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Home My WebLink About20130846.tiffEpvircuwept, Ipc. LARRY E. O'BRIAN FOUNDER STEVAN L. O'BRIAN PRESIDENT April 22, 2013 Weld County Clerk to the Board Board of County Commissioners Office 1150 O Street Greeley, Colorado 80631 7985 VANCE DRIVE, SUITE 205A ARVADA, COLORADO 80003 303-423.7297 FAX 303-423-7599 Re: Application for a Mined Land Reclamation Permit American Civil Constructors, Inc.- Nietfeld Borrow -East M-2013-021 - Adequacy Response Dear Sir/Madam: We are delivering to you here with a packet containing the Adequacy Response for the Nietfeld Borrow - East, a Special 111 Construction Materials permit. Please place this packet with the original book I delivered in early April, The original will be filed with the Division of Reclamation, Mining & Safety (D.R.M.S.). This copy of the Adequacy response packet is delivered to you pursuant to 34-32.5-112(9)(a), Colorado Revised Statutes 1995, as amended, which states in part: ..the applicant shall file a copy of such applica- tion for public inspection at the office of the County Clerk and Recorder of the County in which the affected land is located. Please acknowledge receipt of this replacement page to the permit application by signing in the appropriate space provided below. Thank you for returning a copy of this page with your receipt stamp on it via e-mail Yours truly, Environment, Inc. (52. Stevan L. O'Brian enclosure RECEIVED THIS 230AY OF By RECEIVED APR 2 3 2.23 WELD COUNTY , 2013 COMMISSIONERS Weld County erk to the Board Z Eitwirouwept, Iryc. LARRY E. O'BRIAN FOUNDER STEVAN L. O'BRIAN PRESIDENT April 22, 2013 Mr. Peter Hayes Division of Reclamation, Mining & Safety 1313 Sherman St, Suite 215 Denver, CO 80203 Dear Peter; RE: American Civil Constructors, Inc. Permit # M-2013-021 - Nietfeld Borrow Adequacy Review #1 7985 VANCE DRIVE, SUITE 205A ARVADA, COLORADO 80003 303-423-7297 FAX 303-423-7599 BEG EN ED 2.3 1013 CQ I-119 10NERS - East On behalf of my client American Civil Constructors, Inc., I am responding to your Adequacy review letter dated April 19, 2013. I will respond to your item points in the order presented in the letter. 6.3.2 EXHIBIT B - SITE DESCRIPTION 1. This was a typo and should have read 215 feet I have enclosed a replacement page (14) with this correction made. 6.3.3 EXHIBIT C - MINING PLAN: 2. I used the term road loosely here. It should have been driveway that provides access to the property to be mined. It is an existing road that will be graveled to make a safer access to and from the County Road and will not be used to haul material from the mine. The existing road was constructed prior to permitting for access to the property and is used for agricultural purposes so it is not required to be in the permit area per Rule 1.1(3). The activity planned to make the driveway safe does not make it "Substantially upgraded". This road is on the site except where it crosses the County Road ROW between the surface of WCR 104 and the owners property line. The project area adjoins the mine so no public roads will be used to haul material to the project. 3. The phrase ", and left" should have been left out. I have fixed this on page 15 and a replacement page is rPiu ieelmAJ etkii3 do( -07t1 -cc ENVIRONMENT, INC. ACC -NIETFELO BORROW - EAST APRIL 22, 2013 PAGE 2 attached. This statement referred to the internal, landowner roads shown on the maps. 6.3.12 EXHIBIT L - PERMANENT MAN-MADE STRUCTURES 4. Revised Structure agreements were mailed on April 22, 2013. Copies of the mailing receipts and sample letter are attached. EXHIBIT I - PROOF OF FILING WITH COUNTY CLERK (RULE 6.3.9): 13. The receipt letter is attached showing this packet was delivered to the Weld County Clerk to the Board (Clerk & Recorder) If you have more questions or need more information after reviewing my answers please call me. Thanks for your help during the permitting process. Sincerely, Environment, Inc. Stevan L. O'Brian President cc American Civil Constructors, Inc. Weld County Clerk file enclosure SITE DESCRIPTION (cont) Exhibit B PERMANENT MAN-MADE STRUCTURES The man-made structures within 200 feet of the affected lands are State Highway 85, a highway bridge, a 3 strand wire fence along the highway, County Road 104 on the north, 2 fiber optic lines in the railroad ROW on the west, and the railroad tracks along the east side of the property. There are no wells, water storage impoundments, or cemeter- ies within 200 feet of the affected lands. CDOT owns the High- way, the bridge and fence on the west side and our construction contract with them covers damages to the fence. The eastern most fiber optic line's lies within 10 feet of the west slope of the old mine area and County Road 104 is above the mine. The rail- road tracks are 215 feet away from the mining area. A mining setback of 15 feet will be maintained around the site. The sides of the old mine area appear to have a 2h to lv or greater slope. There is no plan to disturb these slopes, only extend them north and south as material is mine. At their highest point they are approximately 10 feet high. We will continue to work on the north and south sides of the open hole until the project material volume has been reached. In the area where the slope is created during mining it will be graded to 2h to lv when reclamation is done since they are more then 5 feet above water. The bottom of the mine will be above the ground water surface in this area. WATER RESOURCES This is a dry mining operation. There are no water struc- tures on the site. The Lone Tree Creek is approximately 7400 feet east of and 20 feet lower than the mine. Review or water well records for the vicinity of the mine indicate that the water table is approximately 30 feet below the ground surface. Ground water will not be encountered on this site because its floor elevation will be 10 to 15 feet lower than the existing ground elevation. We will not affect the hydrologic balance of surface or subsurface water in the area. The water used at this site is purchased from a source approved for use on the permit area. 14 (revised 4/22/13) MINING PLAN EXHIBIT C MINING PLAN EXHIBIT C 6.3.3 - This is an open pit mine located 1.45 miles north of Nunn, Colorado, east of State Highway 85 and south of WCR 104. We anticipate the life of this mine to be for the length of the contract, working 180+ days. The contract was signed March 5, 2013 and stripping from this borrow area is scheduled to begin in early April 2013 and possibly ending as late as December 15, 2013. The primary material to be removed from the site is a sandy clay loam or sandy gravel that underlies the topsoil and is suitable for use as borrow. The material will be used to supply fill material for a overpass reconstruction project on HWY 85 just west of the mine. No secondary material to be mined nor are there any incidental products that will be used. There will be no blasting at this mine. The site is currently used by the landowners as rangeland Of the 20.0 acre ± in the permit area, approximately 17.7 acre ± will be used as mining or load out area and 0.58 acres will be access roads. The remaining 1.73 acres is contained in setback area. Some of this area is part of the old mine (10.6 ac.±) that may not be redisturbed unless it contains material suitable for the project. The material is a sandy gravel deposit usable for filling on the CDOT project area. Previous mining has created a hole in the deposit with steep sloped faces on the east and west sides with the north and south ends sloping up to the original surface. Mining will begin on the north end and work to the south until the project needs are met. Mining will begin by first clearing the land and stripping topsoil from the area to be mined. The approximate locations of the topsoil piles are shown on Map Exhibit E1. The site will be mined in the direction shown on the mining plan map. The existing road from WCR 104 will be improved and maintained during extraction. Per our agreement with the prop- erty owners, the existing access road will be graded when mining ends. This road will be approximately 30 feet wide and 2500 feet long. 15 (revised 4/22/13) April 22, 2013 FIELD(1) FIELD(2) RE: Damage Reimbursement Agreement American Civil Constructors, Inc. - Nietfeld Borrow - East Weld County, Colorado Dear FIELD(1): American Civil Constructors, Inc., is filing for a Special 111 Permit from the Colorado Mined Land Reclamation (MLR) permit to extract construction materials from a tract of land located in Part of Section 21, T -9-N, R -66-W, 6th Prime Meridian, Weld County, Colorado. State MLR law requires the permit applicant to agree to reimburse the owner of any permanent man-made structure(s) within 200 feet of the mining area for damage done to the structure(s) as a result of the permitted operation. We believe FIELD(1) own the structure(s) listed below. American Civil Construc- tors, Inc. agrees to reimburse FIELD(1) for any damage done to the structure(s) listed below as a result of the proposed mining operation. Your acknowledging signature and a notary seal in the spaces provided below should satisfy the MLR law reimbursement requirement. Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can return the executed agreement to us. We have also enclosed a second copy of this letter that you may keep for your files. Thank you for your cooperation. Sincerely, ACKNOWLEDGED BY: FIELD(1) Jeff Croll Title Vice President STATE OF cc: Division of Reclamation, Mining & Safety COUNTY OF file Structure list: FIELD(3) ss. The forgoing was acknowledged, subscribed and sworn to before me, a Notary Public, this day of By Notary Public My commission expires: 44 (revised 4/22/13) STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 April 19, 2013 Mr. Jeff Croll American Civil Constructors, Inc. 4901 S. Windermere St. Littleton, Colorado 80120 Re: American Civil Constructors, Inc., Nietfeld Borrow - East, File No. M-2013-021, 111 Permit Application Adequacy Review Dear Mr. Croll: COLORADO DIVISION OF RECLAMATION MINING — &— SAFETY John W. Hickenlooper Governor Mike King Executive Director Loretta Pifieda Director The Division of Reclamation, Mining and Safety (Division) has reviewed the content of the American Civil Constructors, Inc. 111 Special Operations permit application for the Nietfeld Borrow- East, File No. M-2013-021 and submits the following comments. The Division is required to make an approval or denial decision no later than May 1, 2013 therefore; a response to the following adequacy review concerns should be submitted to the Division as soon as possible. The review consisted of comparing the application content with specific requirements of Rules 1, 3, 6.1, 6.2, 6.3 and 6.5 of the Minerals Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials. Any inadequacies are identified under the respective exhibit heading along with suggested actions to correct them. 6.3 SPECIFIC EXHIBIT REQUIREMENTS — REGULAR 111 OPERATIONS The following items must be addressed by the Applicant in order to satisfy the requirements of C.R.S. 34-32.5-101 et seq. and the Mineral Rules and Regulations of the Mined Land Reclamation Board: 6.3.2 Exhibit B — Site Description 1. The Applicant states the railroad tracks are 2015 feet away from the mining area. Based on the Exhibit E maps submitted by the Applicant, the distance from the permit boundary to the railroad tracks is less than 2015 feet. Please review the statement and revise accordingly. 6.3.3 Exhibit C — Mining Plan 2. The Applicant states the existing road from WCR 104 will be improved and maintained during extraction. Rule 6.3.3(g) states new or improved roads must be included as part of the permitted acreage. Please include the proposed access road as part of the permitted acreage, describe any associated drainage and runoff conveyances structures to include sufficient information to evaluate structure sizing and revise all applicable Exhibits and the application form. Office of Office of Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines Page 2 of 2 Nietfeld Borrow - East Adequacy Review 3. The Applicant states per our agreement with the landowner, the existing access road will be graded, and when mining ends. There appears to be words missing from this statement. Please complete the statement and describe the extent and nature of grading work required for the access road. If the road is improved from its current condition the portions of road not currently in the proposed permit boundary must be included as part of the permitted acreage. 6.3.12 Exhibit I.— Permanent Man -Made Structures 4. The Damage Reimbursement Agreement mailed to the owners of man-made structures within 200 feet of the affected land misidentified the location of the proposed mine site, Section 20 instead of Section 21. Please submit proof of mailing of corrected structure agreement letters. 6.3.9 Exhibit I — Proof of Filing with County Clerk 5. Please provided an affidavit or receipt indicating the date on which the revised application information required to address this adequacy letter was placed with the Weld County Clerk and Recorder for public review, pursuant to Subparagraph 1.6.2(1)(c). Please be advised the Nietfeld Borrow - East application may be deemed inadequate, and the application may be denied on May 1, 2013, unless the above mentioned adequacy review items are addressed to the satisfaction of the Division. If more time is needed to complete the reply, the Division can grant an extension to the decision date. This will be done upon receipt of a written waiver of the Applicant's right to a decision by May 1, 2013 and request for additional time. This must be received no later than the deadline date. If you have any questions, please do not hesitate to call me at 303-866-3567 Ext. 8124. Peter S. Hays Environmental Protection Specialist Cc: Tom Kaldenbach; Division of Reclamation, Mining & Safety Steve O'Brian; Environment, Inc. ea ea r m 114U UUUd 229 Structure agreement Proof of Mailing Notified Borrow - East -M-2013-021 U.S. Postal Service CERTIFIED MAIL,., RECEIPT (Oornestk Mail chip; No insuradp Coverage Provided) Pect10a Cagliari real Petumfecglpt Foe (Endorsement POWi,e l) Restricted Delivery Fee (Ekdaeettrent Required, Total Postage a Fees U.S. Postal Service:, CERTIFIED MAIL. RECEIPT (Demes(k Me/i Ooly; No Meleenca Coverage Provided) Pastna* Jim Pderaga 45-7 OedfedPee ( %1 ReimReceipt Ward) :J (FEsd eesigned nnt nequ ee) Toto1Poelaga&Fees orFp6ox Np ■ ir's*eg`t„ ar • Potlenadc Herd American Civil Constructors, Inc April 22, 2013 U.S. Postal Service,,, CERTIFIED IV1A1L,,. RECEIPT /romps*c Mall On '; No Maumee Coverage Provided) rn Q Roma nealfamlpt Fee Cl 4Fndomemnt Fpqur ed) Ci fa1,otod felvery Fee (FnOgtemeM Amami) S ,. Total Poelmrp.&Feria r^E ri m 0 ,r, e9 u^ 1J 11J rm C3 Return 't Frea (Eltlorsemonifl wgoied) Q ereo) U.S. Postal Service,, CERTIFIED MAIL. RECEIPT (tlonrear?c Hof) Only: No )noute.,ce Coverage Provided) Foe de)We y tniemelor vlelt atit wattvlte at aortaV rs.em,�. Postage lknukid Foe sirstriated ONvary fee Q pEndmamom rielprked) rl Tow Postage& Foos rq orPQ(iprtpitt 7 $ _c_ Postmark STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 April 16, 2013 Weld County Commissioners County Commissioner 915 10th St Greeley, CO 80631 RE APR 1 n WELD COUNTY COMMISSIONERS ED COLORADO DIVISION OF RECLAMATION MINING SAFETY John W. Hickenlooper Governor Mike King Executive Director Loretta E. Pineda Director RE: Notice of Special 111 Construction Materials Reclamation Permit Application Consideration American Civil Contractors Holdings, Inc., Nietfeld Borrow- East, File No. M-2013-021 Please be advised that American Civil Contractors Holdings, Inc., whose address and telephone number are 4901 S. Windermere St. , Littleton, CO 80120; (303) 730-4523, has filed a reclamation permit application to extract construction materials with this office. The operation will be located at or near Section 21, Township 9N, Range 66W, 06th Prime Meridian, in Weld County. Please be advised that the permit area may be located in more than one Section, Township, and Range. The applicant proposes to reclaim the site for Rangeland. The decision date for this application is scheduled for May 1, 2013, providing all permit requirements have been met. Any comments or objections must be submitted in writing and be filed with the Division of Reclamation, Mining and Safety no later than 5:00 p.m. on April 23, 2013 to be considered in the application review process. If we do not receive your comments or any objection by the end of the public comment period, the Office will assume you have no objection or comment to the proposed activity. If you have any questions, please contact me. Sincerely, C` r4,4 Peter S. ays, Environmental Protection Specialist 72" Office of Office of *pad 41310 Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St, Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 �RVv1S - 3 -Z9 -2o/3 in -Rol -Ca/ CONSTRUCTION MATERIALS SPECIAL (111) OPERATION RECLAMATION PERMIT APPLICATION FORM COLORADO DIVISION OF RECLAMATION MINING SAFETY Dill Ritter Jr. Governor Harris D. Sherman Executive Director Ronald W. Cattany Division Director Natural Resource Trustee The application for a Construction Materials Special 111 Operation Reclamation Permit contains four major parts: (1) the application form; (2) Exhibits A -L, Addendum 1, and any sections of Exhibit 6.5 (Geotechnical Stability Exhibit), as required by the Office, and outlined in Rules 6.1, 6.2, 6.3, 6.5, and 1.6.2(1)(b); (3) the application fee; (4) the Performance Warranty and if required a Financial Warranty. When you submit your application, be sure to include one (1) completed, signed and notarized ORIGINAL and one (1) copy of the completed application form, two (2) copies of Exhibits A -L, Addendum 1, appropriate sections of Exhibit 6.5 (Geotechnical Stability Exhibit), as required, a check for the application fee described under (4) below, and the fully executed Performance Warranty and Financial Warranty, if required. Exhibits should NOT be bound or in 3 -ring binders; maps should be folded to 8 2" X 11" or 8 2" X 14" size. To expedite processing, please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, all information described below Applicant/operator or company name (name to be used on the permit): American Civil Constructors, Inc. 1.1 Type of organization (corporation, partnership, etc.): Corporation 2. Operation name (pit, mine or site name): Nietfeld Borrow - Fast 3. Permitted acreage: 4. New Application: 5. Primary commodities) to be mined: construction fill 6. Name of owner to the surface of affected land: Clayton C & I illan A, Nietfeld Trust 20 Permitted Acres $898.00 Application Fee 7. Name of owner to the subsurface rights of affected land: Clayton C & Lilian A Nietfeld Trust 8. Type of mining operation: ✓ Surface Underground In -situ 9. Location information: The center of the area where the majority of mining will occur: Co I Weld PRINCIPAL MERIDIAN (check one): ✓ 6th (Colorado) 10th (New Mexico) SECTION (write number): S 21 TOWNSHIP (write number and check direction): T 9 1 l " ; North F. South RANGE (write number and check direction): R I East ✓ West r QUARTER SECTION (check one): _ NE V : NW SE I - SW QUARTER/QUARTER SECTION (check one): . NE ✓ NW . SE . SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): 2.51 miles North of Nunn Colorado l .vation 5280 msl ,-,_.._ Ute Office of Office of Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines V -2- 10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (N) 39° 44' 12.98" (W) 104° 59' 3.87" Latitude (N): deg 40 min 44 sec 21 . 20 Longitude (W): deg 104 min 47 sec 28 20 OR Example: (N) (W) 39.73691° -104.98449° Latitude (N) Longitude(W) OR Universal Tranverse Mercator (UTM) Example: 201336.3 E NAD27 Zone 13 4398351.2 N (5 decimal places) (5 decimal places) UTM Datum (specify NAD27, NAD83 or WGS 84) Nad 83 Fasting Northing (2 decimal places) (2 decimal places) 11. Primary Future (Post -mining) Land Use (check only one): L Cropland(CR) • Rangeland(RL) I Residential(RS) r P• astureland(PL) L F• orestry(FR) Recreation(RC) ✓ Developed Water Resources(WR) 12. Primary Present Land Use (check only one): L Cropland(CR) r Pastureland(PL) 57 Rangeland(RL) L Forestry(FR) L Residential(RS) r' Recreation(RC) L Developed Water Resources(WR) 13. Estimated Beginning Date of Contract: Zone 13 FT General Agriculture(GA) r Wildlife Habitat(WL) r Industrial/Commercial(IC) L Solid Waste Disposal(WD) ✓ General Agriculture(GA) r Wildlife Habitat(WL) ✓ Industrial/Commercial(IC) L Mining(MN) April 1, 2013 13.1 Estimated completion date of contract: December 15, 2013 -3- 15. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Contact's Name: Company Name: Street/P.O. Box: City: State: Telephone Number: Fax Number: Jeff Croll Title: Vice President American Civil Constructors, Inc. 4901 S. Windermere St P.O. Box: Littleton Colorado 303 ) _ 730-4523 (303 ) _ 347-1844 PERMITTING CONTACT (if different from applicant/operator above) Steve O'Brian Contact's Name: Company Name: Street/P.O. Box: City: State: Telephone Number: Fax Number: Environment, Inc. Zip Code: 80120 Title: President 7985 Vance Dr., #205A P.O. Box: Arvada Colorado (303 ) _ 423-7297 (303 I_ 423-7599 Zip Code: 80003 INSPECTION CONTACT Contact's Name: Jeff Croll Title: Vice President Company Name: Street/P.O. Box: City: State: Telephone Number: Fax Number: American Civil Constructors, Inc. 4901 S. Windermere St P.O. Box: Littleton Colorado (303 ) _ 730-4523 (303 )_ 347-1844 CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: 80120 Zip Code: Telephone Number: ( ) - CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: Telephone Number: ( ) - -4- 14. Maps & Exhibits: Submit two (2) complete, unbound copies of the following application exhibits: 6.3.1 EXHIBIT A - Legal Description and Location Map 6.3.2 EXHIBIT B - Site Description 6.3.2 EXHIBIT C - Mining Plan 6.3.4 EXHIBIT D - Reclamation Plan 6.3.5 EXHIBIT E - Maps, to include the location of any recorded easements 6.3.6 EXHIBIT F - List of Other Permits and Licenses Required 6.3.7 EXHIBIT G - Source of Legal Right -to -Enter 63.8 EXHIBIT H - Municipalities Within a Two-mile Radius 6.3.9 EXHIBIT I - Proof of Filing with County Clerk 6.3.10 EXHIBIT J - Proof of Mailing Notices of Permit Application 6.3.11 EXHIBIT K - Terms of Governmental Contract 6.3.12 EXHIBIT L - Permanent Man-made Structures I.6.2(1)(b) ADDENDUM 1 -Notice Requirements 6.5 Geotechnical Stability Exhibit (as required) ResnonsIbilitles as a Perrnittee: Upon application approval and permit issuance, this application becomes a legally binding document. Therefore, there are a number of important requirements which you, as a permittee, should fully understand. These requirements are listed below. Please read and Initial each reculremcnt, in the space provided, to acknowledge that you understand your obligations. If you do not understand these obligations then please contact this Office for a full explanation. 1.. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information contained in the application or your permit misrepresent important material facts; 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties, to you as pennittee can result; 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a new permit application and obtain approval from the Board or Office; 5. It is your responsibility to notify the Office of any changes in your address or phone number, 6. Upon permit issuance and prior to beginning on -site mining activity, you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information (Rule 3.1.12): a. the name of the operator, b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, c. the permit number. 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance; 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Mineral Rules and Regulations in effect at the time the permit is issued. 9. Annually, on the anniversary date ofpennit issuance, you must submit an annual fee (5504), and an annual report which includes amap describing the acreage affected and the acreage reclaimed to date (if there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example, a permit with the anniversary date of July 1, 1993, the annual fee is for the period of July 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as an operator, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions, changes, and deletions to this document prior to final decision by the Office. Therefore, if you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what changes may have been made to the application document. The Office is not allowed to consider comments, unless they are written, and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process, you may contact the Office at (303) 866-3567. Certification: As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1. All necessary approvals from local government have been applied for (Section 34-32.5-111(1)(a)(IX)); 2. This entire mining operation will not affect more than 30 acres; 3. This mining operation will not adversely affect the stability of any significant, valuable and permanent man-made structure(s) located within two hundred (200) feet of the affected lands. (However, where there is an agreement between the applicant/operator and the persons having an interest in the structure that damage to the structure is to be compensated for by the applicant/operator (Section 34-32.5-115(4)(e), C.R.S. 1984, as amended), then mining may occur within 200 feet. Proof of an agreement must be submitted to the Office prior to the decision date.) 4. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115(4)(f), C.R.S. 1984, as amended); 5. As the applicant/operator, I do not have any mining/exploration operations in this state of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section 34-32.5-120, C.R.S. 1984, as amended) as determined through a Board fmding. 6. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. 1984, as amended. This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-111,CR.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to section 34-325-123, C.R.S. Signed and dated this J - day of American Civil C•nstructors, Inc. By: Title: Vice President Ap perator State of Colorado ) ss. County of Arapahne The foregoing instrument was acknowledged before me this by Jeff Croll 7 If Corporation Attest (Seal) By: day of April 2 , as Vice President of American Civil Constructors, Inc. MARNIE BILBREY NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20084001786 my commssioN EXPIRES seiterT, S MUST BE IN BLUE INK KOL.LnAil kW -AA -416 Notary Public My Commission expires: -ll ZOtte LEGAL DESCRIPTION EXHIBIT A Portions of the NW%SWM, SWA,NW'/ and NW/NW1%, Section 21, Township 9 North, Range 66 West, of the 6th P.M., Weld County, Colorado, containing 20.0 acres more or less. NTRANCE RANGE 040° 44' 21.20" N 104° 47' 28.20" W Declination MN8°42'E Name: NUNN (CO) Date: 04/04/13 Scale: 1 inch = 2,000 ft. CaPy"9ht (C) 2008. MyTapo ,f N1Esta) BORROW - EAST J LOCATION; Parts of the NW1/4SW1/4, SW1/4NW1/4 and NW1/4NW1/4 of Section 21, T -09-N, R -66-W, 6th P.M., WELD, COUNTY, COLORADO 3 . Ni;;;r: Oopynaht ;C! 1043, htyrorc American Civil Constructors, Inc. Exhibit A-1 - Location map Nietfeld Borrow - East 111 Special Permit Ei,virouwei,t, Ipc. LARRY E. O'BRIAN FOUNDER STEVAN L. O'BRIAN PRESIDENT April 12, 2013 Weld County Clerk to the Board Board of County Commissioners Office 1150 O Street Greeley, Colorado 80631 7985 VANCE DRIVE, SUITE 205A ARVADA, COLORADO 80003 303-423.7297 FAX 303-423-7599 Re: Application for a Mined Land Reclamation Permit American Civil Constructors, Inc.- Nietfeld Borrow -East M-2013-021 - Replacement page Dear Sir/Madam: We are delivering to you here with a replacement page for Exhibit A- Legal Description for the Nietfeld Borrow - East, a Special 111 Construction Materials permit, to be operated by American Civil Constructors, Inc. Two copies of the application are on file with the Division of Reclamation, Mining & Safety (D.R.M.S.). This copy of the application is delivered to you pursuant to 34-32.5-112(9)(a), Colorado Revised Statutes 1995, as amended, which states in part: ..the applicant shall file a copy of such applica- tion for public inspection at the office of the County Clerk and Recorder of the County in which the affected land is located. Please acknowledge receipt of this replacement page to the permit application by signing in the appropriate space provided below. This page should be placed with the application packet delivered previously. Yours truly, Environment, Inc. Stevan L. O'Brian enclosure R &G P3 Lf-3-(3 RECEIVED APR 922u3 WELD COUNTY COMMISSIONERS RECEIVED THIS I? DAY OF 2093 By v‘116917E- Weld ty Clerk to the Board do ( 0(3 tc, LEGAL DESCRIPTION EXHIBIT A Portions of the NW%SW%, SW'/,NW% and NWMNW%, Section 21, Township 9 North, Range 66 West, of the 6th P.M., Weld County, Colorado, containing 20.0 acres more or less. American Civil Constructors, Inc. Nietfeld Borrow - East 111 - Special permit - Construction Materials Permit # M-2013-021 WELD COUNTY, COLORADO MARCH 2013 Application for a Special 111 Operation Mined Land Reclamation Permit PREPARED BY ENVIRONMENT, INC. 7985 VANCE DR., SUITE 205A ARVADA, CO 80003 (303) 423-7297 RRI 4II I I t3 2013-0846 STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 CONSTRUCTION MATERIALS SPECIAL (111) OPERATION RECLAMATION PERMIT APPLICATION FORM COLORADO DIVISION OF RECLAMATION MINING SAFETY Bill Ritter, Jr. Governor Harris Harris D. Sherman Executive Director Ronald W. Cattany Division Director Natural Resource Trustee The application for a Construction Materials Special 111 Operation Reclamation Permit contains four major parts: (1) the application form; (2) Exhibits A -L, Addendum 1, and any sections of Exhibit 6.5 (Geotechnical Stability Exhibit), as required by the Office, and outlined in Rules 6.1, 6.2, 6.3, 6.5, and 1.6.2(1)(b); (3) the application fee; (4) the Performance Warranty and if required a Financial Warranty. When you submit your application, be sure to include one (1) completed, signed and notarized ORIGINAL and one (1) copy of the completed application form, two (2) copies of Exhibits A -L, Addendum 1, appropriate sections of Exhibit 6.5 (Geotechnical Stability Exhibit), as required, a check for the application fee described under (4) below, and the fully executed Performance Warranty and Financial Warranty, if required. Exhibits should NOT be bound or in 3 -ring binders; maps should be folded to 8 2" X 11" or 8 2" X 14" size. To expedite processing, please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, all information described below 1 Applicant/operator or company name (name to be used on the permit): American Civil Constructors, Inc. 1.1 Type of organization (corporation, partnership, etc.): Corporation 2. Operation name (pit, mine or site name): Nietfe d Borrow - East 3. Permitted acreage: 4. New Application: 5. Primary commoditie(s) to be mined: Construction fill 6. Name of owner to the surface of affected land: C ayton C & Li 7. Name of owner to the subsurface rights of affected land: C an A, Nietfe d Trust 20 Permitted Acres $898.00 Application Fee ayton C & Lilian A Nietfeld Trust 8. pe of mining operation: ✓ Surface Underground In -situ 9. Location information: The center of the area where the majority of mining will occur: COU PRINCIPAL MERIDIAN (check one): SECTION (write number): TOWNSHIP (write number and check direction): RANGE (write number and check direction): QUARTER SECTION (check one): QUARTER/QUARTER SECTION (check one): Weld 6th (Colorado) I 10th (New Mexico) S 21 T 9 R .6_ NE NE l‘• North East V NW ✓ NW South ✓ West SE SE Ute SW SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): 2.51 mi es North of Nunn Colorado Elevation 5280 ms Office of Office of Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines 10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (N) (W) Latitude (N): Longitude (W): OR Example: (N) (W) Latitude (N) _ Longitude(W) OR Universal Tranverse Mercator (UTM) Example: 201336.3E NAD27 Zone 13 4398351.2 N 39° 44' 12.98" 104° 59' 3.87" deg 40 min 44 deg 104 min 47 39.73691° -104.98449° • sec sec • 21 . 20 (2 decimal places) 28 . 20 (2 decimal places) (5 decimal places) (5 decimal places) UTM Datum (specify NAD27, NAD83 or WGS 84) Nad 83 Easting Northing 11. Primary Future (Post -mining) Land Use (check only one): Cropland(CR) • Range land(RL) Residential(RS) Pastureland(PL) Forestry(FR) Recreation(RC) Developed Water Resources(WR) 12. Primary Present Land Use (check only one): • Cropland(CR) • Range land(RL) • Residential(RS) I- Pastureland(PL) Forestry(FR) • Recreation(RC) I- Developed Water Resources(WR) 13. Estimated Beginning Date of Contract; Zone 13 General Agriculture(GA) Wildlife Habitat(WL) Industrial/Commercial(IC) Solid Waste Disposal(WD) I� General Agriculture(GA) • Wildlife Habitat(WL) Industrial/Commercial(IC) Mining(MN) April 1, 2013 13.1 Estimated completion date of contract: December 15, 2013 3 15. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Jeff Croll Title: Vice President Contact's Name: Company Name: Street/P.O. Box: City: State: American Civil Constructors, Inc. 4901 S. Windermere St Littleton P.O. Box: Colorado Zip Code: 80120 Telephone Number: (303 ) _ 7304523 Fax Number: (303 ) _ 347-1844 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Company Name: Street/P.O. Box: City: State: Steve O'Brian Title: President Environment, Inc. 7985 Vance Dr., #205A Arvada P.O. Box: Colorado Zip Code: 80003 Telephone Number: (303 ) _ 423-7297 Fax Number: (303 ) _ 423-7599 INSPECTION CONTACT Contact's Name: Company Name: Street/P.O. Box: City: State: Jeff Croll Title: Vice President American Civil Constructors, Inc. 4901 S. Windermere St Littleton P.O. Box: Colorado Zip Code: 80120 Telephone Number: (303 ) _ 7304523 Fax Number: (303 ) _ 347-1844 CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: Telephone Number: ( ) - CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Telephone Number: Zip Code: -4 14. Maps & Exhibits: Submit two (2) complete, unbound copies of the following application exhibits: 6.3.1 6.3.2 6.3.2 6,3.4 6.3.5 6.3.6 6.3.7 6.3.8 6.3.9 6.3.10 6.3.11 6.3.12 1.6.2(l)(b) 6.5 EXHIBIT A - Legal Description and Location Map EXHIBIT B - Site Description EXHIBIT C - Mining Plan EXHIBIT D - Reclamation Plan EXHIBIT E - Maps, to include the location of any recorded easements EXHIBIT F - List of Other Permits and Licenses Required EXHIBIT G - Source of Legal Right -to -Enter EXHIBIT H - Municipalities Within a Two-mile Radius EXHIBIT I - Proof of Filing with County Clerk EXHIBIT J - Proof of Mailing Notices of Permit Application EXHIBIT K - Terms of Governmental Contract EXHIBIT L - Permanent Man-made Structures ADDENDUM 1 - Notice Requirements Geotechnical Stability Exhibit (as required) Responsibilities as a Permittee: Upon application approval and permit issuance, this application becomes a legally binding document. Therefore, there are a number of important requirements which you, as a perrnittee, should fully understand. These requirements are listed below. Please read and initial each requirement, in the space provided, to acknowledge that you understand your obligations. If you do not understand these obligations then please contact this Office for a full explanation. 1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information contained in the application or your permit misrepresent important material facts; 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties, to you as penmittee can result; 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a new permit application and obtain approval from the Board or Office; 5. It is your responsibility to notify the Office of any changes in your address or phone number; 6. Upon permit issuance and prior to beginning on -site mining activity, you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information (Rule 3.1.12): a. the name of the operator; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, c. the permit number. 5 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance; 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Mineral Rules and Regulations in effect at the time the permit is issued. 9. Annually, on the anniversary date of permit issuance, you must submit an annual fee (S504), and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example, a permit with the anniversary date of July 1, 1995, the annual fee is for the period of July 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as an operator, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions, changes, and deletions to this document prior to final decision by the Office. Therefore, if you have any comments or concerns you must contact the applicant or the Office prior to the dccision date so that you will know what changes may have been made to the application document. The Office is not allowed to consider comments, unless they arc written, and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process, you may contact the Office at (303) 866-3567. 6 Certification: As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1. All necessary approvals from local government have been applied for (Section 34-32.5-111(1)(a)(IX)); 2. This entire mining operation will not affect more than 30 acres; 3. This mining operation will not adversely affect the stability of any significant, valuable and permanent man-made structure(s) located within two hundred (200) feet of the affected lands. (However, where there is an agreement between the applicant/operator and the persons having an interest in the structure that damage to the structure is to be compensated for by the applicant/operator (Section 34-32.5-115(4)(e), C.R.S. 1984, as amended), then mining may occur within 200 feet. Proof of an agreement must be submitted to the Office prior to the decision date.) 4. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115(4)(f), C.R.S. 1984, as amended); 5. As the applicant/operator, I do not have any mining/exploration operations in this state of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section 34-32.5-120, C.R.S. 1984, as amended) as determined through a Board finding. 6. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. 1984, as amended. This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-111,C.R.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to section 34-32.5-123, C.R.S. Signed and dated this 5. Ill day of yr L American Civil C• nstructors, Inc. Title: Vice President State of Colorado ) ss. County of Arapahoe ) The foregoing instrument was acknowledged before me this by Jeff Croll as Vice President If Corporation Attest (Seal) B day of Apr'c ...... *mss .. 'Y) it.. • 6 600 Town/q0 ' • • !se's .•• •.r `; 1 re -.40r ^ .o -- te of American Civil Constructors, Inc. MARNIE BILBREY MAAINAL UtAa/U-Ai6 NOTARY PUBUC Notary Public STATE OF COLORADO My Commission expires: at - I k' 2.Ok le NOTARY ID 200840c31765 commssioN ORESWES MUST BE IN BLUE INK TABLE OF CONTENTS LEGAL DESCRIPTION - EXHIBIT A LOCATION MAP - EXHIBIT A-1 PAGE 1 S ITE DESCRIPTION - EXHIBIT B S OILS & VEGETATION INFORMATION S OILS MAP P ERMANENT MAN MADE STRUCTURES WATER RESOURCES MINING PLAN - EXHIBIT C RECLAMATION PLAN - EXHIBIT D RECLAMATION COSTS MINING PLAN MAP EXHIBIT - El RECLAMATION PLAN MAP - EXHIBIT E-2 OTHER PERMITS AND LICENSES - EXHIBIT F S OURCE OF LEGAL RIGHT TO ENTER - EXHIBIT G MUNICIPALITIES WITHIN TWO MILES - EXHIBIT H P ROOF OF FILING WITH CLERK AND RECORDER - EXHIBIT I 2 3 11 14 14 15 17 18 19 20 21 22 26 27 N OTICE OF APPLICATION FILING FOR MINED LAND RECLAMATION PERMIT - EXHIBIT J 28 TERMS OF GOVERNMENT CONTRACT - EXHIBIT K 30 CDOT CONTRACT # FBR-0853-085 31 P ERMANENT MAN MADE STRUCTURES - EXHIBIT L 42 GEOTECHNICAL STABILITY EXHIBIT 43 S TRUCTURE AGREEMENT LETTER EXAMPLE 44 MAILING RECEIPTS 45 APPENDIX P OSTED NOTICE CERTIFICATION OWNERS OF RECORD OF AFFECTED LAND - SURFACE AREA CERTIFICATE OF SECRETARY 46 47 48 LEGAL DESCRIPTION EXHIBIT A Portions of the NW1/SW1/, SW'%NW1/ and NW'%NW1/, Section 21, Township 9 North, Range 67 West, of the 6th P.M., Weld County, Colorado, containing 20.0 acres more or less. 1 Liss a I • • 32 Name: NUNN (CO) Date: 04/04/13 Scale: 1 inch = 2,000 ft. Copynghl (C) 2008, MyTcpc 29 N • • 4 • 1 • • 1 a- ENTRANCE 040° 44' 21.20" N 104° 47' 28 20" W I • / t NIETfELD BORROW - EAST • • • • 4 :• LOCATION: Parts of the NW1/4SW1/4, SW1/4NW1/4 and NW1/4NW1/4 of Section 21, T -09-N, R -66-W, 6th P.M., WELD, COUNTY, COLORADO r • • Nunn PM 5.8% • • • • • rC -- • '1 27 Coco -light I,C) 2008 Mv3opo American Civil Constructors, Inc. Exhibit A-1 - Location map Nietfeld Borrow - East 111 Special Permit 2 SITE DESCRIPTION EXHIBIT B SOILS INFORMATION The following soils and vegetation information was obtained from site observations and the basic soils and vegetation infor- mation obtained from the Web Soil Survey. The pages from this web site show the general soils properties and vegetation capa- bilities for the site. The soil on the site is shown on the Soils Map, reproduced on page 11 following this text. This map or report does not address the old mine area where little soil remains. There is a single soil type found on the site, (54) Planter loam, 0 to 3% slopes. The description for this soil is found in the soils information on page 5 from the NRCS soil survey site for Weld County. The old mine covers approximately 35% of the site with the remaining areas having soil as described in the published data. The old mine area currently has a grove of scrub cottonwood trees, weeds, and grasses covering the surface and in some place reaches bedrock. We surmise that this old mine site was used some time prior to 1976 as a borrow area for construc- tion materials on the existing railroad overpass just northwest of the site. The entire site, outside the old mine has a fairly healthy grass cover and has been planted as dryland CRP lands. On the unmined areas there is a 0 to 4 inch layer sandy loam that will be salvage for use as topsoil. Underlying this top cover is a layer of sandy clay loam that will be mined for use of the CDOT project as fill. ON SITE VEGETATION INFORMATION 1. Current vegetation cover percent is: 0 to <40% 2. Topsoil depth on site averages: 0 to 4 inches The site is located north of Nunn, Colorado along the east side of HWY 85 and south of WCR 104. The old mine area covers approximately 7.05 acres of the 20.0 acres we are permitting. We are incorporating portions of the old mined area in this permit but will only reclaim the areas redisturbed during our mining operation. 3 SITE DESCRIPTION (cont) Exhibit B It is a dryland site with no special or unique characteris- tics. In the previously mined areas there is a sparse covering of trees, weeds and a few grasses. Average annual production is estimated at 400-1700 # per acres depending on whether in the old mine area or on undisturbed areas. According to the NRCS report the species of vegetation found on the soils listed for parts of this site are weeds, cottonwood trees, Western wheatgrass, needleandthread, and Green needle - grass. The grass species listed makeup 90 to 95%, by weight, of the grasses found on the site. The Soils Map is approximately 10 years old and shows that some of the 20.0 acres in our permit area was an old mine area and the rest was cultivated dryland crop area. 4 USDA United States Department of Agriculture 4 MRCS Natural Resources Conservation Service A product of the National Cooperative Soil Survey, a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local participants Custom Soil Resource Report for Weld County, Colorado, Northern Part March 15, 2013 Custom Soil Resource Report Weld County, Colorado, Northern Part 54—Platner loam, 0 to 3 percent slopes Map Unit Setting Elevation: 4,500 to 5,900 feet Mean annual precipitation: 17 to 19 inches Mean annual air temperature: 46 to 52 degrees F Frost -free period: 140 to 165 days Map Unit Composition Platner and similar soils: 80 percent Minor components: 20 percent Description of Platner Setting Landform: Stream terraces, plains Down -slope shape: Linear Across -slope shape: Linear Parent material: Calcareous loamy alluvium Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Capacity of the most limiting layer to transmit water (Ksat): Moderately low to moderately high (0.06 to 0.20 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content 10 percent Maximum salinity: Nonsaline (0.0 to 2.0 mmhos/cm) Available water capacity: Moderate (about 8.9 inches) Interpretive groups Farmland classification: Prime farmland if irrigated Land capability classification (irrigated): 2e Land capability (nonirrigated): 3e Hydrologic Soil Group: C Ecological site: Loamy Plains (R067BY002CO) Typical profile 0 to 4 inches: Loam 4 to 24 inches: Clay 24 to 60 inches: Sandy loam Minor Components Ascalon Percent of map unit: 8 percent Manzanola Percent of map unit: 6 percent Nunn Percent of map unit: 6 percent 10 6 Custom Soil Resource Report Chemical Soil Properties- Weld County, Colorado, Northern Part Sodium adsorption ratio O O O Salinity O o O N O O E N a. O Pct o 0 o C) C - 0 c 0 0 n U CO L 4 0 to 0 0 r N- C 0 C) R3 C) - 0 V) Hd CO IC (D (D CD IC (5 O o cb I- Effective cation - exchange capacity a a cy Q) ,- I I Cation - exchange capacity a a 6 - cu U) tf) r t() 1- 0 N O NN O tf) Depth I-• 1- 0 4 N 4 CO 4 N Map symbol and soil name 54—Platner loam, 0 to 3 percent slopes Platner 7 Custom Soil Resource Report a) U) U) 0 Q L a) 9O a) L 9^x W a) co �--� C ^U) W W a) 44 a) 0 C a) U) ^Ll W U) a) L a) .--. (t3 E U) a) O C a) a) (v +� (v a) r� ('3 U) a) r� (a 'Es U_ C T C a) C ('3 O a) U C a) U) Q textures follow the dash. Engineering Properties— Weld County, Colorado, Northern Part Plasticity index o _ ii)o o to r Z Percentage passing sieve number— Liquid E Pct o in N 0 O LU O N 0 O N 0 I- a in LU 0) a 0 (0 a cr) (.3 in Q) th o O r O CO O N- u7 in o r 6 o r LU co in Q) O co !t O O r O Q) O O r O Q) O O r LA N- Fragments o O 0) T'''' t . U en w. U 0 0 0 LA aC 7 U C U O- O 0 0 Classification AASHTO 4 Q t-- Q N < ...1. (D Q Q is N CL -ML CH, CL U J V) U USDA texture *Loam *Clay, Clay loam *Sandy loam, Gravelly sandy loam, sandy clay loam Depth C O N 4 0 4 N Map unit symbol and soil name 54—Platner loam, 0 to 3 percent slopes Platner 8 Custom Soil Resource Report Physical Soil Properties —Weld County, Colorado, Northern Part Wind erodibility index 56 Wind erodibility group U, Erosion factors I- - O Cr) Tt N O N CO N a '- CD t p) CD E O"` 3 eL O O Ni O Ni to O O O O Linear extensibility Pct O) Ni O O Q) cd O CD Q) Ni O O Available water capacity ` C co Q (O T O O c CO r O c0 Q O) O O Saturated hydraulic conductivity micro m/sec r r d' M N 4 0.42-1.41 14.11-42.33 Moist bulk density g/cc 1!) d' T yO V T 1.35-1.45 O T �O V r� CD U Pct O N ob T i1') T 35-43- 50 Yl (N.1 T O T //W V/ Pct O T Q) U) C //C^D V/ Pct (� V' I MM a!) N I NI - CO .c1 ac O O v 4 o co N Map symbol and soil name 54—Platner loam, 0 to 3 percent slopes a) C to d 9 Custom Soil Resource Report Rangeland Productivity and Plant Composition- Weld County, Colorado, Northern Part Rangeland composition Pct o CO LO r Ifl Total dry -weight production Characteristic vegetation Western wheatgrass Green needlegrass Needleandthread C, E L O c cc d > 4- c D U 0 o CO Normal year ct -4 J O O N r Favorable year U 00 -4 0 0 Ecological site Loamy Plains Map unit symbol and soil name 54—Platner loam, 0 to 3 percent slopes W C r --I ^0 I - 10 40` 44' 27 40° 43 50" 104' 47' 37' I- M iet v 0 0 A Custom Soil Resource Report Soil Map (east) Map Scale: 1:4.630 if prnted on As¢e (8.5" x 11") sheet Meters 0 40 80 160 240 0 150 300 600 Feet 900 518000 518100 G 0 0 40° 44' 22" 11 Custom Soil Resource Report Z 0 Q 5 O Q 2 MAP LEGEND 1:4,630 if printed on A size (8.5" x 11") sheet. a) Cn a m 2 Very Stony Spot Area of Interest (AOI) to Area of Interest (AOI) The soil surveys that comprise your AOI were mapped at 1:24,000. L. a) L o 0 U) Warning: Soil Map may not be valid at this scale. a) c a) c a)"o" v U N fc2 8 O c c U>' 8 co co U o O U N C U co a co a) Ct _a c0 E co To p O E c N ))'aa) ac, a U co E3 o w O w0L (1)ct oC o - 10 a w a c0 O co EgE a _C O L C C fo a) co (DE a) (D a) m fo U w E CO a) -o a) CU Q) a) I- O ca m C 0 L CO C a) a) a) co L z 8 co L_ U 0 CO Soil Map Units Special Line Features T C) Special Point Features Short Steep Slope a) t_ O Political Features w a O co CO E m a) co 465 > (D — 8O) p co O ` co -S d ccoo (n r E 16 c ° t a) `c cn o a) U Z L a) a) 0 aci, O 2 0 O co S≥ o aZ Q a)O CV E UO to O r cn OZ (n OM a) .n r U D U LQ• co a) a) a) > Q a) a 3 c L cc o o " 3 E co- o aN E o O c O it ..E. 2o AD O .o up .. D o m a) �. J Z co u) cv er .. a) a) D E c n c a > > cn co ,_ O O C co a co V Q co �E 2(na) aCtea) — (0-a 0 3 kga a) ink ) i-- ',5cn C a L C O C� O a cc Closed Depression PLSS Section 0 0 Water Features 0 0 C Streams and Transportation Marsh or swamp N to a Mine or Quarry Interstate Highways Miscellaneous Water U, a, O CC U) D Major Roads Date(s) aerial images were photographed: Local Roads UM Perennial Water k�l - (.3) Rock Outcrop a) c_ a) L L a) cn 3 -cjc c_ O a) E — Yco E Q) (n -c o a) a) N L E U N L O Q) co c C '- CO, a) oa co `n a>i a)n Et m 01) (13a�E ,...#1° c .� IS O N O O pmQ) c O'a > o aQ c .tn r_ -C a O a o co a) E co E o ._ o O a U) 'a) a) o 8_ in a U) U a, a CTo Co CO CO n COc I�I a) O L C U) Custom Soil Resource Report Map Unit Legend (east) Weld County, Colorado, Northern Part (CO617) Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 54 Platner loam, 0 to 3 percent slopes 20.8 100.0% Totals for Area of Interest 20.8 100.0% 8 13 SITE DESCRIPTION (cont) Exhibit B PERMANENT MAN-MADE STRUCTURES The man-made structures within 200 feet of the affected lands are State Highway 85, a highway bridge, a 3 strand wire fence along the highway, County Road 104 on the north, 2 fiber optic lines in the railroad ROW on the west, and the railroad tracks along the east side of the property. There are no wells, water storage impoundments, or cemeter- ies within 200 feet of the affected lands. CDOT owns the High- way, the bridge and fence on the west side and our construction contract with them covers damages to the fence. The eastern most fiber optic line's lies within 10 feet of the west slope of the old mine area and County road 104 is above the mine. The rail- road tracks are 2015 feet away from the mining area. A mining setback of 15 feet will be maintained around the site. The sides of the old mine area appear to have a 2h to lv or greater slope. There is no plan to disturb these slopes, only extend them north and south as material is mine. At their highest point they are approximately 10 feet high. We will continue to work on the north and south sides of the open hole until the project material volume has been reached. In the area where the slope is created during mining it will be grade to 2h to lv when reclamation is done since they are more then 5 feet above water. The bottom of the mine will be above the ground water surface in this area. WATER RESOURCES This is a dry mining operation. There are no water struc- tures on the site. The Lone Tree Creek is approximately 7400 feet east of and 20 feet lower than the mine. Review or water well records for the vicinity of the mine indicate that the water table is approximately 30 feet below the ground surface. Ground water will not be encountered on this site because its floor elevation will be 10 to 15 feet lower than the existing ground elevation. We will not affect the hydrologic balance of surface or subsurface water in the area. The water used at this site is purchased from a source approved for use on the permit area. 14 MINING PLAN EXHIBIT C MINING PLAN EXHIBIT C 6.3.3 - This is an open pit mine located 1.45 miles north of Nunn, Colorado, east of State Highway 85 and south of WCR 104. We anticipate the life of this mine to be for the length of the contract, working 180+ days. The contract was signed March 5, 2013 and stripping from this borrow area is scheduled to begin in early April 2013 and possibly ending as late as December 15, 2013. The primary material to be removed from the site is a sandy clay loam or sandy gravel that underlies the topsoil and is suitable for use as borrow. The material will be used to supply fill material for a overpass reconstruction project on HWY 85 just west of the mine. No secondary material to be mined nor are there any incidental products that will be used. There will be no blasting at this mine. The site is currently used by the landowners as rangeland. Of the 20.0 acre ± in the permit area, approximately 17.7 acre ± will be used as mining or load out area and 0.58 acres will be access roads. The remaining 1.73 acres is contained in setback area. Some of this area is part of the old mine (10.6 ac.±) that may not be redisturbed unless it contains material suitable for the project. The material is a sandy gravel deposit usable for filling on the CDOT project area. Previous mining has created a hole in the deposit with steep sloped faces on the east and west sides with the north and south ends sloping up to the original surface. Mining will begin on the north end and work to the south until the project needs are met. Mining will begin by first clearing the land and stripping topsoil from the area to be mined. The approximate locations of the topsoil piles are shown on Map Exhibit E1. The site will be mined in the direction shown on the mining plan map. The existing road from WCR 104 will be improved and maintained during extraction. Per our agreement with the prop- erty owners, the existing access road will be graded, and when mining ends. This road will be approximately 30 feet wide and 2500 feet long. 15 MINING PLAN EXHIBIT C We will extend the existing floor into the newly mined areas. Where mining ends the slopes created during mining will be graded 2h to lv to stabilize them. Resoiling and revegetation will then be done. We will remove approximately 80,000 yards of pit run material from the mine extending the hole created by past mining. When mining is complete, we expect to leave the site as it now exists, with the exception that in the area where we removed the material, the side slopes will be graded 2:1 or less. The floor of disturbed area will be graded so it blends with the existing floor leaving a fairly level area. Mining will be done by using motor scrapers and dozers to remove the material and haul it to the project area via an internal CDOT project haul route. The RECLAMATION MAP - E-2 shows how we believe the site will look when mining ends. All soil suitable for revegetation will be salvaged and protected for use during reclamation. We expect to replace from 2 to 4 inches averaging 3 inches of growth medium on the dis- turbed areas. On -site equipment may include, but is not limited to, a motor grader, front-end loaders, motor scrapers, a dozer, dump trucks and a water truck. Some processing may take place on the site. If this is done, a portable screen plant will be used to screen the material to meet the specifications required in the CDOT contract. The exact location where the screen plant will be located is unknown at this time. No chemical except fuel will be used at the processing plant. We have shown a plant site area on the Map Exhibit El - Pre -Mining Map that may change once the site layout planning begins. 16 RECLAMATION PLAN EXHIBIT D 6.3.4 - Final grading will be such that the topography is appropriate to the reclaimed use of the property, i.e., as rangeland. Any slopes created will be graded 2h to lv more or less. This sloping rate is consistent with the rate now found on slopes within the old mine area. They are stable and capable of sustaining vegetation. The floor of the mine will have a gentle slope from north to south, so the existing drainage patterns across the site are maintained. Once mining is complete, the area will be shaped, graded and resoiled. Topsoil will be respread on the disturbed areas at a rate of 2 to 4 inches deep, averaging 3 inches. When this is done the area will be seeded and mulched. Seeding will occur between October 15th and June 1st. The seed will be drilled to insure maximum germination and most rapid cover establishment. The seeding mix and species of grasses for the area are shown below. This is a seed mixture which was prepared by the Colorado Department of Transportation (CDOT) for use on the adjacent highway project. We also expect to see a natural invasion of forbs and other grass species from the surrounding areas. Only inaccessible areas (if any) will be broadcast seeded. If the seed is broadcast, the seed rates will be doubled. When seeding ends weed free straw mulch will be broadcast spread at a rate of 4000 lbs. per acre, and crimped using a disk to keep the straw in place. The landowner will be asked to keep live stock and unautho- rized persons off the site during the first two years to insure the seed takes and if necessary the seeded area will be fenced. After the second growing season the site will be inspected and an assessment of revegetation success will be done to determine if additional seeding will be necessary. If the analysis shows additional work is needed it will be done that fall. Weed control will be implemented prior to and during revegetation activities. This does not mean we will attempt to kill all weeds, since some provide a natural ground cover and shade for emerging grass. We will concentrate on controlling the noxious weeds on the reclaimed area, following normal NRCS recommendations if a problem occurs. PROPOSED SEED MIX SPECIES # PLS/ AC Blue grama Side -oats grama Little blue stem Prairie june grass Green needle grass Western wheatgrass Switch Grass Oats Prairie coneflower Purple Prairie clover Blanket flower Total 1.0 2.8 1.5 0.1 3.0 6.5 1.5 3.0 0.1 0.3 0.3 20.1 17 RECLAMATION COST ESTIMATE According to Rule 4.2.4(1) the bond must be at least $2,500.00 per acres or fraction there of. For the 20.0 acres in this permit it will be $47,500. The following Reclamation Cost Estimate is based on the assumption that there will be no more that 17.7 acre ± disturbed at any one time. It also assumes, that when it comes time to resoil the area, an average of three inches of soil would be spread over the disturbed area. At that time we will have to respread 7,140 cubic yards of topsoil and shape 1300 linear feet of slope cut/fill grading. The time when it would be most expensive to reclaim the site is when mining is done and sloping, resoiling and seeding is needed. The table below outlines the various sizes of disturbed areas as explained above. The areas needing work in this analysis are shown on the Reclamation Map -Map Exhibit E-2 . A dozer will be used to complete the sloping, a cat 627E will be used for resoiling and a motor grader will be used to shape the site after resoiling is complete. STAGE NEEDING RESOILING REVEGETATION AREA CUT/FILL SLOPING SECONDARY REVEGETATION RATE RESOIL @ 3 INCHES WEED FREE STRAW MULCH TOTAL SOIL DEPTH 1 7.70 AC 1 7.70 AC 1 300 LFT 33% 7,140 CUBIC YARDS 4000 LBS/AC 3" ESTIMATED UNIT COSTS FOR RECLAMATION ITEMS: Unit Cost 1 Grading, and shaping area 144-G motor grader 2.11 ac/ hr $ 59.54/ac. 2 Re -spreading soil and/or growth media with 627E motor scraper haul distance 900 ft or less $ 0.404/YD3 3 Cut/fill sloping with D8N Cat Dozer push distance, 50 ft or less $ 0.637/YD3 3 7 /YD3 4 Revegetation costs includes grass seed, mulch and labor $500.00/ac 1 2 3 4 5 • • • • RECLAMATION COSTS Grading, and shaping 17.70 ac. ,` $59.54/ac. $1,035.92 Resoiling, 7,140 yd t?? 40.4/yd3 3,215.95 Cut/fill grading 1300 lft x 1.56 yd/lf * 63 . 7/yd 3 1, 292.71 Revegetation cost 17.70 ac. @ $500.00/ac. 8,850.00 Secondary revegetation cost 5.84 ac. $500.00/ac. 2,920.50 Net Total $17,315.08 6 Indirect costs Mobilization 13 mile haul from Wellington Insurance, Bond, & Profit 7 Administration costs TOTAL ESTIMATE SUGGEST BOND BE SET AT $50,00.00 3,175.50 2,168.71 865.75 $23,525.04 18 AMERICAN CIVIL CONSTRUCTORS, INC. PRE-MINNG MAP - EXHIBIT E-i NEITFELD BORROW - EAST OWNERSHIP WITHIN 200 FEET AND AFFECTED LANDS Leroy a 6 Peggy J Bellmore 113480 County Rd 100 Nunn Co 80648 State of Colorado 600 Grant St Ste 640 Denver Co 80203 State of Colorado Department of Transportation 4201 E Arkansas Ave Denver Co 80222 STRUCTURES WITHIN 200' Q1.) Janet Lee & Karl Louis Kerzic 57 E Woodland Cir Highlands Ranch Co 80126 Dayton C. 6 Lilo a Nietfeld. Trust PO Box 186 Nunn Co 80648 Union Pacific Railroad Attention. Right of Way 1400 Douglas Street Omaha. NB 68179 (7) Weld County Public Works P.O. Box 758 Greeley, CO 80632 Level 3 Communications - 2 - fiber optic lines CDOT - Highway 85*. 3 strand barbed wire fence, bridge* Weld County - County Road 104 Union Pacific Railroad - railroad tracks* Notes: 1) Old mine area may not be redisturbed 2) Mining setbacks will be 15 feet from permit line. 3) If processing is done a portable screen plant will be used. No chemical except fuel would be used at the plant. LEGEND III I= In MISS III IIIIIIIIIIII c4C j J Vegetation Western wheatgrass Green needlegrass Needleandthread Cottonwood trees iS \ PREPARED BY: ENVIRONMENT, INC. 7985 VANCE DR., # 205A ARVADA. CO 80003 (303) 423-7297 PERMIT LINE/AFFECTED LANDS 200 FOOT LINE ROADS- GRAVEL BURIED COMMUNICATION LINE FENCE RAILROAD TRACKS SCATTERED TREES AREA TO BE MINED OLD MINED TEMPORARY TOPSOIL PILES DIRECTION OF MINING N s APR 03, 2013 — 17:38:13 DATE: 0 150 300 600 SCALE 1"=300' CONTOUR INTERVAL: 5 FEET PA121 OF 11W MM/ 459M/ 4.5W1/ 4MM/ 4 ma NM/ 4MI/ C1ION O. foWN9IF 9 NORTH. RANI, 66 VW51, 6TH P!� MP GOWN. cac co WCR 104 1 Notes: 1) All mined slopes will be graded 2h to lv. 2) Slopes into the Old Mine area will not be graded unless disturbed by mining. 3) Only areas disturbed by current mining will re reclaimed. 4) Topsoil will be respread on the disturbed areas at a rate of 4 to 6 inches deep. averaging 5 inches. PREPARED BY: ENVIRONMENT, INC. 7985 VANCE DR.. # 205A ARVADA. CO 80003 (303) 423-7297 AMERICAN CIVIL CONSTRUCTORS, INC. RECLAMATION PLAN MAP - EXHIBIT E-2 NEITFELD BORROW - EAST g155 n` 5.) \ PERMIT ARE \20.0 AC. ± OWNERSHIP WITHIN AND AFFECTED LAN Leroy a 6 Peggy J. Bellmore 113480 County Rd 100 Nunn Co 80648 State of Colorado 600 Grant St Ste 640 Denver Co 80203 State of Colorado Department of Transportation 4201 E Arkansas Ave Denver Co 80222 STRUCTURES WITHIN 200' DS 0 FEET Janet Lee 6 Karl Louis Kerzic 57 E Woodland Cir Highlands Ranch Co 80126 Clayton C, 6 Ho a Nretfcld. Trust PO Box 186 Nunn Co 80648 Union Pacific Railroad Attention: Right of Way 1400 Douglas Street Omaha. NB 68179 Weld County Public Works P.O. Box 758 Greeley. CO 80632 Level 3 Communications - 2 - fiber optic lines COOT - Highway 85*. 3 strand barbed wire fence. bridge' Weld County - County Road 104 Union Pacific Railroad - railroad tracks* LEGEND ■ IMP =In ■ C r PERMIT LINE/AFFECTED LANDS 200 FOOT UNE ROADS— GRAVEL BURIED COMMUNICATION LINE FENCE RAILROAD TRACKS SCATTERED TREES RECLAIMED AREA OLD MINE B DATE: APR 03. 2013 - 17: 39 13 / 0 150 300 600 SCALE 1"=300' CONTOUR INTERVAL: 5 FEET PARE OF 1W MVI/45M/4.9M/4NIM/4 adPJM/4MM/h %C110N 21, tOM49WF 9 NORM. MCI 66 NE5f, 61H PN,. aw cam. caovvo OTHER PERMITS AND LICENSES REQUIRED EXHIBIT F 1 An Air Pollution permit will be obtained if needed. 2 A County Conditional Use permit is not necessary for ill Special permits in Weld County. 3 This is an open pit dry mining operation and ground water will not be exposed so a well permit and temporary supply plan is unnecessary. 4 A dredge fill permit (404) is not required because there are no waters of the U.S. on this site. 5 A Storm Water Management Plan (SWMP) will be prepared for this pit if there is a potential for surface water leaving the site. 6 A NPDES permit to cover stormwater runoff and dewatering is not required, all stormwater will soak into the ground before it can leave the site. 21 SOURCE OF LEGAL RIGHT TO ENTER EXHIBIT G LEASE AGREEMENT fk THIS LEASE AGREEMENT is made this made and entered into this =day of Ill zrcll4 tot,.,_ by and among A,wvcu. C if ( Co t a -v (4 b rS` /#/c whose address is 4%i uJc.t1 wµc n- Li (he {bA, Co tcpn , hereinafter collectively called LESSOR, and OyI- n Pilate() trust- whose address is 1001/3 4/4 30/ , hereinafter called LESSEE. S ee le ie ) co p,063( THE NIT • TERM OF THIS L E shall be for a period. of 8 months commencing on f lei and ending (1 r Zoc . After the original term of this lease as set forth above, this lease shall renew itself from month to month unless either party notifies the other in writing on or before the j i1ay in the month prior to which expiration of this lease is desired. WITNESSETH: That the LESSOR has this day leased to the LESSEE a portion of the following described property, as spepified in a permit issued by the Colorado Mined Land Reclamation Board, situated in fNGL D County, State of Colorado, S/W 'A of Section 21.9.66 as described by attached exhibit A and map TERMS SPECIFIC TO LESSEE (a) LESSEE shall be responsible for periodic reclamation of the mined area located on the subject property as shown in Exhibit A attached, pursuant to the requirements of the permit issued by State of Colorado Mined Land Reclamation Board. LESSEE may not sublease the subject property without the prior written approval of LESSOR. This provision shall not limit the right of ingress and egress necessary for LESSEE or its customers to mine or transport material from the property. LESSEE will pay LESSOR one lump sum amount of This value is based on the embankment required for the project (153,656 cy) less the unclassified excavation produced on the project (21,159 cy) =132,497 cy times a 15% shrink factor equaling a total of 152,372 cy @ $1.00 / cy. LESSEE agrees to make payments to the LESSOR monthly that correspond to CDOT's monthly progress estimate percent complete of the embankment item. The total of all payments will be LESSEE agrees to reimburse the LESSOR for any damage done to the structures owned by LESSOR and listed in the State Reclamation Permit, as a result of the proposed mining operation. TERMS SPECIFIC TO LESSOR: (b) '1;SSOR will-overst a-L-ESSRL'S-reclamation of thepit, uieluding, ffreplat ement and seeding. LESSOR agrees that LESSEE shall have the right of ingress and egress required for the removal of the material anticipated under this Lease. 22 (c) LESSOR or their agent may inspect the property at any time. (d) LESSOR agrees, without farther consideration and in compliance with the request of the LESSEE to cooperate with LESSEE in obtaining and maintaining its permits for the subject property and furthermore, LESSOR agrees not to delay, hinder or in anyway interfere with the excavation operations as long as the LESSEE is not in violation of the terms of this agreement. MISCELLANEOUS: this Lease Agreement may be altered, revised or terminated only upon the written agreement of the parties hereto. IT IS FURTHER EXPRESSLY UNDERSTOOD AND AGREED that this Lease Agreement Shall be binding upon the heirs, executors, administrators and assignees of the respective parties hereto. Dated this day of� 2013 LES SEE: 44 «avt f I 6‘444-14eLs LESSOR: d/icrL dMII f vk cf . By: d/z'-jf&n die 14 a Title itftOtte, Signed: ert By: Jeffrey L. Croll , Vice President LESSEE Notarization LESSOR Notarization STATE OF COLORADO ) STATE OF / ) ss. ) ss. COUNTY OF vat* ) COUNTY OF W — ) The forgoing was subs ribed before me, a Notary Public, this "day of/M , 2013. Notary Pu My commission ex uses: 2-43/20-07 The forgoing was subscribed before me, a Notary Public, this' 'day of Mot , 2013. Notary Pub tr,re My commission expires: t/( s7>i) 07 f' I Scott M Smith Notary Public State of Colorado 23 02/25/2©13 38:5' 970-355-123E FEDEX EFFICE 0498 PAc E E1: Exhibit "A' :The southwest ,carte: (S;•71x) of section 'Nert y -ore ( 1) , Township Nine (9) Norrh e Range Sixty-si:t (66) Welt. of the 6,h P','s and all that part of the Northwest Quarter Ws) of Section 21, Township 9 North, Range 66 West e f the 6th 9.M. lying between the new Location of. State Iiighwsy No. 3 en the Easterly side and_ Ithe union Pacif5,l PaUznad property line and the west line of said UW1/4 of said 'Section 21, heating att the Westerly side and more pexticui.ar1y described as follows: fDeginnsng at a point on the SolAh line of the 4WD of sa:i,d Section 21, from whence the southwest corner of said NWT of said section bears South 890 34' West a distance of 299.2 feet, more or less thence North 18O SA' West, a a. t,anoe of 1425.3 feet, more or less, to a pniris 40 feet Easterly from the West line of said Nigh eE said section 21; thurieo southezly along a line parallel with and distant 40 feet Easterly from the Went line of said NN of said section 27., a distance of .957 feet, more or less, to a point on the Easterly property line of the ~jna..on PaPacific Railroad.; thence sautheazter1y along the Easterly property line o_ the Onion Pactpac5M.o l ailrwfd 4 d1stance of 1504 Ze8t , more or less, to the south line oZ said NA of paid section 21, thence easterly along the south flag of said NW1 400 Feet, more of less; to the point of beginning. satect to and excepting all mineral, oil and gas reservata,ons and J.aa es and easements of record. USDA United States Department of Agriculture ail Farm Service Agency February 22, 2011 Farm: 11168 Tract: 12686 Weld County, CO 1:$,885 LAND D SCRIPTION ; S/W% of 21.9, 66 Disclaimer: Wetland identifiers do not represent the size, shape or specific determination of the area. Clayton C , P�1 e to d Refer to your original determination (CPA -026 and attached maps) for exact wetland boundaries and determinations, or contact NRCS. 1009 13th Avenue # 301 Greeley, Colorado 80631 Ph: 970.352.5685 ¶e11: 970.371.7116 25 MUNICIPALITIES WITHIN TWO MILES EXHIBIT H Town of Nunn P.O. Box 171 185 Lincoln Ave Nunn, CO 80648 (970) 897-2385 26 PROOF OF FILING WITH CLERK AND RECORDER EXHIBIT I April, 2013 Weld County Clerk to the Board Board of County Commissioners Office 1150 O Street Greeley, Colorado 80631 Re: Application for a Mined Land Reclamation Permit Dear Sir/Madam: We are delivering to you here with a copy of an application for the Nietfeld Borrow - East, a Special 111 Construction Materials permit, to be operated by American Civil Constructors, Inc. Two copies of the application are on file with the Division of Reclamation, Mining & Safety (D.R.M.S.). R . M . S .) . This copy of the application is delivered to you pursuant to 34-32.5-112(9)(a), Colorado Revised Statutes 1995, as amended, which states in part: ....the applicant shall file a copy of such applica- tion for public inspection at the office of the County Clerk and Recorder of the County in which the affected land is located. Please acknowledge receipt of this copy of the permit application by signing in the appropriate space provided below and returning one copy of this letter to the person delivering the book. Please hold the book for pick up after the application has been approved by the MLRB (approx. 80 days). Yours truly, Environment, Inc. Stevan L. O'Brian enclosure RECEIVED THIS DAY OF , 2013 MLRB application packet for above mine. By Weld County Clerk to the Board 27 PROOF OF MAILING NOTICES OF PERMIT APPLICATION EXHIBIT J NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT SPECIAL 111 PERMIT APPLICATION NOTICE TO COUNTY COMMISSIONERS Weld COUNTY American Civil Constructors, Inc. (Operator) has applied for a Con- struction Materials Special 111 Reclamation Permit from the Colorado Mined Land Reclamation Board ("the Board") known as the Nietfeld Borrow - East, to conduct mining operation in Weld County. The at- tached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Reclamation, Mining & Safety (DRMS) ("the Divi- sion") and the Weld County Clerk to the Board's office. The applicant proposes to reclaim the land as rangeland. Pursuant to C.R.S. 34-32.5-116(7)(j) the Board is required to confer with the local Board of County Commissioners before approving the post -mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the application within five (5) working days after the applicant was filed with the Division. If you would like to discuss the proposed post -mining land use, or any other issue regarding this application, please contact the Division of Minerals and Geology, 1313 Sherman St., Room 215, Denver, CO 80203, (303)866-3567. American Civil Constructors, Inc. (303) 730-4523 March 2013 28 PROOF OF MAILING NOTICES OF PERMIT APPLICATION EXHIBIT J (cont) NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT SPECIAL 1 1 1 PERMIT APPLICATION NOTICE TO THE BOARD OF SUPERVISORS OF THE LOCAL SOIL CONSERVATION DISTRICT West Greeley DISTRICT American Civil Constructors, Inc. (Operator) has applied for a Con- struction Materials Special 111 Reclamation Permit from the Colorado Mined Land Reclamation Board ("the Board") known as the Nietfeld Borrow - East, to conduct mining operation in Weld County. The at- tached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Reclamation, Mining & Safety (DRMS) ("the Division") and the Weld County Clerk to the Board's office. The applicant proposes to reclaim the land as rangeland. Pursuant to C.R.S. 34-32.5-116(7)(j) the Board is required to confer with the local Board of Supervisors of the local Soil Conservation District before approving the post -mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the application within five (5) working days after the applicant was filed with the Division. If you would like to discuss the proposed post -mining land use, or any other issue regarding this application, please contact the Division of Minerals and Geology, 1313 Sherman St., Room 215, Denver, CO 80203, (303)866-3567. American Civil Constructors, Inc. (303)730-4523 March 2013 29 Copy Colorado Project No. FBR 0853-085 Project Code (SA.##) 18669 Contract Routing No. 13-1-IA4-53789 Contractor American Civil Constructors, Inc. Date 3/5/2013 Colorado Department of Transportation Contract and Bond Denver aisle COVER COOT Form #85A 12/05 30 Agency or Department Name: Department of Transportation Department or Agency Number: HAA Contract Routin Number:/3/4q'/5$7e? CONSTRUCTION PROJECT CONTRACT' THIS CONTRACT, made this D- day of FnGLn.G 20B, by and between the State of Colorado for the use and benefit of the Department of Transportation, hereinafter referred to as "the State" or "the Department", and American Civil Constructors, Inc., hereinafter referred to as "the Contractor". RECITALS 1. Authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient uncommitted balance thereof remains available for encumbering and subsequent payment of this Contract under Encumbrance Number 18669 in Fund Number 538, Funds Center B8800-538, Functional Area 3300, GL Account 4231100011. 2. Required approval, clearance and coordination have been accomplished from and with appropriate agencies. 3. Pursuant to section 24-92-103, CRS, the State issued an Invitation For Bids for a Transportation Construction Project, and the Contractor's bid was selected in accordance with State law as a result of the advertisement for Colorado Project Number FBR 0853-085, 18669. THE PARTIES THEREFORE AGREE AS FOLLOWS: Section 1. Scope of Work The Contractor shall, in a good and workmanlike manner at his own cost and expense, and strictly in accordance with this Contract, furnish all materials and do all work not herein specifically excepted, necessary or incidental to the complete construction of Colorado Project No. FBR 0853-085, consisting of bridge replacement, including embankment, HBP roadway realignement, guardrail, signing, stiping, mulching, and seeding, located on US85 in Weld County in the State of Colorado. The work is described in the plans and specifications for the project. 1 To be executed in triplicate, one copy for CDOT, one for the Contractor and one for the State Controller. 1 31 Section 2. Order of Precedence In the event of conflicts or inconsistencies between this Contract and its exhibits or attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1. The Colorado Special Provisions contained in Section 24 of this Contract 2. Special Provisions for this project a. Project Special Provisions b. Standard Special Provisions 3. TTh.e Plans a. Detailed Plans b. Standard Plans Calculated dimensions will govern over scaled dimensions. 4. Supplemental Specifications 5. Standard Specifications for Road and Bridge Construction ("Standard Specifications") 6. This Contract proper 7. The Contractor's Proposal, Exhibit A 8. The Contract Exhibits and Attachments in descending order Section 3. Performance Period The C ntract shall be effective upon approval by the State Controller, or designee, or 011 3 5 l?} whichever is later ("Effective Date"). The Contract shall terminate upon the da of final payment for the work or final audit of the work, whichever is pertinent to this Contract, unless earlier terminated by the State. The Contractor understands and agrees that any contract work performed or costs incurred prior to the Effective Date shall not be compensated under the terms of this Contract. The parties agree that "time is of the essence" and that work shall begin under this Contract and that all work must be completed as set forth in the project special provisions. Section 4. Price -- Payment Terms The State shall pay the Contractor, according to the requirements of the specifications and subject to the following paragraph, the amounts required for the completed work at the unit prices set forth in the Contractor's Proposal, and such further amounts as may be required for extra work or materials, all according to the provisions and subject to the conditions as set forth in the specifications above referred to. Payment pursuant to this Contract will be made, as described in the specifications, from available funds that are currently encumbered for this Contract in a maximum amount not to exceed $5,111,963.00. The liability of the State for payment sha be limited to such finds. 2 32 Section 5. Payment and Performance Bond This Contract shall not take effect or be in force until the Contractor shall have furnished and delivered to the State a Payment and Performance Bond, attached hereto as Exhibits B and C, acceptable to the State, in a penal sum equal to the nearest integral $100.00 in excess of the Project Commitment Amount duly executed by a corporate surety, qualified and licensed to do business in Colorado and maintaining a general agent therein. The Project Commitment Amount is the total bid per "Schedule" hereto attached plus the estimated amount of force account items designated for bonding in the Project Special Provisions. Section 6. Legal Authority The Contractor warrants that it possesses the legal authority to enter into this Contract and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Contract and to bind the Contractor to its terms. The person(s) executing this Contract on behalf of the Contractor warrant(s) that such person(s) have full authorization to execute this Contract. Section 7. Incorporated Terms and Conditions The Contractor understands and agrees that the Contractor's Proposal, the Plans, the Standard Specifications for Road and Bridge Construction, and any Special Provisions for this Project, all being applicable to the project are each and all incorporated into and made a part of the terms and conditions of this Contract. These documents are on file in the office of the Department of Transportation at Denver, Colorado, together with such alterations and modifications as may be made in accordance with the provisions of said Plans and Specifications. The Contractor further agrees to adhere to the Federal Requirements in Exhibit D attached hereto. Section 8. Records A. MAINTENANCE. The Contractor (and any subcontractor) shall maintain a complete file of all books, records, accounts, and other written or computerized materials which pertain to the accounting and performance of work, the delivery of services, and the compliance with applicable requirements under this Contract, and shall mainta i n such records for a period of three (3) years after the date of termination of the Contract, or for such further period as may be necessary to resolve any matters which may be pending. B. ACCESS. The Contractor (and any subcontractor) shall permit the State, the FHWA, and their designated representatives, during normal business hours, to access all books, records, accounts, and other relevant material concerning the work performed or services provided under this Contract for the purpose of investigation, audit, and copying to ascertain compliance with, or to detect violation of, any applicable Federal 3 33 and/or State law or regulation or with the terms of the Contract, or to evaluate performance under the Contract. All records or information obtained in this manner shall be used only for the purpose described herein, except as otherwise authorized by law. C. SUBCONTRACTS. For the benefit of the State, the Contractor shall include the language of this paragraph in all Subcontracts, in order to require the subcontractor(s) to comply with the record maintenance and access conditions described above. Section 9. Remedies, Termination Provisions, Insurance The Standard Specifications for Road and Bridge Construction, which is incorporated herein by reference, contains provisions for remedies, ternnation and insurance. The Contractor agrees to comply with such provisions. Section 10. Funding The parties expressly recognize and agree that this Contract is subject to and contingent upon the continuing availability of federal and state funds for the purposes hereof. In the event that the Department does not receive such funds or any part thereof, the Department may immediately terminate this Contract without liability, including liability for termination costs. In the event of termination, the Contractor is entitled to payment, in accordance with this Contract, for work completed on the project as of the date of termination. Section 11. Representatives and Notice The State will provide liaison with the Contractor through the State's Resident Engineer for this project. Said Resident Engineer will also be responsible for coordinating the State's activities under this contract. All communication, notices and correspondence shall be addressed to the individuals identified below. Either party may from time to time designate in writing new or substitute representatives. If to the State: Robin Stoneman CDOT Region 4 3939 Riverside Parkway Evans CO 80620 (970) 385-1440 e-mail: Robin Stoneman@state.co.us Section 12. if to the Contractor: Jeff Croll American Civil Constructors, Inc. 4901 S. Windermere St. Littleton, Colorado 80120 303-795-2582 e-mail Assignment and Successors The Contractor agrees not to assign rights or delegate duties under this Contract for subcontract any part of the performance required under the Contract] without the express, written consent of the State [which shall not be unreasonably withheld]. Except as herein 4 34 otherwise provided, this Contract sha"1 inure to the benefit of and be binding only upon the parties hereto and their respective successors and assigns. Section 13. Changes - Indefinite Quantity Contract - Funding Letter This is an indefinite quantity contract for the services specified herein. The number of units required to complete the work services may vary. The parties have estimated the quantity and cost of such services, but such estimates are estimates only. A. Funds are available and encumbered in the amount of the estimate. The Contractor shall not perform Work that creates a financial obligation of the State exceeding the amount of available funds specified herein. The Contractor shall notify the representative in writing, using a form substantially equivalent to the sample Notification of Commitments Within 10% of Original Project Amount attached as Exhibit E, when State commitments, paid and unpaid, are within 10% of the amount of funds available. The State is not liable beyond the amount of funds specified as available in this paragraph. B. The state may allocate more or less funds available on this contract using a Funding Letter substantially equivalent to Exhibit F and bearing the approval of the State Controller or his designee. The Funding Letter shall not be deemed valid until the State Controller or his designee shall have approved it Section 14. Contract Modification Bilateral changes within the general scope of the contract may be executed using the contract modification order process described in this paragraph and in the Standard Specifications using a form substantially equivalent to the sample contract modification order attached as Exhibit (3 for any of the reasons listed in the Standard Specifications. Section 15. Governmental Immunity Notwithstanding any other provision of this Contract to the contrary, no term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, Section 24-10-101, a seq., CRS, as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of Section 24-10-101, et. seq., CRS, as now or hereafter amended and the risk management statutes, Section 24-30-1501, et. seq., CRS, as now or hereafter amended. Section 16. Severability To the extent that this Contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the Contract, the terms of this Contract are severable, and should any term or provision hereof be declared invaid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. 5 35 Section 17. Waiver The waiver of any breach of a term, provision, or requirement of this Contract shall not be construed or deemed as waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision, or requirement. Section 18. Entire Understanding This Contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in writing executed and approved pursuant to the State Fiscal Rules. Section 19. Survival of Certain Contract Terms Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this Contract and the exhibits and attachments hereto which may require continued performance, compliance, or effect beyond the termination date of the Contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Contractor. Section 20. Modification and Amendment This Contract is subject to such modifications as may be required by changes in Federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this Contract on the effective date of such change as if fully set forth herein. Except as provided above, or except as may otherwise be authorized by terms of this Contract, no modification of this Contract shall be effective un.ess agreed to in writing by both parties in an amendment to this Contract that is properly executed and approved in accordance with applicable law. Section 21. CDOT Special Provision Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. 6 36 Section 22, Statewide Contract Management System If the maximum amount payable to Contractor under this Contract is $100,000 or greater, either on the Effective Date or at anytime thereafter, this §22 applies. Contractor agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102- 206, §24-103-601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information in a statewide contract management system. Contractor's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Contract, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation and Review of Contractor's performance shall be part of the normal contract administration process and Contractor's performance will be systematically recorded in the statewide Contract Management System. Areas of Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Contractor's obligations under this Contract shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Contractor's obligations. Such performance information shall be entered into the statewide Contract Management System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the Contract term. Contractor shall be notified following each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance Evaluation and Review determine that Contractor demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Colorado Department of Transportation, and showing of good cause, may debar Contractor and prohibit Contractor from bidding on future contracts. Contractor may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS § §24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Contractor, by the Executive Director, upon showing of good cause, Section 23. CORA Disclosure To the extent not prohibited by federal law, this Contract and the performance measures and standards under CRS §24-103.5-101, if any, are subject to public release through the Colorado Open Records Act, CRS §24-72-101, et seq. 7 37 SECTION 24 SPECIAL PROVISIONS These Special Provisions apply to all contracts except where noted in italics. 1. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This contract shall not be valid until it has been approved by the Colorado State Controller or designee. 2. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et seq., as applicable now or hereafter amended. 4. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this contract. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents. 5. COMPLIANCE WITH LAW.. Contractor shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. 6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this contract Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this contract, to the extent capable of execution. 7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference shall be null and void. 8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order I) 002 00. State or other public funds payable under this contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or under this contract, including, without limitation, immediate termination ofthis contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. 9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50-507. The signatories aver that to their knowledge, •no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract. Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor's services and Contractor shall not employ any person having such known interests. 10. VENDOR OFFSET. CRS §§24-30-2O2 (1) and 24-30-202.4. [Not Applicable to intergovernmental agreements] Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action. 11. PUBLIC CONTRACTS FOR SERVICES. CRS §S-17.5-101. [Not Applicable to agreements relating to the offer, j`er, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this contract, through participation in the E -Verify Program or the Department program established pursuant to CRS §8-17.5-102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contact, Contractor (a) shall not use 1, -Verify Program or Department program procedures to undertake pre -employment screening of job applicants while this contract is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this contract, (e) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to the contracting State agency, Institution of. Higher Education or political subdivision a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or CRS §8- 17.5-101 et seq., the contracting State agency, institution of higher education or political subdivision may terminate this contract for breach and, if so terminated, Contractor shall be liable for damages. 12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.S-101. Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24- 76.5-101 et seq., and (c) has produced one form of identification required by CRS §24-76.5-103 prior to the effective date of this contract. Revised 1-1-09 9 39 THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT CONTRACTOR: American Civil Constructors Inc., By _ Legal Name of Contracting Entity For The Ex- uti e irector Department of Transportation STATE OF COLORADO: JOHN W. HtCKENLOOPER GOVERNOR -°GSG9�-- Social Sec Number or FEIN Signatuy-`of Authors ed Offic L. Print Name & We of Authorized Officer CORPORATIONS: (A corporate attestation is required.) LEGAL REVIEW: JOHN W. SUTHERS ATTORNEY GENERAL By: Contract Waiver #182 Attest (Seal) B t, ( Y (Corporat ecretary or Equivalent, or Town/City/County Clerk) (Place corporate seal here, if available) ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or services provided. STATE CONTROLLER DAVID J. MCDERMOTT CPA By Date Effective Date: April 1, 2004 10 40 TERMS OF GOVERNMENT CONTRACT EXHIBIT K The following documents contained in this Exhibit are copies of the contract between American Civil Constructors & the Colorado Department of Transportation. American Civil Constructors, Inc. has a contract to provide borrow material for a Colorado Department of Transportation bridge construction project, Project No FBR 0853-085 (11 pages). The contract was signed on March 5, 2013 and construction is expected to begin on April 1, 2013 and end on December 15, 2013. 41 PERMANENT MAN-MADE STRUCTURES EXHIBIT L Listed below are the man-made structures within 200 feet of the affected lands. The structures marked with a star (*) are not within 200 feet of the area to be mined. Level 3 Communications 2 fiber optic lines CDOT Highway 85* 3 strand barbed wire fence bridge* Weld County County Road 104 Union Pacific Railroad railroad tracks* 42 GEOTECHNICAL ANALYSIS EXHIBIT American Civil Constructors, Inc. has mailed Structure Agreements to the structure owners within 200 feet of the mining area but and does not expect to have them returned within the 15 days allotted for ap- proval of the mining permit. A sample of the agreement letter and copies of the mailing receipts are included following this text to prove the Agreements were mailed. They will be submitted to the Division if/when they are received. This information is presented to address the plan to mine within 200 feet of the structures listed in Exhibit S. The mine depth closest to any structure where no waiver agreement has been obtained is 15 feet. The pit will be mined dry. The closest structure for which there is no damage agreement is the fiber optic line approximately 6 feet west of the permit line. In this area the setback from the permit/affected lands line to the dig line will be 15 feet. Our plan is to setback from the dig line an additional 10 feet to leave adequate area to cut/fill the final slopes. This will leave a 32.5 feet setback from the property line to the toe of the mine face since the estimate mining face will be M:1 or less. The following information is presented using these distances to determine the safety factors that show there would be no impacts to structures within 15 feet of the areas to be mined. As mining approaches the perimeter of the mine the 25 foot mining setback will be staked from the permit line to establish the mining limit. This will leave an undisturbed section of native material at least 25 feet wide along the boundaries. The mine face will progress to this line and expand along it until backfilling begins using the cut/fill method. The limited length of the face, and the lack of water pressure assure the M:1 face will remain stable until sloping can begin. At this mine we chose a friction angle of 42.5 degrees since non - site -specific information is available. So for this analysis the 42.5° angle is used to calculate the safety factor. The suggested number falls into the parameters listed in Rock Slopes: Design, Excavation and Stabilization, Publication No. FHWA-TS-89-045, Table 1 - Typical Soil and Rock Properties for dense sand, uniform grain size. The material in the mine wall will be a sandy clay loam and assumed to be cohesionless and having an assumed friction angle ((b) of 42.5° (1.07:1). Using this information we have calculated the factors shown in the following table using the formula FS = Tan0 _ Tane, where 6 is the slope angle from the toe of the cut (32.5') to the closest structure (permit line). Slope Evaluated Calculated slope angle 0 Factor of Safety for =42.5° . Proposed slope (f:1) 24.77°17 1.98 Slope from toe to closest structure 18.430(2) 3.27 1) (2) 24.77° angle is calculated from 15 feet slope height and 32.5 feet horizontal from the toe of mine face to the permit line 18.43° angle is calculated from 15 feet slope height and 45 feet horizontal from the toe of mine slope to the permit line As shown above, the safety factor for the closest structure is 1.98, so by reason as you move the structure away from the permit line the greater the safety factor would be. The 2:1 sloping rate will leave stable slopes adjacent to adjoining structures. 43 April 4, 2013 FIELD(1) FIELD(2) RE: Damage Reimbursement Agreement American Civil Constructors, Inc. - Nietfeld Borrow - East Weld County, Colorado Dear FIELD(1): American Civil Constructors, Inc., is filing for a Special 111 Permit from the Colorado Mined Land Reclamation (MLR) permit to extract construction materials from a tract of land located in Part of Section 20, T -9-N, R -66-W, 6th Prime Meridian, Weld County, Colorado. State MLR law requires the permit applicant to agree to reimburse the owner of any permanent man-made structure(s) within 200 feet of the mining area for damage done to the structure(s) as a result of the permitted operation. We believe FIELD(1) own the structure(s) listed below. American Civil Constructors, Inc. agrees to reimburse FIELD(1) for any damage done to the structure(s) listed below as a result of the proposed mining operation. Your acknowledging signature and a notary seal in the spaces provided below should satisfy the MLR law reimburse- ment requirement. Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can return the executed agreement to us. We have also enclosed a second copy of this letter that you may keep for your files. Thank you for your cooperation. Sincerely, ACKNOWLEDGED BY: FIELD(1) Jeff Croll Vice President Title STATE OF ) cc: Division of Reclamation, Mining & Safety file Structure list: FIELD(3) COUNTY OF ) ss. The forgoing was acknowledged, subscribed and sworn to before me, a Notary Public, this day of , Notary Public My commission expires: 44 Proof of Mailing Structure agreement letters NIETFELD BORROW - EAST U S f'nctnl Service CERTIFIED MAIL RECEIPT Iinn,Pi;ir. Ala 1 Nc frig( •',r r• ,:,.:rra,7r: Proslae;9 For iet ,v'1 /' .•, •,Jr Mein r* al W*W 11spr. C'Thr1 - �.. ..i 4•011 . .. Pollees Owned Fee ��Fee Raddcied Dewy Fee (Extant Require Total Posey, & Fees 3.1D Postmark �. . ormiano MN? - rn Q' rn r-1 rurn CJ C�rq 0 U.S. Postal Service CERTIFIED MAIL RECEIPT /Domes:re: Magi Oak. No :nst.•Nnce Cc►°race PP:./Tied' or Utie ent •ntc:•.nalrtfh hit I -a;• WQt:r't* *INS usp' Postage Certified Fee Return Receipt Fee (EedoAerrn 4 Required) Resaloeed Delver/ Fr (Endorsement Toad Po eta?* & Fees 3lO .25- $ ss V 9 - Sent lb inanCertItnalCbrIsit, O 8 24 a Cr m cr rn 0 0 n - IC C7 N s rn rq r ti C� ITI CI O r-1 0 N U S P4ctat Service CERTIFIED MAIL RECEIPT li)O,Tlclfgt Alai! P4t1 Instlr,rrk:et CJv.•r,7[lt P,t•.'.ae.7 Poetw CenaalFee Rouen RIrcen Fee (Encknement Required) �D.A quire Total Poster & Fees $ 3.1O I $ V7-- Hes Il U.S. Postal Service CERTIFIED MAIL RECEIPT , fornr-strc Mail Only Na ingtuance C ovoragc Provided) or :felinity inlrxrnstiWI wsa uur weuctle el awe 1!sps cum Palms Called Fee Return Receipt Fee (Endorsement Required) Res:noted Delver/ Fee (Encasement Required) TbW Pcs s & Fees $ $ S 87 Reiman Here 0 • G :.. C . ar •oronemir ri .e. ..---- aAoBoorN 0. ze! " r co 8a 45 APPENDIX NOTICE This site is the location of a proposed construction materials operation known as the Nietfeld Borrow - East. American Civil Constructors Holdings Inc., whose address and phone number is 4901 S. Windermere St, Littleton, CO, 80120, (303) 730-4523, has applied for a Special 1 1 1 Operation Reclamation Permit with the Colorado Mined Land Reclamation Board. Anyone wishing to comment on the applica- tion may view the application at the Weld County Clerk to the Board, Board of County Commissioners Office, 1150 O Street, Greeley, Colorado 80631 and should send comments prior to the end of the public comment period to the Division of Reclamation, Mining & Safety, 1313 Sherman St., Room 215, Denver, CO 80203. Certification I, 57-C4) Au 1 . anig.....i. , hereby certify that I posted a sign containing the above notice for the proposed permit area known as the Nietfeld Borrow - East, on March Z, , 2013. 3/ zi/i3 Signature Date 46 OWNERS OF RECORD OF AFFECTED LAND - SURFACE AREA SURFACE AREA, SUBSTANCE TO BE MINED Clayton C & Lila A. Nietfeld, Trust 48436 Cr 31 P O Box 186 Nunn, CO 80648 ADJOINING OWNERS WITH IN 200 FEET Clayton C.& Lila A. Nietfeld, Trust 48436 Cr 31 P .O. Box 186 Nunn, CO 80648 State of Colorado Department of Transportation 4201 E. Arkansas Ave Denver, CO 80222 Janet Lee & Karl Louis Kerzic 57 E. Woodland Cir Highlands Ranch, CO 80126 Leroy A & Peggy J. Bellmore 113480 County Rd 100 Nunn, CO 80648 State of Colorado 600 Grant St Ste 640 Denver, CO 80203 Weld County Public Works P .O. Box 758 Greeley, CO 80632 Union Pacific Railroad Attention: ROW 1400 Douglas, St. Omaha, NB 68179 ROW's Owners within 200 feet Level 3 Communications (fiber optic lines) 1670 Broadway St. Denver, CO 80202 LUANDA NOTARY PUBLWC STATE OF COLORADO (NO AR I AbTME1SED)24065853 mericai ohstructors CERtIFICATE OF SECRETARY I -,� R�_� � t{ Secretary of American Civil Constructors, Inc, a Cc o(u(iri corporation, certify that on the day of 'I I I , C(3 / the Board of Directors of the corporation contented to the following resolution, pursuant to Section 7-102-145 of the Colorado Corporation Code. The following resolution Wa,e proposed/ dOconded and unanimously adopted by the Board. SSscLLvn, that cl?t CROLL, Vice President of the corporation, is authorized tO sign and execute for and on behalf of the corporation all applications, reclamation bonds, petitions, contracts, correspotidence and ary and all other documents to be submitted to and filed with the Mined Land Reclamation Board under the provisions of the Colorado Mined Land Reclamation Act, Colorado Revised Statutes 2011 as amended, Article 34) and VORTNEX RESOLVED, that JIFF CROLL, Vice President of the corporation, is authorized and empowered to represent and act for the corporation in any capacity in connection with any acts or activities with or before the Mined Lind Reclamation Board under the provisions of the Colorado Mined Land 1 .eclatnation Act, and any action taken by the said Jeff Ctoli, for and on behalf of the corporation shall in all respects be considered the act of the corporation; and 'tIc&TTH2 RESOLVED, that JEFF CROLL, Vice President of the corporation is authorized to siin and execute for and on behalf of the corporation all applications for zoning, rezoning, special use permitb, conditional ube permits, special exceptions and any other forms required by coup€y or city government relating to the corporation's mineral extraction activities. DATED this . Vkk day of ‘. r Secretary of American Civil Constructors, Inc. 2013 SUBSCRIBED and sworn to, before me, a Notary Public, this day of , 2013 lik(1146- Notary Public Tel: 303 795 2582 4901 South Windermere Street Fax: 303 795 3249 Littleton, Colorado 80120 vwvw.acconstructors.com t rte,. 0,46810N SPIES AUGUST 27 ?D1 48 Epvirol)n)ept, Ipc. LARRY E. O'BRIAN FOUNDER STEVAN L. O'BRIAN PRESIDENT March 27, 2013 Weld County Clerk to the Board Board of County Commissioners Office 1150 0 Street Greeley, Colorado 80631 Re: Application for a Mined Land Reclamation Permit Dear Sir/Madam: 7985 VANCE DRIVE, SUITE 205A ARVADA, COLORADO 80003 303-423-7297 FAX 303-423-7599 We are delivering to you here with a copy of an application for the Nietfeld Borrow - East, a Special 111 Construction Materials permit, to be operated by American Civil Constructors Holdings, Inc. Two copies of the application are on file with the Division of Reclamation, Mining & Safety (D.R.M.S.). This copy of the application is delivered to you pursuant to 34-32.5-112(9)(a), Colorado Revised Statutes 1995, as amended, which states in part: ....the applicant shall file a copy of such applica- tion for public inspection at the office of the County Clerk and Recorder of the County in which the affected land is located. Please acknowledge receipt of this copy of the permit application by signing in the appropriate space provided below and returning one copy of this letter to the person delivering the book. Please hold the book for pick up after the application has been approved by the MLRB (approx. 80 days). Yours truly, Environment, Inc. Stevan L. O'Brian enclosure RECEIVED MAR 29 au WELD COUNTY COMMISSIONERS RECEIVED THIS DAY OF , 2013 MLRB application packet for above mine. By Weld County Clerk to the Board Ei,viroi,went, Inc. LARRY E. O'BRIAN FOUNDER STEVAN L O'BRIAN PRESIDENT March 27, 2013 West Greeley Soil Conservation District District Manager - Board of Supervisors 4302 W. Ninth (9th) Street Greeley, CO 80634 Dear Board Members: Re: Application for a Mined Land Reclamation Permit 7985 VANCE DRIVE, SUITE 205A ARVADA, COLORADO 80003 303-423-7297 FAX 303-423-7599 We are delivering to you here a Notice of Application and supporting documents for the Nietfeld Borrow - to be oper- ated by American Civil Constructors Holdings, mr pursuant to rule 2.2.2(1), Colorado Mined Land Reclamation Board - Mineral Rules and Regulations. This is for a Special 111 Operation borrow mine where the material will be used for the bridge construciton project North of Nunn. Please acknowledge receipt of this notice by signing in the appropriate space provided below and return a signed copy of this cover letter to the person delivering it. We need to submit this copy to the Division of Reclamation, Mining & Safety as proof of our filing with you. Respectfully Submitted, Stevan L. O'Brian President enclosure 66,1A RECEIVED, THIS I DAY OF March 2013 for the Boa d of Supervisors jest Greeley Soil Conser tion District. Title 49 Epviropneifl, Iqc. LARRY E. O'BRIAN FOUNDER STEVAN L. O'BRIAN PRESIDENT March 27, 2013 Weld County Board of County Commissioners 1150 0 Street Greeley, Colorado 80631 Dear Commissioners: Re: Application for a Mined Land Reclamation Permit 7985 VANCE DRIVE, SUITE 205A ARVADA, COLORADO 80003 303-423-7297 FAX 303-423-7599 We are delivering to you here a Notice of Application and supporting documents for the Nietfeld Borrow - East to be oper- ated by American Civil Constructors Holdings, Inc., pursuant to rule 2.2.2(1), Colorado Mined Land Reclamation Board - Mineral Rules and Regulations. This is for a Special 111 Operation borrow mine where the material will be used for the Bridge reconstruction project North of Nunn. Please acknowledge receipt of this notice by signing in the appropriate space provided below and return a signed copy of this cover letter to the person delivering it. We need to submit this copy to the Division of Reclamation, Mining & Safety as proof of our filing with you. Respectfully Submitted, kia& Stevan L. O'Brian, President enclosure RECEIVED THIS RECEIVED MAR 2 9 ZULi WELD COUNTY COMMISSIONERS DAY OF March 2013 Weld County Board of County Commissioners By Title 50 Environment, Inc. LARRY E. O'BRIAN FOUNDER STEVAN L. O'BRIAN PRESIDENT March 27, 2013 Mr. Tom Kaldenbach Division of Reclamation, Mining & Safety Minerals Section - North 1313 Sherman Street, Suite 215 Denver, Colorado 80203 bear Tom; Re; Special 111 Materials Application American Civil Constructors Holdings, Inc. Nietfeld Borrow - East Weld County, Colorado 7985 VANCE DRIVE, SUITE 205A ARVADA, COLORADO 80003 303-423-7297 FAX 303-423-7599 Attached are two (2) copies of the application, permit book and maps exhibits for the subject sand and gravel mine. The first book contains the original application form. The bond and performance warranty with original seals and signatures are also attached with copies of those forms. This packet also contains copies of the: • Posted NOTICE certification • Weld County Commissioners notice letter & receipt • West Greeley SCD notice letter & receipt • the Weld County Clerk to the Boards notice letter & receipt • the Original • the Original • the original application form signed Financial Warranty Corporate Surety form and Rider signed Performance Warranty form A check (#1587) from American Civil Constructors Holdings, Inc. for $898.00 to cover the APPLICATION FEE is attached. If you have any questions please call me. Sincerely, Environment, Inc. Stevan L. O'Brian President enclosures RECEIVED MAR 2 9 2013 Division of Reclamation, Mining & Safety 51 141-e013— 02A Epviroinet, Inc. LARRY E. O'BRIAN FOUNDER STEVAN L. O'BRIAN PRESIDENT April 8, 2013 RECEIVED APR 0 8 2013 Division of Reclamation, Mining & Safety Mr. Peter Hayes Division of Reclamation, Mining & Safety 1313 Sherman St, Suite 215 Denver, CO 80203 Dear Peter; RE: American Civil Constructors, Inc. Permit # M-2013-021 - Nietfeld Borrow - East Completeness response 7985 VANCE DRIVE, SUITE 205A ARVADA, COLORADO 80003 303-423-7297 FAX 303-423-7599 On behalf of my client American Civil Constructors, Inc., I am responding to your Completeness review letter dated April 4, 2013. I will respond to your item points in the order presented in the letter. In making the changes you noted I have chosen to make the revisions in the form or application edits and am submitting an entire packet that has the changes incorporated in it. Please discard the two Packets delivered on March 29, 2013 so there is no mixup during review. APPLICATION FORM A new application form has been provided since pages 1, 2, 3 and 6 were changed as a result of the corrections and name change. Please retrieve the original pages 4 and 5 with the from the application form originally submitted for use with the new pages. 1. I have changed the name to American Civil Constructors, Inc. on all pages where the incorrect name originally resided. American Civil Constructors Holdings, Inc. Was the parent company and I picked it inadvertently when researching the correct company name. This change in name makes the application correct and now matches the Secretary of States records. 2 This was changed to rangeland. 3 A Certificate of Secretary has been packet as page 48. added to the new ENVIRONMENT, INC. APRILS, 2O13 PAGE 2 EXHIBIT A - LEGAL DESCRIPTIONS (RULE 6.3.1(1)): 4. The legal descriptions on Exhibit A, A-1, E-1 & E-2 to have a quarter -quarter description that match each other and Item #9 of the application form. EXHIBIT B - SITE DESCRIPTION (RULE 6.3.2): 5. This was changed on page 3 to the correct number of 20.0 acres. EXHIBIT C - MINING PLAN (RULE 6.3.3): 6. An explanation concerning the potential processing plant was added to page 16 of the application packet, a third note was added to the map and the estimated Plant Site location is shown on Map Exhibit E-1. There will be no structures on the plant site and only a portable screen plant would be moved in if processing becomes necessary. This would be a self-contained unit using water for dust control and fuel to operate the genera- tor. 7 There will be only a primary commodity removed from the site. An explanation on that subject was added to page 15 of the application packet. 8. No incidental products will be mined at this site. 9. This is a borrow area and no explosives will be used during mining and reclamation. A statement to this effect was added to page 15 of the application packet. EXHIBIT D - RECLAMATION PLAN (RULE 6.3.4): 10. Text to address this question was added to pages 14 and 17. Rule 3.1.5(7) says that the only slopes in a mine that require 3:1 sloping are those from 5 feet above to 10 feet below water. It also states that ... unlessap- proved by the Board or Office, shall be no steeper then 2 .... American Civil Constructors, Inc. chooses to stand by the original sloping gradient plan of 2h:lv. EXHIBIT E • RECLAMATION PLAN MAP (RULE 6.3.5): 11. Everything under the materialsalvaged for growth medium will be used for the CDOT project so no overbur- den will be replaced on the site. 12. A fourth note was added to Map Exhibit E-2 to address this question. EXHIBIT I - PROOF OF RUNG WITH COUNTY CLERK (RuLE 6.3.9): 13. The receipt letter is included in the application packet showing this second packet with copies of the incompleteness letter and this response was delivered to the Weld County Clerk to the Board (Clerk & Re- corder) ENVIRONMENT, INC. APRIL 8, 2O13 PAGE 3 Additional Information I changed the mulching rates on pages 17 and 18 to be con- sistent with the Nietfeld Borrow - West site. We agree to your suggestions to use 4000 lbs/ acre, weed free clean straw as mulch. The CDOT contract calls for the 3000 Lbs/ac, so we used that originally. Once spread it will be crimped using a disk to set the straw and reduce it from being blown from the seedbed. Financial Warranty (Rule 4.2.4): Attached is a revised Financial Warranty Corporate Surety form with the corrected company name on it. This replaces the one submitted on March 29, 2013 when the original packet was delivered to the Division. Performance Warranty: Attached is a revised Performance Warranty form with the corrected company name on it. This replaced the one submit- ted on March 29, 2013 when the original packet was delivered to the Division. If you have more questions or need more information after reviewing my answers please call me. Thanks for your help during the permitting process. Sincerely, Environment, Inc. Q -5;14.41Q Stevan L. O'Brian President cc American Civil Constructors, Inc. Weld County Clerk file enclosure STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St, Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 April 4, 2013 Mr. Jeff Croll American Civil Constructors Holdings, Inc. 4901 S. Windermere St. Littleton, Colorado 80120 RECEIVED APR 0 4 2013 ENVIRONMENT INC. v C:*AIL John W. Hickenlooper Governor COLORADO DIVISION OF RECLAMATION MINING -&- SAFETY Mike King Executive Director Loretta R11eda Director Re: American Civil Constructors Holdings, Inc., Nietfeld Borrow - East, File No. M-2013-021, Receipt of Special 111 Construction Materials Reclamation Permit Application Package - Incomplete Dear Mr. Croll: On March 29, 2013, the Division of Reclamation, Mining and Safety (Division) received the 111 Special Operations Reclamation Permit Application package for the Nietfeld Borrow - East, File No. M-2013-021. Preliminary review of the information received determined the following items must be received before the Division can consider the application as being submitted and technical review can begin: Application Form: 1. The Division requires the Applicant/Operator name remain consistent and matches the exact name registered with the Secretary of State's (SOS) office throughout the application. The application form and the majority of the application package list the Applicant's name as "American Civil Constructors Holding, Inc." The Source of Legal Right -to -Enter and Governmental Contract exhibits lists the Applicant's name as "American Civil Constructors, Inc.". While both company names are listed with the SOS, the Division will require the Applicant resubmit the application package with the name "American Civil Constructors, Inc." to match the governmental contact and source of legal right to enter. Please review the application package and correct the company name in all applicable sections of the permit application. 2. On Page 2, Item #12, the Applicant indicates the Primary Present Land Use is Mining. The Mining Plan submitted by the Applicant states the site is currently used by the landowners as rangeland. Please review the present land use selection and mining plan and revise the application and mining plan as needed. 3. The Division requires the Applicant to provide documentation giving the signer the authority to sign on behalf of the company. The authorization document may be in the form of by- laws, resolution, affidavit signed by corporate secretary, certified secretary statement or a notarized statement on company letterhead. Office of Office of Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines Page 2 of 3 American Civil Constructors Holdings, Inc. Nietfeld Borrow - East Exhibit A - Legal Description (Rule 6.3.1(1)): The legal description must identify the affected land, specify affected areas and be adequate to field locate the property. Description shall be by township, range, and section, to at least the nearest quarter -quarter section. 4. The legal description provided in Exhibit A, Exhibit A-1 and on the Exhibit E maps does not match the legal description provided for Item #9 on the Application Form. Please review the legal descriptions and revised the Exhibits as needed. Exhibit B - Site Description (Rule 6.3271 5. The Applicant states the old mine area covers approximately 7.05 acres of the 19.0 acres they are permitting. On Page #1, Item #3 on the application form the Applicant states the permit acreage as 20 acres. Please correct the statement in Exhibit B to correspond with the application form. Exhibit C - Mining Plan (Rule 6.3.3): The purpose of the mining plan is to describe how mining will affect the permit area for the duration of the operation. This plan must be correlated to Exhibit E - Map. The description of the mining plan must be adequate to satisfy the requirements of Section 3.1 and demonstrate compliance with Rule 3. 6. The Applicant states some processing may take place on the site. Please describe the nature of the processing, facilities and chemicals utilized. The process area and any structures must be described on Exhibit E - Map. 7. Please identify the primary and secondary commodities to be mined/extracted and describe the intended use. 8. Please name and describe the intended use of all expected incidental products to be mined/extracted by the proposed operation. 9. Please specify if explosives will be used in conjunction with the mining or reclamation. Exhibit D - Reclamation Plan (Rule 6.3.4): The purpose of the Reclamation Plan is to describe the timing, procedures, criteria and materials that will be used to reclaim the affected land to the proposed future land use. This plan must be correlated to Exhibit E - Map. The description of the Reclamation Plan must be adequate to satisfy the requirements of Section 3.1 and demonstrate compliance with Rule 3. 10. The Applicant states any slopes created will be graded 2H:1V more or less. If the Application proposes slopes steeper than 3:1, you must include a justification that supports steeper Page 3 of 3 American Civil Constructors Holdings, Inc. Nietfeld Borrow - East slopes for the proposed post -mining land use, and demonstrates compliance with the applicable performance standards of Section 3.1. Exhibit E — Reclamation Plan Map (Rule 6.3.5): 11. Please indicate the average thickness of replaced overburden by reclamation area or phase on the Reclamation Plan Map. 12. Please state the average thickness of replaced topsoil by reclamation area or phase on the Reclamation Plan Map. Exhibit I - Proof of Filing with County Clerk (Rule 6.3.9): 13. Please provide an affidavit or receipt indicating the date on which the revised application in response to this letter was placed with the Weld County Clerk and Recorder. Your application will not be considered filed until the information listed above is received and found sufficient to begin our review. A decision date will be established 15 days from the date of receipt of all of the requested information. You have sixty (60) days from the above date to submit all necessary documents that the Office needs for an application to be considered filed. If, at the end of the sixty day period, the application has not been determined to be filed with the Office, the Office shall deny the application and terminate the application file. The response due date is June 3, 2013. This letter shall not be construed to mean that there are no other technical deficiencies in your application. The Division will review your application to determine whether it is adequate to meet the requirements of the Act after submittal of all required items. If you have any questions, please contact me at (303) 866-3567 ext. 8124. Sincerel Peter S. Nays Environmental Protection Specialist Cc: Tom Kaldenbach; Division of Reclamation, Mining & Safety Steve O'Brian; Environment, Inc. Environment, Inc. LARRY E. O'BRIAN FOUNDER STEVAN L. O'BRIAN PRESIDENT April 8, 2013 Weld County Clerk to the Board Board of County Commissioners Office 1150 0 Street Greeley, Colorado 80631 7985 VANCE DRIVE, SUITE 205A ARVADA, COLORADO 80003 303-423-7297 FAX 303423-7599 Re; Application for a Mined Land Reclamation Permit American Civil Constructors, Inc M-2013-021 - Replacement Dear Sir/Madam: We are delivering to you here with a replacement copy of an application for the Nietfeld Borrow - East, a Special 111 Con- struction Materials permit, to be operated by American Civil Constructors, Inc. Two copies of the application are on file with the Division of Reclamation, Mining & Safety (D.R.M.S.). This copy of the application is delivered to you pursuant to 34-32.5-112(9)(a), Colorado Revised Statutes 1995, as amended, which states in part: ....the applicant shall file a copy of such applica- tion for public inspection at the office of the County Clerk and Recorder of the County in which the affected land is located. Please acknowledge receipt of this copy of the permit application by signing in the appropriate space provided below and returning one copy of this letter to the person delivering the book. Please hold the book for pick up after the application has been approved by the MLRB (approx. 80 days). Yours truly, Environment, Inc. Stevan L. O'Brian enclosure RECEIVED APR 08 C, WELD COUNTY COMMISSIONERS RECEIVED THIS DAY OF , 2013 MLRB application packet for above mine. By Weld County Clerk to the Board Hello