Appendix 0 INSTITUTIONAL CONTROLS



# M9800113
500920-31.0 OFFPOST INSTITUTIONAL CONTROLS

TlusAppendix to the RockyMountain Arsenal (RMA) Final Offpost Operable Unit (OU) Record of
Decision (ROD) presents theinstitutional controls forthe Offpost OU selected remedy. The combination
ofAlternative N-4 and NW-2 isidentified as the selected remedyintheROD and the Final Offpost Endangerment Assessment/Feasibility Study (EA/FS) for theRMA Offpost OU andis described fully in
the Section 9.0 oftheROD and in the EA/FS. TheROD identifies the following objectivefor institutional
controls as a component ofremedial action in the Offpost OU: prevention oftheuse oftheground water underlying areas oftheOffpost OU exceedinggroundwater containment systemremediation goals .

The State ofColorado and the local Swernmental agenciesthat have regulatory authority over certain
activities in the Offpost OU land area have several current regulations that significantly limit or prevent

use ofthe groundwater from the alluvial aquifer. Attachment 1 (Controls ofAlluvial [Unconfined] Aquifer Use, RMA Offpost Operable UrUt) drid Atldchment 2 (Land and Water Use, Management, and Approval Processes -Adams County.City ofBrighton. Commerce City)provide the current regulations applicable to groundwater use. well coristruzlion. build.-nS permits, and zoningrequirements. Attachment I parlicularly describes tbe, institutional controls relied upon to meetthe objectives for institutional
controls woablishei in the selev,-d remed%-

Th.is appendLx identifies the authont%-f-)r u%ý r,f ins'itutional controls under the Comprehensive
Environm-2ntal Response. Componsxi, rnin I [.;.it,ih1%Act of 1980, as amended (CERCLA), 42 U.S.C.
E9601 Is,-q ind the National Con%nc-n -. P1 in (V__P1. 40 CFR Part 300.

'21905 402010 Harding Lawson Associates B-1-1
1007121495 R022.0 THE USE OFINSTITUTIONAL CONTROLS UNDER CERCLA

Section 121 ofCERCLArequires that EPAselect remedial actions that assureprotection ofhuman health
and theenviroriment. 42 U.S.C. §9621. EPAhas recognizedthatthis protectioncanbe achieved throughavarietyofmethods, including institutionalcontrols (Preambletothe NCP, 55Fed. Reg. 8666,
8703 [March 8, 1990];40 C.F.R. §300.430[al [1] [iiij [C]). Institutional controlsmay be anintegral component ofaremedy that isnecessary for suchremedy toachieve CERCLA's protectiveness mandate. (See for example, Preambletothe NCP, 55 Fed.Reg. at 8703, 8706, 8711, and 8734). Additionallv,
institutional controlsmaybe acomponent ofacompleted remedy toprotecthumanhealth and the
environment fromtreatment residuals and untreated wastes. (40C.F.R. §360.430[a] [11 [IIIJ [C)-[DI).
Institutionalcontrols are anecessary supplement when somewasteis leftin place, as itis in most
response actions (PreambletotheNCP, 55 Fed.Reg. at 8706).

EPA identifies examples ofinstitutional controls in theNCP Preamble, and expressly acknowledges that
institutional controls havea valid rolein CERCL-\ cleanups: Examples ofinstitutional controls. which generally limit human activities at ornear facilities wherehazardous substances. pollutants. or contaminants exist orwillremain on-site, include land and resource (e.g.water) use and deed restrictions. well-drilling prohibitions,building permits. and well use advisories and deed notices. EPA believes, however,that institutional controls have avalid role in remediation and are allowed under CERCLA (e.g., 55Fed. Reg. at 8706. section 121jdjj2j[B]!kkj).
Within runety days ofthe issuance ofthe Offpost ROD. theArmy will issue anImplementation Plan
which %vill containa schedule for finalization ofthe Institutional Controls provided forintheROD. That plan %vill provide that all Institutional Controls w-.11 be in place not later than September 1, 1996. All
dates contained in that Plan will beenforceable as provided inCERCLA Section 310 and the FFA.

'21905 402010 Harding Lawson Associates B-2.1 1107121895 R023.0 SITE DESCRIPTION

A detailed description ofthe Offpost StudyArea ispresented in Section 1.0 oftheROD and inthe
EA/FS. The Offpost StudyArea was definedtoinclude thearea bounded by 80thAvenue, the South
PlatteRiver, Second Creek, and the northand northwest boundaries ofRMA. TheOffpost StudyArea
also includes thesurface waters ofBarrLake, theO'Brian Canal, and BurlingtonDitchfrom 80thAvenue

toBarrLake.

TheOffpost OU isa portionoftheOffpost StudyArea northofRMA. The Offpost OU consists ofthe

area within the Offpost Study Areathat requires remediation; specifically, the groundwatercontainment

svstem remediation goals exceedingcleanup standards.

'21905 402010 Harding Lawson Associates B-3-1
1107113095 R02Aftachment 1 CONTROLS OFALLUVIAL (UNCONFINED) AQUIFER USE RUA OFFIXOST OPERABLE UNITAttachment I

U.S. Department oftheArmy Telephone No: (303) 289-0202
1. The Army will provide the Office ofthe State Engineer, State ofColorado, with a map identifying those areas in the Offpost Study Area where groundwater could potentially exceed containment system remediationgoals. Thi;map will be updated based on each sampling round.
2. The Army will establish procedures to ensure that the well notification program is operating effectively. The Armywill inspect, or oversee inspection, ofali well construction activity to moaitor conformance with the State Board ofExaminers well drilling regulations.
3. The Army wffl fund analytical sampling ofany future domestic well constructed in the area of contamination, ifrequested.
4. The Army will provide CommerceCity, the City ofBrighton, and Adams County officials with the same map (as described in item No. 1) provided to the Office ofthe State Engineer. The Army will make arrangements with these governmental agencies to ensure that the map is used in the most effective manner possibleto reduce exposure to potentially contaminated groundwater. 5. For new domestic wells with DIMP levels ofeight ppb or greater (orother relevant CBSG at the time), the U.S. Army and Shell Oil Company will pay for hook-up to the SACWSD distribution SN'stem or provided deep well or other permanent solution.
6 Additional elements ofexposure control and requirements for alternate water supply are presented in Section 7.1 of the mam text.
SheU Oil Company Telephone No.: (303) 860-8621

1 Tc) -liminatp potential exposure to contaminated groundwater under the Shell Oil Company pu,ji-nies. Sh-41 Oil Couipany wil: -x-ý7ui--.ind r--cord proper documentation (e.g., covenant/ no-cative easement) tor its prnperiws to lij preclude drdling of all groundwater wells into any dliuviai aquifer water undor Shell*s prol--riv for tuture use until such groundwater no longer contains contamination in excPP.idnc- of grnundwater containment system remediation goals established in the ROD. ani Iii I dr.%us- of any deeper aquifer water (e.g., Denver Basin) containing contamination in in ý*- I c(lun,iwater containment system remediation goals in the ROD. The recorded docuw-ni%%hill I...

--:iI,.rceable bv the U.S. EPA, the U.S. Armv, and the Staip of Colorado, and shill i-," it .;- n ci i r,,;:. with the land.

2. D--ýd restrictions on the Sh-!',I vi-ill t,- ti. place no later than forty-five days after the issuance of the ROD.

'21905 402010 Harding Lawson Associates AI-1 1107121495 R02Attachment I
Colorado DepartmentofNatural Resources
Office ofthe State Engineer - Contact: SteveLautenschlader

1. Alluvial groundwater in the Operable Unit is part ofthe South Platte RiverFlow System (which is over appropriated). Thereforenew large appropriations (uses)will not be approved without appropriate augmentation plans (replacing the water to be used with water from another aquifer

or another offsite source). Augmentation plans are often quite expensive and hard to get approved dueto the associated requirements.
2. On parcels less than 35 acres created prior toJune, 1972 - One permit for a well.is allowed under

a presumption ofno injury to other holders ofwater rights [CRS 37-92-602(3)(b)(U)(Afl. This well is allowed for used inside ofone dwelling only and maybe from any aquifer.
3. On parcels less than 35 acres not created prior to June, 1972 - This land would only come into existencebybeing subdividedZd would thereforehave to gothrough the County or City subdivisionprocess and meet applicable regulations (CRS 30-28-101 - a.ka.SB 35). Prior to issuance ofany permit a waterrights and/or an augmentation plan would have to be submitted and approved by "watercourt." (CRS 37-90-137(1) et seq. and/or CRS 37-92-302(2), et seq.).

4. On parcels greaterthan 35 acres - Permits maybe issued serveup to 3 homes, irrigation ofup to

one acre ofhome gardea and lawn (person use)and watering ofdomestic animals and/or livestock. This use is also ailowed under a presumption ofno injury to other holders ofwater rights [CRS 37-92-602(3)(b)(U)(A)].
5. Permits will be issued for replacement (into the same aquifer) ofcurrently permitted or adjudicated wells as requested. (CRS 37-90-137(l). US 37-92-602(3).)
6. All wells installation must bedone in compliance with State ofColorado, Office ofthe State Engineer. State Board ofExaminers ofWater Well Construction and Pump Installation Contractors. Revised and Amended Rules &Regulations ofthe Board or Examiners ofWater Well Construction and Pump Installation Contractors (2 CCR402-2) (most current version).
7. The Office ofthe State Engineer will include a distinctive notice on each well permit application correspondence. each well permit. and each drilling permit. The area included in this requirement IS dny part ofthe Offpost Study Area where groundwater could potentially exceed groundwater containment system remedidtion Soals. This notice would require the applicant to contact the Tri-County Health Department and the EPA for information regarding groundwater quality drid the options provided by the Armv vi avoid use ofpotentially contaminated groundwater.
8. Th- Office ofthe State Engin----r %vill:(,nIa Ith- Tri-County Health Department, EPA, and the Army regarding any application cr fwrmit issu-,i with the notice.

South Adams County Water &Sanitation District (SACWSD)
Water &VVistewater - Contact: Larry Ford

I. Rules &Regulations - South Adams County Water &Sanitation District - NewServiceArea - February 1992. Application for Service. as well as, Petition for Inclusion within the Boundaries

Al-2 Harding Lawson Associates '21905 402010 1107121495 R02Attachment I

ofthe District bothrequire that the Property/Parcel owner conveyall rights to groundwater for each Parcel or Subdivision Parcel tothe District upon inclusion 14.0 (4.1.3) &5.0 (5.1.3)]. The District may at its solediscretion abandon right conveyedto it and physically abandon the wells in accordance with the above referenced state Water Well Regulations [5.0 (5.1.4)].

2. Rules &Regulations - South Adams County Water &Sanitation District -E)dstingServiceArea- January 1992 (Updated February 24, 1993). Applicationfor Service, as well as, Petition for Inclusion withinthe Boundaries ofthe Districtboth require that the Property/Parcel owner conveyall rights to groundwater for each Parcel or Subdivision Parcel to the District upon inclusion 14.1 (4.1.3) &5.0 (5.1.3)]. The District may at its sole discretionabandon rights conveyedto it and Physically abandon the wells in accordance with the abovereferenced State ofColorado Water Well Regulations [5.1 (5.1.4)].

3. It is the policy ofSACWSD notto serve wastewater without providing water service and vice
versa.

Adams County Water Quahty Association Management Agency (see attached By-Laws) (Wastewater (DRCOG) Clean Water Plan Amendment, 1991)
Momber Agencies: City ofCommerceCity. Adams County, CityofBrighton, South Adams County Water &Sdrutation District. Contact: Board President Harry Tate (Commerce City Councilman) Thvý reviews and may approve or rvl-ýct all maior additions or changes to sewer lines, lift stations an:! F-.1dnI improvements. Essentially any new lin- is considered a majorline. This Agency is intended I---% --

nl hti-- overlap and enCOUrdge Lritergovernmerildl cooperation.
Tri-County Health Department C )-itj:i1v T, ni ti,i-%,r %%'arTenBrown R--' culalion NO I-W Infi%i iii-ol S--%%-ave Disposal Systems promulgated by th--Bomd f 11-alit, ,I Ih- Tri-Countv Health Department FJi.- 1)it.. F-týriarv 1. 1988 l'ursuant toTitle 25. Articl- 10. it; t. 104 ('.RS"& Guidelines Adopted by the Colorado li.;. wti, t., I If-dlth

Tio. li-dith Officer may refuse to S:Tdll! t .-V.- - tistruction of an individual sewage disposal S% st-L wnoro a SP%Vdpe treatment wnrLs i% %;Iit AWan 400 f+-et ofthe nearest property line and t:cjnn-cI;on can be made thereto. S-ct.on III:J 141 i.k.h 30-1-1006(i)(a) (Special Districts), 31-35-601 (munizipaloies). 30-20-416 (counti.-O
Cjtv of Commerce City Contact: Sl--.-- llausý. Conimuruty Planning Director Lands currently -withinthe Citv ,I CommerceCity -South of 120th Avenue whil,- li.ghway 2 and then further north to the east.

'21905 402010 Harding Lawson Associates Al-3 1107121495 F02Attachment I

"CommerceCity Code - Article V. Subdivisions". Section 17-105 - Water Facilities (a)General requirements. This section essentially defers water service issues to SACWSD foreither connectiontothe public water supply systemimmediatelyor in some cases allows use ofindividual wells orcommunity water systemsuntil lines reachthe subdivisionwhen connectionisthenrequired. (see SACWSD above) Building Code (UBC &UPC 1991) - Requires proofofwater and sewertaps (orwell permit &approved septic system application)prior toissuance ofbuildingpermit.
City ofBrighton Contact(s): ChiefBuilding Official,City Planner

- Areas north of120thAvenue including the triangular area between Peoria and State Highway 51, north of 112th/Highway 2 "Land Use and DevelopmentRegulations and Guidelines" (Zoning Regulations) "SubdivisionRegulations" Section V, (B.) The subdivider isrequired toprovide and connect the followingutilities (Water lines and fire hydrants, Sanitary sewerlines, ...)to existing public systems. Building Code (UBC &UPC 1991) -Requires proofofwaterand sewertaps (or well permit and approved septic system application priorto issuance ofbuildingpermit. Water &Sewerservice are providedby BrightonUtilities Department within the City. Connection to the murucipal water system maybe recommendedfor developmentswithin twomiles ofthe current City. However,staffrecommendations may notbe included as part ofthe final approval by the City Council.

Adams County Contact(s): Planning Dept., DirectorofPlanning and Development,Building Dept. Remainder ofLands in theOffpost OU not in Brighton orCommerce City Se(-attached *DevelopmentReview Overviewý' Adams County Zorung Regulations Adams County Subdivision Regulations Builling Code (UBC &UPC 1991) - Requires proofofwater and sewertaps (orwell permit and approved sýp!r: system application) priorto issuance ofbuildingpermit. Staft r-commends connection topublic water and sewer if with a reasonable distance, however,these r-c,,rumendaiions ma%not be retained by either the Planning Commission orBoard ofCounty Commissioners.

Al-4 Harding Lawson Associates '21905 402010 1107121495 R02Attachment 2 LAND AND WATER USE, MANAGEMENT, AND APPROVAL PROCESSES ADAMS COUNTY, CITY OF BRIGHTON, COMMERCE CITY

## Ads= CountY Lmd=dWaterUqcýManagement andApprovidProe"M
IstheyropermR=gft=iedfnrbRim=deduse?
ya Ahneaw No*
(U30byRi&) SeekapprovalforC=Wif=d SeekR=m3ing Tbis,n==do-&mad use use Thisrequir asoffmview; a isappropriatebasedanthe Ibisreq=vsastaffreview.a PL=cmgComnnsPon hewmg currem=mmgofdwproperw PL==gConzmmm h=m andanRvmvgbyft Board zodanmnovalbyIlmBoard ofCounlyCn=ý MrS

ofCOUMyr "Mic6m.-M

ProceedtotheBlArN DeparunemifApproveid Coaddiansmaybepla=darremoved aspatofzbeapproval of&euseatthePI CoamnssimorBaudofCouinyCam:miwiwers levels.

Comm=namschcrtedfmmodwAgamews;(localandsme)

Buildin Deparcmm= Budcfmgpermitprocess(UBC 1991, UPC1991) A ,za= wzz= mdmcd3odofsewagedoposalwerequired pEiartoLnum=ofaBmldmgftmait

Waxer Sewer PublicWa=Supply PublicSewer Cuatudy u%-;,bleca=e Curremlywivilableans:ýz Yes Yes Mgbmmor SACWSD Bdgh=orSACWSD No NO CziocadDDaPmrmu= ofNzwralRcsourom Sepdcsystem(TCMD) Off= Ctft SM: Fn Weil pCM= wia be&=mdif;ssucd CQMIm=MrtyWeilsystem PfivwxWe7d

## CityofBrighten LandandWaterUm ManagementandApproval Proce&vs isthegm=jzMalyzonedfortheintendeduse? yes Au"e No& (UsebyRi&) Seekapprovalfor SeekRezoning Thism=wtheintendeduse ConditionalUse Thisrequiresastaffreview, isapprapdinbased onthe Tbisequiz astaffreview, aPl*-rin C . .on cumutzmingofthe aPlzrzoingCornmi3sion hearingandanapprovalby property hearin andanapprovalby thecityCouncil theCirvC uncil
ProceedtotheBuDdiagDepartmentifApproved ConiftootmaybeplacedorremovedonthepropertyuseatthePlanningCommissionor cityCouncillevel&

C aresolicitedftmotherAgeti-as (localandstate) BdkrmgDepartment Buildingpermitproce=(UBC 1991, UPC1991) Awuwsourceandnxdwdofwwagedisposalarerequired priortoim,- ofaBuildingPermit Water Sm" PublicWaterSW* PublicSewcr Curreadyavailableansite Currentlyavailable msite Yes Yes 

### Bfigh=Uu-Bf= Br*l=nUrflities No No Brighton UtII;t;M BrigbionUtiW= Frtmdmainsafter&pprvv&l Ruendxmin afterapprovalbythe Ads=CounryWaterQualityAssociation No CzkuzdoDepartmentof'NimraI No Resources, Septic.System(TCHD) OfficeoftheStateFzgýnacrWcUperwat willbefiaggedifkstwd ConmwnityWelSyst=orPriv=WcI

## Commerce(3ty LandAndWaterUse, Lru,6andApproWProcenes Is the 2M2= 2Tq=fy 

## zacedfmthekaeudedwe Y" ALr me* (UwbyRi&) Seek ýVoval for SGIkP,=D=g 

## Thismeamtheintendeduse ise ThurequawaStiffreview, isqMropnge

### basedOU ft 

### This=Wýsastaffrwhew, 

### aPlanningCmnzwlion Carrew

### ZoningOfthe aP 

### C;onnnhabon beedn andanapprovalby Property hcuiwzýgýwq*wvalby theCityC=noil the Council
Prooeedtothe icrDepartmesnifApproved rV,.fiti maybeplacedorrcmoyedolthepropanyunatthePlx=ingr-wranissino or cityCouncillevelL amsolicitedfromothmASeo=es(localands=) Bundiagn I BUUdi33g permit

### proýiw(6BC 1991,upc1991) Awatersow-ceandmoth)dofsmagedisposalartrcqx&-ad

x priortoU*Muad'=ofa.Buffifin Perzah Watcr er PublicWalcrSupply PublicSewer Currenityavzilableonsite CwrenflyavailaWonske Yes Yes SACWSD SACWSD No No SACWSD SACWSD ExtendmainsafterapprovalbySACWSD Extendma=afterapprovalbythe AdamsCountyWalaQuabtykwmmon No ColomdoDepar==of'N&"=' No R.esources, ScpdcSysum.(rC:HD) Offi=oftheStaleEngineerWellpermit wMbeflagnedifisnLed ConmnunityWell Syst=orPrivateWeR untilSACWSD i3 &Vl&blCj 27-204 C=T

shaRR oxchdijisionshaIlbeap- w,,== bmd as domed neceswry by Mov draiaap will be su= =tcb to ensure a po=)Ie wazer ý_Mucuzly, to an adequate SUPPIY_ provided.wateccuuMse orregionalindffitv. (2) TheapplicantzbzIlagree,asacOudition Of aVprovalforauindividual well or central (7) TheciL7 X-Einy,WIMM itCoUsiders it toa =1;41ir ktb sah!ty, orweifare WaterSYSOM96that necess;uTforlimimm WE= TnRFM VV .-MaRy shall be zrovide& ic; ;V"4"A Couc rVation of of the hl ge:n==for ATrivm and smi- TheME-yrtSh&U waCer finr WSM MrVice atthe tune the Plat %ary facl-Ittim F J;; the subdivision,Of 

# rommfinalapproval.C4nemal=RYbe any pardon.oL-the proper-CY whicil lieB requiz toensureC=qffiance- within the B jjým of any screm or ca==.:FIx4plain =cas shallbee (Ord-No. 1MS, §3, 6-21-93)

prem ft==_=7 andalldestro:tion or Asung resubiztg fr= AV-Prinz or oLearth oroth nzazeriaLs- Sec. 17-10& SeWCM98 fMM3'6c& (Ore-No. 1026, §L-6-21-93) (a) GourdFRP*=z0z= (3.) TheSuph-=ut Shaningan samicary sewer SM r-IMwaterfad'HEM& fa,,,,it!ieS = a -mrm pres:=R)ed by the (a)G=crci rw-zdrm%czr"-- S=:tb Adms C=MtY

### Water and San:izatinn J)iStriCt CoustruCtinn S='42rds and (1) 7he=uiic=t shalleX=Md CL-a2m ' P' - AILPlans shall be demgned =hie wa= SUFPIY SYSU= ==-'- ofpro- M acwrd=m with the rules and regula- "=Mg =aes=Wateruse andfire Pro tions and st=dar& ofthe South Ada=s tion, a=ardixLg to approval by the CuntyWaterand qMM±aI3 uDistricta= avprg-,,_-=ze fire districz and the South theTri-countY EEM'++' Depar=FMt Plans Ad=as Cam=yWaterandSmdýrm Dis- shallbegpp, by-theseagen=wsPM=t0 approvalofthefinalpIstbythe=y ==C31- [2) Where a pubbr-w8le! 'Ma" is 'Ess:ffilp (2) The wpplicant ShAll elten-4 the sanitarY theMioc_rivui2*erZiIRIIiTTM11 aciecruxt"vra= sewer =&Ut Sysw= for the purpose of fam-Fitipq duJjUdi=g fire hydran= sub*= ... WWerage &M-lib to the sunchto the Sucificaticyn ofthe SouZJI AdZZCS visioý =bjed to the provisions of paracaunzyWet= andRazzirminan a= gzph(b)below. the appýZe f1redilý= (3) All vr=Cý T"Rin shall be a yn of (b) Co=zcci=to So=*Ad== C==YW011

. . (81, in ch .and shall be and s=izcýDisvict s=jea to approval of the Scuth Adz= (1) IfSouth Ada=Camcjz7Water 2nd512nilCao=_ýW mid DL==ana timDLc=imfnrni+i area=essfiAe anda týie amxrophate firedis==- S===Y sewerisclaced ina= P PI oresso' (b)Jndiriý ZDeU-s.c=M=1 =,zr"=,2ns- Me===mgup=the=pen7,theowner thereofshallberequired toconnecttothe M Atthe &=e== ofSouth Ad=,s CouutY -ewerforthepurposeofAiSPOsin Ofwasm W =d _q on Dis=.r-=AivLdu3I Iit shallbeunbwfulforSPYSUCn Own"' webs Dousedoracm=-?jW=M'SYSU= or occupant to innintain an individual am M such 2L =m= th= an a&- sewage disposai quate s=pMofpotablewaL,- vnUbeavailabletoeveiy lotin thesaodivLsic= Water (2) Where S=th Adazas Co=ty Water and
s== s=abes===,edtotheTTz-cmmxrY ;.mta,3=Dntrzctsr=e=arenotreasonHeait.;,De==ne=andther.ar wa='Can- nly =essible, butwM be=ne avMIZdle
117;;PLANNINGANDJJZV


### Dis=i==dshallbereadyforC=nw areas=ahle,tilmthe=0jimtnzay tilt within tiontothepublicsewer-"rm wD'= mea) ofthefonownig 2h==Uives: 

### =ain avagabl& a- Cezgral,sewerage syscmm-the=xinte- b. 'Forlow-deDdkYresident=' (R-1)arms rimmeecosttobeassessedagainsteach .I j*jr,"gadrzsposaj systensor centraJ propaty hmmatted-Vbgwe plans for ww,,zpsystms=rybeuse&sMZb.*!d

hefl*= provideforthesouthAda=s tommvvalaftheSouthAAmnS C=n7 

### Co=UYWater and nnTHstrict WniýrandSamitatiomDlstri&-

to 

### TnftantheMwerlines thelaterals YvbmmindividmalAismml areproand ofthedzvelop==zshall, be (4) posed, lotareassWM caniamto in cmg==Vmm withtheplans ofthe they vy"mustsofthe ZOEdM OrdiS33COM 

### Aismi andshall.bereac Rtimtestsandtesthoks=allbe tiozitothe sewer ofthe anýp" eftedbytheTxi-CountYHealth hs mxhmi=edto di=icL andtheresu= b- In&vi&2A1 dimassi syscm= =.vvided dqn=mntofcom=cnitydevel0P==L the =phc=t shall Theindividual6512,0801sYmm, inckading seý -6nmm, laterals and inizin &= -ofthe thespyP,cmrb-toaPointintheSub& thes=e oftheseptictanksand=L tilefieldsoroth=m==jaryumamme=deViSi=bommd=ywhffea.fkz- vim chmn be approved by Tri-CountY tz= with the Sciuth P- D==Ct BmitkiDepzrýý PriortOfinal-- qqý shanbe..mde sewerhzmshallbelaid oftheplatbytheCMYcu=-'- fr=thebuJiddingtothecry11 #

lineand (or& No. 1026, 11,s-21-93) arýftm shall.bezvafi&Weinthe ===toc:c=ec:tfr=thejnýal, sm 17-207. SidewaEks;andUWE& disoosal By to the South Adz= WRemared C==ryWaterand -S Disteict (1) Sidewalksandcrisabled ra:=rp access shall sy== whenitbe==es&vzilable, Thee beimýmriedwitbinthededicated numPzvesewer system shall be czp;, *until =.e=rje=.dwxyofanroa& asdescribed readyfiL-use andshall =zdw= toAll in riesi= standards ofthe city. u-1 plamsfori"stan2zirmsofSouthAdzms . ,bythecfty C=Mril asnotbeingre-
,Sz==u:i=Discn= Vri"Vea C=MTWater,Minn rmý 'forthepublichealth safety,andwel- ,.hm tbey yxist-and shall,be fareoftheinhabitantsofthecitYforccxc2ec:d= tothe sewer (2) ConcreMcUrbsmd yrTp 

### werequiredfor (3) Where Smxth Ad s Ca=nzY Water and u wheresidewalksamrecpximdby S=t=rm Di==fmcd-U14 arenotrtzs=- tbis,rdr4 orwhererequiredatthediscreably aft-male.andwill,noth- avail- ti=ofthecitycnncilforthepublichealth ablew=Lmareasonable== oftz=the saiety,andweUmeoftheinhýbitantSofthe aupu== =zy, at the dimi=v= ofSoUZ), city. Ada= C==cyWater andS===icm DL-,- Inresidential,sub&visizms, aTnedism == and withthe apprum ofTnZo=7 .3

_ ---1 orlandscapedarea atleastfive Health Dq==wmT- izistall,sewerage sys- 01 grzssm te=asfimaws: (5)feet wide shall sqmmte all sidewalks fr= -dia CLUbs,irml vraiv bythe a. Forzcedix= andhi0t-densiWrezideý =y =acil asmotbeingrequired forthe tud(R-2,R-3)2MA "rM--V!S36erTn21 areMM, 

### pu]mUchealt], safetY,=dwtUamOftheiuace==ajsewerage sy=mn shaUbein- linbitarmr,Ofthecity. smi-,ed- The=Djj=tshall i-sra" all (b)Pedcm-ic= cccem sewerlines iýý and tobe incod==ance withph=oftheSouth (1) Inord=tofa peaescrzanaccessfr= Ad= CcmrM-vW2=and -S1rni=rirr% the strefts toschools. park't-P1231ýds
Sap;LNo. 10 1171'T 

# .REG7U,L.ýTIONNO 1-88 rqDWMU.kL SEWAGE:DISPOSAL SYSTE-"vIS

PromuJL7ated bythi! Board ofHealth ofthe Tri-Counry Health Department

Effective Date February 1. 1988

Purs=tto Title

# 25. Artide 10, paraLrrapn jo4.Colorado Revised Statutes and Guidelines Adopted.by the Colorado Department ofHe21th

### de=.ns-..--ar.e =at hazard Cr nuisa-mce exiz=s Cn ProperCIV.- .13 Denials of P=- 

### ts shall be zade in Writi=q bY the Health officer stat4_9 reasons xer the dexLia.1 and re=.,_4_-eManr-s fcz reconsidexaltien of the aPP14=t; n- :.:.4 The Health cj':f -4r-P-r =aY refuse to q=nt. a Pe=i" #_ f=- tte c=nstruct-ion af an sevaqe disposal svs=e= Vnere a a trea=enthe sevaq works is available within 400 feet cg
ne.arrst p==ex_,ýy liýna and can be made theretc.

-. 15 Any app-1-4-cant wac 4s denied a corst_-mc-4cn me=4t, ar anv person who is adversely affected by tIN& denial cr -- ;ssuan-e cf

a pe=it, (30) daYi fC"'CW`:L'%9 su='denJal, Y request Lnd rece-,ve a Imeari=g before the Board c--a Heal't-'. 3.16 The State P--ocedisre Act (Ar---';=Ie 4 c'-'g 24, C.R.S.) shal'! qvver= any heari=qs held by the ;"je=m_-=enz Sewaae =14s-Wosal Syszams Ac--.- The ;Cm?2_'jr_e --f a and spec_4_-O_-;cat_,;ons of taz--s and 

## conditions t--eze_4-. stall ncz ass==pt_4cn ar =a--=e

a pres=3:-..-cn =a= tte :)eoa--=e-,%t cr -- ;ts emmIlove-as =av ýme liable f=r tte c! a=v system nor act-as a ti= ti:at the used .- ;- the syste= or any a_-_,Iznent 11-hareof Used -4:: its czera-_4= or that the sysz= ftr t.1-ie per_-.i= -wras 12sued _--.suras ==i=uous liance wi.=- provision cf 7-41-1,'e :!. ;6=_4=!e 10, C.R.S. !973, 'b_'Ifte

---,---as and recrmIat_';c=.s ad_-,.-ad ar any te---s and c=rdit_-;cns C!

a Pre-P-;4.. ZZ'=N =7d.The ap=2.4azr_-;cn sý%-!:. sx!c;n :Lr.±c-_- zion, daza, =,ans,NNW 61ý. AC.



# -- Adams county, Colorado

Development Review.Overview

A Citzen's Guideto 

# the PrOCeSS OfRevie Ap-Dlication for Land Development and 121--; 

# Use Permitang,forAdams CO1MtYSuTn 

## nary This document is designed to ara de a brief overview of the process for mnldn land use decisions in Atimm Couxxty and who partickpate-q in the procew. Its purpose is to give ci=:ens the backgmund they need to effectivelY participate in that decision-makin process and influence decisions that affect their The term -12nd developmenC Is intended to be general and includes rezonings. conditional uses. subdivisions 

## a ex=D.tions froni subdividing. variances. special uses and certificates of designation- E=ept for differences between which board or commission mnkes the ultimate decision. the szens that are rnken to Tnnke the particular decision are very simila . Aei=m Countv has land use jurisdiction over all public and private property located in the unincorporated portions ofthe County, 7he County does nothave land use jurisdiction over any proDerrv located in a Citv.

The Process, 

### The steps that are taken when an application for land development is made are the following: L A potential applicant calls or visits the Planning and Development Department and discusses thezr land development idea. The staffaýdvises what action would need to be rnken to achieve the end result that is desired. 2. A "ure-armfication meetng- is scheduled. For simple and straight- forward an lirnt'rynn. tL-e pre-applicatian meeting =y take place during the initiai contnet by a poteattal applicant- An example of such an applicati n could be a var=ce fi= the side yard setba& to'cmstruct a garag,r-, More CQ=pIJC2rM 

### a=hcazons. such as the pint" ofland for a new rwo-hundred acre subdii==L would require research bythe staffto be Imawiedge:ahl about a giv area orpraperty so tk=aTne2nmaft!d pre- application meeting could be c=riu=ed. Pre-application mettings bave tw purposes: a) to advise potentini aI)Piic3nr wi= theY need to subr=t in order for their applicat1cm to be piaLCed an the appropriate agf-nmn and b) to advise applicants what the staffreac:tion to an appW== is likeiv to be. what weknow about the issues that arelikeh-to affec: th= ipplicah n. 3. An appiicari n is subrmami. The staffreviews it for camDieteness and if' it is complete. it is plac---J on the next aNrailable agenda for the aD'Drorriate board or cormnission which meets the notice and referral tLie requiremetnts. 4. CODies of the a=licanon materials-are mailed out to a number of gavernýnrnral ag - ' encle-s ancl any ==r-n*s grour)s that have e=ressed a

## being =rm asks for cmnmen within a deadlim and Prowdes the- n2TnF--Of;, 

## e rrrr- ut=louzu per-smwho cananswer questu= aboutth 2pplimtf 5. Le =stt-ý&e m2iled out to property own=s near the sne of the ITJ)J3lJC2:dCM 9Etbý caseofBoard ofAdjustmentbezUngs abuttingPrM-=Tr ers are-rri2fled letters. Inthe case ofPlanning Coznzaission and Board of Countyt"Marrmussioner hearings. property owners withm atleast 500 feet are-nuaded letters. These distances -maybe exparlded at the dmcretion of the Coum:r.=i*_F_;",_ 6. The ;kevievs the and wMes a written report with consider2rWiEbeing F-riven i6' the criteria for review of the particular- application- . ;E&Ihe comrnFmrn received from citb= and naeortes. The report Is siditfo the appropriate Board or for their prior to 7. The PIzhIic:-he2rJng is held and a decisirm is made an the application. The Board cEA41ustment rnn afinal demsion on variances and speciaL uses. The-PEknrdng Commission rankes a remwmenri2tion to the Board of Commi-,Monjý.ý- who. in tur= mair a final dem--:;-;.on -. n r=ozzing confiffirm-2173SIs subdivisions and catificates offlesuerny,"!--m. Mmment for- minor HiMý the Board,ofCommissioners. the COEMMISS3012 and the Bbaiýd ofAdjustment conduct thm bearm in a very-simil in==. First the staffintraduces the case wx a briefsummary ofwhat 'Is bemg applied for and provides the staffre --- 12tion Next. the applicant rym a presentation of the application, and responds to the staffs lý%C[1132CZ=dationanaanvcmditinn beingrecom aded. After the applicant has made the preseiimnon. the public is invited to be he2rdThe Cbairman will ask for pubhc comment in favm ofthe a=licabon. In OPPOsLU= toIL-and anyquestiozi that thepublicb2sfortnkiýnation only. Often- questions.are isied by those who am spe2k-tng in favor or in opposition o=Just,for infa=ation- At the conclusion Ofthe public input portion ofth=heartn& the :e persons (umallythe 2ppha= but also staff =-a.board or member) wM answer the questions v7hich have been asked. At any tIm dnrtn the Ihe2rtna a board or an mPm er mav be remanized bv the chmrmnin in order to ask questions or get cLanfic=on of the iliformation being given. 112e aDPhcatkm is th= discussed bvthe board or connnin-Mon members and a. motion for action on the appli;zrion is mnri by one ofthe members. A majoritv vxme of the board'or commission is reautred for the motion to pass. with one ==Mtion (seeGlossary ofTerms. Appeals ofAdminic!rative Decmions).
ThePhmningCam=issicm PL'Mnlng Commi ioners are cirizen aD. pomted by the Board of County Comm' 

## sioners. -Mhevhave three basic duties:

3.

## 1. To adoptand mnend. as appropriate. the County C prehensive Plan "bis Plan Is.the officiai pahcy of the County for how the County should grow and develop (orrediveioip) m,the faturr-

-- The Plan provides guidance for -ed-zlem to be xnade on development a=ficatiffas and public CM=Ital prcjects. 7he Plan is not 9 it is a sta === of cy. ThePlanning Commissionfiincti-_ s as a legmLadive,bodywhen they perform this duLy. 2. To review .. " '- ns'for land use changes and land subdivisiori and recommend 2r-,"on an those applications to the Board of Commissioners. In rnnIctn thpi decision. the Planning Commission considers the cons-, tency between the application and the Comprehensive Plan the compatibility between the requested development and r-risting deveiapment in the area- and the ability ofthe proposed d opment to meet the requirements of the Zoning Regulations or SuSdivision Regilthati ns. as appropriate- The Planning Commission fimcbm as a cruasi-jud:icial.bodywhen theyperibrm this duty. 3. To recommend adoption of the County Zoning Regulations and Subdivision Regulations. The Planning Commission may recommend amendment to the Zordng Pieg"b4tions and S egulations but the Board ofI'mrmnissioners has 

## the final decision-m2king authority on regulatory arnentimen . The Planning Commission functions-as a legm,12trye bodywhen theTperformthis duty. TheBo=-d ofCkn=tyCa=missi=ers 7he Counry Commissioners are the elected representauves ofthe cittzen lbý perform many duties other thnn those rel;attng to Land deveiapment applications and only their duties concerning land development a=licazons are til-,q- S-ew-A here 7he County Camraissioners r=k the 

## hiial dryngirm anall change ofuse I.WPHentirms- subdivisionl_q and -- Y 

## nmiownrimenrn- They hold public he2nngs in a stimila n=Tmf-r to those of the Planning Cam=Jss:iozL Tbe Ctu= Commissioners consider all the irrput that the Planning Camymsman does 2Lua the Planning Commission LUZ 111111=d2tifm in rnnktn- 0 the:r dectmon an an arqgicatiotL M2e Board of County Commissioners f=c=ns as a qUaSi-judiclk body when they hea Change in use or subdtvtsl= applic3rians and as a legininttye, body vhM they hear proposed reguia=7 2rMrnejrnr=_n The Board ofAding=e= Board of Adjustment me=bers. Wce the Plarmin Commisrjoners. are c=zcns appointed by the Board of Countv Ca=nismoners. -MeBoard of Adtustment hears applim-mons far va:riances. special uses and appeals of aditýstratrve d i ions. UaWce the Planning Cnmrnj sion. however. the decmons of the Board of Adjusanent are final and not appealable to the Board of Couarv Co, onexs. The Board of Ad*justment functions as a Mia-ISi-judicial body.

4.

### PlamminV9 8=14M_ a e=tDemtment Stsff The s ers of the Planning and D ousnerrt D wit (staff) are employees=uf the County. Me DU-ec= oftbLe reports to the Cou:ntyLeA89dnistrator -i'vho. in turn. repor:ts to the Board of County isst I~ ý Staff administers the processes fOr'12nd developmentapphC2t'on-0tjjjov1des public infarmkiarL andmnbmsman "Intenri2tions to the _I-ropTia-reboard or commission on ti2e ;2THCz-viar. 2=iie2tions. 

# 00-sSarrOfIrerms Appeal of air-A&M Decisicm-The Zwung Regulations delegat authority twmebunty staff to zmairp aciministrative decisions. These St2ff M&M 

### nzay.=ý*be the Direý ofPL=njng and Development. the Chief Building OMW: or other County staff. An appeal =ay be made to the Board of el

-- ent bv an applic= an interpretation of the Zoning R - ams. deni-al of a building permit aue to a zonin standard. or some odm= ecision r..-hich is not agreed withL bv the appilcant_ The Board Of AMbStlnent rmews the decision ruari 21Ld =ay uphold ltýorreverse it 1xrPv*fble or in Dart- For a decision to be Levex ed. four oftheftve Board WAdjustm - decLsion- ent members must vote :for the-reversal -of the
Certfficat -. oMesignaticn-A tvpe ofuse approval tb2tis limited to waste T=T12PreMPT7t_operations such as 12neifill orwaste irk er3,tors. Certtficate of is a State of Colorado review proce that requires a rec d2tiOn Of approval by the Colorado Deoartment: ofHealth before the County--m2y grant a cernficam The &2:te'review involves tecbnical considerations . concerning whether a proposed operation PVM be IC Sr'stent wffh: the State's wane rrmnn en== regtflntims. The County Irnew involves-land use considerations such as compatibility with a erris"no us=-'effect an theCmixprehensive Plan objecthres for aa area and traffic impacts. Compatibillty-A condition tb= exists. or is believed to be possiblebetweeri two ar"IMOre uses whaebY the conduct ofone use does nottogure the abilitV to conduct another use It does not rnf,_,4n that the uses are the -s=e or evan,--stmila . It does Tmenn that if uses are compatible property owne:s may use their prcpeemes withmn being !asonably affected by the other use(s). Conditlonal Us-e-An additional use ofland within a given7,-nn district. not otherwise allowed as a use-bv-ngtit. ttm mav be I by the County and May be zestr cted bv con'diti-ons tc) estalilish dlity between the use aný adjact=t uses.' Coadr=nal uses may oniv 'be authorized by the BoRrd nf (ýnMmiq,.rnnnerc nftsw .- Vorw by the siaff anti tbo rn*nnincr Commis ion nir'ýa due process review.

## Due Proemm-A method ofmakin dedslon that is based on following previously adopted rules ofprocedure- In the context ofland develo fmt review. It rn"mn a process for making 

## those dedslans thatenstwes thatall parties have anopportunity to provide info=,avem =2n equal ham winch is intended to influence thýe outcome 

## ofthe decisl=-making process. Ex Parte legal pr=mVle thylt, =eans contact by a decisionIn -quasi-Judicial decisinn-m-gkin pro with a party or parties to an ap "cattnn outside the public h=rmer- A party to an cati-ri is the appliamt,_. affected citizems. or any other person who will po -tal be benefitted or-inJured b-,,-, the action taken on the application- Ex Fýarte contacts shcn-Ari be avoided so thatall Darties to an application mayhave an equal opportuLuity to provide information in the public hearing and imhuence the ultimate dedsioný Ve Process-A decision-mak-ing process that seeks information from all r-f"7-,en on a matter of coramunity-wide interest. Citizens are encouraged to Contact their elected or appointed representatives and provide their viewpoint on such matters on a formal or informal hasi guasi-judidal Promms.-A decision-making process that bases a decision on PrmOusIY-eSt2bliShed criteria for ronkin the decision. Citizen i=ut is encouraged that po des rn =arion concerning how an application-does. or does ncrtý meet those., cnteria. The input *is restricted to a public hearmg where the irtout is made and decisions are reached. SPecial Use-Any use of land. not prohibited within the zone district. autharized by the Board of Adjustment aft a due process review. for a Denod not to exceed frve vears. Subdivision. Regulations-The document approved by the Board of Comm,ssioners that prtnades for the standards by which land is divided into 

### smaller parcels or co=med into larger parcels and haw the descri:otion of these pa=eýs ts made a Tnzttt of public record. It also provides c andards for me confignuatLon ofparcels. access puovLýsicmss and roadway and dra=3age standards. Subdivision-A legally recovn=.ed parcel ofland. or collection ofparcels of land that is dpfine,ýfi br a n ranve and grapbic descripticm- The document that denicts a subdraýion Ls a piaL T, mr,orarr Use-Anv use of land. not pmbibited within the zon districL author=ed by the DirecLor oi IM--anning and Development but for a period not to exceed niriety days. H grading and fiauling operations may be author=ed urider a Temporarr Use permit for a period -ofup to oneirundred-eiszhty days on proper--ts Wten acres or less. V"rignee-A vm=ce is authar:zed by the Board ofAdjustment. Variances reiate to the physical re-cra:rt--ents of the Zonmg Regulations onlyý not to use of property. In theory. all prorteirv in the s=rne zone district is the
6.

## same-m practice. lots are not alike but the standards of a given 2rm 

## to all lots in the zon distoct- The vmance process allows theBoard ofAdjustment to -adjust-the z=jn Standards to odate for differences between the physical la:r= of lots so th2t all PrOP=tY Maybyable to enjoytheirpropertl In2nequitablemannerZoning-The practice of P-q hmqd7f"g distdcts within a J that allow specific uses tobe conducted-under standards. in order-to establish separation between uses which otherwise would conflictZon4?VV Map-The official map ofthe Co=tythat shows the b of all zone distrtcts. The map is adopted bythe Board ofCO bv EM and each change tothemap isalso adopted by 11y"nn- BodL the nmp (whdchis really a collection ofappr"" ixnately 80 sheets to coverthe entire Co=tv) and the resolution are recorded in the office of the CounrvClerk andRecorder. Zoning Regulations-The document approved by the Board of Cnmmismonens that defines all z= districts and the standards expected of all uses within zone districts. These regulations alssz- ;3.Luv de for the process by which zoning., is changed. t procedures, and general stimclards thatapplytoanylanduseinAllzone districts.

7-BY-LANS OF ADAMS COU= WATER QUAL= ASSOCMTMON
A = I

O=C:ES 

### Section 1. The Office of the Ada-m Co=ty Water Quality Association ("Associ atJon") shatII be at- the office of Scnz*.-.h Adirms- County Water and Sanitztton 6595 East 70th Avenue, Co=e--r--- city,Colorado90037-0597 or such other place the board of directors may time=tc-time dete--=j-ne.
A== 2 DIRECTORS Section 1. 'he board of d--;-ec--crs for the Association nhall consist of one x-eip--mesentat-,ve e-lected by each participating entity, consisting of the Cityýof Cc=ez--e City, Colorado: City of Brighton, Colorado; Colorado; and South Adams County Water and Sanitat.ion Dist--ict. Section 2. In the- absence of the appointed director, the appointed alte--na,te director =ay act. in place of the absent dizvctor.
A== 3 OMMMS Section 1. '"he officex-s of

--!Le Assoc:.ation sha 11 be a president, a vice- president and a secretary.

### ARTIZ= 4 ==ON OF OFFICEEM, Section 1. Officers shall be elected by a majority vote of the directors at the organiZationa-I meeting held in 1991. Section 2. Beginning in 1992, 'and every year tbP--ea.,-F-te=, election of. off4cers 4gh.:411 be held at the first annual meeting of the Ass;clatiom,- Section 3. There shall be no prohibition against an office succeeding him or herself in any of the of-ofices Of the Association.

ARTI= 5

1ý=S Section 1. Unlabs othexVise noted, regular cluarter1y meetings of -,he Association shall be held on the second Thursday of January, April, July and October as set forth in the Memorand,.:m of Understanding ber-ween mwm e=s of t!xe Association. Section 2. Im the event there shall be no business to conduct at such quarterly meeting, the =resident may cance-I such meeting in Vriting to all directors set:--:-*ng forth t!:Le reason for such cance-Ilation.
A== 6 SPE=-IT .1 Fn Sec-tion 1. A request for a sDe=ial meeting of the board of directors may be requested by a di-:ec=o= i--I writing to the president of the Association with c--=ies to all member di=eczors. Such request shP22. set forth the Pu=POse of such request-for a special meeiing. 2

### Section 2 

### After--receii:t Of a request for a special meeting, the presiderzt7--shm 11 set a special meeting of the board of directors withJn twenty days 

### a,.16.1-er receint of such request and

-- haII give the ,mmm ers; c:E7-tha board of dlrectý'zrs notice in vrit-inq of the date and time of sucb-special meeting and the F= ose of'such meeting. such notice =hall also include copies of any remor"Its, exhi its, or other material that may have been smtmittted -io the president by the requesting-4irect==-

A== 7 C Section-1. Mie president shmIl aw..-sci3it such cozimittees as he or she deems necessary to- caz--y out the purposes and the activities of the M=Oranrirm- Of UnAp tanding between the mem er entities of the Asso=iat-ion.

ARTI= 8 RECC22CENDATMONS Sec=ion 1. JLU recfam-endatior-s c= decisions of the board of directors on all Clean Watear Plar. Azexutments, 201 Facility Plans, proposals or c--I,er zitt-ittal sha.:l be by =a)oritty vote., each director ss-hall have. one vv--&. Im the amsence of a ;Llector, his or her duly appointed a-'--e--Aata shall be e--t=--:tled to vcrtp-. Section 2.
Tts rwzu.'It Of such votes shall be submi=-ed by the pre ident an all Clean water p'ýAn Az&m----m4nLs, 201 Facility Plans or such Ot!:Lex ;-'A=o, 5- d-es or remcr--z su=itted by the Association or one of -4=s er.t-4tie-S -. ýtz Denver Regional Council of Government or to =4 Cclora=o Watez Cua-Ilt-jr Cont---ol Division or to any other requ" at agrancy.

3

### Section 1. The Associat-ion may appoint a Recording Se=vtary to take all of the minutes of the board of and to condnct such crther activities deemed necessary by the Association. Section 2. '- The Association may employ such other employees it deems necessary to carry out the purposes and the activities of the Association. Section 3. Compensation fcz, =cb eamloyees shall be t and allocated between the inay, ers of the Association in such a manner as may be detexmined by the Associat-ion.

A== 10

CONZ-=L-r Section 1. In the event a conflict develops between the mravisions of the v..LemoranCLI= of tIndex-StandIng entered into between the member enzitiets and these By-laws, the provisions of *theMorm rand= of Understandin will =nt--ol.
IMF= BY-L&WS ADOPT= THT DAY OF 1991.

4

# Clarification ofRequirements 

# for the Rocky Mountain Arsenal

Offpost Operable Unit FinalRecord ofDecision

Rocky Mountain Arsenal Superfund Site Commerce City, Colorado

June 1996

## Rocky Mountain Arsenal Superfund Site Clarification ofRequirements forthe Rocky MountainArsenal

OffPost Operable Unit FinalRecord ofDecision June 1996 Thepurpose ofthisdocumentistoclarify certainrequirements contained onpageAl-1, Appendix BoftheRockyMountain Arsenal OffPost OperableUnitFinalRecordofDecision (OffPostROD), whichwas signed onDecember 19, 1995. PageAl-1, Appendix BoftheOff PostROD requires ShellOil Company (Shell) to execute andrecordrestrictivecovenants to eliminatepotential exposure tocontaminatedgroundwaterunderlying certainland ownedby ShellinAdams County, Colorado. OnJune 11, 1996, Shell executedandrecorded theDeclarationofCovenants attached hereto asExhibitBofAppendixB, Attachment 3. OnJune 11, 1996,theUnited States Department oftheArmy, ShellOil Company,the State ofColorado,theUnited States Environmental ProtectionAgency,andtheUnited StatesFishandWildlifeService enteredinto an Agreement, attachedhereto asAppendix B,Attachment 3. TheAgreement providesclarification regardingtheoperation ofthecovenantsplaced ontheLand,includingprovisionsforreleaseof thecovenants whencertainconditionscontainedintheAgreement aremet. TheAgreement was presented atmeetingsoftheSite SpecificAdvisoryBoardoftheRockyMountain Arsenal on May28, 1996,andtheRestorationAdvisoryBoard oftheRockyMountain ArsenalonJune 6, 1996. TheAgreementisherebyattachedtothe OffPostROD asAppendixB, Attachment 3. Affirmation ofStatutoryDeterminations ThisClarification ofRequirements doesnotrepresent significant changetothe selected remedy. The selectedremedyremainsprotective ofhumanhealthandtheenvironment, complies withFederal and Staterequirements that areapplicableorrelevantand appropriatetothis remedial action, andiscost-effective.APPENDIX B ATTACHMENT 3
THE AGREEMENT CONTAINED WITHIN THIS ATTACHMENT, dated as of February 2, 1996, is among the UNITED STATES DEPARTMENT OF THE ARMY (the "Army"), SHELL OIL COMPANY ("Shell"), the STATE OF COLORADO (the "State"), the UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ("EPA"), and the UNITED STATES FISH AND WILDLIFE SERVICE (11USFWS11). Recitals
A. Shell owns the land in Adams County, Colorado described in Exhibit A attached hereto and forming a part hereof (the IlLand").
B. A portion of the Land is subject to Revised License dated effective December 3, 1991 (the "License"), from Shell to the Army, notice of which was given by Memorandum of License dated effective as of December 3, 1991, between Shell and the Army, filed for recording June 25, 1992 at 8 a.m., and recorded under Reception No. 1074181 in Book 3920 at page 351 of the real property records of Adams County, Colorado.
C. The Army, Shell, the State, EPA, and USFWS entered into Agreement for a Conceptual Remedy,for the Cleanup of the Rocky Mountain Arsenal dated June 13, 1995 (the "Conceptual Remedy .Agreement").
D. Paragraph 23 of the Conceptual Remedy Agreement requires Shell to execute and record covenants to eliminate potential exposure to contaminated groundwater underlying the Land.
E. The Land is included within the Offpost Operable Unit (the "Offpost OU11) of Rocky Mountain Arsenal, a National Priorities List site under the Comprehensive Environmental Response, Compensation, and Liability Act.
F. A Record of Decision for the Offpost OU (the "Offpost ROD") was signed on December 19, 1995.
G. Page Al-1 of Appendix B to the Offpost ROD also requires Shell to execute and record covenants to eliminate potential exposure to contaminated groundwater underlying the Land.
H. By Declaration of Covenants dated as of February 2, 1996 (the "Declaration"), filed for recording June 11, 1996, and recorded under Reception No. C0183385 in Book No. 4769 at Page No. 297-308 of the real property records of Adams County, Colorado, Shell declared covenants for the benefit of the United States of America (the "United States") and the State to satisfy its obligations under paragraph 23 of the Conceptual Remedy Agreement and under page Al-1 of Appendix B to the Offpost ROD. A copy of the Declaration is attached hereto as Exhibit B.I. The restrictive covenants set forth in the Declaration are enforceable by the United States, through the Army and EPA, and by the State.
Agreement
In consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which all the parties acknowledge, they hereby agree as follows: 1. Consent. The Army consents to the restrictive covenants set forth in the Declaration and this Agreement. 2. Satisfaction of Obligations. The Army, the State, EPA, and USFWS acknowledge that recordation of the Declaration and the signing of this Agreement fully satisfy Shell's obligations under paragraph 23 of the Conceptual Remedy Agreement and under page Al-1 of Appendix B to the Offpost ROD. 3. Prohibition Against Alluvial Wells. No groundwater well for future use may be constructed on the Land if it is screened in the unconfined flow system (the 11UFS11), which is defined as the alluvial aquifer and the weathered upper portion of the Denver Formation, until no analyte listed in Schedule 1 is present in excess of the appropriate standard listed in Schedule 1 in any well listed in Schedule 2 attached hereto (or replacements for those wells) during a 5-year period that includes the following sampling events: 5 consecutive annual samples analyzed for all analytes listed in Schedule 1; 3 quarterly samples analyzed only for DIMP and dieldrin between the third and fourth annual samples; and 3 quarterly samples analyzed only for DIMP and dieldrin between the fourth and fifth annual samples. This prohibition does not apply to wells for groundwater sampling, wells for groundwater level measurements, wells for extraction for treatment of contaminated groundwater, and wells for reinjection of treated groundwater. 4. Prohibition Against Use of Deeper Groundwater. No groundwater may be used from any well on the Land that is screened in any aquifer beneath the UFS so long as that well contains any of the analytes listed in Schedule 1 in excess of the appropriate standards listed in Schedule 1. In addition, any well screened in any aquifer beneath the UFS may be closed pursuant to the Offpost ROD if the criteria for well closure set forth in Appendix C to the Offpost ROD are satisfied. 5. Covenants Run With Land; Enforcement. Paragraphs 3 and 4 above govern the implementation of the covenants in paragraphs 1 and 2, respectively, of the Declaration, which touch and concern, run with, and burden the Land, and benefit the Onpost OU. The covenants of paragraphs 1 and 2 of the Declaration are granted for the benefit of the United States and the State to protect, preserve and enhance the property values of the Onpost 2

### OU, as well as contribute to the overall remedy of RMA, and are enforceable by the United States, through the Army and EPA, and by the State. If there is a violation of either of those covenants that remains uncured after 30 day's prior written notice of the violation to Shell (or other owner of the Land or portion thereof whose action constitutes the violation), the United States and the State, or either of them, may institute a suit against the person violating the covenants to enjoin the violation by temporary or permanent injunction; provided, however, that for an irreparable ongoing or imminent violation the 30-day notice is not required. No failure by the United States or the State to institute such a suit shall be deemed to be a waiver or a forfeiture of the right to enforce any covenant in this instrument. 6. Release. When the conditions to allow construction of groundwater wells for future use on the Land that are screened in the UFS, as described in paragraph 3 of this Agreement, have been satisfied, Shell shall so notify the Army, the State, and EPA. If the Army, the State, and EPA agree, (a) the Army, the State, and EPA shall acknowledge that the conditions have been satisfied and (b) the United States, through the Army, and the State, in consultation with EPA, shall execute, acknowledge, and deliver to Shell a Release of Restrictive Covenants in the form of Exhibit C attached hereto to evidence of record that the covenant in paragraph 1 of the Declaration, as implemented by paragraph 3 above, no longer burdens the Land. 7. Notices. All notices given under this Agreement shall be in writing, shall be given by certified mail, return receipt requested, overnight courier service, telecopy, or hand delivery, and, (a) if mailed, shall be deemed received three business days after mailing with postage prepaid, (b) if delivered by overnight courier service shall be deemed received one business day after having been deposited with the courier service, with delivery fees paid by the sender, and (c) if delivered by facsimile or hand delivery, shall be deemed received on the day the notice is sent if the sender makes reasonable efforts to confirm the receipt thereof; in each case addressed as follows: If to the Army: Program Manager Office of the Program Manager Building ill Rocky Mountain Arsenal ATTN: AMXRM-PM Commerce City, Colorado 80022-1748

3If to EPA:
EPA Coordinator for RMA

(8EPR-F) U. S. Environmental Protection Agency Region VIII 999 18th Street, Suite 500 Denver, Colorado 80202-2466 If to USFWS: Regional Director U.S. Fish and Wildlife Service Region 6 P.O. Box 25486 Denver, Colorado 80225 If to the State: Rocky Mountain Arsenal Project Manager Hazardous Materials & Waste Management Division Colorado Department of Public Health and Environment 4300 Cherry Creek Drive South Denver, Colorado 80222-1530 with a copy to: Colorado Department of Law CERCLA Litigation Unit 1525 Sherman Street Denver, Colorado 80203 If to Shell: Manager of Denver Site Project Shell Denver Site Project c/o Holme Roberts & Owen LLC 1700 Lincoln, Suite 4100 Denver, Colorado 80203 Any party may, by written notice so delivered to the others, change the address or facsimile number to which delivery shall thereafter be made. 8. Further Assurances. The parties shall execute and deliver or cause to be executed and delivered such other instruments, and take such other actions, as may be reasonably necessary or advisable to carry out the purposes of this Agreement. 9. Integration. This Agreement and the Declaration constitute the entire understanding among the parties with respect to the subject matter hereof, superseding all
4negotiations, prior discussions, and prior agreements or understandings with respect to the subject matter. 10. Parties in Interest. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Nothing in this Agreement, express or implied, is intended to confer upon any other person or entity any benefit, right, or remedy. 11. Counterpart Execution. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original instrument for all purposes. EXECUTED as of the date first above written.
UNITED STATES DEPARTMENT OF THE ARMY eýL

, y KayfiiondT J. Fatz

Acting Deputy Assistant Secretary of the Army

(Environment, Safety and Occupational Health)
SHELL OIL COMPANY

B R.N. Shulman Vice President HS&E Shell Chemical Company FOR THE STATE OF COLORADO
ByTom Looby Director, OffT ýbf Environment Colorado Department of Public Health and Environment
STATES ENVIRONMENTAL PROTECTION AGENCY

B J W McGr5C" A ing Regional Director ETilronmental Protection Agency UNITED STATES FISH AND WILDLIFE SERVICE

rry Terýrell D put Regional Director, Mountain-Prairie Region U.S. Fish and Wildlife Service 5EXHIBIT A

The following described land in Adams County, Colorado:

Adams County Joint Venture Tract The land conveyed by Warranty Deed dated February 26, 1991, from the Adams County Joint Venture to Shell Oil Company and more particularly described as follows: Southwest Quarter of Section 13, Township 2 South, Range 67 West, excluding therefrom those tracts of land described in the following deeds: 1) Book 771 at Page 234 2) Book 1003 at Page 527 3) Book 1037 at Page 479 but including the east 60 feet of the tract of land described in said Book 771 at Page 234, all being in records of said Adams County. Commerce City Tragt The land conveyed by Warranty Deed dated October 15, 1991, from the City of Commerce City, Colorado, to Shell Oil Company, recorded in Book 3839, Page 873, and more particularly described as follows: A parcel of land situated in a portion of Lots 3. 4 and 6, Block 1, ADCO Industrial Park Subdivision, being a portion of the Southwest one-quarter of Section 14, Township 2 South, Range 67 West of the Sixth Principal Meridian, County of Adams, State of Colorado, more particularly described as follows: Commencing at the center one-quarter corner of said Section 14, said point also being the Northeast corner of said Lot 6, said point being the TRUE POINT OF BEGINNING; thence South 00*071250 West along the East line of said Lots 6 and 3 and along the East line of the Southwest one-quarter of the Southwest one-quarter of said Section 14 a distance of 1058.92 feet; thence North 62*321171 West a distance of 824.60 feet to a point on the Northwesterly line of said Lot 6, said point also being on the Southeasterly right of way line of Colorado State Highway No. 2 and U.S. Highway No. 6; thence the following three courses along the Northwesterly line of said Lot 6 and the Southeasterly right of way line of said Colorado State Highway No. 2 and U.S. Highway No. 6; thence North 45'001480 East a distance of 396.72 feet; thence North 46'111030 East a distance of 299.95 feet; thence North 43*071400 East a distance of 261.54 feet to the Northwest corner of said Lot 6; thence South 89*521350 East along the North line of said Lot 6 a distance of 58.15 feet to the TRUE POINT OF BEGINNING, County of Adams, State of Colorado.

A-1Fischer Tract The land conveyed by Warranty Deed dated January 30, 1991, from Peggy Nadine Fischer, n/k/a Peggy Nadine Hits, to Shell Oil Company recorded in Book 3748, Page 724, and more particularly described as follows: Block 1, Fischer-Hoffman Tract Adams County, Colorado also known by street and number as 9955 and 9961 Peoria Hickey Tract The land conveyed by Warranty Deed dated January 17, 1991, from Michael E. Hickey and Charles E. Hickey to Shell Oil company recorded in Book 3746, Page 328 and more particularly described as follows: PARCEL A: The SE 1/4 of Section 14, Township 2 South, Range 67 West of the 6th P.M. EXCEPT the South 30 feet thereof; EXCEPT that portion thereof lying within Peoria Street, 96th Avenue and East 100th Avenue; EXCEPT that portion thereof lying within the Subdivision of Fischer-Hoffman Tract; EXCEPT that portion thereof described in deeds recorded December 19, 1960 in Book 883 at Page 558, August 21, 1969 in Book 1539 at Page 239 and August 28, 1973, in Book 1884 at Page 850 and EXCEPT any portion thereof that may lie Westerly of the West line of that tract of land described in deed recorded December 9, 1960 in Book 882 at Page 335. County of Adams, State of Colorado. Note: Land referred to in deed recorded in Book 883 at Page 558 described as follows:
A parcel of land located in the SE 1/4 Section 14, Township 2 South, Range 67 West, 6th P.M., described as follows: BEGINNING at a point which is 2640 feet South and 30 feet West of the Northeast corner NE 1/4 Section 14, Township 2 South, Range 67 West; thence West 960 feet, thence South 1320 feet, thence West 1220 feet, thence South 1290 feet, thence East 2180 feet, thence North 2610 feet to the POINT OF BEGINNING; NOTE: Land referred to in deed recorded in Book 1539 at Page 239 described as follows: That part of the Southeast quarter of Section 14, Township 2 South, Range 67 West of the 6th Principal Meridian, Adams County, Colorado, described as follows:

A-2BEGINNING at the Southeast corner said Section 14; thence North 90 deg. 00 min. 00 sec. West on an assumed bearing along the South line said Southeast one-quarter a distance of 1013.00 feet to the TRUE POINT OF BEGINNING; thence continuing North 90 deg. 00 min. 00 sec. West along said South line Southeast one-quarter a distance of 1188.57 feet to a point 430.00 feet Easterly of the Southwest corner said Southeast one-quarter; thence North 00 deg. 06 min. 30 sec. East along a line parallel to the West line said Southeast one-quarter a distance of 1320.00 feet; thence North 90 deg. 00 sec. 00 min. East, 1189.14 feet to a point which is 1013.00 feet West of the East line said Southeast one-quarter; thence South 00 deg. 08 min. 00 sec. West along a line parallel to the East line said Southeast one-quarter a distance of 1320.00 feet to the TRUE POINT OF BEGINNING, EXCEPT the South 30.00 feet thereof.
NOTE: Land referred to in Book 1884 at Page 850 described as follow:
BEGINNING at a point 30 feet North and 669 feet West of the Southeast corner of the Southeast quarter of Section 14, Township 2 South, Range 67 West of the Sixth P.M., County of Adams, State of Colorado; thence North, a distance of 1290 feet, thence West, a distance of 344 feet to an existing pin; thence South a distance of 1290 feet more or less, to a point 30 feet North of the South line of the Southeast quarter of Section 14; thence East and parallel with the said South line, a distance of 344 feet to the POINT OF BEGINNING.
PARCEL 8: That part of the NE 1/4 of Section 14, Township 2 South, Range 67 West of the 6th P.M., lying Southeasterly of U.S. Highway No. 6 and Southerly of the South lines of those tracts of land described in deeds recorded November 5, 1967 in Book 1361 at Page 76 and June 3, 1982 in Book 2649 at Page 750, EXCEPT that portion thereof lying within Peoria Street and EXCEPT that portion thereof described in deed recorded December 19, 1960 in Book 883 at Page 556, County of Adams, State of Colorado.

A-3NOTE: Land referred to in Book 1361 at Page 76, described as follows: That part of the HE 1/4 of Section 14, Township 2 South, Range 67 West of the 6th P.M., described as follows: BEGINNING at the East Quarter Corner of said Section; thence Northerly, along the East line of said Section, 450 feet; thence Westerly, on an angle to the left of 89 deg. 40 min. 08 sec., parallel with the South line of said HE 1/4, a distance of 990 feet to the TRUE POINT OF BEGINNING; thence Westerly, parallel with said South line, 1298.14 feet to the Easterly right of way line of Colorado State Highway No. 2; thence on an angle to the right of 131 deg. 46 min. 08 sec. and along said Easterly right of way line 1313.94 feet to a point 1430 feet North of the South line of said HE 1/4; thence Easterly on an angle to the right of 48 deg. 13 min. 52 sec., parallel with the South line of said HE 1/4, a distance of 417.23 feet to a point 990 feet West of the East line of said HE 1/4; thence Southerly, on an angle to the right of 89 deg. 40 min. 08 sec. and parallel with said East line, 980 feet to the TRUE POINT OF BEGINNING. NOTE: Land referred to in Book 883 at Page 556 described as follows: A parcel of land located in the HE 1/4 Section 14, Township 2 South, Range 67 West, 6th P.M. described as follows: BEGINNING at a point which is 2190 feet South and 30 feet West of the Northeast corner HE 1/4 Section 14, Township 2 South, Range 67 West, thence West 630 feet; thence South 450 feet; thence East 630 feet; thence North 450 feet; to the POINT OF BEGINNING. NOTE: Land referred to in Book 2649 at Page 753 described as follows:
A parcel of land in the Northeast 1/4 of Section 14, Township 2 South, Range 67 West of the 6th Principal Meridian, Adams County, Colorado, described as: BEGINNING at the East 1/4 corner of said Section 14; thence North 00 deg. 00 min. 00 sec. East, on an assumed oearing along the East line of said Northeast 1/4, a distance of 520.00 feet; thence North 89 deg. 40 min. 08 sec. West, parallel with the South line said Northeast 1/4 a distance of 30.00 feet to the TRUE POINT OF BEGINNING; thence continuing North 89 deg. 40 min. 08 sec. West, a distance of 960.00 feet; thence North 00 deg. oo min. 00 sec. East parallel with the East line of said
A-4Northeast 1/4 a distance of 910.00 feet; thence North 89 deg. 40 min. 08 sec. West a distance of 417.23 feet to a point on the Easterly right of way line of Colorado State Highway No. 2; thence North 42 deg. 04 min 00 sec. East along said Easterly right of way line a distance of 250.85 feet; thence North 42 deg. 24 min. 20 sec. East continuing along said Easterly right of way line a distance of 204.10 feet to a point an the South line of the Public Service Company right of way; thence South 89 deg. 32 min. 10 sec. East along said South right of way line a distance of 1071.55 feet to a point on the West right of way line of Peoria Street; thence South 00 deg. 00 min. 00 sec. West along said West right of way line and parallel with the East line said Northeast 1/4 a distance of 1246.21 feet to the TRUE POINT OF BEGINNING. Hoffman T act The land conveyed by Warranty Deed dated January 30, 1991, from Clifford R. Hoffman and Joan Hoffman to Shell Oil Company recorded in Book 3748, Page 201, and more particularly described as follows:
Block 2, Fischer-Hoffman Tract Adams County, Colorado

as known by street and number as 9925 Peoria.
A. Maul Tract The land conveyed by Warranty Deed dated January 24, 1991, from Albert L. Maul and Evelyn F. Maul to Shell Oil Company recorded in Book 3747, Page 424, and more particularly described as follows: That part of the Northeast 1/4 of Section 14, Township 2 South, Range 67 West of the 6th P.M., described as follows:
BEGINNING at a point which is located 2190 feet South and 30 feet West of the Northeast corner of said NE 1/4; thence West a distance of 630 feet; thence South a distance of 450 feet; thence East a distance of 630 feet; thence North a distance of 450 feet to the POINT OF BEGINNING Adams County, Colorado

as known by street and number as 10021 Peoria Ohle Tract The land conveyed by Warranty Deed dated February 21, 1991, from Albert H. Ohle and Barbara J. Ohle to Shell Oil Company recorded in Book 3755, Page 441, and more particularly described as follows:
A tract of land located in the SE 1/4 of Section 14, Township 2 South, Range 67 West of the 6th P.M., described as follows:

A-5Beginning at a point 30 feet North and 669 feet West of the Southeast corner of the SE 1/4 of said Section 14, thence North, a distance of 1290 feet; thence West, a distance of 344 feet to an existing pin; thence South, a distance of 1290 feet; more or less, to a point 30 feet North of the South line of the SE 1/4 of said section 14; thence East and parallel with the said South line, a distance of 344 feet to the Point of Beginning, County of Adams, State of Colorado,

as known by street and number as 11841 E. 96th Avenue. Werth Tract The land conveyed by Warranty Deed dated January 30, 1991, from Ronald J. Werth and Virginia A. Werth to Shell oil Company recorded in Book 3749, Page 985, and more particularly described as follows: All of Block 2, Wagner Tract Adams County, Colorado

as known by street and number as 9755 Peoria Street.

HolstinieL-Txranat
The land conveyed by Warranty Deed dated February 22, 1990, from Byron W. Holstine to Shell Oil Company, recorded in Book 3650, Page 425, and more particularly described as follows:

THAT PART OF THE SOUTHEAST 1/4 OF SECTION 14# TOWNSHIP 2 SOUTH* x4m= 67 WEST OF THE 6rK PRINCIPAL MERIDIANt ADAMS CaUNTY# COLORADO DESCRINED AS: BEGINNING AT THe SOUTHEAST CORNER OF SAID SECTION 14, THENCE NORýH vo oceptces DO mINvTZS oo SECONDS biCST ON AN ASGUMCD REARING ALONQý THE SOUTH LINE SAID SOUTHEAST 2/4 A 0 taT^NCZ OF 1300. 67 FEET TO THE TRUE POINT OF 86GINNrNQi THENCE CONTINUING NORTH TO DEGREES 00 MZNVTCS 00 SECONDS WC3T ALONG SAID SOUTH LINE SOUTHEAST 114 A DISTANCE OF 313. 23 PCET TO A P13INT 767. 47 r I-CI EASTERLY OF THE SOUTHWEST CORNN3t SAID SOUTHEAST 1/4j THENCE NORTH 00 DEGREES 04 MINUTES 30 89CON08 rANT ALO" A LINE PARALLEL To THE bffST LINE SAID ZOUTW-AST 1/4 A DISTANCE OF 1320. 00 FIEZTJ THENCE NORTH- 90 DECREES 00 MINUTES 00 SECONDS EAST# 313.90 FEET TO A POINT WHICH go 1330.67 FEET WEST OF THE EAST LINE SAID SOUTHEAST 1/41 THENCE SOUTH 00 DIFORCES 08 MINUTZ5 00 SECONDS, WEST ^LONQ A LINE PARALLEL IV THE EAST LINE SAID SOUTHEAST t/4& A DISTANCE .OF 1320.00 FEET TO THE TRUE POINT OF SZOINNING EXCEPT SOUTH 39.00 FEET THEREOF.

Lambert Tract
That land conveyed by Warranty Deed dated August 17, 1989, from Markus H. Lambert and Myra D. Lambert to Shell Oil Company, recorded in Book 3594, Page 10, and more particularly described as follows:

A-6THAT PART OF THE SOUTHEAST 1/4 SOUTHEAST 1/4 OF SECTION 14a TOWNSHIP 2 SOUTH, RANGE 47 WEST OF THE 6TH PRINCIPAL MERIDIANa MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 14; THENCE NORTH ALONG THE EAST LINE OF SAID SECTION 14, A DISTANCE OF 30 FEETj THENCE NORTH 89 DEGREES 18 MINUTES WEST, A DISTANCE OF 669 FEET TO THE TRUE POINT OF BEGINNINQj THENCE NORTH, A DISTANCE OF 340-31 FE9T; THENCE SOUTH 89 DEGREES 18 MINUTES EAST, A DISTANCE OF 320 FEETj THENCE SOUTH. A-DISTANCE OF 340.31 FEETj THENCE NORTH-89 DEGREES 18 MINUTES WEST, A DISTANCE OF 320 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF ADAMS. STATE OF COLORADO.
AND THAT PART OF THE SOUTHEAST 1/4 SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 2 SOUTH, RANGE 67 WEST OF THE &TH PRINCIPAL MERIDIAN. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 141 THENCE NORTH ALONG THE EAST LINE OF SAID SECTION 14, A DISTANCE OF 30 FEET'i THENCE WEST, A DISTANCE OF 30 FEET TO THE TRUE POINT OF BEGINNINGj THENCE NORTH 89 DEGREES is MINUTES WEST. A DISTANCE OF 329 FEETj THENCE NORTH# A DISTANCE OF 340.31 FEET; THENCE NORTH 69 DEGREES 18 MINUTES WEST, A DISTANCE OF 320 FEETj THENCE NORTH# A DISTANCE OF 410. 10 FEETj THENCE SOUTHEASTERLY, A DISTANCE OF 653. 2 FEEI TO A POINT WHICH IS 30 FEET WEST OF THE EAST LINE OF SAID SECTION 14 AND NORTH 01 DEGREES 01 MINUTES EAST A DISTANCE OF 613 FEET FROM THE TRUE' POINT OF BEGINNINGj THENCE SOUTH 01 DEGREES 01 MINUTES WEST, A DISTANCE OF 615 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF ADAMS, STATE OF COLORADO.

also known by street and number as 11921 East 96th Avenue, Commerce City, Colorado

Maul Tract That land conveyed by Warranty Deed dated October 19, 1989, from Ronald J. Maul to Shell oil Company, recorded in Book 3615, Page 7, and more particularly described as follows;
PARCEL A: THAT PORTION OF THE SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 2 SOUTH, RANGE 67 WEST OF THE 6TH PRI14CIPAL MERIDIAN, ADAMS COUNTY. COLORADO. "ORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 131 THENCE NORTH ALONG TIHE WEST LINE OF SAID SECTION 13, A DISTANCE OF 1364. 0 FEETs THENCE DEFLECTING RIGHT 90 DEGREES A DISTANCE OF 30.0 FEET TO THE TRUE POINT OF BEGINNINGi THENCE DEFLECTING RIGHT 40 DECREES 7 MINUTES. A DISTANCE OF 605.0 FEETi THENCE DEFLECTING LEFT 20 DECREES 48 MINUTES. A DISTANCE OF 575.0 FEET# THENCE DEFLECTING LEFT 9 DEGREES 03 MINUTES, A DISTANCE OF 150. 0 FEETs THENCE DEFLECTING LEFT J0 DEGREES 20 MINUTES, A DtSTANCE OF 79. 0 FEET, THENCE DEFLECTING LEFT L37 DEGREES 6 MINUTES 49 SECONDS. A DISTANCE OF t353.89 FEETi THENCE DEFLECTING LEFT 42 DEGREES 49 MINUTES 11 SECONDS, A DISTANCE OF 3oo. 0 FEEIi THEME DEFLECTING LEFT 90 DEGREES. A DISTANCE OF 262.0 FEET TO THE TRUE POINT OF BEGINNING. A-7PARCEL B: THAT PART OF THE SOUTHWEST 1/4 OF SECTIO14 13. TOWNSHIP 2 SOUTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN# ADAMS COUNTY COLORADOj DESCRIBED AS BEGINNING AT A POINT ON THE WEST LINE SAID SECTION 13. SAID POINT BEING 1136.4 FEET NORTH OF THE SOUTHWEST CORNER OF SAID SECTION M THENCE EAST AT RIGHT ANGLES TO SAID WEST LINE OF SECTION 13, 330.0 FEETi THENCE DEFLECTING RIGHT 90 DEGREES 10.4 FEET; THENCE DEFLECTING RIGHT 90 DEGREES 330.0 FEET MORE OR LESS TO A POINT ON THE WEST LINE OF SAID SECTION 131 THENCE NORTH ALONG THE WEST LINE OF SAID SECTION 13# 10.4 FEET MORE OR LESS TO THE POINT OF BEGINNING, EXCEPT THE WEST 30. 0 FEET OF THE ABOVE DESCRIBED PROPERTY.
also known by street and number as 9760 Peoria

AinalAone Tract That land conveyed by Warranty Deed dated August 17, 1989, from Thomas J. Smaldone to Shell Oil Company, recorded in Book 3594, Page 14, and more particularly described as follows:
THAT PART OF THE SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 2 SOUTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BECINNING AT THE SOUTHWEST CORNER OF SAID SECTION 131 THEME EAST 2633.3 FEET ALONC THE SOUTH LINE OF SAID SECTION 13 TO THE SOUTH QUARTER CORNER OF SAID SECTION 131 THENCE NORTH 00 DEGREES 05 MINUTES EAST ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION A DISTANCE OF 227 FEETj THENCZ*NORTH 63 DEGREES 33 MINUTES WEST A DISTANCE OF 199.6 FEETj THF14CE NORTH 72 DECREES 33 MINUTES WEST, A'DISTANCE OF 122 FEETo THENCE SOUTH 64 DECREES 58 MINUTES WEST A DISTANCE OF 344 FEETj THENCE NORTH 89 DEGREES 32 MINUTES WEST A DISTANCE OF 744 FEETj THENCE NORTH 79 DEGREES 32 MINUTES WEST, A. DISTANCE OF 150 FEETi THENCE NORTH 70 DEGREES 29 MINUTES WEST A DISTANCE OF 573 FEETj THENCIt NORTH 49 DEGREES 41 MINUTES WEST, A DISTANCE OF 6a3 FEETj THENCE NORTH 89 DECREES 48 MINUTES WEST, A DISTANCE OF 30 FEET TO THE WEST LINE OF SAID SECTIONi THENCE SOUTH 00 DEGREES 12 MINUTES WEST, A DISTANCE OF 864 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPT THAT PART OF THE SOUTHWEST 1/4 OF SCCTION 13, TOWNSHIP 2 SOUTH, RANGE 67 WEST OF THE &TH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 131 THEME NORTH 00 DEGREES 05 MINUTES EAST ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 13 A DISTANCE OF 227 FEETi THENCE NORTH 63 DEGREES 3:3 MINUTES WEST TO A POINT THAT 19 EXACTLY 60 FEET WEST OF SAID NORTH-SOUTH CENTERLINE OF SAID SECTION 13; THENCE SOUTH TO A POINT ON THE SOUTH LINE OF SAID SECTION 13 WHICH IS EXACTLY 60 FEET WEST OF SAID SOUTH QUARTER CORNER OF SAID SECTION 131 THENCE EAST ALONG SAID SOUTH LINE OF SAID SECTION 13 A DISTANCE OF 60 FEET TO THE POINT OF BEGINNING, COUNTY OF ADAMS. STATE OF COLORADO.
also known by street and number as 9610 Peoria

Spencer Tract That land conveyed by Warranty Deed dated August 17, 1989, from Dennis I. Spencer and Patricia L. Spencer to Shell Oil Company, recorded in Book 3594, Page 12, and more particularly described as follows;

A-8THAT PART OF THE SOU?HfAST 1/4 OF SECTION 14, TOWNSHIP 2 SOUTH, RANGE 67 WEST OF THE &TH PRINCIPAL MERIDIAN, DESCRIBED AS FOLL13WS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 141 THENCE NORTH 90 DECREES 00 MINUTES 00 SECONDS WEST ON AN ASSUMED - BEARING ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4, A DISTANCE OF 1013. 00 FEET TO THE TRUE POINT OF BrEOINNINGj THENCE CONTINUING NORTH 90 DECREES 00 MINUTES 00 SECONDS WEST ALONG SAID SOUTH LINE SOUTHEAST 1/4, A DISTANCE OF 237.67 FEET TO A POINT L290. 90 FEET EASTERLY OF THE SOUTHWEST CORNER OF SAID SOUTHEAST 1/4j THENCE NORTH 00 DECREES 00 MINUTES 00 SECONDS EAST ALONG A LINE PARALLEL TO THE EAST LINE OF SAID SOUTHEAST 114o A DISTANCE OF 1320. 00 FEETj THENCE NORTH 90 DECREES 00 MINUTES 00 SECONDS EAST. 337.67 FEET TO A POINT WHICH IS 1013. 00 FEET WEST OF THE EAST LINE OF SAID SOUTHEAST 1/4j THENCE SOUTH 00 DECREES 08 MINUTES 00 SECONDS WEST ALONG A LINE PARALLEL TO THE EAST LINE OF SAID SOUTHEAST 1/4o A' DISTANCE OF 1320. 00 FEET TO THE TRUE POINT OF VEGINNINQi EXCEPT THE SOUTH 30. 00 FEET THEREOF, COUNTY OF ADAMS* STATE OF COLORADM

A-9EXHMIT B 

# ADAMS COUNTY STATE OFCOLORADO 

# CERTIFICATION
1,RobertSack-, ClerkandRecorderof theCouno,ofAdants,
StateofColorado,doheretycerrifi,thattheattachedisafull.
true,andco e copof

asappearsupontherecordsofntvoffice. ReceptionNo. C) __I Book,)Vo. PageNo. 

# -3

Ihavehereunto-set np,handandaffixedtheSealofthe
CounVofAdams,StateofColorado,this dayof

"ýýtLA/k-k -A.D., 19'7ý-at S, 70 o'clock4m

RobertSack ClerkandRecorderRECEPTION NO. C0183385 61. 00. BK: 4769 PG: 0297-0308 IS1 ROBERT SACK, ADAMS COUNTY;--'COLORADO 6/11/96 8:10 DECLARATION OF COVENANTS
THIS DECLARATION OF COVENANTS, dated as of February 2, 1996, is made by SHELL OIL COMPANY, a Delaware corporation ("Shell"), for the benefit of the UNITED STATES OF AMERICA (the "United States") and the STATE OF COLORADO (the "State"). Recitals
A. Shell owns the land in Adams County, Colorado described in Exhibit A attached hereto and forming a part hereof (the "Land").
B. A portion of the Land is subject to Revised License dated effective December 3, 1991 (the "License"), from Shell to the United States Department of the Army (the "Army"), notice of which was given by Memorandum of License dated effective as of December 3, 1991, between Shell and the Army, filed for recording June 25, 1992 at 8 a.m., and recorded under Reception No. 1074181 in Book 3920 at page 351 of the real property records of Adams County, Colorado. C. The Army, Shell, the State, the United States Environmental Protection Agency ("EPA"), and the United States Fish and Wildlife Service (11USFWS11) entered into Agreement for a Conceptual Remedy for the Cleanup of the Rocky Mountain Arsenal dated June 13, 1995 (the "Conceptual Remedy Agreement").
D. Paragraph 23 of the Conceptual Remedy Agreement requires Shell to execute and record covenants to preclude use of groundwater underlying the Land until certain conditions are satisfied.
E. The Land is included within the Offpost Operable Unit (the "Offpost OU") of Rocky Mountain Arsenal, a National Priorities List site under the Comprehensive Environmental Response, Compensation, and Liability Act.
F. A Record of Decision for the Offpost OU (the "Offpost ROD") was signed on December 19, 1995.
G. Page Al-1 of Appendix B to the Offpost ROD also requires Shell to execute and record covenants to preclude use of groundwater underlying the Land until certain conditions are satisfied.
H. Shell desires to grant the covenants set forth below in full satisfaction of its obligations under paragraph 23 of the Conceptual Remedy Agreement and under page Al-1 of Appendix B to the Offpost ROD. These covenants will protect, preserve and enhance the value of the adjacent land owned by the United States and known as Rocky Mountain Arsenal (the "Onpost OU"), as well as contribute to the overall remedy for Rocky Mountain Arsenal.

Declaration
In consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which Shell acknowledges, Shell hereby covenants for itself and its successors and assigns as follows: 1. Use of Alluvial Groundwater Underlying the Land. No groundwater well for future use may be constructed on the Land if it is screened in the unconfined flow system ("UFS"), which is defined as the alluvial aquifer and the weathered upper portion of the Denver Formation, without the express written consent of the State and the United States for such period as this covenant remains in effect. Review and approval of any request for the construction of any such groundwater well shall be governed by the provisions of Appendix B, Attachment 3 of the Offpost ROD. Copies of the Offpost ROD are available at the following locations:Joint Administrative Record Document Facility ("JARDF") Rocky Mountain Arsenal 72nd Avenue and Quebec Street Commerce City, Colorado 80022-1748
EPA Region VIII Superfund Records Center 999 18th Street Denver, Colorado 80202-2466 Records Center Hazardous Materials & Waste Management Division Colorado Department of Public Health and Environment 4300 Cherry Creek Drive South Denver, Colorado 80222-1530 2. Use of Deeper Groundwater No groundwater may be used from any well on the Land that is sýreened in any aquifer beneath the UFS except as set forth in paragraph 4 of Appendix B, Attachment 3 of the Offpost ROD. 3. Exceptions. Notwithstanding the foregoing, no such approval shall be required for wells for groundwater sampling, wells for groundwater level measurements, wells for extraction for treatment of contaminated groundwater, and wells for reinjection of treated groundwater. 4. Covenants Run with Land; Enforcement. The covenants in paragraphs 1 and 2 touch and concern, run with, and burden the Land, and benefit the Onpost OU. They are granted for the benefit of the United States and the State to preserve the property values of the Onpost OU, and are enforceable by the United States, through the Army and EPA, and by the State. If there is a violation of either of those covenants that remains uncured after 30 day's prior written notice of the violation to Shell (or other owner of the Land or portion thereof whose action constitutes the violation), the United States and the State, or either of them, may institute a suit against the person violating the covenants to enjoin the violation by temporary or permanent injunction; provided, however, that for an irreparable ongoing or imminent violation the 30-day notice is not required. No failure by the United States or the State to institute such a suit shall be deemed to be a waiver or a forfeiture of,the right to enforce any covenant in this instrument.
S. Notice. In every instrument conveying any interest in any portion of the Land, including without limitation deeds, leases, and mortgages, Shell shall include a notice in substantially the following form:
NOTICE: THE INTEREST CONVEYED HEREBY IS SUBJECT TO DECLARATION OF COVENANTS DATED AS OF FEBRUARY 2, 1996, RECORDED UNDER RECEPTION NO. IN BOOK AT PAGE OF THE REAL PROPERTY RECORDS OF ADAMS COUNTY, COLORADO, IN FAVOR OF AND ENFORCEABLE BY THE UNITED STATES OF AMERICA AND THE STATE OF COLORADO. 6. Title. Shell represents to the United States and the State that Shell's title to the Land is free and clear of all liens, encumbrances, and burdens arising by, through, or under Shell, but not otherwise, except for the lien for taxes not yet due and except for the License; and Shell will forever warrant and defend title to the Land against all persons claiming an interest therein by, through, or under Shell, but not otherwise, except for the interest created by the License.
7. Release. The covenants contained herein shall be released in accordance with the procedures outlined in paragraph 6 of Appendix B, Attachment 3 of the Offpost ROD.

-2-Se 

### Kincellaneous. (a) No Aditission of Liability. The execution and delivery of this instrument and Appendix B, Attachment 3 of the Offpost ROD by Shell shall not be construed as an admission of any liability on its part. Neither this instrument nor Appendix B, Attachment 3 of the Offpost ROD may be offered in evidence in any administrative or judicial proceeding, except for a proceeding to enforce its provisions. (b) No Warranty. Except as specifically set forth in paragraph 6, this instrument is executed without any representation or warranty, express or implied. (c) Readings. The ' headings in this instrument are for guidance and convenience of reference only and do not limit or otherwise affect the meanings of any of its provisions. (d) Further Assurances. 'Shell, EPA, the State, the Army, and USFWS shall execute and deliver or cause to be executed and delivered such other instruments, and take such other actions, as may be reasonably necessary or advisable to carry out the purposes of this instrument. (9) Entire Agreement. This instrument and Appendix B, Attachment 3 of the Offpost ROD constitute the entire understanding among Shell, EPA, the State, the Army, and USFWS with respect to the subject matter hereof, superseding all negotiations, prior discussions, and prior agreements or understandings with respect to the subject matter. (g) No Assignment. Neither the United States nor the State may assign any of their respective rights under this instrument without the prior written consent of Shell. (h) Parties in Interest. This instrument shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Nothing in this instrument, express or implied, is intended to confer upon any other person or entity any benefit, right, or remedy.

EXECUTED as of the date first above written.

SHELL OIL COMPANY
By Vice President HS&E Shell Chemical Company

STATE OF COLORADO CITY AND ss. COUNTY OF DFJPM The foregoing instrument was acknowledged before me this 10th day of June, 1996,by Rand Shulman, as Vice President HS&E, Shell Chemical Company, a subsidiary of Shell Oil Company, a Delaware corporation, on behalf of the corporation. Witness my hand and official seal. Notýfry Public My commission expires: April 9, 2000

-3-EXHIBIT A

The following described land in Adams County, Colorado:

Adams County Joint Ventuge Tract The land conveyed by Warranty Deed dated February 26, 1991, from the Adams County Joint Venture to Shell Oil Company and more particularly described as follows: Southwest Quarter of Section 13, Township 2 South, Range 67 West, excluding therefrom those tracts of land described in the following deeds: 1) Book 771 at Page 234 2) Book 1003 at Page 527 3) Book 1037 at Page 479 but including the east 60 feet of the tract of land described in said Book 771 at Page 234, all being in records of said Adams County. Commerce City Tract The land conveyed by Warranty Deed dated October 15, 1991, from the City of Commerce City, Colorado, to Shell Oil Company, recorded in Book 3839, Page 873, and more particularly described as follows: A parcel of land situated in a portion of Lots 3,' 4 and 6, Block 1, ADCO Industrial Park:Subdivision, being a portion of the Southwest one-quarter of Section 14, Township 2 South, Range 67 West of the Sixth Principal Meridian, County of Adams, State of Colorado, more particularly described as follows: Commencing at the center one-quarter corner of said Section 14, said point also being the Northeast corner of said Lot 6, said point being the TRUE POINT OF BEGINNING; thence South 00*071250 West along the East line of said Lots 6 and 3 and along the East line of the Southwest one-quarter of the Southwest one-quarter of said Section 14 a distance of 1058.92 feet; thence North 62*321170 West a ýdistance of 824.60 feet to a point on the Northwesterly line of said Lot 6, said point also being on the Southeasterly right of way line of Colorado State Highway No. 2 and U.S. Highway No. 6; thence the following three courses along the Northwesterly line of said Lot 6 and the Southeasterly right of way line of said Colorado State Highway No. 2 and U.S. Highway No. 6; thence North 45*001480 East a distance of 396.72 feet; thence North 46*111031 East a distance of 299-95 feet; thence North 430071400 East a distance of 261.54 feet to the Northwest corner of said Lot 6; thence South 89*521350 East along the North line of said Lot 6 a distance of 58.15 feet to the TRUE POINT OF BEGINNING, County of Adams, State of Colorado.Fischer Tract The land conveyed by Warranty Deed dated January 30, 1991, from Peggy Nadine Fischer, n/k/a Peggy Nadine Hite, to Shell oil Company recorded in Book 3748, Page 724, and more particularly described as follows: Block 1, Fischer-Hoffman Tract Adams County, Colorado also known by street and number as 9-955 and -9961Peoria Hickey Tract The land conveyed by Warranty Deed dated January 17, 1991, from Michael E. Hickey and Charles E. Hickey to Shell Oil company recorded in Book 3746, Page 328 and more particularly described as follows: PARCEL A: The SE 1/4 of Section 14, Township 2 South, Range 67 West of the 6th P.M. EXCEPT the South 30 feet thereof; EXCEPT that portion-thereof lying within Peoria Street, 96th Avenue and East 100th Avenue; EXCEPT that portion thereof lying within the Subdivision of Fischer-Hoffman Tract; EXCEPT that portion thereof described in deeds recorded December 19, 1960 in Book 883 at Page 558, August 21, 1969 in Book 1539 at Page 239 and August 28, 1973, in Book 1884 at Page 850 and EXCEPT any portion thereof that may lie Westerly of the West line of that tract of land described in deed recorded December 9, 1960 in Book 882 at Page 335. County of Adams, State of Colorado. Note: Land referred to in deed recorded in Book 883 at Page 558 described as follows: A parcel of land located in the SE 1/4 Section 14, Township 2 South, Range 67 West, 6th P.M., described as follows: BEGINNING at a point which is 2640 feet South and 30 feet West of the Northeast corner NE 1/4 Section 14, Township 2 South, Range 67 West; thence West 960 feet, thence South 1320 feet, thence West 1220 feet, thence South 1290 feet, thence East 2180 feet, thence North 2610 feet to the POINT OF BEGINNING; NOTE: Land referred to in deed recorded in Book 1539 at Page 239 described as follows: That part of the Southeast quarter of Section 14, Township 2 South, Range 67 West of the 6th Principal Meridian, Adams County, Colorado, described as follows:

-2-BEGINNING at the Southeast corner said Section 14; thence North 90 deg. 00 min. 00 sec. West on an assumed bearing along the South line said Southeast one-quarter a distance of 1013.00 feet to the TRUE POINT OF BEGINNING; thence continuing North 90 deg. 00 min. 00 sec. West along said South line Southeast one-quarter a distance of 1188.57 feet to a point 430.00 feet Easterly of the Southwest corner said Southeast one-quarter; thence North 00 deg. 06 min. 30 sec. East along a line parallel to the West line said Southeast one-quarter a distance of 1320.00 feet; thence North 90 deg. 00 sec. 00 min. East, 1189.14 feet to a point which is 1013.00 feet West of the East line said Southeast one-quarter; thence South 00 deg. 08 min. 00 sec. West along a line parallel to the East line said Southeast one-quarter a distance of 1320.00 feet to the TRUE POINT OF BEGINNING, EXCEPT the South 30.00 feet thereof. NOTE: Land referred to in Book 1884 at Page 850 described as follow: BEGINNING at a point 30 feet North and 669 feet West of the Southeast corner of the Southeast quarter of Section 14, Township 2 South, Range 67 West of the Sixth P.M., County of Adams, State of Colorado; thence North, a distance of 1290 feet, thence West, a distance of 344 feet to an existing pin; thence South a distance of 1290 feet more or less, to a point 30 feet North of the South line of the Southeast quarter of Section 14; thence East and parallel with the said South line, a distance of 344 feet to the POINT OF BEGINNING. PARCEL B: That part of the NE 1/4 of Section 14, Township 2 South, Range 67 West of the 6th P.M., lying Southeasterly of U.S. Highway No. 6 and Southerly of the South lines of those tracts of land described in deeds recorded November 5, 1967 in Book 1361 at Page 76 and June 3, 1982 in Book 2649 at Page 750, EXCEPT that portion thereof lying within Peoria Street and EXCEPT that portion thereof described in deed recorded December 19, 1960 in Book 883 at Page 556, County of Adams, State of Colorado.

-3-NOTE: Land referred to in Book 1361 at Page 76, described as follows: That part of the NE 1/4 of Section 14, Township 2 South, Range 67 West of the 6th P.M., described as follows: BEGINNING at the East Quarter Corner of said Section; thence Northerly, along the East line of said'Section, 450 feet; thence Westerly, on an angle to the left of 89 deg. 40 min. 08 sec., parallel with the South line of said NE 1/4, a distance of 990 feet to the TRUE POINT OF BEGINNING; thence Westerly, parallel with said South line, 1298.14 feet to the Easterly right of way line ofColorado State Highway No. 2; thence on an angle to the right of 131 deg. 46 min. 08 sec. and along said Easterly right of way line 1313.94 feet to a point 1430 feet North of the South line of said NE 1/4; thence Easterly on an angle to the right of 48 deg. 13 min. 52 sec., parallel with the South line of said NE 1/4, a distance of 417.23 feet to a point 990 feet West of the East line of said NE 1/4; thence Southerly, on an angle to the right of 89 deg. 40 min. 08 sec. and parallel with said East line, 980-feet to the TRUE POINT OF BEGINNING. NOTE: Land referred to in Book'883 at Page 556 described as follows: A parcel of land located in the NE 1/4 Section 14, Township 2 South, Range 67 West, 6th P.M. described as follows: BEGINNING at a point which is 2190 feet South and 30 feet West of the Northeast corner NE 1/4 Section 14, Township 2 South, Range 67 West, thence West 630 feet; thence South 450 feet; thence East 630 feet; thence North 450 feet; to the POINT OF BEGINNING. NOTE: Land referred,to'--in Book 2649.at Page 753 described as followsi" A parcel of land in the Northeast 1/4 of Section 14, Township 2 South, Range 67 West of the 6th Principal Meridian, Adams County, Colorado, described as: BEGINNING at the East 1/4 corner of said Section 14; thence North 00 deg. 00 min. 00 sec. East, on an assumed bearing along the East line of said Northeast 1/4, a distance of 520.00 feet; thence North 89 deg. 40 min. 08 sec. West, parallel with the South line said Northeast 1/4 a distance of 30.00 feet to the TRUE POINT OF BEGINNING; thence continuing North 89 deg. 40 min. 08 sec. West, a distance of 960.00 feet; thence North 00 deg. 00 min. 00 sec. East parallel with the East line of said

-4-Northeast 1/4 a distance of 910.00 feet; thence North 89 deg. 40 min. 08 sec. West a distance of 417.23 feet to a point on the Easterly right of way line of Colorado State Highway No. 2: thence North 42 deg. 04 min 00 sec. East along said Easterly right of way line a distance of 250.85 feet; thence North 42 deg. 24 min. 20 sec. East continuing along said Easterly right of way line a distance of 204.10 feet to a point on the South line of the Public service Company right of way; thence South 89 deg. 32 min. 10 sec. East along said South right of way line a distance of 1071.55 feet to a point on the West right of way line of Peoria Street; thence South 00 deg. 00 min. 00 sec. West along said West right of way line and parallel with the East line said Northeast 1/4 a distance of 1246.21 feet to the TRUE POINT OF BEGINNING. Hoffman Tract The land conveyed by Warranty Deed dated January 30, 1991, from Clifford R. Hoffman and Joan Hoffman to Shell Oil Company recorded in Book 3748, Page 201, and more particularly described as follows:
Block 2, Fischer-Hoffman Tract Adams County, Colorado
as known by street and number as 9925 Peoria. A, Maul Tract The land conveyed by Warranty Deed dated January 24, 1991, from Albert L. Maul and Evelyn F. Maul to Shell Oil Company recorded in Book 3747, Page 424, and more particularly described as follows: That part of the Northeast 1/4 of Section 14, Township 2 South, Range 67 West of the 6th P.M., described as follows:
BEGINNING at a point which is located 2190 feet South and 30 feet West of the Northeast corner of said NE 1/4; thence West a distance of 630 feet; thence South a distance of 450 feet; thence East a distance of 630 feet; thence North a distance of 450 feet to the POINT OF BEGINNING Adams County, Colorado
as known by street and number as 10021 Peoria Ohle Tract The land conveyed by Warranty Deed dated February 21, 1991, from Albert H. Ohle and Barbara J. Ohle to Shell Oil Company recorded in Book 3755, Page 441, and more particularly described as follows:
A tract of land located in the SE 1/4 of Section 14, Township 2 South, Range 67 West of the 6th P.M., described as follows:

-5-Beginning at a point 30 feet North and 669 feet West of the Southeast corner of the SE 1/4 of said Section 14, thence North, a distance of 1290 feet; thence West, a distance of 344 feet to an existing pin; thence South, a distance of 1290 feet; more or less, to a point 30 feet North of the South line of the SE 1/4 of said Section 14; thence East and parallel with the said South line, a distance of 344 feet to the Point of Beginning, County of Adams, State of Colorado,
as known by street and number as 11841 E. 96th Avenue. Werth Tract The land conveyed by Warranty Deed dated January 30, 1991, from Ronald J. Werth and Virginia A. Werth to Shell oil Company recorded in Book 3749, Page 985, and more particularly described as follows: All of Block 2, Wagner Tract Adams County, Colorado
as known by street and number as 9755 Peoria Street.
Holstine Tract The land conveyed by Warranty Deed dated February 22, 1990, from Byron W. Holstine to Shell Oil Company, recorded in Book 3650, Page 425, and more particularly described as follows:

TnAT PART OF THE SOVTHE^ST 1/4 OF SECTION 14, TOWNSHIP 2 SOVTH# RANGE 67 WC9T Or THE 6TH PRINCIPAL MERIDIAN* ADAMS CCKONTY@ COLORADO DESCRIBED AS: NEVINNING AT THE SOVTHEAST CORNER OF 3^10 SECTION 24, TH9WC6 NOR+H VO DECREES 00 MINUTES 00 SECONDS WCST 004 AN ASGWWV RCARtNQ ^LONQ*THE 30VTM LINE SAID SOUTHEAST If4 A DISTANCE OF 12SO.&7 FIMT TO THE TRUR-POINT OF NEGINNING1 THENCE CONTINUING NORTH TO DEGREES 00 M:NUTE$ 00 SECON03 WEST ^LONQ 6^90 SOUTH LINE SOUTHEAST 114 A DISTANCE OF 313.23 F9*T TO A POINT 767.67 FELT EASTERLY OF THE 8OVTHWE6T CORNER SAID SOUTHEAST 1/4j THENCE NORTH 00 DECREES 04 MINUTES 30 8ECONDS CAST ALONs A LINE PARALLEL To THE WEST LINE SAID SOUTHEAST 1/4 A DISTANCE OF 1320.00 FEET1 THENC9 PMTH-90 DECREES 00 MINUTES 00 SECONDS EAST, 013.90 FEET TO A POINT WHICH 15 1330.4p7 FEET WEST OF THE CAST LINE SAID SOUTHEAST 1/41 THENCE SOUTH 00 DECREES 08 MINUTEG 00 SECONDS WEST ALONQ A LINE PARALLEL TO THE EAST LINE 0^10 SOUTHEAST Jf4s A DISTANCE -OF 1320-00 r=T TO THE TRUE POINT OF NEGINNING EXCEPT SOUTH 30.00 FEET THEREOF.

Lambert Tract That land conveyed by Warranty Deed dated August 17, 1989, from Markus H. Lambert and Myra D. Lambert to Shell Oil Company, recorded in Book 3594, Page 10, and more particularly described as follows:

-6-

### THAT PART OF THE SOUTHEAST 1/4 SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 2 SOUTH, RANGE 67 WUT OF THE 6TH PRINCIPAL PWAIDIANO MORE PARTICULARLY DESCRIBED AS 

### FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 14; THENCE NORTH ALONG THE EAST LINE OF SAID SECTION 14, A DISTANCE OF 30 FEETj THENCE NORTH 89 DEGREES IS MINUTES WEST# A 

### DISTANCE OF 669 FEET TO THE TRUE POINT OF BEGINNINGj THENCE NORTH, A 

### DISTANCE OF 340.31 

### FEETj THENCE SOUTH 89 DEGREES 18 MINUTES EASTo A 

### DISTANCE OF 320 FEETj THENCE 

### SOUTH. A-DISTANCE OF 340.31 FEETi THENCE NORTH.89 DEGREES IS 

### MINUTES WEST, A 

### DISTANCE OF 320 FEET TO THE TRUE POINT OF BEGINNING, COUNTY 

### OF ADAMS, 

### STATE OF COLORADO.
AND THAT PART OF THE SOUTHEAST 1/4 SOUTHEAST 1/4 OF SECTION 140 TOWNSHIP 2 SOUTH, RANGE 67 WEST OF 

### THE 6TH PRINCIPAL MERIDIAN. 

### MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 141 THENCE NORTH ALONG THE EAST LINE OF SAID SECTION 14, A DISTANCE OF 30 FEETi THENCE WEST, A 

### DISTANCE OF 30 FEET TO THE TRUE POINT OF BEGINNINGj THENCE NORTH 89 DEGREES 18 MINUTES WEST, A DISTANCE OF 319 FEETj THENCE NORTH, A 

### DISTANCE OF 340-31 FEETj THENCE NORTH 89 DECREES 18 MINUTES WEST, A 

### DISTANCE OF 320 FEETj THENCE NORTH* A DISTANCE OF 410.10 FEETj THENCE SOUTHEASTERLY, A DISTANCE OF 653. 2 FEET TO A POINT WHICH 15 30 FEET WEST OF THE EAST LINE OF SAID SECTION 14 

### AND NORTH 01 DECREES 01 MINUTES EAST 

### A DISTANCE OF 615 

### FEET FROM THE TRUE' POINT OF BEGINNINGi THENCE SOUTH 01 DEGREES 01 MINUTES WEST, A DISTANCE OF 615 FVXT TO THE TRUE POINT OF BEGINNING, COUNTY OF ADAK8o STATE OF COLORADO.
also known by street and number as 11921 East 96th Avenue, Commerce City, Colorado

Maul Tract
That-land conveyed by Warranty Deed dated October 19, 1989, from Ronald-J. Maul -fo'-Miell-Oil Company, recorded in Book 3615, Page 7, and more -particularly described as follows: PARCEL A:
THAT PORTION OF THE SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 2 SOUTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN# ADAMS COUNTY, COLORADO- "ORE PARTICULARLY DESCRIBED AS: COMPENCI INC AT THE SOUTHWEST CORNER OF SAID SECTION 131 THENCE NORTH ALONG.THE WEST LINE OF SAID 

### SECTION 13# A DISTANCE OF 864.0 FEETj THENCE DEFLECTING RIGHT 90 DEGREES A DISTANCE OF 30.0 FEET M THE TRUE POINT OF BECINNINGi THENCE DEFLECTING RIGHT 40 DECREES 7 MINUTES,'.A DISTANCE OF 685.0 FEETj THENCE DEFLECTING LEFT 20 DECREES 40 MINUTES. A DISTANCE OF 575.0 FEETi THENCE DEFLECTING LEFT 9 DEGREES 03 MINUTES, A DISTANCE OF 150.0 FEET# THENCE DEFLECTING LEFT 10 DEGREES 20 MINUTES, A DISTANCE OF 79.0 FEETJ THENCE DEFLECTING LEFT 137 DECREES MINUTES 49 SECONDS. A DISTANCE OF 1353.89 FEETj THEME DEFLECTING LEFT 42 DEGREES 49 MINUTES 11 SECONDS# A DISTANCE OF 300.0 FEED THENCE DEFLECTINC LEFT 90 DEGREES, A DISTANCE OF 262.0 FEET TO THE TRUE POINT OF BEGINNING.

-7-PARCEL 9: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 2 SOUTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN# ADAMS COUNTY COLORADOj DESCRIBED AS BEGINNING AT A POINT ON THE WEST LINE SAID SECTION 13, SAID POINT BEING 1136.4 FEET NORTH OF THE SOUTHWEST CORNER OF SAID SECTION L3, THENCE EAST AT RIGHT ANGLES TO SAID WEST LINE OF SECTION 13, 330.0 FEETj THENCE DEFLECTING RIGHT 90 DEGREES 10.4 FEETs THENCE DEFLECTING RIGHT 90 DEGREES 330.0 FEET "ORE OR LESS TO A POINT ON THE WEST LINE OF SAID SECTION 131 THENCE NORTH ALONG THE WEST LINE OF SAID SECTION t3o 10.4 FEET MORE OR LESS TO THE POINT OF BEGINNINGe EXCEPT THE WEST 30.0 FEEI OF THE ABOVE DESCRIBED PROPERTY. also known by street and number as 9760 Peoria

Smaldone Tract That land conveyed by Warranty Deed dated August 17, 1989, from Thomas J. Smaldone to Shell Oil Company, recorded in Book 3594, Page 14, and more particularly described as follows: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 2 SOUTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN,ý DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 131 THEME EAST 2633.3 FEET ALONC THE SOUTH LINE OF SAID SECTION 13 TO THE SOUTH QUARTER CORNER OF SAID SECTION 131 THENCE NORTH 00 DEGREES 03 MINUTES EAST ALONG THE NORTH-SOUTH CENTERLINE OF 8AI1D SECTION A DISTANCE OF 227 FEETj TWENCE'NORTH 63 DEGREES 33 MINUTES WEST A DISTANCE OF 199. 6 FEETo THENCE NORTH 72 DECREES 33 MINUTES WEST, A'DISTANCE OF 122 FEETi THENCE SOUTH 64 DECREES 58 MINUTES WEST A DISTANCE OF 344 FEETi THENCE NORTH 89 DEGREES 52 mrNUTES WEST A DISTANCE OF 764 FEETi THFENCE NORTH 79 DEGREES 32 MINUTES WEST, A. DISTANCE OF 150 FEETi THENCE NORTH 70 DECREES 29 miNuTEs WEST A DISTANCE OF 573 FEETi THENCIt NORTH 49 DECREES 41 MINUTES WEST, A DISTANCE OF 683 FEE1j THENCE NORTH 139 DEGREES 48 MINUTES WESTs A DISTANCE OF 30 FEET TO THE WEST LINE Or $AID SECTION; THENCE SOUTH 00 DEGREES 12 MINUTES WEST, A DISTANCE OF 864 FEET, MORE OR LESS, TO THE POINT OF BEGINNINGs EXCEPT THAT PART OF THE SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 2 SOUTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 13) THENCE NORTH 00 DECREES 05 MINUTES EAST ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 13 A DISTANCE OF 227 FEETi THENCE NORTH 63 DEGREES 33 MINUTES WEST TO A POINT THAT 13 EXACTLY 60 FEET WEST OF SAID NORTH-SOUTH CENTERLINE OF SAID SECTION 131 THENCE SOUTH TO A POLNT ON THE SOUTH LINE OF SAID SECTION 13 WHICH IS EXACTLY 60 FEET WEST OF SAID SOUTH QUARTER CORNER OF SAID SECTION 13; THENCE EAST ALONG SAID SOUTH LINE OF SAID SECTION 13 A DISTANCE OF 60 FEET TO THE POINT OF BEGINNING, COUNTY OF ADAMS, STATE OF COLORADO. also known by street and number as 9610 Peoria

SRencer Iract That land conveyed by Warranty Deed dated August 17, 1989, from Dennis i. Spencer and Patricia L. Spencer to Shell Oil Company, recorded in Book 3594, Page 12, and more particularly described as follows:

-8-THAT PART OF THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 2 SOUTH, RANCE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION-14i THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST ON AN ASSUMED - BEARING ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4, A DISTANCE OF 1013.00 FEET TO THE TRUE POINT OF BEGINNINGs THENCE CONTINUING NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST ALONG SAID SOUTH LINE SOUTHEAST 1/4, A DISTANCE OF 337.67 FEET TO A POINT L290-90 FEET EASTERLY OF THE SOUTHWEST CORNER OF SAID SOUTHEAST 1/4s THENCE N13RTH 00 DEGREES 08 MINUTES 00 SECONDS EAST ALONG A LINE PARALLEL TO THE EAST LINE OF SAID SOUTHEAST 1/4v A DISTANCE OF 1320.00 FEET; THENCE NORTH 90 DECREES 00 MINUTES 00 SECONDS EAST, 337.67 FEET TO A POINT WHICH IS 1013.00 FEET WEST OF THE EAST LINE OF SAID SOUTHEAST 1/4; THENCE SOUTH 00 DEGREES 09 MINUTES 00 SECONDS WEST ALONG A LINE PARALLEL TO THE EAST LINE OF SAID SOUTHEAST 1/4, A' DISTANCE OF 1320.00 FEET TO THE TRUE POINT OF VEGINNINGi EXCEPT THE SOVTH 30.00 FEET THEREOF# COUNTY OF ADAMS# STATE OF COLORADO.

-9-EXHIBIT C
RELEASE OF RESTRICTIVE COVENANTS

By paragraph 1 of Declaration of Restrictive Covenants dated as of February 2, 1996 (the "Declaration"), filed for recording A,1996, and recorded under Reception No. in Book at page of the real property records of Adams County, Colorado, Shell Oil Company, a Delaware corporation ("Shell"), granted a restrictive covenant for the benefit of the United States of America and the State of Colorado

(the "State"), prohibiting the construction of groundwater wells on the land in Adams County, Colorado described in Exhibit A attached to the Declaration (the "Land") and screened in the unconfined flow system, all as more fully described therein. Neither the United States of America nor the State have assigned any of their rights under the Declaration.
The Army, the State, and EPA have all acknowledged that the conditions specified in paragraph 6 of Appendix B, Attachment 3 of the offpost Record of Decision for release of the covenant in paragraph 1 of the Declaration have been satisfied.
IN CONSIDERATION of the foregoing and of other good and valuable consideration, the receipt and sufficiency of which the parties acknowledge, the United States of America, through the United States Department of the Army, and the State hereby release and quitclaim to Shell and its successors and assigns all their right, title, and interest, if any, in and to the Land insofar as they relate to paragraph 1 of the Declaration.
The covenant granted under paragraph 2 of the Declaration is in full force and effect and is not affected by this instrument.
EXECUTED this day of 1120_.
FOR THE UNITED STATES OF AMERICA By the Department of the Army

By Title:

C-1FOR THE STATE OF COLORADO By the 

### Colorado Department of Public Health and Environment

B
--- Title:

STATE OF ss. COUNTY OF The foregoing instrument was acknowledged before me this day of - 1120-, by 11as of the United States Department of the Army, on behalf of the United States of America. Witness my hand and official seal.

Notary Public My commission expires:

STATE OF ss. COUNTY OF The foregoing instrument was acknowledged before me this day of - 1 20 by I as of E-he Co-lorado Department of Public Health and Environment, on behalf.of the State of Colorado. Witness my hand and official seal.

Notary Public My commission expires:

C-2SCHEDULE 1
CSRG 

### PQL Analyte (ppb) (ppb)
Aldrin 0.002 0.05 Arsenic 2.35 Atrazine 3 Benzene 3 Carbon tetrachloride 0.3 0.99 Chlordane 0.03 0.095 Chloride 250,000 Chlorobenzene 25 Chloroform 6 CPMS 30 CPMSO 36 CPMS02 36 DBCP 0.2 DCPD 46 DDE 0.1 - DDT 0.1 1,2-Dichloroethane 0.4 1.0 1,3-Dichlorobenzene 6.5 Dieldrin 0.002 0.05 DIMP 8 Dithiane 18 Endrin 0.2 Ethylbenzene 200 Fluoride 2,000 Hexachlorocyclopentadiene 0.23 Isodrin 0.06 Malathion 100 NDMA 0.007 0.033 1,4-Oxathiane 160 Sulfate 540,000 Tetrachloroethylene 5 Toluene 1,000 Trichloroethylene 3 Xylenes 1,000

CSRG Containment System Remediation Goals for the Offpost Groundwater Intercept and Treatment System PQL Practical Quantitation Limit (presented only when the PQL is greater than the CSRG)
For purposes of the covenants in paragraphs 1 and 2 of the Declaration of Restrictive Covenants, the appropriate standard for a given analyte is its CSRG or its PQL if the PQL is greater than the CSRG.

1-1SCHEDULE 2 WELLS

37062 37065 37071 37076 37081 37083 37085-Den 37106 37116 37319 37338 37369 37370 37377 37378 37390-Den 37391 37392

2-1