Appendix 0

INSTITUTIONAL CONTROLS

M9800113

500920-3
1.0 OFFPOST INSTITUTIONAL CONTROLS

Tlus Appendix to the Rocky Mountain Arsenal (RMA) Final Offpost Operable Unit (OU) Record of

Decision (ROD) presents the institutional controls for the Offpost OU selected remedy. The combination

of Alternative N-4 and NW-2 is identified as the selected remedy in the ROD and the Final Offpost

Endangerment Assessment/Feasibility Study (EA/FS) for the RMA Offpost OU and is described fully in

the Section 9.0 of the ROD and in the EA/FS. The ROD identifies the following objective for institutional

controls as a component of remedial action in the Offpost OU: prevention of the use of the ground water

underlying areas of the Offpost OU exceeding groundwater containment system remediation goals .

The State of Colorado and the local S wernmental agencies that have regulatory authority over certain

activities in the Offpost OU land area have several current regulations that significantly limit or prevent

use of the groundwater from the alluvial aquifer. Attachment 1 (Controls of Alluvial [Unconfined]

Aquifer Use, RMA Offpost Operable UrUt) drid Atldchment 2 (Land and Water Use, Management, and

Approval Processes - Adams County. City of Brighton. Commerce City) provide the current regulations

applicable to groundwater use. well coristruzlion. build.-nS permits, and zoning requirements. Attachment I parlicularly describes tbe, institutional controls relied upon to meet the 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, rn in I [.;.it,ih1% Act of 1980, as amended (CERCLA), 42 U.S.C.

E9601 I s,-q ind the National Con%nc-n -. P1 in (V__P1. 40 CFR Part 300.

'21905 402010 Harding Lawson Associates B-1-1

1007121495 R02
2.0 THE USE OF INSTITUTIONAL CONTROLS UNDER CERCLA

Section 121 of CERCLA requires that EPA select remedial actions that assure protection of human health

and the enviroriment. 42 U.S.C. § 9621. EPA has recognized that this protection can be achieved

through a variety of methods, including institutional controls (Preamble to the NCP, 55 Fed. Reg. 8666,

8703 [March 8, 1990]; 40 C.F.R. § 300.430[al [1] [iiij [C]). Institutional controls may be an integral

component of a remedy that is necessary for such remedy to achieve CERCLA's protectiveness mandate.

(See for example, Preamble to the NCP, 55 Fed. Reg. at 8703, 8706, 8711, and 8734). Additionallv,

institutional controls may be a component of a completed remedy to protect human health and the

environment from treatment residuals and untreated wastes. (40 C.F.R. § 360.430[a] [11 [IIIJ [C)-[DI).

Institutional controls are a necessary supplement when some waste is left in place, as it is in most

response actions (Preamble to the NCP, 55 Fed. Reg. at 8706).

EPA identifies examples of institutional controls in the NCP Preamble, and expressly acknowledges that

institutional controls have a valid role in CERCL-\ cleanups:

Examples of institutional controls. which generally limit human activities at or near facilities

where hazardous substances. pollutants. or contaminants exist or will remain 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 a valid role in remediation and are allowed under CERCLA (e.g., 55 Fed. Reg. at

8706. section 121jdjj2j[B]!kkj).

Within runety days of the issuance of the Offpost ROD. the Army will issue an Implementation Plan

which %vill contain a schedule for finalization of the Institutional Controls provided for in the ROD. 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 be enforceable as provided in CERCLA Section 310 and the FFA.

'21905 402010 Harding Lawson Associates B-2.1

1107121895 R02
3.0 SITE DESCRIPTION

A detailed description of the Offpost Study Area is presented in Section 1.0 of the ROD and in the

EA/FS. The Offpost Study Area was defined to include the area bounded by 80th Avenue, the South

Platte River, Second Creek, and the north and northwest boundaries of RMA. The Offpost Study Area

also includes the surface waters of Barr Lake, the O'Brian Canal, and Burlington Ditch from 80th Avenue

to Barr Lake.

The Offpost OU is a portion of the Offpost Study Area north of RMA. The Offpost OU consists of the

area within the Offpost Study Area that requires remediation; specifically, the groundwater containment

svstem remediation goals exceeding cleanup standards.

'21905 402010 Harding Lawson Associates B-3-1

1107113095 R02
Aftachment 1

CONTROLS OF ALLUVIAL (UNCONFINED) AQUIFER USE

RUA OFFIXOST OPERABLE UNIT
Attachment I

U.S. Department of the Army

Telephone No: (303) 289-0202

1. The Army will provide the Office of the State Engineer, State of Colorado, with a map identifying

those areas in the Offpost Study Area where groundwater could potentially exceed containment

system remediation goals. 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 Army will inspect, or oversee inspection, of ali well construction activity to

moaitor conformance with the State Board of Examiners well drilling regulations.

3. The Army wffl fund analytical sampling of any future domestic well constructed in the area of

contamination, if requested.

4. The Army will provide Commerce City, the City of Brighton, and Adams County officials with

the same map (as described in item No. 1) provided to the Office of the State Engineer. The

Army will make arrangements with these governmental agencies to ensure that the map is used

in the most effective manner possible to reduce exposure to potentially contaminated

groundwater.

5. For new domestic wells with DIMP levels of eight ppb or greater (or other 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 of exposure 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 I ii 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% %h ill 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 R02
Attachment I

Colorado Department of Natural Resources

Office of the State Engineer - Contact: Steve Lautenschlader

1. Alluvial groundwater in the Operable Unit is part of the South Platte River Flow System (which

is over appropriated). Therefore new large appropriations (uses) will not be approved without

appropriate augmentation plans (replacing the water to be used with water from another aquifer

or another off site source). Augmentation plans are often quite expensive and hard to get

approved due to the associated requirements.

2. On parcels less than 35 acres created prior to June, 1972 - One permit for a well. is allowed under

a presumption of no injury to other holders of water rights [CRS 37-92-602(3)(b)(U)(Afl. This

well is allowed for used inside of one dwelling only and may be from any aquifer.

3. On parcels less than 35 acres not created prior to June, 1972 - This land would only come into

existence by being subdividedZd would therefore have to go through the County or City

subdivision process and meet applicable regulations (CRS 30-28-101 - a.ka. SB 35). Prior to

issuance of any permit a water rights and/or an augmentation plan would have to be submitted

and approved by "water court." (CRS 37-90-137(1) et seq. and/or CRS 37-92-302(2), et seq.).

4. On parcels greater than 35 acres - Permits may be issued serve up to 3 homes, irrigation of up to

one acre of home gardea and lawn (person use) and watering of domestic animals and/or

livestock. This use is also ailowed under a presumption of no injury to other holders of water

rights [CRS 37-92-602(3)(b)(U)(A)].

5. Permits will be issued for replacement (into the same aquifer) of currently permitted or adjudicated wells as requested. (CRS 37-90-137(l). US 37-92-602(3).)

6. All wells installation must be done in compliance with State of Colorado, Office of the State

Engineer. State Board of Examiners of Water Well Construction and Pump Installation Contractors. Revised and Amended Rules & Regulations of the Board or Examiners of Water Well

Construction and Pump Installation Contractors (2 CCR 402-2) (most current version).

7. The Office of the 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 of the 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 of potentially contaminated groundwater.

8. Th- Office of the State Engin----r %vill :(,nIa I th- 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 - New Service Area -

February 1992. Application for Service. as well as, Petition for Inclusion within the Boundaries

Al -2 Harding Lawson Associates '21905 402010

1107121495 R02
Attachment I

of the District both require that the Property/Parcel owner convey all rights to groundwater for

each Parcel or Subdivision Parcel to the District upon inclusion 14.0 (4.1.3) & 5.0 (5.1.3)]. The

District may at its sole discretion abandon right conveyed to 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)dsting Service Area -

January 1992 (Updated February 24, 1993). Application for Service, as well as, Petition for Inclusion within the Boundaries of the District both require that the Property/Parcel owner convey all

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 discretion abandon rights conveyed to it and

Physically abandon the wells in accordance with the above referenced State of Colorado Water

Well Regulations [5.1 (5.1.4)].

3. It is the policy of SACWSD not to 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 of Commerce City. Adams County, City of Brighton, 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 major line. This Agency is intended

I ---% --nl hti-- overlap and enCOUrdge Lritergovernmerildl cooperation.

Tri-County Health Department

C )-itj:i1v T, ni ti,i-% ,r %%'arTen Brown

R-- ' culalion NO I-W In fi%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 to Title 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% % ;I it A Wan 400 f+-et of the 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 -within the Citv ,I Commerce City

-South of 120th Avenue whil,- li.ghway 2 and then further north to the east.

'21905 402010 Harding Lawson Associates Al -3

1107121495 F02
Attachment I

"Commerce City Code - Article V. Subdivisions". Section 17-105 - Water Facilities (a) General requirements. This section essentially defers water service issues to SACWSD for either connection to the

public water supply system immediately or in some cases allows use of individual wells or community

water systems until lines reach the subdivision when connection is then required. (see SACWSD above)

Building Code (UBC & UPC 1991) - Requires proof of water and sewer taps (or well permit & approved

septic system application) prior to issuance of building permit.

City of Brighton

Contact(s): Chief Building Official, City Planner

- Areas north of 1 20th Avenue including the triangular area between Peoria and State Highway 51, north of 112th/Highway 2

"Land Use and Development Regulations and Guidelines" (Zoning Regulations)

"Subdivision Regulations" Section V, (B.) The subdivider is required to provide and connect the

following utilities (Water lines and fire hydrants, Sanitary sewer lines, ...) to existing public systems.

Building Code (UBC & UPC 1991) - Requires proof of water and sewer taps (or well permit and approved

septic system application prior to issuance of building permit.

Water & Sewer service are provided by Brighton Utilities Department within the City. Connection to the

murucipal water system may be recommended for developments within two miles of the current City.

However, staff recommendations may not be included as part of the final approval by the City Council.

Adams County

Contact(s): Planning Dept., Director of Planning and Development, Building Dept.

Remainder of Lands in the Offpost OU not in Brighton or Commerce City

Se(- attached *Development Review Overviewý'

Adams County Zorung Regulations

Adams County Subdivision Regulations

Builling Code (UBC & UPC 1991) - Requires proof of water and sewer taps (or well permit and approved

sýp!r: system application) prior to issuance of building permit.

Staft r-commends connection to public water and sewer if with a reasonable distance, however, these

r-c,,rumendai ions ma% not be retained by either the Planning Commission or Board of County

Commissioners.

Al -4 Harding Lawson Associates '21905 402010

1107121495 R02
Attachment 2

LAND AND WATER USE, MANAGEMENT, AND APPROVAL PROCESSES

ADAMS COUNTY, CITY OF BRIGHTON, COMMERCE CITY
Ads= CountY

Lmd =d Water Uqcý Management and Approvid Proe"M

Is the yroperm R=gft =ied fnrbR im=ded use?

ya Ahneaw No*

(U30 by Ri&) Seek approval for C=Wif=d SeekR=m3ing

Tbis, n== do -&mad use use This requir a soffmview; a

is appropriate based an the Ibis req=vs a staffreview. a PL=cmg ComnnsPon hewmg

currem =mmg of dw properw PL==g Conzmmm h=m and an Rvmvg by ft Board

zod an mnoval by Ilm Board ofCounly Cn=ý MrS

ofCOUMyr "Mic6m.-M

ProceedtotheBlArN DeparunemifApproveid

Coaddians may be pla=d ar removed as pat of zbe approval of &e use at the PI

Coamnssim or Baud of Couiny Cam:miwiwers levels.

Comm=n am schcrted fmm odw Agamews; (local and sme)

Buildin Deparcmm=

Budcfmg permit process (UBC 1991, UPC 1991)

A ,za= wzz= md mcd3od of sewage doposal we required

pEiar to Lnum= of a Bmldmg ftmait

Waxer Sewer

Public Wa= Supply Public Sewer

Cuatudy u%-;,ble ca =e Curremly wivilable an s:ýz

Yes Yes

Mgbmm or SACWSD Bdgh= or SACWSD

No NO

CziocadD DaPmrmu= of Nzwral Rcsourom Sepdc system(TCMD)

Off= Ct ft SM: Fn Weil pCM= wia

be &=md if ;ssucd

CQMIm=Mrty Weil system

Pfivwx We7d
City of Brighten

Land and Water Um Management and Approval Proce&vs

is the gm= jzMaly zoned for the intended use?

yes Au"e No&

(Use by Ri&) Seek approval for Seek Rezoning

This m=w the intended use Conditional Use This requires a staff review,

isapprapdin based onthe Tbisequiz astaffreview, a Pl*-rin C . .on

cumut zming of the a Plzrzoing Cornmi3sion hearing and an approval by

property hearin and an approval by the city Council

the Cirv C uncil

Proceed to the BuDdiag Department if Approved

Coniftoot may be placed or removed on the property use at the Planning Commission or

city Council level&

C are solicited ftm other Ageti-as (local and state)

Bdkrmg Department

Building permit proce= (UBC 1991, UPC 1991)

A wuw source and nxdwd of wwage disposal are required

prior to im,- of a Building Permit

Water Sm"

Public Water SW* Public Sewcr

Curready available an site Currently available m site

Yes Yes

Bfigh= Uu-Bf= Br*l=n Urflities

No No

Brighton UtII;t;M Brigbion UtiW=

Frtmd mains after &pprvv&l Ruendxmin after approval by the

Ads= Counry Water Quality Association

No

Czkuzdo Department of'Nimra I No

Resources, Septic. System (TCHD)

Office of the State Fzgýnacr WcU perwat

will be fiagged if kstwd

Conmwnity Wel Syst= or Priv= WcI
Commerce (3ty

LandAnd Water Use, Lru,6 and ApproW Procenes

Is the 2M2= 2Tq=fy zaced fm the kaeuded we

Y" ALr me*

(UwbyRi&) Seek ýVoval for SGIk P,=D=g

This meam the intended use ise Thu requaw a Stiff review,

is qMropnge basedOU ft This =Wýs a staffrwhew, a Planning Cmnzwlion

Carrew Zoning Ofthe a P C;onnnhabon beedn and an approval by

Property hcuiwzýgý w q*wval by the City C=noil

the Council

Prooeed to the icr Departmesn if Approved

rV,.fiti may be placed or rcmoyed ol the propany un at the Plx=ing r-wranissino or

city Council levelL

am solicited from othm ASeo =es (local and s=)

Bundiag n I

BUUdi33g permit proýiw (6BC 1991, upc 1991)

A water sow-ce and moth )d of smage disposal art rcqx&-ad

x prior to U*Muad'= of a. Buffifin Perzah

Watcr er

Public Walcr Supply Public Sewer

Currenity avzilable on site Cwrenfly availaW on ske

Yes Yes

SACWSD SACWSD

No No

SACWSD SACWSD

Extend mains after approval by SACWSD Extend ma= after approval by the

Adams County Wala Quabty kwmmon

No

Colomdo Depar== of'N&"=' No

R.esources, Scpdc Sysum. (rC:HD)

Offi= of the Stale Engineer Well permit

wM be flagned if isnLed

Conmnunity Well Syst= or Private WeR

until SACWSD i3 &Vl&blC
j 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 or regional indffitv. (2) The applicant zbzIl agree, as a cOudition Of

aVproval for au individual well or central

(7) The ciL7 X-Einy, WIMM it CoUsiders it to a =1;41ir ktb sah!ty, or weifare Water SYSOM96 that

necess;uT for lim imm WE= TnRFM VV .-MaRy shall be zrovide& ic; ;V"4"A Couc rVation of of the hl ge:n== for ATrivm and smi- The ME-yrt Sh&U waCer fin r WSM MrVice at the tune the Plat %ary facl-Ittim F J;; the subdivision, Of romm final approval. C4nemal =RY be

any pardon. oL-the proper-CY whicil lieB requiz to ensure C=qffiance- within the B jjým of any screm or

ca==.:FIx4plain =cas shall bee (Ord- No. 1MS, § 3, 6-21-93)

prem ft==_=7 and all destro:tion or

Asung resubiztg fr= AV-Prinz

or oLearth or oth nzazeriaLs- Sec. 17-10& SeWCM98 fMM3'6c&

(Ore- No. 1026, § L-6-21-93) (a) Gourd FRP*=z0z=

(3.) The Suph-=ut Shan ingan samicary sewer

SM r-IM waterfad'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 shall eX=Md CL- a2m ' P' - AIL Plans shall be demgned

=hie wa= SUFPIY SYSU= ==-'- of pro- M acwrd=m with the rules and regula-

"=Mg =aes= Water use and fire Pro tions and st=dar& of the South Ada=s

tion, a=ardixLg to approval by the Cunty Water and qMM±aI3 u District a=

avprg-,,_-=ze fire districz and the South the Tri-countY EEM'++' Depar=FMt Plans

Ad=as Cam=y Water and Smdýrm Dis- shallbegpp, by-theseagen=wsPM=t0

approval ofthe finalpIstby the =y ==C31-

[2) Where a pubbr- w8le! 'Ma" is 'Ess:ffilp (2) The wpplicant ShAll elten-4 the sanitarY

the Mioc_ rivui 2*er ZiIRII iTTM11 aciecruxt" vra= sewer =&Ut Sysw= for the purpose of

fam-Fitipq duJjUdi=g fire hydran= sub*= ... WWerage &M-lib to the sunchto the Sucificaticyn of the SouZJI AdZZCS visioý =bjed to the provisions of paracaunzy Wet= and Razzirminan a= gzph (b) below.

the appýZe f1re dilý=

(3) All vr=Cý T"Rin shall be a yn of (b) Co=zcci= to So=* Ad== C==Y W011 . . (81, in ch . and shall be and s=izcý Disvict

s=jea to approval of the Scuth Adz= (1) If South Ada= Camcjz7 Water 2nd 512nilCao=_ý W mid DL== ana tim DLc=im fnrni+i are a=essfiAe and a

týie amxrophate fire dis==- S===Y sewer is claced in a = P PI or esso'

(b) Jndiriý ZDeU-s. c=M=1 =,zr "=,2ns- Me= ==mgup= the =pen7, the owner

thereof shall be required to connect to the

M At the &=e== of South Ad=,s CouutY -ewer for the purpose of AiSPOsin Of wasm

W =d _q on Dis=.r- =AivLdu3I I it shall be unbwful for SPY SUCn Own"'

webs Do used or a cm=-?j W=M' SYSU= or occupant to innintain an individual

am M such 2L =m= th= an a&- sewage disposai

quate s=pM of potable waL,- vnU be available to eveiy lot in the saodivLsic= Water (2) Where S=th Adazas Co=ty Water and

s== s=a be s===,ed to the TTz-cmmxrY ;.mta,3= Dntrzct sr=e= are not reasonHeait.;,De==ne=andther.ar wa='Can- nly =essible, but wM be=ne avMIZdle

117;;
PLANNING AND JJZV

Dis=i= =d shall be ready for C=nw areas=ahle, tilm the =0jimt nzay tilt within tion to the public sewer -"rm wD'=

me a) of the fonownig 2h==Uives: =ain avagabl&

a- Cezgral, sewerage syscmm- the =xinte- b. 'For low-deDdkY resident=' (R-1) arms

rimmee cost to be assessed against each . I j* jr,"ga drzsposaj systens or centraJ

propaty hmmatted- Vbgwe plans for ww,,zp systms=rybe use&sMZb.*!d

hefl*= provideforthesouthAda=s to mmvval afthe South AAmnS C=n7

Co=UY Water and nn THstrict Wniýr and Samitatiom Dlstri&-

to Tnftan the Mwer lines the laterals Yvbmm individmal Aismml are proand of the dzvelop==z shall, be (4) posed, lot areas sWM caniam to

in cmg==Vmm with the plans of the the y vy"musts of the ZOEdM OrdiS33COM

Aismi and shall. be reac Rtim tests and test hoks =allbe

tiozi to the sewer of the anýp" efted by the Txi-CountY Health

hs mxhmi=ed to

di=icL and the resu=

b- In&vi&2A1 dimassi syscm= =.vvided dqn=mnt of com=cnity devel0P==L

the =phc=t shall The individual 6512,0801 sYmm, inckading

seý -6nmm, laterals and inizin &= - of the

the spy P , cmrb -to a Point in the Sub& the s=e of the septic tanks and =L

tile fields or oth= m==jary umamme= deViSi=bommd=ywhffea.fkz- vim chmn be approved by Tri-CountY

tz= with the Sciuth P- D==Ct Bmitki Depzrý ý Prior tO final --qqý

shanbe..mde sewer hzm shall be laid of the plat by the CMY cu=-'-

fr= the buJiddingto the cry 1 1 # line and (or& No. 1026, 11, s-21-93)

arýftm shall. be zvafi&We in the

===toc:c=ec:tfr=thejný al, sm 17-207. SidewaEks; and UWE&

disoosal By to the South Adz= W Remared

C==ry Water and -S Disteict (1) Sidewalks and crisabled ra:=rp access shall

sy== when it be==es&vzilable, Thee be imýmried witbin the dedicated numPzvesewer system shall be czp;, * until =.e= rje=.dwxy of an roa& as described

ready fiL- use and shall =zdw= to All in riesi= standards of the city. u-1

plams for i"stan2zirms of South Adzms . , by the cfty C=Mril as not being re-

, Sz==u:i= Discn= Vri"Vea

C=MT Water, Minn rmý ' forthe public health safety,andwel-

,.hm tbey yxist- and shall, be fare of the inhabitants of the citYfor ccxc2ec:d= to the sewer (2) ConcreM cUrbs md yrTp we required for

(3) Where Smxth A d s Ca=nzY Water and u where sidewalks am recpximd by

S=t=rm Di== fmcd-U14 are not rtzs=- tbis,rdr4 orwhererequiredatthediscreably aft-male. and will, not h - avail- ti= of the city cnncil for the public health

able w=Lm a reasonable == of tz= the saiety, and weUme ofthe inhýbitantS of the

aupu== =zy, at the dimi=v= of SoUZ), city.

Ada= C==cy Water and S===icm DL-,- In residential, sub&visizms, a Tnedism

== and with the apprum of TnZo=7 .3 _ - --1 or landscaped area at least five

Health Dq==wmT- izistall, sewerage sys- 01 grzssm

te= as fimaws: (5) feet wide shall sqmmte all sidewalks

fr= -dia CLUbs, irml vraiv by the

a. Forzcedix= and hi0t-densiW rezideý =y =acil as mot being required for the

tud (R-2, R-3) 2MA "rM--V!S36erTn21 areMM, pu]mUc healt], safetY, =d wtUam Of the iua ce==aj sewerage sy=mn shaU be in- linbitarmr, Of the city.

smi-,ed- The =Djj=t shall i-sra" all (b) Pedcm-ic= cccem

sewer lines iýý and to be

in cod==ance with ph= of the South (1) In ord= to fa peaescrzan access fr=

Ad= CcmrM-vW2=and -S1rni=rirr% the strefts to schools. park't- P1231ý ds

Sap;L No. 10 1171
'T .REG7U,L.ý TION NO 1-88

rqDWMU.kL SEWAGE: DISPOSAL SYSTE-"vIS

PromuJL7ated by thi!

Board of Health of the

Tri-Counry Health Department

Effective Date

February 1. 1988

Purs=t to Title 25. Artide 10,

paraLrrapn jo4. Colorado Revised Statutes

and Guidelines Adopted. by the

Colorado Department of He21th
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 f eet 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

D evelopment Review. Overview

A Citzen's Guideto the PrOCeSS Of Revie

Ap-Dlication for Land Development and 121--; Use

Permitang, for Adams CO1MtY
SuTn nary

This document is designed to ar a 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 of the County, 7he County does not have 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 staff aýdvises what action would need to be rnken to achieve the end result that is

desired.

2. A "ure-armfi cation 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" of land for a

new rwo-hundred acre subdii==L would require research by the staff to

be Imawiedge:ahl about a giv area or praperty 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

staff reac:tion to an appW== is likeiv to be. what we know about

the issues that are likeh- to affec: th= ipplicah n.

3. An appiicari n is subrmami. The staff reviews 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 gavernýn rnral 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-sm who can answer questu= about th 2pplimtf

5. Le =stt-ý&e m2iled out to property own=s near the sne of the

ITJ)J3lJC2:dCM 9Etbý case of Board of Adjustment bezUngs abutting PrM-=Tr

ers are-rri2fled letters. In the case of Planning Coznzaission and Board

of County t"Marrmussioner hearings. property owners withm at least 500 feet

are -nuaded letters. These distances -may be exparlded at the dmcretion of

the Coum:r.=i*_F_;",_

6. The ;kevievs the and wMes a written report with

consider2rWiE being 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 a final demsion on variances and speciaL

uses. The -PEknrdng Commission rankes a rem wmenri2tion to the Board of

Commi-,Monjý.ý- who. in tur= mair a final dem--:;-;.on -.n r=ozzing confiffirm-2173SIs subdivisions and catificates of flesuerny,"!--m. Mmment for- minor HiMý the Board,of Commissioners. the COEMMISS3012

and the Bbaiýd of Adjustment conduct thm bearm in a very-simil in==. First the staff intraduces the case wx a brief summary of what

'Is bemg applied for and provides the staff re --- 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 of the a=licabon. In

OPPOsLU= to IL-and any questiozi that the public b2s for tnkiýnation only. Often- questions. are isied by those who am spe2k-tng in favor or in opposition o=Just, for infa=ation- At the conclusion Of the public input portion of th= heartn& the :e persons (umally the 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 bv the board or connnin-Mon members and a.

motion for action on the appli;zrion is mnri by one of the members. A

majoritv vxme of the board'or commission is reautred for the motion to

pass. with one ==Mtion (see Glossary of Terms. Appeals of Adminic! rative Decmions).

The Phmning Cam=issicm

PL'Mnlng Commi ioners are cirizen aD. pomted by the Board of County Comm' sioners. -Mhev have three basic duties:

3.
1. To adopt and mnend. as appropriate. the County C p rehensive Plan

"bis Plan Is. the officiai pahcy of the County for how the County should

grow and develop (or rediveioip) 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. The Planning Commissionfiincti-_ s as a legmLadive, body when 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 of the 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. body when they peribrm 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 of I'mrmnissioners has the final decision-m2king authority on

regulatory arnentimen . The Planning Commission functions-as a

legm,12trye body when theT perform this duty.

The Bo=-d of Ckn=ty Ca=missi=ers

7he Counry Commissioners are the elected representauves of the 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 an all change of use 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 of Ading=e=

Board of Adjustment me=bers. Wce the Plarmin Commisrjoners. are

c=zcns appointed by the Board of Countv Ca=nismoners. -Me Board 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=t Demtment Stsff

The s ers of the Planning and D ousnerrt D wit (staff)

are employees=uf the County. Me DU-ec= of tbLe 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-sSarr OfIrerms

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 of PL=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 of theftve Board WAdjustm -

decLsion- ent members must vote :for the- reversal -of the

Certfficat -. oMesignaticn-A tvpe of use approval tb2t is limited to waste T= T12 PreMPT7t_operations such as 12neifill or waste irk er3,tors. Certtficate

of is a State of Colorado review proce that requires a

rec d2tiOn Of approval by the Colorado Deoartment: of Health before

the County--m2y grant a cernficam The &2:te'review involves tecbnical

considerations . concerning whether a proposed operation PVM be

I C 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 of one use does not togure

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 of land within a given 7,-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 of makin dedslon that is based on following

previously adopted rules of procedure- In the context of land develo fmt

review. It rn"mn a process for making those dedslans that enstwes thatall

parties have an opportunity to provide info=,avem =2n equal ham winch

is intended to influence thýe outcome of the 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 that all Darties to an application may have 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 of parcels. access puovLýsicmss and

roadway and dra=3age standards.

Subdivision-A legally recovn=.ed parcel of land. or collection of parcels 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 I M--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 -of up to oneirundred-eiszhty days on proper--ts W ten acres or less.

V"rignee-A vm=ce is authar:zed by the Board of Adjustment. 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

the Board of Adjustment to -adjust- the z=jn Standards to odate

for differences between the physical la:r= of lots so th2t all PrOP=tY

May by able to enjoy their propertl In2nequitablemannerZoning-The practice of P-q hmqd7f"g distdcts within a J that

allow specific uses to be conducted - under standards. in order- to establish

separation between uses which otherwise would conflictZon4?VV Map-The official map of the Co=ty that shows the b of

all zone distrtcts. The map is adopted by the Board of CO bv

EM and each change to the map is also adopted by 11y"nn - BodL

the nmp (whdch is really a collection of appr " " ixnately 80 sheets to coverthe entire Co=tv) and the resolution are recorded in the office of the

Counrv Clerk and Recorder.

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 that apply to any land use in All zone 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 atJ on") shat I I be at- the office of Scnz*.-.h Adirms- County Water and 

ColoradoSanitztton 6595 East 70th Avenue, Co=e--r--- city, 90037-0597 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 Associ ation 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

with J n twenty days a,.16.1-er receint of such request and --ha I I give the

,mmm ers; c:E7-th a 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 *the Morm rand= of

Understandin will =nt--ol.

IMF= BY-L&WS ADOPT= THT DAY OF 1991.

4
Clarification of Requirements

for the

Rocky Mountain Arsenal

Offpost Operable Unit

Final Record of Decision

Rocky Mountain Arsenal Superfund

Site

Commerce City, Colorado

June 1996
Rocky Mountain Arsenal Superfund Site

Clarification of Requirements

for the

Rocky Mountain Arsenal

Off Post Operable Unit

Final Record of Decision

June 1996

The purpose of this document is to clarify certain requirements contained on page Al-1,

Appendix B of the Rocky Mountain Arsenal Off Post Operable Unit Final Record of Decision

(Off Post ROD), which was signed on December 19, 1995. Page Al-1, Appendix B of the Off

Post ROD requires Shell Oil Company (Shell) to execute and record restrictive covenants to

eliminate potential exposure to contaminated groundwater underlying certain land owned by

Shell in Adams County, Colorado.

On June 11, 1996, Shell executed and recorded the Declaration of Covenants attached

hereto as Exhibit B of Appendix B, Attachment 3. On June 11, 1996, the United States

Department of the Army, Shell Oil Company, the State of Colorado, the United States

Environmental Protection Agency, and the United States Fish and Wildlife Service entered into an

Agreement, attached hereto as Appendix B, Attachment 3. The Agreement provides clarification

regarding the operation of the covenants placed on the Land, including provisions for release of

the covenants when certain conditions contained in the Agreement are met. The Agreement was

presented at meetings of the Site Specific Advisory Board of the Rocky Mountain Arsenal on

May 28, 1996, and the Restoration Advisory Board of the Rocky Mountain Arsenal on June 6,

1996. The Agreement is hereby attached to the Off Post ROD as Appendix B, Attachment 3.

Affirmation of Statutory Determinations

This Clarification of Requirements does not represent significant change to the selected

remedy. The selected remedy remains protective of human health and the environment, complies

with Federal and State requirements that are applicable or relevant and appropriate to this

remedial action, and is cost-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

3
If 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

4
negotiations, 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

5
EXHIBIT 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-1
Fischer 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-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 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-3
NOTE: 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-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 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-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.

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 P13 I NT 767. 47 r I-C I 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-6
THAT 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 FEE I i THEME DEFLECTING LEFT 90 DEGREES. A DISTANCE OF

262.0 FEET TO THE TRUE POINT OF BEGINNING.

A-7
PARCEL 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-8
THAT 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-9
EXHMIT B

ADAMS COUNTY

STATE OF COLORADO

CERTIFICATION

1, Robert Sack-, Clerk and Recorder of the Couno, ofAdants,

State of Colorado, do herety cerrifi, that the attached is afull.

true, and co e copof

as appears upon the records of ntv office.

Reception No. C) __I

Book,)Vo. Page No. -3

I have hereunto -set np, hand and affixed the Seal of the

CounV ofAdams, State of Colorado, this day of

"ýýtLA/k-k -A.D., 19'7 ý-at S, 70 o'clock 4m

Robert Sack

Clerk and Recorder
RECEPTION 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 -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:

-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 r ight 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:

B EGINNING 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 

TOWNSHIP 

PART OF THE SOUTHEAST 1/4 SOUTHEAST 1/4 OF SECTION 14,

MORE PARTICULARLY 

2 SOUTH, RANGE 67 WUT OF THE 6TH PRINCIPAL PWAIDIANO 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

POINT 

01 DECREES 01 MINUTES EAST A DISTANCE OF 615 FEET FROM THE TRUE' 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:

COMPENC I 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 11 20_.

FOR THE UNITED STATES

OF AMERICA

By the Department of the Army

By

Title:

C-1
FOR 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 - 11 20-, by 11 as

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-2
SCHEDULE 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.

1-1
SCHEDULE 2

WELLS

37062

37065

37071

37076

37081

37083

37085-Den

37106

37116

37319

37338

37369

37370

37377

37378

37390-Den

37391

37392

2-1