The URL can be used to link to this page

Home My WebLink About1.15 Mineral Rights Information Lake Springs Ranch Subdivision Preliminary Plan & PUD Amendment June 2015 Exhibit 14 | Mineral Assessment Reports Lake Springs Ranch Subdivision Preliminary Plan & PUD Amendment June 2015 Exhibit 14a | Bio-Logic MA Report ( ASSESSMENT OF MINERAL RESOURCE POTENTIAL LAKE SPRINGS PUD GARFIELD, COLORADO Prepared For: Michael Berkeley, Manager Berkeley Family Limited Partnership 4001 County Road 114 Glenwood Springs, CO 81601 (970) 945-5432 and Aspen Valley Land Trust 320 Main Street, Suite 204 Carbondale, CO 81623 (970) 963-8440 Prepared By: Lynn Connaughton , Geologist BIO-Logic Environmental 635 East Main Street, Suite 100 Montrose , CO 81401 (970) 240-4374 December 28, 2004 INTRODUCTION Lake Springs PUD (Planned Unit Development ) is located approximately in Spring Valley approximately 5.5 miles north of the Carbondale town center and 5.8 miles south of Glenwood Springs in Garfield County, Colorado . Lake Springs PUD contains approximately 438 acres within an approved subd ivision that is yet undeveloped . Lake Springs PUD contains 191 lots within 5 phases. An approximately 40 acre conservation easement is planned on a portion of the Lake Springs PUD (he reafter, the property) in 2004. Other portions of the property may have future conservation easements placed on them in the future . This report examines the mining and mineral potentia l of all the land within the Lake Springs PUD. As identified in the SLM ed ition of the Mineral Management Status Map for the Carbondale 1° x 2° Quadrangle (1994) approximately 156 acres of land encompassed by the property has mineral rights that are owned by the federal government (Figure 1, Appendix A). The remainder of the property has privately owned mineral rights . A May 2001 Title Commitment does not ident ify any separation of the mineral estate from the surface estate where the mineral estate is privately owned . The portion of the property having privately owned mineral rights was patented by cash-entry patents by 3 different individuals in 1895 . According to patent records the U.S . Government did not reserve the "right of a proprietor of a vein or lode to extract and remove his ore therefrom ... " from any of these lands within the property. The remaining portion of the property having federally owned mineral rights was patented by homestead-stockraising entry i n 1931. At the time this patent was granted the U .S . Government reserved the mineral rights to coal and all other minerals, including the right of a proprietor of a ve in or lode to extract and remove his ore therefrom ... " This report examines the potential of surface mining to occur on and the potential fo r a vein or lode to penetrate or intersect the portion of land within the property having federally owned mineral rights . The purpose of th is study was to determine if the property is in accordance with federal laws govern ing the tax deductibility of conservation easements in which the ownersh ip of the surface estate and m i nera l interests has been separated. The Internal Reve n ue Code §170(h)(5)(B)(ii) states that for such donations , the conservation purpose will be considered to be perpetually protected if the probability of surface mining on the property is so remote as to negligible . Federal Treasury Regulations 26CFR 1.1 ?0A-14 (g)(4) further state that a deduction will not be denied in the case of certain methods of mining that may have limited , localized impact on the real property but that are not irremed iably dest ructive of significant conservation interests . The conservation values on the property include productive agricultu ral land, natural wildlife habitat and vegetation communities, and scenic open space . T he purpose of conservation easements placed on the property is to protect these conservation values in perpetuity. Property Location. The Lake Springs PUD property is located in Spring Valley between Landis and Cattle Creeks which are tributaries to the Roaring Fork River located about 2.25 miles west of the property. The property is surrounded by private ranch and residential lands . Public lands administered by the U.S . Bureau of Land Management (SLM) are located between 0.4 and 0 .9 m ile east and south of the property. Isolated tracts of public lands administered by the BLM are also located 2 .3 miles north of the property. The White Rive r National Forest begins approximately 3 .3 miles north of the property (Figure 1, Appendix A). The property is located in portions of Sections 32 , 33 , and 34 in Township 6 South , Range 88 West, 61h Principa l Meridian and Section 4 in Township 7 South , Range 88 West, 6th Principal Meridian (Figures 1 and 2 , Appendix A). The property is reached from Carbondale by traveling north on Colorado State Highway 82 approximately 5 miles to the intersection with Garfield County 114 Road (CMC Road). The southwest boundary of the property lies approximately 3 .6 miles northeast on 114 Road about 1 mile BIO-L ogic ~nv ironmen ta l D e c ember 2 8. 2004 -~~~~~~~~~~~~~~~~~~~ 2 A s s e s sment of M i n e ra ! ;:<eso urce Po te nti a l: L a k e S pri ngs PU fl northeast of Colorado Mountain College . Alternatively the property ca n be reached from Glenwood Springs by traveling south on Highway 82 about 3 miles to the intersection with 115 Road (Red Canyon Road). Red Canyon Road contains steep switchbacks that narrow to 1 lane and may be icy in the winter. Travel northeast and southeast on 115 Road approximately 6.2 miles to the intersection with 114 Road . The north property boundary lies on 114 Road approximately 0 .1 mile south of the intersection. The midsection of the property is traversed by 119 Road (Kindall Road) and is accessible by other local roads . According to Title Commitments prepared by Land Title Guarantee Company of Glenwood Springs dated October 11 , 2004 and Old Republic National T itle Insurance Company dated May 25 , 2001 the entire property is owned by The Berkeley Fami ly Limited Partnership , A Colorado Limited Partnersh i p. The Title Commitments were provided by staff of the Aspen Valley Land Trust and Attorney John Schenk, legal counsel for The Berkeley Family Limited Partnership and appear in Appendix B . The October 11 , 2004 Title Commitment applies to the portion of the property with in Lots 5 and 6 of Section 32 and Lots 7-10 of Section 33 , Township 6 South , Range 88 West, 6th Pr incipal Meridian where the 2004 Conservation Easement is located in the northeast corner of the property. The May 25, 2001 Title Commitment applies to the entire 438-acre Lake Sp ri ngs PUD property. Mineral Estate Ownership. The BLM edition of the Mineral Management Status Map for the Carbondale 1° x 2 ° Quadrang le ( 1994) shows that mineral rights of the eastern portion of the property, approximately 156 acres, are owned by the federal government, including the rights to coal, oil and gas, and all other minerals (Figure 1, Appendix A). The mineral rights of the remaining approximately 282 acres of the property are privately owned . A search of the BLM General Land Office records database (BLM GLO 2004) shows that several cash-entry land patents and one homestead -stockraising eniry patent were granted on the lands within the property. A review of the land patent records found that the U .S. Government did not reserve the "right of a proprietor of a vein or lode to extract and remove his ore therefrom ... " on the lands having privat e mineral estate. The Title Commitments show no division or severance of the privately owned mineral estate . Cash-entry patent~ were granted to William H. Hubbard , Philip H . Van Cleave and Walter Van Cleave in June 1895. A homestead-stockraising patent was granted to Clarence Johnson in February 1931 (recorded in 1952, Book 263 Page 239). Mr. Johnson homesteaded Lots 1, 6, 11, 12, 13, 14 and the NEY4 SEY4 of Section 33 , and the SWY4 Section 34, Township 6 South Range 88 West, 6th Principal Meridian. The lands homesteaded by Mr. Johnson have federal mineral reservations for the rights to coal and all other minerals, as well as a reservation of t he "right of a proprietor of a vein or lode to extract and remove his ore therefrom ... " The 2004 Conservation Easement does not intersect any portion of the property having federally owned mineral estate. Investigation Methods. The geology and mineral resource potential of Garfield County and the Carbondale-Glenwood Springs area have been studied by the U.S . Geological Survey, Colorado Geological Survey, Department of Energy, and others . This mineral assessment consisted of a rev iew of published literature including geologic maps, geophysical data , and geochemical data ; a review of on-line databases available at the Colo rado Oil and Gas Comm ission website accessed November 1, 2004 (COGCC 2004); a review of pertinent information conta i ned in the Case Recordation Serial Register and LR2000 Database (BLM 2004); a review of databases conta ining historic and cu r rent mining activities produced by the U.S . Geological Survey and Colorado Geological Survey ; communication with Aspen Valley Land Trust (AVL T) staff; communication w ith Michael Berkeley, Manager of The Berkeley Fam i ly Limited Partnership ; communication with John BfO -Logic Environm ,n ta l December 28, 2004 ------3 ( Schenk, legal counsel for The Berkeley Family Limited Partnership; and examination of sketch plans of the Lake Springs PUD provided by AVL T staff and Tim Malloy of TG Malloy Consulting. The author has conducted several recent geologic field studies in the greater Carbondale area in Garfield County and neighboring Pitkin County and is very familiar with the geology and topography of Carbondale and neighboring areas. Field reconnaissance of the property and nearby road cuts surrounding Spring Valley was conducted on December 28, 2004 . An aerial photograph taken September 4, 1993 (Figure 3, Appendix A) was examined for evidence of historic or recent prospecting or mining activities within the property. GEOLOGY Geologic Framework and Structure. The property is located between the Piceance Basin to the west, and uplifts of the White River Plateau, Elk Mountains, and Sawatch Range to the north, south, and east (Map 1 ). Denver S.sin f Parado) '" --- / L2t~ Cpunty Map 1: Physiographic/tectonic setting of The Berkeley Family Limited Partnership property (modified from Widmann et al. 2002a). The geologic framework of the region results from a complex history of sedimentation, plutonism, metamorphism , faulting and uplift, and volcanism . The geology of the property is best understood at the regional scale. Appendix D contains a Geologic Time Chart. EM O -L o gic Environmental Decemb er 28, 2004 4 A .. s ess:nent of Mine ra l Re source Poien ti~!: La ke Spr i ngs P U The geology and landscape of the Carbondale area is dominated by Neogene salt tectonism and salt dissolution resulting in significant deformation of geologic strata. The greater Carbondale area north to Glenwood Springs lies within a massive topographic depression interpreted as a collapse structure formed by the dissolution and flowage of evaporitic rocks that lie at or near the ground surface. The depression is up to 4,000 feet lower in elevation than the surrounding terrain . Within the collapse block are many complex geologic structures unique to salt dissolution and tectonism including synclinal sags, intrusive contacts between sedimentary rock formations , orthogonal fault sets, parallel bedding-plane faults, structural troughs, valley anticlines, collapse debris, thick sediment accumulations, and folded Pleistocene outwash terraces (Kirkham and Widmann 1997, Kirkham et al. 2002). The presence of folded and faulted surficial deposits indicate that the collapse has continued into the Quaternary. Sinkholes and high salinity loads in streams flowing through the Carbondale area a re evidence of ongoing dissolution. The western margin of the Carbondale collapse center is the Grand Hogback Monocline . The property is located about 3.6 miles east of the axis of the Cattle Creek anticline and 5.3 miles east of the axis of the Grand Hogback Monocline, both major folds dating to the Laramide Orogeny. The Grand Hogback Monocline is a down-to-the-west fold that developed in during the later part of the Laramide Orogeny . The portion of the fold that is suspected of Quaternary movement stretches from Thompson Creek north to Glenwood Springs. The Monocline is underlain by evaporate deposits believed to be up to 4 ,000 feet thick and the most recent movement along the fold and related faults is suspected to be related to migrating or dissolving evaporates and possibly a relaxing of the monocline fold . There are numerous Quaternary northwest trending faults mapped parallel to the Grand Hogback Monocline . North of Carbondale is a series of faults mapped in Heuschkel Park, a synclinal sag . Another series of faults known as the Spring Valley faults and Red Canyon faults exist around Spring Valley, which is modeled as a graben or half-graben structure (Kirkham et al. 2002). The Red Canyon and Spring Valley faults offset Miocene volcanic rocks and Quaternary deposits within Spring Valley and are related to salt tectonism within the Carbondale collapse center. The Red Canyon Faults are located along the northern margin of the Carbondale collapse center, a large late Cenozoic structural depression created by the flowage and dissolution of underlying Pennsylvanian evaporitic rocks. The Carbondale collapse center is a large depression from the lower slopes of Mount Sopris north to Glenwood Springs . It is bounded on the east by the Basalt Mountain Fault. Within the Carbondale collapse center are several other folds and faults including the Cattle Creek Anticline which all have the potential for movement due to salt tectonism and dissolution of the several thousand feet of evaporates underlying the center (Widmann et al. 2002b ). The property lies between 6,920 and 7,320 feet elevation (Figure 2, Appendix A). The property encompasses rolling hills and valley floor of Spring Valley. Spring Valley is a long basin extending nearly 3 .7 miles that lies east of the Roaring Fork valley and is about 1,000 feet in elevation above the Roaring Fork River. Kirkham et al. (2002) report that when early settlers homesteaded in the area Spring Valley was a closed depression containing a lake . The lake was drained by a hand-dug drain ditch at the north end of the valley in o rder to convert the lake bed to agricultural land. Primary soil units mapped by the Soil Conservation Service (SCS1984) on the property include Empedrado loam consisting of clay loam ; Kilgore silt loam described as poorly drained, very gravelly sandy loam to loamy sand; Morvall-Tridell complex consisting of loam to stony loam formed in basalt-derived alluvium ; Showater-Morvall complex consisting of cobbly clay loam to clay formed in BIO~t.o gi c E n vir onmental De cember 28, 2004 5 ( ---· . -- -~-· --·--·-· -------1-· ·-";:3 -• --- basalt-derived alluvium with a very stony surface; and Forelle loam consisting of loam to clay loam. Geologic Units . The near surface rocks of the property range in age from about 22.5 million years old to Quaternary alluvium. Perhaps 800 to 2,000 or more feet below the surface lie Permian and Pennsylvanian rock units that are between 240 and 300 million years old (Kirkham 2002). According to geologic maps of the Carbondale and Glenwood Springs Quadrangles (Kirkham and Widmann 1997, Kirkham et al. 1997) and geologic cross -sections of Spring Valley (Kirkham et al. 2002) the surface geology of the property is comprised of unconsolidated Quaternary landslide deposits , and Quaternary alluvium, colluvium , and lacustrine deposits overlying Miocene volcanic rocks comprised of basalt. The Quaterna ry deposits may be 800 to over 2 ,000 feet thick and overlie Miocene basaltic rocks and/or Pennsylvanian/Permian Maroon Formation , and Pennsylvanian Eagle Valley Formation and Eagle Valley Evaporite . The Quaternary landslide deposits consist of unstratified and unsorted clay, silt , sand , gravel and boulders . The landslide deposits contain abundant basalt boulders and a clay matrix . Landslide deposits in the Carbondale and Glenwood Springs Quadrangles range in age from active to long-inactive. The Quaternary alluvium and colluvium deposits consist of undivided unconsolidated deposits variably sorted sandy silt, gravel, and clay deposited on old ridges or terraces by drainages , gravity, or sheetwash . Within the central portion of Spring Valley the unconsolidated deposits also contain lacustrine deposits , typically varved layers of silt with sand . The unconsolidated deposits are underlain by Miocene volcanics, or Permian to Pennsylvanian bedrock . The Miocene volcanics consist of multiple basalt flows that may be rich in olivine. Dating of samples within the Carbondale and Glenwood Springs Quadrangles found flows ranged in age from 8 to 22 million years old. Flows at the north end of Spring Valley dated 22 million years old (Kirkham et al. 1997, Kirkham and Widmann 1997). The Maroon Formation consists of reddish arkosic sandstone and conglomerate which forms striking redbeds throughout the area. Debris flows and rockfall are common in areas where this unit outcrops at the surface. The Eagle Valley Formation consists of interbedded reddish to gray gypsyferous sandstone, gypsum and carbonate rocks. This unit contains rocks of the overlying Maroon Formation and underlying Eagle Valley Evaporite. In the Carbondale-Glenwood Springs area this unit is often deformed by salt flowage of evaporates in the underlying unit and subsidence and sinkholes are possible . The Eagle Valley Evaporite consists of an alternating sequence of gypsum, anhydrite, halite, mudstone, sandstone, limestone, and sha le . There are economic gypsum and halite resources within the Eagle Valley Evaporite. The unit is often deformed from folds, faults , diapirism, salt flowage and dissolution, and related subsidence. Areas within the Eagle Valley Formation and the Eagle Valley Evaporite are susceptible to collapse , sink holes , compaction , piping, and corrosivity (Streufert 1999). MINING HISTORY No notable mines or prospecting features such as trenches or pits, or active or inactive mines are visible on the property or are believed to have ever occurred within the property (Vanderwilt 1947, Del Rio 1960, Day et al. 1999, BLM 2004, Carroll and Bauer 2002). The property is not within a metal mining district or mineral resource area (Vanderwilt 1947, CGS and USGS 1977, Wray 2002, Carroll 2002, Del Rio 1960). The property is located approximately 5.8 miles east of the Piceance Basin which contains the Uinta Coal Region . Numerous historic coal mines are located on the eastern margin of the Uinta Coal Region and targeted coal beds within the upper Cretaceous Mesaverde Group (Carroll and Bauer 2002). ----------------------------·------. BiO-Logic Environmental D ec em ber 28, 2 004 A.s s essmen of M i nera l R"s o u rc e Pote ntial : Lake Sprin gs P UD The nearest federally leased land for oil or gas development is approximately 7.4 miles west of the property, and the nearest producing gas or oil well is more than 15 miles west of the property (BLM 2004, COGCC 2004). The nearest non-producing oil or gas wells lies about than 2.7 miles south of the property. Other non-producing wells are located between 6 and 10 miles south and west of the property. Over 900 acres having federal mineral estate and located approximately 0.5 miles west of the property was previously leased from 1982 to 1992 by major national gas and oil companies (BLM 2004 ). No oil or gas exploration or extraction is known to have occurred on or near the property . The nearest mining operations are active and former gravel and borrow pits located along the upper and lower terraces of the Roaring Fork. The nearest are an inactive borrow pit and an i nactive small gravel pit river within 1.6 to 2.3 miles west and southwest of the property (Figure 5 , Appendix A). There are no sand and gravel pits or quarries located near or on the property, in Spring Valley, or in areas with similar geology (Kirkham and Widmann 1997, Keller et al. 2002). LOCATABLE MINERAL RESOURCES Numerous metallic minerals may occur as veins or lodes . Most metallic minerals fall into the category of Locatable Minerals which includes all minerals subject to exploration, development, and production under the 1872 Mining Law. This includes most metals such as gold, silver, lead, zinc, and copper, and industrial minerals . Base and precious metals have been mined in Colorado from several main types of deposits. None of the following types of deposits occur on or near the property: vein deposits in steeply-dipping metasedimentary rocks ; masses of pyritized sedimentary rock and rhyolite dikes; contact metamorphic deposits with massive magnetite , iron-copper sulfides , and gold; high-grade quartz- sulfide veins hosted predominantly by Proterozoic granitic and metamorphic rocks; pegmatite bodies; stratabound massive sulfide deposits; and Pre-metamorphic quartz veins with gold- chalcopyrite mineralization (Taylor et al. 1984, Van Loenen and Gibbons 1997). The geology on the property is unfavorable for any type of base or precious metal deposits due to unfavorable geology. A search of BLM records found that no active mining claims exist in Townships 6 or 7 South, Range 88 West and there are no nearby claims that would have any potential for a vein or lode to penetrate the property (BLM 2004). Some closed placer and lode claims located between Colorado Mountain College and the Roaring Fork River were claimed but were closed within a couple years . No mines of locatable mineral resources were identified in the vicinity of the property (BLM 2004, Keller et al. 2002 , BLM 2004, Vanderwilt 1947, Del Rio 1960). Gold can be mined from placer deposits within water courses downstream of gold-bearing strata. No productive or valid historic placer claims are known to exist on Cattle or Landis Creeks (Vanderwilt 1947, Del Rio 1960, BLM 2004). There are no mineralized areas known within the watersheds of these creeks. Therefore the potential for economic placer deposits to be discovered on the property is low. Very smafl amounts gold are potentially present within the Cretaceous Mancos Shale which is absent from the property . Uranium and vanadium occur in the region within Jurassic Morrison and Entrada formations along the Grand Hogback monocline north of Rifle. Uranium is also known to occur in volcanic deposits in hydrothermally altered areas or areas near mineralized rhyolitic intrusions with disseminated deposits. Potential uranium-bearing volcanic rocks have not been £HO -L ogic Environ mentai December 2'8. 200 4 ../'"""i.W~·-.:J ..:3 111 ~1 1 " -.1 ••1"-'":-1 .....::;. ,,, __ ...... __ ...,;_ ~ ~ ... -•• -....... --·---.1------• ..;- found near the property and are not expected to occur here. The property is not within an area shown to have economic uranium reserves (CGS and USGS 1977). There is no uranium potential on the property due to unfavorable geology. In the Glenwood Springs and Shoshone Quadrangles north and northwest of the property, lead and zinc minerals occurring with minor copper and silver have been located in rocks of the Devonian Chaffee Group and Mississippian Leadville Limestone (Kirkham et al. 1997, Kirkham et al. 1995). The Colorado Geological Survey reports that there may be similar deposits of lead-zinc-silver mineralization within the Glenwood Springs area but that if they do exist they are expected to be subeconomic (Kirkham et al. 1997). The host formations are rocks of the Chaffee Group and the Leadville Limestone. These formations, if present under the property, are believed to be more than 4,000 feet below the ground surface in the vicinity of the property (Kirkham et al. 2002). If any mineralization were present, the depth to the host rocks would prohibit any mining of these resources. LEASABLE MINERAL RESOURCES Oil, gas, oil shale , potash, sodium, native asphalt, bituminous rocks, and phosphate coal are regulated by the Mineral Leasing Act of 1920, which excluded them from the General Mining Law of 1872. Geothermal energy was added to the list of leasable minerals by the Geothermal Steam Act of 1970. Regional rock formations having the potential to harbor leasable minerals include the Mesaverde Group, other Cretaceous sandstone and shale, and gypsum-bearing Pennsylvanian- Permian sedimentary rocks. The property does not have any mineral potential for oil shale due to unfavorable geology. The property is not near an oil or gas field or within an area known to contain coal , oil, gas, oil shale, geothermal energy, or uranium (USGS and CGS 1977, Wray et al. 2002 , Keller and Hemborg 2000). Gypsum and halite . The Eagle Valley Evaporite contains gypsum and halite that have been found to economically exploitable near Gypsum, Colorado. The potential for economic gypsum production is closely tied to proximity to a wallboard production plant. Centex Construction Products operates the gypsum mine and wallboard plant in Gypsum (Widmann and TerBest 2002). There is an enormous deposit more than 900 feet-thick of halite at depth within the Eagle Valley Evaporite formation in the Carbondale area where the unit has been thickened by the Cattle Creek anticline structure (Kirkham and Widmann 1997, Kirkham et al. 2002). The Eagle Valley Evaporite unit is believed to be present at a depth of more than 1,600 feet below the property (Kirkham et al. 2002). Based on the depth to the formation and the presence of extremely thick economic halite resources of excellent quality located near the ground surface elsewhere in the Carbondale-Gypsum area it is remote that a gypsum or halite mine would be located on the property. Oil, gas, and hydrocarbons. The property is located east of the Piceance Basin within an area that does not have any active federal oil or gas leases and that has few wildcat wells drilled . Oil and gas in Pitkin, Mesa, and Garfield Counties are extracted primarily from upper Cretaceous rocks including the Cozzette and Corcoran Sandstones, Rollins Sandstone and Williams Fork Formation of the Mesaverde Group and less often the lower Cretaceous Dakota Sandstone and older units (Keller and Hemborg 2000 , Widmann et al. 2002a, Wray 2002). Also coal bed methane gas is being produced from the Williams Fork Formation of the Cretaceous Mesaverde Group. The property lies within Quaternary landslide deposits and Tertiary volcanics which overlie Permian to Pennsylvanian sedimentary rocks at depth . There are no existing records of production of oil, gas , oil shale, potash, sodium , asphalt, bitum i nous 8 BIO-Logic Environm en t a l De cem b er 28, 20 04 ______ ., __ _ A s sessment of M i n e ra l Reso urce Potent ia l: Lake Springs PUD rock, and phosphate on or near the property or the nearby areas with simila r geology. The necessary conditions for hydrocarbon accumulation are presence of porous reservoir rocks , rich source of hydrocarbon , confining layer or impermeable seal to trap hydrocarbons, and favorable thermal history . Favorable geologic conditions do not appear to exist on the property. The nearest producing fields are more than 10 miles west of the property within the Piceance Basin (USGS and CGS 1977, Wray et al. 2002, Keller and Hemborg 2000). According to the BLM Case Recordation (LIVE) Serial Register (2004) [oil and gas lease database], the nearest properties having federally owned mineral estates that are currently under oil and gas lease are more than 7 miles west of the property. There are large areas of lands having federal mineral estate adjacent to the property that are not leased ; the unleased areas are also not within the Piceance Basin and Uinta Coal Basin . Over 900 acres of land having federal mineral estate located approximately 0 .5 mile west of the property was leased by major oil and gas companies from 1982 to 1992 . The land is mostly east of the Piceance Basin and has not been leased since . This shows a lack of interest by the oil and gas industry in the area proximal to the property located outside of the Piceance Basin . The nearest drilled well is approximately 2 .7 miles southwest of the property. This wildcat well was described by Kirkham and Widmann (1997) and targeted the Leadville Limestone and Dyer Dolomite below the Eagle Valley Evaporite . The well did not produce oil or gas and was abandoned . The nearest currently producing well is more than 15 miles west of the property. The producing well is located within an area considered to have high oil and gas potential within the Piceance Basin . Coal and coal bed methane. Pitkin and Garfield Counties conta in numerous small inactive coal mines , all located within the Uinta Coal Basin from rocks of the Cretaceous Williams Fork Formation in the upper Mesaverde Group. Most mines were limited producers for brief periods between the 1880s and the 1960s while a few produced coal into the 1980s. The nearest significant coal mines , none still producing, are located in Coal Basin mo re than 12 miles southwest of the property w ithi n the members of the Mesaverde Group (Carroll and Bauer 2002). Similar to coal, coal bed methane is extracted from the Bowie Shale Member which includes the Cameo-Wheeler-Fairfield coal zone and the Paonia Shale Membe r of the Williams Fork Formation (Kirkham et al. 1996, Tremain 1984). The rocks of the Mesaverde Group are not present on or below the property and the property is located east of the Uinta Coal Bas in. Subeconomic coal is also potentially present in thin discontinuous beds within the Cretaceous Dakota Formation below the Cretaceous Mancos Shale. Coal beds within the Dakota Formation have been mined on a small scale mostly fo r use by individual landowners for residential heating (Brown 1989). No Cretaceous rock formations are present on the property. The property has unfavorable geology for coal or coal bed methane resources . Geothermal resources . Geothermal resources including steam and hot water are found in fractured permeable rocks associated with igneous intrusions or high regional geothermal g radients . Geothermal resources have been successfully developed generally where very recent volcanism or igneous intrusive activity has occurred , and where permeable rocks have an impermeable cap that allows heat and pressure to build so that steam can be harvested . No evidence of geothermal deposits is apparent on the property, and there are no known thermal wells , springs , or seeps on or adjacent to the property . The property is not mapped any area of significant energy resources (Barrett and Pearl 1978, USGS and CGS 1977) however there are 3 sets of hot springs located along the Colorado River between 6 and 10 miles northwest, north, and northeast of the property. These hot springs flow adjacent to and in the Colorado River bed in Glenwood Springs , at the mouth of South Canyon Creek west of Glenwood Springs, and Dotsero. The springs are related to deep circulation of water wi t hin major fault systems. They are part of a group of hot springs also including Steamboat Springs , and thermal wells reported in Yampa and between Steamboat Springs and ~~~--,-----=-----:-~~--~~~~~~~~~--~~~~~~~~~~~~~~~~~~9 BIO-Logic Environmenta l Decemb i::r 28, 2004 i\ssessment of \ilin e r a l R eso urce Po t ent ia l : Lake S prings PU D Craig, that occur around the White River Uplift. A series of hot seeps and springs known as Penny Hot Springs is located about 2 miles north of Redstone where hot water emerges from numerous springs and seeps within the Crystal River alluvium above the Pennsylvanian Maroon Formation . They are believed to be associated with faults and fractures of the Bulldog Stock, an igneous intrusive body at the edge of the Crystal River valley (Barrett and Pearl 1978). The geologically recent igneous activity with in the region makes it possible that a high geothermal gradient may persist in the vicinity of the property. Geothermal resources are exploited by subsurface mining methods (wells). The possibility of surface mining of any geothermal resources on the property is remote . Due to unfavorable geology, the property has little to no mineral potential for leasable minerals including oil shale, potash, sodium, native asphalt, coal, or coal bed methane . It is uncertain what potential if any exists for geothermal energy, oil, or gas which are all extracted by subsurface mining methods . Geologic potential exists for gypsum and halite, but these resources would be present more than 1,500 feet below the property at a depth too great for extraction by surface mining methods. SALABLE MINERAL RESOURCES Salable minerals include petrified wood , common sand and gravel, sandstone or igneous dimension stone, pumice, volcanic cinders (including scoria), high calcium or high grade limestone, and select types of clay. Marble is usually classified as a salable mineral. Salable minerals on lands having federal mineral estate must be purchased from the U.S . Government, and are regulated by the Federal Materials Act of 194 7 and the Multiple Surface Use Act of 1955. Most salable minerals have low unit values per short ton and require easy access to transportation and local markets to be profitably exploited. However, marble of exceptional quality may be profitably mined despite transportation costs . The property has unfavorable geology for clay, dimension stone, limestone , marble, gypsum, and salt, all of which have value as industrial or construction materials . These resources exist in geologic un its that are either not found on or under the property, or in the case of gypsum and salt occur at depths too great for economic recovery by surface mining methods (Dunrud et al. 1989, Ellis 1987, Vanderwilt 1947, Del Rio 1960). High calcium limestone is mined from Leadville Limestone exposed north of Glenwood Springs and in the north half of the Glenwood Springs Quadrangle where can be chemically pure and mined as metallurgical grade limestone (Kirkham et al. 1997). If present, the Leadville Limestone is several thousand feet below the ground surface in the vicinity of the property at a depth too great for surface mining. Scoriaceous basalt is mined from the 4,000-year-old volcanic rocks of the Dotsero crater. The basalt is crushed for use as a filler in cinder blocks , road cinders , and landscaping aggregate . Pumice and cinders are mined from Tertiary basalt and cinders on the north side of Cottonwood Creek approximately 5.9 miles east of the property. The McNulty quarry has been permitted since 1978 and exists on lands having both private surface and mineral estate . The quarry exploits scoriaceous cinder deposits exposed in a cinder cone remnant. Although basalt outcrops on the property, it is unlikely thaj a similar quarry operation could be located on the property. No cinder cone deposits similar to those at the McNulty quarry have been mapped on or near the Lake Springs PUD property. Quaternary alluvium, colluvium , and glacial till deposits are potential sources of sand and gravel. B IO-Logic En vironm entai December 28 , 2004 ( AS Sessme nr OT IVllnera1 !"i eSOU r<.:e t"U U:'flll i:U; L a l\t: vfJ l ll l~<> ruu The Quaternary landslide and colluvial deposits mapped on much of the property are also considered to be a source of sand and gravel (Kirkham and Widmann 1997, Kirkham et al. 1997, Streufert 1999). The unconsolidated deposits can be up to 1,300 feet thick in the vicinity of the property. There are no current or historic sand or gravel quarries located in vicinity of the property having similar geology (Keller et al. 2002). Numerous sand and gravel quarries exist in the Crystal and Roaring Fork Rivers and on young and old river terraces adjacent to major county roads and state highways near Carbondale . A couple sand and gravel quarries have historically existed near the McNulty cinder quarries several miles east of the property. These quarries apparently exploited sand and gravel deposited on old terraces of Cottonwood Creek . Most of the soils mapped on the property and in areas with similar geology by the Soil Conservation Service (SCS 1977, SCS 1984) contain too large a percentage of clay and fines to be usable as a sand and gravel resource . The soils mapped in central portion of Spring Valley including the irrigated portion of the property contain much less fines and little clay compared to the soil units mapped on the rest of the property. The Kilgore soils mapped in the western irrigated portion of the property are generally considered acceptable for use as a sand and gravel resource. However, extens ive clean sand and gravel resources are readily available in alluvial terrace deposits closer to population centers throughout the Carbondale-Glenwood Springs area. The Kilgore soils are only mapped on the portion of the property having privately owned mineral rights that have not been severed from the surface rights . Sand and gravel , cinder, and other salable resources are considered to be part of the mineral estate where federally owned and managed by the SLM . If geologic potential exists it would be very difficult to have an economically viable sand, gravel, or cinder operation where the mineral rights are severed from the surface estate. The cost of reimbursing the surface estate owner for damages to the surface estate would severely impact any operation. The SLM has not historically permitted a salable mineral mine on land having a federal mineral estate but a privately owned surface estate . Due to the above described geologic and economic factors it is improbable that any salable resources would be mined from the property. SUMMARY This study determined that the portion of the Lake Springs PUD property having severed mineral rights has low to no mineral potential for locatable minerals or minerals occurring as a vein or lode including gold , silver, base metals , sulphur, uranium, vanadium, and thorium. There are no patented mining claims on veins or lodes that could potentially intersect the property. The property has little to no mineral potential for leasable minerals including coal, coal bed methane, oil shale, potash, native asphalt, or bituminous rocks due to unfavorable geology. The property has potential for gypsum and hal.ite which may be present more than a thousand feet below the property within the Eagle Valley Evaporite. If present these resources are at too great a depth to be exploited through surface mining methods. It is unknown what potential for geothermal energy, oil , or gas resources exists on the property . The property is within an area that experienced recent igneous activity and may have an elevated geothermal gradient. Hot springs are present between Canyon Creek west of Glenwood Springs, in Glenwood Springs, and Dotsero along the Colorado River. Geothermal , oil , and gas resources are exploited by subsurface mining methods. The property has little to no mineral potential for salable minerals including dimension stone , limestone, marble, petrified wood , refractory brick clay, or other salable minerals due to unfavorable geology. The has low potential for sand and gravel, pumice, scoria, and volcanic cinders, but due to the presence of abundant highly accessible, higher-quality resources in other areas of the Crystal- Roaring Fork valley region; and due to the federal ownership of the split mineral estate the possibility B/0--L ogic En v iro n m en t al December 28, 2004 --------11 Asses s m ent o f Minera l Reso urce Potential: Lake S prings PU D of an economic sand and gravel operation is remote. CONCLUSION Based on the geologic and economic factors described above and the lack of historic mining claims or mineral extraction operations in the vicinity of property and in nearby areas with similar geology, the probability of surface mining on any portion of the property is so remote as to be negligible. B IO -Logic En v ironmental Decemb er 28, 2004 ( BIBLIOGRAPHY Brown, S.D. 1989. In Armbrustmacher, T.J ., H .N. Barton, D.M. Kulik, and K.Lee. Mineral Resources of the Gunnison Gorge Wilderness Study Area, Montrose and Delta Counties, Colorado . U.S. Geological Survey, Denver, Bulletin 1715. 14 pages and plate. Carroll, C.J., and M.A. Bauer. 2002. Historic Coal Mines of Colorado. Colorado Geological Survey (CGS), Denver, Colo ., Information Series 64. CD-ROM. Colorado Oil & Gas Conservation Commission (COGCCC). 2004. Live Queries Colorado Oil and Gas Information System (COCGIS). Online database: http://oil- gas.s tate.co.us/?main src=infosys /Live Querv.html. Accessed November 1, 2004. Day, W.C., G.N. Green, D.H. Knepper, Jr., and R.C. Phillips. 1999. Spatial Geologic Data Model for the Gunnison, Grand Mesa, Uncompahgre National Forests Mineral Resource Assessment Area, Southwestern Colorado and Digital Data for the Leadvi lle, Montrose, Durango, and Colorado Parts of the Grand Junction, Moab, and Cortez 1°x2° Geologic Maps. U.S. Geological Survey (USGS), Denver, Colo., Open-File Report OF-99-427 . CD-ROM. Del Rio, S.M. 1960. Mineral Resources of Colorado, First Sequel. State of Colorado Mineral Resources Board, Denver, Colo. 764 pages with plates. F.M. Fox and Associates. 1974. Roaring Fork and Crystal Valleys: An Environmental and Engineering Geology Study, Eagle, Garfield, Gunnison, and Pitkin Counties, Colorado . Colorado Geological Survey (CGS), Denver, Colo., Report EG-08. 1: 48 ,000. Keller, J.W., and H. T. Hemborg. 2000 . Evaluation of Mineral and Mineral Fuel Potential of Lands Administered by the Colorado State Land Boa.rd in Chaffee, Gunnison, Lake, and Pitkin Counties. Colorado Geologic Survey (CGS), Denver, Colo., Open-file Report 00-006. CD-ROM. Keller, J.W., R.C. Phillips, K. Morgan . 2002 . Digital Inventory of Industrial Mineral Mines and Mine Permit Locations in Colorado . Colorado Geological Survey (CGS), Denver, Colo., Information Series 62. CD-ROM. Kirkham, R.M. and B.L. Widmann. 1997. Geologic Map of the Carbondale Quadrangle, Garfield County, Colorado . Department of Natural Resources Colorado Geological Survey (CGS) Denver, Colo., Open-File Report 97-3, 1 :24,000. Kirkham, R.M., R.K. Streufert, and J.A. Cappa. 1995. Geologic Map of the Shoshone Quadrangle, Garfield County, Colorado . Department of Natural Resources Colorado Geological Survey (CGS) Denver, Colo., Open-File Report 95-4 , 1 :24,000. Kirkham, R.M., R.K. Streufert, and J.A. Cappa. 1997. Geologic Map of the Glenwood Sprin.gs Quadrangle, Garfield County, Colorado. Description of Map Units, Economic Geology, Geochemical Analyses, and References. Department of Natural Resources Colorado Geological Survey (CGS) Denver, Colo., Map Series 31, 1 :24,000 . Kirkham, RM., R.K. Streufert, H.T. Hemborg, and P.L. Stelling. 1996. Geologic Map of the Cattle Creek Quadrangle, Garfield County, Colorado. Department of Natural Resources Colorado Geological Survey (CGS) Denver, Colo., Open-File Report 96-1, 1 :24,000. BfO-Lo g l .; Environmental D e cem ber 28, 2004 ------13 Asse ss m e nt of Mineral Res our ce Po t ential : Lake S p r i ng s PU D Kirkham, R.M., R.K. Streufert, M.J . Kunk, J.R. Budahn, M.R. Hudson, and W.J. Perry, Jr. 2002 . Evaporite Tectonism in the lower Roaring Fork River Valley , West-Central Colorado , in Kirkham , R.M., R.B. Scott, and T .W. Judkins, eds., Late Cenozoic Evaporite Tectonism and Volcanism in West-Central Colorado . Geological Society of America , Boulder, Colo., Special Paper 366 . Pages 73-99. Soil Conservation Service (SCS). 1984. Soil Survey of Aspen -Gypsum Area, Colorado, Parts of Garfield and Mesa Counties . USDA Natural Resources Conservation Service (formerly SCS), Denver, Colo. Soil Conservation Service (SCS). 1977. Soil Survey of Rifle Area, Colorado , Parts of Eagle, Garfield, and Pitkin Counties . USDA Natura l Resources Conservation Service (formerly SCS), Denver, Colo. Soule, J.M. and B.K. Stover. 1985 . Surficial Geology, Geomorphology , and General Engineering Geology of Parts of the Colorado River Valley, Roaring Fork River Valley , and Adjacent Areas, Garfield County, Colorado . Department of Natural Resources Colorado Geological Survey (CGS), Denver, Colo ., Open-File Report 85-1, 1 :50,000 . Streufert, R.K . 1999. Geologic Map of the Mount Sopris Quadrangle, Garfield and Pitkin Counties , Colorado . Department of Natural Resources Colorado Geological Survey (CGS) Denver, Colo., Open-File Report 99-7, 1 :24,000 . Streufert, R.K, R.M . Kirkham, B.L. Widmann, and T.J. Schroeder, II. 1997. Geologic Map of the Cottonwood Pass Quadrangle, Eagle and Garfield Counties, Colorado . Department of Natural Resources Colorado Geological Survey (CGS) Denver, Colo ., Open-File Report 97-4 , 1 :24 ,000. Taylor, R.B., R.J. Stoneman, S.P. Marsh, and J.S . Dersch. 1984. An Assessment of the Mineral Resource Potential of the San Isabel National Forest, South -Central Colorado. U .S . Geological Survey, Denver, Colo., Bulletin 1638. 42 pages with plates. Tremain, C.M. 1984. Coal Bed Methane Resources of Colorado . Department of Natural Resources Colorado Geological Survey (CGS) Denver, Colo., Map , 1 :500 ,000 . U.S. Department of the Interior Bureau of Land Management (BLM) General Land Office (GLO). 2004. Land Patent Search . Online database at www.gl o records.blm .gov/Pate ntSearch/Defa u lt.a s p? Accessed December 20 , 2004 . U.S. Department of the Interior Bureau of Land Management (BLM) Geocommunicator Land and Mineral Use Records Online Mapping Utility. 2004. Online at www.geocommunicator.gov/Geocomm /l a ndmin /hom e/i nd ex.html. Utility uses LR2000 database also available at www.blm.gov/lr2 000. Accessed December 20 , 2004 . U.S. Department of the Interior Bureau of Land Management (BLM). 2004. Case Recordation (LIVE) Serial Register [oil and gas lease database]. Accessed at Montrose Field Office, Colorado on December 20, 2004. U.S. Geological Survey (USGS) and Colorado Geological Survey (CGS). 1977. Energy Resources Map of Colorado . U.S . Geological Survey, Denver, Colo., Map 1-1039, 1 :500,000 . U.S. Geological Survey. 1997. A Manual for Interpreting New-Format NURE HSSR Data Files . BIO-L ogic E nvironmental Decerr1 ber 2 8, 2004 ~~~~-~~~~~~--~~~~--~~~ 14 ( A s se ssm<=mt of Mineral Re so urce P o t e nti a i : La1c e :s p r ing s l"'li U U.S. Geological Survey, Denver, Colo ., Open-File Report OF 97-492 . Online text and database: http://geo logy.er. usgs . gov/pub/open-file-reports/ofr-97 -0492 . Van Loenen , R.E., and A.B . Gibbons. 1997. Mineral Resource Potential and Geology of the San Juan National Forest, Colorado . U .S. Geological Survey, Denver, Colo ., Bulleti n 2127 . 140 pages with plates. Vanderwilt, J .W . 1947. Mineral Resources of Colorado . State of Colorado Mineral Resou rces Board , Denver, Colo . 547 pages w ith plates. Widmann , B.L., H. TerBest, and R.E. Garrison. 2002a . Evaluation of mineral and mineral fuel potential of R io Blanco, Delta , Mesa , San M iguel and Ouray Counties state mineral lands administered by the Colorado State Land Board . Colorado Geological Survey, Denver, Colo., Open- File Report 02-18 . CD-ROM . Widmann , B.L., R.M. Kirkham, M .L. Morgan, and W .P Rogers, wi th contributions by Crone, A.J ., S.F. Personius , and K.I. Kelson , and G/S and Web design by Morgan , K.S., G .R. Pattyn , and R.C. Phillips. 2002b . Colorado Late Cenozoic Fault and Fold Database and Internet Map Server: Colorado Geological Survey Informat ion Series 60a . Wilson, A.B., G.T. Spanski , M.J. Crane , and M.D . Woodard. 2000. Databases and Spatial Data Model for Mineralized Areas, Mines, and Prospects in t he Grand Mesa, Uncompahgre, and Gunnison (GMUG) National Forests , Colorado . U .S . Geological Survey (USGS), Denver, Colo., Open-File Report 00-298 . CD -ROM . Wray, LL., A.O . Apeland, H.T. Hemborg, and Cheryl A. Brchan . 2002 . Oil & Gas Fields Map of Colorado . Colorado Geological Survey (CGS), Denver, Colo ., Map MS -33, 1 :500 ,000 . !310-Log ic Envir o nmen t al D ece mber 28, 2004 15 A s sc ssrn e n t o r iv: mer a ; ru~sourt.;~ r ;,..nenua1, L u M~ "'f-11 1 1 1~::. ,-'"''-' LIST OF PREPARERS Project Manager and Geologist was Lynn Connaughton . Ms. Connaughton has a Bachelor's degree in Geology from Western State College, CO, with additional coursework in groundwater hydrology from Colorado School of Mines, and wetland ecology and botany from Rocky Mountain Biological Laboratory, CO . She has completed the 38-Hour Army Corps of Engineers Wetland Delineation & Management Training Program and has additional training in GIS systems and remote sensing data analysis. Ms. Connaughton has over 7 years experience in field geology, hydrology , and soils analysis. Ms. Connaughton was formerly a geologist and hydrologist for the U .S. Geological Survey groundwater monitoring program at the Rocky Mountain Arsenal near Denver. Ms. Connaughton was formerly a soil scientist and geologist at Buckhorn Geotech in Montrose, where she performed geological hazard analysis, soil and hydrological analysis , wetland delineations, and managed the soil analysis laboratory. Ms . Connaughton assisted the NRCS in Montrose with the Ridgway Area soil survey. Ms. Connaughton has identified geological, hydrological, soil features and environmental hazards for dozens of conservation easement baseline inventory reports. She has also studied acid drainage in the San Juan Mountains with the U.S. Geological Survey and the U.S . Bureau of Land Management, and performed field investigations of inactive mine physical characteristics and hydrology for the U.S. Bureau of Land Management in southwestern Colorado. She has taught Physical Geology at the Mesa State College extension in Montrose, Colorado. Senior Technical Reviewer was Steve Boyle, Senior Biologist at BIO-Logic Environmental. Mr. Boyle holds a Master's degree in Wildlife Biology (Colorado State University, 1981) and has 23 years of experience in biological assessments, natural resource planning, arid surveys for threatened and endangered species in the western U.S. and overseas. He has carried out more than thirty Biological Assessments, Environmental Assessments, and Environmental Impact Statements, and prepared over 70 Baseline Inventory Reports for Conservation Easements in Colorado and New Mexico . Mr. Boyle has been the Principal Investigator for funded research on pronghorn , feral horses, bats , and songbirds, and has wide-ranging field experience investigating the biology of spotted owls , kit fox, mule deer, elk, bighorn sheep, wild turkey, and desert tortoises . He has conducted western Colorado bird surveys , validated theoretical models linking vertebrate species distributions to habitat characteristics for the Colorado Gap Analysis Project, and co-authored the Colorado Breeding Bird Atlas. Mr. Boyle was formerly District Wildlife Manager for the Colorado Division of Wildlife, Research Technician for the U.S. Fish and Wildlife Service, Research Associate of the Department of Fishery and Wildlife Biology, Colorado State University, and has held research appointments with the U.S . Bureau of Land Management in Oregon and Birds Australia in Western Australia. BIO-L ogic Environ m en ta l Dec em ber 2 8, 2004 16 ( APPENDIX A : FIGURES B IO-Log ic E n v ironmentaj D ecemb er 28, 200 4 ( Source : BLM 1 :100 ,000 Mineral Management Status Map! Carbondale ( 1994) and Glenwood Springs (1999) ~~~~~(~=~~... . .. c::J ~a.fy=~~~.~~-. B '""'"""'' '°'°" . .. .. . .. -.. .. -. . D f.JDt~IG~d~ •....•..•. ··, . EJ NdK:!Oal Parks end Monumerts •. lndmi UJ.nds er Roserv.111.ens .• , • . . . . . • • .. Milltuy Ro1oorval1Qm ond W~1. B :;;ocfR::~t . . . . . : : .. : : . : : ~: 6} ~~~~.~~·-~ .... R Torn~noo VaUoy AUhor ity • • . . . . . . B Pd:orted Ur un . . . . . . . . . . . . . . CJ Sbtel.onch. ...................... DJ ~)i h ~r <iN EULS OtNJ;I> 3Y 7 Hi:': J;'F.OE:LU . GO\'Kf?~~JRN T ' ·········-- 'i ___ :_J ~fo =ivmt~'~ inci :::.:i~e s ;,) F ~d~io ; mber a :~ . . . . . . . . . . . . . --- Figure 1 Regional Map Produced by: BIO-Logic Environmental 635 East Ma in St., Ste . 100 Montrose, CO 81410 Phone : (970 )240-4374 Fax: (970) 252-1969 Map Source: U .S.G .S . 1 :24,000 Topographic Quadrangle Carbondale (1982 Photorevised) c::::J Lake Springs PUD Boundary Figure 2 Topographic Map Produced by: BIO-Logic Environmental 635 East Main St., Ste. 100 Montrose, CO 81410 Phone : (970 )240-4374 Fax : (970) 252-1969 ( Map Source: USGS 1 :24,000 Digital Orthorectified Quater Quadrangle (DOQQ) Carbondale NE ( Aerial Photography Source Date 9/3/1993) c::::J Lake Springs PUD Boundary Figure 3 Aerial Photograph Produced by: BIO-Logic Environmental 635 East Main St., Ste . 100 Montrose, CO 81410 Phone: (970 )240-4374 Fax: (970) 252-1969 011 I I -·-\ _,--····--.. / 0 11 Geology source: Geologic Map of the Carbondale Quadrangle , Garfield County, Colorado (Kirkham and Widmann 1997). I ; Basemap source : USGS 1 :24 ,000 Topograhic Quadrangle Carbondale (1961 , Photoinspected 1997). Please refer to Appendix C for Geologic Symbol Legend \ \ 0 11 / ..... ~ \)) \ \ ro '< \ \ ) \ \ / J ___ / c::J Lake Springs PUD Boundary )<' Gravel Pit ;:::::==i Qto , Qdfy !i Ql2 * Sink Hole c_____) Qtt I __ Qac QTm --Fault 'J QTg ~ Qcs L -1 QTcd Geologic Unit Symbol '_ j Qlsr '. _ Qdfm1 I Tta LJ af Qc ,-1 Qdfm2 -Tb I J Qa -l Qt , Qaco Ts C Qsw -I Qls ~ Qdfo L_ PPm I Qty [_--:---I Qco i . , Olo Pe Qtm . Qlso = 011 Pee Figure 4 Geologic Map Produced by: BIO-Logic Environmental 635 East Main St., Ste . 100 Montrose , CO 81410 Phone: (970) 240-4374 Fax : (970) 252-1969 ( 1 :250,000 Oii.£.ii·::51mlli2c:::::3••4Miles 1 inch equals 3 .9 miles 0 Data Sources: Wilson et al. 2000, Carrol and Bauer 2002 , Keller et al. 2002, COGCC 2004, and BLM 2004) LS /~ > f'unston I ~ /"<..,_ f --,,.--.-~-J ~ / • • • ~ 9fenwood Springs .. • 'GARFIELD :4~ardiff x x ~· Ca_tt_le Creek 0 \ \r; Kigg in ~~a~-.}( ! I X ~-~ 0 Catherine \ ! Carbondale ---£-iillllford._ 0 .r •• • •• .. '--0 ! x • ! PITKIN / / b,y . Legend c:J Lake Springs PUD Boundary CJ County Boundary l2L"J Federal Mineral Estate Leased for Oil or Gas Uinta Coal Region --High way .r City, Tow n, or Townsite 0 Oil or Gas Well Permit to Drill 0 Non-producing Oil or Gas Well * Producing Oil or Gas Well • Historic Coa l Mine Other Industrial Mines • aggregate pit x borrow pit x gravel pit GY gypsum LS limesto ne • olivine pumice sand x sa nd and gravel pit x sand and gravel? pit • volcanic EAGLE 0 Pa£<Ville (historical ~wmass Figure 5 Mine Features Produced by : BIO-Logic Environmental 635 East Main St., Ste. 100 Montrose, CO 81410 Phone : (970) 240-4374 Fax: (970) 252-1969 A ssessme n t of Mineral Resource Potential: Lake S prings PUD APPENDIX C: GEOLOGIC UNIT SYMBOL LEGEND Source : Kirkham and Widmann (1997) Human-Ma<;:le Deposit~ af =artificial fill (latest Holocene) Alluvial Deposits Qa =Stream-channel, flood -plain, and low-terrace deposits (Holocene & late Pleistocene) Qsw = Sheetwash deposits (Holocene and late Pleistocene) Qty= Younger terrace alluvium (late Pleistocene) Qtrn =Intermediate terrace alluvium (late Pleistocene) Qto =Older terrace alluvium (middle Pleistocene) Qtt =Oldest terrace alluvium (middle and early? Pleistocene) QTg =High-level gravel (early Pleistocene and/or late Tertiary) Colluvial Deposits Qlsr =Recent landslide deposits (latest Holocene) Qc = Colluvium (Holocene and late Pleistocene) Qt= Talus (Holocene and late Pleistocene) Qls =Landslide deposits (Holocene and Pleistocene) Qco =Older colluvium (Pleistocene) Qlso =Older landslide deposits (Pleistocene) Alluvial and Colluvial Deposits Qdfy =Younger debris-flow deposits (Holocene) Qac =Alluvium and collwvium, undivided (Holocene and latest Pleistocene) Qcs = Colluvium and sheetwash deposits , undivided (Holocene and late Pleistocene) Qdfm1, Qdfm2 = Intermediate debris-flow deposits (Holocene? and late Ple istocene) Qaco =Older alluvium and colluvium, undivided (Pleistpcen-e) Qdfo =Older debris-flow deposits (Holocene? and Pleistocene) Eolian Deposits Qlo = Loess (late and middle? Pleistocene) Lacustrine Deposits Ql2 , Ql1 <= Lacustrine deposits (Holocene and Pleistocene) Alluvial , Colluvial, Lacustrine?, and Deltaic? Deposits QTm =Sediments of Missouri Heights (early Pleistocene and/or late Tertiary) Collapse Deposits QTcd =Collapse debris (Pleistocene and late Tertiary) Bedrock TTa = Trachyandesite (Pliocene) Tb= Basalt (Miocene) Ts= Sedimentary deposits (Miocene?) PPm =Maroon Formation (Lower Permian? and Upper Pennsylvanian) PPe =Eagle Valley Formation (Middle Pennsylvanian) Pee= Eagle Valley Evaporite (Middle Pennsylvanian) BIO-Logic E nvironmental Decemb er 2 8, 2004 Asse ssment of Mineral Res ou r ce Potentia l : Lake Spr ings PUD APPENDIX D: GEOLOGIC TIME CHART GEOLOGIC TIME CHART Terms and boundary ages used in this report BOUNDARY AGE EON ERA PERIOD EPOCH IN MILLION YEARS Holocene Quaternary 0 .010 Ple istocene 1.7 Neogene Pl iocene 5 Cenozo ic Sub per iod M iocene 24 Tertiar y Oligocen e Paleoge ne 38 Eocene Subperiod 55 Paleocene 66 Late Cretaceous Early -96 Late 138 Mesozoic Jurassic M iddle Early Late 205 Triassic Middle Early Phanerozoic "' 240 Permian Late Early 290 Late Pennsylvanian Middle Carboniferous Early Paleozoic Periods "' 330 late M iss issippian Early 360 late Devonian Middle Early 410 Late Silurian Middle Eerly 435 Late Ordovician Middle Early 500 Late Cambrian Middle Early 570' N late Proterozoic 900 Proterozoic Middle Proterozoic 1600 Ea r ly Proterozo ic 2500 La t e Archean Arch ean M iddle Archean 3000 3400 Early Archean ---------- - ---3800?-_._ ---- - pre -Archean 3 4550- 'Roc k s older than 570m .y . al so called Prec.ambrian. a time te r m without specific rank . ' In fo rmal time term w it h out speci fic rank . Modified from U .S . Geological Survey Bulleti n 1715 , 1989. BIO -Logic E n vironm ental December 28, 200 4 As sessment qf M i nera l Resource Potential: Lake Sp r ings P UD APPENDIX B: TITLE COMMITMENTS 1. Land Title Guarantee Company, October 11, 2004. 2. Old Republic National Title Insurance Company, May 25, 2001. BIO-Logi c Environm ental Decem b er 2 8, 2004 • • -••• --· •-I I ~ I -"l•IY _/ Land Title 'iiJ.UAHTr.r r.c>M~ANY' Date: 10-11 -2CJ04 Property Addre81i: lt'l\Jll V'"-IL. 4.L .LU.JI ;.VJ L.VV ... Land Title Guarantee Company CUSTOMER DJ.~T.RIBUTION rd~t: J. UI J.V Our Order Number: GW244884 H yuu have any inquiries or require further m;.o;i<itance, please comact one of the ommers below: For 'litle A'l.'!i11taoce: Glenwood Spring,'l ''GW" Unit 1317 GRAND A VE #200 GJ .RNWOOD SPRINGS, CO 81(;01 Phone: 970-945-2<»10 Fax: 970-945-4784 SCHENK ~T &DEWINTER 302 8111 !tlKElt:T GLENWOOD SPRINGS, CO 81601 Ann: JOHN SCHENK l'honc:: '71Hl45-2447 Fax: 970-9454767 Copies: I Sent Via US Polital Service Land lltle Property Address: Buyer/Borrower: TBD Seller/ (>wner: Land Title Guarantee Company Da.te: 10-11-2004 Our Order Number: GW244884 THE BERKELEY .FAMILY LThUTJW PAK'l.'NERSHJP, A COLORADO LIMD.'KD PARTNERSHIP Need a map or dirccti.oos for your upco~ closing?·Chcck out. Land lillc's web site al www.ltgc.com ror diredions to any of onr 54 office locations. F.STJMA'm OF TITf,E FEF..S TBD Commibneot $184.00 If Land ritl• t;uaranc .. C'olllpany will be clo•ing tbis Cr•n•action, .m.... f••• td.ll be c:oll-=-t •t chat: ci ..... TOTAL $184.00 l'omi COtf"lACT Di/Of TIJANK YOU FOR YOUR ORDER! Old Rcpuljic National nuc losU111JU Compaoy ALTA COMMITMENT ( Our Oeder No. GW244884 Schedule A Cu'IL Ref.: Property Addra!S: 1. Effective Date: Septemher03, 2004 at 5:00 P.M. 2. Policy to be l'lsoed, and Proposed lni.'Ul"Cd: 'TBD" CommUmcnt Proposed Insured: TBD 3. The estate or intereHt in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Tit.le to t.bc csl.al.c or interest covered hcrcln is at the cfl'cciivc date hereof vested in: TIIE BERKFIEY FAMB.,Y LilWTED PAR'INERSHIP, A COLORADO LlMITED PARI'NERSHIP 5. The land referred lo in lhis Commitment is dcscribcd as follows: ~'EE A ITAC...'HED PAGE(~') FOR LEGAL DESCRIPTION Our Order No. GW244884 A PAR<.."'EL OF LAND SmJA'IED JN um; 5 AND 6 SEC..'TION 32, AND L<YI'S 7, 8. 9, AND 10 SF£TION 33, TOWNSHIP 6 SOUTH, RANGE 88 WF.sT OF THE SJXTH PRINCIPAlJ MERIDIAN, COUNTY OF GARft1EW, SfATE OF COLORADO, SAID PARCEL BEING MO.RE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT 1HE SOUTHWEST CORNER. 0}' SAID LOT 6, A BLM BRASS CAP JN PLACE, THE POINT OF BEGINNING; TIIENCE N 01 DEGREES 43' 36'' E ALONG THE ~"TERLY BOUNDARY OF SAID LOT 6 A DlliTANCE OF 1,260.42 FERT; THENCE J..F..A VJNG SAID WF.srnRJ..V BOUNDARY S 89 DEGKE&S OS' Sl" E A DISTANCE oi· t,129.94 ll'El'..'T; TifENCE ALONG THE ARC OF A <-""URVE TO 11IE RIGHT HAVING A RADIUS OF 1,320.00 FEEi' AND A CENTRAL ANGJ.E OF 11 DEGREFS 14' 36" A DISI'ANCE OF 259.03 FEET (CHORD BFARS S 83 DEGREES 28' 33" E 258.61 '); THENCE S 01 DEGHID!':S 58' 08" W, A Du;,'TANCE OF 1,281.45 FEET TO 1BE SOUTHEAST CORNER OF SAID UYf 9; THENL'E N 87 DEGREES 10 ' 45" w, AU)NG THESOU'mERLV BOUNDARY OF LOT9 AND rm6ADJSTANrnOF1,382.36 Ffill.··r TO THE POJNT OF BEGINNING. COUNTY OF GARFIELD STAIB OF COLORADO . -:1-"" -· -- ALTA COMMITMENT Schedule B-1 (Requirements) Our Order N(1. GW244884 The following are lhc rcquircmenls lo be complied wilh: Paymcnl lo or for the accouot of I.he gnmjon or mortgagoni of lhc full coo;idcmlion for I.he cwfalc or intcrcsl lo be insured Proper iu;trumcot(s) crcat.iog the cslatc or iiUcrcsl w be imurcd musf. be executed and duly filed for rcconl, lo-wit: 1lilS COMMnMENT JS .FOR INii'ORMATJON ONLY, AND NO POUCY WJLLBE .ISSUED PURSUANT BEREro. '·' "'"' Lau ... I I "-111;; \.,.''"'-' "tull V\..\. ..L.1. .LU• -'1 , V;J LUU., rayc u u• ..1..v ALTA COMMITMKNT Schedule 8·2 (Exceptie>Dll) Our Order No. GW244H84 The policy or policies to be issued will contain exccptious lo lbc following uolcss the same arc disposed of to the Natisfaction nf U.e Company: 1 . .~- I ..,_ 5. J'>i"·1qi:11Kil'\. crn1ll i rh in l>o1111d;u ) line~. s hortagt' in ;u ·<:;1. t•ncm:1dnrn.·11l'. a11J ;u1.l fac ls "·!Jid1 ;i c on\·;·1 ·''"' l'.' a rnl i11 ,1x 't·li1111 tJf' lilt' pn.·111i'n 110111<.I di,r lo.,<· :111d Hhidt an· 11nl sltm111 hy tl1t public rvc ord,,, .\11 .' li<:n. or righl ill a lil·n. r11r .-.eniro:-;. lal>or m· lll:lll0 rial lhen:lnl'on: or h•:n·;-ll'll'r l'un1ish<:d. imp1~•:d Ii ) "'" :111d 1101 :-.1101111 Irr lht public n :co n:b. Dt:l'<:rt.'.. lil ·ns. elK'IUnhrmKl''· ad\'l't';l' d :iinl'i or o the1· malll'rs , ii' an~. l't\:alt'd. lil~I appe:uir~ in lh t puhlic n:rords o r :tll ;Khit ~.2 ,IJ!t--<:qlll'lll l<t !JI{" l'f'f'l'di 1·l' daft' itl'rt'llf' Jiol pd <W l<t tJl!' d!lll' lh<: JH11f)il~l'<J illS llr('(j arquir\'.'• o f 11.'('(>f 'd f111· 'ali1v lh<: l ':-lal\' or i111cn:~t \1r mor1 .g a~\' lhtn:on \·1nen·d In !hi,, CornmiCmrnt. 1>. HIC:l IT 1)1-' l'ROl'Rll'TOH 01' .\ \ f•Y·..J UI< U)l)J:: f'O E\.TK\Cl :\~I> Ri':;\JO\'J·: 1 IJ.':i 01{1 •: JO . Tl lEHLFHOl\I SHOl I Li) n-u ~ S.\\I E RE FOL ND TO PE~ITR,\TE OH JNTEHSE<T THE PHF :\ 11...;u; .\S Hl •::---1 · H\ 10:1> I!\' 1. NITl!l ST.\ l 'L'-i !'.\TEN T 1~1 -:C OIWl.I> .flll.Y J O. lK'i:'. Ii\' BOl>t..: I 2 .\T l'\<;t·: y;,; \f\i ll Rl ~(_'()Hl)l •J > .\U C U ST !>. l81J5 IN IH .><)1.; 12 .l.T1'\(;1·: J7S .\'.\fl l\J·:(.'(>IWU > \f.\ \ 28. 1'17-1 JN HOOh -IS '> .\T l'.\(;t: :5:!.:5. HICHT or\\'.\\ FOi{ DiTC HE'i OH C ,\N .\U·i ('(l:"'.'\TR UCTEJ) BY THE .\1..ITHORITY OF TH E I i f\·ITt .IJ .'i I"\ IT:.'> .\S IU.:SLI<\ El> !'I l !Nffi-:IJ ST .\Tl~i.; I' \Tl .. NT lffC OIWLJ> .fl U .1<1 , IS9". I'\/ fl()Oh. I:!. .\'I' f'.\(;I ~ .n() .\\ii> ~{fi ('OJWED .\l c;L,ST 6. Pi'>:5 11'\ BO()!\. J:! ,\T jJ ,.\(j L 37X .. \'I [} m :crnmED SEl'TE!\lHER 23. l'>I! IN BOO!.;. 71 ,\T l'.\(;E :5611 .\i'D llECOIU)LI) ,'\1.\Y 2K. 1117 -1 IN j-)(){)1\.-15 9 .'\'I' P .\C Ji 52." \NI> lff('Oi(l)l •J) 1:1.:trnt.'.\ln 26, 1952 IN l l()l )h 2 6 .1 .\T f'.-\<;i,. 2.°'l ). I K9 \I .I . l _'!l. \ L .\ i\ IJ 0 ii WI{ f\ llN E H.\ l .S. I'< X ;1 :TllU{ \VITI I Tl IL Kl (;I ff Tt > Pl<OSPH.'T l't Ht \I I i\.' J·, \,'m HL\{()\ 1: THE S:\:\IL l'Li HSL\i\T T<) THE l'J{()\'J."IONS .\\"D Ll\lJT.\TIO'-:s OF THE .\( T t W l>L < I J\llWI< .29 , l 9 1ti 1 .~<J SJ'.\T. ~<1 .2~ .\S W'.St:lfflJ> B\ Tiii : l l '\•JTl-J) S I T IT~"\ ()I ' I 2. .\\ILH.I C ,\ I ."\ T!ll l'.\IE \I Kl .U)H.J )f':I) n •:mu \J{) 26. _1'>~2 I i\ 1)1XH'-26.'\ .\TI' \Cl ·: 2 >•>. R< >:\I) l'l<. lrl'H >N 1-u :co1-mEJ> .II i'\L 12. J'l2'J JI\' JI( )01 ...: .2: . .\I ' I',\( ;1 < 11 .-\,<; HEU·YTION i\JO, 111-1 5 '1:!.. '···v i I C1 '_11:'. ! ')I ..- .\Lr .\ (_'O :'ll:'lllTi\ll<NT rE _-..\:•:ption ~) Th.-p1Jlin 1Jr pofi\·i1·, lt1 he j-;,tl(·d "-ill t'<11 1fai11 l''-n·pfi"11.~ f•J flit' f'ull1>"i11g uni\"" UH-:·»11111' llf't' d i'P"'l'<I ,i1 · lo tht· ,;i1j_,f:il'lio1i 111' thl' Colllp:in': 1.' IHl\U \'IE\\l.'!C HEPOHT RECOIU)ED ,JLNL 11 , 192 4> l'l fH)OJ\ 2 .\T J';\CE 86 ,\.'-; Id <( 'Ll'TIO'i ;"\'I J. 10--15()_>._ J--l _ Tll{\I\_ t'O'i l >fflO!\S \i\D l'IW\ ISIONS rn: 1rnSOU i T1();'\ \iO. n-r>--l RLCOIWEI> .II ;-..1 : 19. 1'17') If\ f'.l)()h, :;_;o _\T P.\C E •u . _ J :'. T l.I<\ I.'-,. ('()'\;I> iTIOf\ .':i -\:\I> l'IW \ ISi! )"J S UF KJ(;J ff I))-' \\ \I Ji .\\l i _\-J LNT R U ._'Of<l> 1-:1> :\I \ \ 01 . 11.1•11 l.'\' BllO!-.: 81)_'1 :\T l'.\CE +-15. JI•. TIH\IS. CO'ID!T!Or\,-.; .\ND I'JW\ISH lNS OF ,\(;REEi\IEi\T RECORDED SEJYff1\JBEH 1-1-. 19'12 1:--J BOol.: S--0 .\T l'\(;J : :'12 . 17_ T1 -:1n1s. ( 'i)'i l>I TIO!\S .\N J) l'HO\·ISiONS OF CONTR\CT Rl-.COIU)EI> 1\1.-\ y fl7 , 19~)7 fi'i g()()K JO l 7 '\ T 1 '-\ ! ; I : 'i--1:;. 1~;. '11-.f{\I\. (_'()~l>ITl()f\..S .\NIJ 1'1{0\ ISIPN.'-; OF ,.\(;l{J,:J ·,i\Wf\T Hf•:UJIW l -Jl -\l;(;l,'-i T J O. 2001 I.\ P,00!' 1282 _\ T I'.\ CL 8. l'J_ TUt\ IS . Cl >'lPITlOJ\~ .\ND l'RO\ ISIONS OF RESOLUTION "JO . 02-lH'J HlTOH.DEIJ OE<'L1'dJ-H-J{ -2J. 2002 I'\ HOOi.; 1--lf') _\TI' \(;1,: S<i.'- I ~~=crn--~~~u___,....._ __ _...,,,__....___,-..-.........-,.......,_,__..........,.....,.,,..,.,._J Old Republic National Title ~ Company I Pr4perty: Addmsx ' ' 1. Flfedlve Date: I ALTA COMMITMENT Schedule A May 2S, 2001 at S:OO P.M . 2 . Policy to be lssuedt. anc1 Proposed wared: I nTBD " Commitment. I Proposed Insured: Tat> Oul' Order No . GWZ3S820 Cost. Ref.: 3. The estate :or Interest in the land described or referred to In tbls c.ommitmmt ud covered .bereia is: A Fee snripie 4. Title ~ the estaae « inteRst. ~end he.n:ia is at the effective date lunof vat:ed In; IBB BERkm.EY FAMILY IJMITED PARTNERSHIP. A COLORADO LIMITED PARTNERSHIP S. The bmd ~a.Ted 1o U. this Commitment Is described• follows: SEE ATI ~CHED PAOE(S} FOR LEGAL DESCRIP'J;10N OJJr Onler No. OW235820 LEGAL DESCRIPTION PARCEL A.: TOWNSHIP 6 SOUTH, RANGE 88 WF.$T OF TlJE 6TH P.M. ' i SECTION 32: LOTS 5 AND 6 SECI'ION 33: LOTS 7 THROUGH 17 INCLUSIVE, LOTS 20 THROUGH 23, INCLUSIVE, AND NE1/4SB1/4 SECTION 34; SWl/48Wl/4 ! I TOWNSHIP 7 SOUTIL. RANGE 88 WEST OP THE 6TH P.M. SECTJOJll 4; LOTS 2. 3 AN.D 9 ' EXCEPTlNGTHEREFR.OM THAT PARCEL OF LAND DESCRffiED ()N DBHDS RECORDED AS RECEPTION NO . 419600 lN BOOK 795 AT PAGE 72 AND RECORDED AS RECEPTION NO. 423827 IN BOOK 804 AT PAOE 899 OF THE GARFJELD COUNTY RECORDS. AND EXCEPTING THEREFROM nm ABOVE, mosE PORTIONS CONVEYED TO THE BOARD OF . COUMTY COMMISSIONERS OF G.ARPIELD COUNTY FOR ROAD PURPOSES BY DOCUMENTS RECORDED JUNE 3, i9"29 IN BOOK 159 AT PAGE 85 AS RECEPTION NO. 104496 AND IN BOOK 159 AT PAGE 87 AS RECBPTION NO. ~04498 . AND EXCEPTING THERBFR-OM A PARCEL OF LA.ND SITUATED IN THE SW1J4SW1/4 SECTJON 34, TOWNSHIP 6 soum, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLO~; SAID PARCEL BBING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMM~CING AT TIIB SOUTIIWESf CORNER OP SECTION 34, A 2 112" GARFIELD COUNTY BRASS CAP FOuND IN PLACE; THENCE N 88 DEGREES 10' 28" E ALONG nm SOtJTHBRLY LINE OF SAID SECTION 34 A DJSTANCE OF 984.z.i FEET, TO TIIE POINT OF BEGINNING;THENCE LEA VJNq SAID SOUfHERLY UNE N 02 DEGREES 50' 09• WA DISTANCE OF 1220.49 FEET TO A POINT ON mE NORTHERLY LINE OP THE SW1/4SWl/4 OF SAID SECTION 34; THENCE N 89 DEGREES 02' 17~ E ALONG SAlll NOIUHERLY L1NB A DISIANCB OF 358.19 PEET TO A POINT ON THE EASTERLY LINB OF SAID 8Wll4SW1/4 SECTIN 34; THENCE S 02 DEGREES so· 09" E ALONG SAID EASTERLY UNE A DISTANCE OF 1215.09 ftIBT TO A POINT ON THE SOUTHERLY LINE OF SAID SECl'ION 34; THENCE S 88 DEGREES 10' 28• W ALONG SAID SOUTHERLY LINE A DISTANCE OF 358.06 FEET, TO THE POINT OF BEGINNING. PARCELB: A PARCEL OF LA.NP SITUATED IN nm NEl/4 OF SECTION 4, TOWNSHIP 7 SOUTH. RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOU.OWS; COMMENCING AT THE NOR'JHEAST CORNER OF SAID SECTiON 4, A BLM ALUMfNUM CAP JN PLACE , THE TRUE POINT OF BEGINNING; LEGAL DESCmPTIOlll TIJENCE S 16 DEGREES 39' 55· W 217 .3$ FEET; THENCE S 21DEG.REES00' .32" W 277.20 PEET; ' THENCE s 48 DEGREES 11' or w 452. ~ FEET; THENCE N 89 DEGREES 49' 27" W 293.5J FBET; Our Order No. GW235820 THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 PEET AND A CENTRAL ANGLE OP S4 DEGREES 03' s1·, A DISfANCE.OF 188.72 FEET;(CHORDBEARS N 62 DEGREES 47' 31" W 181.80 FEET) THENCE N 35 DEGREES 45' 36" W 8.96 FEET; TH£NCE ALONG THE. ARC OF A NON-TANGENT CURVE TO THE RJOHT HA VINO A RADIUS OF 330.00 FBBT AND A CENTRAL ANGLE OF 17 DEGREES 32' 14'. A DIST ANCB OF 101 .0l FEET (CHORD BEARS S S7 DEGREES 47' 34 • W 100.61 FEET); TilENCE s 10 noorums 51' 01 • B 108.00 FmIT; THENCE N 89 DBGREBS 49' 27'" W 293.31 FEET TO A POINT ON THE SOUTIIERLY BOUNDARY Of THAT PROPmtTY DESCRJBED JN RECEP'flON NO. 462134 OF THE GARFIELD COUNTY CLERK AND RECORDER.'$ OFFICE: THENCE N 00 DEGREES 11' 22" E ALONG SAID SOUlllERLY BOUNDARY 337.83 FEBT; THENCE CONTINUING ALONG SAID SOUTHElU.. Y BOUNDARY N 89 DEGREES Sl' 49" E 217 .99 FEET; THENCE CONTJNUJNG ALONG SAID SOUfHERL Y BOUNDARY N 00 DEO~EES 16' 49" W 489 .81 FEET: THENCE CONTINUING ALONG SAID SOUTHERIXBOUNDARY S 89 DEGREES 49' 20" E 1127.<iO FEET TO THE TRUB POINT OF BEGINNING. PARCELC: A PARCPL OF LAND SffUATED IN THB NW1/48Wl/4 SECTION 34, TOWNSHIP 6 SOUTH, RANOE 88 WEST OF THE SIXTH PIUNCIPAL MERIDIAN, COUNTY OF GARFIELD. STATE OF COLORADO: SAID PARCEL BBING MORE PARTICULARLY DBSCRmED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SECTION l4, AN ALUMINUM CAP L.S . NO. 5993 FOUND IN PL.ACE, THE POINT OF BEGINNING; THENCE N 89 DEGREES Sl. su· w A_WNGTHE NORTHERLY UNEOFTHENW1/4SW1/4 socnON34 A DistANCE OF 201.90 FEET: THENCE LEAVING 1HE NORTHERLY LINES 03 DEORBF.S 53' :u" E A DISTANCE OF I21l.02 FEET, TO A POINT ON THE SOUTHERLY UNE OF SAID NW1/4SW1/4; THENCE ALONG SAID SOUnmRLY L1NB S 89 DEGRBBS 13' 39" WA DISTANCE OP 199.56 FBfil't TO SJ/16 OF S.ECTfON 34 AND 33, A 2 1/2" GARFIELD COUNTY SURVEYOR BR.ASS CAP FOUND lN PLACE~ TBBNCE N Cl3 DEGREES 59' 40" W ALONG SAID WESTERLY IJNE OF SAID SECTION 34 A DISTANCE OF 123.S .37 FEET TO TIIE POINT OF BEGJNNING; ALSO A PARCEL OF · LAND Slrt.JATED IN THE NEl/4 SECTfON 4, TOWNSHIP 7 SOUTH, RA1~E 88 WEST OP THB SIXTH PRINCIPAL MERIDIAN, COUN1Y OF GARFIELD, STATE OF COLORADO, BEING MORE PARTfCULARLY DESCRIBED AS flOLLOWS: COMMENCING AT THE Nl/4 OF SECTION 4; THENCE S 44 DEGREES 45' 28• EA DISTANCE OF 1896.61 FEET, TO THE NORTHEAST SIXTEENTH CORNER OP SAID SECTION 4, ALSO BEING THE SOUlllEAST CORNER OF TIIAT PROPERTY DESCRIBED IN RECEPTION NO. 419600 IN THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE, THE POINT OF BEGINNING; THENCE N 00 DEGREES 19' 20• E ALONG THE WESTERLY LINE OF SAID RECEPTION NO . 419600 A DISfANCE OP 513 .74 FEET. TO THE NORTHWEST CORNER; TIIBNCE S 89 DEGREES 49' 27" E ALONG THE NORTHERLY LINE OF SAID RECEPTION NO. 419600 A DISTANCE. OF lEBAl DESCRIPTION 293.31 FEET, TO A POINT IN AN J!XISTINO FBNCE; THENCE LEAVING SAID NORTHERLY LI.NBS 10 DEGREES 46 ' 41" ALONG SAID EXISTING FENCE A, DISTANCE OF 540.03 FEET; THENCE CONTINUING ALONG SAID EXISTING FSNCE N 89 DEGREES 15' 38" WA DISTANCE OF l728 .18 FEEJ', TO A JJ<>l.NT ON TIIE .NORTH-SOUTH CENTERLINE OP. SAID SECTION 4; THEN'CE LEAVJNG SAID .EXISTING PENCE N 00 DEGREES 17' 2?" W ALONG SAID NOR.TH..SOUTH CENTERLINE A Dl8l'ANCE OF J ,14 FEET TO A POINT ON THE SOUTHERLY LINE OF THAT PROPERTY D~BD IN RECEPTION NO. 280798 IN THE GARFlELD COUNTY Cl.ERK AND RECORDER'S OFFICE: TIIENCE LEAVING SAID NORTH-SOUTH CENTERLINES 89 DEGREES 45' 06• E ALONG SAID SOUTlffiRL.Y UNE A DisTANCE OF 1330.86 FEET TO Tire POINT OF BEGINNING . COUNTY OF GARFIBLD ST ATE OF COLO.RADO ALTA COMMITMENT (Reqnban~n1$) The following m the n.quiremelds to l>e complied with: Our Order No . GW23~820 Payment tO or fur the account Df 1he grantors Of mortgagors of the full consideration for the estate or interest to be insu~. PropeJ instrumem(s) creating 1he estate or iuterest to be insured must be executed and duly filed for reconl, to-wit: THJS coMMlTMEl'l'f IS FOR.INFO.RMATION ONLY, AND NO POUCY Will. BE ISSUED PURSUANf HERETO . ... ALTA COMMITMENT Our Order No. GW235820 TIM policy or P,olicies to be issued will contain exceptions to the following ualess t1ie same an disposed 4>f to the Sattsf&ction of tbe Company: · J . Rigbls of ~ms of parlics in possr31rion not shown by the public ra:Qrds, ! 2. Easements, ot clalro8 of easemenu, 001 ahown by tbe public records . 3 . Discrep~es , conflicu in boundacy Jines, shortage in area r encroachments, and any facts which 11 correcc survey and inspeelion of the premises would disclose and which are not shown by lhe public records. 4 . Any lien, be rlghc to a lim, for .servi~. ~or material theretofore or hereafter furnished, impo5Cd by law end not ~wn l by the public records . · ! 5. DdectS, ~ ~. adverse claims or other matters, If any. creawl, first appearing in the public recor4B or au.adring Subsequent to the effective date hereof but .prior 10 the dare lhe proposed insured acquires of fCCO('d for value the elruiw or intertst.or mOI1gage thereon COYered by this C<munitmeat . 6. Tu.es and~ not yet ®e or payable and special assessments no1 yet cectified to tbe Treasurer's office. 1. Any~ f~ or assessments .aeaf!m 1aid lasd. I 8. Liem for~ water and sewer charges, ·if any. I I 9. DEED OF TRUST DATED OCTOBER 28. 1997 FROM THE BERKELEY FAMILY LIMITED PARTNBRSHIP, A COLORADO UMITIID l>AR.TNBRSHJP TO THE PUBUC.TRUSTBB OF oARf'lELI) COUNTY FOR THE USE OP BANK OP COWRADO ~ WESTERN SWPE TO SECURE THE SUM OF $76,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS TitEREOF; RECORDED NOVEMBEa 12, 1997, IN BOOKJ()42 AT l'AGE.144. AFFECTS PARCEL B IO , DEJ.ID Of 'fRUST DATED JANUARY 02, 2001 FROM THE BERKELEY FAMJLY UMltJID PARTNERSHIP, A COLORADO LIMf['ED PARTNERSHIP TO THB PUBLIC TRUSTEE OF GARFIELI) COUNTY FOR THE USE OF BANK OF COLOJtAI)O TO SECURE THE SUM OF $402,033.19, AND ANY OTHER AMOUNTS PAYABLE UNDER T1m TERMS tHEREOF, RECORDED JANUARY 03, 2001, IN BOOK 1225 AT PAGE 242. AFFECTS PARCEL A 11 . THE EFFEqT OF INCLUSIONS. IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, FIRE PROTECTION, SOlL CONSBR.V ATION OR OTHER. l>JS1'.RICT OR INCLUSION JN ANY WATER SERVICE OR STREBT IMPROVEMENT AR.BA . ALTA COMMITMENT Our Order No. GW235820 The policy or policies to be i!L<llled will tootain uceptious to the followitlg uldfss 1he flQOle are disposed of to the Attstacdon or tbe Conlpaay: 12. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EX'l'.RACT AND .tffiMOVE HIS ORE THERBFioM SHOULD THE SAME BE FOUND TO PENETRATE OR lNTERSECT THE PREMISES AS RESERVED IN UNITED SI'ATES PATENT RECORDED JULY 30, 189S, IN BOOK 12 AT PAGE 376 AND RECORDED AUGUST 6, 1895 lN BOOK 12 AT PA.GE 378 AND RECORDFD MAY 28, 1974 IN BOOK 459 AT PAOE 525. 13. R.IGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF Tim UNfl'BD STATF.S AS RESERVED IN UNITED STATES PATENT RECORDED-JULY 30, 1895, IN BOOK 12 AT PAGE 376 AND RECORDED AUGUST 6, 1895 IN BOOK 12 At PAOE 378, AND jR.ECORDED SEPTEMBER. 23, 1912 IN BOOK 71 AT PAGE 560 AND RECORDED MAY 28, 1974 IN BOOK459 AT PAGE 525 AND 'RECOltDED FEBRUARY 26, 1952 IN BOOK 263 AT PAGE~ ;z.. "'f,'\ 14. ALL COAL AND 01'1tER. MINERALS, TOGETHER WJTII THE RIGHT TO PROSPECT FOR, MINE I AND REMOVE THE SAMB PURSUANT TO THE PROVISIONS AND LIMJTATIONS OF THE ACT OF DECEMBER 29, 1916 (39 STAT. 862) AS .RESERVED BY n1E UNITED ST ATES OF AMERICA lN THE .PATEN RECORDED FEBRUARY 26. 1952 IN BOOK 263 AT PAGE 239. 15. IU)AD PHllTION RECORDED JUNE 12, 1929 lN BOOK 2 AT PAGE 11 AS :RECEYl'ION NO. 104.$92. 16. ROAD VIEWING REPORT RECORDED JUNE 12, 192!> IN BOOK 2 AT PAGE 86 AS RECEPTION NO . 104593. 17. TERMS, C0NDmONS AND PROVISIONS OF RESOLUTION NO~ '79-64-RF.CORDED JUNH 19, 1979 IN BOOK 530 AT PAGE 93. 18. TERMS, CONDITIONS AND PROVISIONS. OF RIGHT OF WAY EASEMENT RECORDED MAY 02, 1991 INBOOK803 ATPAGE445. 19 . TERMS, CONDITIONS AND PROVISIONS OP CONTRACT RECORDED SEPTEMBER 26, 1991 IN BOOK 814 AT PAGE 245. 20. TERMS, CONDJTIONS AND PROVISIONS OF AGREEMENT RECORDED SEPTEMBER 14 1 1992 IN BOOK 841 AT PAGE 512 . ALTA COMMITMENT Our Order No . GW23S820 The policy or policies to be issued will contain eiceptio.118 to the following uall!98 the same are dJ5posed or-to the sntisfaetion or the Company: 21. TERMS •. CONDlTIONS AND PROVISIONS OF UTJLITY .EASEMENT RECORDED NOVEMBER 12, 1997 IN BOOK 1042 AT PAGE 134 . 22 . TERMS, CONDITIONS AND PROVISIONS OF OPTION AGREEMENT RECORDED MAY 09, 1994 JN BOOK 90l AT PAGE 701 . 23 . TERMS, CONDITIONS AND PROVISIO~ OF RIGHT OF WAY AND EASEMENT RECORDED MAY 30, £995 IN BOOK 942 AT PAGE l7l. 24 . TERMS , CONDITIONS. AND PROVISIONS OF RESOWTION 95-30 RECORDED APRIL l l, 1995 IN BOOK 937 AT PAGE 123. :ZS . TERMS, CONDITIONS AN'I> PROVlSIONS OF CONTRACT RECORDED MAY ff1, 1997 lN BOOK 1017 AT PAG.E 945 . 26 . EASEMENTS AND RIGHTS OF WAY FOR ROADS, STREETS, HJGHWAY, DITCHES, CANALS , PIPELINES AND UTILITY IJNES AS CONSTRUCTED AND IN PLACE. NOTE ; lll'ON RECEIPT Of A SURVEY , MEETING THE. ALTA MINJMUM STANDARDS FOR CONTENT AND ACCURACY, nm EXCEPTION SHOWN ABOVE WIIL BB DELETED. PROVIDED HOWEVER, THAT LAND TITLE GUARANTEE COMPANY RESERVES THB RIGHT TO ADD ANY EXCEPTIONS 1T DBEMS NBCESSARY FOR MA 11'1iRS DISCLOSED BY SAlD SURVEY , ~· ( Lake Springs Ranch Subdivision Preliminary Plan & PUD Amendment June 2015 Exhibit 14b | Rare Earth Science MA Report Update PO Box 4523 * Grand Junction, Colorado 81502-4523 * 970.241.1762 * jim@rareearthscience.com www.rareearthscience.com Rare Earth Science August 24, 2009 Michael Berkeley 4001 County Road 114 Glenwood Springs, Colorado 81601 Re: Rivendell Farm Mineral Assessment Report – 2009 Update Conservation Easement Property (Garfield County, Colorado) Dear Mike: Rare Earth Science, LLC (Rare Earth) has completed a review of potential mineral resources and the possibility of future mining activity at your property located southeast of Glenwood Springs. The property is known as Rivendell Farm, which includes approximately 169 acres of land that have been phased into conservation easements (CEs) between 2004 and 2009. Rare Earth reviewed An Assessment of Mineral Resource Potential report (dated December 28, 2004) prepared by BIO-Logic Environmental for the larger Rivendell Farm (see attached Figure 1), which, at the time, was known as the 438-acre Lake Springs Planned Unit Development. This property encompasses portions of Sections 32, 33 and 34, Township 6 South, Range 88 West (6th Principal Meridian) and Section 4, Township 7 South, Range 88 West (6th Principal Meridian). The 2004-2009 CEs are located in portions of the East ½ of Section 32 and West ½ of Section 33 (see Figure 2). Based upon maps & surveys provided by the Aspen Valley Land Trust and High Country Engineering, Inc., along with Bureau of Land Management (BLM) historical land status records, it appears that the Federal mineral estate was not accurately mapped in the 2004 mineral resource report. Figure 2 depicts the currently-understood boundary for Federal ownership of “all minerals,” which affects a portion of the 2006-2008 CEs. Otherwise, mineral rights at the remainder of the property appear to be privately held. Rare Earth reviewed geologic maps & aerial photographs for the property; State and Federal databases for mining & drilling information (obtained from the Colorado Oil & Gas Conservation Commission [COGCC] and the Colorado Division of Reclamation, Mining and Safety [DRMS]) for the site and surrounding area; and an updated BLM Mineral Management Status Map (Carbondale, 2008). No oil & gas fields are known to underlie the area and no recent, or planned, drilling activity or active oil & gas leases were identified in the COGCC or BLM databases for the property or adjoining lands. Additionally, no on-site or nearby State-permitted mining activities were identified. No mines, prospects, mineralized areas or patented (or unpatented) mining claims Mineral Assessment Report Update – Rivendell Farm Conservation Easement Property August 24, 2009 Page 2 of 2 were identified at the property or adjoining lands, and no veins or lodes are known to intersect the property. This letter serves as a current update to BIO-Logic Environmental’s 2004 mineral resource report, concluding that no significant changes have occurred at the property which would alter the original findings that the probability of surface mining occurring at the Rivendell Farm property is so remote as to be negligible. Please contact me at 970/241-1762 if you require further information. Sincerely, Rare Earth Science, LLC James C. Armstrong Principal Geologist Attachments • Figure 1 (Overview Map) • Figure 2 (Conservation Easement Parcels & Federal Minerals Map) cc: B. Collins (AVLT) D. Reeder (Rare Earth) DATE: August 2009 CHECKE D: J. Armstrong DRAWN: D. Reeder RIVENDELL FARM MINERAL ASSESSMENT REPORT Garfield County, Colorado FIGURE 1 OVERVIEW MAP PO Box 1245 Paonia, Colorado 81428 (970) 527-8445 www.rareearthscience.com USGS 7.5-Minute Topographic Map Garfield County, Colorado Mosaic Approximate Scale 1:14,000 All Locations ApproximateK Rivendell Farm 2004 2005 2008 2009 2006 2007 DATE: August 2009 CHECKED: J. Ar mstrong DRAWN: D. Reeder RIVENDELL FARM MINERAL ASSESSMENT REPORTGarfield County, Colorado FIGURE2 CONSERVATION EASEMENT PARCELS & FEDERAL MINERALS PO Box 1245 Paonia, Colorado 81428 (970) 527-8445www.rareearthscience.com USGS 7.5-Minute Topographic Map Garfield County, Colorado Mosaic Approximate Scale 1:14,000All Locations ApproximateK Rivendell Farm Conservation easement parcels Federal mineral ownership Federal mineral ownership from BLM's General Land Office, Land Status Records, and Master Title Plat Supplement for Secs. 28, 32, 33, T6S, R88W Lake Springs Ranch Subdivision Preliminary Plan & PUD Amendment June 2015 Exhibit 14c | 2015 Mineral Rights Update Date: 6/10/2015 Tim Malloy, Principal TG Malloy Consulting, LLC 402 Park Drive Glenwood Springs, CO 81601 Sent Via Email to: tgmalloy@sopris.net Eric D. Mccafferty Compass Mountain Land Use, LLC Post Office Box 86 Glenwood Springs, CO 81602 970.618.0837 RE: Berkeley Mineral Rights Update I Spring Valley Area /Garfield County, CO Hello Tim -Pursuant to our conversation, I have completed the two tasks you requested. 1) I updated the title work provided by Land Title Guarantee, bearing an effective date of 9117/2010. I found no recorded conveyances from the record owner for any mineral rights. Nor did I find any recorded leases of mineral rights. 2] I have attached the patent for the subject land, identified by you as Parcel A. As you know, the patent reserves all "coal and other minerals" to the United States. I researched the Garfield County Assessor and Clerk and Recorder records for any leases that either entity would track in Sections 33 and 34, Township 6 South, Range 88 West. I found nothing of record. Based on my research, and unless the current owners have any intentions of surface mining, I would concur that, at this time, surface mining occurring on the Lake Springs Ranch property is so remote as to be negligible. If you require anything additional, let me know and I will continue my research. Denver 035641 Hecorded at ?..?5 J'). h. Feh. 26, 1952 Hcception ii l?f!6J5 .;hDs • .,_ KecgDn 4.-1007. WP ull to ui11111n 11!1.'Dl' prnll'l1ta £1~ull romr, <6rrr1ing: WHEREAS, :a Certificate of the Register or the bnd Dmce 11 Denv~r, Colorado, Book 263 Po.ge 2J9 Hccorcier ~•s bctn dcpn.ilcJ In lhe Geneul l>nd Office, whereby it appe>rs thol, pursuant to the Act of Congress or May 20, 1862, "To Secure Homesteads lo Actual Senlcrs on the Public Domain," and the acts supplemental thereto, !be daim of Claruncu .Johnston bu been established and duly consummated, In conformity to law, for th~ Lots one, Si X 1 ele Ven, twelve, thirLeen, and fourteen, the northeast quarter of t:1e southeast quarter, a~d the no!·tl1east ouester of Sect ion thirty-three and the n:>rthv1est quarter of t:ie nvrlhwest ouarter; the southwest quarter, and the south half of the nortnm~st quarter of 3ection thirty-four in 'l'o\mship six south of Range eir;hty-eight west of the Sixth Principal Meridian, Colorado, containing six hun•ired forty-three acres an:! sixty-eii:,:ht hundredths of an acre, according to the Official Plat or the Survey or tho said land, on Iii~ in the GENERAL LAND OFFICE: 110\V 1(110\'/ YE, Thal there Is, therefore, granted by the UNITED STATES unto the said clalmant the tract of Land above described; TO HA 'IE f\110 TO HOLD lhe said tract or Land, with the appurtenances thereof, unlo the uld claimant and to the heirs and :assigns or the said clahnanl forever; 6ubJect to any vcsled and accrued \~~ter rii;htl for mining, agricultural, manufacturing, or other purposes, and rights lo ditches and reservoirs used in conncclion with !UC~ water rirhll, as may ho recognircd and aclmowle!IJed by the local customs, laws, and dtcisions or court~; and th~re is rcs~rvcd frcm lh~ lands hereby i:rantcd, a right or way thereon for dilches or canals constructed by the authority or the United States. Excepting and reserving, however, to the United States :all t'ie co~I and other mlnerals In the lands so entered and patented, loj;ether with thn right to prospect for, mine, and remove the same pursuant lo the provision: and limitations or the Ad of December 29, 1916 (39 Stat., 862). IN TESTIMONY WHEREOF, I, Herbert Hoover, '·- ' 1 President of lb~ United Stales or America, have caused these letters to be made . , l.:' . ·· .... ~ ... . . . ,.:, . iQ'l'>o.-•r RECORDED: Patent Humber ---~·~.-'-t!!.~~ h' Patent, and the seal or tho General und Dfflce to b6 helftunlo. amx~d. GIYEll under my hand, al the City of Washington, the day or H t; 1: i! ;, '\ ',' In the year er our Lord one thousand nine hundred and fli1iffY.o;:~-. and of the Independence or lhe f'Jt ., ~·1.:1" United Slates the one hundre, nd 1 • • I ~·J" r; 87 tho President:··:··· • ~a.£.£~~------- 87 ·-··--·· .(J+.JQM-1_-·····-··· SK'"••· c~~----~~-:2-~~L-·--Rmrder of I/lo Oeneral llznd OJ/1'8. ....__..,.......... __,,,.