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Home My WebLink About20130847.tiffEipiirouwei,t, iqc. LARRY E. O'BRIAN FOUNDER STEVAN L. O'BRIAN PRESIDENT April 22, 2013 Weld County Clerk to the Board Board of County Commissioners Office 1150 O Street Greeley, Colorado 80631 7985 VANCE DRIVE, SUITE 205A ARVADA, COLORADO 80003 303-423-7297 FAX 303.423.7599 Re: Application for a Mined Land Reclamation Permit American Civil Constructors, Inc.- Nietfeld Borrow -West M-2013-020 - Adequacy Response Dear Sir/Madam: We are delivering to you here with a packet containing the Adequacy Response for the Nietfeld Borrow - West, a Special 111 Construction Materials permit. Please place this packet with the original book I delivered in early April, The original will be filed with the Division of Reclamation, Mining & Safety (D.R.M.S.). This copy of the Adequacy response packet is delivered to you pursuant to 34-32.5-112(9)(a), Colorado Revised Statutes 1995, as amended, which states in part: ..the applicant shall file a copy of such applica- tion for public inspection at the office of the County Clerk and Recorder of the County in which the affected land is located. Please acknowledge receipt of this replacement page to the permit application by signing in the appropriate space provided below. Thank you for returning a copy of this page with your receipt stamp on it via e-mail Yours truly, Environment, Inc. Stevan L. O'Brian enclosure d RECEIVED THIS a DAY OF By unty C : rk to the Board RECEIVED tHts.t COMMISIIONERS 2013 -puhoo hiltood4131(3 20(3- Owl Environment, LARRY E. O'BRIAN FOUNDER STEVAN L. O'BRIAN PRESIDENT April 22, 2013 Mr. Peter Hayes Division of Reclamation, Mining & Safety 1313 Sherman St, Suite 215 Denver, CO 80203 Dear Peter; RE: American Civil Constructors, Inc. Permit # M-2013-020 - Nietfeld Borrow - West Adequacy Review #1 7985 VANCE DRIVE, SUITE 205A ARVADA, COLORADO 80003 303-423-7297 FAX 303-423-7599 On behalf of my client American Civil Constructors, Inc., I am responding to your Adequacy review letter dated April 19, 2013. I will respond to your item points in the order presented in the letter. 6.3.3 EXHIBIT C - MINING PLAN: 1. I used the term road loosely here. It should have been a driveway that provides access to the property to be mined. It is a paved access from the edge of HWY 85 to the ROW fence and will only be maintained as needed. This driveway (access) is an existing road that was constructed prior to permitting for access to the property and is used for agricultural purposes so it is not required to be in the permit area per Rule 1.1(3). The activity planned to maintain the driveway does not make it "Substantially upgraded". The road I was referring to in this discussion was the internal, existing road on the permit area. This road is on the permit area except where it crosses the HWY 85 ROW between the surface of HWY 85 and the owners property line. The CDOT project area adjoins the mine so no public roads will be used to haul material to the project. 2. The phrase ", and left" should have been left out. I have fixed this on page 19 and a replacement page is attached. This statement referred to the internal, property owner roads shown on the maps. MINING PLAN EXHIBIT C MINING PLAN EXHIBIT C 6.3.3 - This is an open pit mine located 1.25 miles north of Nunn, Colorado, on State Highway 85. We anticipate the life of this mine to be for days. The contract this borrow area is the length of the contract, working 180+ was signed March 5, 2013 and stripping from scheduled to begin in early April 2013 and possibly ending as late as December 15, 2013. The primary material to be removed from the site is a sandy clay loam or sandy gravel that underlies the topsoil and is suitable for use as borrow. The material will be used to supply fill material for a overpass reconstruction project on HWY 85 just north of the mine. No secondary material to be mined nor are there any incidental products that will be used. There will be no blasting at this mine. The site is currently used by the landowners as rangeland. Of the 19.0 acre ± in the permit area, approximately 16.51 acre ± will be used as mining or load out area and 0.59 acres will be access roads. The remaining 1.9 acres is contained in setback area. Some of this area is part of the old mine (10.6 ac.±) that may not be redisturbed unless it contains material suitable for the project. The material is a sandy gravel deposit usable for filling on the CDOT project area. Previous mining has created a hole in the deposit with steep sloped faces on the east and west sides with the exception of where the access road enters the mined area. Mining will begin on the north end and work to the south until the project needs are met. Mining will begin by first clearing the land and stripping topsoil from the area to be mined. The approximate locations of the topsoil piles are shown on Map Exhibit El. The site will be mined in the direction shown on the mining plan map. The existing road from HWY 85 will be improved and maintained during extraction. Per our agreement with the land- owner, the existing access road will be graded when mining ends. This road will be approximately 30 feet wide and 2550 feet long. 19 (revised 4/22/13) AMERICAN CIVIL CONSTRUCTORS, INC. PRE-MINIG MAP - EXHIBIT E-1 NEITFELD BORROW - WEST Vegetation Western wheatgrass Green needlegrass Needleandthread Sideoats grama Prairie sandreed Cottonwood trees PREPARED BY: ENVIRONMENT, INC. 7985 VANCE DR., # 205A ARVADA, CO 80003 (303)423-7297 AND EAFFECTEDT WITHIN FEET Oj STNOCO Acquitions LLC 1109 W. Harmony RD. Fort Collins Ca 80526 O2 State of Colorado Department of Transportation 4201 E Arkansas Ave Denver Co 00222 O Rouse Farms CO LC 15627 CR 108 Numm, CO 80648 Oq Clayton C, 6 Lila o Nietfeld. Trust P O Box 186 Nunn Co 80648 O5 Union Pacific Railroad Attention: Right of Way 1400 Douglas Street Omaha, NB 68179 © Janet Lee 8 Karl Louis Carob 57 E Woodland Cir Highlands Ranch Co 80126 STRUCTURES WITHIN 200' CDOT - Highway 85'. 3 strand barbed wire force Union Pacific Railroad- railroad tracks' Notes: I) Old mine area may not be redisturbed 2) CDOT uses area on south as material storage area. 3) Mining setbacks will be 15 feet from permit line. 4) If processing is done a portable screen plant will be used. No chemical except fuel would be used at the plant. LEGEND PERMIT LINE/AFFECTED LANDS — 200 FOOT LINE ■ m - - - • ROADS — GRAVEL K K K FENCE 11111111111111111111 RAILROAD TRACKS AREA TO BE MINED OLD MINE C773 SCATTERED TREES TEMPORARY TOPSOIL PILES ,mmeMm.-- DIRECTION OF MINING 0 N E O S DATE: APR 22, 2013 — 10:37:12 150 300 600 SCALE 1"r300' CONTOUR INTERVAL: 5 FEET PAW OF ttE SW/ 456/4. %COON 21, IVN9rW 9 \'ltt ?WOE 66 WE5f 6M F.M.. WELD CONN, CGLd6PVO AMERICAN CIVIL CONSTRUCTORS, INC. RECLAMATION PLAN MAP - EXHIBIT E-2 NEITFELD BORROW - WEST PERMI�AREA 19.0 AA, ,�\ PREPARED v NVIRONMENT, INC. 7985 VANCE bk., # 205A ARVADA, CO 80003 (303)423-7297 OWNERSHIP WITHIN 200 FEET AND AFFECTED LANDS 0 ST NOCO Acquitions LLC 1109 W. Harmony RD. Fort Collins Co 00526 C) State of Colorado Department of Transportation 4201 E Arkansas Ave Denver Co 00222 0 Rouse Farms CO LC 15627 CR 108 Numm, CO 00648 0 Clayton C, d Lila a Nietfeld, Trust P 0 Box 186 Nunn Co 80648 Q5 Union Pacific Railroad Attention: Right of Way 1400 Douglas Street Omaha, NB 68179 ©Janet Lee d Karl Louis Kerzic 57 E Woodland Cir Highlands Ranch Co 80126 STRUCTURES WITHIN 200' CDOT- Highway 85", 3 strand barbed wire fens Union Pacific Railroad - railroad tracks" Notes: 1) All mined slopes will be graded 2h to lv. 2) Slopes into the Old Mine area will not be graded unless disturbed by mining. 3) Only areas disturbed by current mining will re reclaimed. 4) Topsoil will be respread on the disturbed areas at a rate of 4 to 6 inches deep, averaging 5 inches. LEGEND ■--- ME I• PERMIT LINE/AFFECTED LANDS 200 FOOT LINE ROADS — GRAVEL x x x FENCE RAILROAD TRACKS RECLAIMED AREA OLD MINE w N E S DATE: APR 03, 2013 — 17:05:51 0 150 300 600 SCALE 1"=300' CONTOUR INTERVAL: 5 FEET 1701 OF the 9/0/499/ 0CtON 21, 10949919 9 :NORM, ma 66 9,E51. 619 Ott.. NCL0 COMM. 62099400 April 22, 2013 FIELD(1) FIELD(2) RE: Damage Reimbursement Agreement American Civil Constructors, Inc. - Nietfeld Borrow - West Weld County, Colorado Dear FIELD(1): American Civil Constructors, Inc., is filing for a Special 111 Permit from the Colorado Mined Land Reclamation (MLR) permit to extract construction materials from a tract of land located in Part of Section 21, T -9-N, R -66-W, 6th Prime Meridian, Weld County, Colorado. State MLR law requires the permit applicant to agree to reimburse the owner of any permanent man-made structure(s) within 200 feet of the mining area for damage done to the structure(s) as a result of the permitted operation. We believe FIELD(1) own the structure(s) listed below. American Civil Construc- tors, Inc. agrees to reimburse FIELD(1) for any damage done to the structure(s) listed below as a result of the proposed mining operation. Your acknowledging signature and a notary seal in the spaces provided below should satisfy the MLR law reimbursement requirement. Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can return the executed agreement to us. We have also enclosed a second copy of this letter that you may keep for your files. Thank you for your cooperation. Sincerely, ACKNOWLEDGED BY: FIELD(1) Jeff Croll Vice President cc: Division of Reclamation, Mining & Safety file Structure list: FIELD(3) Title STATE OF SS. COUNTY OF The forgoing was acknowledged, subscribed and sworn to before me, a Notary Public, this day of By Notary Public My commission expires: 48 (Revised 4/22/13) wr STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 April 16, 2013 Weld County Commissioners County Commissioner 915 10th St Greeley, CO 80631 ElVE COMMISSIONERS �p9 2p013WELD COUNTY ry t COIVIMISSIO1VERS COLORADO DIVISION OF RECLAMATION MINING — &-- SAFETY John W. Hickenlooper Governor Mike King Executive Director Loretta E. Pineda Director RE: Notice of Special 111 Construction Materials Reclamation Permit Application Consideration American Civil Constructors Holdings, Inc., Nietfeld Borrow - West, File No. M-2013-020 Please be advised that American Civil Constructors Holdings, Inc., whose address and telephone number are 4901 S. Windermere St. , Littleton, CO 80120; (303) 730-4523, has filed a reclamation permit application to extract construction materials with this office. The operation will be located at or near Section 21, Township 9N, Range 66W, 06th Prime Meridian, in Weld County. Please be advised that the permit area may be located in more than one Section, Township, and Range. The applicant proposes to reclaim the site for IndustriaUcommercial. The decision date for this application is scheduled for April 30, 2013, providing all permit requirements have been met. Any comments or objections must be submitted in writing and be filed with the Division of Reclamation, Mining and Safety no later than 5:00 p.m. on April 22, 2013 to be considered in the application review process. If we do not receive your comments or any objection by the end of the public comment period, the Office will assume you have no objection or comment to the proposed activity. If you have any questions, please contact me. Sincerely, Peter S. Hays, Environmental Protection Specialist G , 1/13(f3 Office of Office of �I3 Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines Weee J v eer Q( V X PP1.3 3-2-9 -2&/? 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 o/ 3 - 020 CONSTRUCTION MATERIALS SPECIAL (111) OPERATION RECLAMATION PERMIT APPLICATION FORM COLODo DIVISIP.AON O F RECLAMATION MINING —&— SAFETY Bill Ritter, Jr. Governor Harris D. Sherman Executive Director Ronald W. Cattany Division Director Natural Resource Trustee The application for a Construction Materials Special 111 Operation Reclamation Permit contains four major parts: (1) the application form; (2) Exhibits A -L, Addendum 1, and any sections of Exhibit 6.5 (Geotechnical Stability Exhibit), as required by the Office, and outlined in Rules 6.1, 6.2, 6.3, 6.5, and 1.6.2(1)(b); (3) the application fee; (4) the Performance Warranty and if required a Financial Warranty. When you submit your application, be sure to include one (1) completed, signed and notarized ORIGINAL and one (1) copy of the completed application form, two (2) copies of Exhibits A -L, Addendum 1, appropriate sections of Exhibit 6.5 (Geotechnical Stability Exhibit), as required, a check for the application fee described under (4) below, and the fully executed Performance Warranty and Financial Warranty, if required. Exhibits should NOT be bound or in 3 -ring binders; maps should be folded to 8 2" X 11" or 8 2" X 14" size. To expedite processing, please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, all information described below 1. Applicant/operator or company name (name to be used on the permit): American Civil Constructors. Inc. 1.1 Type of organization (corporation, partnership, etc.): Corporation 2. Operation name (pit, mine or site name': Nietfeld Borrow - West 3. Permitted acreage: 4. New Application: 5. Primary commodities) to be mined: Construction fill 19.0 Permitted Acres $898.00 Application Fee 6. Name of owner to the surface of affected land: Clayton C.& L illan A, Nietfeld Trust 7. Name of owner to the subsurface rights of affected land: Clayton C.& I illan A. Nietfeld Trust 8. Type of mining operation: ✓ Surface Underground In -situ 9. Location information: The center of the area where the majority of mining will occur: Co Weld r PRINCIPAL MERIDIAN (check one): i t ' 6th (Colorado) T 10th (New Mexico) i • Ute SECTION (write number): S 21 TOWNSHIP (write number and check direction): T 9 I • North l • South RANGE (write number and check direction): R ' East ✓ • West QUARTER SECTION (check one): NE NW __• SE I " ' SW QUARTER/QUARTER SECTION (check one): . NE NW SE ✓ : SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): 1.75 north of Nunn Colorado Site elevation 5250 msl Office of Donle..,wtin.. ri.....e. _ f -.....d l... ,..;,.., • n........... Office of -2- 10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (N) 39° 44' 12.98" (W) 104° 59' 3.87" Latitude (N): deg 40 min 43 sec 39 . 70 (2 decimal places) Longitude (W): deg 104 min 47 sec 28 . 50 (2 decimal places) OR Example: (N) 39.73691° (W) -104.98449° Latitude (N) Longitude(W) OR Universal Tranverse Mercator (UTM) Example: 201336.3 E NAD27 Zone 13 4398351.2 N (5 decimal places) (5 decimal places) UTM Datum (specify NAD27, NAD83 or WGS 84) Nad 83 Easting Northing Zone 13 11. Primary Future (Post -mining) Land Use (check only one): Cropland(CR) r Pastureland(PL) FT General Agriculture(GA) Rangeland(RL) Forestry(FR) J Wildlife Habitat(WL) [' Residential(RS) FT Recreation(RC) r Industrial/Commercial(IC) r Developed Water Resources(WR) IT Solid Waste Disposal(WD) 12. Primary Present Land Use (check only one): E Cropland(CR) r✓ Rangeland(RL) E Residential(RS) • Pastureland(PL) (� Forestry(FR) ✓ Recreation(RC) I Developed Water Resources(WR) 13. Estimated Beginning Date of Contract: • General Agriculture(GA) 17 Wildlife Habitat(WL) • Industrial/Commercial(IC) r Mining(MN) April 1, 2013 13.1 Estimated completion date of contract: December 15, 2013 -3- 15. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Contact's Name: Jeff Croll Title: Vice President Company Name: American Civil Constructors, Inc. Street/P.O. Box: 4901 S. Windermere St P.O. Box: City: Littleton State: Colorado Zip Code: 80120 Telephone Number: (303 ) _ 7304523 Fax Number: (303 ) _ 347-1844 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Steve O'Brian Title: President Company Name: Environment, Inc. Street/P.O. Box: 7985 Vance Dr., #205A P.O. Box: City: Arvada State: Colorado Zip Code: 80003 Telephone Number: Fax Number: (303 ) _ 423-7297 (303 ) _ 423-7599 INSPECTION CONTACT Contact's Name: Jeff Croll Title: Vice President Company Name: American Civil Constructors, Inc. Street/P.O. Box: 4901 S. Windermere St P.O. Box: City: Littleton State: Colorado Zip Code: 80120 Telephone Number: (303 ) _ 730-4523 Fax Number: (303 ) _ 347-1844 CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: Telephone Number: ( ) - CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: Telephone Number: ( ) - -4- 14. Maps & Exhibits: Submit two (2) complete, unbound copies of the following application exhibits: 6.3.1 EXHIBIT A - Legal Description and Location Map 6.3.2 EXHIBIT B - Site Description 6.3.2 EXHIBIT C - Mining Plan 6.3.4 EXHIBIT D - Reclamation Plan 6.3.5 EXHIBIT E - Maps, to include the location of any recorded easements 6.3.6 EXHIBIT F - List of Other Permits and Licenses Required 6.3.7 EXHIBIT G - Source of Legal Right -to -Enter 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 3 - Proof of Mailing Notices of Permit Application 6.3.11 EXHIBIT K - Terms of Governmental Contract 6.3.12 EXHIBIT L - Permanent Man-made Structures 1.6.2(I)(b) ADDENDUM 1 - Notice Requirements 6.5 Geotechnical Stability Exhibit (as required) Responsibilities es a Permittee; Upon application approval and permit issuance, this application becomes a legally binding document. Therefore, there are a number of important requirements which you, as a perrnittee, should fully understand. These requirements are listed below. Please read and Initial each requirement, in the space provided, to acknowledge that you understand your obligations. If you do not understand these obligations then please contact this Office for a full explanation. 1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information contained in the application or your permit misrepresent important material facts; 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties, to you as 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 new permit application and obtain approval from the Board or Office; 5. It is your responsibility to notify the Office of any changes in your address or phone number; 6. Upon permit issuance and prior to beginning on -site mining activity, you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information (Rule 3.1.12): a. the name of the operator, b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, c. the permit number. Jl 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance; 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Mineral Rules and Regulations in effect at the time the permit is issued. 9. Annually, on the anniversary date of permit issuance, you must submit an annual fee (8504), and an annual reportwhich 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 apernit is held. For example, apemut with the anniversary date of July I, 1995, the annual fee is for the period of July 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as an operator, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions, changes, and deletions to this document prior to final decision by the Office. Therefore, if you have any comments or concerns you must contact the applicant or the Office prior to thc decision date so that you will know what changes may have been made to the application document. The Office is not allowed to consider comments, unless they are written, and received prior to the end of the public comment. period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process, you may contact the Office at (303) 866-3567. Certification: As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1. All necessary approvals from local government have been applied for (Section 34-32.5-11 l(1)(a)(IX)); 2. This entire mining operation will not affect more than 30 acres; 3. This mining operation will not adversely affect the stability of any significant, valuable and permanent man-made structure(s) located within two hundred (200) feet of the affected lands. (However, where there is an agreement between the applicant/operator and the persons having an interest in the structure that damage to the structure is to be compensated for by the applicant/operator (Section 34-32.5-115(4)(e), C.R.S. 1984, as amended), then mining may occur within 200 feet. Proof of an agreement must be submitted to the Office prior to the decision date.) 4. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115(4)(f), C.R.S. 1984, as amended); 5. As the applicant/operator, I do not have any mining/exploration operations in this state of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section 34-32.5-120, C.R.S. 1984, as amended) as determined through a Board finding. 6. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. 1984, as amended. This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-111,C.R.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modjflcation of this form shall result in voiding any permit issued on the altered or modified form and subject the operator to cease and desist orders and civilpenalties for operating without a permit pursuant to section 34-32.5-123, C.R.S. Signed and dated this S day of American Civil Constructors, Inc State of Colorado ) ss. County of Arapahoe ) By: The foregoing instrument was acknowledged before me this r7 day of A p 1 , 2 U(�i by Jeff Croll as Vice President of American Civil Constructors, Inc. MARNIE BILBREY NOTARY PUBLIC STATE OF COLORADO NOTARY D200840317E5 MY COMMISSION EXPIRES SEPTEMB Win✓'7ItibA,i. Notary Public My Commission expires: 61- h -2 I) \1p TURES MUST BE IN BLUE INK ;ir 1 r Declination MN 8° 42' E Name: NUNN (CO) Date: 04/04/13 Scale: 1 inch = 2,000 ft. Copyngh; (C) 2008, Myiopo ANCE 040' 43' 39.70' N 104' 47' 28 50' W LOCATION: Part of the SW1/4SW1/4 of Section 21, T -09-N, R -66-W, 6th P.M., WELD, COUNTY, COLORADO Ntaf Ccp r.yn: <C) 2CC9 ,'.;7opo American Civil Constructors, Inc. Exhibit A-1 - Location map Nietfeld Borrow - West 111 Special Permit LEGAL DESCRIPTION EXHIBIT A Portions of the SW'4SW% and NW'ASW'/,, Section 21, Township 9 North, Range 66 West, of the 6th P.M., Weld County, Colorado, containing 19.0 acres more or less. Ei,virouwept, iqc. LARRY E. O'BRIAN FOUNDER STEVAN L. O'BRIAN PRESIDENT April 12, 2013 Weld County Clerk to the Board Board of County Commissioners Office 1150 O Street Greeley, Colorado 80631 7985 VANCE DRIVE, SUITE 205A ARVADA, COLORADO 80003 303-423-7297 FAX 303.423.7599 Re: Application for a Mined Land Reclamation Permit American Civil Constructors, Inc.- Nietfeld Borrow -West M-2013-020 - Replacement page Dear Sir/Madam: We are delivering to you here with a replacement page for Exhibit A- Legal Description for the Nietfeld Borrow - West, a Special 111 Construction Materials permit, to be operated by American Civil Constructors, Inc. Two copies of the application are on file with the Division of Reclamation, Mining & Safety (D.R.M.S.). This copy of the application is delivered to you pursuant to 34-32.5-112(9)(a), Colorado Revised Statutes 1995, as amended, which states in part: ..the applicant shall file a copy of such applica- tion for public inspection at the office of the County Clerk and Recorder of the County in which the affected land is located. Please acknowledge receipt of this replacement page to the permit application by signing in the appropriate space provided below. This page should be placed with the application packet delivered previously. Yours truly, Environment, Inc. e Stevan L. O'Brian enclosure RECEIVED APR 1 2 2r3 WELD COUNTY COMMISSIONERS RECEIVED THIS DAY OF 2073 VVs� By Weld Co 1 Clerk to the Board Dt3 - LE- LEGAL DESCRIPTION EXHIBIT A Portions of the SW'/,SW'/, and NW'ASW'A, Section 21, Township 9 North, Range 66 West, of the 6th P.M., Weld County, Colorado, containing 19.0 acres more or less. I I U U U U • • U • w I U • U U U American Civil Constructors, Inc. Nietfeld Borrow - West 111 - Special permit - Construction Materials Permit # M-2013-020 WELD COUNTY, COLORADO MARCH 2013 Application for a Special 111 Operation Mined Land Reclamation Permit PREPARED BY ENVIRONMENT, INC. 7985 VANCE DR., SUITE 205A ARVADA, CO 80003 (303) 423-7297 CC/. do13' 41 STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 CONSTRUCTION MATERIALS SPECIAL (111) OPERATION RECLAMATION PERMIT APPLICATION FORM Bill Ritter, Jr. Governor COLORADO DIVISION OF RECLAMATION MINING - & SAFETY Harris D. Sherman Executive Director Ronald W. Cattany Division Director Natural Resource Trustee The application for a Construction Materials Special 111 Operation Reclamation Permit contains four major parts: (1) the application form; (2) Exhibits A -L, Addendum 1, and any sections of Exhibit 6.5 (Geotechnical Stability Exhibit), as required by the Office, and outlined in Rules 6.1, 6.2, 6.3, 6.5, and 1.6.2(1)(b); (3) the application fee; (4) the Performance Warranty and if required a Financial Warranty. When you submit your application, be sure to include one (1) completed, signed and notarized ORIGINAL and one (1) copy of the completed application form, two (2) copies of Exhibits A -L, Addendum 1, appropriate sections of Exhibit 6.5 (Geotechnical Stability Exhibit), as required, a check for the application fee described under (4) below, and the fully executed Performance Warranty and Financial Warranty, if required. Exhibits should NOT be bound or in 3 -ring binders; maps should be folded to 8 2" X 11" or 8 2" X 14" size. To expedite processing, please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, all information described below 1 Applicant/operator or company name (name to be used on the permit): American Civil Constructors, Inc. 1.1 Type of organization (corporation, partnership, etc.): Corporation 2. Operation name (pit, mine or site name): Nietfe d Borrow - West 3. Permitted acreage: 4. New Application: 5. Primary commoditie(s) to be mined: Construction fill 6. Name of owner to the surface of affected land: C_ayton C.& Lil an A, Nietfeld Trust 7. Name of owner to the subsurface rights of affected land: Clayton C.& Lilian A, Nietfe 8. Dye of mining operation: ✓ Surface Underground In -situ 9. Location information: The center of the area where the majority of mining will occur: COUNTY' Weld PRINCIPAL MERIDIAN (check one): ✓ 6th (Colorado) 19.0 Permitted Acres $898.00 Application Fee d Trust 10th (New Mexico) Ute SECTION (write number): S 21 TOWNSHIP (write number and check direction): T 9 1-67 North ! _ South RANGE (write number and check direction): R 6_ East ✓ West QUARTER SECTION (check one): NE NW SE I " SW QUARTER/QUARTER SECTION (check one): NE NW SE V SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): 1.75 north of Nunn Colorado Site elevation 5250 msl Office of Mined Land Reclamation Office of Denver • Grand Junction • Durango Active and Inactive Mines 10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (N) (W) Latitude (N): Longitude (W): OR Example: (N) (W) Latitude (N) _ Longitude(W) OR Universal Tranverse Mercator (UTM) Example: 201336.3E NAD27 Zone 13 4398351.2 N 39° 44' 12.98" 104° 59' 3.87" deg 40 min 43 sec 39 . 70 (2 decimal places) deg 104 min 47 sec 28 . 50 (2 decimal places) 39.73691° -104.98449° • • (5 decimal places) (5 decimal places) UTM Datum (specify NAD27, NAD83 or WGS 84) Easting Northing Nad 83 11. Primary Future (Post -mining) Land Use (check only one): Cropland(CR) • Range land(RL) Residential(RS) Pastureland(PL) Forestry(FR) Recreation(RC) Developed Water Resources(WR) 12. Primary Present Land Use (check only one): • Cropland(CR) • Range land(RL) • Residential(RS) I- Pastureland(PL) Forestry(FR) • Recreation(RC) I- Developed Water Resources(WR) 13. Estimated Beginning Date of Contract; Zone 13 General Agriculture(GA) Wildlife Habitat(WL) Industrial/Commercial(IC) Solid Waste Disposal(WD) I� General Agriculture(GA) • Wildlife Habitat(WL) Industrial/Commercial(IC) Mining(MN) April 1, 2013 13.1 Estimated completion date of contract: December 15, 2013 3 15. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Jeff Croll Title: Vice President Contact's Name: Company Name: Street/P.O. Box: City: State: American Civil Constructors, Inc. 4901 S. Windermere St Littleton P.O. Box: Colorado Zip Code: 80120 Telephone Number: (303 ) _ 7304523 Fax Number: (303 ) _ 347-1844 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Company Name: Street/P.O. Box: City: State: Steve O'Brian Title: President Environment, Inc. 7985 Vance Dr., #205A Arvada P.O. Box: Colorado Zip Code: 80003 Telephone Number: (303 ) _ 423-7297 Fax Number: (303 ) _ 423-7599 INSPECTION CONTACT Contact's Name: Company Name: Street/P.O. Box: City: State: Jeff Croll Title: Vice President American Civil Constructors, Inc. 4901 S. Windermere St Littleton P.O. Box: Colorado Zip Code: 80120 Telephone Number: (303 ) _ 7304523 Fax Number: (303 ) _ 347-1844 CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: Telephone Number: ( ) - CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Telephone Number: Zip Code: -4 14. Maps & Exhibits: Submit two (2) complete, unbound copies of the following application exhibits: 6.3.1 6.3.2 6.3.2 6.3.4 6.3.5 6.3.6 6.3.7 6.3.8 6.3.9 6.3.10 6.3.11 6.3.12 1.6.2(1)(b) 6.5 EXHIBIT A - Legal Description and Location Map EXHIBIT B - Site Description EXHIBIT C - Mining Plan EXHIBIT D - Reclamation Plan EXHIBIT E - Maps, to include the location of any recorded easements EXHIBIT F - List of Other Permits and Licenses Required EXHIBIT G - Source of Legal Right -to -Enter EXHIBIT H - Municipalities Within a Two-mile Radius EXHIBIT I - Proof of Filing with County Clerk EXHIBIT J - Proof of Mailing Notices of Permit Application EXHIBIT K - Terms of Governmental Contract EXHIBIT L - Permanent Man-made Structures ADDENDUM 1 - Notice Requirements Geotechnical Stability Exhibit (as required) Responsibilities as a Permittee: Upon application approval and permit issuance, this application becomes a legally binding document. Therefore, there are a number of important requirements which you, as a 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 financial warranty is forfeited; 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information contained in the application or your permit misrepresent important material facts; 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties, to you as 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 new permit application and obtain approval from the Board or Office; 5. It is your responsibility to notify the Office of any changes in your address or phone number; 6. Upon permit issuance and prior to beginning on -site mining activity, you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information (Rule 3.1.12): a. the name of the operator, b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, c. the permit number. 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance; sdc/ Jt/ 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Mineral Rules and Regulations in effect at the time the permit is issued. 9. Annually, on the anniversary date of permit issuance, you must submit an annual fee ($504), and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example, a permit with the anniversary date of July 1, 1995, the annual fee is for the period of July 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as an operator, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions, changes, and deletions to this document prior to final decision by the Office. Therefore, if you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what changes may have been made to the application document. The Office is not allowed to consider comments, unless they are written, and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process, you may contact the Office at (303) 866-3567. 6 Certification: As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1. All necessary approvals from local government have been applied for (Section 34-32.5-111(1)(a)(IX)); 2. This entire mining operation will not affect more than 30 acres; 3. This mining operation will not adversely affect the stability of any significant, valuable and permanent man-made structure(s) located within two hundred (200) feet of the affected lands. (However, where there is an agreement between the applicant/operator and the persons having an interest in the structure that damage to the structure is to be compensated for by the applicant/operator (Section 34-32.5-115(4)(e), C.R.S. 1984, as amended), then mining may occur within 200 feet. Proof of an agreement must be submitted to the Office prior to the decision date.) 4. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115(4)(f), C.R.S. 1984, as amended); 5. As the applicant/operator, I do not have any mining/exploration operations in this state of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section 34-32.5-120, C.R.S. 1984, as amended) as determined through a Board finding. 6. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. 1984, as amended. This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-111,CR.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to section 34-32.5-123, CRS. C l �1 3 Signed and dated this -•� day of /`T�t/ American Civil Constructors, Inc By Title: Vi • President 44/9 State of Colorado If Corporation Attest.(Sp., ' Op • . tie . By: . P.. . ,a•• • Corporate $e t Rik* Town/C& a • • ) ss. County of Arapahoe ) The foregoing instrument was acknowledged before me this 5 day of A ?CS 1 , 2 , by Jeff Croll as Vice President of American Civil Constructors, Inc. MARNE BILBAEY NOTARY PUBUC STATE OF COMM NOTARY ID 20084031166 MY COMMISSION EXPIRES SEPTEM (uwV.. SULOAAA6j Notary PubiC My Commission expires: 6k r `\ —Z g1/40, �r URES MUST BE 1N BLUE INK TABLE OF CONTENTS LEGAL DESCRIPTION - EXHIBIT A LOCATION MAP - EXHIBIT A-1 PAGE 1 S ITE DESCRIPTION - EXHIBIT B S OILS & VEGETATION INFORMATION S OILS MAP P ERMANENT MAN MADE STRUCTURES WATER RESOURCES MINING PLAN - EXHIBIT C RECLAMATION PLAN - EXHIBIT D RECLAMATION COSTS MINING PLAN MAP - EXHIBIT El RECLAMATION PLAN MAP - EXHIBIT E2 OTHER PERMITS AND LICENSES - EXHIBIT F S OURCE OF LEGAL RIGHT TO ENTER - EXHIBIT G MUNICIPALITIES WITHIN TWO MILES - EXHIBIT H P ROOF OF FILING WITH CLERK AND RECORDER - EXHIBIT I 2 3 15 18 18 19 21 22 23 24 25 26 30 31 N OTICE OF APPLICATION FILING FOR MINED LAND RECLAMATION PERMIT - EXHIBIT J 32 TERMS OF GOVERNMENT CONTRACT - EXHIBIT K 34 CDOT CONTRACT PROJECT # FBR-0853-085 35 P ERMANENT MAN MADE STRUCTURES - EXHIBIT L 46 GEOTECHNICAL STABILITY EXHIBIT 47 S TRUCTURE AGREEMENT LETTER EXAMPLE 48 MAILING RECEIPTS 49 APPENDIX P OSTED NOTICE CERTIFICATION OWNERS OF RECORD OF AFFECTED LAND - SURFACE AREA CERTIFICATE OF SECRETARY 50 51 52 LEGAL DESCRIPTION EXHIBIT A Portions of the SW1ASW1 and NW1/SW1/, Section 21, Township 9 North, Range 67 West, of the 6th P.M., Weld County, Colorado, containing 19.0 acres more or less. 1 29 Declination MN8°42'E Name: NUNN (CO) Date: 04/04/13 Scale: 1 inch = 2,000 ft. Copyrgh4(0)2008.MI/ opo EN ANCE 040° 43' 39.70" N 104° 47' 28 50" W • 42"....m M .1 I",4, . • R LOCATION: Part of the SW1/4SW1/4 /4SW 1 /4 of Section 21, T -09-N, R -66-W, 6th P.M., WELD, COUNTY, COLORADO • ; • Copvn' ht !C'i 2008 MVTopa American Civil Constructors, Inc. Exhibit A-1 - Location map Nietfeld Borrow - West 111 Special Permit 2 SITE DESCRIPTION EXHIBIT B SOILS INFORMATION The following soils and vegetation information was obtained from site observations and the basic soils and vegetation infor- mation obtained from the Web Soil Survey. The pages from this web site show the general soils properties and vegetation capa- bilities for the site. The soil on the site is shown on the Soils Map, reproduced on page 15 following this text. This map or report does not address the old mine area where little soil remains. There are 3 types of soil found on the site, a (1) Altvan fine sandy loam, 0 to 6% slopes, (5) Ascalon fine sandy loam, 6 to 9% slopes and (54) Planter loam, 0 to 3% slopes. The descrip- tions for these soils are found in the soils information on page 5 from the NRCS soil survey site for Weld County. The old mine covers approximately 56% of the site with the remaining areas having soil as described in the published data. The old mine area currently has a grove of scrub cottonwood trees, weeds, grasses and trash covering the surface and in some place reaches bedrock. We surmise that this old mine site was used some time prior to 1976 as a borrow area for construction materials on the existing railroad overpass just northwest of the site. The mined area has a grove of voluntary cottonwoods and local residents have used the area as a dumping ground for various types of trash. The entire site, outside the old mine has a fairly healthy grass cover. On the unmined areas there is a 0 to 6 inch layer of sandy loam that will be salvage for use as topsoil. Underlying this top cover is a layer of sandy clay loam that will be mined for use of the CDOT project as fill. ON SITE VEGETATION INFORMATION 1. Current vegetation cover percent is: 0 to <40% 2. Topsoil depth on site averages: 0 to 6 inches The site is located north of Nunn, Colorado along the east side of HWY 85. The old mine area covers approximately 10.6 acres of the 19.0 acres we are permitting. We are incorporating 3 SITE DESCRIPTION (cont) Exhibit B portions of the old mined area in this permit but will only reclaim the areas redisturbed during our mining operation. CDOT uses a small area on the southern perimeter of the mine as a stockpile area for road repair materials. Part of this area is outside the mine limits and we do not plan to redisturb the area. It is a dryland site with no special or unique characteris- tics. In the previously mined areas there is a sparse covering of trees, weeds and a few grasses. Average annual production is estimated at 400-1700 #/acres depending on whether in the old mine area or on undisturbed areas. According to the NRCS report the species of vegetation found on the soils listed for parts of this site are weeds, cottonwood trees, Side -oats grama, Western wheatgrass, needleandthread, Prairie sandreed, and Green needlegrass. The grass species listed makeup 90 to 95%, by weight, of the grasses found on the site. The Soils Map is approximately 10 years old and shows that some of the 19.0 acres in our permit area was an old mine. 4 USDA United States an Department of Agriculture 4 MRCS Natural Resources Conservation Service A product of the National Cooperative Soil Survey, a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local participants Custom Soil Resource Report for Weld County, Colorado, Northern Part March 15, 2013 Custom Soil Resource Report Weld County, Colorado, Northern Part 1—Altvan fine sandy loam, 0 to 6 percent slopes Map Unit Setting Elevation: 3,500 to 5,500 feet Mean annual precipitation: 14 to 16 inches Mean annual air temperature: 46 to 48 degrees F Frost -free period: 130 to 150 days Map Unit Composition Altvan and similar soils: 85 percent Minor components: 15 percent Description of Altvan Setting Landform: Plains Down -slope shape: Linear Across -slope shape: Linear Parent material: Calcareous gravelly alluvium Properties and qualities Slope: 0 to 6 percent Depth to restrictive feature: 20 to 40 inches to strongly contrasting textural stratification Drainage class: Well drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.20 to 2.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 15 percent Available water capacity: Low (about 4.6 inches) Interpretive groups Farmland classification: Farmland of statewide importance Land capability classification (irrigated): 3e Land capability (nonirrigated): 4e Hydrologic Soil Group: B Ecological site: Loamy Plains (R067BY002CO) Typical profile 0 to 6 inches: Fine sandy loam 6 to 22 inches: Sandy clay loam 22 to 27 inches: Sandy clay loam 27 to 60 inches: Gravelly coarse sand Minor Components Ascalon Percent of map unit: 5 percent Cascajo Percent of map unit: 5 percent 10 6 Custom Soil Resource Report Peetz Percent of map unit: 5 percent 5 Ascalon fine sandy loam, 6 to 9 percent slopes Map Unit Setting Elevation: 4,500 to 6,500 feet Mean annual precipitation: 13 to 17 inches Mean annual air temperature: 46 to 57 degrees F Frost -free period: 130 to 160 days Map Unit Composition Ascalon and similar soils: 85 percent Minor components: 15 percent Description of Ascalon Setting Landform: Plains Down -slope shape: Linear Across -slope shape: Linear Parent material: Calcareous loamy alluvium Properties and qualities Slope: 6 to 9 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.60 to 2.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content 10 percent Maximum salinity: Nonsaline (0.0 to 2.0 mmhos/cm) Available water capacity: Moderate (about 6.8 inches) Interpretive groups Farmland classification: Not prime farmland Land capability classification (irrigated): 4e Land capability (nonirrigated): 4e Hydrologic Soil Group: B Ecological site: Loamy Plains (R067BY002CO) Typical profile 0 to 6 inches: Fine sandy loam 6 to 21 inches: Sandy clay loam 21 to 60 inches: Sandy loam Custom Soil Resource Report Minor Components Altvan Percent of map unit: Peetz Percent of map unit Cascajo Percent of map unit Aquic haplustolls Percent of map unit Landform: Swales 7 percent 4 percent 3 percent 1 percent 54—Platner loam, 0 to 3 percent slopes Map Unit Setting Elevation: 4,500 to 5,900 feet Mean annual precipitation: 17 to 19 inches Mean annual air temperature: 46 to 52 degrees F Frost -free period: 140 to 165 days Map Unit Composition Platner and similar soils: 80 percent Minor components: 20 percent Description of Platner Setting Landform: Stream terraces, plains Down -slope shape: Linear Across -slope shape: Linear Parent material: Calcareous loamy alluvium Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Capacity of the most limiting layer to transmit water (Ksat): Moderately low to moderately high (0.06 to 0.20 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate. maximum content 10 percent Maximum salinity: Nonsaline (0.0 to 2.0 mmhos/cm) Available water capacity: Moderate (about 8.9 inches) Interpretive groups Farmland classification: Prime farmland if irrigated Land capability classification (irrigated): 2e Custom Soil Resource Report Land capability (nonirrigated): 3e Hydrologic Soil Group: C Ecological site: Loamy Plains (R067BY002CO) Typical profile 0 to 4 inches: Loam 4 to 24 inches: Clay 24 to 60 inches: Sandy loam Minor Components Ascalon Percent of map unit: 8 percent Manzanola Percent of map unit: 6 percent Nunn Percent of map unit: 6 percent Custom Soil Resource Report Chemical Soil Properties- Weld County, Colorado, Northern Part Sodium adsorption ratio o o O O O O O O O O Salinity to/SP O O O O O O O N• O O O O O N 0 d E N a a U a o a o a o O o a o O C) C 71 v o COi U CO C) Pct O O CO r OI r r O 0 O O O O O I '- C O U U4 C) 'O- V) Hd co N (0 (D CO N: (0 (D N' CO tt I: CO C I: CO R Cfl (D CO ti (0 (D O O Q) 1: CO N- (O (D CO N- r (D O O) th t: Effective cation - exchange capacity meq/1 00g I I I I I I I I I I Cation - exchange capacity O) O O cr (a) E r O r N O r ON a r O L a O to r O 4 up N O U') O N O ui CO in r 20-45 O N O U) Depth u/ O N N (.0 N- N N N 27-60 (9 O r N CO O (O r N 'T O 4-24 a (D 4 N Map symbol and soil name 1—Altvan fine sandy loam, 0 to 6 percent slopes Altvan 5 —Ascalon fine sandy loam, 6 to 9 percent slopes C O Co U Un Q 54 Platner loam, 0 to 3 percent slopes L C) C O d Custom Soil Resource Report a) U) Cn O Q L a) toe a) 9^x W a) co 9--� C U) EL) Q a) a) 44 a) O C a) Cn ^Ll W L a) .--i (t3 E U) a) O a) ^L1 a) (v +� (v a) r� ('3 U) a) tics "O U_ C T L C a) C ('3 O a) U C a) U) Q textures follow the dash. Engineering Properties— Weld County, Colorado, Northern Part Plasticity index a 6 in U) a U1) Z In Z (N0 r Z Percentage passing sieve number— Liquid Pct 0 N to Ch N a N I Lr) Ni O ict N O N In O «) CCS co in U) Ci7 CO 0 r O 0 cn l!t7 N in CO O in CO 6 N LU co O N.- 0C O r O op O O 0 u-)) LI) in a O N- 0 O O CO Ln Q) 6 t. -- a �- O r 0 r O r U) U� in O r O Q) O r O 0) O r 0) it O O O O O O O CO O O r Li) O O r rn O O r rn Fragments O 4)4. r _c et, U c U O O O in r O O co O A 0 U O O co 0 O O O O Classification AASHTO Q Q Q V QI r CI I' Q N C co C N I Q 13 D U 0g U U) co U_iUU _ 2 U) U) U a O (g�� Lj U) U 2 U) d co a co co g co O co J U 2 co USDA texture *Fine sandy loam *Sandy clay loam, Clay loam *Sandy clay loam *Gravelly coarse sand, Gravelly sand *Fine sandy loam *Sandy clay loam, Sandy loam *Sandy loam, Fine sandy loam, loamy fine sand Depth c 0 N CV CD N- N N N a CD N 0 r CV CO a CD r N Map unit symbol and soil name 1—Altvan fine sandy loam, 0 to 6 percent slopes c co .2 Q 5 —Ascalon fine sandy loam, 6 to 9 percent slopes C o To C) U, Q Custom Soil Resource Report Engineering Properties- Weld County, Colorado, Northern Part Plasticity index O r O • ON LU Z Percentage passing sieve number— Liquid a o Ls!) N o O in O N 0 O N 0 N- O LC) in Q) O CD O CO O CO) a ix,O a) O N- r O a) o 6 in a O r 6 N- O r to CO inr a) 0 CO n 0 O r O 0 O r O a) 0 O r 6a) N Fragments a CD r L M U C U CL O O O U, O 0 A U C - U CL O O O Classification AASHTO rt Q N- Q N Q et CO Q Q 4) F- C CL -ML CH, CL 0 J V) U J USDA texture *Loam *Clay, Clay loam *Sandy loam, Gravelly sandy loam, sandy clay loam a cu ca 0 v N co 4 N Map unit symbol and soil name 54—Platner loam, C) to 3 percent slopes 4) C (D a 12 Custom Soil Resource Report Physical Soil Properties —Weld County, Colorado, Northern Part Wind erodibility index CO CO CO Co CO U) Wind erodibility group CO CO U) Erosion factors H 't U) CO Y N N O .10 N NN CO N NN 4 4 NNNO O O to 4 N O N N CO 4 N O N CO N a '- cts t fL O"` E V CL O N O r O r to O O r O U) ON O O O O r O N O U) 0 O O O 4 O Ni O N to O U) 0 O O Linear extensibility Pct a) Ni O O O) Ni O O Q) Ni O O Q) Ni O O O) Ni O O a) Ni 6 O a) Ni O O A) Ni O O Q) o0 O CD a) Ni O O Available water capacity c C upr Q CO r O rN Si 4 r O r Q 4t r O O O N O O r I. r r O r C; CO r O CO I CO O O co ql CD r O N Q CO r O CO 9; O) O O Saturated hydraulic conductivity micro m/sec e) O N o O Nic r r r r r r r r r r I I I O r r c, t r 14.11-42.33 4.23-14.11 14.11-42.33 r r r r •I CO N r '1:Tzi- r I N -' O co M N r r .4 r Moist bulk density g/cc CO r I co. r 1.25-1.40 On. � r I up N r COD r I up "t r O � r 1 o co. r in r I up co. r O r 1 up 'cf. r r I cp C r 1.35-1.45 O r I o V r 03^^I U Pct O N WT `r) 20-28- 35 20-25- 30 U) M o U) r O U) 18-27- 35 N rob cis A 15-18- 20 35-43- 50 U) N T o in Pct o) r I R. r I CO r I N. I N- N I co r I I N- N o 't 6 N us r I .a C Co w Pct A CO IIII U LO N- U) .1 O4 I I (L I U3) I M 4 I 00 N I N- CO I t a O C cc' O N N CO N- N NR NN O CD CO• O r •N CO O CO N 1- O 4-24 O co 4 N Map symbol and soil name 1—Altvan fine sandy loam, 0 to 6 percent slopes Altvan 5 —Ascalon fine sandy loam, 6 to 9 percent slopes C O (0 U u) Q 54 Platner loam, 0 to 3 percent slopes Cll C To - d Custom Soil Resource Report Rangeland Productivity and Plant Composition- Weld County, Colorado, Northern Part Rangeland composition Pct N 0 LID 0 U) CO 0 M r U) Total dry -weight production Characteristic vegetation Needleandthread Western wheatgrass Prairie sandreed Western wheatgrass Needleandthread Sideoats grama Western wheatgrass Green needlegrass Needleandthread CL) E L O t9 d cc > 4- C D U O 0 O U) N- 0 0 CO Normal year U ct -Q J O O O O 0 N O 0 N Favorable year co -4 O O co r o O I•-• r O 0 I--- r Ecological site Loamy Plains Loamy Plains Loamy Plains Map unit symbol and soil name 1—Altvan fine sandy loam, 0 to 6 percent slopes C CU Q 5 —Ascalon fine sandy loam, 6 to 9 percent slopes C O (D N Q 54—Platner loam, 0 to 3 percent slopes N C N E. 104° 47' 38" 517400 40°4358' 40° 43 27' v 517400 517500 517500 517600 517600 Custom Soil Resource Report Soil Map 517700 517700 517800 517800 517900 517900 518000 518000 G v 0 518100 40° 43 58" 40` 43 27" 518100 Co iet v 0 A Map Scale: 1:4,530 if prnted on As¢e (8.5" x 11") sheet 0 40 80 0 150 300 Meters 160 240 600 Feet 900 104° 47' 8" 15 Custom Soil Resource Report Z 0 p Q 5 0 LL a_ Q 2 MAP LEGEND 1:4,530 if printed on A size (8.5" x 11") sheet. k m / 2 Very Stony Spot � Area of Interest (AOI) The soil surveys that comprise your AOI were mapped at 1:24,000. a / \ / 3 + 44 Area of Interest (AOI) (0 O Warning: Soil Map may not be valid at this scale. a) S a E 0 §±\ c > § X22 'CI k al o /2% E%% ±cm$ & _ ]/ 6 t0c 2/— >'D 2 / 1O /y 4-6 c E g E /aI- I- C 7 § % 0 ewE = E 2 •— E / -o a) \ a) E co \ 0 % § > co f / / 0 m Soil Map Units Special Line Features Short Steep Slope / 3 I Political Features / E 1 -ti .E > 3 k .co k / me - X5,2 Cl) cL9 _ Co Uoz r §k) a) c \fk o ) ciN m 2 7 f w .. D o (t) .P. _ 2 E k a\ o c / Cl) >' _2 / _ / 2 � 2 c a(1) co ® a co n 3-a kg f E w k / PLSS Section 0 ❑ ❑ Closed Depression - Water Features U, C 3 Streams and Transportation Marsh or swamp H) 0 CO CO k / U DC 2 c m / E o / / 22 a) k0) 0 0 cn 13 .$ 0 &\ / o w 6 \ a Mine or Quarry Interstate Highways Miscellaneous Water / E k 0 z c0 03o d2 �« j O .0 - 0 /� $ cc I _ Perennial Water + Major Roads Rock Outcrop 0 27.3 Date(s) aerial images were photographed: Local Roads E Q 0 k a 2 c / . y Q $fo _c :co / '- ® a) o / « 03aa> a) E t � / w 2 .% ,...#1° § „Doc 0-0 / 2 a 4-0 //C kaf/ / E / E o m G k ) k / \ - >, ± f \ k / a 7 I I > + \. $ w :% # m Custom Soil Resource Report Map Unit Legend Weld County, Colorado, Northern Part (CO617) Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 1 Altvan fine sandy loam, 0 to 6 percent slopes 5.7 25.9% 5 Ascalon fine sandy loam, 6 to 9 percent slopes 10.9 49.9% 54 Platner loam, 0 to 3 percent slopes 5.3 24.3% Totals for Area of Interest 21.8 100.0% 8 17 SITE DESCRIPTION (cont) Exhibit B PERMANENT MAN-MADE STRUCTURES The man-made structures within 200 feet of the affected lands are State Highway 85, a 3 strand wire fence along the highway and the railroad tracks along the east side of the property. Only HWY 85 and the western fence will be within 200 feet of the area to be mined. There are no bridges, wells, water storage impoundments, or cemeteries within 200 feet of the affected lands. CDOT owns the western fence and the construction contract we have with them covers damage to the fence. A mining setback of 15 feet will be maintained around the site. The sides of the old mine area appear to have a 2h to lv, or greater slope. There is no plan to disturb these slopes only extend them north and south as material is mined. At their highest point they are approximately 15 feet high. We will continue to work on the north and south sides of the open hole until the project material volume has been reached. In the area where the slope is created during mining it will be graded to 2h to lv when reclamation is done since they are more then 5 feet above water. The bottom of the mine will be above the ground water surface in this area. WATER RESOURCES This is tures on the feet east of well records a dry mining operation. There are no water struc- site. The Lone Tree Creek is approximately 7600 and 20 feet lower than the mine. Review or water for the vicinity of the mine indicate that the water table is approximately 30 feet below the ground surface. Ground water will not be encountered on this site because its floor elevation will be 10 to 15 feet lower than the existing ground elevation. We will not affect the hydrologic balance of surface or subsurface water in the area. The water used at this site is purchased from a source approved for use on the permit area. 18 MINING PLAN EXHIBIT C MINING PLAN EXHIBIT C 6.3.3 - This is an open pit mine located 1.25 miles north of Nunn, Colorado, on State Highway 85. We anticipate the life of this mine to be for the length of the contract, working 180+ days. The contract was signed March 5, 2013 and stripping from this borrow area is scheduled to begin in early April 2013 and possibly ending as late as December 15, 2013. The primary material to be removed from the site is a sandy clay loam or sandy gravel that underlies the topsoil and is suitable for use as borrow. The material will be used to supply fill material for a overpass reconstruction project on HWY 85 just north of the mine. No secondary material to be mined nor are there any incidental products that will be used. There will be no blasting at this mine. The site is currently used by the landowners as rangeland. Of the 19.0 acre ± in the permit area, approximately 16.51 acre ± will be used as mining or load out area and 0.59 acres will be access roads. The remaining 1.9 acres is contained in setback area. Some of this area is part of the old mine (10.6 ac.±) that may not be redisturbed unless it contains material suitable for the project. The material is a sandy gravel deposit usable for filling on the CDOT project area. Previous mining has created a hole in the deposit with steep sloped faces on the east and west sides with the exception of where the access road enters the mined area. Mining will begin on the north end and work to the south until the project needs are met. Mining will begin by first clearing the land and stripping topsoil from the area to be mined. The approximate locations of the topsoil piles are shown on Map Exhibit El. The site will be mined in the direction shown on the mining plan map. The existing road from HWY 85 will be improved and maintained during extraction. Per our agreement with the land- owner, the existing access road will be graded, and left when 19 MINING PLAN EXHIBIT C mining ends. This road will be approximately 30 feet wide and 2550 feet long. We will extend the existing floor into the newly mined areas. Where mining ends the slopes created during mining will be graded 2h to lv to stabilize them. Resoiling and revegetation will then be done. We will remove approximately 80,000 yards of pit -run material from the mine extending the hole created by past mining. When mining is complete, we expect to leave the site as it now exists, with the exception that in the area where we removed the material, the side slopes will be graded 2:1 or less. The floor of disturbed area will be graded so it blends with the existing floor leaving a fairly level area. Mining will be done by using motor scrapers and dozers to remove the material and haul it to the project area via an internal CDOT project haul route. The RECLAMATION MAP - E-2 shows how we believe the site will look when mining ends. All soil suitable for revegetation will be salvaged and protected for use during reclamation. We expect to replace from 4 to 6 inches averaging 5 inches of growth medium on the dis- turbed areas. On -site equipment may include, but is not limited to, a motor grader, front-end loaders, motor scrapers, a dozer, dump trucks and a water truck. Some processing may take place on the site. If this is done, a portable screen plant will be used to screen the material to meet the specifications required in the CDOT contract. The exact location where the screen plant will be located is unknown at this time. No chemical except fuel will be used at the processing plant. We have shown a plant site area on the Map Exhibit El - Pre -Mining Map that may change once the site layout planning begins. 20 RECLAMATION PLAN EXHIBIT D 6.3.4 - Final grading will be such that the topography is appropriate to the reclaimed use of the property, i.e., as rangeland. Any slopes created will be graded 2h to lv more or less. This sloping rate is consistent with the rate now found on slopes within the old mine area. They are stable and capable of sustaining vegetation. The floor of the mine will have a gentle slope from north to south, so the existing drainage patterns across the site are maintained. Once mining is complete, the area will be shaped, graded and resoiled. Topsoil will be respread on the disturbed areas at a rate of 4 to 6 inches deep, averaging 5 inches. When this is done, the area will be seeded and mulched. Seeding will occur between October 15th and June 1st. The seed will be drilled to insure maximum germination and most rapid cover establishment. The seeding mix and species of grasses for the area are shown below. This is a seed mixture which was prepared by the Colorado Department of Transportation (CDOT) for use on the adjacent highway project. We also expect to see a natural invasion of forbs and other grass species from the surrounding areas. Only inaccessible areas (if any) will be broadcast seeded. If the seed is broadcast, the seed rates will be doubled. When seeding ends weed free straw mulch will be broadcast spread at a rate of 4000 lbs per acre and crimped using a disk to keep the straw in place. The landowner will be asked to keep live stock and unautho- rized persons off the site during the first two years to insure the seed takes and if necessary the seeded area will be fenced. After the second growing season the site will be inspected and an assessment of revegetation success will be done to determine if additional seeding will be necessary. If the analysis shows additional work is needed it will be done that fall. Weed control will be implemented prior to and during revegetation activities. This does not mean we will attempt to kill all weeds, since some provide a natural ground cover and shade for emerging grass. We will concentrate on controlling the noxious weeds on the reclaimed area, following normal NRCS recommendations if a problem occurs. PROPOSED SEED MIX SPECIES # PLS/ AC Blue grama Side -oats grama Little blue stem Prairie june grass Green needle grass Western wheatgrass Switch Grass Oats Prairie coneflower Purple Prairie clover Blanket flower Total 1.0 2.8 1.5 0.1 3.0 6.5 1.5 3.0 0.1 0.3 0.3 20.1 21 RECLAMATION COST ESTIMATE According to Rule 4.2.4(1) the bond must be at least $2,500.00 per acres or fraction there of. For the 19.0 acres in this permit it will be $47,500. The following Reclamation Cost Estimate is based on the assumption that there will be no more that 16.51 acre ± disturbed at any one time. It also assumes, that when it comes time to resoil the area, an average of five inches of soil would be spread over the disturbed area. At that time we will have to respread 13,320 cubic yards of topsoil and shape 1300 linear feet of slope cut/fill grading. No sloping will be necessary because slopes will be created as they are mined. The time when it would be most expensive to reclaim the site is when resoiling and seeding is needed. The table below outlines the various sizes of disturbed areas as explained above. The areas needing work in this analysis are shown on the Reclama- tionMap-MapExhibitE-2. -Map Exhibit E-2. A dozer will be used to complete the sloping, a Cat 627E will be used for resoiling and a motor grader will be used to shape the site after resoiling is complete. STAGE TOTAL SOIL DEPTH NEEDING RES0ILING 16.51 AC 5" REVEGETATION AREA 16.51 AC CUT/FILL SLOPING 1 300 LFT SECONDARY REVEGETATION RATE 33% RESOIL @ 5" 13,320 CUBIC YARDS WEED FREE STRAW MULCH 4000 LBS/AC ESTIMATED UNIT COSTS FOR RECLAMATION ITEMS: Unit Cost 1 Grading, and shaping area 144-G motor grader 2.11 ac/ hr $ 59.54/ac. 2 Re -spreading soil and/or growth media with 627E motor scraper haul distance 900 ft or less $ 0.404/YD3 3 Cut/fill sloping with D8N Cat Dozer push distance 50 ft or less $ 0.6 3 7 /YD3 4 Revegetation costs includes grass seed, mulch and labor $500.00/ac RECLAMATION COSTS 1. Grading, and shaping 16.51 ac. @ $59.54/ac. $ 982.94 2. Resoiling, 13,320 yd3@ 40.4/yd3 5,999.51 3. Cut/fill grading 1300 lft x 1.56 yd/lf * 63.7/yd31,292.71 4. Revegetation cost 16.51 ac. @ $500.00/ac. 8,255.00 5. Secondary revegetation cost 5.50 ac. $500.00/ac. 2,724.15 Net Total $19,254.31 6 Indirect costs Mobilization 13 mile haul from Wellington Insurance, Bond, & Profit 7 Administration costs TOTAL ESTIMATE SUGGEST BOND BE SET AT $47,500.00 3,175.50 2,411.60 962.71 $25,804.12 22 AMERICAN CIVIL CONSTRUCTORS, INC. PRE-MINIG MAP - EXHIBIT E-1 NEITFELD BORROW - WEST / `\ \i © • 4U re 2g5 Vegetation Western wheatgrass Green needlegrass Needleandthread Sideoats grams Prairie sandreed Cottonwood trees Juts. PREPARED BY: ENVIRONMENT, INC. 7985 VANCE DR., # 205A ARVADA, CO 80003 (303) 423-7297 OWNERSHIP WITHIN 200 FEET AND AFFECTED LANDS ST NOCO Acquitions LLC 1109 W. Harmony RD. Fort Collins Co 80526 State of Colorado Department of Trarsportation 4201 E Arkansas Ave Denver Co 80222 STRUCTURES WITHIN 200' Janet Lee S. Karl Louis Kerzic 57 E Woodland Cir Highlands Ranch Co 80126 Clayton C, 6 Lila o Nretfeld, Trust P O Box 186 Nunn Co 80648 Union Pacific Railroad Attention: Right of Way 14O0 Douglas Street Omaha, NB 68179 CDOT - Highway 85'. 3 strand barbed wire fence Union Pacific Railroad - railroad tracks' Notes: 1) Old mine area may not be redisturbed 2) CDOT uses area on south as material storage area. 3) Mining setbacks will be 15 feet from permit line. 4) If processing is done a portable screen plant will be used. No chemical except fuel would be used at the plant. LEGEND In I — — — ■ PERMIT LINE/AFFECTED LANDS 200 FOOT LINE ROADS - GRAVEL M M M FENCE RAILROAD TRACKS AREA TO BE MINED OLD MINE 3 SCATTERED TREES TEMPORARY TOPSOIL PILES DIRECTION OF MINING S DATE: APR 03, 2013 - 15:04:58 0 150 300 600 SCALE 1"=300' CONTOUR INTERVAL: 5 FEET PUT OP TFE 5iI/ 45W/4, %CTEN 21. TDhN5Hl° 9 V021}1. P.PN% 66 WEST. 61H P.Y. 'I% �9 Cowry. CaORK0 AMERICAN CIVIL CONSTRUCTORS, INC. RECLAMATION PLAN MAP - EXHIBIT E-2 NEITFELD BORROW - WEST _tees_ PREPARED By: ENVIRONMENT, INC. 7985 VANCE DR.. # 205A ARVADA, CO 80003 (303) 423-7297 OWNERSHIP WITHIN 200 FEET AND AFFECTED LANDS 1 ) ST NOCO Acquitions LLC 1109 W. Harmony RD. Fort Collins Co 80526 ) State of Colorado Department of Transportation 4201 E Arkansas Ave Denver Co 80222 © Janet Lee 6 Karl Louis Kcrzic 57 E Woodland Cir Highlands Ranch Co 80126 Clayton C. 6 Lila a Nietfcld. Trust PO Box 186 Nunn Co 80648 Union Pacific Railroad Attention. Right of Way 1400 Douglas Street Omaha. NB 68179 STRUCTURES WITHIN 200' CDOT - Highway 85'. 3 strand barbed wire fence Union Pacific Railroad - railroad tracks" Notes: 1) All mined slopes will be graded 2h to lv. 2) Slopes into the Old Mine area will not be graded unless disturbed by mining. 3) Only areas disturbed by current mining will re reclaimed. 4) Topsoil will be respread on the disturbed areas at a rate of 4 to 6 inches deep, averaging 5 inches. LEGEND IN 1 — - N ■ PERMIT LINE/AFFECTED LANDS 200 FOOT UNE ROADS — GRAVEL " H 14 FENCE I I I I I I I I II t II I t l l l l RAILROAD TRACKS RECLAIMED AREA OLD MINE S DATE: APR 03, 2013 — 17: 05: 51 0 150 300 600 SCALE 1"=300' CONTOUR INTERVAL: 5 FEET Pt Gf 11E Slkl / 4i5W/ d, SC1VN 21. fO'AN9IF 9 N0g111. RANG 66 .%tS1. 6111 P.M.. MW cam. CO.0RPc° OTHER PERMITS AND LICENSES REQUIRED EXHIBIT F 1 An Air Pollution permit will be obtained if needed. 2 A County Conditional Use permit is not necessary for ill Special permits in Weld County. 3 This is an open pit dry mining operation and ground water will not be exposed so a well permit and temporary supply plan is unnecessary. 4 A dredge fill permit (404) is not required because there are no waters of the U.S. on this site. 5 A Storm Water Management Plan (SWMP) will be prepared for this pit if there is a potential for surface water leaving the site. 6 A NPDES permit to cover stormwater runoff and dewatering is not required, all stormwater will soak into the ground before it can leave the site. 25 SOURCE OF LEGAL RIGHT TO ENTER EXHIBIT G LEASE AGREEMENT fk THIS LEASE AGREEMENT is made this made and entered into this =day of Ill zrcll4 tot,.,_ by and among A,wvcu. C if ( Co t a -v (4 b rS` /#/c whose address is 4%i uJc.t1 wµc n- Li (he {bA, Co tcpn , hereinafter collectively called LESSOR, and OyI- n Pilate() trust- whose address is 1001/3 4/4 30/ , hereinafter called LESSEE. S ee le ie ) co p,063( THE NIT • TERM OF THIS L E shall be for a period. of 8 months commencing on f lei and ending (1 r Zoc . After the original term of this lease as set forth above, this lease shall renew itself from month to month unless either party notifies the other in writing on or before the j i1ay in the month prior to which expiration of this lease is desired. WITNESSETH: That the LESSOR has this day leased to the LESSEE a portion of the following described property, as spepified in a permit issued by the Colorado Mined Land Reclamation Board, situated in fNGL D County, State of Colorado, S/W 'A of Section 21.9.66 as described by attached exhibit A and map TERMS SPECIFIC TO LESSEE (a) LESSEE shall be responsible for periodic reclamation of the mined area located on the subject property as shown in Exhibit A attached, pursuant to the requirements of the permit issued by State of Colorado Mined Land Reclamation Board. LESSEE may not sublease the subject property without the prior written approval of LESSOR. This provision shall not limit the right of ingress and egress necessary for LESSEE or its customers to mine or transport material from the property. LESSEE will pay LESSOR one lump sum amount of This value is based on the embankment required for the project (153,656 cy) less the unclassified excavation produced on the project (21,159 cy) =132,497 cy times a 15% shrink factor equaling a total of 152,372 cy @ $1.00 / cy. LESSEE agrees to make payments to the LESSOR monthly that correspond to CDOT's monthly progress estimate percent complete of the embankment item. The total of all payments will be LESSEE agrees to reimburse the LESSOR for any damage done to the structures owned by LESSOR and listed in the State Reclamation Permit, as a result of the proposed mining operation. TERMS SPECIFIC TO LESSOR: (b) '1;SSOR will-overst a-L-ESSRL'S-reclamation of thepit, uieluding, ffreplat ement and seeding. LESSOR agrees that LESSEE shall have the right of ingress and egress required for the removal of the material anticipated under this Lease. 26 (c) LESSOR or their agent may inspect the property at any time. (d) LESSOR agrees, without farther consideration and in compliance with the request of the LESSEE to cooperate with LESSEE in obtaining and maintaining its permits for the subject property and furthermore, LESSOR agrees not to delay, hinder or in anyway interfere with the excavation operations as long as the LESSEE is not in violation of the terms of this agreement. MISCELLANEOUS: this Lease Agreement may be altered, revised or terminated only upon the written agreement of the parties hereto. IT IS FURTHER EXPRESSLY UNDERSTOOD AND AGREED that this Lease Agreement Shall be binding upon the heirs, executors, administrators and assignees of the respective parties hereto. Dated this day of� 2013 LES SEE: 44 «avt f I 6‘444-14eLs LESSOR: d/icrL dMII f vk cf . By: d/z'-jf&n die 14 a Title itftOtte, Signed: ert By: Jeffrey L. Croll , Vice President LESSEE Notarization LESSOR Notarization STATE OF COLORADO ) STATE OF / ) ss. ) ss. COUNTY OF vat* ) COUNTY OF W — ) The forgoing was subs ribed before me, a Notary Public, this "day of/M , 2013. Notary Pu My commission ex uses: 2-43/20-07 The forgoing was subscribed before me, a Notary Public, this' 'day of Mot , 2013. Notary Pub tr,re My commission expires: t/( s7>i) 07 f' I Scott M Smith Notary Public State of Colorado 27 02/25/2©13 38:5' 970-355-123E FEDEX CFFICE 0408 PAc E El? Exhibit "A' ;,T,,,; es :The ;am 0 I Range Sixty -sit (66) Welt of the Gth Pm-, And. all that part of the Northwest amillog Quarter Ws) of SecNW2ri 21, Township 9 North, Range 66 West cif the 6th 9,M. ill: li lying betieen the new Locat on ofi state Iiighwsy No. 3 en the Easterly sider and 1 h union Pacifi,o RaUznad prc rty line and the west line of said VA of said. i '9eotian 21, heating act the Westerly side and more particularly described as follows: iiiw� $ !Beginning at a point on the soz:th line of the 4WD of said Section 21, from whence the southwest corner of said NWT Of said section t bears South 890 34' West _ a distance of 299, 2 feet, more or less thence North 180 SA' West, a a. t,anoe of 06 Q t£2S.3 A �y less, to a pc nt 40 feet !astsry from the West line of said t+vZ 4Q4w f more �w Nigh eE said section 21; thence southenly along a lint parallel with and distant 40 t t:c feet Easterly from the Went line of said NN of said section 27., a distance of IIco .957 feet, more or less, to a :point on the Easterly property line of the "ina.Mn 15 1x a.cific Railroad.; thenc saltheaztetly along the EasterWy Property line 4_ ri the Onion Pao 5 f.c l ailo6fd 4 d1s Lance of 1504 Zees, more or less, to the south line oZ said NW's of paid section 2 , thence easterly along the south 15 -he of said NWT 400 Feet, more of Less; to the point of begthning. sa ect to and excepting all mineral, oil and gav reservata,ons and leases and easements of Xe+cord. Southwest. wart' (SW11) of Section Twert tv-ore ( 1 ? , Township Nine (9) North, USDA United States Department of Agriculture ail Farm Service Agency February 22, 2011 Farm: 11168 Tract: 12686 Weld County, CO 1:$,885 LAND D SCRIPTION ; S/W% of 21.9, 66 Disclaimer: Wetland identifiers do not represent the size, shape or specific determination of the area. Clayton C , P�1 e to d Refer to your original determination (CPA -026 and attached maps) for exact wetland boundaries and determinations, or contact NRCS. 1009 13th Avenue # 301 Greeley, Colorado 80631 Ph: 970.352.5685 ¶e11: 970.371.7116 29 MUNICIPALITIES WITHIN TWO MILES EXHIBIT H Town of Nunn P.O. Box 171 185 Lincoln Ave Nunn, CO 80648 (970) 897-2385 30 PROOF OF FILING WITH CLERK AND RECORDER EXHIBIT I March 27, 2013 Weld County Clerk to the Board Board of County Commissioners Office 1150 O Street Greeley, Colorado 80631 Re: Application for a Mined Land Reclamation Permit Dear Sir/Madam: We are delivering to you here with a copy of an application for the Nietfeld Borrow - West, a Special 111 Construction Materials permit, to be operated by American Civil Constructors Holdings, Inc. Two copies of the application are on file with the Division of Reclamation, Mining & Safety (D.R.M.S.). This copy of the application is delivered to you pursuant to 34-32.5-112(9)(a), Colorado Revised Statutes 1995, as amended, which states in part: ....the applicant shall file a copy of such applica- tion for public inspection at the office of the County Clerk and Recorder of the County in which the affected land is located. Please acknowledge receipt of this copy of the permit application by signing in the appropriate space provided below and returning one copy of this letter to the person delivering the book. Please hold the book for pick up after the application has been approved by the MLRB (approx. 80 days). Yours truly, Environment, Inc. Stevan L. O'Brian enclosure RECEIVED THIS DAY OF , 2013 MLRB application packet for above mine. By Weld County Clerk to the Borad 31 PROOF OF MAILING NOTICES OF PERMIT APPLICATION EXHIBIT J NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT SPECIAL 111 PERMIT APPLICATION NOTICE TO COUNTY COMMISSIONERS Weld COUNTY American Civil Constructors Holdings, Inc. (Operator) has applied for a Construction Materials Special 111 Reclamation Permit from the Colorado Mined Land Reclamation Board ("the Board") known as the Nietfeld Borrow - West, to conduct mining operation 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 & Safety (DRMS) ("the Division") and the Weld County Clerk to the Board's office. The applicant proposes to reclaim the land as rangeland. Pursu- ant to C.R.S. 34-32.5-116(7)(j) the Board is required to confer with the local Board of County Commissioners before approving the post -mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the appli- cation within five (5) working days after the applicant was filed with the Division. If you would like to discuss the proposed post -mining land use, or any other issue regarding this application, please contact the Division of Reclamation, Mining & Safety, 1313 Sherman St., Room 215, Denver, CO 80203,(303)866-3567. American Civil Constructors Holdings, Inc. (303) 730-4523 March 2013 32 PROOF OF MAILING NOTICES OF PERMIT APPLICATION EXHIBIT J (cont) NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT SPECIAL 111 PERMIT APPLICATION NOTICE TO THE BOARD OF SUPERVISORS OF THE LOCAL SOIL CONSERVATION DISTRICT West Greeley DISTRICT American Civil Constructors Holdings, Inc. (Operator) has applied for a Construction Materials Special 111 Reclamation Permit from the Colorado Mined Land Reclamation Board ("the Board") known as the Nietfeld Borrow - West, to conduct mining operation 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 & Safety (DRMS) ("the Division") and the Weld County Clerk to the Board's office. The applicant proposes to reclaim the land as rangeland. Pursu- ant to C.R.S. 34-32.5-116(7)(j) the Board is required to confer with the local Board of Supervisors of the local Soil Conserva- tion District before approving the post -mining land use. Accord- ingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the application within five (5) working days after the applicant was filed with the Division. If you would like to discuss the proposed post -mining land use, or any other issue regarding this application, please contact the Division of Reclamation, Mining & Safety, 1313 Sherman St., Room 215, Denver, CO 80203,(303)866-3567. American Civil Constructors Holdings, Inc. (303) 730-4523 March 2013 33 TERMS OF GOVERNMENT CONTRACT EXHIBIT K The following documents contained in this Exhibit are copies of the contract between American Civil Constructors & the Colo- rado Department of Transportation. American Civil Constructors Holdings, Inc. has a contract to provide borrow material for a Colorado Department of Transportation bridge project, Project No FBR 0853-085 (11 pages). The contract was signed on March 5, 2013 and construction is expected to begin on April 1, 2013 and end on December 15, 2013. 34 Copy Colorado Project No. FBR 0853-085 Project Code (SA.##) 18669 Contract Routing No. 13-1-IA4-53789 Contractor American Civil Constructors, Inc. Date 3/5/2013 Colorado Department of Transportation Contract and Bond Denver aisle COVER COOT Form #85A 12/05 35 Agency or Department Name: Department of Transportation Department or Agency Number: HAA Contract Routin Number:/3/4q'/5$7e? CONSTRUCTION PROJECT CONTRACT' THIS CONTRACT, made this D- day of FnGLn.G 20B, by and between the State of Colorado for the use and benefit of the Department of Transportation, hereinafter referred to as "the State" or "the Department", and American Civil Constructors, Inc., hereinafter referred to as "the Contractor". RECITALS 1. Authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient uncommitted balance thereof remains available for encumbering and subsequent payment of this Contract under Encumbrance Number 18669 in Fund Number 538, Funds Center B8800-538, Functional Area 3300, GL Account 4231100011. 2. Required approval, clearance and coordination have been accomplished from and with appropriate agencies. 3. Pursuant to section 24-92-103, CRS, the State issued an Invitation For Bids for a Transportation Construction Project, and the Contractor's bid was selected in accordance with State law as a result of the advertisement for Colorado Project Number FBR 0853-085, 18669. THE PARTIES THEREFORE AGREE AS FOLLOWS: Section 1. Scope of Work The Contractor shall, in a good and workmanlike manner at his own cost and expense, and strictly in accordance with this Contract, furnish all materials and do all work not herein specifically excepted, necessary or incidental to the complete construction of Colorado Project No. FBR 0853-085, consisting of bridge replacement, including embankment, HBP roadway realignement, guardrail, signing, stiping, mulching, and seeding, located on US85 in Weld County in the State of Colorado. The work is described in the plans and specifications for the project. 1 To be executed in triplicate, one copy for CDOT, one for the Contractor and one for the State Controller. 1 36 Section 2. Order of Precedence In the event of conflicts or inconsistencies between this Contract and its exhibits or attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1. The Colorado Special Provisions contained in Section 24 of this Contract 2. Special Provisions for this project a. Project Special Provisions b. Standard Special Provisions 3. TTh.e Plans a. Detailed Plans b. Standard Plans Calculated dimensions will govern over scaled dimensions. 4. Supplemental Specifications 5. Standard Specifications for Road and Bridge Construction ("Standard Specifications") 6. This Contract proper 7. The Contractor's Proposal, Exhibit A 8. The Contract Exhibits and Attachments in descending order Section 3. Performance Period The C ntract shall be effective upon approval by the State Controller, or designee, or 011 3 5 l?} whichever is later ("Effective Date"). The Contract shall terminate upon the da of final payment for the work or final audit of the work, whichever is pertinent to this Contract, unless earlier terminated by the State. The Contractor understands and agrees that any contract work performed or costs incurred prior to the Effective Date shall not be compensated under the terms of this Contract. The parties agree that "time is of the essence" and that work shall begin under this Contract and that all work must be completed as set forth in the project special provisions. Section 4. Price -- Payment Terms The State shall pay the Contractor, according to the requirements of the specifications and subject to the following paragraph, the amounts required for the completed work at the unit prices set forth in the Contractor's Proposal, and such further amounts as may be required for extra work or materials, all according to the provisions and subject to the conditions as set forth in the specifications above referred to. Payment pursuant to this Contract will be made, as described in the specifications, from available funds that are currently encumbered for this Contract in a maximum amount not to exceed $5,111,963.00. The liability of the State for payment sha be limited to such funds. 2 37 Section 5. Payment and Performance Bond This Contract shall not take effect or be in force until the Contractor shall have furnished and delivered to the State a Payment and Performance Bond, attached hereto as Exhibits B and C, acceptable to the State, in a penal sum equal to the nearest integral $100.00 in excess of the Project Commitment Amount duly executed by a corporate surety, qualified and licensed to do business in Colorado and maintaining a general agent therein. The Project Commitment Amount is the total bid per "Schedule" hereto attached plus the estimated amount of force account items designated for bonding in the Project Special Provisions. Section 6. Legal Authority The Contractor warrants that it possesses the legal authority to enter into this Contract and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Contract and to bind the Contractor to its terms. The person(s) executing this Contract on behalf of the Contractor warrant(s) that such person(s) have full authorization to execute this Contract. Section 7. Incorporated Terms and Conditions The Contractor understands and agrees that the Contractor's Proposal, the Plans, the Standard Specifications for Road and Bridge Construction, and any Special Provisions for this Project, all being applicable to the project are each and all incorporated into and made a part of the terms and conditions of this Contract. These documents are on file in the office of the Department of Transportation at Denver, Colorado, together with such alterations and modifications as may be made in accordance with the provisions of said Plans and Specifications. The Contractor further agrees to adhere to the Federal Requirements in Exhibit D attached hereto. Section 8. Records A. MAINTENANCE. The Contractor (and any subcontractor) shall maintain a complete file of all books, records, accounts, and other written or computerized materials which pertain to the accounting and performance of work, the delivery of services, and the compliance with applicable requirements under this Contract, and shall mainta i n such records for a period of three (3) years after the date of termination of the Contract, or for such further period as may be necessary to resolve any matters which may be pending. B. ACCESS. The Contractor (and any subcontractor) shall permit the State, the FHWA, and their designated representatives, during normal business hours, to access all books, records, accounts, and other relevant material concerning the work performed or services provided under this Contract for the purpose of investigation, audit, and copying to ascertain compliance with, or to detect violation of, any applicable Federal 3 38 and/or State law or regulation or with the terms of the Contract, or to evaluate performance under the Contract. All records or information obtained in this manner shall be used only for the purpose described herein, except as otherwise authorized by law. C. SUBCONTRACTS. For the benefit of the State, the Contractor shall include the language of this paragraph in all Subcontracts, in order to require the subcontractor(s) to comply with the record maintenance and access conditions described above. Section 9. Remedies, Termination Provisions, Insurance The Standard Specifications for Road and Bridge Construction, which is incorporated herein by reference, contains provisions for remedies, ternnation and insurance. The Contractor agrees to comply with such provisions. Section 10. Funding The parties expressly recognize and agree that this Contract is subject to and contingent upon the continuing availability of federal and state funds for the purposes hereof. In the event that the Department does not receive such funds or any part thereof, the Department may immediately terminate this Contract without liability, including liability for termination costs. In the event of termination, the Contractor is entitled to payment, in accordance with this Contract, for work completed on the project as of the date of termination. Section 11. Representatives and Notice The State will provide liaison with the Contractor through the State's Resident Engineer for this project. Said Resident Engineer will also be responsible for coordinating the State's activities under this contract. All communication, notices and correspondence shall be addressed to the individuals identified below. Either party may from time to time designate in writing new or substitute representatives. If to the State: Robin Stoneman CDOT Region 4 3939 Riverside Parkway Evans CO 80620 (970) 385-1440 e-mail: Robin Stoneman@state.co.us Section 12. if to the Contractor: Jeff Croll American Civil Constructors, Inc. 4901 S. Windermere St. Littleton, Colorado 80120 303-795-2582 e-mail Assignment and Successors The Contractor agrees not to assign rights or delegate duties under this Contract for subcontract any part of the performance required under the Contract] without the express, written consent of the State [which shall not be unreasonably withheld]. Except as herein 4 39 otherwise provided, this Contract sha"1 inure to the benefit of and be binding only upon the parties hereto and their respective successors and assigns. Section 13. Changes - Indefinite Quantity Contract - Funding Letter This is an indefinite quantity contract for the services specified herein. The number of units required to complete the work services may vary. The parties have estimated the quantity and cost of such services, but such estimates are estimates only. A. Funds are available and encumbered in the amount of the estimate. The Contractor shall not perform Work that creates a financial obligation of the State exceeding the amount of available funds specified herein. The Contractor shall notify the representative in writing, using a form substantially equivalent to the sample Notification of Commitments Within 10% of Original Project Amount attached as Exhibit E, when State commitments, paid and unpaid, are within 10% of the amount of funds available. The State is not liable beyond the amount of funds specified as available in this paragraph. B. The state may allocate more or less funds available on this contract using a Funding Letter substantially equivalent to Exhibit F and bearing the approval of the State Controller or his designee. The Funding Letter shall not be deemed valid until the State Controller or his designee shall have approved it Section 14. Contract Modification Bilateral changes within the general scope of the contract may be executed using the contract modification order process described in this paragraph and in the Standard Specifications using a form substantially equivalent to the sample contract modification order attached as Exhibit (3 for any of the reasons listed in the Standard Specifications. Section 15. Governmental Immunity Notwithstanding any other provision of this Contract to the contrary, no term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, Section 24-10-101, a seq., CRS, as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of Section 24-10-101, et. seq., CRS, as now or hereafter amended and the risk management statutes, Section 24-30-1501, et. seq., CRS, as now or hereafter amended. Section 16. Severability To the extent that this Contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the Contract, the terms of this Contract are severable, and should any term or provision hereof be declared invaid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. 5 40 Section 17. Waiver The waiver of any breach of a term, provision, or requirement of this Contract shall not be construed or deemed as waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision, or requirement. Section 18. Entire Understanding This Contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in writing executed and approved pursuant to the State Fiscal Rules. Section 19. Survival of Certain Contract Terms Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this Contract and the exhibits and attachments hereto which may require continued performance, compliance, or effect beyond the termination date of the Contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Contractor. Section 20. Modification and Amendment This Contract is subject to such modifications as may be required by changes in Federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this Contract on the effective date of such change as if fully set forth herein. Except as provided above, or except as may otherwise be authorized by terms of this Contract, no modification of this Contract shall be effective un.ess agreed to in writing by both parties in an amendment to this Contract that is properly executed and approved in accordance with applicable law. Section 21. CDOT Special Provision Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. 6 41 Section 22, Statewide Contract Management System If the maximum amount payable to Contractor under this Contract is $100,000 or greater, either on the Effective Date or at anytime thereafter, this §22 applies. Contractor agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102- 206, §24-103-601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information in a statewide contract management system. Contractor's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Contract, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation and Review of Contractor's performance shall be part of the normal contract administration process and Contractor's performance will be systematically recorded in the statewide Contract Management System. Areas of Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Contractor's obligations under this Contract shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Contractor's obligations. Such performance information shall be entered into the statewide Contract Management System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the Contract term. Contractor shall be notified following each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance Evaluation and Review determine that Contractor demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Colorado Department of Transportation, and showing of good cause, may debar Contractor and prohibit Contractor from bidding on future contracts. Contractor may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS § §24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Contractor, by the Executive Director, upon showing of good cause, Section 23. CORA Disclosure To the extent not prohibited by federal law, this Contract and the performance measures and standards under CRS §24-103.5-101, if any, are subject to public release through the Colorado Open Records Act, CRS §24-72-101, et seq. 7 42 SECTION 24 SPECIAL PROVISIONS These Special Provisions apply to all contracts except where noted in italics. 1. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This contract shall not be valid until it has been approved by the Colorado State Controller or designee. 2. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et seq., as applicable now or hereafter amended. 4. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this contract. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents. 5. COMPLIANCE WITH LAW.. Contractor shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. 6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this contract Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this contract, to the extent capable of execution. 7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference shall be null and void. 8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order I) 002 00. State or other public funds payable under this contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or under this contract, including, without limitation, immediate termination ofthis contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. 9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50-507. The signatories aver that to their knowledge, •no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract. Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor's services and Contractor shall not employ any person having such known interests. 10. VENDOR OFFSET. CRS §§24-30-2O2 (1) and 24-30-202.4. [Not Applicable to intergovernmental agreements] Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action. 11. PUBLIC CONTRACTS FOR SERVICES. CRS §S-17.5-101. [Not Applicable to agreements relating to the offer, j`er, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this contract, through participation in the E -Verify Program or the Department program established pursuant to CRS §8-17.5-102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contact, Contractor (a) shall not use 1, -Verify Program or Department program procedures to undertake pre -employment screening of job applicants while this contract is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this contract, (e) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to the contracting State agency, Institution of. Higher Education or political subdivision a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or CRS §8- 17.5-101 et seq., the contracting State agency, institution of higher education or political subdivision may terminate this contract for breach and, if so terminated, Contractor shall be liable for damages. 12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.S-101. Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24- 76.5-101 et seq., and (c) has produced one form of identification required by CRS §24-76.5-103 prior to the effective date of this contract. Revised 1-1-09 9 44 THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT CONTRACTOR: American Civil Constructors Inc., By _ Legal Name of Contracting Entity For The Ex- uti e irector Department of Transportation STATE OF COLORADO: JOHN W. HtCKENLOOPER GOVERNOR -°GSG9�-- Social Sec Number or FEIN Signatuy-`of Authors ed Offic L. Print Name & We of Authorized Officer CORPORATIONS: (A corporate attestation is required.) LEGAL REVIEW: JOHN W. SUTHERS ATTORNEY GENERAL By: Contract Waiver #182 Attest (Seal) B t, ( Y (Corporat ecretary or Equivalent, or Town/City/County Clerk) (Place corporate seal here, if available) ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or services provided. STATE CONTROLLER DAVID J. MCDERMOTT CPA By Date Effective Date: April 1, 2004 10 45 PERMANENT MAN-MADE STRUCTURES EXHIBIT L Listed below are the man-made structures within 200 feet of the affected lands. The structures marked with a star (*) are not within 200 feet of the area to be mined. CDOT Highway 85 3 strand barbed wire fence Union Pacific Railroad railroad tracks* 46 GEOTECHNICAL ANALYSIS EXHIBIT American Civil Constructors Holdings, Inc. has mailed Structure Agreements to the structure owners within 200 feet of the mining area but and does not expect to have them returned within the 15 days allot- ted for approval of the mining permit. A sample of the agreement letter and copies of the mailing receipts are included following this text to prove the Agreements were mailed. They will be submitted to the Divi- sion if/when they are received. This information is presented to address the plan to mine within 200 feet of the structures listed in Exhibit S. The mine depth closest to any structure where no waiver agreement has been obtained is 15 feet. The pit will be mined dry. The closest structure for which there is no damage agreement is the fence line along the west side of the permit. In this area the setback from the permit/affected lands line to the dig line will be 15 feet. Our plan is to setback from the dig line an additional 10 feet to leave adequate area to cut/fill the final slopes. This will leave a 32.5 feet setback from the property line to the toe of the mine face since the estimate mining face will be ':1 or less. The following information is presented using these distances to determine the safety factors that show there would be no impacts to structures within 15 feet of the areas to be mined. As mining approaches the perimeter of the mine the 25 foot mining setback will be staked from the permit line to establish the mining limit. This will leave an undisturbed section of native material at least 25 feet wide along the boundaries. The mine face will progress to this line and expand along it until backfilling begins using the cut/fill method. The limited length of the face, and the lack of water pressure assure the f:1 face will remain stable until sloping can begin. At this mine we chose a friction angle of 42.5 degrees since non - site -specific information is available. So for this analysis the 42.5° angle is used to calculate the safety factor. The suggested number falls into the parameters listed in Rock Slopes: Design, Excavation and Stabilization, Publication No. FHWA-TS-89-045, Table 1 - Typical Soil and Rock Properties for dense sand, uniform grain size. The material in the mine wall will be a sandy clay loam and assumed to be cohesionless and having an assumed friction angle (d)) of 42.5° (1.07:1). Using this information we have calculated the factors shown in the following table using the formula FS = Tan0 - TanG, where 6 is the slope angle from the toe of the cut (32.5') to the closest structure (permit line) . Slope Evaluated Calculated slope angle 0 Factor of Safety for (D=42.5° Proposed slope (f:1) . 24.77°'1'' 1.98 Slope from toe to closest structure 18.450(2) 3.27 1) 24.77° angle is calculated from 15 feet slope height and 32.5 feet horizontal from the toe of mine face to the permit line (2 18.45° angle is calculated from 15 feet slope height and 45.0 feet horizontal from the toe of mine face to the permit line As shown above, the safety factor for the closest structure is 1.98, so by reason as you move the structure away from the permit line the greater the safety factor would be. The 2:1 sloping rate will leave stable slopes adjacent to adjoining structures. 47 March 28, 2013 FIELD(1) FIELD(2) RE: Damage Reimbursement Agreement American Civil Constructors Holdings, Inc. - Nietfeld Borrow - West Weld County, Colorado Dear FIELD(1): American Civil Constructors Holdings, Inc., is filing for a Special 111 Permit from the Colorado Mined Land Reclamation (MLR) permit to extract construction materials from a tract of land located in Part of Section 20, T -9-N, R -66-W, 6th Prime Meridian, Weld County, Colorado. State MLR law requires the permit applicant to agree to reimburse the owner of any permanent man-made structure(s) within 200 feet of the mining area for damage done to the structure(s) as a result of the permitted operation. We believe FIELD(1) own the structure(s) listed below. American Civil Constructors Holdings, Inc. agrees to reimburse FIELD(1) for any damage done to the structure(s) listed below as a result of the proposed mining operation. Your acknowledging signature and a notary seal in the spaces provided below should satisfy the MLR law reimbursement requirement. Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can return the executed agreement to us. We have also enclosed a second copy of this letter that you may keep for your files. Thank you for your cooperation. Sincerely, ACKNOWLEDGED BY: FIELD(1) Jeff Croll Vice President cc: Division of Reclamation, Mining & Safety file Structure list: FIELD(3) Title STATE OF ) ss. COUNTY OF ) The forgoing was acknowledged, subscribed and sworn to before me, a Notary Public, this day of , By Notary Public My commission expires: 48 Proof of Mailing Structure agreement letters NIETFELD BORROW - WEST -a a a - uueu uuuu T 0 N U S PosLV Sr' 'n CERTIFIED MAIL. RECEIPT ivonie:tp.: twat. Onf/ Nc' lny:uono: Cnver.!ge P'nvloea' Fr,/ delOPen q.0 Wnhi'fe at *ww u4:CMn +w Postage f 4Rllsd Fee Ramp Receel Fee (Endoreenwn Fewest° ReIdttcled Deihery Fee ( A in Postage & Fees 1 . 3•\ O Postmark !lase 0 fg.7". "a.' _H&C_ .............. . 1 4 01 tL'&fr'ti U S Postal Service CERTIFIED MAIL RECEIPT fintraesew �.�.i+ hit1�� •^. 41%Ii►.jl�: r �f)�rl.f�/' ►^l(+.1/` f u• la:, wen tns:rrrt,al,::n tr•l:1 114.1 wtDGl:14+ 31 snag Uill1 • o Nisi Vic a AOOaxMa /M' , • c r APPENDIX NOTICE This site is the location of a proposed construction materials operation known as the Nietfeld Borrow - West. American Civil Constructors Holdings, Inc., whose address and phone number is 4901 S. Windermere St., Littleton, CO, 80120, (303) 730-4523, has applied for a Special 111 Operation 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 to the Board, Board of County Commissioners Office, 1150 O Street, Greeley, Colorado 80631 and should send comments prior to the end of the public com- ment period to the Division of Reclamation, Mining & Safety, 1313 Sherman St., Room 215, Denver, CO 80203. Certification I, Srg,Ai-, L..Ot0,oj44r4-1 , hereby certify that I posted a sign containing the above notice for the proposed permit area known as the Nietfeld Borrow - West, on March gt , 2013. 4:4=6 �t&L-- 3/Zy1i3 Signature Date 50 OWNERS OF RECORD OF AFFECTED LAND - SURFACE AREA SURFACE AREA, SUBSTANCE TO BE MINED Clayton C. & Lila A. Nietfeld, Trust 48436 Cr 31 P O Box 186 Nunn, CO 80648 ADJOINING OWNERS WITH IN 200 FEET S tate of Colorado Department of Transportation 4201 E Arkansas Ave Denver, CO 80222 Janet Lee & Karl Louis Kerzic 57 E. Woodland Cir. Highlands Ranch, CO 80126 Rouse Farms Co Lp 15627 Cr 108 Nunn, CO 80648 S t Noco Acquisitions LLC 1109 W Harmony Rd Fort Collins, CO 80526 Union Pacific Railroad Attention: ROW 1400 Douglas, St. Omaha, NB 68179 LUANDA NOTARY PUBLWC STATE OF COLORADO (NO AR I AbTME1SED)24065853 mericai ohstructors CERtIFICATE OF SECRETARY I -,� R�_� � t{ Secretary of American Civil Constructors, Inc, a Cc o(u(iri corporation, certify that on the day of 'I I I , C(3 / the Board of Directors of the corporation contented to the following resolution, pursuant to Section 7-102-145 of the Colorado Corporation Code. The following resolution Wa,e proposed/ dOconded and unanimously adopted by the Board. SSscLLvn, that cl?t CROLL, Vice President of the corporation, is authorized tO sign and execute for and on behalf of the corporation all applications, reclamation bonds, petitions, contracts, correspotidence and ary and all other documents to be submitted to and filed with the Mined Land Reclamation Board under the provisions of the Colorado Mined Land Reclamation Act, Colorado Revised Statutes 2011 as amended, Article 34) and VORTNEX RESOLVED, that JIFF CROLL, Vice President of the corporation, is authorized and empowered to represent and act for the corporation in any capacity in connection with any acts or activities with or before the Mined Lind Reclamation Board under the provisions of the Colorado Mined Land 1 .eclatnation Act, and any action taken by the said Jeff Ctoli, for and on behalf of the corporation shall in all respects be considered the act of the corporation; and 'tIc&TTH2 RESOLVED, that JEFF CROLL, Vice President of the corporation is authorized to siin and execute for and on behalf of the corporation all applications for zoning, rezoning, special use permitb, conditional ube permits, special exceptions and any other forms required by coup€y or city government relating to the corporation's mineral extraction activities. DATED this . Vkk day of ‘. r Secretary of American Civil Constructors, Inc. 2013 SUBSCRIBED and sworn to, before me, a Notary Public, this day of , 2013 lik(1146- Notary Public Tel: 303 795 2582 4901 South Windermere Street Fax: 303 795 3249 Littleton, Colorado 80120 vwvw.acconstructors.com t rte,. 0,46810N SPIES AUGUST 27 ?D1 52 Euviroi,ii,ent, LARRY E. O'BRIAN FOUNDER STEVAN L. O'BRIAN PRESIDENT March 27, 2013 Weld County Clerk to the Board Board of. County Commissioners Office 1150 0 Street Greeley, Colorado 80631 7985 VANCE DRIVE, SUITE 205A ARVADA, COLORADO 80003 303-423-7297 FAX 303-423-7599 Re: Application for a Mined Land Reclamation Permit Dear Sir/Madam: We are delivering to you here with a copy of an application for the Nietfeld Borrow-4West, a Special 111 Construction Materials permit, to be operated by American Civil Constructors Holdings, Inc. Two copies of the application are on file with the Division of Reclamation, Mining & Safety (D.R.M.S.). This copy of the application is delivered to you pursuant to 34-32.5-112(9)(a), Colorado Revised Statutes 1995, as amended, which states in part; ....the applicant shall file a copy of such applica- tion for public inspection at the office of the County Clerk and Recorder of the County in which the affected land is Iodated. Please acknowledge receipt of this copy of the permit application by signing in the appropriate space provided below and returning one copy of this letter to the person delivering the book. Please hold the book for pick up after the application has been approved by the MLRB (approx. 80 days). Yours truly, Environment, Inc. Stevan L. O'Brian enclosure RECEIVED MAR 2 9 2013 {;WE LD MIS OUNTYS RECEIVED THIS DAY OF , 25 9M MLRB application packet for above mine. By Weld County Clerk to the Board Epviroineit, Inc. LARRY E. O'BRIAN FOUNDER STEVAN L O'BRIAN PRESIDENT March 27, 2013 West Greeley Soil Conservation District District Manager - Board of Supervisors 4302 W. Ninth (9th) Street Greeley, CO 80634 Dear Board Members: 7985 VANCE DRIVE, SUITE 205A ARVADA, COLORADO 80003 303-423-7297 FAX 303-423-7599 Re: Application for a Mined Land Reclamation Permit We are delivering to you here a Notice of Application and supporting documents for the Nietfeld Borrow - West to be oper- ated by American Civil Constructors Holdings, Inc., pursuant to rule 2.2.2(1), Colorado Mined Land Reclamation Board - Mineral Rules and Regulations. This is for a Special 111 Operation. borrow mine where the material will be used for the bridge construction project North of Nunn. Please acknowledge receipt of this notice by signing in the appropriate space provided below and return a signed copy of this cover letter to the person delivering it. We need to submit this copy to the Division of Reclamation, Mining & Safety as proof of our filing with you. Respec_fully Suunitted, President tvan L. O'Brian enclosure RECEIVED HIS the Boar of pervisor,s West Greeley Soil Consery ion Distric B Title DAY OF March 2013 for 53 Epvirofln)eI)t, Inc. LARRY E. O'BRIAN FOUNDER STEVAN L. O'BRIAN PRESIDENT March 27, 2013 Weld County Board of County Commissioners 1150 O Street Greeley, Colorado 80631 Dear Commissioners: 7985 VANCE DRIVE, SUITE 205A ARVADA, COLORADO 80003 303-423-7297 FAX 303-423-7599 Re: Application for a Mined Land Reclamation Permit We are delivering to you here a Notice of Application and supporting documents for the Nietfeld Borrow - West to be oper- ated by American Civil Constructors Holdings, Inc., pursuant to rule 2.2.2(1), Colorado Mined Land Reclamation Board - Mineral Rules and Regulations. This is for a Special 111 Operation borrow mine where the material will be used for the Bridge reconstruction project North of Nunn. Please acknowledge receipt of this notice by signing in the appropriate space provided below and return a signed copy of this cover letter to the person delivering it. We need to submit this copy to the Division of Reclamation, Mining & Safety as proof of our filing with you. Respectfully Submitted, Stevan L. O'Brian, President enclosure RECEIVED MAR 2 g eiU;6 WELD COUNTY COMMISSIONERS RECEIVED THIS DAY OF March 201 Weld County Board of County Commissioners By Title 54 Environment, Ipc. LARRY E. O'BRIAN FOUNDER STEVAN L. O'BRIAN PRESIDENT March 27, 2013 Mr. Tom Kaldenbach Division of Reclamation, Mining & Safety Minerals Section - North 1313 Sherman Street, Suite 215 Denver, Colorado 80203 Dear Tom; Re: Special 111 Materials Application American Civil Constructors Holdings, Inc. Nietfeld Borrow - West Weld County, Colorado 7985 VANCE DRIVE, SUITE 205A ARVADA, COLORADO 80003 , 303-423-7297 FAX 303-423-7599 Attached are two (2) copies of the application, permit book and maps exhibits for the subject sand and gravel mine. The first book contains the original application form. The bond and performance warranty with original seals and signaturesare also attached with copies of those forms. This packet also contains copies of the: • Posted NOTICE certification • Weld County Commissioners notice letter & receipt • West Greeley SCD notice letter & receipt • the Weld County Clerk to the Boards notice letter & receipt • the Original application form • the Original signed Financial Warranty Corporate Surety form and Rider • the original signed Performance Warranty form A check (#1588) from American Civil Constructors Holding, Inc. for $898.00 to cover the APPLICATION FEE is attached. If you have any questions please call me. Sincerely, Environment, Inc. Stevan L. O'Brian President enclosures RECEIVED MAR 2 9 2013 Division of Reclamation, Mining & Safety 55 - ter - O to Eiwircinet, Inc. LARRY E. O'BRIAN FOUNDER STEVAN L. O'BRIAN PRESIDENT April 8, 2013 Mr. Peter Hayes Division of Reclamation, Mining & Safety 1313 Sherman St, Suite 215 Denver, CO 80203 Dear Peter; RE: American Civil Constructors, Inc. Permit # M-2013-020 - Nietfeld Borrow - West Completeness response 7985 VANCE DRIVE, SUITE 205A ARVADA, COLORADO 80003 303-423-7297 FAX 303423-7599 RECEIVED APR 0 8 2013 Division of Reclamation, Mining & Safety On behalf of my client American Civil Constructors, Inc., I am responding to your Completeness review letter dated April 3, 2013. I will respond to your item points in the order presented in the letter. In making the changes you noted I have chosen to make the revisions in the form or application edits and am submitting an entire packet that has the changes incorporated in it. Please discard the two Packets delivered on March 29, 2013 so there is no mixup during review. APPLICATION FORM A new application form has been provided since pages 1, 2, 3 and 6 were changed as a result of the corrections and name change. Please retrieve the original pages 4 and 5 with the from the application form originally submitted for use with the new pages. 1. This was corrected and changed to rangeland 2. This was changed to rangeland. 3. A Certificate of Secretary has been added to the new packet as page 52. 4. I have changed the name to American Civil Constructors, Inc. on all pages where the incorrect name originally resided: American Civil Constructors Holdings, Inc. Was the parent company and I picked it inadvertently when researching the correct company name. This change in name makes the application correct and now matches the Secretary of States records. ENVIRONMENT, INC. PAGE Z APRIL B, 2O1 3 EXHIBIT A - LEGAL DESCRIPTIONS (RULE 6.3.1(1)): 5. The legal descriptions on Exhibit A, A-1, E-1 & E-2 to have a quarter -quarter description that match each other and Item #9 of the application form. EXHIBIT A - LOCATION MAP (RULE 6.3.1(2)): 6. This map has been check end corrected for the entrance label so it matches the application form Item #10 EXHIBIT C - MINING PLAN (RULE 6.3.3): 7. An explanation concerning the potential processing plant was added to page 20 of the application packet, a fourth note was added and the estimated Plant Site location is shown on Map Exhibit E-1. There will be no structures on the plant site and only a portable screen plant would be moved in if processing becomes neces- sary. This would be a self contained unit using water for dust control and fuel to operate the generator. 8. There will be only a primary commodity removed from the site. An explanation on that subject was added to page 19 of the application packet. 9. No incidental products will be mined at this site. 10. This is a borrow area and no explosives will be used during mining and reclamation. A statement to this effect was added to page 19 of the application packet. EXHIBIT D - RECLAMAnoN PLAN (RULE 6.3.4): 11. Text to address this question was added to pages 18 and 21. Rule 3.1.5(7) says that the only slopes in a mine that require 3:1 sloping are those from 5 feet above to 10 feet below water. It also states that ...unless approved by the Board or Office, shall be no steeper then 2:1.... American Civil Constructors, Inc. chooses to stand by the original sloping gradient plan of 2h:lv. 12. This was addressed on pages 21 and 22. We agree to your suggestions to use 4000 lbs/ acre, weed free clean straw as mulch. The CDOT contract calls for the 3000 Lbs/ac, so we used that originally. Once spread it will be crimped using a disk to set the straw and reduce it from being blown from the seedbed. EXHIBIT E - RECLAMATION PLAN MAP (RULE 6.3.5): 13. Everything under the material salvaged for growth medium will be used for the CDOT project so no overbur- den will be replaced on the site. 14. A fourth note was added to Map Exhibit E-2 to address this question. ENVIRONMENT, INC. APRIL 8, 2O1 3 PAQE 3 EXHIBIT I - PROOF OF FILING WITH COUNTY CLERK (RULE 6.3.9): 15. The receipt letter is included in the application packet showing this second packet with copies of the incompleteness letter and this response was delivered to the Weld County Clerk to the Board (Clerk & Re- corder) FINANCIAL WARRANTY (RULE 4.2.4): 16. Attached is a revised Financial Warranty Corporate Surety form with the corrected company name on it. This replaces the one submitted on March 29, 2013 when the original packet was delivered to the Division. PERFORMANCE WARRANTY: 17. Attached is a revised Performance Warranty form with the corrected company name on it.. This replaced the one submitted on March 29, 2013 when the original packet was delivered to the Division. If you have more questions or need more information after reviewing my answers please call me. Thanks for your help during the permitting process. Sincerely, Environment, Inc. Stevan L. O'Brian President cc American Civil Constructors, Inc. Weld County Clerk file enclosures STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 April 3, 2013 Mr. Jeff Croll American Civil Constructors Holdings, Inc. 4901 S. Windermere St. Littleton, Colorado 80120 RECEIVED APR 0 3 2013 ENVIRONMENT INC. 6- (.3 COLORADO DIVISION OF RECLAMATION MINING & SAFETY John W. Hickenlooper Governor Mike King Executive Director Loretta Pineda Director Re: American Civil Constructors Holdings, Inc., Nietfeld Borrow - West, File No. M-2013-020, Receipt of Special 111 Construction Materials Reclamation Permit Application Package - Incomplete Dear Mr. Croll: On March 29, 2013, the Division of Reclamation, Mining and Safety (Division) received the 111 Special Operations Reclamation Permit Application package for the Nietfeld Borrow - West, File No. M-2013-020. Preliminary review of the information received determined the following items must be received before the Division can consider the application as being submitted and technical review can begin: Application Form: 1. On Page 2, Item #11, the Applicant indicates the Primary Future (Post -mining) Land Use is Industrial/Commercial. The Reclamation Plan and Map submitted by the Applicant indicate the post -mining land use will be Rangeland. Please review the post -mining land use selection and revise the selection as needed. 2. On Page 2, Item #12, the Applicant indicates the Primary Present Land Use is Mining. The Mining Plan submitted by the Applicant states the site is currently used by the landowners as rangeland. Please review the present land use selection and mining plan and revise the application and mining plan as needed. 3. The Division requires the Applicant to provide documentation giving the signer the authority to sign on behalf of the company. The authorization document may be in the form of by- laws, resolution, affidavit signed by corporate secretary, certified secretary statement or a notarized statement on company letterhead. 4. The Division requires the Operator/Applicant's name to remain consistent and match the exact name registered with the Secretary of State's office ("American Civil Constructors Holdings, Inc.") throughout the application. Please revise the Applicant's name in "notary" section of the certification page (page 6) on the application form. Office of Office of Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines Page 2 of 4 American Civil Constructors Holdings, Inc. Nietfeld Borrow - West 4/3/13 Exhibit A - Legal Description (Rule 6.3.1(1)): The legal description must identify the affected land, specify affected areas and be adequate to field locate the property. Description shall be by township, range, and section, to at least the nearest quarter -quarter section. 5. The legal description provided in Exhibit A, Exhibit A-1 and on the Exhibit E maps does not match the legal description provided for Item #9 on the Application Form. Please review the legal descriptions and revised the Exhibits as needed. Exhibit A - Location Map (Rule 6.3.1(2)): 6. The latitude and longitude of the main entrance to the mine site on the Location Map (Exhibit A-1) does not match the primary mine entrance location provided for Item #10 on the Application From. Please review the location information and revise the application form or Exhibit accordingly. Exhibit C - Mining Plan (Rule 6.3.3): The purpose of the mining plan is to describe how mining will affect the permit area for the duration of the operation. This plan must be correlated to Exhibit E - Map. The description of the mining plan must be adequate to satisfy the requirements of Section 3.1 and demonstrate compliance with Rule 3. 7. The Applicant states some processing may take place on the site. Please describe the nature of the processing, facilities and chemicals utilized. The process area and any structures must be described on Exhibit E - Map. 8. Please identify the primary and secondary commodities to be mined/extracted and describe the intended use. 9. Please name and describe the intended use of all expected incidental products to be mined/extracted by the proposed operation. 10. Please specify if explosives will be used in conjunction with the mining or reclamation. Exhibit D - Reclamation Plan (Rule 6.3.4): The purpose of the Reclamation Plan is to describe the timing, procedures, criteria and materials that will be used to reclaim the affected land to the proposed future land use. This plan must be correlated to Exhibit E - Map. The description of the Reclamation Plan must be adequate to satisfy the requirements of Section 3.1 and demonstrate compliance with Rule 3. Page 3 of 4 American Civil Constructors Holdings, Inc. Nietfeld Borrow - West 4/3/13 11. The Applicant states any slopes created will be graded 2H:1V more or less. If the Application proposes slopes steeper than 3:1, you must include a justification that supports steeper slopes for the proposed post -mining land use, and demonstrates compliance with the applicable performance standards of Section 3.1. 12. The Applicant states mulch will be used in the Reclamation Cost Estimate to reclaim the site. Please specify the kind to be used, the crimping method and the rate of application. The Division recommends an application rate of two (2) tons per acre. Exhibit E — Reclamation Plan Map (Rule 6.3.5): 13. Please indicate the average thickness of replaced overburden by reclamation area or phase on the Reclamation Plan Map. 14. Please state the average thickness of replaced topsoil by reclamation area or phase on the Reclamation Plan Map. Exhibit I - Proof of Filing with County Clerk (Rule 6.3.9): 15. Please provide an affidavit or receipt indicating the date on which the revised application in response to this letter was placed with the Weld County Clerk and Recorder. Financial Warranty (Rule 4.2.4): 16. The Division has reviewed the Reclamation Cost Estimate submitted by the Applicant. Please submit the financial warranty in the amount of $47,500.00. Performance Warranty: 17. Please provide a properly executed Performance Warranty to the Division. Financial and Performance Warranty forms are available on the Division's website: http://mining.state.co.us/Forms/Pages/Minerals.aspx Your application will not be considered filed until the information listed above is received and found sufficient to begin our review. A decision date will be established 15 days from the date of receipt of all of the requested information. You have sixty (60) days from the above date to submit all necessary documents that the Office needs for an application to be considered filed. If, at the end of the sixty day period, the application has not been determined to be filed with the Office, the Office shall deny the application and terminate the application file. The response due date is June 2, 2013. Page 4 of 4 American Civil Constructors Holdings, Inc. Nietfeld Borrow - West 4/3/13 This letter shall not be construed to mean that there are no other technical deficiencies in your application. The Division will review your application to determine whether it is adequate to meet the requirements of the Act after submittal of all required items. If you have any questions, please contact me at (303) 866-3567 ext. 8124. Sincerely, 4-i Peter S. Hays Environmental Protection Specialist Cc: Tom Kaldenbach; Division of Reclamation, Mining & Safety Steve O'Brian; Environment, Inc. Epviroineifl, Inc. LARRY E. O'BRIAN FOUNDER STEVAN L. O'BRIAN PRESIDENT April 8, 2013 Weld County Clerk to the Board Board of County Commissioners Office 1150 O Street Greeley, Colorado 80631 7985 VANCE DRIVE, SUITE 205A ARVADA, COLORADO 80003 303-423-7297 FAX 303-423-7599 Re: Application for a Mined Land Reclamation Permit American Civil Constructors, Inc M-2013-020 - Replacement Dear Sir/Madam: We are delivering to you here with a replacement copy of an application for the Nietfeld Borrow - West, a Special 111 Con- struction Materials permit, to be operated by American Civil Constructors, Inc. Two copies of the application are on file with the Division of Reclamation, Mining & Safety (D.R.M.S.). This copy of the application is delivered to you pursuant to 34-32.5-112(9)(a), Colorado Revised Statutes 1995, as amended, which states in part: ....the applicant shall file a copy of such applica- tion for public inspection at the office of the County Clerk and Recorder of the County in which the affected land is located. Please acknowledge receipt of this copy of the permit application by signing in the appropriate space provided below and returning one copy of this letter to the person delivering the book. Please hold the book for pick up after the application has been approved by the MLRB (approx. 80 days). Yours truly, Environment, Inc. Stevan L. O'Brian enclosure RECEIVED APR 0 8 2013 WELD COUNTY COMMISSIONERS RECEIVED THIS DAY OF , 2013 MLRB application packet for above mine. By Weld County Clerk to the Board Hello