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HomeMy WebLinkAbout20122539.tiff Pawnee Aggregate Pit Construction Materials Regular ( 112) Operation Reclamation Permit Application Prepared For: Division of Reclamation, Mining, and Safety 1313 Sherman Street, Room 215 Denver, CO 80203 Landowner: Daniel P. Dietzler 150 N . Montclair Glen Ellyn, IL 60137 Operator: Dietzler Construction Corporation 1306 Main Street Torrington, WY 82240 Prepared By: PATRICK ENGINEERING Patrick Engineering, Inc. 1400 West 122nd Avenue, Suite 102 Westminster, CO 80234 Date Prepared: April 2012 2, 0/ R - 2 5 39 STATE OF COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources 1313 Sherman St,Room 215 Denver Colorado 80203 DI C VISS L RA D ION OF Phone(303)8663567 CONSTRUCTION MATERIALS F RECLAMATION FAX 1303)832-8106 REGULAR(112)OPERATION MIN ING RECLAMATION PERMIT APPLICATION FORM SAFETY Bill Ritter,Jr. CHECK ONE: ElThere Is a File Number Already Assigned to this Operation ' °f Harris D.Shermmi P M -_ _ (Please reference the file number currently assigned to this operatioa)eatrve Director itNew Application(Rule 1.4.5) j3 Amendment Application(Rule 1.10) DivRomig µr• lY Conversion Application(Rule 1.11) Natural Resource Trustee Permit# Ivi - (provide for Amendments and Conversions of existing permits) The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts:(I)the application form;(2)Exhibits A-S,Addendum 1,any sections of Exhibit 6.5(Geotechnical Stability Exhibit;and(3)the application fee. When you submit your application,be sure to include one(1) complete signed and notarized ORIGINAL and one (1) copy of the completed application form,two(2)copies of Exhibits A-S,Addendum 1,appropriate sections of 6.5(Geotechnical Stability Exhibit,and a check for the application fee described under Section(4)below. Exhibits should NOT be bound or in a 3-ring binder;maps should be folded to 8 1/2"X 11"or 8 1/2"X 14"size. To expedite processing,please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly,in the space provided,ALL information requested below. 1. Applicant/operator or company name(name to be used on permit): Dietzler Construction Corporation 1.1 Type of organization(corporation,partnership,etc.): Corporation 2. Operation name(pit,mine or site name): Pawnee Aggregate Pit 3. Permitted acreage(new or existing sitel: 160 permitted acres 3.1 Change in acreage(+) acres 3.2 Total acreage in Permit area 160 acres 4. Fees: 4.1 New Application $2,696.00 application fee 4.2 New Quarry Application $3,342.00 quarry application 4.4 Amendment Fee $2.229.00 amendment fee 4.5 Conversion to 112 operation(set by statute) $2,696.00 conversion fee 5. Primary commoditie(s)to be mined: Gravel Sand Clay 5.1 Incidental commoditie(s)to be mined: 1. - lbs/Tons/vr 2. / lbs/Tons/vr 3. / lbs/Tons/vr 4. / lbs/Tons/vr 5. / lbs/Tons/vr 5.2 Anticipated end use of primary commoditie(s)to be mined: Road Construction and Maintenance for,County,US Government and Oil and Gas Industry. 5.3 Anticipated end use of incidental commoditie(s)to be mined: Office of Office of Mined land Reclamation Denver • Grand Junction • Durango • Active and Inactive Mines -2- 6. Name of owner of subsurface rights of affected land: "Refer to Exhibit O" If 2 or more owners,"refer to Exhibit O". 7. Name of owner of surface of affected land: Daniel P. Dietzler 8. Type of mining operation: El Surface _a Underground 9. Location Information: The center of the area where the majority of mining will occur. COUNTY: WELD PRINCIPAL MERIDIAN(check one): 0 nn 6th(Colorado) n 10th(New Mexico) _L.1 Ute SECTION(write number): S 30 TOWNSHIP(write number and check direction): T 10 Q North Q South RANGE(write number and check direction): R 60n nQ East 121 West QUARTER SECTION(check one): 171_EE D SW QUARTER/QUARTER SECTION(check one): a NE NW 'SE /SW GENERAL DESCRIPTION:(the number of miles and direction from the nearest town and the approximate elevation): Approximately 8 miles Southeast of Grover. CO 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 48 sec 7 , 25 (2 decimal places) Longitude(W): deg -104 min 07 sec 32 . 80 (2 decimal places) OR Example: (N) 39.73691° (W) -104.98449° Latitude(N) (5 decimal places) Longitude(W) (5 decimal places) OR Universal Tranverse Mercator(UTM) Example: 201336.3 E NAD27 Zone 13 4398351.2 N UTM Datum(specify NAD27,NAD83 or WGS 84) Nad 83 Zone 13 Easting Northing -3- 11. Correspondence Information: APPLICANT/OPERATOR (name,address,and phone of name to be used on permit) Contact's Name: Joel Slate Title: Project Manager Company Name: Dietzler Construction Corporation Street/P.O.Box: 1306 Main Street P.O.Box: City: Torrington State: WY Zip Code: 82240 Telephone Number: ( 307 ) 333-7552 Fax Number: ( ]- PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Mickey Leyba-Farnsworth Title: Project/Engineering Manager Company Name: Patrick Engineering Street/P.O.Box: 1400 W. 122nd Ave, Suite 102 P.O.Box: City: Westminster State: CO Zip Code: 80234 Telephone Number: ( 303 1_ 532-8627 Fax Number. ( 303 )_ 532-8621 INSPECTION CONTACT Contact's Name: Joel Slate Title: Project Manager Company Name: Dietzler Construction Corporation Street/P.O.Box: 1306 Main Street P.O.Box: City: Torrington State: WY Zip Code: 82240 Telephone Number. ( 307 )- 333-7552 Fax Number. ( )- CC: STATE OR FEDERAL LANDOWNER(ifanv) Agency: N/A Street: City: State: Zip Code: Telephone Number: ( 1- CC: STATE OR FEDERAL LANDOWNER(if anv) Agency: N/A Street: City: State: Zip Code: Telephone Number: ( 1- -4- 12. Prima future(Post-minine)land use(check one): Cropland(CR) E Pastureland(PL) General Agriculture(GA) _CI Rangeland(RL) n Forestry(FR) Wildlife Habitat(WL) ,D Residential(RS) 11 Recreation(RC) Industrial/Commercial(IC) Developed Water Resources(WR) —1 Solid Waste Disposal(WD) 13. Prima re ent land use check one : 1� Cropland(CR) Pastureland(PL) General Agriculture(GA) o+ lBRangeland(RL) Forestry(FR) Wildlife Habitat(WL) Residential(RS) Recreation(RC) Industrial/Commercial(IC) Developed Water Resources(WR) 14. Method of Mining: Briefly explain mining method(e.g.truck/shovel): 15. On Site Processing: 0 Crushing/Screening 13.1 Briefly explain mining method(e.g.truck/shovel): Scraper, Excavator, Truck List any designated chemicals or acid-producing materials to be used or stored within permit area: None 16. Description of Amendment or Conversion: If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s). N/A Maps and Exhibits: Two(2)complete,unbound application packages must be submitted. One complete application package consists of a signed application form and the set of maps and exhibits referenced below as Exhibits A-S.Addendum 1,and the Geotechnical Stability Exhibit. Each exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ease of reference. If separate documents are used as appendices,please reference these by name in the exhibit. With each of the two (2) signed application forms, you must submit a corresponding set of the maps and exhibits as described in the following references to Rule 6.4. 6.5. and 1.6.2(1)(6): EXHIBIT A Legal Description EXHIBIT B Index Map EXHIBIT C Pre-Mining and Mining Plan Map(s)of Affected Lands EXHIBIT D Mining Plan EXHIBIT B Reclamation Plan EXHIBIT F Reclamation Plan Map EXHIBIT G Water Information EXHIBIT H Wildlife Information EXHIBIT 1 Soils Information EXHIBIT J Vegetation Information EXHIBIT K Climate Information EXHIBIT L Reclamation Costs EXHIBIT M Other Permits and Licenses EXHIBIT N Source of Legal Right-To-Enter EXHIBIT O Owners of Record of Affected Land(Surface Area) and Owners of Substance to be Mined EXHIBIT P Municipalities Within Two Miles EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Conservation District EXHIBIT R Proof of Filing with County Clerk or Recorder EXHIBITS Permanent Man-Made Structures Rule 1.6.2(1)(6) ADDENDUM 1 -Notice Requirements(sample enclosed) Rule 6.5 Geotechnical Stability Exhibit(any required sections) The instructions for preparing Exhibits A-S, Addendum 1, and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule 1.6.2(1)(6)of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required, or would like to schedule a pre-application meeting you may contact the Office at 303-866-3567. Responsibilities as a Permittee: Upon application approval and permit issuance, this application becomes a legally binding document. Therefore,there arc 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 don lderstand 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; - 6 - k1141 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; tr 'Ei�kci 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: 11(0 I 4. Any modification to the approved mining and reclamation plan from those described in your approved �� application requires you to submit a permit modification and obtain approval from the Board or Office; yIJ't�'II 5. It is your responsibility to notify the Office of any changes in your address or phone number; nX'P tt 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, r '1 c. the permit number. "1, Y 7. The boundaries of the permit boundary area must he marked by monuments or other markers that arc clearly visible and adequate to delineate such boundaries prior to site disturbance. Jl\ 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 Construction Material Rules and Regulations in effect at the time the permit is issued. Of11 9. Annually,on the anniversary date of permit issuance.you must submit an annual fee as specified by Statute, and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees arc for the previous year a permit is held. For example,a permit 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 the permittee,to continue to pay your annual fee to the Office until the Board releases you from your total reclamation r responsibility. r ^ 10. For joint venture/partnership operators: the signing representative is authorized to sign this document and a power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application. -7- 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. - 8 - 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: I. To the best of my knowledge,all significant,valuable and permanent man-made structure(s)in existence at the time this application is filed,and located within 200 feet of the proposed affected area have been identified in this application (Section 34-315-115(4)(e), C.R.S.). 2. No mining operation will be located on lands where such operations arc prohibited by law (Section 34-32.5-115(4)(f), C.R.S.; 3. As the applicant/operator,I do not have any extraction/exploration operations in the State of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section 34-32.5-120, C.R.S.) as determined through a Board finding. 4. 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. This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112,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, C.R.S. Signed and dated this 4 day of April , 2012 Dietzler Construction Corporation If Corporation Attest(Seal) Applicant/Op- a ,r or C 'any Namc Signed: — Signed: Corporate Sc ctary or Equivalent Title: President Town/City/County Clerk State of Illinois ) ) ss. County of Cook ) The foregoing instrument was acknowledged before me this 4 day of April 2012by Daniel P. Dietzler as President of Dietzler Construction Corp- c ,r il Notary'Public 9 My Commission expires: 0 //4, ,,"0i S- / SIGNATURES MUST BE IN BLUE INK You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a LIST OF EXHIBITS EXHIBIT A Legal Description EXHIBIT B Index Map EXHIBIT C Pre-Mining and Mining Plan Map(s) of Affected Lands EXHIBIT D Mining Plan EXHIBIT E Reclamation Plan Map EXHIBIT F Reclamation Plan EXHIBIT G Water Information EXHIBIT H Wildlife Information EXHIBIT I Soils Information EXHIBIT! Vegetation Information EXHIBIT K Climate Information EXHIBIT L Reclamation Costs EXHIBIT M Other Permits and Licenses EXHIBIT N Source of Legal Right-to-Enter EXHIBIT 0 Owners of Record of Affected Land (Surface Area)and Owners of Substance to be Mined EXHIBIT P Municipalities Within Two Miles EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Conservation District EXHIBIT R Proof of Filing with County Clerk and Recorder EXHIBIT S Permanent Man-Made Structures Rule 1.6.2(1)(b) ADDENDUM 1—Notice Requirements EXHIBIT C EXHIBIT A Legal Description Property Legal Description: Parcel A: South %and Southeast'/< of the Southwest%of Section 30,Township 10 North, Range 60 West of the 6th Prime Meridian, County of Weld,State of Colorado. Parcel B: Northwest 1/4 of the Northeast% of Section 31,Township 10 North, Range 60 West of the 6`h Prime Meridian, County of Weld, State of Colorado. Refer to Exhibit A plan view on the following page for more information. Landowner of Record(Parcels A&B): Daniel P. Dietzler 150 N. Montclair Glen Ellyn, IL 60137 J LEGAL DESCRIPTION: 1321.77' . ... -�' THE SOUTH ONE HALF OF THE SOUTHEAST ONE QUARTER AND THE SOUTHEAST ONE QUARTER /'; OF THE SOUTHWEST ONE QUARTER OF SECTION 30,TOWNSHIP 10 NORTH, RANGE 60 WEST OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF A. WELD,STATE OF COLORADO.AREA: 120 Acres m O ALSO,THE NORTHWEST ONE QUARTER OF THE �I OO NORTHEAST ONE QUARTER OF SECTION 31, d TOWNSHIP 10 NORTH,RANGE 60 WEST OF THE o 6TH PRINCIPAL MERIDIAN,COUNTY OF WELD, . STATE OF COLORADO.AREA:40 Acres _ SOUTH 1/4 CORNER SECTION 30-10-60 SEC31 // . / _ 1321.77 " SEC 30 I JCI� I ti ; s II '.?43 41 o co S %��sr N 0 I En 1320.95' ----- -'/ N , i co oen b r PROPOSED MINE ACCESS ENTRANCE OFF OF COUNTY RD 99 a LAT: N40° 48' 02.96" LONG: W104° 07' 32.94" rs- (WGS84- STATE PLANE ZONE 13, —. -__ s TOWNSHIP 10N, RANGE 60 WEST -- - - -- W OF THE 6TH P.M.) -_ `._. - -^- -in 1338.84' CO. RD. 99 SOUTHEAST CORNER SECTION 30-10-60 PAWNEE AGGREGATE PROJECT ND.: 21273O07 DATE: 3/19/2012 z 0 250 500 PATRICK SCALE: '=500' II ENOINEJ=nINO INC. EXHIBIT A Ez Mop s-mzo PAGE: `�`" �" m W`m°'""—P" ck-g-"°""'" °'@' LEGAL DESCRIPTION EX-A SCALE: 1"=500' GRaEssawl°esGR FORM MG[NSE R.. R4. 4W GROVER w m , . CO. RD. 118 if 1$) L 'r 7.C CC - =#t � I ID 0o SITES 0 _ CO. RD. 112 `93-0 n j Ii Yi sl 3 iri PROJECT NO.: 21273.007 PAWNEE AGGREGATE G GATE 0 1/2 Ml 1 MI DATE: 3/19/2012 z PATRICK SCALE: INC.(scar ow FEET) .4O0 o en LEE,An Sulu 0 TEL sM:a EXHIBIT B PACE. MILE ENGINEERING �'�""' INDEX MAP EX-B a SCALE: l"=5,280' (1 Mile) rnoressrovuo„,„,nme LICENSE NO.,wmwm EXHIBIT B Index Map Index Map: Refer to Exhibit B on the following page for property location information. EXHIBIT C Pre-Mining&Mining Plan Maps Refer to Exhibit C,Sheets 1 &2, on the following pages for Pre-Mining Existing Conditions and Mining Operations and Conditions. hard surface that limits deeper excavation.This hard sandstone layer is located at approximately elevation 5,235 feet above sea level,which is the proposed limits of mining, as shown on Exhibit C. The total acreage to be disturbed from the operation is 77.2 acres. The size of areas to be worked at any given time is approximately 6 to 7 acres,though final reclamation will occur only at the completion of all mining activity. e) Timetable The various stages of the operation are as follows,and are described in further detail below: 1. Pre-development 2. Development 3. Operations 4. Reclamation 1. Pre-development Pre-development activities include securing all necessary permits and completing exploration of the deposit to determine the true quantity and quality of the gravel reserve. Weld County regulations will require a site specific Development Review Plan and Use by Special Review Permit for a Mineral Resource Development Facility, including Open Pit Gravel Mining in the A(Agricultural)Zone District for the following described real estate being parcel. In addition to the Weld County Permits and Approvals,a State of Colorado Reclamation Permit will be required for the extraction of Construction Materials from the Colorado Mined Land Reclamation Board. 2. Development Development activities will include pre-stripping of the gravel zone, processing site construction and establishment of crushed and screened material stockpiles. Pre-stripping activities will provide material for construction of a 30 foot wide access road from Weld County Road 99 into the processing area as well as a 24 foot wide,5%grade haul road from the processing area into the mining zone.The processing area will contain a crusher,screening and staking machine or machines, a truck scale and an office trailer for a site attendant.A 3 wire barb wire fence will be erected for cattle and wild life protection. A water quality feature and diversion swales and berms will also be established. 3. Operations Operations consist of normal stripping and mining of the gravel deposit and reclamation of the spoil overburden that has been placed in the final deposit zone. 2 Normally,the seasonal stripping and mining operation would be scheduled for approximately three summer months.The actual schedule would be dictated by material sales.For the purpose of this discussion, 100,000 tons of within-specification material sales shall be used to dictate duration of operations throughout the summer months. The approximately three month long mining operations would consist of dozer operations plus truck loader transport of spoils to spoil stockpiles and gravel to the processing area for screening and crushing. No high wall mining will be used.Cut slopes will normally be Y:horizontal to 1 vertical.Spoil slopes will be no steeper than 3 horizontal to 1 vertical.The processed material would be stockpiled by stacking conveyors to select stockpiles.A water truck would be used for dust control. It is anticipated that the 3 months of operations would develop stockpiled material that would be sufficient for ongoing sales throughout the off mining months. 4. Reclamation Reclamation activities would continue normally after the mining months into the late fall. No operations other than sales would occur during the winter months. f) Deposit The gravel pay zone occurs in a calcareous gravelly alluvium and is generally 9 to 11 feet in thickness.The overburden consists of silty sandy loess that varies in thickness over the area.The gravel beds lie on top of a weathered sandstone formation. It is estimated that approximately 800,000 to 1,000,000 tons of recoverable gravel occur in the area of consideration. g) No other primary or secondary commodities are to be mined or extracted. h) No incidental products are to be mined/extracted by the proposed operation. i) No explosives are anticipated to be used in the operation. 3 EXHIBIT E Reclamation Plan a) Reclamation Methods The general mining reclamation plan consists of a backfill operation that moves the overburden and waste material back into the mined out areas to be used for final reclamation.After material is stockpiled in rough piles, nearly all disturbed areas will be smoothed out to resemble a natural- looking slope,then seeded with native grasses and mulched with straw.The staging process,final condition and seeding requirements are outlined on Exhibit F Reclamation Map. Mining Areas: It is anticipated that it will take approximately 1 to 3 years for mined out areas to be available for backfilling. During this time,spoil benches will be created by dozing material into 50 foot benches at the edge of mining,at a 3H:1V angle of repose. Once mined out areas are available to receive overburden material,the unused soil will be deposited by truck and loaders into approximately 10 to 15 foot high piles with 3H:1V side slopes,as shown on Exhibit F. Stockpiling activities will be ongoing by depositing waste material into mined out areas, as necessary and as the areas become available. Final reclamation will continue by grading and shaping the overburden piles into gently rolling topography and reseeding areas that been graded out to final slopes. At the end of the mining operation, it is anticipated that reclamation activities will continue for 1 year after the mine closure to smooth out all stockpiles,spread topsoil and seed. Processing Site& Haul Roads: At the end of mining operations, reclamation will also occur for the haul road and processing site. The haul road and any stockpile areas will be graded out to pre-mining condition,or as shown on Exhibit F, and reseeded.Any buildings or machinery on the processing site will be removed;the area spread with topsoil and seeded.The site will remain graded at a 2%slope.The gravel surfaced access road is to remain. b) Pre-&Post Mining Conditions The present land use is ranching and upon final reclamation the post mining use will revert back to ranching.The final reclamation slopes and most of the grading areas will be of gentler slopes than originally present.As such,the area will provide an improved ranching environment. 1 During the reclamation phase,County Road 112,which does not follow the road right-of-way in this area,will be relocated, as coordinated and approved by Weld County. c) Compliance with Rule 3.1 Reclamation Performance Standards: 3.1.1 Establishing Post—Mining Use: 1.Applicant is Landowner 2.Area is used as ranching land and will be returned to ranching land. 3.1.2 Reclaiming Substituted Land: No substituted land is involved. 3.1.3 Time Limit and Phased Reclamation: Each mined area will be completely reclaimed within 5 years of commencement of the mined area. 3.1.4 Public Use: No public Use is allowed Lands are private at present and will continue to be private. 3.1.5 Reclamation Measures—Material Handling: 1. Final reclaimed topography will be appropriate for final land use. 2.All backfilling will consist of existing formations. No acid-forming or toxic materials are known. 3.All erosion will be controlled and no high walls will remain. 4. Backfilling and grading will be ongoing as areas are mined out and room for backfilling becomes available. 5. No refuse or acid-forming or toxic-producing materials are known. 6. No drill or auger holes are anticipated. 7. Spoil slopes shall not exceed 3H to 1V. 8.All areas will be graded to be traversed by farm machinery. 9. Only native on-site materials will be used. 10. No pollutants will be released.Oils and lubricants will be confirmed and contained. 2 11. No groundwater contamination will occur. d) Reclamation Implementation Topsoil Preservation,Storage & Replacement: Topsoil ranges from 0 to 1 foot throughout the area.All topsoil will be stripped prior to any operation and placed in separate topsoil piles,as shown on Exhibit C.As areas are reclaimed and graded to final condition (as shown on Exhibit F),topsoil from the stockpiled areas will be placed on the graded reclaimed area minimum 4 inches thick. Extreme care will be used to prevent excessive compaction of the topsoil zone. Seeding: Final seeding will occur in the topsoil zones.Seeding of the regraded and topsoil covered reclamation areas shall occur between December 1"and May 1st. If the site must be seeded outside of this date range,a long-season grain such as wheat or oats shall be planted to aid in stabilization until the reclamation seed mix(shown below)can be sowed. The area will be seeded as follows: Reclamation Seed Mix: Buffalo Grass(Texoka,Sharps Improved) 3.0lbs./acre Little Bluestem 2.51bs./acre Sideoast Grama (Vaughn, Butte, Niner, El Reno, Haskell) 2.0 lbs./acre Blue Grama (Hachital, Lovington) 3.0lbs./acre Sand Dropseed 0.51bs./acre Switchgrass 2.Olbs./acre Western Wheatgrass(Arriba, Barton, Rasana) 1.Olbs./acre Total: 14 lbs pls/acre **Other addition: Mycorrhiza to coast the seed at time of planting. Mulching: After the disturbed areas are reseeded,straw mulch will be crimped in at a rate 2 tons/acre. 70%of the straw must be strands of 10 inches or more. Irrigation: The Reclamation Seed Mix is not required to be watered as irrigation may end up harming the development and germination of the grasses. Reclamation seeding may take up to 3 to 5 years to fully stabilize.Silt fence and erosion control measures shall remain in place until a healthy stand of vegetation has been established. 3 EXHIBIT F Reclamation Plan Map Refer to Exhibit F on the following page for the Reclamation Plan Map. EXHIBIT G Water Information (1) The Pawnee Aggregate site does not lie within any FEMA—designated floodplains or floodways. Ground water is neither present nor expected in the mine zones;therefore dewatering would not be anticipated. The site will be a dry pit and the operation is not expected to directly affect surface or groundwater systems. There are no existing or planned surface water impoundments at the Pawnee Aggregate Site. (2) Operation is not expected to directly affect surface or groundwater systems. (3) Water needs for the gravel mining and processing operations are expected to be minimal. The Landowner owns substantial water rights under and adjacent to the proposed mine area. The Operator shall be allowed to use such industrial permitted water for dust control via water trucks. (4) Water needs for the operation are expected to be minimal. (5) The Operator will apply for a National Pollutant Discharge Elimination System (NPDES) permit from the Water Quality Control Division at the Colorado Department of Health. The Operator will supply the Division of Reclamation, Mining,and Safety a copy of the permit once completed. EXHIBIT H Wildlife Information (1) The property is periodically grazed for beef cattle. Typical wildlife consists of antelope,coyote, rabbit, birds, and reptiles. None of these are known to be endangered or threatened. (2) Mining operations shall cause temporary closure of the area to cattle and larger wildlife. Reclamation of the site will revegetate the surface and cattle and wildlife may once again use the site for grazing once mining is complete. EXHIBIT I Soils Information See attached soils report. Soil Map—Weld County,Colorado, Northern Part 572300 572400 572500 572600 572700 572800 572900 573000 573100 573200 573300 573400 573500 573600 573700 573800 573900 40°48'13" 8 1 I I I I I I I I I I I I I I I I 40°48'12" E _ awr o i. v . v >b 8 ) m v C v ,.• . ' 4 o 63 m —4O 8o co G 8 * • 8 —e 0icr 8 —<0 in � . o s . o �� i - v 40°47'35" 1 1 I 1 1 1 1 1 1 1 I 1 1 I 1 1 1 572300 572400 572500 572600 572700 572800 572900 571000 573100 573200 573300 573400 573500 573600 573700 573800 573900 Map Scale:1:8,260 if printed on A size(8.5"x 11")sheet N Meters • A 0 100 200 400 600 Feet 0 450 900 1,800 2.700 ..U_SDA Natural Resources Web Soil Survey 3/27/2012 a Conservation Service National Cooperative Soil Survey Page 1 of 3 Soil Map—Weld County,Colorado, Northern Part MAP LEGEND MAP INFORMATION Area of Interest(AOl) 0) Very Stony Spot Map Scale: 1:8,260 if printed on A size(8.5"x 11")sheet. Area of Interest(AO') t Wet Spot The soil surveys that comprise your AOl were mapped at 1:24,000. Soils Other Soil Map Units Warning: Soil Map may not be valid at this scale. Special Line Features Special Point Features Gully Enlargement of maps beyond the scale of mapping can cause 1.o Blowout misunderstanding of the detail of mapping and accuracy of soil line • . Short Steep Slope placement.The maps do not show the small areas of contrasting ® Borrow Pit soils that could have been shown at a more detailed scale. Other Clay Spot Political Features Please rely on the bar scale on each map sheet for accurate map ♦ Closed Depression ® Cities measurements. X Gravel Pit Water Features Source of Map: Natural Resources Conservation Service Web Soil Survey URL: http://websoilsurvey.nrcs.usda.gov Gravelly Spot Streams and Canals Coordinate System: UTM Zone 13N NAD83 G Landfill Transportation This product is generated from the USDA-NRCS certified data as of A Lava Flow a-tr- Rails the version date(s)listed below. ,il. Marsh or swamp .".0 Interstate Highways Soil Survey Area: Weld County,Colorado,Northern Part - US Routes Survey Area Data: Version 8,Apr 30.2009 2 Mine or Quarry p Miscellaneous Water Major Roads Date(s)aerial images were photographed: 7/7/2005;6/23/2005 p Perennial Water iv Local Roads The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background v Rock Outcrop imagery displayed on these maps.As a result,some minor shifting 1- Saline Spot of map unit boundaries may be evident. Sandy Spot Severely Eroded Spot p Sinkhole 3' Slide or Slip 0 Sodic Spot Spoil Area Stony Spot USDA Natural Resources Web Soil Survey 3/27/2012 �� Conservation Service National Cooperative Soil Survey Page 2 of 3 Hydrologic Soil Group—Weld County,Colorado, Northern Part to ir, 572300 572400 572500 572600 572700 572800 572900 573000 573100 573200 573300 573400 573500 573600 573700 573800 573900 40°48'13' I I I I I L I 1 I I I I I I I r I I 40'48'12" p' v ll '4] M \ it* 4 e e \ 1/4... ,,'; ♦` O efd N. CO -- 7:- r---- - --- - — ul e o 80 1 I o o o el 1 y Ito • art 11��))�} p 4 fll .. Y � 7j_ h to P' }I j .•� re' 1' r y t y 40°4736" e 1 1 I I I I I I I I I I 11 1 1 1 40'47'35" 572300 572400 572500 572600 572700 572800 572900 573000 573100 573200 573300 573400 573500 573600 573700 573800 573900 55 Map scale':1:8,260 if printed on A size(8.5"x 11")sheet 75 N Meters 0 100 200 400 600 Feet O 0 450 900 1,800 2.700 USDA Natural Resources Web Soil Survey 3/27/2012 a Conservation Service National Cooperative Soil Survey Page 1 of 4 Hydrologic Soil Group—Weld County,Colorado, Northern Part MAP LEGEND MAP INFORMATION Area of Interest(AO!) Map Scale: 1:8,260 if printed on A size(8.5"x 11")sheet. _i Area of Interest(AOl) The soil surveys that comprise your AOI were mapped at 1:24,000. Soils Soil Map Units Warning:Soil Map may not be valid at this scale. Soil Ratings Enlargement of maps beyond the scale of mapping can cause n A misunderstanding of the detail of mapping and accuracy of soil line placement.The maps do not show the small areas of contrasting n ND soils that could have been shown at a more detailed scale. B Please rely on the bar scale on each map sheet for accurate map n B/D measurements. 0 c Source of Map: Natural Resources Conservation Service n C/D Web Soil Survey URL: http://websoilsurvey.nrcs.usda.gov Coordinate System: UTM Zone 13N NAD83 n D This product is generated from the USDA-NRCS certified data as of Not rated or not available the version date(s)listed below. Political Features Soil Survey Area: Weld County,Colorado, Northern Part ® Cities Survey Area Data: Version 8,Apr 30,2009 Water Features Date(s)aerial images were photographed: 7/7/2005;6/23/2005 Streams and Canals The orthophoto or other base map on which the soil lines were Transportation compiled and digitized probably differs from the background Rails imagery displayed on these maps.As a result,some minor shifting of map unit boundaries may be evident. ,nr Interstate Highways US Routes Major Roads Local Roads USDA Natural Resources Web Soil Survey 3/27/2012 arm Conservation Service National Cooperative Soil Survey Page 2 of 4 Hydrologic Soil Group—Weld County,Colorado, Northern Part Hydrologic Soil Group Hydrologic Soil Group—Summary by Map Unit—Weld County,Colorado,Northern Part(CO617) Map unit symbol Map unit name Rating Acres in AOI Percent of AOI 4 Ascalon fine sandy loam,0 to 6 B 40.2 18.1% percent slopes 8 Ascalon-Bushman-Curabith B 27.9 12.6% complex,3 to 15 percent slopes 27 Epping silt loam,0 to 9 percent D 5.1 2.3% slopes 32 Kim-Mitchell complex,6 to 9 B 20.2 9.1% percent slopes 51 Peetz gravelly sandy loam,5 to 20 A 101.8 45.9% percent slopes 61 Stoneham fine sandy loam,0 to 6 B 12.4 5.6% percent slopes 67 Thedalund-Keota foams,3 to 9 C 14.2 6.4% percent slopes Totals for Area of Interest 221.8 100.0% USDA Natural Resources Web Soil Survey 3/27/2012 Conservation Service National Cooperative Soil Survey Page 3 of 4 Hydrologic Soil Group—Weld County,Colorado, Northern Part Description Hydrologic soil groups are based on estimates of runoff potential. Soils are assigned to one of four groups according to the rate of water infiltration when the soils are not protected by vegetation, are thoroughly wet, and receive precipitation from long-duration storms. The soils in the United States are assigned to four groups (A, B, C, and D) and three dual classes (ND, B/D, and C/D). The groups are defined as follows: Group A. Soils having a high infiltration rate (low runoff potential) when thoroughly wet. These consist mainly of deep, well drained to excessively drained sands or gravelly sands. These soils have a high rate of water transmission. Group B. Soils having a moderate infiltration rate when thoroughly wet. These consist chiefly of moderately deep or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. Group C. Soils having a slow infiltration rate when thoroughly wet. These consist chiefly of soils having a layer that impedes the downward movement of water or soils of moderately fine texture or fine texture.These soils have a slow rate of water transmission. Group D. Soils having a very slow infiltration rate (high runoff potential) when thoroughly wet. These consist chiefly of clays that have a high shrink-swell potential, soils that have a high water table, soils that have a claypan or clay layer at or near the surface, and soils that are shallow over nearly impervious material. These soils have a very slow rate of water transmission. If a soil is assigned to a dual hydrologic group (ND, B/D, or C/D), the first letter is for drained areas and the second is for undrained areas. Only the soils that in their natural condition are in group D are assigned to dual classes. Rating Options Aggregation Method: Dominant Condition Component Percent Cutoff. None Specified Tie-break Rule: Higher U_SD≥ Natural Resources Web Soil Survey 3/27/2012 la Conservation Service National Cooperative Soil Survey Page 4 of 4 Map Unit Description(Brief,Generated)—Weld County,Colorado.Northern Part Pawnee Aggregate Mine Map Unit Description (Brief, Generated) The map units delineated on the detailed soil maps in a soil survey represent the soils or miscellaneous areas in the survey area. The map unit descriptions in this report, along with the maps, can be used to determine the composition and properties of a unit. A map unit delineation on a soil map represents an area dominated by one or more major kinds of soil or miscellaneous areas. A map unit is identified and named according to the taxonomic classification of the dominant soils. Within a taxonomic class there are precisely defined limits for the properties of the soils. On the landscape, however, the soils are natural phenomena, and they have the characteristic variability of all natural phenomena. Thus, the range of some observed properties may extend beyond the limits defined for a taxonomic class. Areas of soils of a single taxonomic class rarely, if ever, can be mapped without including areas of other taxonomic classes. Consequently, every map unit is made up of the soils or miscellaneous areas for which it is named and some minor components that belong to taxonomic classes other than those of the major soils. The Map Unit Description (Brief, Generated) report displays a generated description of the major soils that occur in a map unit. Descriptions of non-soil (miscellaneous areas) and minor map unit components are not included. This description is generated from the underlying soil attribute data. Additional information about the map units described in this report is available in other Soil Data Mart reports, which give properties of the soils and the limitations, capabilities, and potentials for many uses. Also, the narratives that accompany the Soil Data Mart reports define some of the properties included in the map unit descriptions. Report—Map Unit Description (Brief, Generated) Weld County, Colorado, Northern Part Map Unit: 4—Ascalon fine sandy loam, 0 to 6 percent slopes Component: Ascalon (85%) The Ascalon component makes up 85 percent of the map unit. Slopes are 0 to 6 percent. This component is on plains. The parent material consists of calcareous loamy alluvium. Depth to a root restrictive layer is greater than 60 inches. The natural drainage class is well drained. Water movement in the most restrictive layer is moderately high. Available water to a depth of 60 inches is moderate. Shrink- swell potential is low. This soil is not flooded. It is not ponded. There is no zone of water saturation within a depth of 72 inches. Organic matter content in the surface horizon is about 2 percent. This component is in the R067BY002CO Loamy Plains ecological site. Nonirrigated land capability classification is 3e. Irrigated land capability classification is 3e. This soil does not meet hydric criteria. The calcium carbonate equivalent within 40 inches, typically, does not exceed 5 percent. Component: Olney (8%) USDA Natural Resources Web Soil Survey 2/13/2012 Conservation Service National Cooperative Soil Survey Page 1 of 8 Map Unit Description(Brief,Generated)—Weld County,Colorado,Northern Part Pawnee Aggregate Mine Generated brief soil descriptions are created for major components. The Olney soil is a minor component. Component: Otero (7%) Generated brief soil descriptions are created for major components. The Otero soil is a minor component. Map Unit: 8—Ascalon-Bushman-Curabith complex, 3 to 15 percent slopes Component: Ascalon (35%) The Ascalon component makes up 35 percent of the map unit. Slopes are 3 to 15 percent. This component is on ridges, plains. The parent material consists of calcareous loamy alluvium. Depth to a root restrictive layer is greater than 60 inches. The natural drainage class is well drained. Water movement in the most restrictive layer is moderately high. Available water to a depth of 60 inches is moderate. Shrink-swell potential is low. This soil is not flooded. It is not ponded. There is no zone of water saturation within a depth of 72 inches. Organic matter content in the surface horizon is about 2 percent. This component is in the R067BY002CO Loamy Plains ecological site. Nonirrigated land capability classification is 6e. Irrigated land capability classification is 6e. This soil does not meet hydric criteria. The calcium carbonate equivalent within 40 inches, typically, does not exceed 5 percent. Component: Bushman (25%) The Bushman component makes up 25 percent of the map unit. Slopes are 3 to 15 percent. This component is on plains, ridges. The parent material consists of calcareous loamy alluvium. Depth to a root restrictive layer is greater than 60 inches. The natural drainage class is well drained. Water movement in the most restrictive layer is high.Available water to a depth of 60 inches is moderate. Shrink- swell potential is low. This soil is not flooded. It is not ponded. There is no zone of water saturation within a depth of 72 inches. Organic matter content in the surface horizon is about 2 percent. This component is in the R067BY024CO Sandy Plains ecological site. Nonirrigated land capability classification is 6e. Irrigated land capability classification is 6e. This soil does not meet hydric criteria. The calcium carbonate equivalent within 40 inches, typically, does not exceed 13 percent. Component: Curabith (20%) The Curabith component makes up 20 percent of the map unit. Slopes are 3 to 15 percent. This component is on plains, ridges. The parent material consists of calcareous loamy alluvium. Depth to a root restrictive layer is greater than 60 inches. The natural drainage class is well drained. Water movement in the most restrictive layer is moderately high. Available water to a depth of 60 inches is low. Shrink-swell potential is low. This soil is not flooded. It is not ponded. There is no zone of water saturation within a depth of 72 inches. Organic matter content in the surface horizon is about 2 percent. This component is in the R067BY060CO Limestone Breaks ecological site. Nonirrigated land capability classification is 6e. This soil does not meet hydric criteria. The calcium carbonate equivalent within 40 inches, typically, does not exceed 20 percent. USDA Natural Resources Web Soil Survey 2/13/2012 Conservation Service National Cooperative Soil Survey Page 2 of 8 Map Unit Description(Brief,Generated)—Weld County,Colorado,Northern Part Pawnee Aggregate Mine Component: Wages (9%) Generated brief soil descriptions are created for major components. The Wages soil is a minor component. Component: Platner(5%) Generated brief soil descriptions are created for major components. The Platner soil is a minor component. Component: Nucla (3%) Generated brief soil descriptions are created for major components. The Nucla soil is a minor component. Component: Nunn (3%) Generated brief soil descriptions are created for major components. The Nunn soil is a minor component. Map Unit: 27—Epping silt loam, 0 to 9 percent slopes Component: Epping (85%) The Epping component makes up 85 percent of the map unit. Slopes are 0 to 9 percent. This component is on plains. The parent material consists of calcareous loamy residuum weathered from siltstone. Depth to a root restrictive layer, bedrock, paralithic, is 10 to 20 inches. The natural drainage class is well drained. Water movement in the most restrictive layer is moderately high.Available water to a depth of 60 inches is very low. Shrink-swell potential is low. This soil is not flooded. It is not ponded. There is no zone of water saturation within a depth of 72 inches. Organic matter content in the surface horizon is about 1 percent. This component is in the R067BY039CO Shallow Siltstone ecological site. Nonirrigated land capability classification is 6s. This soil does not meet hydric criteria. The calcium carbonate equivalent within 40 inches, typically, does not exceed 13 percent. Component: Keota (5%) Generated brief soil descriptions are created for major components.The Keota soil is a minor component. Component: Thedalund (4%) Generated brief soil descriptions are created for major components.The Thedalund soil is a minor component. Component: Kim (3%) Generated brief soil descriptions are created for major components. The Kim soil is a minor component. USDA Natural Resources Web Soil Survey 2/13/2012 Conservation Service National Cooperative Soil Survey Page 3 of 8 Map Unit Description(Brief,Generated)—Weld County,Colorado,Northern Part Pawnee Aggregate Mine Component: Mitchell (3%) Generated brief soil descriptions are created for major components. The Mitchell soil is a minor component. Map Unit: 32—Kim-Mitchell complex, 6 to 9 percent slopes Component: Kim (45%) The Kim component makes up 45 percent of the map unit. Slopes are 6 to 9 percent. This component is on fans, alluvial fans, plains. The parent material consists of calcareous loamy alluvium and/or colluvium. Depth to a root restrictive layer is greater than 60 inches.The natural drainage class is well drained.Water movement in the most restrictive layer is moderately high. Available water to a depth of 60 inches is high. Shrink-swell potential is low.This soil is not flooded. It is not ponded. There is no zone of water saturation within a depth of 72 inches. Organic matter content in the surface horizon is about 1 percent. This component is in the R067BY002CO Loamy Plains ecological site. Nonirrigated land capability classification is 6e. Irrigated land capability classification is 6e. This soil does not meet hydric criteria. The calcium carbonate equivalent within 40 inches, typically, does not exceed 10 percent. Component: Mitchell (35%) The Mitchell component makes up 35 percent of the map unit. Slopes are 6 to 9 percent. This component is on alluvial fans, fans, plains. The parent material consists of calcareous loamy alluvium. Depth to a root restrictive layer is greater than 60 inches. The natural drainage class is well drained. Water movement in the most restrictive layer is moderately high. Available water to a depth of 60 inches is high. Shrink-swell potential is low. This soil is not flooded. It is not ponded. There is no zone of water saturation within a depth of 72 inches. Organic matter content in the surface horizon is about 1 percent.This component is in the R067BY009CO Siltstone Plains ecological site. Nonirrigated land capability classification is 6e. Irrigated land capability classification is 6e. This soil does not meet hydric criteria. The calcium carbonate equivalent within 40 inches, typically, does not exceed 13 percent. Component: Keota (7%) Generated brief soil descriptions are created for major components. The Keota soil is a minor component. Component: Thedalund (7%) Generated brief soil descriptions are created for major components.The Thedalund soil is a minor component. Component: Haverson (6%) Generated brief soil descriptions are created for major components. The Haverson soil is a minor component. USDA Natural Resources Web Soil Survey 2/13/2012 Conservation Service National Cooperative Soil Survey Page 4 of 8 Map Unit Description(Brief,Generated)—Weld County,Colorado,Northern Part Pawnee Aggregate Mine Map Unit: 44—Olney fine sandy loam, 0 to 6 percent slopes Component: Olney (85%) The Olney component makes up 85 percent of the map unit. Slopes are 0 to 6 percent. This component is on plains. The parent material consists of calcareous loamy alluvium. Depth to a root restrictive layer is greater than 60 inches. The natural drainage class is well drained. Water movement in the most restrictive layer is moderately high. Available water to a depth of 60 inches is moderate. Shrink- swell potential is low. This soil is not flooded. It is not ponded. There is no zone of water saturation within a depth of 72 inches. Organic matter content in the surface horizon is about 1 percent. This component is in the R067BY002CO Loamy Plains ecological site. Nonirrigated land capability classification is 4c. This soil does not meet hydric criteria. The calcium carbonate equivalent within 40 inches, typically, does not exceed 5 percent. Component: Stoneham (9%) Generated brief soil descriptions are created for major components.The Stoneham soil is a minor component. Component: Ascalon (6%) Generated brief soil descriptions are created for major components. The Ascalon soil is a minor component. Map Unit: 51—Peetz gravelly sandy loam, 5 to 20 percent slopes Component: Peetz (80%) The Peetz component makes up 80 percent of the map unit. Slopes are 5 to 20 percent. This component is on breaks, ridges. The parent material consists of calcareous gravelly alluvium. Depth to a root restrictive layer is greater than 60 inches. The natural drainage class is somewhat excessively drained. Water movement in the most restrictive layer is high. Available water to a depth of 60 inches is low. Shrink-swell potential is low. This soil is not flooded. It is not ponded. There is no zone of water saturation within a depth of 72 inches. Organic matter content in the surface horizon is about 3 percent. This component is in the R067BY063CO Gravel Breaks ecological site. Nonirrigated land capability classification is 6e. Irrigated land capability classification is 6e. This soil does not meet hydric criteria. The calcium carbonate equivalent within 40 inches, typically, does not exceed 13 percent. Component: Wages (10%) Generated brief soil descriptions are created for major components. The Wages soil is a minor component. Component: Altvan (5%) USDA Natural Resources Web Soil Survey 2/13/2012 Conservation Service National Cooperative Soil Survey Page 5 of 8 Map Unit Description(Brief,Generated)—Weld County,Colorado,Northern Part Pawnee Aggregate Mine Generated brief soil descriptions are created for major components.The Altvan soil is a minor component. Component: Ascalon (3%) Generated brief soil descriptions are created for major components. The Ascalon soil is a minor component. Component: Bushman (2%) Generated brief soil descriptions are created for major components. The Bushman soil is a minor component. Map Unit: 61—Stoneham fine sandy loam, 0 to 6 percent slopes Component: Stoneham (90%) The Stoneham component makes up 90 percent of the map unit. Slopes are 0 to 6 percent. This component is on alluvial fans, plains. The parent material consists of calcareous loamy alluvium. Depth to a root restrictive layer is greater than 60 inches. The natural drainage class is well drained. Water movement in the most restrictive layer is moderately high. Available water to a depth of 60 inches is moderate. Shrink-swell potential is low. This soil is not flooded. It is not ponded. There is no zone of water saturation within a depth of 72 inches. Organic matter content in the surface horizon is about 1 percent. This component is in the R067BY002CO Loamy Plains ecological site. Nonirrigated land capability classification is 4e. Irrigated land capability classification is 4e. This soil does not meet hydric criteria. The calcium carbonate equivalent within 40 inches, typically, does not exceed 9 percent. Component: Kim (5%) Generated brief soil descriptions are created for major components. The Kim soil is a minor component. Component: Mitchell (5%) Generated brief soil descriptions are created for major components. The Mitchell soil is a minor component. Map Unit: 67—Thedalund-Keota loams, 3 to 9 percent slopes Component: Thedalund (45%) USDA Natural Resources Web Soil Survey 2/13/2012 a Conservation Service National Cooperative Soil Survey Page 6 of 8 Map Unit Description(Brief,Generated)—Weld County,Colorado,Northern Part Pawnee Aggregate Mine The Thedalund component makes up 45 percent of the map unit. Slopes are 3 to 9 percent. This component is on plains, ridges, alluvial fans. The parent material consists of residuum weathered from siltstone and/or calcareous loamy residuum weathered from sandstone and shale. Depth to a root restrictive layer, bedrock, paralithic, is 20 to 40 inches. The natural drainage class is well drained. Water movement in the most restrictive layer is moderately high.Available water to a depth of 60 inches is low. Shrink-swell potential is moderate. This soil is not flooded. It is not ponded. There is no zone of water saturation within a depth of 72 inches. Organic matter content in the surface horizon is about 1 percent. This component is in the R067BY002CO Loamy Plains ecological site. Nonirrigated land capability classification is 6e. Irrigated land capability classification is 4e. This soil does not meet hydric criteria. The calcium carbonate equivalent within 40 inches, typically, does not exceed 10 percent. The soil has a very slightly saline horizon within 30 inches of the soil surface. Component: Keota (30%) The Keota component makes up 30 percent of the map unit. Slopes are 3 to 9 percent. This component is on alluvial fans, plains, ridges. The parent material consists of calcareous loamy residuum weathered from siltstone. Depth to a root restrictive layer, bedrock, paralithic, is 20 to 40 inches. The natural drainage class is well drained. Water movement in the most restrictive layer is moderately high. Available water to a depth of 60 inches is low. Shrink-swell potential is low. This soil is not flooded. It is not ponded. There is no zone of water saturation within a depth of 72 inches. Organic matter content in the surface horizon is about 1 percent. This component is in the R067BY009CO Siltstone Plains ecological site. Nonirrigated land capability classification is 6e. Irrigated land capability classification is 4e. This soil does not meet hydric criteria. The calcium carbonate equivalent within 40 inches, typically, does not exceed 5 percent. Component: Epping (10%) Generated brief soil descriptions are created for major components. The Epping soil is a minor component. Component: Kim (5%) Generated brief soil descriptions are created for major components. The Kim soil is a minor component. Component: Mitchell (5%) Generated brief soil descriptions are created for major components. The Mitchell soil is a minor component. Component: Shingle (5%) Generated brief soil descriptions are created for major components. The Shingle soil is a minor component. USDA Natural Resources Web Soil Survey 2/13/2012 Conservation Service National Cooperative Soil Survey Page 7 of 8 Map Unit Description(Brief,Generated)—Weld County,Colorado,Northern Part Pawnee Aggregate Mine Data Source Information Soil Survey Area: Weld County, Colorado, Northern Part Survey Area Data: Version 8, Apr 30, 2009 USDA Natural Resources Web Soil Survey 2/13/2012 Conservation Service National Cooperative Soil Survey Page 8 of 8 EXHIBIT J Vegetation Information (1) (a) The site is sparsely-vegetated native rangeland with grasses,yucca,and cactus.The site has been utilized as rangeland;the site planned for gravel excavation and processing has not been irrigated or cultivated. No trees are present on the site. Existing vegetation consists of grama grasses,cactus and yucca. Due to over grazing and erosion the site is sparsely vegetated. (b) The present vegetation is consistent across the entire site. Refer to attached site photos. (c) N/A (2) The present vegetation is consistent across the entire site. Refer to attached site photos. 1 ''Al ate. ::, Y' "'jilt".. \.€ __ Vv :_ f 4 *tic:, p�: ''..rl t' p tabs le rite j -a. _-ffe4,l �," " r, — • • rR` \ •1 , c r - y._w w • s Y lf'f k•. •_ .. . ._ . . ,fi•- a 'zit: 2 f • • 9 flw t Yom\ .. wpr. V ; Jig'CUP: 4%744,4., ♦1hA n --- w . . -.,..• 3. . .. . . .. _ _ _ Lr. ».715"" `S " +f' - .. . , . . _ _ •-a'4e,- . fie r .yvaar. sl r__ '4.e v f 'J " i ' cF- , y3r � .i.#2 * rv� ;j . .,yra, _ ._ . _ .. ':_�_. Ski - •! •'_ - • - . 3 EXHIBIT K Climate Information The Pawnee Aggregate site is classified as semi-arid and the area is similar in climate to the Greeley,CO. Greeley experiences a semi-arid climate (Koppen B5k). High temperatures are generally around 90°F- 950F (32°C) in the summer and 40°F-45°F (4°C) in the winter, although there is significant variation. The hottest days generally occur around the third week of July and the coldest in January. Nighttime lows are near 60°F(16°C) in the summer and around 15°F-20°F(-9°C) in the winter. Record high temperatures of 106°F (41 °C) have been recorded, as have record low temperatures of-25°F (-32°C). The first freeze typically occurs around October 10 and the last can be as late as May 1. Extra tropical cyclones which disrupt the weather for the eastern two-thirds of the US often originate in or near Colorado, which means Greeley does not experience many fully developed storm systems. Warm fronts, sleet, and freezing rain are practically non-existent here. In addition, the city's proximity to the Rocky Mountains and lower elevation, compared to the mountains west of the city, result in less precipitation and fewer thunderstorms.This is paradoxical, because adjacent areas(mostly farmland)experience between 7 and 9 hail days per year. The climate in Greeley,as well as all of Colorado, is extremely dry. The Chinook winds coming off the mountains often raise temperatures to near 70°F (21°C) in January and February, and sometimes to near 90°F (32°C) in April. Greeley's elevation and low year-round humidity means that nighttime low temperatures are practically never above 68°F (20°C),even in the very hottest part of the summer. The diurnal temperature range is usually rather wide, with a 50- degree (Fahrenheit) difference between daytime high and nighttime low not uncommon, especially in the spring and fall months.Rapid fluctuation in temperature is also common —a sunny 80°F (27°C) October afternoon can easily give way to a 28°F (-2°C) night. Climate data for Greeley,Colorado Month Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Year Record high°F(°C) 74 76 82 91 96 103 106 102 99 91 80 75 106 (23) (24) (28) (33) (36) (39) (41) (39) (37) (33) (27) (24) , (41) Avenge high°F(° 40.0 46.2 55.0 63.0 72.3 83.1 88.7 86.6 78.2 66.0 49.7 413 64.18 C) (4.4) (7.9) (12.8) (17.2) (22.4) (28.4) (31.5) (30.3) (25.7) (18.9) (9.8) (5.2) .(17.88) Average low°F(° 15.6 20.9 28.0 35.8 45.4 54.2 59.3 57.5 48.2 36.9 25.4 17.2 37.03 C) (-9.1) (-6.2) (-2.2) (2.1) (7.4) (12.3) (15.2) (14.2) (9.0) (2.7) (-3.7) (-82) (2.80) Record low°F(°C) -25 -20 -4 -3 25 35 42 41 17 5 -7 -24 5 -25 (-32) (-?9) (-20) (-19) (-4) (2) (6) (5) (-8) (-15) (-22) 1-31)', (-32) Precipitation inches 0.53 0.38 1.16 1.81 2.55 1.80 1.42 1.18 1.19 0.89 0.84 0.47 14.22 (mm) (13.5) (9.7) (29.5) (46) (64.8) (45.7) (36.1) (30) (30.2) (22.6) (21.3) (11.9) (361.2) Snowfall inches 6.5 4.4 7.8 6.3 0.8 0 0 0 0.9 2.6 8.5 5.8 43.6 (em) 116.5) (11.2) (19.8) (16) (2) (0) (0) (0) (23) (6.6) (21.61 114.7);(110.7) Source:NOAH —..- -- -_ EXHIBIT L Reclamation Costs Refer to the attached mine reclamation map (Exhibit F)showing the proposed gradient of all disturbed slopes and the location of revegetation areas. It is anticipated that no ponds will be constructed or remain on site. The anticipated average thickness of overburden is minimal. Overburden and excavated soil materials unsuitable for road construction will be used to backfill excavated areas and for site re- grading to stable slopes. Stockpiled topsoil will be placed on re-graded areas prior to re-seeding with approved plant type seed mixes. Final site reclamation costs include the cost of native dry land grass seed and mulch application. (1) The estimated costs for Reclamation will include seeding and mulching. Per the County Vegetation Specialist, irrigation is not required. Reclamation Seed Mix: $196/acre Certified Weed-free Straw Mulch: $100/acre Total Reclamation Costs(Seed &Mulch):$296/acre *76±acres=$22,500 (2) Please refer to Seed Quote from Pawnee Buttes Seed Inc. on the following page. P.O.Box 100,605 25th Street Greeley,CO 80632 970.356.7002,1.800-782-5947,970-356-7263 fax Email: info@PawneeButtesSeed.com www.PawneeButtesSeed.com Pawnee Buttes Seed Inc. *** SEED QUOTE *** Customer. Patrick Companies Date: 04/069/2012 Contact: Ben Winsor Phone: 303/532-8625 Address: Fax: City,State,Zip: Acres: 80 Job Name: Northern CO seed mix Seeding Rate/Acre: Common Name PL8 Lbs Buffalograss 3.00 Little Bluestem 2.50 Sideoats Grama 2.00 Blue Grama 3.00 Sand Dropseed 0.50 Switchgrass 2.00 Western Wheatgrass 1.00 Totals 14.00 PLS Lbs= 1120.00 Bid Price is= $14.00 /PLS Lb Total Mix Price= $15,680.00 $196.00 /Acre Sates Staff- Glenn EXHIBIT M Other Permits and Licenses Colorado Department of Public Health and Environment(CDPHE).The applicant will apply for the NPDES and storm Water Discharge Permit through the Water Quality Control Division (WQCD). Colorado Department of Public Health and Environment(CDPHE).The applicant will apply for an air pollution emission notice (APEN)through the Air Pollution Control Division (APCD). Weld County Planning Department. The applicant will apply for a Use by Special Review(USR) Permit for approval by the Weld County Board of County Commissioners. The operation will comply with Weld County zoning regulations. EXHIBIT N Source of Legal Right to Enter By Landowner of Record: Daniel P. Dietzler 150 N. Montclair Glen Ellyn, IL 60137 Applicant/Operator: Dietzler Construction Corporation Statement of Legal Right to Enter and Mine: Please accept this statement as evidence that the applicant, Dietzler Construction Corporation has permission to enter and initiate the sand and gravel mining operation on the affected lands. By signing this statement, I warrant that I have the legal and sole ownership of the affected lands, and authority to offer this permission. LANDOWNER: ,, - L. Q 4 )2. Daniel P. Dietzler a STATE OF Illinois ) )ss COUNTY OF Cook ) The foregoing instrument was acknowledged before me this 4 day of April 2012, by Daniel P. Dietzler �••••• ee000 "OFFICIAL SEAL" e : JANICE A. HICKEY : : Notary Public,State of Illinois : n :My Commission Expires 0311B/2015: I Witness my hand and official seal. , �J i / My commission expires on: (2O//�'/:)0/5 /-4I14.L(,) t j(- cu!' EXHIBIT 0 Owner(s)of Record of Affected Land(Surface Area) and Owners of Substance to be Mined Landowner of Record: Daniel P. Dietzler 150 N. Montclair Glen Ellyn, IL 60137 Owners of Substance to be Mined: Black Hawk Royalty II LP Casper Mountain Royalty LP C/O Josh Leffler 7303 N. Hwy 81 7303 North Highway 81 Duncan,OK 73533 Duncan,OK 73533 Tamera K. Martin MARR LLC 790 Highway 86 5139 S.Genoa Court Dimmitt,TX 79027 Centennial,CO 80015 Daniel P. Dietzler Industrial Federal Savings and Loan Association 150 N. Montclair Ave. PO Box 3499 Glyn Ellen, IL 60137 Tulsa,OK 74101 Gerald Lee Roth 3200 WCR 49 Greeley,CO 80631 MAP Royalty Inc. 101 North Robinson Ste 1000 Oklahoma City,OK 73105-5514 Cory Shull 1415 Boulder St. Colorado Springs,CO 80909 EXHIBIT P Municipalities Within Two Miles The proposed Pawnee Aggregate site lies in unincorporated Weld County. There are no municipalities within a two mile radius of the proposed mining site. EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Conservation District Copies of the permit application and notice of filing application were sent to: Weld County Board of Commissioners 1150 O Street P.O. Box 758 Greeley, CO 80632 West Greely Conservation District 4302 W. 9`h Street Road Greeley, CO 80634 Copies of the certified mailing receipts and notices are attached. SEN•E':C•M LETETHISSECTI•N . C•M LETS THISSECTI•N •N •ELIVE • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired, X ❑Agent • Print your name and address on the reverse ❑Addressee so that we can return the card to you. D. Rece' by, Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, 'aho R+•ragcr or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No Weld 6m/6 board el Eoiniksioner IisD UU 5+ra+ P. D. BoX 756 /1( re.e- 601130. 3. Service Type Certified Mail ❑ Express Mail ❑ Registered O Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7008 3230 0000 1295 1155 (Transfer from service label) PS Form 3811, February 2004 Domestic Retum Receipt 102595-02-M-r SEN•E':C•M LETETHIS$ECTf•N C•M•LETETHISSECTI•N •N •ELIVE Y • Complete items 1,2,and 3.Also complete A. Signature �1 item 4 if Restricted Delivery is desired. %1 / /iC$A ent X c.),' > —�- i<. „U • Print your name and address on the reverse ! —) )2 ddressee so that we can return the card to you. 8.,Received b (Pd_ed Name) - C.Z D. e of De ivery • Attach this card to the back of the mailpiece, �I „r ! or on the front if space permits. f u,i� 1 ) %e/ o-r-f • D. Is delivery address different from item 1? • Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No cr rd o Supervisors West C,cec.l ey Conscrvation l son'f ^143( West ` s'Siral P td I' ee,1 , CD • 86431 ( 3. Service Type 111---n1f Cl-.1J CD . '7 0 Certified Mail ❑ Express Mail ❑ Registered ❑ Retum Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Allele Number 7008 3230 0000 1295 1148 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M.1540 EXHIBIT R Proof of Filing with County Clerk and Recorder The Pawnee Aggregate Regular (112) Operation Reclamation Permit application was delivered to the Weld County Clerk and Recorder on April 9, 2012 for public review. A signed receipt from the office of the Weld County Clerk and Recorder is attached. PGNEERI ENGINEERING TRANSMITTAL COVER LETTER Date: April 9, 2012 Patrick Engineering Inc. Project Name: Pawnee Aggregate 1400 W. 122nd Ave Suite 102 Project No: 21273.007 Westminster, CO 80234 (303) 532-8620 TO: Weld County Clerk& Recorder Subject: Pawnee Aggregate 1402 N 17`h Avenue DRMS Regular(112) Operations Permit Greeley, CO 80631 970.353.3840 WE ARE SENDING YOU: ❑ Attached ❑ Under separate cover ❑ Plans ❑ Copy of letter ❑ Request for proposal ❑ Specifications ❑ Report ❑ Change order ❑ Shop Drawings ❑ Samples ® Payment request ❑ Construction Materials Regular(112) Operation Reclamation Permit Application NO. DATE COPIES DESCRIPTION 1 4.9.12 1 Reclamation Permit Application for Public Viewing Copy of State THESE ARE TRANSMITTED: ❑ As requested ❑ For review& comment; please take the following action: ❑ For your use ❑ For approval ❑ FOR BIDS DUE SINGATURE �, OF RECIEPT: ��<� Uvin u I LL r (1-/, COPY TO: 'SIGNED: Mickey Leyba-Farnsworth TITLE: Project Manager Address: 1400 W 122nd Avenue,Suite 102 Westminster, Colorado 80234 Phone: (303) 594-4542 Fax: (303) 532-9621 Email: mleyba@partickco.com Patrick Engineering Inc. Partnering to Build Better Infrastructure 042506 ✓ VV ' . Pawnee Aggregate Pit cVELD C0o Ens Construction Materials 1012 APR -9 P 4 41 Regular (112) Operation RECEIVED Reclamation Permit Application Prepared For: Division of Reclamation, Mining, and Safety 1313 Sherman Street, Room 215 Denver, CO 80203 Landowner: Daniel P. Dietzler 150 N. Montclair Glen Ellyn, IL 60137 Operator: Dietzler Construction Corporation 1306 Main Street Torrington, WY 82240 Prepared By: PATRICK ENGINEERING Patrick Engineering, Inc. 1400 West 122nd Avenue, Suite 102 Westminster, CO 80234 Date Prepared: April 2012 EXHIBIT S Permanent Man-made Structures Weld County Road 112, a County-maintained graded gravel road extends east-west between the two property parcels. Weld County Road 99,which is not a currently a County-maintained road extends north-south along the east property line of the Pawnee Aggregate site. This road is an existing gravel drive that is utilized by the landowner. Visual reconnaissance of the proposed gravel excavation and gravel processing areas revealed no evidence of past or present structures,foundations or other man-made features. A north- south oriented set of overhead power lines on wooden poles traverses the eastern-most property boundary adjacent to the prescriptive right-of-way for WCR 99. There are no other man-made structures within 200 feet of the Pawnee Aggregate Pit site. ADDENDUM 1 Notice Requirements Copies of certified mailing receipts as well as of the notice of filing with the Weld County Board of County Commissioners and West Greeley Conservation District are included in Exhibit Q. A receipt of the notice of filing at the Weld County Clerk and Recorders Office is included in Exhibit R. The signed certification for posting at the site, including photos of the posting, is attached within this section. 1 z = - A .'. - ariVr Y t 'yl ,: r J v� ,,,.....1..4... L Sh .y ' y�' #f• �� it �,• ,tc-i i¢ .-- f l,!a idD��ta aP 11 �fL.. 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