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REC~PTION NO. FO~~2b13 86.00 PG: 0001-017
230 RECORDED IN JEFFERSON COUNTY. COLORADO 7/11/97 1~:15:06
ASSUMPTION AGREEMENT
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THIS AGREEMENT is entered Into as of the ~1'-[tf.?aYf of ~PWrihl, 199R7d, by" a) nd \ ~ \r\
among the CITY OF WHEAT RIDGE. COLORADO (herema ter eat I ge ,a _ . \
Colorado municipal corporation. CHESROWN AUTO GROUP. INC., a Colorado
corporation (hereinafter "Chesrown") and COORS BREWING COMPANY, a Colorado
corporation (hereinafter" Coors ") (hereinafter collectively referred to as the" Parties").
RECITALS:
A. Wheat Ridge and Coors have, simultaneously with the execution of this
Agreement, executed a Conservation Easement providing for the grant of a
conservation easement by Coors upon property owned by Coors within the City of
Wheat Ridge, Colorado, for the purposes of wetlands creation and preservation
B. The Conservation Easement imposes certain obligations upon Wheat
Ridge. The Conservation Easement permits Wheat Ridge to assign its obligations, but
not its rights under said Agreement, to Chesrown.
C Wheat Ridge wishes to assign its obligations under the Conservation
Easement to Chesrown and Chesrown wishes to accept said obligations, and Coors
wishes to consent to the assignment thereof
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, delivery and sufficiency of which are acknowledged and confessed,
the Parties agree as follows'
1. AssiQnment and Assumption of ObliQations.
Wheat Ridge hereby assigns to Chesrown, and Chesrown hereby
accepts and assumes, all responsibility for performance of the obligations aSSigned to
Wheat Ridge by that certain Conservation Easement between Wheat Ridge and Coors.
a true and correct copy of which is attached hereto as Exhibit 1 and fully incorporated
herein by this reference.
2 Performance.
Chesrown hereby agrees to promptly perform each and everyone
of the obligations herein assigned strictly according to their terms, and in the manner
specified in Exhibit 1.
3 Indemnification.
The Parties agree that the following indemnity (hereinafter, "the
Indemnity") shall be provided to certain of the parties by others of the parties, as
GED\53027\ 179937 4
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described at subparagraphs a, b, c and d below the Indemnity provided shall
Indemnify and hold harmless the indemnitee or Indemnltees, ItS or their officers,
employees, insurers, and self-insurance pools, from and against all liability, claims and ~
demands on account of injury, loss or damage, including Without limitation, claims eT"
arising from personal Injury, property loss or damage, or any other loss of any kind
whatsoever, including reasonable attorney fees and costs of defense, which arise out
of or are in any manner connected with the wetlands as constructed or with the
performance of, or failure to perform, the obligations assumed by the Indemnitor or
indemnitors pursuant to this Agreement
(a)
(b)
GED\53027 179937 4
For the period commencing on the effective date of thiS
Agreement, through and including three (3) years follOWing
completion of the wetlands development reqUired pursuant
to paragraph 5 of the Conservation Easement and
paragraph 4 of thiS Agreement, the Indemnity shall extend
from Chesrown, as indemnitor, to Coors and Wheat Ridge,
as indemnitees.
For the period commencing at the end of the period
described in subparagraph (a) of this paragraph 3, to and
including July 13, 2006, at midnight (or the date upon
which the present lease of the Property from Coors to
Wheat Ridge is terminated, whichever first occurs), the
Indemnity shall extend first from Wheat Ridge as
indemnitor, and, to the extent such Indemnity is insufficient
to fully account for the loss, from Chesrown, as co-
indemnitor, to Coors, as Indemnitee The Indemnity hereby
given by Wheat Ridge is expressly limited to the extent
permitted by the Colorado Constitution and Statutes, and
Wheat Ridge does not hereby waive any privilege or
immunity afforded by the Colorado Governmental Immunity
Act, SS 24-10-101, et seq, C R S
(c)
For the period commencing at midnight on July 13, 2006
(or the date upon which the present lease of the Property
from Coors to Wheat Ridge is terminated, whichever first
occurs), and continuing to the effective date of the transfer
by Coors of its fee interest In the underlying property which
IS the subject of the Conservation Easement, the Indemnity
shall run from Chesrown, as Indemnitor, to Coors, as
Indemnitee
(d)
For the period commencing on the effective date of the
transfer by Coors of its fee interest in the underlying
property which is the subject of the Conservation Easement
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and thereafter, the Indemnity shall run from Chesrown, as
mdemnitor, to Coors, as indemnitee, provided however,
that said Indemnity shall be limited only to liability, claims ..3
and demands, mcluding reasonable attorney fees and costs
of defense, for claims, loss or damage which arise out of or
are in any way connected with an act or omission dUring
the period of time Coors was in title to the Property and as
a result of a condition created or permitted to exist as a
result of Chesrown's development of the wetlands on the
Property
4. Obliqations of Chesrown to Wheat Ridqe.
Independent of the obligations Imposed by the Conservation
Easement and in this Assumption Agreement, Chesrown shall develop the wetlands
as shown on the attached Exhibit 2 as a minimum 3 7 acre site, irrespective of any
future reduction in the requirements of the U.S. Army Corps of Engineers' Clean Water
Act Section 404 permit issued for the development of the Wetlands Chesrown shall
undertake no construction In the wetlands area of the site at 35th Avenue and
Wadsworth Boulevard prior to May 15, 1997
5 Consent to AssiQnment and Assumption.
Coors hereby consents to the assignment and assumption of the
obligations listed at Paragraphs 2 and 3 above, and agrees to look exclusively to
Chesrown for the performance thereof
6 Term.
This Agreement (save and except Paragraph 3 hereof) shall
terminate three (3) years follOWing completion of the wetlands development required
pursuant to paragraph 5 of the Conservation Easement and Paragraph 4 of thiS
Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day
and year first appearing above
COORS BREWING COMPANY, a Colorado
corporation
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ATTEST
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CHESROWN AUTO GROUP, INC, a
Colorado corporation
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Title
ATTEST
CITY OF WHEAT RIDGE, COLORADO
By' b\--::L~~(,--/~,;t~,
Dan Wilde, Mayor
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Wanda Sang, City Clerk 0,
ACKNOWLEDGMENT
STATE OF COLORADO
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COUNTY OF
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, The foregoing instrument was acknowledged before me this .:;"'/ Il, day
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of t,y}' ~A Jt , 1997, by , ,) Ii'; //. :..? r /' ; ,I '/,1.<t/i::',1/Jd/ as 0: L d' <?: J(O'" "'-'-::t f
of Coors Brewing Company, a COlorado corporation. I --:-"~t,{"',"1j >.c', ,,/0
Witness my hand and official seal.
My Commission Expires
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ACKNOWLEDGMENT
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STATE OF COLORADO
COUNTY OF
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// The foregoing instrument was ac~nowledged before me ~his ./ i day
of {(f!/l<...{ ,1997, by );.'7~i'/;... II (?{""/o Ck. ,. as /A:-',d,o",1
of Cn'esrown Auto Group, Inc., a Colorado corporation
Witness my hand and official seal.
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ACKNOWLEDGMENT
STATE OF COLORADO
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COUNTY OF JEFFERSON
The foregoing instrument was acknowledged before me this G11+ day
of MAY , 1997, by Dan Wilde, as Mayor, and by Wanda Sang, as City
Clerk, of the City of Wheat Ridge, Colorado
Witness my hand and official seal
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Comm;,,;on Exp;'e(=~~6~~~
Notary Public
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EXHIBIT 1
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Copy of Conservation Easement
[attached]
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CONSERV AnON EASEMENT
THIS CONSERVATION EASEMENT IS made and entered into this Z~~ay of
AP'T.LIL , 1997, by and between Coors Brewing Company, a Colorado corporatIOn rr
("Grantor"), and the City of Wheat Ridge, Colorado ("Grantee")
WHEREAS, Grantee desires to develop and to preserve wetlands on property owned by
Grantor; and
WHEREAS, Grantor desires to grant a conservatIOn easement in gross, pursuant to
Colorado Revised Statute 9 38-30.5-101 et seq , to allow the development and preservation of
such lands as wetlands to Grantee,
NOW, THEREFORE, for Ten Dollars ($1000), the payment of certam expenses of
Grantor by Grantee, and other good and valuable consideratIOn, the receipt and sufficiency of
which are hereby acknowledged, the Grantor thiS date hereby grants and conveys to the Grantee,
ItS successors and assigns, a non-exclusive conservatIOn easement m gross ("Conservation
Easement"), as that term is defined by Colorado Revised Statute 9 38-30.5-101 et seq, over,
across and upon Grantor's property described on Exhibit "A" attached hereto and mcorporated
herem by reference ("Easement Property"), upon the terms and conditions stated herem.
1 Purpose. ThiS Conservation Easement IS for the purpose of allowmg Grantee to
develop the Easement Property, described on Exhibit A, as a wetlands and thereafter to allow
Grantee to mamtain, sustam, and preserve the Easement Property m a natural, scemc and open
condition consistent With such wetlands.
2. Rights of the Grantee. To accomplish the purposes of this Conservation
Easement, Grantee shall have the followmg fights.
(a) To develop the Easement Property as a wetlands.
(b) To enter upon the Easement Property, at reasonable times, upon prior notice
to Grantor, m order to monitor, mamtam, sustain, and preserve the Easement
Property as wetlands.
(c) To prohibit or restrain, by injunctive relief if necessary, actual or threatened
injury to or impairment of the wetlands intended to be protected by this
ConservatIOn Easement by third parties; provided, however, that prior to initiatmg
such action Grantee shall obtain Grantor's consent, which consent shall not be
unreasonably Withheld.
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3 Rights of the Grantor All mterests not transferred and conveyed by thIS
Conservation Easement shall remam m the Grantor, mcludmg the rIght to engage m all uses of
the Easement Property whIch are not mconsIstcnt wIth the purpose of this Conservation
Easement or prohibIted by law cg
4. Access. There shall be no publIc access to the Easement Property except as
permItted by the Lease Agreement dated July 31, 1981, between Adolph Coors Company and the
CIty of Wheat RIdge, Colorado.
5 Development Plans. Grantee shall be solely responsible for obtaimng all
necessary permits for the development of the wetlands. The mitigation plant community wIll be
a Wet Mcadow-Marsh Complex. It IS mtended that tl1lS complex will provide slgmficant habitat
for waterfowl m an array of shallow and deep water fresh marshes. The configuration of created
wetlands on the wmdward edge of the lake IS mtended to reduce shoreline damage caused by
wave action. ProtectIOn of the shoreline IS designed to improve water qualIty and wIldlIfe use.
Wet meadow and Willow vegetatIOn along the lake's edge are mtended to mamtam water qualIty
and proVide habitat. Prior to commencmg development of the wetlands, Grantee shall submit to
Grantor for review and approval, which approval shall not be unreasonably Withheld, all plans
and specifications for development of the wetlands.
6 Costs. At its sole cost and expense, the Grantee shall obtain. a survey; the legal
deSCrIptIOn, a tItle commitment; and a title polIcy for the Easement Property. Grantee shall also.
at Its sole cost and expense, record thIS Conservation Easement. In addition, Grantee shall bear
all costs and expenses associated with the development, mamtenance and preservation of the
wetlands created under thIS Conservation Easement.
7 IndemnificatIOn. Grantee shall save and hold harmless Grantor from and against
any expense, claims, costs, damages or lIability mcurred, mcluding attorneys' fees, arIsing out of
the grantmg of this ConservatIOn Easement and the eXistence, development and preservatIOn of
the Easement Property as a wetlands.
8 Binding Effect. ThiS Conservation Easement shall inure to the benefit of and be
bindmg upon the parties hereto, their successors, aSSIgns, heirs and personal representatives, and
all persons who may hereafter acqUIre an interest in the Easement Property or any part thereof It
is mtended that thIS Conservation Easement and any other mterest created hereunder shall vest
immediately.
9 Duration of Easement. This ConservatIOn Easement shall run with the land and
shall remain an easement on the land in perpetUIty, unless released or terminated as proVIded in
Colorado Revised Statute 9 38-30.5-107
10. Assignment and AssumptIOn. Grantee may assign all of ItS oblIgations, but not ItS
rIghts, under this ConservatIOn Easement to Chesrown Auto Group, Inc., a Colorado corporatIOn,
and its successors and assigns, and Grantor hereby consents to such assignment.
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IN WITNESS WHEREOF, the parties have executed this Conservation Easement on the
date first wntten above.
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COOmWING COMPANY
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CITY OF WHEAT RIDGE, COLORADO
By' &,--....~.-L~(Z(L:~
Dan Wilde, Mayor1
Attest: ,-) :/., , ,(" ,7-, "--,"
Wanda Sang, City Clerk<,~\
STATE OF COLORADO
COUNTY OF .J~FFF~SON
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ss.
The foregolllg instrument was acknowledged before me on this Gm day of
MAy ,1997, by Dan Wilde, as Mayor, and by Wanda Sang, as City Clerk, of the
City of Wheat Ridge, Colorado.
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STATE OF COLORADO
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COUNTY OF JEFFERSON
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The foregoing instrument was acknowledged before me on this,-(y/flday of
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f/i'LY, , Y 1..,'/"" -,u/~.',.O.~;;I,"<1:; I' ;,..",,< ,.jcl~" 0 oors rewmg
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Company, a Colorado corporation, on behalf of said corporation.
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WITNESS my hand and official seal
My commission expires'
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EXHIBIT A
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LEOAL. DE5CJUi'1rON
Bl!lNO A PORnoN OF niB ~UTH HALF. !I!CT!DN 20, roWfolSHU' ) sot.lH. RANCE 6' WllIT. Of' THE SIXTH
MUNC:1'-'L loCEJUOtAN. CO(]lo."TY Of lEFliUON, ITAT! 01 COLoltAOO, BElNO NOJlE PAllnC\.'t.AlU. y
DUclUBm .u TOUO"'S \ \
C~rNO AT ~ NORTmAST CORNER OF TllAc:r 1<. VO\J1Io'Oft&W P1.AZ.t. 5U80tv15lOH. rn..I;O AT
800X. 106, PACE: ~1. wtni mE m:Fn9ON COUNTY ctUX ANn UeotDO.. MO~ WITH A
UBAa AND YllI.LOW l't-AS11c C~. -0. MOO~. 1''1.9 109": n\OM WiO!NCP. TH! NORTHWEST C01l."leR.
Of SAID T1tACT A.. ~ONUMENn:D Wl.H A~!lAA J\ND YIU.QW PLArnC CAP, "Ol MOORE, 1"..$ 1094$,-
BEAU SOUTH 75' 4" 12" WE51' " ornAl'iCE Of en 70 FEET. BElNO nm BASIS Of 8EAJlll'lO; mm<<:E
SOUT1f"'.o' 03~ iAST, A Dt!TAN'CE 01" "1 II mT TO ':'HE mtJE POINT Of 8BG~, THEl'ICE-'LONG
~ 9CJ'JlolDAAY OF nm ~Ol'O$2D W!Tt.A.~ 01 wur UXE. THE FOLI.O'lo'ING CO\iltSP AJolD
DJITANCIS:
PORrlOH 1HROUOH ~T~,
NORni lQ419'Sl" EAST. A I>ISTA.'1Ci Of lIaHli~-r.
NOItni 4'00'.'" &A.rr.A CI1tANC! or IUJ4 PEn.
SOUTH """W SAlT. A Dl5TANCll Of' .U7 FElT,
SOUTH 2000 I' St" EA~t, A DlST,.tJoIa OF I U, 90 ns:.
SQt.'T){ '''''6'29'' SAJ'T, A DISTANCE OF 1111 FEET,
N~TK ) ~OO~'14~ lAST. ,.. otSTAJoo'a Of ",)7 JIiiT.
ICUTH 5100]"3\" EA5T. A DI1TAJ<<"Ci OF '4.1$ nET,
NOanl70'56'''.UST,'' DtST.u.ttor JIBe FEn,
NOttTH 7)"oo'U"lAST, ^ omANa or 13.s.o1 m-r.
HCIlm to....,.. SAST, A DlSTAl'ICl Of 1)4,n raT.
POIlnON ALONG l1iE l'l\0P01ED SHOR! I.lNE
SOUTH 14''''11" BAST. A DISTANCE OF ".)1 fEZ:".
SOCiH IMt')f"W!ST,AD1STANC! OF 72," roT.
SOUTH ~'n'OlT" W1iST, A DSSTAl"CI CIF n." itt'l';
NOlltH 79-'ll'\S. WUT. AD1sr~Of IUS rEST.
SOIJnf .,o"'U. "ST, A DIJTAloIa OF 46.90 nET.
IOUTH .,.wor WiST, A DUTNICi 01 ".U iia.".
SOUTH '."1"51" WUT. A. DIST~ Of 4U4 fEBi:
tOUTHl4.II.1r....ST.A DlSTANCSOF I"IHUT.
NOIt.tH 'l-,n2'" WUT. A DlI'rAJ<<"C! Of 5l.1H!IT;
SOUTH 101"0)'34" W5I1. A 1)IITANCE O1I7S.311DT,
SO\1TH OI"U'U" WUl, "D1Sl~ OF 4\." FiiT;
aounr ::014'3'- EAST, A I)tSTANQi OF 41,4' filjT:
SOUIl( ,.'.s.,,.. W!lT, A DUT~ CE 63,10 FEar.
NORm "0$0'%9" WIlT. A DIJTANa 01 'U4 F!S1.
$OUi1l """"10" wur, "DIITANCI OF fU' FDT;
NC*1Jf 1r'31'W MIST. A DtlTANa OF UUI FSaT.
NORtH '''H'I:- Yl'UT, A DIJT~ Of 4J.OI FUT;
NOI.TH 14"02'''- WIlT. "DSltANCI ar ".01 FUl.
NClRTH 06"3"'1" WIlT, A DIlTAHCS OF ".14 FEn;
COHTAJNlNG 4.$ A~")(ou OR LBI.. nus I.!OA1. 02$CU'TIaI WAS YrWrTiN QIl( 1NfVAAY 24.1997
IY .08D1 HAWS 70Il AND ON IIEHAU OF OII.UN'! ~, lM:.. 14'1 ~ CIRNS.
sum; 1M. 'Io'h't'WINSTEIl CCll.OaADO 10010 <30') .26.1731.
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EXHIBIT 2
Description of 3 7 Acre Wetlands Development
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FROH 'GGRSuCH ~iRG[S L.L.C. 303 298 0215
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01/15/97
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Fr1endly Foo:l Section 404 Individual Permit Appll~tlOl1
The mitigation plant community will be a Wet Meadow-Marsh Complex
(Figure 2). This complex will provide significant ha.bitat for waterfowl in an 0,
array of shallow and deep water fre5h water marshes. These marshes will \ /
be designed to promote nesting of waterfowl. The configuration of created
wetlands on the windward edge of the lake will be designed to reduce
shoreline damage caused by wave action. Protection of the shoreline will
improve water quality and wildlife use. Wet meadow and willow vegetation
along the lake's edge will maintain water quality and provide habitat for song
birds, reptiles and amphibians.
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~on 26. TOONI1oh1p 3S. R41ng" a9W. t...tltude 39"46', Longttud<l 1OS.Q6'
Totlll Atoa - 10.7~ ~ Olsturbeoco" 3.7&Cl"e1O. MItigation. 3.7 acres
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FRCt1 tGOR$UD-I UIRGIS L. L. C.
l _ J 2&--i. 3S? es: 4S?f1 FROM
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Friendly Ford Section 404 IndIvidual Permit Application
01/15/97
TABLE 1
DISTURBED AND MITIGATED WETLANDS
WETlAND TYPE Wiltow-Sedae Cclmpl~x
L DISTURSED 3 T
L MITIGATED 3.7
Bt1foro Oi&turb;mCG VEGETATION Ser/)(-Carox
After MitIgation S~-Carex
~~~"I;:::;~:;-.=.c-' HYDROLOGY Surface(Groundwater
After.MitigatiOfl . Groundwater
;;;~~~7'_--" '. '~=.>::~ - SOILS Colluvl'um
~~...!. ~~~~~~~t::
Mer MitigatIon Amended Alluvium
FUNCTION l.OW MED
--:-._--"~g~~-~--~-
.~~ .'.. ~_..' .:~~~ GrouncN.<l'ler Rech
After Mitigation
" (
\ -1,
Nu1Jient RemoYal
Groundwater o;sch
Floodflow A1telluatiQO
~iment Stabillzatlon
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Sediment Rel9llt;on
NutriQ/lt e(entfon
Produc1Joo Exllort
WIldlife AbundanCe
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WUdllf....BreGdi
WildlifQ Migratlon
Wildllfe-Wlnteri
UnIUQOe$lJ
R on
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~jon 2e. Township 33. Ran~ 69W, l.stitl./~ 39"46', Longitude 105.06'
Total AfgJ;J.. 10.15 f\qc3, Dislurt)Qnc<l '" 3.7acres. MItigation = 3.7 aCf2S
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rl =15 0 I - 0 II
01 75' 150' 300'
450'
Shore
LiMit of
Construction
MitigCl tion Site
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fiLE NAME p_ 404QM,dw
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PROJECT TITLE.
F riencH y
PREPARED FOR.
Martin Design,
PROJECT DATE. Inc., 1360 South
Clo.rkson Street,
F eb, 1997 Denver, Colorado,
80210,
(303)744-9603
~EPIdlED I't'.
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44.01\0 lute La.ke Drive
LIttleton, Coloro.do 80123
303-347-8212
30)-)<47-$348
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FROM 'GORSUCH KIRGIS L.L.C. 303 298 0215
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Friendly Foro Seqjon 404 Individual Permit ApplicatIon
01/15/97
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2 Mitigation Plan DetaUs
1j7
Wetland mitigation is desIgned to replace disturbed wetlands.
The plan provides guidelines for providing a suitable soil medium,
establishment of well-rooted plant materials and adequate hydrologic
support for each specific wetland habitat. The key feature of mitigation is to
produce diverse and self-sustaining vegetation whose composition "and
function are equivalent to existing characteristics, as illustrated in Table 1.
Design and Construction Guidelines
Construction documents developed for the mitigation sites will in dude
typical sections and site plans. The following will be specified on the
construction drawings:
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· plant materials to be established in the mitigation sites, inclUding species
to be seeded
· methodes) of setting and establishing plant materials and seeding
· site preparation, topsoiling, fertilizer application and other soil
amendments, as needed
· sources of water that will maintain the hydrologic character of the watland
replacement site
· typical details of ~iversion channels
· construction supervision Intervals
Planting Process
The existing soils in the mitigation area are a ~uitab(e planting medium.
Wetland plant materials will be establl~hed on thase existing soils.
Additional topsoil will be obtained from excavated areas or imported and
amended, as needed. All topsoil material Will be analyzed for n~rient
Content, pH, texture, percent organics and toxicants.
Section 26. T~lp 35, Range e9W, Latitudoo 39"<16', Longitude 105"0("
Tot<<! Are<! '" 10.75 Acre$, DistUrbance =' 3.7ac;es, Mitigation E 3.7 acres
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= 2<38 1:l215
CR I K C'_lZ 1 R5["t.I Ph D
1997
IU
'---'
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Friendly Forrl Sectlon 404 IndividualPerrnit Appl~IOt1
-25
10'27 ~2~ P.~
<j?f7
01/15/97
TABLE 2
PLANT SPECIES FOR MITIGATION
I SCIENTIFIC NAME
I S<:Jix ~;<igua
Sail;( irroratiJ
COMMON NAME
~iO' &- Shrubs:
CJ:JYof.e Willow
blue stem WIllow
=~
50tbtem bolru~
l Scipus americans
Scirpus vafidus
i
I.
I
\ -1
5Gctlon 26, Townshlp 3$, Range 69W, latitude 39"46'. LongitudQ 105"06'
TOlal At~B - 10.75 N:ros, Ol$l.urb;ancc '= 3.7~, MIt~atiOll '" 3.7 ~s
12
TOTAL P. as