HomeMy WebLinkAbout20132695.tiffSTATE OF COLORADO
O
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: 1303) 866-3569
FAX: (303) 832-8106
CONSTRUCTION MATERIAL
LIMITED IMPACT (110) OPERATION
RECLAMATION PERMIT APPLICATION PACKAGE
APPLICABILITY:
COLORADO
DIVISION OF
RECLAMATION
MINING
-&-
SAFETY
RECEIVED
SEP 2 0 2013
WELD COUNTY
COMMISSIONERS
This application package is for a construction material extraction operation affecting LESS than 10 acres. If you plan to conduct a
construction material extraction operation which meets these criteria, please follow the instructions provided in this package, in the
Rules and Regulations, and in the Colorado Land Reclamation Act for the Extraction of Construction Materials, as required.
RECOMMENDATIONS PRIOR TO FILING:
The Construction Material Rules and Regulations (the Colorado Land Reclamation Act for the Extraction of Construction Materials,
Section 34-32.5-101, et seq., C.R.S., and 2 CCR 407-1), and the Colorado Mined Land Reclamation Board (the "Board") regulate the
permitting, operational and reclamation requirements for all construction material extraction operations in Colorado. It is your
obligation to comply with the Act and Regulations. You are encouraged to obtain and review a copy of the Rules, available for $ 8.00
from the Division of Reclamation, Mining, and Safety (the "Office"). In order to submit your applicationproperly, it is recommended
that you review the Act and:
Rule 1.1 Definitions;
Rule L4 Application Review and Consideration Process;
Rule 1.6 Public Notice Procedures;
Rule 3.1 Reclamation Performance Standards;
Rule 3.3.1 Operating without a Permit - Penalty;
Rule 4 Performance Warranties and Financial Warranties;
Rule 6 Permit Application Exhibit Requirements;
Rule 6.2 General Requirements of Exhibits;
Rule 6.3 Specific Permit Application Exhibit Requirements;
Rule 6.5 Geotechnical Stability Exhibit (as required).
It is recommended that you contact the agencies listed in the application section titled "Compliance With Other Laws" prior to
submitting the application to the Office .
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Office of A Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines
2013-2695
FILING REQUIREMENTS:
In order to apply for a Reclamation Permit for a Limited Impact Operation, please provide:
o One (1) signed and notarized completed ORIGINAL and one (1) copy of the completed original Limited Impact Operation
(110) Application Form. ORIGINAL SIGNATURES MUST BE IN BLUE INK.
o Two (2) copies of Exhibits A -J and Exhibit L (required sections described in Rule 6).
o Two (2) copies of Addendum 1 - Notice requirements (described in Rule 1.6.2(1)(b)). A sample of this notice is attached for
your use.
o The Geotechnical Stability Exhibit when required by the Division.
o The application fee.
The thirty (30) day period for review of the application and exhibits will NOT begin until all required information and fee are
submitted. The Office will then review the submitted information for adequacy.
NOTICE REQUIREMENTS:
1. You MUST send a notice, on a form approved by the Board, to the local board of county commissioners. A copy of this
"Notice of Filing Application" fonn is attached for your use.
2. If the mining operation is within the boundaries of a conservation district, send a notice to the board of supervisors of the
conservation district, PRIOR to filing the application. A copy of this "Notice of Filing Application" form is attached for your
use.
3. You MUST include proof of notice #1 and #2 above with the application at the time the application is submitted to the
Office for filing (Rule 1.6.2(1)(g)).
4. PRIOR to filing the application, place for public review a copy of the application, less confidential items, with the clerk or
recorder of the county or counties in which the affected land is located.
5. You MUST include an affidavit or receipt demonstrating that the application was filed with the county clerk or recorder at
the time the application is submitted to the Office for filing.
6. Any changes or additions made to an application submittal MUST be filed with the county clerk or recorder. You MUST
also provide the Office with an affidavit or receipt demonstrating that the change was filed with the county clerk or recorder no
later than the close of business on the day the change was fled with the Office (Rule 1.8.1(2)).
7. Within ten (10) days after your application is considered filed, you must publish once in a newspaper of general circulation,
in the locality of the proposed mining operation, the notice described in Rule 1.6.2(1)(d). A copy of a form which includes all
required information for the notice has been attached for your use.
8. In addition, after the publication you must mail or personally serve a copy of the notice described in Rule 1.6.2(1)(d) to all
owners of record of surface rights to the affected land and all owners of lands that are within 200 feet of the boundary of the
affected land (Rule 1.6.2(1)(e)).
9. Prior to the Office making a decision (consideration of the application), you MUST submit a copy of the proof of
publication from the newspaper and proof of all required notices. Proof of the notices may be by submitting copies of return
receipts of a certified mailing or by proof of personal service (Rules 1.4.1(4), 1.4.2(4)(c), 1.6.2(1)(a)(ii), and 1.6.2(1)(g)).
The copy of the application and any changes or additions placed at the office of the county clerk or recorder shall NOT be recorded, but
shall be retained there for at least sixty (60) days after a decision on the application by the Office and be available for inspection during
this period. At the end of this period, the application maybe reclaimed by the applicant or destroyed (Rule 1.6.2(2)).
APPLICATION REVIEW PROCEDURES:
The Office shall approve or deny the application within thirty (30) days of filing unless the date for consideration by the Office is
extended pursuant to Rule 1.8. The time for consideration shall not be extended beyond thirty (30) days after the last such change
submitted. For complex applications, the review period may be extended an additional sixty (60) days. Please see Rule 1.1(10) for the
defmition of what constitutes a complex application.
APPLICATION APPROVAL/DENIAL:
If the requirements of the Act and Mineral Rules have been satisfied, the Office will approve the application. The Act also provides for
automatic approval if no action is taken by the Office by the end of the review period.
If the Act and Regulation requirements have not been satisfied, the Office will deny the application. If the Office denies the application,
you may appeal to the Board for a final determination by submitting a written request for administrative appeal to the Board within 60
days of the decision date (Rule 1.4.7).
PERFORMANCE AND FINANCIAL WARRANTIES:
A performance warranty, and a fmancial warranty dollar amount determined during the application review process, must be submitted
and approved by the Office PRIOR to pennit issuance. A financial warranty should NOT be submitted until a decision on the
application has been made. If the applicant is a unit of state or county government, then ONLY a performance warranty is required.
Several different types of financial warranties are allowed by the law. Please review Rule 4.0 to determine which type of fmancial
warranty you desire to use. You may obtain the appropriate warranty forms from the Office during the application review period.
Please note that an application approval DOES NOT convey a right to begin operations. You MUST submit, and have approval of your
performance and financial warranties, and receive our copy of the signed permit document PRIOR to beginning on -site mining activity.
AUTOMATIC PERMIT APPROVAL:
An automatic approval will occur where the Office fails to notify the applicant/operator that the application has been denied. This
decision must be made thirty (30) calendar days from the date the application was determined to have been filed. However, the
performance and financial warranties must be submitted and approved by the Office before the permit will be issued even if you receive
an automatic approval. NO MINING OPERATIONS SHALL BEGIN UNTIL A PERMIT IS ISSUED (Section 34-32.5-109(1),
C.R.S.).
COMPLIANCE WITH OTHER LAWS:
Compliance with the Act and Rules and Regulations of the Mined Land Reclamation Board DOES NOT relieve you of your
responsibility to comply with all other applicable state and federal laws. We recommend that you contact the following agencies to
determine whether you need to comply with their legal requirements:
o The Colorado State Historical Preservation Office regarding properties of historical significance including the need for an
archeological survey, procedures for requesting a file search, and inventory fonns to identify structures.
o Colorado Division of Water Resources with regard to water rights;
o Colorado Department of Health, Water Quality Control Division, with regard to the discharge of pollutants into the State
waters;
o Colorado Department of Health, Air Pollution Control Division, with regard to the need for a fugitive dust pennit;
o U.S. Bureau of Land Management or the U.S. Forest Service if the proposed operation will occur on federal lands;
o U. S. Army Corps of Engineers regarding a dredge and fill (404) permit; and
o The County Planning Department for the county or counties in which your proposed operation is located.
- iv --
Section 34-32.5-109(3), C.R.S. requires a mining operator to be responsible for assuring that the mining operation and the
post -mining land use comply with local land use regulations and any master plan for extraction adopted pursuant to Section
34-1-304, C.R.S.
COMPLETION OF MINING:
Upon completion of any phase of reclamation, you should consult Rule 3.1 for reclamation standards and 4.16 for details on how to
request a reclamation responsibility release from the Board.
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
CHECK ONE:
CONSTRUCTION MATERIALS
LIMITED IMPACT (110) OPERATION
RECLAMATION PERMIT APPLICATION FORM
There is a File Number Already Assigned to this Operation
Permit # M -
COLORADO
DIVISION OF
RECLAMATION
MINING
— &---
SAFETY
(Please reference the file number currently assigned to this operation)
New Application (Rule 1.4.5) ST Amendment Application (Rule 1.10)
Conversion Application (Rule 1.11)
Permit # M -
(provide for Amendments and Conversions of existing permits)
The application for a Construction Materials Limited Impact (110) Operation Reclamation Permit contains three major parts: (1) the
application form; (2) Exhibits A -J, Exhibit L, Addendum 1, any sections of Exhibit 6.5 and 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); and (3) the application fee. When you submit your application, be sure
to include one (1) complete sinned and notarized ORIGINAL and one (1) copy of the completed application form, two (2) copies of
Exhibits A -J, Exhibit L, Addendum 1, and appropriate sections of 6.5 (Geotechnical Stability Exhibit), as required, and a check for the
application fee described under (4) below. Exhibits should NOT be bound or in a 3 -ring binder; maps should be folded to 8 1/2" X 11" or 8
1/2" 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 permit): Vesco Consulting Services, LLC
1.1 Type of organization (corporation, partnership, etc.): LLC
2. Operation name (pit, mine or site name): GoodMiller Pit
3. Permitted acreage (new or existing site):
3.1 Change in acreage (+)
3.2 Total Acreage in Permit Area
4. Fees:
4.1 New Application:
Amendment Fee (C.R.S. 34-32.5-125(11)):
RECEIVED
SEP 2 0 2013
WELD COUNTY
COMMISSIONERS
5. Primary commoditie(s) to be mined: sand gravel dirt
9.9
permitted acres
acres
9.9 acres
$1258.00 application fee
$827.00 application fee
5.1 Incidental commoditie(s) to be mined: 1. / lbs/Tons/yr 2. / lbs/Tons/yr 3. / lbs/Tons/yr
4. / lbs/Tons/yr 5. / lbs/Tons/yr
5.2 Anticipated end use of primary commoditie(s) to be mined: construction
Anticipated end use of incidental commoditie(s) to be mined:
11. 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:
Michael Miller Title: Owner
1624 E. Hwy 34 p.0. Box: PO Box 336626
Greeley
CO
(970 1- 356-1853
(970 ) _ 356-1839
Zip Code: 80633
PERMITTING CONTACT (if different from applicant/operator above)
Contact's Name: Title:
Company Name:
Street/P.O. Box: P.O. Box:
City:
State: Zip Code:
Telephone Number: ( 1 -
Fax Number: ( ) -
INSPECTION CONTACT
Contact's Name: Michael Miller Title: Owner
Company Name: Vesco Consulting Services, LLC
Street/P.O. Box: 1624 E. Hwy 34 P.O. Box: PO Box 336626
City: Greeley
State: CO Zip Code: 80633
Telephone Number: (970 ) _ 356-1853
Fax Number: (970 ) _ 356-1839
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency:
Street:
City:
State:
Telephone Number:
State Board of Land Commissioners
1127 Sherman St. #300
Denver
CO
(303 )_ 866-3454 x3313
CC: STATE OR FEDERAL LANDOWNER (if any)
Zip Code: 80203
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( ) -
7. Name of owner of the subsurface rights of affected land:
8. Name of owner of the surface of affected land:
9. Type of mining operation: ✓ Surface
Colorado State Board of Land Commissioners
Colorado State Board of Land Commissioners
Underground _
In -situ
10. Location information: The center of the area where the majority of mining will occur:
COUNTY: Weld
PRINCIPAL MERIDIAN (check one): 6th (Colorado) 10th (New Mexico)
SECTION (write number): s 16
TOWNSHIP (write number and check direction): T 7.0 North
RANGE (write number and check direction): R 59.0 East
QUARTER SECTION (check one): f °° I NE NW
QUARTER/QUARTER SECTION (check one): ✓ NE NW
11
L
South
West
SE
SE
Ute
SW
SW
GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation):
from New Raymer CO 7 miles west to CR 115, 2 miles south on west side of road 5,060 ft elevation
11. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM):
Latitude/Longitude:
Example: (N)
(W)
39° 44' 12.98"
104° 59' 3.87"
Latitude (N): deg 40 min 34 sec 46 70.00 (2 decimal places)
Longitude (W): deg 103 min 58 sec 25 .88.00 (2 decimal places)
OR
Example: (N) 39.73691°
(W) -104.98449°
Latitude (N) (5 decimal places)
Longitude(W) (5 decimal places)
OR
Universal Tranverse Mercator (UTM)
Example: 201336.3 E NAD27 Zone 13
4398351.2 N
UTM Datum (specify NAD27, NAD83 or WGS 84) _ NAD83
Easting
Northing
13
Zone
12. Primary future (Post -mining) land use (chec
Cropland(CR)
Rangeland(RL)
Residential(RS)
® Developed Water Resources(WR)
•
Pastureland(PL)
Forestry(FR)
Recreation(RC)
13. Prim v resent land use (check one):
Cropland(CR) El Pastureland(PL)
[1Rangeland(RL) DForestry(FR)
Residential(RS) FlRecreation(RC)
Developed Water Resources (WR)
L
General Agriculture(GA)
Wildlife Habitat(WL)
Industrial/Commercial(IC)
Solid Waste Disposal(WD)
General Agriculture(GA)
Wildlife Habitat(WL)
RIndustrial/Commercial(IC)
Mining (MN)
14. If this operation will use designated chemicals, or will result, or presently has acid mine dramage - you cannot use this application
form. You must submit either a 110d or 112d application form for Designated Mining Operations. In either case, you must list
any acidic or toxic -forming materials, exposed or disturbed as a result of the mining operation, and whether the operation will
result in or presently has acid mine drainage:
15. Description of Amendment or Conversion:
If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s):
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
6.3.3 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 Pennits and Licenses Required
6.3.7 EXHIBIT G - Source of Legal Right -to -Enter
6.3.8 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
6.3.12 EXHIBIT L - Permanent Man -Made Structures
1.6.2(1)(b) ADDENDUM 1 - Notice Requirements (sample enclosed)
6.5 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 permittee, 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 fmancial 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 permittee can result;
4. Any modification to the approved mining and reclamation plan from those described in your approved application
requires you to submit a permit modification 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 thne the
permit is issued.
9. Annually, on the anniversary date of permit issuance, you must submit an annual fee as specified by Statute, 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 the permittee, to continue to pay your annual fee to the Office until the
Board releases you from your total reclamation responsibility.
10. For joint venture/partnership permittee: the signing representative is authorized to sign when document and a power
of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application.
-6 -
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 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 34-32.5-110(1)(a)(VIII).
2. To the best of my knowledge, all significant, valuable and permanent man-made structure(s) in existence at the time this
application is filed, and located within 200 feet of the proposed affected area have been identified in this application
(Section 34-32.5-115(4)(e), C.R.S.). (NOTE: For 110 operations, the affected area includes all lands delineated by the permit
boundary.)
3. 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.).
4. As the applicant/operator, I do not have any mining/exploration operations in the 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.).
5. 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.
This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-110,C.R.S., of the Colorado Land
Reclamation Act for the Extraction of Construction Materials. Any alteration or modification oftlris 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 penalnes for operating
without a permit pursuant to section 34-32.5-123, C.R.S.
Signed and dated this 30 day of SeP7es ' .cam , a.o 13
1/15W CM161/1-T ► Ak 5S -V -0W Leif_
Applicant/Operator
Title: Owner
State of U XoraCID
County of j -)t204
) ss.
The foregoing instrument was acknowledged before me this r2®
,byIYdiOA^C)lJ 11 -Nn Up/ as
Signed:
Corporate Secre
Seal)
or Equi talent
ty/County Clerk
day of 9-4-6 rot - r 2313
of \It& D t.n-sau airy &Alleys LLC
Notary PublicdAe
My Commission expires:"CI ,c.[/Q�
SIGNATURES MUST BE IN BLUE INK
TARA BRISBY
Notary Public
State of Colorado
My Commission Expires January 06, 2015
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR CONSTRUCTION MATERIALS LIMITED IMPACT (110) OPERATION
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS
Weld COUNTY
Vesco Consulting Services, LLC (the "Applicant/Operator") has applied for a Construction Materials Limited
Impact (110) Reclamation permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct the
extraction of construction materials in Weld County. The attached 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, and Safety (the "Division") and the local county clerk and recorder.
The applicant/operator proposes to reclaim the affected land to Pasture land use. Pursuant to
Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Board of County Commissioners before approving
of 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 ten (10) days after the date of the applicant's newspaper publication.
If you would like to discuss the proposed post -mining land use, or any other issue regarding this application, please contact
the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203,
(303) 866-3567.
NOTE TO APPLICANT/OPERATOR: You MUST attach a copy of the application form to this notice. If this is a notice
of a change to a previously filed application you must either attach a copy of the changes, or attach a complete and accurate
description of the change.
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR CONSTRUCTION MATERIALS LIMITED IMPACT (110) OPERATION
NOTICE TO THE BOARD OF SUPERVISORS
OF THE LOCAL CONSERVATION DISTRICT
West Greeley DISTRICT
Vesco Consulting Services, LLC (the "Applicant/Operator") has applied for a Construction Materials Limited Impact
(110) Reclamation permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of
construction materials in Weld County. The attached 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, and Safety (the "Division") and the local county clerk and recorder.
The applicant/operator proposes to reclaim the affected land to pasture and use. Pursuant to
Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Conservation Districts before approving of 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 ten (10) days after the date of the applicant's newspaper publication.
If you would like to discuss the proposed post -mining land use, or any other issue regarding this application, please contact
the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203,
(303) 866-3567.
NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice of
a change to a previously filed application you must either attach a copy of the changes, or attach a complete and accurate
description of the change.
An example Structure Agreement which meets the requirements of the Statutes is shown below.
**************a;::;:::::kX:t:e*****.:::a::********•Y,.****:ha==k#'X%k%k*:;:*:1*******XA**:;:>. ***.k.kx:k:k;l*X:; **.'.:*:,:** 1:
Structure Agreement
This letter has been provided to you as the owner of a structure on or within two hundred (200)
feet of a proposed mine site. The State of Colorado, Division of Reclamation, Mining and Safety
("Division") requires that where a mining operation will adversely affect the stability of any significant,
valuable and permanent man-made structure located within two hundred (200) feet of the affected land,
the Applicant shall either:
a) Provide a notarized agreement between the Applicant and the Person(s) having an interest in the
structure, that the Applicant is to provide compensation for any damage to the structure; or
b) Where such an agreement cannot be reached, the Applicant shall provide an appropriate
engineering evaluation that demonstrates that such structure shall not be damaged by activities
occurring at the mining operation; or
c) Where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead,
from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have
"no negative effect" on their utility. ( Construction Materials Rule 6.3.12 and Rule 6.4.19 & Hard
Rock/Metal Mining Rule 6.3.12 and Rule 6.4.20)
The Colorado Mined Land Reclamation Board ("Board') has determined that this form, if
properly executed, represents an agreement that complies with Construction Materials Rule 6.3.12(a),
Rule 6.4.19(a), and C.R.S. ,¢ 34-32.5-115(4)(e) and with Hard Rock/Metal Mining Rule 6.3.12(a), Rule
6.4.20(a), and C.R.S. § 34-32-115(4)(d). This form is for the sole purpose of ensuring compliance with the
Rules and Regulations and shall not make the Board or Division a necessary party to any private civil
lawsuit to enforce the terms of the agreement or create any enforcement obligations in the Board or the
Division.
The following structures are located on or within 200 feet of the proposed affected area:
none
1.
2.
3.
4.
5.
N� S7tkici-'Ua5
(Please list additional structures on a separate page)
CERTIFICATION
The Applicant, (print applicant/company name),
by (print representative's name), as Owner (print
representative's title), does hereby certify that (structure owner) shall
be compensated for any damage from the proposed mining operation to the above listed structure(s)
located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation
Permit Application for LLC (operation name),
File Number M- -
This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its
authority under the Colorado Land Reclamation Act for the Extraction of Construction Materials and
the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations.
Any alteration or modification to this form shall result in voiding this form.
NOTARY FOR PERMIT APPLICANT
ACKNOWLEGED BY:
Applicant Representative Name
Date Title
STATE OF )
) ss.
COUNTY OF )
The foregoing was acknowledged before me this day of _
as of
20 by
My Commission Expires:
Notary Public
NOTARY FOR STRUCTURE OWNER
ACKNOWLEGED BY:
Structure Owner
Date
STATE OF )
)ss.
COUNTY OF )
Name
Title
The foregoing was acknowledged before me this day of _
as of
Notary Public
,20 ,by
My Commission Expires:
Weld County Colorado
Assessor Map
Feet
0 500 00
1 inch = 1,142 feet
2,000
Map created on 9/17/2013 at 2:57:27 PM by mdixon
Weld County GIS; 1400 N 17th Ave, Greeley, CO
maps@co.weld.co.us; 970-304-6570 x 2520
Mil4 5a.i
N
s product has been developed solely for internal use only by Weld County. The GIS database and
I in the product is subject to constant change and the accuracy and completeness cannot be and is
tot guaranteed. The designation of lots or parcels or land uses in the data base does not imply
that the lots or parcels were legally created or that the land uses comply with applicable State
or Local law. UNDER NO CIRCUMSTANCE SHALL THE PRODUCT BE USED FOR FINAL
DESIGN PURPOSES. WELD COUNTY MAKES NO WARRANTIES OR GUARANTEES,
EITHER EXPRESSED OR IMPLIED AS TO THE COMPLETENESS, ACCURACY, OR
CORRECTNESS OF SUCH PRODUCT, NOR ACCEPTS ANY LIABILITY, ARISING FROM
ANY INCORRECT, INCOMPLETE OR MISLEADING INFORMATION CONTAINED
1EREIN. No part of the product may be copied, reproduced or transmitted in any form or by any
Jeans whatsoever, including, but not limited to, electronic, mechanical, photocopying, recording,
anning, or by any information retrieval system or any non -approved purpose without the express
written consent of Weld County.
Map Legend
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or Odd Roads:
. Double positions 4 and 5 (d present).
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P rus1
Address Grid
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Weld Cou
Roads
Weld County GIS
July 2013
ROADISTREET CROSS REFERENCE
'rr Nafinnal fraccianrle
EXHIBIT B
SITE DESCRIPTION FOR THE GOODMILLER PIT APPLICATION
SUBMITTED BY VESCO CONSULTING SERVICES, LLC
This property is located in the nw % of section 16, T7N, R59W, of the 6th PM. The site is owned and
managed by the Colorado State Board of Land Commissioners, 1127 Sherman St. #300, Denver, Co. The
land is currently rangeland used as pasture and leased to a local rancher for that purpose. The site was
previously mined for sand and gravel and partially reclaimed after mining ended. The site is near the top
of a hill and is covered with native grasses and some cactus. There are no existing structures or
improvements except for a perimeter fence of barbed wire in fair condition. There are no water
resources on the property or in the immediate vicinity. The soils in the area are Olney fine sandy loam
and Cascajo gravelly sandy loam. The nearest defined drainage is Wildcat Creek to the west southwest
approximately 150 ft lower in elevation. It is our opinion that neither surface or groundwater systems
will be affected by this mining operation and that no discharge permits will be required.
Applicant: _YE Sc.' Girt cur pc, 66iL1ha , LC
Case #: AT t6
Location: _ iv&/ti cEc 16 ritv'FtqLc
W
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Produced by the West Greeley Conservation District
EXHIBIT C
MINING PLAN
GOODMILLER PIT/ VESCO CONSULTING SERVICES, LLC
The mining plan is to strip the topsoil using scrapers and pile it along the northern perimeter of the
permit area. The topsoil pile will be graded and seeded to prevent erosion. After stripping material will
be fed into the processing equipment on the eastern side of the permit area and processed, then
conveyed to the stockpile area on the southern edge of the permit area where it will be loaded, scaled
and delivered using CR 115. The pit run will be mined using a front end loader, loaded into a
crushing/screening plant and then stockpiled using conveyors. When the deposit is mined to its
maximum depth the area will be graded and sloped to a 4:1 slope in preparation for reclamation. The pit
will be mined from the northeast to the southwest, with the processing equipment moving to the mined
area as needed to facilitate mining of the complete permit area. The mine will use an existing access
previously used in the abandoned mine and now used by the rancher. The access will be widened and
the gate will be moved west to allow for the installation of a cattle guard far enough from the road to
allow a truck to stop in the access without blocking the county road. The road surface will be improved
with compacted road base and dust will be controlled using a water truck as needed. There will be no
disturbance to the hydrologic balance as a result of this mining operation. Storm water will be contained
on site by berming the perimeter and released in a controlled manner so as not to damage off site areas.
There will be no injury to Colorado water rights as a result of this mining operation. No explosives will
be used. All trash will be manages on site and hauled by a commercial trash company.
•
Applicant:VE Sc a (an u rH!J 6Lt'1 ,5 , 4.LC
Case #: et
Location: _ cf-c 16 r l of izszt v)
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®.032565 0.13 0.195 0.26
EXHIBIT D
RECLAMATION PLAN
The reclamation of the site will take place after completion of mining. The topsoil will be stripped and
stockpiled on the edge of the permit area. The banks of the pit will be sloped to a minimum slope of 4:1
then covered with topsoil to the same depth as found originally. The entire area will be seeded with a
seed mix approved by the soil conservation service at a rate exceeding the recommended rate to ensure
a good stand of grass. The recommended seed mixes and application rates are attached.
The estimated cost of reclamation is as follows.
Placement and preparation of topsoil $1,000 per acre
Seeding and straw crimping of the site $800.00 per acre
Grading and sloping $ 175 per acre
Total reclamation cost $1,975 per acre x 10 acres $19,750
During the mining process the base elevation will be established and sloping work will be done. The only
earthwork remaining after mining will be the placing of the topsoil.
Map Legend
Weld County Colorado
Assessor Map
Feet
0 500 00
1 inch = 1,142 feet
2,000
Map created on 9/17/2013 at 2:57:27 PM by mdixon
Weld County GIS; 1400 N 17th Ave, Greeley, CO
maps@co.weld.co.us; 970-304-6570 x 2520
THE 01) Lt' t /6WW6$TT3 l iota t)
ALE. E Pic le (2/4-5 �
'his product has been developed solely for internal use only by Weld County. The GIS database and
Ma in the product is subject to constant change and the accuracy and completeness cannot be and is
not guaranteed. The designation of lots or parcels or land uses in the data base does not imply
that the lots or parcels were legally created or that the land uses comply with applicable State
or Local law. UNDER NO CIRCUMSTANCE SHALL THE PRODUCT BE USED FOR FINAL
DESIGN PURPOSES. WELD COUNTY MAKES NO WARRANTIES OR GUARANTEES,
EITHER EXPRESSED OR IMPLIED AS TO THE COMPLETENESS, ACCURACY, OR
CORRECTNESS OF SUCH PRODUCT, NOR ACCEPTS ANY LIABILITY, ARISING FROM
ANY INCORRECT, INCOMPLETE OR MISLEADING INFORMATION CONTAINED
THEREIN. No part of the product may be copied, reproduced or transmitted in any form or by any
means whatsoever, including, but not limited to, electronic, mechanical, photocopying, recording,
scanning, or by any information retrieval system or any non -approved purpose without the express
written consent of Weld County.
O
GIS Section Corner
Township / Range Grid
GIS Sections
GIS Quarter Section Line
GIS Section Line
GIS Township Line
GIS Range Line
Parcels
Highway
Highway (Gravel)
County Road (Paved)
County Road (Gravel)
Municipal Road (Paved)
Municipal Road (Gravel)
Other Road
I(1RM 31 32 wN aF 'F ■8N„
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11111111111 Illlu III hull INN III III Ilul lul ull
185SLB 193-6 3602459 01/30/2009 02:15P Weld County, CO
Rev: 8/89 1 of 7 R 36.00 0 0.00 Steve Moreno Clerk & Recorder
STATE OF COLORADO
BOARD OF LAND COMMISSIONERS
OIL AND GAS LEASE NO. 9519.8
Containing 640.00 acres, more or less: Land Fund School
THIS LEASE AGREEMENT, Dated this 21 "' day of February. 2008 made and entered into by and between
the STATE OF COLORADO, acting by and through the STATE BOARD OF LAND COMMISSIONERS,
hereinafter called Lessor and Centex Energy Company, 621 I7th Street, Suite #1020, Denver, CO 80293
hereinafter called Lessee:
ASSIGNED
WITNESSETH
WHEREAS, Said Lessee has applied to Lessor for an oil and gas lease covering the land herein described,
and has paid a filing fee in the amount of $20.00, plus a bonus consideration of $26,880.00 fixed by Lessor as an
additional consideration for the granting of this lease, and Lessee agrees to pay an annual rental of $960.00
computed at the rate of $1.50, per acre or fraction thereof per year,
WHEREAS, All the requirements relative to said application have been duly complied with and said
application has been approved and allowed by Lessor;
THEREFORE, In consideration of the agreements herein, on the part of Lessee to be paid, kept and
performed, Lessor does lease exclusively to Lessee for the sole and only purpose of drilling for, development of
and production of oil and gas, or either of them, thereon and therefrom with the right to own, except as set forth in
the METHANE FROM COAL SEAMS paragraph herein, all oil and gas so produced and saved therefrom and not
reserved as royalty by Lessor under the terms of this lease, together with rights -of -way, easements and servitudes
for pipelines, telephone and telegraph lines, tanks and fixtures for producing and caring for such products, and
any and all rights and privileges necessary for the exploration and operation of said land for oil and gas, the
following described land situated in the County of Weld, State of Colorado, and more particularly described as
follows:
DESCRIPTION OF LAND
ALL
Surface Patents: No
TOWNSHIP RANGE SECTION SURVEY
7N 59W 16 6th PM
TO HAVE AND TO HOLD Said land, and all the rights and privileges granted hereunder to Lessee until
the hour of twelve o'clock noon on the 21t° day of February, 2013, as primary term, and so long thereafter as oil
and gas, or either of them, is produced in paying quantities from said land or Lessee is diligently engaged in bona
fide drilling or reworking operations on said land, subject to the terms and conditions herein. Drilling or
reworking operations shall be deemed to be diligently performed if there is no delay or cessation thereof for a
period greater than 60 consecutive days unless an extension in writing is granted by Lessor; provided that such
drilling or reworking operations are commenced during said primary term or any extension thereof or while this
lease is in force by reason of production of oil and gas or either of them, or that such reworking is commenced
within 60 days upon cessation of production for the purpose of re-establishing the same, and provided further that
such production is commenced during such primary term or any extension thereof, or while this lease is in force
by reason of such drilling or reworking operations or other production.
METHANE FROM COAL SEAMS - Coalbed methane may be produced, saved and/or sold by a coal
mining lessee from mineable coal measures and from roofs and floors of mineable coal measures and the gas shall
be the property of that lessee provided that the gas is removed only as a mining safety procedure prior to or during
mining. Gas that is uneconomical. to produce may be vented or flared provided that such venting or flaring
complies with all Federal and State requirements. Gases produced by the oil and gas lessee from the mineable
coal measures and from roofs and floors of mineable coal measures prior to, during, or after mining shall be the
property of the oil and gas lessee under the terms of this lease. Oil and gas operations shall not render coal seams
unmineable.
EXPLORATION - Lessor reserves the right to conduct exploration on the leased land provided such
exploration does not interfere with rights granted herein.
In consideration of the premises, the parties covenant and agree as follows:
1. RENTAL - If lease is extended for any reason beyond primary term rental will be determined by
Lessor. The rental in effect at the time production is established shall not be increased due to the term of this
lease being extended by such production. Rentals set at the time of established production shall be paid during
the remaining life of this lease, annually, in advance, on or before each anniversary date hereof. There shall be no
refund of unused rental.
2. ROYALTY - Lessee shall account for any and all substances produced on the leased land and Lessee
shall pay to Lessor a royalty on same in addition to the rentals provided. Products used on the leased land,
unavoidably lost or flared on the leased land, may be exempt with approval of Lessor:
(a)
(b)
On oil, one -eighth of the oil produced and saved from the leased land.
At the option of Lessor, and with 60 days' noticg essor may take its royalty oil in
kind, in which event Lessee shall deliver such royalty oil to Lessor on the leased land, free of cost
or deduction, into the pipelines or storage tanks designated by Lessor, but Lessee shall not in such
case be required to provide free tankage for any such oil for a longer period than 1 month after the
same is run into tanks. With 60 days' notice to Lessee, Lessor may cease taking oil royalty in
kind. When paid in cash, the royalty shall be calculated upon the fair market value of the oil at
the well which shall not be deemed to be less than the price actually paid to Lessee at the well by
the purchaser thereof; and in no event shall the royalties be based upon a market value at the well
less than the posted price in the field for such oil, or in the absence of a posted price in the field
for such oil, upon a market value at the well less than the prevailing price received by other
producers in the field for oil of like grade and gravity at the time such oil is run into pipelines or
storage tanks.
On gas, including casinghead gas or other gaseous substance, one-eiahth of the fair market value
at the well or of the price received by Lessee at the well, whichever is greater, of all gas produced
and sold from the leased land or utilized off the land by Lessee. A copy of all contracts for sale
of gas shall be furnished to Lessor. Where gas is sold under a contract that has been approved by
Lessor, the fair market value of such gas for determining the royalties payable hereunder shall be
the price at which such gas is sold under such contract. No approval by Lessor of the terms of
any such agreement shall operate to make Lessor a party thereto or obligate it thereunder in any
way. At the option of Lessor, and with 60 days' notice to Lessee, Lessor may take its royalty in
kind. With 60 days' notice to Lessee, Lessor may cease taking gas royalty in kind.
(c) All costs of marketing the oil and/or gas produced shall be borne by Lessee and such costs shall
not directly or indirectly reduce the royalty payments to Lessor, except that marketing costs for
Lessor's in -kind royalty shall be borne by Lessor.
(d) If Lessor owns a lesser interest in the oil and gas deposits of the above described land than the
entire and undivided fee simple estate, then the royalties and rentals herein provided shall be paid
to Lessor only in the proportion which its interest bears to the whole and undivided fee.
3. RECORDS - Lessee agrees to keep and to have in possession complete and accurate books and records
showing the production and disposition of any and all substances produced on the leased land and to permit
Lessor, at all reasonable hours, to examine the same, or to furnish copies of same to Lessor upon request along
with purchaser's support documentation. Lessor will not be unreasonable with requests. All said books and
records shall be retained by Lessee and made available in Colorado to Lessor for a period of not less than 5 years.
All gas contracts and subsequent agreements and amendments shall be submitted to Lessor within 60 days of
execution.
4. MEASUREMENTS - All production shall be accurately measured using standards established by the
American Gas Association (AGA) and/or the American Petroleum Institute (API) and all measuring devices shall
be tamperproof as nearly as possible. Oil royalties due within the terms of this lease shall be calculated on actual
and accurate measurements within API standards unless a different means of measurement, subject to Lessor's
approval, is provided.
5. PAYMENTS & REPORTS - All payments and reports due hereunder shall be made on or before the
day such payments and reports are due. Nothing in this paragraph shall be construed to extend the expiration of
the primary term hereof.
Page 2 of 6
1111111111fir10121 amid1101iiinoii1111111!
3002459 09/30/2009 02:1sp Weld Coun
2 of 7 R 36.00 C 0.00 Steve Mn.e,,.. AII, C0_
Oil royalty payments and supporting documents shall be submitted prior to the last day of the calendar
month following each month's sale of production, and gas royalty payments and supporting documents shall be
submitted prior to the last day of the second calendar month following each month's sale of production. Payments
and supporting documents for new wells shall be submitted prior to the last day of the third calendar month
following first month's sale of production.
All payments shall be made by cash, check, certified check or money order. Payments having
restrictions, qualifications, or encumbrances of any kind whatsoever shall not be accepted by Lessor. A penalty
for a late payment shall be charged as set forth in the PENALTIES paragraph herein.
6. PENALTIES - A penalty shall be imposed for, but not limited to, late payments, improper payments,
operational deficiencies, violation of any covenant of this lease, or false statements made to Lessor. Penalties
shall be determined by Lessor unless otherwise provided for by law and may be in the form of; but not limited to,
interest, fees, fines, and/or lease cancellation.
7. LAW - The terms and conditions of this lease shall be performed and exercised subject to all laws,
rules, regulations, orders, local ordinances or resolutions applicable to and binding upon the administration of
lands owned by the State of Colorado, and to laws, rules and regulations governing oil and gas operations in
Colorado. Violations shall result in penalties as provided for by law or as set forth in the aforementioned
schedule or shall, at the option of Lessor, result in default as provided hereinafter.
8. SURRENDER - Lessee may at any time, by paying to Lessor all amounts then due as provided herein,
surrender this lease insofar as the same covers all or any portion of the land herein leased and be relieved from
further obligations or liability hereunder with respect to the land so surrendered; provided that no partial surrender
or cancellation of this lease shall be for less than contiguous tracts of approximately 40 acres or Governmental lot
corresponding to a quarter -quarter section; provided further that this surrender clause and the option herein
reserved to Lessee shall cease and become absolutely inoperative immediately and concurrently with the
institution of any suit in any court of law by Lessee, Lessor or any assignee of either to enforce this lease, or any
of its [elms express or implied. In no case shall any surrender be effective until Lessee shall have made full
provision for conservation of the leased products and protection of the surface rights of the leased land.
9. ASSIGNMENTS -
(a) Lessee, with written consent of Lessor, shall have the right to assign the entire leasehold interest
of said Lessee in all or part of the land covered hereby, but not less however, than contiguous
tracts of approximately 40 acres or Governmental lot corresponding to a quarter -quarter section
for any partial assignment, and for approval of such assignment Lessor shall make an assignment
charge in an amount to be determined by Lessor. Prior to written approval by Lessor of
assignment of this lease, Lessee (assignor) shall not be relieved of its obligations under the terms
and conditions herein, An assignment shall not extend the term of this lease.
(b) If any assignment of a portion of the land covered hereby shall be approved, a new lease shall be
issued to the assignee covering the assigned land, containing the same terms and conditions as
this lease, and limited as to term as this lease is limited, and the assignor shall be released and
discharged from all further obligations and liabilities as to that portion so assigned.
(c) Lessee shall notify Lessor of all assignments of undivided percentage or other interests. Said
interests will not be recognized or approved by Lessor, and the effect of any such assignments
will be strictly and only between the parties thereto, and outside the terms of this lease; and no
dispute between parties to any such assignment shall operate to relieve Lessee from performance
of any terms or conditions hereof or to postpone the time therefor. However, if Lessee assigns
100 percent of said interest in this manner, a leasehold assignment must be received and approved
by Lessor to assure that a leasehold interest is maintained by the record lessee. Lessor shall at all
times be entitled to look solely to Lessee or his assignee shown on its books as being the sole
owner hereof, and for the sending of all notices required by this lease and for the performance of
all terms and conditions hereof.
(d) Although not binding on Lessor, all instruments of every kind and nature whatsoever affecting
this lease shall be filed in the records of the Mineral Department of Lessor.
10. OVERRIDING ROYALTY - Any and all reservations or assignments of overriding royalties shall not
exceed 5 percent, including any overriding royalties previously provided for. In the event that production drops to
an amount that would cause the well to be shut-in or to be plugged, then overriding royalties based on last in first
Page 3 of 6
Ihill!IIII,1111111!1811111111111(III!III11111IIIIill!
3502459 09!30/2009 02:d5P Weld County. Co
out, or prorated, may be suspended to allow the well, if possible, to be economic. A reservation or assignment of
an overriding royalty interest shall not relieve Lessee of any of its obligations for payment of royalties to Lessor
as provided by ROYALTY paragraph herein.
II. OFFSET WELLS - Lessee agrees to protect the leased land from drainage by offset wells located on
adjoining lands not owned by Lessor, when such drainage is not compensated for by counter -drainage. It shall be
presumed that the production of oil and gas from offset wells results in drainage from the leased land, unless
Lessee demonstrates to Lessor's satisfaction by engineering, geological, or other data that production from such
offset well does not result in such drainage, or that the drilling of a well or wells on the leased land would not
accomplish the purposes of protecting the deposits under the leased land. Lessor's decision as to the existence of
such drainage shall be final, and Lessee shall comply with Lessor's order thereon or surrender this lease as to any
such undeveloped acreage as designated by Lessor.
12. DEVELOPMENT - Upon discovery of oil and gas or either of them on the leased land, Lessee shall
proceed with reasonable diligence to develop said land at a rate and to an extent commensurate with the economic
development of the field in which the leased land lies.
l3. UNITIZATION - COMMUNITIZATION - In the event Lessor permits the land herein leased to be
included within a communitization or unitization agreement, the terms of this lease maybe deemed to be modified
to conform to such agreement. When only a portion of the land under this lease is committed by an agreement,
Lessor may segregate the land and issue a separate lease for each portion not committed thereunder; the term of
such separate lease shall be limited as to the original term of this lease. The terms of the lease on that portion
remaining in the unit shall be deemed to be modified to conform to such agreement. Nonproducing leases shall
terminate on the first anniversary date of the lease following the termination date of the unit or part thereof
modifying the lease, but in no event prior to the end of the primary term of the lease or the extension term of the
lease.
• 14. DISPOSAL WELLS - No well on State land shall be used as a disposal or injection well without a
Disposal Well Lease approved by Lessor,
15. PRODUCTION - Lessee shall, subject to applicable laws, regulations and orders binding upon the
administration of state lands, operate and produce all wells upon the leased land so long as the same are capable
of producing in paying quantities, and shall operate the same so as to produce at a rate commensurate with the rate
of production of wells on adjoining lands within the same field and within the limits of good engineering practice,
except for such times as there exist neither market nor storage therefor, and except for such limitations on or
suspensions of production as may be approved in writing by Lessor. Lessee shall be responsible for adequate site
security on all producing properties.
16. SHUT -N WELLS - If Lessee shall complete a well on the leased land productive of oil and/or gas
and Lessee is unable to produce such oil and/or gas due to a lack of suitable market therefor, Lessor may g
rat
Lessee suspension of his obligations to produce hereunder until a suitable market for such oil and/or gas can be
found, and during any such suspension period, it shall be deemed that oil and/or gas is being produced hereunder
in paying quantities. Except, however, that beginning on the anniversary date next, of the year of an extension of
the lease by reason of a shut-in well, Lessee shall pay to Lessor a shut-in royalty equal to payment
acre of the lease
per annum in addition to the annual rental. The minimum amount of such shut-in royalty a ent shall be $320.
Each year's shut-in royalty shall be forfeited to Lessor except for the shut-in royalty paid for the year during which
the well begins production. The maximum extension of the lease, due to the existence of a shut-in well, shall be 5
years beyond the extension term as described in the EXTENSION paragraph herein. The granting of any further
extensions shall be at the sole option of Lessor.
17. OPERATIONS - No exploration, drilling or production operation, including permanent installations,
shall be within 200 feet of any existing building or other improvement, including water well or reservoir, without
the written permission of the owner of said improvements. Lessee shall keep a correct log of each well drilled
hereunder, showing by name or description the formations passed through, the depth at which each formation was
reached, the number of feet of each size casing set in each well, where set, and the total depth of each well drilled.
Lessee, within 30 days after the completion or abandonment of any well drilled hereunder, shall file in the office
of Lessor a complete and correct log of such well, together with a copy of the electric log and the radioactivity log
of the well when such logs, or either of them, are run; and also a copy of all drill stem test results, core records
and analyses, record of perforations and initial production tests, if any. If any of the information required by this
paragraph is contained in reports required to be filed with the Oil and Gas Conservation Commission of Colorado,
the requirements of this paragraph for such information may be satisfied by such filing with said Commission,
except for copies of the reports as are required by the following paragraph, and provided that all such information
is immediately available to Lessor. Any proprietary information so submitted shall not be subject to public
inspection under Colorado law.
Lessee shall bury pipelines below plow depth. Lessee shall set and cement sufficient surface casing to
Page 4 of 6
14111111111111111INIIIIIIIIIIII1111IIIIIIIIIIIIIIII
3502459 01/30/2009 02:15p Weld CperdV- cn
protect the fresh water wells of the area.
18. NOTIFICATION - Lessee shall notify Lessor and the surface lessee or surface owner of the location
of each drill site at least two weeks prior to commencing drilling operations thereon. Lessee shall notify Lessor
before commencing to plug and abandon any well by copy of Lessee's request for approval or sundry notice of
intent to plug and abandon.
19. BONDS - Lessee shall be liable for all damages to the surface of the land, livestock, growing crops,
water wells, reservoirs, or improvements caused by Lessee's operations on said land. No operations shall be
commenced on the land hereinabove described unless and until Lessee shall have filed a good and sufficient bond
with Lessor, in an amount to be fixed by Lessor, to secure the payment for such damages as may be caused by
Lessee's operations on said land and to assure compliance with all the terms and provisions of this lease, the laws
of the State of Colorado, and the rules and regulations thereto appertaining. A bond may be held in effect for the
life of production of any well.
20. SETTLEMENT - Lessee shall not remove any machinery, equipment or fixtures placed on said land,
other than drilling equipment, nor draw the casing from any well unless and until all payments and obligations'
currently due Lessor under the terms of this lease shall have been paid or satisfied. Any machinery, equipment or
become the property of Lessor.
fixtures left on this land for a period of more than 6 months after the expiration hereof, shall automatically
21. OTHER DISCOVERY - Should Lessee discover any valuable products other than oil and gas, on or
within the leased land, Lessee shall within 7 days report such discovery to Lessor, in which event Lessee and
Lessor may negotiate a provision for production of such discovery.
22. WATER - This lease does not grant permission, express or implied, to Lessee for water exploration,
drilling or establishing water wells without written permission of the surface owner and other required state
permits. If Lessee desires to establish or adjudicate any water right for beneficial use on the leased land in direct
relationship to lease operations this adjudication or application shall be in the name of Lessor if Lessor is the
surface owner. Water for use off the lease may only be used with permission of the surface owner and a charge
may be imposed for this use.
23. DEFAULT - Upon failure or default of Lessee to comply with any of the terms and provisions hereof;
including but not ted to the failure to comply with laws, rules and regulations governing Colorado oil and gas
operations and'Sric y essor's policy now or hereafter in force relative to this lease, provided that no policy
made after theca rh€fr 's lease affecting either the length of the term hereof, the rate of royalty,or a
hereunder{ t payment
y ¢r no .g. �rA�ryi reof, shall operate to alter the terms and conditions of this lease, Lessor is hereby
author/44d t�hnand 7i ing, as hereinafter provided, to cancel this lease as to all of the leased land so
claimer pasee5sed_by{pLepee ereunder. In the event of any such default or failure, Lessor shall, before making
any sucfi cancellation, sent:le ssee by certified mail, to the post office address of said lessee as shown by the
records of Lessor a notice'of tention to cancel for such failure or default, specifying the same, stating that if
within 30"daSfrgrµ,th?d%,e mailing said notice, Lessee shall correct such failure or default to the satisfaction
of Lessor ro Ince Din, be made. If such failure or default is not corrected within 30 days after the mailing
of such n0tic.e, alifit.tc ee does not request a hearing on such notice within 30 days, this lease will terminate
and be cancelledTiy operation of this paragraph without further action by Lessor, or further notice to Lessee.
24. EXTENSION - If, at the expiration of the primary term of this lease, production of oil or gas has not
been obtained on the leased premises but drilling operations are being conducted thereon in good faith and in a
good and workmanlike manner, Lessee may, on or before the expiration of the primary term, make written
application to Lessor for an extension of this lease for a term equal to one year. Such application must be
accompanied bye payment of S 10 per acre or portion thereof. This lease shall not be extended for more than one
year past the primary term unless production in paying quantities has been obtained or unless extended by some
other provision hereof.
25. HOLD HARMLESS - Lessee shall indemnify Lessor against all liability and loss, and against all
claims and actions, including the defense of such claims or actions, based upon or arising out of damage or injury,
including death, to persons or property caused by or sustained in connection with operations on this leased land or
by conditions created thereby, or based upon any violation of any statute, ordinance, or regulation.
26. CONDEMNATION - If the leased land shall he taken in any condemnation proceeding, this lease
shall automatically terminate as of the date of taking. The award for such condemnation shall be paid to Lessor,
except for any specific award(s) paid to Lessee for severed oil and gas reserves, in which event a percentage of
such specific awards equal to royalty as specified under Item 2 (Royalty) shall be paid to Lessor in lieu of royalty
lost by virtue of the condemnation. Improvements shall be removed by Lessee per terms in the SETTLEMENT
paragraph herein. If only a portion of the leased land is taken by condemnation, Lessee may, at its option,
terminate this lease or terminate only that portion of the lease so taken.
Page5 of 6
11111111111111111I01111111111111!1111III IIIII1111!III
3502459 01/30/2009 02:15? Weld County, CO
_ _
27. ERRORS - Every effort is made by Lessor to avoid errors in all procedures including but not limited
to auction listings and lease preparation. Lessor shall not be liable for any inconvenience or loss caused by errors
which may occur. Lessee shall notify Lessor immediately upon discovery of any errors or discrepancy whatever.
28. ARCHAEOLOGY - Lessee shall not destroy, disturb, mar, collect, remove or alter any prehistoric or
historic resources of any kind on state lands as provided by law. These resources include but are not limited to all
artifacts of stone, wood or metal, pictographs, structures, and bones. A discovery of anything of prehistoric or
historic nature shall be reported to Lessor or the State Archaeologist immediately.
29. DEFINITIONS -
A. "Gas" as used herein shall mean all gases (combustible and noncombustible), including but not
limited to all gaseous hydrocarbons, gaseous compounds, carbon dioxide, and helium.
B. "Oil and gas" as used herein shall include all substances produced as by-products therewith,
including but not limited to sulfur.
C. "Paying quantities" as used herein shall mean and refer to quantities of ail and gas or of either of
them sufficient to return to Lessor an amount equal to the shut-in royalty.
30. TAXES - Lessee shall pay all property taxes, or payments in lieu of taxes, lawfully assessed for the
leased premises or improvements thereon.
31. HEIRS AND ASSIGNS - The benefits and obligations of this lease shall inure to and be binding upon
the heirs, legal representatives, successors or assigns of Lessee; but no sublease or assignment hereof, or of any
interest herein, shall be binding upon Lessor until the same has been approved by Lessor as explained in the
ASSIGNMENTS paragraph provided.
32. IN WITNESS WHEREOF, Lessor has hereunto signed and caused its name to be signed by the
STATE BOARD OF LAND COMMISSIONERS, with the seal of the office affixed, and Lessee has signed this
agreement, the day and year first above written.
Recommended:
Mark W. Davis, Minerals Director
STATE BOARD OF LAND COM RS
Contex Energ
LESSEE
Sea or Authority
r
ATTEST •
State of Colorado
County of Denver
The foregoing instrument was aclmowledged before me this 14th day of April 2,en9 , by
Cary Butler as being authorized to execute same.
LAUREN BUCHHOLZ
Notary Public
State of Colorado
mission Expires March 16, 2009
Notary Public /wit, $1e-" `fr
My Commission Expires March 16, 2009
Page 6 of 6
I111111 I i 1111111I I I I I I I I 11 I I I I I 111111 r 1111111111111111
COLORADO STATE BOARD OF LAND COMMISSIONERS
ASSIGNMENT RECORD
FULL _X PARTIAL ASSIGNMENT OF LEASE NO. 9519.8
1. In consideration of One dollar ($1.00) and other valuable consideration
Contex Energy Company
(4ssignm'. please print nr rypel
2. the within named lessee(s). does (do) hereby assign, transfer and (or) sell all rights, title, interest and (or) claim in and to
3. this lease in its entirety, or
namely the
of the Section,
can. niacre.s nm//)nm/l)
4. Township and Range described in this lease, unto
5. address is
500 N. Water St„ Ste, 1100S
rrveec y,nmme or p o Rat :�'n: —
LSuhdivisfon n[,Section)
Eseniay Oil and Gas Ltd
/Assignee. pleoae prim nr type,
Corpus Christi Texas 78471
/rug',
(oma) rrpl
whose
6. who will he the new lessee of record for all, or that part of this lease above described, to have, hold and enjoy all rights and
7, covenants of this lease a who w/illa cbpt and abide by all laws. rules, regulations and responsibilities pertinent to and (or)
S. contained herein and cofonh from 12:00 noon on this 18th day of November , A.D., 20 08
10. c Gary Eutler, President
deal nr dulhnrinr
I I. Signed and acknowledged before me this 1801 day of November
12. My commission expires March '16
3.
14.
Est j ttj Ot1e-E CYQS
Lauren Buchholz
✓Lee ectcPPvi i.4vacQ
',Seal ru. whorinv
Commisalon Expires March 16, 2009
I5. Signed and acknowledged before me this r
� day of
/6. ,My commission expires Prp'
�r.: I , A.D. 20
, A,D., 20 09
LISA MARIE MELISSE
Notary Public,
Slate of Texas
Comm. Exp. 04-16.11
APPROVAL OF ASSIGNMENT
This assignment approved by order of the State Board of toners this day of January
Recommended r
A.D„ 20 08
LAUREN BUCHHOLZ
Notary Public
State of Colorado
ee der ,A,D.,20 0r
A,D„ 20 09
Davis MINERALS DIRECTOR
1 /1111111111111111111 IIIII! 0!111I IIIII III 1111111111111
3602459 nvm/onn¢ no',eo ,,,_„
Or
ASSIGNMENT OF OIL AND GAS LEASES
KNOW ALL MEN BY THESE PRESENTS: That the undersigned, Contex Energy Company, 621 17th Street, Suite
1020, Denver, CO 80293, hereinafter called "Assignor" for and in consideration of the sum of Ten Dollars ($10.00)
and other valuable consideration to it paid by Esenjay Oil and Gas, Ltd, of 500 N. Water Street, Suite 1100S, Corpus
Christi, TX 7847I, the receipt and sufficiency of which is hereby acknowledged, and subject to the conditions
hereinafter stated, does hereby bargain, sell, transfer, assign and convey unto the said Esenjay Oil and Gas, Ltd,
hereinafter called "Assignee", its successors and assigns, the Oil and Gas Leases, described in EXHIBIT "A" attached
hereto and made a part hereof, and all rights thereunder or incident thereto, and personal property thereon or used or
obtained in connection therewith which said leases cover the lands identified and described therein situated in Weld
County, Colorado.
Reference is hereby made to said leases, and the recordings and/or filings thereof in Weld County or the State
of Colorado Board of Land Commissioners, for further description and all other lawful purposes.
TO HAVE AND TO HOLD, the leasehold estates, interests, rights, and property hereby assigned and
conveyed unto the said Assignee herein, its successors and assigns, subject to and in accordance with the terms,
provisions, and conditions of said lease, and Assignee by acceptance hereof, agrees to comply with and hereby
assumes all of the express and implied covenants and obligations of the original lessee under said leases.
And for the consideration aforesaid, the Assignor for itself and its successors and assigns, does covenant with
said Assignee, its successors and assigns, that Assignor is the lawful owner of said leasehold estate and property
herein assigned, and that Assignor has good right and authority to sell and convey same, that said rights, interests and
property are free and clear from all liens and encumbrances, and that Assignor, its successors and assigns, will warrant
and defend the same against the lawful claims and demands of all persons whomsoever claiming or to claim the same
or any part thereof, by, through or under Assignor, but not otherwise.
IN WITNESS WHEREOF, this instrument is executed this the 18th day of November, 2008.
Contex Energy Company
111111!11111111111111111111 IIIII IiJill! III 11111 IIII Jill
3790025 09/02/2011 11:56A Weld County, CD
1 of 2 R 16.00 Q 0.00 Steve Moreno Clerk & Recorder
By
STATE OF COLORADO
COUNTY OF DENVER
ary Butler, President
BEFORE ME, the undersigned authority, allotary Public, on this day personally appeared Gary Butler, to me
known to be the identical person who subscribed the name of the maker thereof to the foregoing instrument as its
President and acknowledged to me that he executed the same as his free and voluntary act and deed and as the free
and voluntary act and deed of such corporation, for the uses and purposes therein set forth,
Given under my hand and seal of office, this the 18Th day of November, 2008.
My Commission Expires: March 16, 2009
Notary Public: Lauren Buchho
Address: Denver, CO
LAUREN BUCHHOLZ
Notary Public
State of Colorado
My Commission Expires Mach 16, 2009
11111111111 IIIIII 111111 III Ell 111111 III Hill IIII IIII
3790D25 09/02/2011 11:56A Weld County, CO
2 0l 2 R 16 00 0 0.00 Steve Moreno Clerk & Recorder
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EXHIBIT F
LIST OF OTHER PERMITS AND LICENSES REQUIRED
1. Road access permit from Weld County. May not be necessary since there is an existing access.
2. Air quality permit from CDPHE for the mining equipment used in the operation
EXHIBIT G
SOURCE OF LEGAL RIGHT TO ENTER
Attached is a copy of the lease executed with the State Board of Land Commissioners granting the
right to mine the subject property.
State of Colorado
Department of Natural Resources
STATE BOARD OF LAND COMMISSIONERS
1127 Sherman Street, #300
Denver, Colorado 80203
MINING LEASE NO. GL 3466
This Mining Lease (the "Lease"), is made in duplicate and entered into this 1st day of August, 2013, by and between
the State of Colorado, acting through its STATE BOARD OF LAND COMMISSIONERS, hereinafter referred to as,
"Lessor", and VESCO Consulting Services, LLC., P.O. Box 336626, Greeley, CO, 80633, hereinafter referred to as
"Lessee::
WITNESSETH: Lessor, for and in consideration of the sum of
recei it of which is hereby acknowledged as payment of the filing fee in the amount o ` first year's rent in the amoun
of.- and a bonus in the amount of $ -0- and in further consideration of Lessee's agreement to pay per acre or fraction thereof annually as rental in advance of the anniversary date of this lease so long as said
lease shall remain in effect; and in further oration of the terms, conditions and agreements herein and of the payment
of royalties reserved herein, to be kept and performed by Lessee, its successors and assigns, does hereby lease to Lessee the
right and privilege of exploring and prospecting for, developing, and mining of and taking of sand and gravel minerals
from the lands herein described, situated in the County of Weld, State of Colorado, to wit:
ACRES
160.00
FUND: School
SUBDIVISION
NE
SEC-TWP-RGE PATENTS
16 -7N -59W None
containing 160.00 acres, more or less, (the "Leased Premises") together with the right to use as much of the surface
as may be reasonably required, including the right to reasonable ingress and egress; the right to make excavations,
stockpiles, and other improvements as may be reasonably necessary in the mining and removal of said minerals;
subject, however, to all existing easements and rights -of -way of third parties, as detailed on Exhibit A to this
agreement, and the rights of surface lessees and surface owners, and further subject to the terms, conditions and
agreements set out in this Lease. The above -mentioned rights may be exercised in connection with mining on other
or adjacent lands only when mining on such lands is carried on in conjunction with the actual mining on the Leased
Premises. The benefits, terns, and obligations of this Lease shall extend to and be binding upon the heirs, executors,
administrators, successors, or assigns of the respective parties hereto.
RESERVING, however, to Lessor:
A. Ail rights and privileges of every kind and nature, except as are herein specifically granted.
B. The right to use or lease said premises or any part thereof at an ,,time for any purpose, including the right to
explore and prospect said premises, which use and leasing Mir premises shall be for purposes other than
and not inconsistent with the rights and privileges herein specifically granted.
C. The right to dispose of or lease the surface where Lessor is the surface owner.
D. The right at all times during the life of this lease to go upon said premises and every part thereof for the
purpose of inspecting said premises, and the books of accounts and records of mineral workings therein, and
of ascertaining whether or not said Lessee and those holding thereunder by and from it, are carrying out the
terms, covenants and agreements in this lease contained.
exceed the rate of increase of the average Producer's Price Index for Construction Sand, Gravel and Crushed Stone
for the previous 5 -year period, as published by the U.S. Department of Labor, Bureau of Labor Statistics. Failure to
comply with any new royalty rate set by Lessor may subject this lease to cancellation by thirty -day written notice by
Lessor.
Reporting of production royalty that is credited against advanced minimum royalty is also due on or before the
last day of each calendar month for mining during the preceding calendar month.
3. EXTENSION -- Lessee may have a preferential right to renew the lease or to receive a new lease, whichever may be
determined by Lessor to be in the best interest of the State, under the following conditions:
A. An advance minimum royalty, the amount to be negotiated before expiration of the lease, will be due and
payable annually commencing on the date this lease is renewed or a new lease is executed and shall
continue until the expiration of the new or renewed lease. This amount may be adjusted by Lessor at the end
of each five-year period of the renewed or new lease.
B. Lessee shall furnish to Lessor satisfactory evidence of plans for mining during the term of the renewed lease
or during the tenn of a new lease.
C. Lessee shall furnish adequate geological evidence to Lessor that the acreage subject to the renewed or new
lease is in fact an integral part of and contains reserves in a logical mining unit. Whether the acreage is or is
not a part of a logical mining unit will be determined by Lessor.
D. An extension of this Lease as determined by Lessor would be in the best interest of Lessor.
4. EXTENSION BY PRODUCTION — The Lease may continue in effect for a Secondary Tenn of 10 years to the 1st
day of August, 2033 as long as sand and gravel are being produced in paying quantities from the Leased Premises.
Paying quantities is defined as production and sales of a quantity sufficient to return to Lessor production royalty
payments of a minimum of SFr year. Cessation of production for a period in excess of 180 days will
automatically remove lease from producing status unless otherwise agreed to in writing by Lessor.
5. ANCILLARY USE -- Lessee may remove approved minerals, and place on the Leased Premises stock piles of
material mined from the Leased Premises and other such equipment as is approved by Lessor for this removal and
processing. All temporary ancillary uses such as concrete plants, asphalt plants, accessory equipment, offsite
aggregate materials and any other uses not specifically mentioned herein will be subject to the approval of Lessor,
which approval may require a yearly rental payment to Lessor of not less than Two thousand and no/100 Dollars
($2,000.00) per acre. Haul roads and/or access roads which do not directly benefit the Leased Premises will be
subject to a separate permit and approval of Lessor.
REPORTS AND RECORDS -- After operations begin, it is agreed that on or before the last day of each month
during the term of this lease Lessee shall submit a sworn, verified, written report to Lessor, in which report shall be
entered and set down the exact amount in weight of all products and the assay thereof mined and removed from said
Leased Premises during the preceding calendar month. Lessee agrees to keep and to have in possession complete
and accurate books and records showing the production and disposition of any and all substances produced on the
Leased Premises and to permit Lessor at all reasonable hours, to examine the same or to furnish copies of same to
Lessor within 60 days following written request along with purchaser's support documentation. All said books and
records shall be retained by Lessee and made available in Colorado to Lessor for a period of not less than 10 years.
If any such examination shall reveal, or if either party shall discover any error or inaccuracy in its own or the other
party's statement, payment, calculation, or determination, then proper adjustment or correction thereof shall be made
as promptly as practicable thereafter, except that no adjustment or correction shall be made if more than 10 years
have elapsed between the time the error or inaccuracy occurred and the discovery by either party of said error or
inaccuracy.
Page 3 of 11
If an assignment of a part of this Lease is approved, a new lease designated as an assignment lease will be
issued to the assignee covering the lands assigned for the balance of the term of the base lease on the mining lease
form in use at the time of assignment and limited as to term as said lease is limited. The assignor will be released
and discharged from all further obligations for such lands assigned, as if the same had never been a part of this
Lease.
11. ASSIGNMENT CONSIDERATION -- The consideration for approval of assignment by Lessor shall be 10% of the
value of any consideration tendered to Assignor by Assignee for the assignment. Divulgence of the value of these
considerations shall be mandatory, in affidavit form, which form shall be presented to Lessor along with the other
assignment instruments in order to obtain Lessor's approval for the assignment. An assignment does not constitute a
new lease but is a continuation of the base lease. Any attempt to withhold this information shall be construed as an
attempt to defraud the State of Colorado and shall render this lease null, void and nonexistent, and all moneys paid
to Lessor shall be forfeited to Lessor. In addition, the current statutory fees will be paid at the time the assignment
record form is submitted.
12. WEIGHTS -- It is agreed that all ores, minerals and other materials mined and taken from the Leased Premises shall
be weighed and assayed and the weight and assay thereof shall be entered in due form in weight and assay records
kept for such purposes by Lessee.
Ton means 2000 pounds. Ton shall be determined by Colorado State certified scales or other methods
approved by Lessor.
13. STEWARDSHIP TRUST STIPULATION-- Lessor shall specify certain stipulations with respect to use of the
surface if said surface is included in the Stewardship Trust prior to the issuance of this Lease.
14. MINING METHODS -- Only mining methods that will insure the extraction of the greatest possible amount of
minerals consistent within the laws and with prevailing good mining practice shall be used.
15. OPERATION PLAN -- All plans for exploration and mining shall be submitted to Lessor for approval by Lessor
before such operations begin. These plans will include, but not be limited to, location of additional roads, location of
access points to the Leased Premises, and location of any cattle guards or gates. These plans shall include provisions
for control of weeds.
16. ENVIRONMENTAL ANALYSIS -- Lessor may require that Lessee submit an environmental analysis for approval
by Lessor before any exploration or mining begins.
17. RECLAMATION -- Lessee shall submit all plans for restoration and reclamation of Leased Premises to Lessor for
Lessor's approval before submitting the appropriate permit or permits pursuant to the Colorado Mined Land
Reclamation Act 34-32-101 ET SEQ., C.R.S. 1973 as amended. Rules and regulations as set forth by the Division
of Reclamation, Mining, and Safety for recovery and restoration of mined land will apply where applicable to the
Leased Premises. Variations from the reclamation plan as originally submitted to the Board for approval may be
granted only with the written approval of Lessor.
18. LESSOR'S APPROVAL -- Whenever approval by Lessor is required or contemplated by Lessee, approval must be
in writing and shall be optional and shall be within the sole and absolute discretion of Lessor.
19. OTHER STATE AGENCIES -- Lessor may determine that instruments and documents required by other State
agencies satisfy certain requirements of this lease. In the event that Lessee is required to file instruments and
Page 5 of 11
Lessee shall, upon execution of this lease, at its cost, prepare a Notice, pursuant to C.R.S. 1973, § 38-22-105
and cause the same to be posted for the purpose of protecting Lessor against any liens or encumbrances upon the
Leased Premises by reason of work, labor, services or materials contracted for or supplied to Lessee.
26. BOND -- It is agreed that no operations are to be commenced on the lands herein described unless and until Lessee
or Lessee's agent has filed a good and sufficient bond with Lessor in an amount fixed by Lessor, to secure the
payment for damages caused by Lessee's or Lessee's agent's operations on said lands. Lessor reserves the right to
grant relief from the foregoing bond requirements. Lessor may require such bond to be held in full force and effect
for one year after cessation of operations for which the bond was intended. This requirement may be waived in
favor of the requirements of the Division of Reclamation, Mining, and Safety.
27. WATER -- If Lessee initiates or establishes any water rights for which the point of surface diversion or ground water
withdrawal is on the Leased Premises, title to such water rights shall, upon termination of the lease, become the
property of the surface owner without cost, and title to the water rights shall be conveyed to the surface owner
immediately upon termination, except that if Lessor is the surface owner the water right shall be taken in the name of
Lessor in the first instance and shall be the property of Lessor without cost.
28. SURRENDER AND RELINQUISHMENT -- Lessee may, at any time, by paying to Lessor all amounts then due as
provided herein, surrender and cancel this lease insofar as the same covers all or any portion of the lands herein
leased and be relieved from further obligations or liability hereunder with respect to the lands so surrendered;
provided that no partial surrender or cancellation of this lease shall be for less than tracts of approximately forty (40)
acres or governmental lot corresponding to a quarter -quarter section, the rental being reduced proportionately.
This surrender clause and option herein reserved to Lessee shall cease and become absolutely inoperative
immediately and concurrently with the institution of any suit in any court of law by Lessee, Lessor or any assignee
of either to enforce this lease, or any of its terms, express or implied, but in no case shall surrender be effective until
Lessee shall have made full provision for conservation of the minerals and protection of the surface rights of the
Leased Premises as may be determined by Lessor.
Notwithstanding the foregoing, no surrender and relinquishment of this lease shall be effective unless and
until all reports, documents and information of any kind required to be submitted to Lessor under this lease, or to
such state agencies as provided in this lease have been submitted to Lessor or such state agency.
29. RIGHT OF REMOVAL -- In the event this lease is terminated by surrender, or the expiration of its term, and all
obligations of Lessee under this lease are satisfied, all Lessee's improvements, equipment, man-made objects of any
type, including stockpiles and dumps except as these stock piles and dumps may be disposed of pursuant to the
reclamation plan, shall be removed from the Leased Premises within six months from the date of such termination at
Lessee's expense. Such removal is to be accomplished without unnecessary waste or damage to the premises and
Lessee shall restore the surface of the Leased Premises to the same condition as immediately prior to the execution
of this lease as it pertains to such removal. All improvements and equipment remaining on the Leased Premises six
months after the termination hereof shall be forfeited to Lessor, at Lessor's discretion, without compensation and
without necessity of execution of additional documents.
30. CONDEMNATION -- If the Leased Premises shall be taken in any condemnation proceeding, this lease shall
automatically terminate as of the date of taking. The award for such condemnation shall be paid to Lessor, except
for any specific award(s) paid to Lessee for severed minerals reserves, in which event a percent of such specific
award(s) equal to royalty shall be paid to Lessor in lieu of royalty lost by virtue of the condemnation. Improvements
shall be removed by Lessee per terms in the RIGHT OF REMOVAL paragraph herein. If only a portion of the
Page 7 of 11
and royalties due Lessor, or to protect Lessor against liens, or to indemnify Lessor against any loss or damage
sustained by Lessor by reason of the default of Lessee, for which purpose Lessor is hereby given a lien upon all such
property, improvements, and equipment, which lien shall attach as the same are placed upon the premises. In the
event Lessor shall foreclose the lien in this article given to Lessor by Lessee, Lessor may itself be a purchaser at any
sale thereof under such foreclosure. Upon the termination of this lease for any cause, if Lessee shall remain in
possession of said premises, Lessee shall be guilty of an unlawful detainer under the statutes in such case made and
provided, and shall be subject to all the conditions and provisions thereof and to eviction and removal, forcibly or
otherwise, with or without process of law, as above provided.
34. TAXES -- Lessee shall be liable for all taxes lawfully assessed on property of Lessee located on the Leased
Premises.
IN WITNESS WHEREOF, Lessor has caused these presents to be executed in duplicate by the State Board of Land
Commissioners and sealed with the official seal of said Board, and Lessee has hereunto set his hand and seal, all on the day
and year first above written. -
Recommended:
gst-
hillip J. Courtney, Minerals Leasing Mar
ATTEST
State of t'ii uClc
County of $ g 0,
SSOR:
TE BOARD OF LAND COMMISSIONERS
,n
e
ilonas, Minerals Director
ESSEE:
VESCO Consulting Services, LLC
By: Michael Miller, President
The foregoing instrument was acknowledged before me this Mt day of
-_oiy- 4i rr I t ✓ as being authorized to execute same.
(SEAL)
TARA BRISBY
Notary Public
State of Colorado
My Commission Expires January 06, 2015
Page 9 of 11
mimeo' , "Di rci by
Notary Public,N\ thi.a
My Commission Expires
0-1p-20ij
EXHIBIT A
SAND AND GRAVEL LEASE # GL 3466
dated
August 1, 2013
between
State of Colorado, acting through the State Board of Land Commissioners, Lessor
and
VESCO Consulting Services, LLC, Lessee
Existing leases, right -of ways, and agreements:
Legal Description: NE %, Section 16, T7N, R59W (66 PM), Weld County
Lease # Lessee Lease Type
AG 45997 Roy Ashbaugh Grazing
OG 9519.8 Esenjay Oil & Gas, Inc. Oil & Gas
ROW 1630 Morgan County Rural Electric Association Right -of -Way
Total Lease Acreage: 160.00
Page 11 of 11
EXHIBIT H
MUNICIPALITIES WITHIN A 2 MILE RADIUS
There are no municipalities within a 2 mile radius of the subject property.
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WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of
the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor
of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was
compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site,
http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld
County Assessor was assembled within thirty days of the applications sub ion date.
Signature
et -A• 137
Date
Property Owners Within 500 ft. of Parcel # 072116000001
Account
Parcel
Owner
Mailing Address
R1049086
072117000008
AMBER WAVES
25210 HWY 392
GREELEY CO 80631
R4945707
072115300004
ARCHULETAJESSE
39140 CR 115
NEW RAYMER CO 80742
R4945707
072115300004
ARCHULETA STEPHANIE
R4417906
072110300001
ASHBAUGH KEITH LIVING
TRUST
2000 S DAYTON STREET APT 218
DENVER CO 802475721
R4945607
072115100003
ASHBAUGH KEITH LIVING
TRUST
2000 S DAYTON STREET APT 218
DENVER CO 802475721
R4417906
072110300001
ASHBAUGH SHIRLEY
LIVING TRUST
R4945607
072115100003
ASHBAUGH SHIRLEY
LIVING TRUST
R1050586
072122000005
BRENINGER JAMES L
R1050586
072122000005
BRENINGER JILL E
13000 PLUMAS WOOD LANE
BAKERSFIELD CA 93314
R1046986
072109000003
CASTOR LANDS LLC
22791 HWY 39
WELDONA CO 80653
R1048986
072116000001
COLORADO STATE OF
600 GRANT ST STE 640
DENVER CO 80203
N1049286
072117000009
CUNNINGHAM C D ESTATE
CIO WALTER ZOTT
1887 MARGIE LANE
CASTLE ROCK CO 80104
N0083488
072122000005
DIVERSIFIED OPERATING
CORPORATION
C/O TERRY CAMMON
10455 W 73 PL
ARVADA CO 80005
N1000298
072117000009
FAY BETTY MARIE (50%
INT)
583 AVENIDA MAJORCA UNIT B
LAGUNA WOODS CA 92637
R1050186
072120000007
FORD PATTY L
2202 69 AVE
GREELEY CO 80634-7919
R1050286
072121000002
FORD PATTY L
2202 69 AVE
GREELEY CO 80634-7919
Account
Parcel
Owner
Mailing Address
N1019803
072108000006
HAWKEN BROWN
CAROLYN (50%)
N1050686
072122000005
HODYC BARBARA &
RUSHTON ALICE
CIO BARBARA A HODYC
139 IDLEWILDE BLVD
COMFORT TX 78013
N1000298
072117000009
KANE WINIFRED JUNE (50%
INT)
R1049186
072117000009
LIVENGOOD CONNIE J
M0149990
072108000006
LIVENGOOD MIKE
40501 CR 113
NEW RAYMER CO 80742
R1046786
072108000006
LIVENGOOD MIKE L
40501 CR 113
NEW RAYMER CO 80742
R1049186
072117000009
LIVENGOOD RONALD L
39961 COUNTY RD 127
NEW RAYMER CO 80742
M0040202
072108000006
LIVENGOOD SHANNA
40501 CR 113
NEW RAYMER CO 80742
M0040102
072108000006
LIVENGOOD SHANNA
40501 CR 113
NEW RAYMER CO 80742
N1050686
072122000005
OSWILL MYRNA
N1047086
072109000003
PEC MINERALS LP
C/O KIRWOOD DARBY INC
307 W7 ST STE 1110
FORT WORTH TX 76102
N1050786
072122000005
PEC MINERALS LP
C/O KIRWOOD DARBY INC
307 W7 ST STE 1110
FORT WORTH TX 76102
N1019803
072108000006
SANKEY PAMELA BROWN
(50%)
P O BOX 28535
BELLINGHAM WA 98228
The following is an example that you may wish to use for the Notice required for Rule 1.6.2(1)(b).
NOTICE
This site is the location of a proposed mining operation. (Name of the Applicant/Operator)
whose address and phone number is (Address and Phone Number of the Applicant/Operator) Pao=„ss,s. - --, cJ ea6,3 9,e,=-ks
has applied for a Reclamation Permit with the Colorado Mined Land Reclamation Board. Anyone wishing to
comment on the application may view the application at the (County Name) 1 la County
Clerk and Recorder's Office, (Clerk and Recorder's Office Address) 1402 N. 17th Ave, Greeley CO , and should send
comments prior to the end of the public comment period to the Division of Reclamation, Mining and Safety,
1313 Sherman St., Room 215, Denver, Colorado 80203.
Certification:
',Michael Miller , hereby certify that I posted a sign containing the above notice for
the proposed permit area known as the (Name of Operation) ®, on
(Date Posted)
SIGNATURE DATE
M:\ ,`ahec clvsfottneHsrdrockl 1 D.doc -
An example Public Notice which meets the requirements of the Statutes is shown below. The blanks, which require dates,
will need to be filled in according to the following instructions. PLEASE READ CAREFULLY.
Publication Instructions:
Date of commencement and date of completion should represent the dates which you feel most accurately describe the life
of the operation.
For all Limited Impact (110) types of operations, this notice must be published once within ten (10) days of the date the
application is considered submitted to the Division of Reclamation, Mining, and Safety (the "Division"). The final date for
receiving comments is ten (10) days after the date of publication or the next regular business day.
All notices must be published in a newspaper of general circulation in the locality of the proposed mining operation and
mailed to the landowners as set forth in the Construction Materials Rules and Regulations. Since the date for consideration
of your application may change, DO NOT include it in this notice.
For a complete discussion of the notice procedures and objections, please refer to C.R.S. 34-32.5-110(7)(c), 114 and 115.
*******************:;:************y:***:kx:;c:k**dv.:*:r*:tv.:*8:***********x*v,:*********************:k*:t*�:d:k8'
*******8: .***
PUBLIC NOTICE
(Operator Name) Vesco Consulting Services, LLC ; (Address and Phone Number)
_, has filed an application for a Construction Materials Limited Impact (110) Reclamation Permit with the Colorado
Mined Land Reclamation Board under provisions of the Colorado Land Reclamation Act for the Extraction ofConstruction
Materials. The proposed mine is known as the (Name of the Mine) GoodMiller Pit , and is located at or near
Section 16 , Township 7.0 , Range 59.0 , Prime Meridian.
The proposed date of commencement is November 1, 2013 , and the proposed date of completion
is November 1, 2023 . The proposed future use of the land is (Future Landuse)
Additional information and tentative decision date may be obtained from the Division of Reclamation, Mining, and Safety,
1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567, or at the (County Name)
Weld County Clerk and Recorder's office; (Clerk and Recorder's Address) 1402 N. 17th Ave, Greeley, co , or the above -
named applicant. A complete copy of the application is available at the above -named County Clerk and Recorder's office
and at the Division's office.
Comments concerning the application and exhibits must be in writing and must be received by the Division of Reclamation,
Mining, and Safety by 4:00 p.m. on (Final Date for Comments)
Please note that under the provisions of C.R.S. 34-32.5-101 et seq. Comments related to noise, truck traffic, hours of
operation, visual impacts, effects on property values and other social or economic concerns are issues not subject to this
Office 's jurisdiction. These subjects, and similar ones, are typically addressed by your local governments, rather than the
Division of Reclamation, Mining, and Safety or the Mined Land Reclamation Board
M:\min\share\vsforms\07-07-01 vsforms\Construction110 07/23/2007
The following is an example that you may wish to use for the Notice required for Rule 1.6.2(1)(6).
NOTICE
This site is the location of a proposed mining operation. (Name of the Applicant/Operator) ViSco (v1T7a ,-
whose address and phone number is (Address and Phone Number of the Applicant/Operator) P. o, 3;b)S tp, Tao }
has applied for a Reclamation Permit with the Colorado Mined Land Reclamation Board. Anyone wishing toq`o �3^
comment on the application may view the application at the (County Name) �J4 7 County
Clerk and Recorder's Office, (Clerk and Recorder's Office Address) 1}50 p fir, G' , and should send
comments prior to the end of the public comment period to the Division of Reclamation, Mining and Safety,
1313 Sherman St., Room 215, Denver, Colorado 80203.
Certification:
r, tom— , hereby certify that %posted a sign containing the above notice for
the proposed permit area known as the (Name of Operation) (-6S0)'I+t IW-14 - 17/ 1 , on
(Date Poste€1) 1-12- 13
giA.aolittA
SIGNATURE SIGNATI DATE
13
M Arrinlsbarlvsfoems&Hardrock11D.doc --
:;*.td,:: a! re rah* A'ALOSSAFc 44100ttalitifr
THIS SITE IS THE LOCATION OF A PROPOSED MINING OPERATION.
VESCO CONSULTING SERVICES, LLC., WHOSE ADDRESS IS
PO BOX 336626, GREELEY, COLORADO 80633, 970-356-1853,
HAS APPLIED FOR A RECLAMATION PERMIT
WITH THE COLORADO MINED LAND RECLAMATION BOARD. ANYONE
WISHING TO COMMENT ON THE APPLICATION MAY VIEW THE APPLICATION
AT THE WELD COUNTY CLERK AND RECORDERS OFFICE AT
1150 O ST., GREELEY COLORADO AND SHOULD SEND COMMENTS
PRIOR TO THE END OF THE PUBLIC COMMENT PERIOD TO THE DIVISION
OF RECLAMATION, MINING AND SAFETY,1313 SHERMAN ST , ROOM 215,
DENVER, COLOr ADO, 80203
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