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Home My WebLink About20121902.tiff L.G. EVERIST, INC. CORPORATE OFFICE 300 S.PHILLIPS AVE.•SUITE 200 P.O.BOX 5829 SIOUX FALLS,SD 57117-5829 ■�\� PHONE 605-334-5000 FAX 605-334-3656 MOUNTAIN DIVISION 7321 E.88TH AVENUE•SUITE 200 HENDERSON,COLORADO 80640 303-287.9606 FAX 303-289-1348 July 20, 2012 Weld County Board of County Commissioners 915 10th Street Greeley, Colorado 80631 Dear Board Members; Re: Amended application for a Mined Land Reclamation Permit We are delivering to you here a Notice of Application and supporting documents for the Fort Lupton Sand and Gravel Mine to be operated by L.G. Everist, Incorporated, pursuant to rule 2.2.2(1) , Colorado Mined Land Reclamation Board - Mineral Rules and Regulations. 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, L.G. Everist, Inc. , &1443/(AVIR5 m O coO Lynn M. Shults 'C ljrn Z Z Q - cn-< enclosure O CD RECEIVED THIS cv--, DAY OF Scx 2012 Weld County� Board of County Commissioners By 3.9 P-A --_- VMR^— Title -1'A( ZU Lk boo-4-61 7-95-/a �3/a 2012-1902 L.G. EVERIST, INC. CORPORATE OFFICE 300 S.PHILLIPS E •SUITE 200 P.O.BOX 5829 SIOUX FALLS,SD 57117-5829 ■�\� PHONE 605-605-3345000 FAX 605-334-3656 MOUNTAIN DIVISION 7321 E.88TH AVENUE•SUITE 200 HENDERSON.COLORADO 80640 303.287.9606 FAX 303-289-1348 NOTICE OF FILING FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATIONS NOTICE TO THE WELD COUNTY BOARD OF COUNTY COMMISSIONERS L.G. Everist, Incorporated (the "Applicant/Operator" ) has applied for an amendment to their Fort Lupton Sand and Gravel Mine, a regular (112) reclamation permit (M-1999-120) from the Colorado Mined Land Reclamation Board ("the Board" ) to conduct an extrac- tion of construction materials 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 Colorado Division of Reclamation, Mining & Safety ("the Division" ) and the local county clerk and recorders office . The applicant proposes to reclaim the land as Developed Water Storage. Pursuant to C.R. S. 34-32 . 5-116 (4) (m) , C.R.S . , the Board may 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 to the application within twenty (20) days of the date of last publication notice pursuant to Section 34-32 . 5-112 (10) , C.R.S . If you would like to discuss the proposed post-mining land use, or any other issue regarding this application, please contact Division of Reclamation, Mining & Safety, 1313 Sherman St . , Room 215, Denver, CO 80203, (303) 866-3567 . You may also contact the applicant directly at the above address or phone number below. L.G. Everist, Incorporated. Attention: Lynn M. Shults 303-286-2245 Hand Delivered STATE OF COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources 1313 Sherman St.,Room 215 COLORADO Denver,Colorado 80203 Phone:(303)866-3567 CONSTRUCTION MATERIALS D t V t S t o N OF RECLAMATION FAX:(303)832-8106 REGULAR(112)OPERATION MINING RECLAMATION PERMIT APPLICATION FORM SAFETY Hill Ritter,Ir. CHECK ONE: There is a File Number Already Assigned to this Operation Governor Harris D.Sherman Permit# M - - (Please reference the file number currently assigned to this operatioa)ecutive Director Amendment Application(Rule 1.10) Ronald W.Cattany New Application(Rule 1.4.5) I'' _ pp Division Director Conversion Application(Rule 1.11) Natural Resource Trustee Permit iI M -1999 -120 - (provide for Amendments and Conversions of existing permits) The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts: (1)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 81/2" X 11"or 8 112"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): L.G. Everest, Incorporated 1.1 Type of organization(corporation,partnership,etc.): Corporation 2. Operation name(pit,mine or site name): Fort Lupton Sand and Gravel Mine 3. Permitted acreage(new or existing site): 256'0 permitted acres 3.1 Change in acreage(+) 752.71 acres 3.2 Total acreage in Permit area 1,008.71 acres 4. Fees: 4.I New Application 11,7SO4‘00 application fee 4.2 New Quarry Application 4311342M quarry application 4.4 Amendment Fee 52,229.00 amendment fee 4.5 Conversion to 112 operation(set by statute) 1.2464000 conversion fee 5. Primary commoditie(s) to be mined: Gravel Sand 5.1 Incidental commoditie(s)to be mined: 1. - _ lbs/Tons/vr 2. / lbs/Tons/vr 3. / lbs/Tons/yr 4. / lbs/Tons/yr 5. / lbs/Tons/yr 5.2 Anticipated end use of primary commoditie(s)to be mined: Specification aggregates 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 6. Name of owner of subsurface rights of affected land: L.G. Everist, Incorporated If 2 or more owners,"refer to Exhibit O". 7. Name of owner of surface of affected land: L.G. Everist, Incorporated 8 Type of mining operation: t✓ Surface Underground 9 Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL.MERIDIAN(check one): 6th(Colorado) I 10th(New Mexico) Ute SECTION(write number): S 30 TOWNSHIP(write number and check direction); T 2 [.North I South RANGE(write number and check direction): R 66 r Fast {West QUARTER SECTION(check one): NE ' NW SE ` SW QUARTER/QUARTER SECTION(check one): I NE I NW ; SE SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): Approximately 1.5 miles northwest of the town of Ft. Lupton, CO. Approx. Elevation 4870'msl 10. Primary Mine Entrance Location(report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (N) 390 44' 12.98" (W) 104° 59' 3.87" Latitude(N): deg 40 min 06 sec 58 64 (2 decimal places) Longitude(W): deg 104 min 49 sec 36 06 (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 Lasting Northing -3- I L Correspondence Information: APPLICANT/OPERATOR (name,address,and phone of name to be used on permit) Contact's Name: Dennis L. Fields Title: Vice President Company Name: L.G. Everist, Inc. Street/P.O. Box: 7321 E 88th Ave., Suite 200 P O. Box: City: Henderson State: CO Zip Code: 80640 Telephone Number: (303 )_ 287-4656 Fax Number: 303 )- 289-1348 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: CO Zip Code: 80003 Telephone Number: {303 )- 423-7297 Fax Number: (303 )- 423-7599 INSPECTION CONTACT Contact's Name: Lynn M. Shults Title: Regulatory Manager Company Name: L.G. Everist, Inc. Street/P.O.Box: 7321 E 88th Ave., Suite 200 P.O. Box: City: Henderson State: CO Zip Code: 80640 Telephone Number: (303 - 286-2247 Fax Number: 3 I. 289-1348 CC: STATE OR FEDERAL LANDOWNER(if any) Agency: Street: City: State: Zip Code: Telephone Number: ( )- CC: STATE OR FEDERAL LANDOWNER(ifanv) Agency: Street: City: State: _ Zip Code: Telephone Number: ( )- _ -4- 12. Primary future(Post-mining)land use(check one): Cropland(CR) fl Pastureland(PL) ppy1-1 General Agriculture(GA) Rangeland(RL) fl Forestry(FR) , Wildlife Habitat(WL) Residential(RS) F] Recreation(RC) Industrial/Commercial(IC) _E, Developed Water Resources(WR) Solid Waste Disposal(WD) 13. Primary present land use(check on Cropland(CR) _s Pastureland(PL) General Agrieulture(GA) Rangeland(RL) • Forestry(FR) Wildlife Habitat(WL) _ Residential(RS) . Recreation(RC) II Industrial/Commercial(C) ✓ Developed Water Resources(WR) 14. Method of Mining: Briefly explain mining method(e.g. truck/shovel): Trackhoe and front end loaders remove material for delivery to the processing plant. 15. On Site Processing: ✓ Crushing/Screening 13.1 Briefly explain mining method(e.g. truck/shovel): Material is processed into specification aggregates using crushers, and screen plants 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). This amendment increases the mine area and reserves under permit by 752.71 acres. The • mining method does not change but he plant site may be moved south as the existing permit area is mined out. The final reclamation plan and reclamation methods do not change. The • primary access remains as currently approved. It also combines 2 permitted mines into one and retains the southern access point. Southern access - 40d05'40.41"N, 104d49'48.17"W • - 5- Mans 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 I,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 arc 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, 65,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 Mining Plan EXHIBIT E Reclamation Plan EXIIIBIT F Reclamation Plan Map EXHIBIT G Water Information EXHIBIT H Wildlife Information EXHIBIT I Soils Information EXHIBIT J Vegetation Information EXHIBIT K Climate Information EXHIBIT L Reclamation Costs EXI III3IT M Other Permits and Licenses EXIIIBIT N Source of Legal Right-To-Enter EXHIBIT O Owners of Record of Affected Land(Surface Arca)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 IIBIT R Proof of Filing with County Clerk or Recorder EXHIBIT S Permanent Man-Made Structures Rule 1.6.2(I)(b) ADDENDUM I -Notice Requirements(sample enclosed) Rule 6.5 Geotechnical Stability Exhibit(any required sections) The instructions for preparing Exhibits A-S, Addendum I, and Geotechnical Stability Exhibit arc specified under Rule 6.4 and 6.5 and Rule I.6.2(I)(b)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 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 no1 tnderstand these obligations then please contact this Office for a full explanation. I. 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 - i2. 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 ruining 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; 119 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 arc clearly visible and adequate to delineate such boundaries prior to site disturbance. 3 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. 3 i 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 arc 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 I, 1995,the annual ice is for the period of July I, 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 permittec,to continue to pay your annual fec to the Office until the Board releases you from your total reclamation responsibility. NA I0. 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: tt 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: 1. To the best of my knowledge,all significant,valuable and permanent man-made structurc(s)in existence at the time this application is tiled,and located within 200 feet of the proposed affected area have been identified in this application (Section 34-32.5-115(4)(c), C.R.S.). 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115(4)(0, C.R.S.; 3. As the applicant/operator,T 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-I 20, C.R.S.) as determined through a Board finding. 4. 1 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,O X.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. h" F ,l/ U Signed and dated this / day of !%IT'/°'�(�tG✓/ � �/Z • L.G. Everist, Incorporated If Corporation Attest (Seal) Applicant/Operator or Company Name • Signed: , (d gnc . w' Corporate Secretary or Equivalent Title: Vice President Town/City/County Clerk State of COL 012.-4)6> ) ss. County or 4,..(6 ) The foregoing instrument was acknowledged before me this rtik— day of rE gCI / �2__ by Dennis L. Fields as Vice President of L.G. Everist, Incorporated LYNN MAYER SHULTS Ne{`l nbhe t-4174441-1 it> NOTARY PUBUC STATEOF COLORADO My Commission expires: Ol/d1'ZGI3 STATE 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 1 ', h _r / - p 1y j _ ¼ %k ;: s! • 4 • U I.1a - ,.ya:I f1 f—Ja ! J p u . 4 4- • ,{.. • fret 0% • N \ „$ P. • I' "24I 0* 19 \ • J 11 4862 ' 4860 ! a`' i y _ 0 . y # O O/ ••.N:1 • - • ( we F 3 4 r it X -e( ( ./... .:-NI�_ _ , IES: 41110 48R.'.1: :• 1 i 4 10 Blue Ribbon fl - ..J O i ` o ., .• ' i{ 55,62 AC. o 0 l • BM 1 1a • • . Siphon flume ( r ?)sapd 4es/ llfll 4924 - • ,,J take - • ' .ss r r •, - 4. . •4ORTH EN t RANCE 040° 06' 58.64' N 104° 49' 36.06" W-4 ' ' \\::—....--_-. . o \\. 1 • I` . FL Lupton Sand and Gravel Mme D I • • 256.0 AC. PERMIT 11 1-1999-120 jy a . . 43) I i Sandstead - ffir o o0 53.81 AC. `�o .. o ,` 0 y lQ f" , -mot ° -- _ .0i, ''. _ — `Y` -;,,_.. i Vincent 0 85.37 AC. • Lupton Meadows R 9 . 190.7 AC- 9R • I PERMIT •M-2002-104 I 2 , e ad -4yeeKeehOW i i • ! k. 4 I ri \ ''. ‘ .' im4 B • fic - -—• ets• ---- • 4 tom, •�II 7 _ I g /..\ :• •2 • - • r e•- •. Funakoshi • • 44.42 AC. �ParcNA Adams I •• • • ° 519 AC 39.82 AC. / I .. ' r to I il et Parker 222.50 AC /7/ 1 1 , 1 I ' 1 Creek 1 I -. •• SOUTH ENTRANCE 040° 05' 40.41" N 104° 49* 48.17° . • ilea, . IP17, "unit1/271 y".. , • • i I . mi/is ,,: ... • : • ..., I _ Declination • `'` 1 ,� '' `- ./ 1. JI Ilill . I I ?let / L J Fut M _ — ..` ii S.etion i l .�-or:-- ) II_ : . , 1 ° t �' T` • s. o d .) ! .. : ..2 . ' _ - r 1 is sewdge.n�spc> al I. in •,-, B i ( r i PtNi�fs ` n m \,. •it , .:, r1 I• 4 Park -•••« MN 8° 48' E I ' + it -C -2668. ' . . . Name: FORT LUPTON LOCATED IN PARTS OF , SECTIONS 19, L.G. EVERIST, INC. (CO) 30 & 31 , T-2-N, R-66-W, AND PART OF Date: 07/11 /12 SECTION 25 & 36, T-2-N, R-67-W, 6TH FT. LUPTON SAND AND GRAVEL MINE Scale: 1 inch = 2,000 ft. P.M. , WELD COUNTY, COLORADO MAP EXHIBIT B - VICINITY MAP L. G. EVERIST, INC. CORPORATE OFFICE 300 S.PHILLIPS E •SUITE 200 P.O.BOX 5829 SIOUX FALLS,SD 57117-5829 ■�\, PHONE 605-334-5000 FAX 605.334-3656 MOUNTAIN DIVISION 7321 E.88TH AVENUE•SUITE 200 HENDERSON,COLORADO 80640 303-287-9606 FAX 303.289-1348 July 20, 2012 Weld County Clerk to the Board Board of County Commissioners Office 1150 O Street Greeley, Colorado 80631 Re: Amendment of a Mined Land Reclamation Permit Dear Sir/Madam: We are delivering to you herewith, an amendment to our approved permit application for the Fort Lupton Sand and Gravel Mine (permit # M-1999-120) operated by L .G. Everist, Incorpo- rated. Two copies of the amendment application are on file with the Division of Reclamation, Mining & Safety. This copy of the amendment 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 place a copy of such application for public inspection at the office of the Board and Office of the County Clerk and Recorder of the county in which the affected land is located. This book must be kept for public review until the amendment has been approved by the Division. We will contact you once it is and make arrangements to pickup this copy. Please acknowledge receipt of the copy of the permit amend- ment by signing in the appropriate space provided below and returning one copy of this letter to the person delivering the book. This will be submitted to the Division of Reclamation, Mining & Safety to prove the amendment book was delivered,to your office . Yours truly, a rn L .G. Everist, Inc . m p,J c rn rrnn--i Lynn M. Shults C N-J -G a enclosure Weld County Clerk to the Board By "GVkS7----- 1 L.G. G VERIST, INC. 111a — SAND 1 ROCK 1 1 FORT LUPTON SAND AND GRAVEL MINE PERMIT # M-1999-120 1 WELD COUNTY, COLORADO 1 ' Regular 112 permit - Amendment July 2012 1 1 1 Amendment to an Application for a 1 Regular Mined Land Reclamation 1 Board Construction Materials Permit 1 1 PREPARED BY ENVIRONMENT, INC. 1 7985 VANCE DR., SUITE 205A ARVADA, CO 80003 (303)423-7297 1 STATE OF COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources I 1313 Sherman St.,Room 215 Denver,Cdorado 80203 COLORADO Phone:(3031 866-3567 CONSTRUCTION MATERIALS DIVISION OF RECLAMATION FAX:(303)832.8106 REGULAR(112)OPERATION MINING RECLAMATION PERMIT APPLICATION FORM SA FETY I Bill Ritter,Jr. Governor CHECK ONE: There is a File Number Already Assigned to this Operation Harris D.Sherman I Permit# M -___ (Please reference the file number currently assigned to this operatioa)ecutive Director New Application(Rule 1.4.5) I V Amendment Application(Rule 1.10) Ronald W.Gam/ Division Director f_Conversion Application(Rule 1.11) Natural Resource Trustee IPermit# M -1999 _120 _ (provide for Amendments and Conversions of existing permits) IThe application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major pans: (1)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 acheck for Ithe 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. I 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 permitl: L.G. Everist, Incorporated 1.1 Type of organization(corporation,partnership,etc.): Corporation ' 2. Operation name(pit,mine or site name): Fort Lupton Sand and Gravel Mine 3. Permitted acreage(new or existing site): 256.0 permitted acres I 3.1 Change in acreage(+) 752.71 acres 3.2 Total acreage in Pennit area 1,008.71 acres I4. Fees: 4.1 New Application $1R09‘00 application fee 4.2 New Quarry Application IMAM) quarry application I 4.4 Amendment Fee $2,229.00 amendment fee 4.5 Conversion to 112 operation(set by statute) U69ia00 conversion fee 1 5. Primary commoditie(s)to be mined: Gravel Sand 5.1 Incidental commoditie(s)to be mined: 1. Ibs/Tons/vr 2. / lbs/Tons/yr 3. / lbs/Tons/yr 4. / lbs/Tons/vr 5. / Ibs/Tons/yr ' 5.2 Anticipated end use of primary commoditie(s)to be mined: Specification aggregates 5.3 Anticipated end use of incidental commoditie(s)to be mined: I I Office of Office of ' Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines I I -z 6. Name of owner of subsurface rights of affected land: L.G. Everist, Incorporated IIf 2 or morc owners, "refer to Exhibit O". 7. Name of owner of surface of affected land: L.G. Everist, Incorporated ' 8. Type of mining operation: ✓ Surface Underground 9 Location Information: The center of the area where the majority of mining will occur: 1 COUNTY: Weld PRINCIPAL MERIDIAN (check one): r_ 6th(Colorado) 10th(New Mexico) Ute ISECTION (write number): S 30 TOWNSHIP(write number and cheek direction): T 2 ✓ North I South RANGE(write number and check direction): R 66 East West QUARTER SECTION(chcck one): NE NW SE ' SW 1 - -I._. QUARTER/QUARTER SECTION (cheek one): 1 NE I V NW SE _SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): ' Approximately 1.5 miles northwest of the town of Ft. Lupton, CO. Approx. Elevation 4870' msl 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" ILatitude(N): deg 40 min 06 sec 58 64 (2 decimal places) Longitude(W): deg 104 win 49 sec 36 06 (2 decimal places) ' OR Example: (N) 39.73691° (W) -104.98449° Latitude(N) (5 decimal places) Longitude(W) (5 decimal places) 1 OR Universal Tranverse Mercator(UTM) I Example: 201336.3 E NAD27 Zone 13 4398351.2 N Nad 83 13 UTM Datum(specify NAD27, NA O83 or WGS 84) Zone Fasting Northing I I -3 - ' I I. Correspondence Information: APPLICANT/OPERATOR (name,address, and phone of name to be used on permit) Contact's Name Dennis L. Fields Title: Vice President Company Name: L.G. Everist, Inc. SvccdP.O Box: 7321 E 88th Ave., Suite 200 P.O. Box: I City Henderson State: CO Zip Code: 80640 Telephone Number: (303 )- 287-4656 Fax Number. (303 )_ 289-1348 PERMITTING CONTACT (if different from applicant/operator above) I Contact's Name: Steve O'Brian Title: President Company Name: Environment, Inc Street/P.O. Box: 7985 Vance Dr. #205A P.O. Box: ICity. Arvada State: CO Zip Cede: 80003 I Telephone Number: I 30 _ 423-7297 Fax Number f 303 )- 423-7599 INSPECTION CONTACT IContact's Name: Lynn M. Shults Title: Regulatory Manager Company Name: L.G. Everist, Inc. I Street/P.O Box: 7321 E 88th Ave., Suite 200 P.O. Box: City: Henderson State CO Zip Code: 80640 ITelephone Number ( 303 ), 286-2247 Fax Number (303 .1_ 289-1348 I CC: STATE OR FEDERAL. LANDOWNER of any) Agency: Street: I City: State: Zip Code: I Telephone Number: I )- CC: STATE OR FEDERAL LANDOWNER(if any) Agency: IStreet: City: I State: Zip Code: Telephone Number: ( 1- 1 -4- ' 12. Primar future(Post-mining)land use(check one): II Cropland(CR) Pastureland(PL) General Agriculture(GA) Rangeland(RL) Forestry(FR) Wildlife Habitat(WL) Residential(RS) Recreation(RC) Industrial/Commercial(IC) Developed Water Resources(WR) Solid Waste Disposal(WD) ' 13. Primary present land use(check one : Cropland(CR) Pastureland(PL) General Agriculture(GA) Rangeland(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): Trackhoe and front end loaders remove material for delivery to the processing plant. 15. On Site Processing: Crushing/Screening 13.1 Briefly explain mining method(e.g. truck/shovel): Material is processed into specification aggregates using crushers, and screen plants ' 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). ' This amendment increases the mine area and reserves under permit by 752.71 acres. The mining method does not change but he plant site may be moved south as the existing permit area is mined out. The final reclamation plan and reclamation methods do not change. The • ' primary access remains as currently approved. It also combines 2 permitted mines into one and retains the southern access point. Southern access - 40d05'40.41"N, 104d49'48.17"W 1 I I I 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 I,and the Geotechnical Stability Exhibit. Each exhibit I 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 arc 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 I EXHIBIT B Index Map EXHIBIT(' Prc-Mining and Mining Plan Map(s)of Affected Lands EXHIBIT D Mining Plan Il EXHIBIT E Reclamation Plan I{XI IIBIT F Reclamation Plan Map EXHIBIT Ci Water Information IEXHIBIT H Wildlife Information EXHIBIT I Soils Information EXHIBIT J Vegetation Information I EXHIBIT K Climate Information EXHIBIT L Reclamation Costs I EXHIBIT M Other Permits and Licenses LXI IIBIT N Source of Legal Right-To-Enter EXHIBIT O Owners of Record of Affected Land(Surface Arca)and Owners of Substance to be Mined I 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 I EXHIBITS Permanent Man-Made Structures Rule 1.6.2(1)(b) ADDENDUM 1 -Notice Requirements(sample enclosed) Rule 6.5 Geotechnical Stability Exhibit(any required sections) The instructions for preparing Exhibits A-S, Addendum I, and Geotechnical Stability Exhibit arc specified under Rule 6.4 and 6.5 and I 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. IResponsibilities as a Permittee: Upon application approval and permit issuance,this application becomes a legally binding document. Therefore,there arc a I number of important requirements which you,as a permittee, should fully understand. These requirements arc listed below. Please read and initial each requirement,in the space provided,to acknowledge that you understand your obligations. If you do no nderstand these obligations then please contact this Office for a full explanation. I tp' I. 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 J contained in the application or your permit misrepresent important material facts; ' [ 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary,substantial civil penalties, to you as permittee can result; -/� 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office; 5. It is your responsibility to notify the Office of any changes in your address or phone number; —F� 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 arc clearly visible and adequate to delineate such boundaries prior to site disturbance. ' 3 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. 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 arc 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 I, 1995,the annual fee is for the period ofJuly 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as the permittee,to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. ' NA 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. 1 1 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 1 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. 1 i 1 1 1 1 1 1 1 1 i 1 1 I ' - 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 I. To the best of my knowledge,all significant,valuable and permanent man-made structurc(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 I (Section 34-32.5-115(4)(e), C.R.S.). 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115(4)(1), C.R.S.;I 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 I (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 Imade 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,C.R.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any I 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.X.S.. Signed and dated this /7" day of r rUt , ' 20/Z- L.G. Everist, Incorporated If Corporation Attest (Seal) Applicant/Operator or Company Name 1 I Signed: j -(dt :gn `�' Corporate Secretary or Equivalent Title: Vice President Town/City/County Clerk I _, State of (_X.0CA)t> ) , . I ) ss. County of /�jp�L(S ) The foregoing instrument was acknowledged before me this Fr.-- day of I_e 6 WA► ,V 1202_ by Dennis L. Fields as Vice President of L.G. Everist, Incorporated LYNN MAYER SHULTS Cr 741ti' I NOTARY PUBLIC Nota 'ublic 1 STATE OF COLORADO My Commission expires: O(I Mate 3 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 I TABLE OF CONTENTS Exhibit A - LEGAL DESCRIPTION 1 IExhibit B - VICINITY MAP 2 IExhibit C - PRE MINING MAP (SEE MAP POCKET) 83 Exhibit C-1 - MINING PLAN MAP (SEE MAP POCKET) 83 IExhibit C-2 - STRUCTURES MAP (SEE MAP POCKET) 83 Exhibit D - MINING PLAN AND TIMETABLE 3 IExhibit E - RECLAMATION PLAN AND TIMETABLE 9 Exhibit F - RECLAMATION PLAN MAP (SEE MAP POCKET) 80 IExhibit G - WATER INFORMATION 15 Figure G-1 - WATER WELLS WITHIN 200 FEET 19 Map Exhibit G1- WATER WELL LOCATION MAP 20 IMap Exhibit G2- MONITORING WELL LOCATION MAP 21 Exhibit H - WILDLIFE INFORMATION 22 I Exhibit I - SOILS 23 MAP EXHIBIT I - SOILS MAP _ 24 IExhibit J - VEGETATION 36 Exhibit K - CLIMATE 37 I Exhibit L - RECLAMATION COSTS 38 Figure L - SLURRY WALL MAP 42 Exhibit M - OTHER PERMIT AND LICENSES 43 IExhibit N - SOURCE OF LEGAL RIGHT TO ENTER 44 I Exhibit O - OWNERS OF RECORD 45 Figure O-1- CURRENT OWNERSHIP MAP 47 Exhibit P - MUNICIPALITIES WITHIN TWO MILES 48 IExhibit Q - NOTICES AND PROOF OF MAILING BOARD OF COUNTY COMMISSIONERS AND LOCAL SOIL CONSERVATION BOARD 49 IExhibit R - CLERK AND RECORDERS NOTICE AND PROOF OF MAILING . . . 51 Exhibit S - PERMANENT MAN-MADE STRUCTURES 52 IGEOTECHNICAL STABILITY EXHIBIT 77 PUBLIC NOTICE 80 IPOSTED NOTICE CERTIFICATION 81 PROOF OF DELIVERIES 82 I Exhibit A LEGAL DESCRIPTION ' Parts of Section 19, 30 & 31, Township 2 North, Range 66 West and parts of Sections 25, & 36, Township 2 North, Range 67 West, 6th Prime Meridian, Weld County, Colorado, containing 1, 008 . 71 acres more or less . EXISTING MINE ' FC. LUPTON SAND AND GRAVEL MINE - M-1999-120 The NW'M of Section 30, T-2-N, R-66-W, and The EMNE'/,, and parts of the NE'WNW'/, and SE'/,SW'/, of Section 25, T-2-N, R-67-W, 6th P.M. , Weld County, Colorado. Containing 256 . 0 acres more or less . ' NEW PARCELS ADDED TO PERMIT LUPTON MEADOWS RESERVOIR - M-2002-104 All of the SW'/,SW'/,, & NW'/,SW'/, and parts of the SW'/,SE'/,, NE/,SW/, & SE'/,SW'/, of Section 30, and Parts of the SW'/,NE/,, and NW'%NE/, of Section 31, T-2- N, R-66-W, and Parts of the SEA/,SE'/,, & SW'/,SEA/,, Section 25, T-2-N, R- 67-W, 6th P.M. , Weld County, Colorado. Containing 190 . 72 ac. more or ' less . BLUE RIBBON TRACT ' Parts of the NE'/,SW�/, SEA/,SW�/, NWTMSW�/, and NW'/,SW'/,, Section 19, T-2-N, R-66- W, 6th P.M. , Weld County, Colorado. Containing 55 . 62 ac. more or less . ' SANDSTEAD TRACT Parts of the SW'%NE'/, and NW1%NEW, Section 25 . T-2-N, R-67-W, 6th P.M. , Weld County, Colorado. Containing 53 . 81 ac. more or less. ' VINCENT TRACT The NE'/,SE'/, and parts of the NEWNE'/, SE'/,SE'/, AND NW'/,SE'/,, Section 25 . T-2- N, R-67-W, 6th P.M. , Weld County, Colorado. Containing 85 . 37 ac. more or less. LOT B TRACT Part of the SW'ASE'/, and SE'/,SW'/,, Section 25 . T-2-N, R-67-W, 6th P.M. , Weld County, Colorado. Containing 57 .26 ac . more or less . FUNAKOSHI TRACT ' The NW'/,NE''A and Parts of the NE'/NW'/„ Section 36, T-2-N, R-67-W, 6th P.M. , Weld County, Colorado. Containing 44 .42 ac. more or less . LOT A TRACT ' Part of the SE'/,SE'/,, Section 25, T-2-N, R-67-W, 6th P.M. , Weld County, Colorado. Containing 5 . 19 ac. more or less . ' ADAMS TRACT The NE'ANW'/,, Section 31, T-2-N, R-66-W, 6th P.M. , Weld County, Colo- rado. Containing 39 . 82 ac. more or less . ' PARKER TRACT The W'NW'/, and parts of the SE'/,NW'/„ Section 31, T-2-N, R-66-W, and The E34NE'/, and parts of the SW'MNE'/,, Section 36, T-2-N, R-67-W, 6th P.M. , Weld County, Colorado. Containing 220 . 50 ac. more or less . ' 07/2012 1 I L ( f [ \t� - ' \ i • _l" icy'•/!I 1 ea_ ,� • _ •� t' ••' F 487 44 __; �►: '`. • ` -- - - - - -- 4".T,t..%. • i • \ ( I,��` 487/ 1ef .. NN) . h • • \ • ,k- gr " • •1, ) 1 4 us " 19 I (' ,� At 0 4Q 8 . 0:1 j . Ile 3 _ sue _� -..;� \ \ ,J f ° - ) t 4882 Well c r \ , --,t /4Kr Blue Ribbon 4 0 . 0 55 62 AC. cg9 0 a o I • /I I • •• SiPhon \ 408/ I • ' • 'NORTH ENTRANCE 040° 06' 58.64" N 104° 49' 36.06" W' 0 -I ( ( N«. L .,9 . •`,, • • - ...., a \ Ft. Lupton Sand and Gravel mine,. V 1 )• • J256.0AC. PERMIT sM•1999 12o L�2 5::: •( Sanditsad ‘ ,......_ a.. i.„---/ : ...i o 0 49:- ; / * UM ACP QC d„ 'N i ........i. .• it ^"yt^v ° 0 j/.\ \ ' .,.. i _.� -ti !y � 0 • �. Lupton Meadows R W . -- - • \ i \° .37 AC. 190.7 ac. o � Y ./iiiic•-•\ • PERMIT • M•2 • 3 • O O . Lot B o i �i�/� 0 O 57.26 0 p -— I �� 1` T // 90 1 - \ • - • \ t I ■ / f / Funakoshi Parcel A I //O • • + • 4 44.42 AC. 5.19 AC. 3982 AC. 1 r _� • r� / • I in _� — -- - f J _ .�-� _ % j • , - r.AC �Parke�o O ) v"-_-_- r I • 1 • • . I2 I' 31 1 )1 4 C • SOUTH ENTRANCE 040° 05' 40.41" N 104° 49' 48.17" • •• t • 0417:4 1 / • i O. Declination * • L __ I-- - - le r""Ira • t.7 L. M /Area , S.ab0ni t oi- i ° I I' i �O it L... • ..S ' , 1,[1, x.11" Stbwago:Dti pot i .t • la 1 1 ,•I P� • •. �. • f e�ys «r. ) / t, MN 1' /mil i Park ' [ : . I►sv �' •. P OO Name: FORT LUPTON LOCATED IN PARTS OF , SECTIONS 19, L. G. EVERIST, INC. I (CO) 30 & 31 , T-2-N, R-66-W, AND PART OF Date: 07/11 /12 SECTION 25 & 36, T-2-N, R-67-W, 6TH FT. LUPTON SAND AND GRAVEL MINE Scale: 1 inch = 2 ,000 ft. P. M. , WELD COUNTY, COLORADO MAP EXHIBIT B - VICINITY MAP I07/2012 2 Exhibit D MINING PLAN Existing Conditions. Unless specifically discussed below, the methods de- scribed and approved in the original Fort Lupton Sand and Gravel Mine (FLS&G) 1999 permit and 2004 amendment applications, mining and reclamation plans will remain unchanged. The Mining Plan described in the 2004 amendment will be used with the only change ' being to the direction of mining. The mining methods used at the Lupton Meadows Reservoir are changed to conform with the FLS&G methodology when the permit was transferred from Suburban Sand and ' Gravel Co. to L .G. Everist, Inc . This amendment combines Fort Lupton Sand and Gravel Mine (M- 1999-120) with the Lupton Meadows Reservoir (M-2002-104) and adds 8 parcels north, south and west of the existing mines . The addition ' of the Lupton Meadows Reservoir mine and the eight new parcels to the permit boundary will increase the permit area by approximately 752 . 71 acres ± . MAP EXHIBIT C shows all of the properties combined ' onto one map. The hatched areas are the permit boundaries of the existing mines . All of the mined areas, with the exception of Deep Land and the Sandstead Parcel in the northwest corner, will be slurry wall lined and developed as a series of 21 water storage ' reservoirs ranging from 10 .26 to 57 . 11 acres ± . The Sandstead parcel will be dewatered and mined to create settling ponds that will be used for the life of the mine . The exterior slopes around ' these areas will be left near vertical since backfilling will take place as the ponds are filled with processing fines leaving no slopes in this area. TABLED-1 -MINING TIMETABLE on Page 9 is the list of the mining stages ' that will be referred to in the following text . MAPEXHIBITB shows the legal parcels that will be added while the Mining and Reclama- tion Plan Maps show how the site will be developed. ' As part of this amendment, some existing Stages and new areas are combined into single Stages . The new Meadows West Stage is the Lupton Meadows Reservoir Stage 3n combined with a portion of the Vincent property and a 5 acre lot on the east side, into one stage ' lying between Little Dry Creek/Slate Ditch in the east and north, the old railroad bed on the west and gasline ROW' s on the south. The southwestern stage in the Fort Lupton S&G mine were combined with the Vincent property north of the creek/ditch into one stage called the Swingle South. The total number of stages added to the Fort Lupton Sand & Gravel mine is 14 stages and the new area will add approximately 15 . 5-19 . 5 years to the life of the mine at a rate ' of 750, 000 to 1 , 000, 000 tons per year. We estimate by adding the new area, the life of the mine will last from 26 to 39 more years . This rate is subject to fluctuation depending on market conditions . ' The current bond for Ft . Lupton S&G is $997, 872 . 00 and Lupton Meadows Reservoir is $286 , 000 . 00 for a total combined bond amount of $1, 286, 870 . 00 . These bonds include surety for 9, 100 feet of slurry wall and construction of bank sloping. At this time the applicant has a contract with the City of Aurora to develop 11 water storage reservoirs on the northern parcels of the property. This includes 256 . 0 acres of the existing permit area, all of the Lupton Meadows Reservoir mine, Lot A, Lot B and the Vincent prop- erty, all south of Weld County Road 18 . The southern parcels and the Blue Ribbon Tract will be marketed by L.G. Everist, Inc . as it is developed. The Sandstead Tract will be mined out, used as ' 07/2012 3 1 MINING PLAN EXHIBIT D (CONT) ' settling ponds and gradually backfilled over the life of the mine and returned to agricultural uses or developed as wetlands when filling is complete. ' The areas being added have been used primarily as agricultural land. The western parcels produced food crops such as lettuce, squash, onions, etc . The eastern parcels were used for corn, and ' alfalfa production and the Blue Ribbon area was a tree farm. The surrounding land uses are primarily agricultural in nature . The applicant will bond the amended property in phases, and wishes to retain the option to line each phase with either a slurry ' wall or a clay liner until just prior to bonding that particular phase . At the current time, slurry walls have been constructed around the mined areas in both mines and compacted slopes are ' constructed around the mined areas . At any given time, mining and reclamation may be occurring in one or more bonded phases to accommodate blending of materials and relocation of the processing plant and settling ponds . There will ' be times when reclamation is being completed in one phase while mining begins in another phase . The arrows on EXHIBIT C-1 - MINING PLAN MAP show how mining will progress through the mine area at this t time . The order of mining in the southern stages will be deter- mined at a later time, and implemented via the Division' s Technical Revision and stage bonding processes . Mining will start on the Sandstead tract early in the life of ' the mine, starting on the south end and working north. The growth medium* will be stripped and stockpiled around the area to be mined. A dewatering trench will then be excavated around the up ' gradient side of the cell, a pump will be installed and dewatering will begin. This will allow the area to be dry mined as the trench will be extended around the area as mining progresses . Backfilling will begin once mining is completed on the area mined first . This ' is shown on the MINING PLAN MAP where the southern mined area has been filled and reclaimed, the northern area is partially mined and being backfilled. The mined area will be used as settling ponds ' during the life of the mine and therefore the material used to backfill these areas will be processing fines and other suitable materials generated at the mine . ' Optional Mining and Reclamation Plans. Due to the constantly expanding and changing development nature of the oil and gas and other utility operations in this ' area, L.G. Everist is submitting these Optional Mining and Reclama- tion Plans with this amendment to guarantee the flexibility to make changes to mining areas and reservoir shapes throughout the life of the mine . During the planning stages for this amendment applica- tion, we have been in contact with oil and gas and utility compa- nies and have discussed future structure and easement changes, including plans to relocate some of their facilities, plans to remove some of the older wells and facilities, and plans for oil ' and gas companies to add new structures as their permitting allows . For example, since mining began on the existing permit area, TOP Operating Company has abandoned 3 oil wells and plans to shut 1 * NOTE: The term growth medium is used in the following text to describe the upper 6 to 12 inches of material found on the mine area as it is not topsoil in the general sense of the word. 07/2012 4 ' MINING PLAN EXHIBIT D (CONT) ' in (abandon) more in the next few years . In the Hill-Oakley phase, TOP Operating abandoned their well after the mining was completed, so the abandoned well was left on a well pad peninsula in the ' reservoir area resulting in a significant amount of gravel being left unmined. In order to recoup the gravel and future reservoir volume, L.G. Everist went back into the completed phase and mined out the well pad peninsula after the abandoned well had been prop- erly removed. L.G. Everist submitted a Technical Revision to the Division to the reclamation plan map showing removal of this well and well pad. We expect that there will be many additional changes in the future similar to this example that are not known at the time of this amendment submittal . ' As mining progresses through the mine and into a new area it may be to our advantage - or we may be required by law to allow oil and gas companies to exercise their rights - to revise the shapes of the reservoirs due to changes of oil and gas facilities, gas- lines, wells or drilling pads . These changes may affect reservoir shapes, combine or split reservoirs, add or subtract oil and gas operations areas, gas lines, easements, etc . t Therefore, we are presenting these optional plans to cover the possibilities with the understanding that the mining and reclama- tion methods will remain unchanged, but the configurations and areas of the mined and reclaimed areas may change . ' Optional Mining Plan. Option A - The mining areas shown on the large map on Exhibit ' C-1 Mining Plan Map is Option A. Under this option we are showing the most conservative (and current) mining plan and it assumes no oil and gas wells, gas lines or facilities will be removed or relocated before mining ends . ' Option B - The smaller map inset in the upper corner is Option B and is a more optimistic plan showing removal or relocation of numerous wells, gaslines and facilities to allow removal of more ' gravel and increase the amount of water storage on the site. Mining Methods overview The working face will be mined near vertical to maximize ' removal of material from the mine . At it widest point the working face will be approximately 1, 500 feet long. If mining ended prema- turely this slope will be reclaimed using a cut/fill sloping method ' instead of backfilling. As mining reaches a setback limit, back- filling will commence almost immediately so as to leave a 3 : 1 slope along the mine exterior, oil and gas facilities and the ditches . We expect to have no more than 1, 500 linear feet of area needing ' backfilling at any one time . This can be done because we plan to start backfill sloping whenever a new area is stripped so the material only has to be handled once . The mining setbacks will vary from 15 to 80 feet from the permit boundaries and structures as allowed by each use agreement for said structures . For example, around oil/gas wells we will maintain an eighty (80) foot radius around each well head, but leave a 150 foot radius when reclamation ' is complete . The MINING PLAN MAP shows how this will look. Around the rest of the mine, the setback line will be the outer edge of the slurry wall or the top of the excavation limits . The temporary ' growth medium stockpiles within the setbacks will also limit noise 07/2012 5 ' MINING PLAN EXHIBIT D (CONT) ' and visual impacts to off site areas . The setbacks will be used as a place for roads to access the mine exterior, ditches and access for the oil and gas facilities . The setback areas will be re- claimed if disturbed. The following information is a recap of the methods currently used at the mine and will continue to be used as mining progresses ' through the areas added by this amendment . This mine will be operated as a dry-mine . Slurry walls will be constructed to the Office of the State Engineer' s specifications around the perimeter of each additional mine area prior to commencement of mining in the new phases, except as noted above . This isolates each mining area from the surrounding groundwater table and allows for dry-mining of each mine area . However, if a slurry wall is not feasible, the ' Applicant will utilize a compacted clay liner to seal the pits for the end use as water storage . Design of the liner will follow the State Engineer' s Guidelines also. Slurry wall design documents were submitted and deemed adequate to the Division in 1999 . Slurry ' walls installed using this design have been constructed success- fully on the 5 lined areas currently complete . An additional 27 monitoring holes have been installed in and around the amendment area. This brings the total monitoring well count to 46 . Ground water monitoring is discussed in more detail in EXHIBIT G. . Prior to mining moving into those areas just north of WCR ' 14 . 5, the Plant Site may be moved to that side of the mine adjacent to the southern access road that now serves the Lupton Meadows Reservoir mine. ' Mining operations within each new phase area will include growth medium/overburden stripping, and excavation of dewatering trenches, and settling ponds . Raw materials will be excavated with excavators, front-end loaders, scrapers and/or bulldozers . As ' areas are cleared and stripped, previously mined slopes will re- ceive backfill material to establish the permanent design side slopes . Explosives will not be used at this operation. ' Adequate amounts of the stripped growth medium and overburden will be stockpiled for later use in reclamation. The material stripped from subsequent mine areas may be placed directly on the seed bed in previous mine areas so it only has to be handled once and the disturbed areas will be concurrently reclaimed. Growth medium berms will be constructed and strategically located around the site for use as noise and visual screening barriers from neigh- boring properties . The exact location of topsoil and over burden ' piles are unknown at this time, so we have shown the approximate location on EXHIBIT C-1 -MINE PLAN MAP. Mining within each phase will begin once growth medium and ' overburden has been removed from that phase area. Excavated mate- rials (pit run) will be removed via front-end loaders, and may be loaded onto a field conveyor and transported back to the processing plant, or loaded into off-road haul trucks for transport to the ' plant site . Mined slopes will range from near vertical to 0 . 5 : 1, or as required by the Slope Stability Analysis and Setback Agree- ments (see EXHIBITS) . As soon as mining limits have been reached in one phase area, reclamation of the pit edges within that phase area will begin. This will allow for concurrent backfilling of the pit perimeter with previously stripped overburden and/or material stripped from the next phase area to be mined. Access roads built ' 07/2012 6 MINING PLAN EXHIBIT D (CCNT) during slurry wall construction and mining will be left as access roads around the reservoirs or for access to oil and gas wells on the site . Since we are combining two permitted areas we have areas in both mines that are partially mined and reclaimed. This includes the Fort Lupton East, Hill/Oakley, Fort Lupton West, and the Mead- ows North & South Stages . Reservoir certification is done on Hill/Oakley, Fort Lupton East and Fort Lupton West stages . Please see the Mining Plan Map in the 2004 amendment for the location of these stages . Sloping and grading is done on Fort Lupton East and ' Hill/Oakley and a Technical Revision has already been approved to remove an oil well (in Hill-Oakley) that has been shut in and no longer exists in that Phase . Slurry walls have been installed around Meadows North, Meadows South, Meadows West, Swingle North, and Parker-Panowicz Stages, but testing has not begun on them at this time . We anticipate slurry wall construction will begin this spring or summer on the Swingle ' South and Vincent West Stages . The applicant asks the Division to include bonding calculations for the newly installed slurry walls in this amendment . The Parker-Panowicz stage is already bonded for surface disturbance, and has the recycling areas located on it . Mining for road base materials has recently begun in this stage as well . The applicant asks the Division to include full disturbance of this ' stage in bonding calculations for this amendment . FIGUREL is a color coded map showing the status of each slurry wall listed above, green areas are certified; blue areas are in- stalled with exposed water but not certified; yellow areas are slurry walls that have been completed but no water is exposed and yellow areas are construction areas . ' Water Diversions and Impoundments The entire site will be graded in phases to direct storm-water runoff towards interior ditches and dewatering systems . CDPS permits for the existing mine operations have already been obtained from the Colorado Department of Public Health and Environment (CDPHE) for the current dewatering operations . These permits will be modified, if necessary, to accommodate the additional parcels . ' As the slurry walls are installed, they will be constructed around the perimeter of each new mine area prior to commencement of mining. This will seal off each individual phase area, preventing ' infiltration of groundwater into the mining area. Once the initial groundwater quantities within each mine area are pumped out, con- tinued dewatering will not be required except on an as-needed basis after significant weather events . ' Description of Overburden, Deposit and Underlying Stratum Across the entire amendment area, approximately 3 feet of overburden (including approximately 6 to 12 inches of growth me- dium) will be removed from the mine areas and stockpiled for plant- growth material in surface reclamation or used as backfill for the pit slopes . An average thickness of approximately 33 feet of sand and gravel exists across the amendment area. 07/2012 7 I ' MINING PLAN EXHIBIT CI (CONT) I Mining Timetable The continuing uncertainty of economic conditions in the construction materials industry precludes an accurate forecast of I demand for materials during the life of the mine . We therefore, can only estimate the mining timetable based on an average year and may expect a specific year to vary widely from the average . ITable D-1: Mining Stages Stage Name Total Mined Estimated I Acreage Acreage Duration of Mining (years) Fort Lupton Sand and Gravel I Hill/-Oakley 43 . 92 34 .78 Complete Parker-Panowicz 43 .51 22 .74 1 - 2 Swingle North 42 .02 33 .48 2 - 3 Fort Lupton East 33 .45 28.00 Complete I Fort Lupton West 47 .81 42 .45 1 - 1.5 Swingle South 67 .45 53 .10 2 .5 - 3 Lupton Meadows Reservoir I Meadows North 60 .09 50 .80 0 .5 - 1 Meadows South 27 .35 20 .08 0 .5 - 1 Meadows West 73 .57 61.41 3 - 4 Deep Lake 12 .46 5.75 Complete I Willow Lake 51 .20 7.93 0 .5 - 1 New areas Blue Ribbon 55.62 36 .11 2 - 3 I Sandstead 58 .85_ 36 .64 1 - 2 Vincent West 86.72 65.29 3 - 4 Adams-Parker 81 .36 46 .63 2 - 3 Parker #1 43 .17 21 .91 1 - 1 .5 I Funakoshi 46.83 30 .66 1 - 2 Parker #2 33 .27 25 .86 1 - 2 Parker #3 43 .12 27 .41 1 - 2 Parker #4 56.94 44 .27 2 - 3 ' TOTALS' 1008.71 695 .30 I 26 - 39 I I I I I07/2012 8 1 ' Exhibit E RECLAMATION PLAN Overview ' Unless specifically discussed below, the methods described and approved in the original Reclamation Plan will remain unchanged. This will remain a dry mining operation. MAPEXHIBIT C shows the current permit area and the area being added to the permit . ' The current post mining land uses are listed as developed water storage and wildlife habitat . We are changing this plan to devel- oped water storage surrounded by access roads and revegetated areas . The setbacks and side slopes from the existing surface to the water' s edge will be resoiled and revegetated using the methods described in the existing plan. We are removing the end use listing of "wildlife habitat" because it infers that the site will be developed primarily for wildlife use which is not compatible with a developed water storage complex. However, wildlife are expected to use the lakes and surrounding areas . ' As with the currently permitted mine area, the new properties will be reclaimed as lined water storage reservoirs, with the exception of Deep Lake in the east and the Sandstead Tract in the northwest corner of the mine . Each of the additional properties ' will either be sealed with a slurry wall or clay liner. The appli- cant proposes to bond each phase prior to mining and to determine the type of lining prior to posting a bond for that phase . Please ' refer to TABLEE-1 RECLAMATION TIMETABLE for information on each Phase of Reclamation. Reclamation Plan ' Currently, the mine site is primarily irrigated agricultural land. The area is broken into 6 different use areas . Please refer to the VEGETATIONMAP in EXHIBITI/J for the location of each area de- scribed. The current uses are, mining area; non-irrigated pasture; irrigated crop areas ; ditch & river corridors, oil/gas operations areas and high capacity gas pipeline ROW' s . The agricultural uses will continue as mining progresses until an area is taken out of ' agricultural production. There is no native vegetation present on the agricultural areas because of the intensive agricultural prac- tices that have taken place on the land. In most cases the oil/gas ' operations areas have little vegetation and the high pressure gasline ROW' s have been farmed for many years and vegetation cover on those areas is consistent with farmed areas . The narrow band along Little Dry Creek/Slate Ditch has been constantly disturbed by ditch maintenance leaving only the river corridor with vegetation that may be considered native . The typical vegetation descriptions that have been submitted in EXHIBITsI &J in previous permitting pack- ets will match these agricultural uses as the crops rotate through- out the years . The RECLAMATION PLAN MAP shows the sloping plan and areas that will be reservoir areas in this plan. ' Under the contract with City of Aurora for the water storage reservoirs, the applicant has to turn over to Aurora, for continued development, any reservoirs that have been significantly reclaimed. It has been agreed that this condition will exist once a reservoir liner has been certified by the State Engineer' s Office and the phase has been backfilled, graded and sloped. All bank sloping will be completed to the stated 3 : 1 slopes or ' flatter. All areas that are above the high water line, and are not graveled access roadways, will have 6 to 10 inches, averaging 8" of growth medium fully replaced and prepped for seeding. All top-soiled ' 07/2012 9 RECLAMATION PLAN EXHIBIT E (CONT) ' areas will be seeded with the seed mix described in AM-02, and effective weed control measures will be implemented until the cell is released from the permit area. However, establishment of full ' revegetation will not be required for release if "reasonable assur- ance" that development for the approved post mining land use will continue (such as a completed sales contract between the operator ' and the party that will be taking over the development of the water storage cells or other similar documentation) can be provided. The Hill/Oakley and Fort Lupton East Phases have reached this point . City of Aurora has agreed that significant reclamation has ' been met under the contract but L.G. Everist, Inc . has not received a notice that they plan to begin final development . L.G. Everist will seed the above-water level areas that are required to be seeded ' per the this reclamation plan. The following seed mix will replace the three currently ap- proved. It is more cost-effective to use one seed mix for the entire area. This mix will place approximately 41 . 2 seeds per pound ' per sq-ft as prescribed by the NRCS planting guidelines . PROPOSED SEED MIX Species Lbs. PLS/Acre ' Western Wheatgrass (Aribba) 5.00 Big Bluestem (Champ) 2 .50 Blue Grama (Hachita) 0.60 Switchgrass (Blackwell) 1.75 ' TOTALS 9.85 The reclamation timetable shows the types and amount of landuse in each area when reclamation is complete . Approximately 31% of the area in the permit will not be disturbed by mining, either because it is setbacks around well facilities, gaslines ROW' s, along the ditches or areas too small to mine that will be kept in their natural state . As mining progresses, the perimeter slopes will be backfilled and graded at or near 3h to lv as discussed in the MINING PLAN. This ' will insure that when mining ceases only a minor amount of work will have to be done to finish reclamation in the disturbed area. The placement of the soil stockpiles around the setback/perimeter of the mined area or replacing soil on a finished slope as it is removed ' from the next area is designed to minimize the effect of mid-plan stoppage . This will place the growth medium where it will be needed for reclamation and will reduce the distance it has to be hauled for reclamation. Usually, this will mean it simply has to be shaped and graded. We expect to salvage sufficient growth medium to meet reclama- tion requirements . Of the 1008 . 71 acres ± in the mined area, only ' 166 . 24 acres ± or approximately 16 . 0% will need resoiling and revegetated. Observations at the site show that growth medium on the property has a salvageable depth of 6 to 12 inches, averaging 8 inches except in isolated locations . The growth medium will be replaced on all seed beds at a rate of 6 to 10 inches averaging 8 inches . There appears to be more than adequate soils to meet the demand for this site . Setback areas will not be stripped, so only ' the disturbed setbacks and slopes to the lake perimeter will be resoiled. Graveled maintenance roads will be built around each reservoir and left around each gas/oil well where no seeding or resoiling will take place . This will provide room around each well 07/2012 10 RECLAMATION PLAN EXHIBIT E WONT) or reservoir to service it as needed by the well or reservoir owners . Some inert fill (as defined in Colorado Department Public Health and Environment regulations) may be imported for recycling and resale or in rare cases for reclamation purposes . On-site generated inert material will be used for bank sloping, buried in ' bank areas around the lakes or will be recycled/sold. Existing soils in place have been capable of producing a fairly dense cover of irrigated crops and dryland grasses and should be suitable for use when revegetating the above water areas . These areas will be returned to at least their present vegetative condi- tion when reclamation is complete . Under normal conditions, the operator will strive for a 30 to 40 percent cover rate on the ' revegetated areas when reclamation is complete . Under normal weather conditions, an adequate moisture reserve will be present for establishment of the proposed seed mixture . No irrigation will be used during reclamation since the plan is to ' establish a vegetation cover that is not dependent on irrigation to survive . ' Optional Reclamation Plans Note that all changes connected with the following optional plans will take place within the permitted boundaries, therefore not t affecting (increasing) the overall acreage of the permitted area and guaranteeing the allowed use of the Technical Revision process for these changes . Reservoir Areas We are submitting two options for final configuration of the reservoir areas . Option A - The reservoir configurations for Option A are show on the large map on MAP EXHIBIT F-RECLAMATION PLAN MAP. Option B - The inset map shows the reservoir configura- tions under Option B . ' The methods used to reclaim the reservoirs will be the same for both options . The difference may be an increase/decrease in the volume of developed water storage and an increase/decrease in the amount of revegetation necessary. We do not know when the Mining Option B or the Reclamation Option B or some part (s) of either or both will be implemented, but we are including these optional plans to increase the flexibility of ' this permit and account for the inevitable changes when mining the site . Whenever any part (s) of the Option B plans become feasible, we will file a Technical Revision (s) to the Division to provide revised Mining and/or Reclamation Map (s) that will show the changes . The Technical Revision (s) will discuss any changes needed to imple- ment the optional changes, including a discussion on changes in disturbed areas, slurry wall lengths and revegetated areas . ' Sandstead & Deep Lake Option There are also there reclamation options for the Sandstead Tract and Deep Lake . Deep Lake has already been mined, but not 07/2012 11 1 RECLAMATION PLAN EXHIBIT E (CONT) lined and the Sandstead tract will be mined dry and backfilled, but not lined. The primary plan for the Sandstead Stage and Deep lake is to backfill them with processing fines or other material gener- ated at the mine . The backfilled area will be resoiled and revege- tated as described for above water areas around reservoirs . A second option is that both stages may have areas that remain ' as unlined water areas, if the applicant or the reservoir owner can include them in a water augmentation plan. All slopes will be graded 3 : 1 from 5 foot above the water line to 10 feet below and 2 : 1 below 10 feet and resoiled and revegetated. The first option is ' shown on the current MAP EXHIBIT F- RECLAMATION PLAN MAP and the second option is shown on the Option B inset . The third option is a combination of the two. If practical or ' if a need arises parts of these Stages may be developed as wetland areas . In which case the wetland area will be filled to 18 inches or less above the water table and cattails available on the mine will be transplanted to the proposed wetland areas . RECLAMATION PERFORMANCE STANDARDS t The property will be mined in compliance with the Reclamation Performance Standards of Rule 6 . Grading will be performed to create a final topography that is compatible with the intended final land use . The slopes will vary depending on the final use proposed ' in a particular area, reservoirs or grassed areas; the remain- der of the area will retain its present drainage pattern. The RECLAMATION PLAN MAP shows how the area will be reclaimed. t The pit will be reclaimed so that a suitable grade for drainage exists, all surface runoff will be directed into the reservoirs created by mining. Settling ponds may be silted in from wash water, this type of backfilling tends to firm up and stabilize during the ' first 18 months after being placed. All grading will be done in a manner to control erosion and to protect areas outside the affected land from slides or other damage . Backfilling and grading will be completed as soon as feasible after mining is completed in a given area . Backfilling (through the process of fines accumulating in the settling ponds) in the Sand- stead Stage will occur over the life of the mine until is completed. ' There are no drill or auger holes on the land. Maximum slopes will be within the limits set forth in the Rules and Regulations of the Board and will be capable of being traversed by machinery. ' All refuse will be hauled away or disposed of in a manner that will control unsightliness and protect the drainage system from pollution. There are no acid-forming or toxic materials involved in this operation. The minimal amounts of petroleum products stored at ' the site will be stored as prescribed by applicable laws . The storage tanks will be surrounded by a berm or secondary containment such as storing the tank in a larger metal container adequate to ' retain any fluid should a tank rupture . In addition, there is adequate absorbent materials on site to contain any spills that would occur. The operator does not expect prevailing hydrologic conditions ' to be disturbed. L.G. Everist, Inc . will comply with applicable Colorado water laws and regulations (as the operator understands them) governing injury to existing water rights in order to minimize ' any disturbance, which might occur to the prevailing hydrologic 07/2012 12 1 RECLAMATION PLAN EXHIBIT E (CONT) balance of the affected land and surrounding areas and to the quality of water in surface and ground-water systems both during and after the mining operation and during reclamation. In addition, the ' operator expects to comply with applicable Federal and Colorado water quality laws and regulations . Any water used in the operation of the processing plants and gravel pit will come from water owned ' by L.G. Everist, Inc . or purchased from an outside agency suitable for that use . ExHIBITG contains specific information concerning impacts and uses of water at this mining operation. This is not a dredge facility, so there are no temporary ' siltation structures involved in this operation and no mining will be done within the confines of the river. If a U. S . Army Corps of Engineers Permit is required for mining in waters of the U.S . , it ' will be obtained prior to disturbing those areas . Settling ponds will be constructed on the site to collect and recycle water from the washing operation. There will be no earthen dams on the mined area. ' The mining and reclamation plans consider existing wildlife use of the site and final reclamation will enhance the area for contin- ued wildlife use . However, creation and management of wildlife ' habitat is not a specific part of the reclamation plan. Growth medium in the area is good quality and deep enough to salvage what is needed for reclamation. When growth medium is removed to reach the mineral deposit, it will be segregated and ' stockpiled. If the growth medium piles remain undisturbed for more than 180 days, 2 . 0 #PLS of Western Wheatgrass, per 100 sq-ft will be planted on the piles or other means will be employed to preserve the growth medium from wind and water erosion. This will keep it free of contaminants so that it remains useful for sustaining vegetation when reclamation begins . The stockpiles will be located in areas where disturbances by ongoing mining operations will be at a mini- mum, i .e . along setbacks on the pit perimeter. The growth medium will be handled as little as possible until it is replaced onto disturbed areas for reclamation. We will take measures necessary to ' insure the stability of the replaced growth medium on graded slopes and ensuring that it is spread as evenly as possible. Fertilizer and other soil amendments will be used, only if needed, in accor- dance with NRCS recommendations . ' Reclamation will begin once enough area has been opened so that any reclamation completed will not be disturbed as mining progress- es . This may take one or more years depending on economic condi- tions and the amount of material mined. By the time mining is completed 75 to 90% of the total mined land will be reclaimed. As mining ends in each lake area, only backfilling, grading and shaping of the final mined slopes and resoiling of the areas above water ' will be needed. The proposed seed mix will be planted during the next planting season after resoiling is complete. The area will be monitored for success of revegetation until accepted by the Division ' for release . If revegetation failures occur prior to release, an analysis of the site will be made and the area will be revegetated again as necessary. t ' 07/2012 13 ll ' RECLAMATION PLAN EXHIBIT E (CONT) Reclamation Timetable The numbers presented below represent our estimate of the various area of disturbance in the mine area. They may change as Ithe actual mining progresses through the site . Table E-1: Reclamation Phases ' ACRES ± TOTAL LAKE REVEGE- ROAD Misc. Area Years AREA TATION (DITCHES, UNDISTURBED I AREAS, ETC. ) Fort Lupton Sand and Gravel Hill-Oakley 3-5 43 .92 35.81 4 .40 1.37 2 .34 I Parker-Panowicz 3-5 43 .51 19.67 17.39 2 .24 4 .21 Swingle North 3-5 42 .02 31.28 2 .03 1.96 6 .75 Fort Lupton East 3-5 33 .45 27.13 5.51 0 .81 0 .00 I Fort Lupton West 3-5 47.81 40. 56 1.89 1 .63 3 .73 Swingle South 3-5 67.45 49.52 3 .58 2 .82 11.53 Lupton Meadows Reservoir Meadows North 3-5 60 .09 42 .71 11.33 2 .65 3 .40 I Meadows South 3-5 27.35 19.18 5 .02 1.35 1.80 Meadows West 3-5 73 .57 52.50 13 .47 3 .11 4.49 Deep Lake 3-5 12.46 0 .00 5.75 0.00 6 .71 Willow Lake 3-5 51.20 10.26 2 .29 0 .80 37.85 I New Area Blue Ribbon 3-5 55.62 34.16 0.32 3 .46 17.68 Sandstead 3-5 58.85 0.00 34 .46 2 .18 22 .21 I Vincent West 3-5 86. 72 57. 11 17.81 1 .70 10.10 Funakoshi 3-5 46.83 27.27 4 .53 2 .13 12.90 Parker #1 3-5 43 . 17 19.76 2 .52 3 .64 17.25 Adams-Parker 3-5 81.36 40 .65 11.90 4.21 24.60 I Parker #2 3-5 33 .27 22 .45 7 .95 1.68 1 .19 Parker #3 3-5 43 .12 26 .90 6 .68 3 .15 6 .39 Parker #4 3-5 56.94 40.83 , 7.41 1.34 7.36 ' Totals 1, 008.71 597.75 166 .24 42 .23 202 .49 I I I I I I07/2012 14 1 EXHIBIT G WATER INFORMATION ' Introduction The amended Fort Lupton Sand and Gravel Mine is located in t parts of Sections 19, 30 and 31 ; Township 2 North, Range 66 West, and Sections 25 and 36 , Township 2 North, Range 67 West of the 6th P.M. , Weld County, Colorado. The site is approximately one mile northwest of the City of Fort Lupton, Colorado. In part, the site ' is bordered on the north by Weld County Road 18 and on the south by Weld County Road 14'14, on the east by the South Platte River and on the west by the Lupton Bottom Ditch/WCR 23 . 5 . ' Ground water studies done during the 2004 amendment explained the impacts expected due to liners being placed in the South Platte alluvial valley. In general, the ditches, river and streams lying across the site or on either side will limit mounding or draw down around the site . Mitigation Trigger ' Starting in 2004 L.G. Everist, Inc . began to collect ground water elevations on areas around the mine . The period from May 2004 to August 2006 was used as the baseline for triggering mitigation actions . Since late 2006 outside influences not caused by LGE have been acting on the groundwater levels that have/are changing the levels and impacting our trigger point . There has been an increased gravel mining presence north of the Fort Lupton ' Sand and Gravel Mine that has dewatering operations west monitoring wells 9 & 10 . Another outside influence is the reduction/elimination of groundwater wells pumping from the South ' Platte River alluvial aquifer. This non-pumping (forced on well owners by the SEO) is leaving more water in the system and may contribute to the increases we have seen in all of our monitoring wells . Prior to and including 2006 , the data indicates the groundwater table fluctuations were as much as 7 . 67 feet depending on the season. In the current trigger plan we are limited to a 2 ' foot change over the 3 month averages but in most cases this is very common. For example the average depth to water table for MW 9 was 8 . 55 feet for May 2004 to September 2004 yet from October 2004 to March 2005 it was 11 . 84 feet - a difference of 3 . 29 feet , ' which is over 2 feet threshold. This is due to the normal groundwater changes in the system yet exceed the 2 foot limit and requires us to start mitigation due to the very narrow window. ' This limitation does not take into account the impacts of outside factors out of LGE' s control that are causing changes in groundwater elevations that exceeded the mitigation limits . While these changes have occurred and we have taken the steps necessary ' to determine their causes . During our investigations we determined the causes were due to system wide environmental factors out of our control . Realistically the trigger number ' should be based on a 2 foot change determined by a line that approximates a up or downward trend of the water table and considering outside impacts such as , drought, adjoining mining ' activities, storm events or decreased irrigation activities . At the current time there is no mounding mitigation plan for when the water table increases . We do not expect this to be a problem where the slurry walls are in close proximity to a flowing ' water body as discussed in the January 2005 Wright Water Engineers 07/2012 15 1 Water Information (cont.) Exhibit G report . In particular, along the east side where the South Platte River & Lupton Bottoms Ditch - east lateral; on the west side adjacent to the Lupton Bottoms Ditch and Little Dry Creek/Slate Ditch and along the south side of the Blue Ribbon Parcel next to the irrigation return flow ditch. However, we have found that t activities such as : damming of the creek/ditch by beavers, and local farmers irrigating and dumping their excess water in Little Dry Creek/Slate Ditch have caused an increase in ground water and flooding along that waterway. This is an example of how a trigger ' point is reached but not created by our activities . The remaining parcels that are not protected by a surface water body are agricultural lands with no structures within 200 feet The mining operation will have minimal effect on the South Platte River in the form of minor groundwater depletions due to evaporation and water uses associated with mining. The depletions to the South Platte River, associated with mining, are currently mitigated to prevent injury to the vested senior water rights . The reclamation plan for the amended area will create a number of slurry wall sealed pits that will not be hydraulically ' connected to the South Platte River alluvial aquifer. The current mining plan includes one unlined pit that will be backfilled with wash fines from the sand and gravel processing plant . The ' additional mining stages will be sealed prior to mining, thereby eliminating ground water drawdown typically associated with pit dewatering and the possibility of any adverse impacts to nearby alluvial wells . Potential Water Resource Impacts Ground Water Wells The amended Fort Lupton Sand and Gravel Mine will have minimal impacts on the prevailing hydrologic balance . Sand and gravel mining related impacts to ground water wells near the pit will be mitigated through the installation of slurry walls around the perimeter of new mining stages prior to the start of dewatering these stages (see MINE PLAN-EXHIBITD) . Potential ground water depletions associated with the settling pond will be minimal due to the fact that they will be backfilled with wash fines . FIGUREG-1 is the list of wells from the Office of the State Engineer' s files, the wells highlighted in blue outside the permit ' area are not owned by L.G. Everist, Inc . Of the 47 wells in or within 200 feet of the permit area, L .G. Everist, Inc . owns 36 wells . Of the 11 wells not owned by L.G. Everist, 3 are deep ' wells highlighted dark blue and 8 are shallow wells drawing water from the surface aquifer highlighted light blue . Since 2004 , L.G. Everist, Inc . has installed 46 piezometers ' (aka Monitoring wells) around the mine. Piezometers 1 thru 14 started in 2004 . Piezometers 15 thru 19 were installed and monitoring started in April 2006 . The most recent were installed in January 2012 so we have 6 months of data on these wells . Eight ' of the new wells, 35 , 36 , 38 , 39 , 40 , 41, 43 , and 44 were placed within the slurry wall areas to be used during certification and ' 07/2012 16 1 Water Information (cont.) Exhibit G will not be used to monitor groundwater levels around the mine . Some of the older piezometers have been removed or damaged during ' slurry wall installation and are no longer used. These wells are not shown on the map . The monitoring information we have collected has not been analyzed and is in raw form. We will provide a summary of historical data as soon as we have completed preparation of a summary per your adequacy request . We propose doing this since the amount of data is too large and confusing to be useful without some kind of analysis . We expect ' to have this to the Division before the last publication date of the Sandstead Revision. ' Post Reclamation Any slight ground water mounding and shadowing associated with the slurry wall sealed portions of the pit are not ' anticipated to produce any adverse impacts to adjacent properties . Potential ground water mounding will be mitigated by the South Platte River on the east, the Lupton Bottom Ditch on the west and Little Dry Creek/Slate Ditch and Lupton Bottom Ditch East Lateral ' on the south. These existing water features will serve to regulate and balance ground water elevations in the alluvium adjacent to the sealed pits . t The Blue Ribbon parcel addition is located immediately north of Weld County Road 18 and an unnamed irrigation return flow ditch which discharges to the South Platte . This mining phase is also bisected by the Lupton Bottom Ditch East Lateral . There is an ' active sand and gravel pit immediately west of the Blue Ribbon parcel . Therefore, ground water mounding and shadowing on the east, south, & west sides associated with the slurry wall sealed portions of the Blue Ribbon addition are not anticipated to produce any adverse impacts to adjacent properties . Post-reclamation ground water depletions , if any, will be replaced through a Colorado Water Court approved Plan of Augmentation. Finally, L.G. Everist, Inc . has entered into a contract to sell its developed water storage at the Fort Lupton Sand and ' Gravel Mine to the City of Aurora . At this time the land in Sec 25-2N-67W and Sec 30-2N-66W are under contract with the City of Aurora with the exception of the Blue Ribbon Parcel . Under the sales agreement, as water storage reservoirs are completed, they ' will be sold and transferred to the City of Aurora for use as municipal water storage . We are in the process of transferring the Hill-Oakley and Fort Lupton East reservoirs to the City of ' Aurora . The transfer will be complete once we receive final reclamation approval from the Division. ' Discharge Permits Surface Water Management When necessary, ground water will be pumped and discharged from the Fort Lupton Sand and Gravel Mine under a CDPS Permit which the operator obtained from the Colorado Department of Public ' Health and Environment, Water Quality Control Division (CDPHE- WQCD) . This permit will remain active during the life of the mine . The discharge points may change as mining progresses and all 07/2012 17 ' Water Information (cont.) Exhibit G necessary changes will be submitted to the WQCD prior to modifications of the discharge points . ' Runoff from disturbed areas will be managed to protect against pollution of either surface or groundwater through the implementation of a site specific Storm Water Management Plan ' (SWMP) for the Fort Lupton Sand and Gravel Mine . The current plan will be amended to reflect the revised mining and reclamation plan. Consumptive Water Use The current annual consumptive uses of water associated with the Fort Lupton Sand and Gravel Mine and aggregate production are described below. USES VOLUME Acre-feet ' 4% Moisture Loss in Materials 10.60 Dust Control 0 .40 Water Surface Evaporation 12 .50 Total Consumption (Augmented) 23 .50 ' Substitute Water Supply Plan Ground water depletions associated with L.G. Everist' s Fort Lupton Sand and Gravel Mining operation are currently covered under a substitute water supply plan (SWSP) pursuant to C.R.S . 37- 90-137 , approved by the State Engineer' s Office (SEO) for replacement of the ground water depletions due to mining. (See the appendix to this application) . This plan is updated and renewed every 2 years . The Applicant will maintain a SWSP throughout the life of the mine . After completion and reclamation of all lined reservoirs there will be no long-term evaporative depletions . However, if any ' unlined open surface water areas remain at the end of reclamation, then a court approved augmentation plan will be applied for before reclamation is complete . ' 100-Year Floodplain Portions of the Fort Lupton Sand and Gravel Mine are located ' within the 100-year floodplain of the South Platte River. The applicant has a Flood Hazard development Permit from Weld County for the original permit area. On 12/09/2008 Deere & Ault prepared a Flood Plain analysis (in Division' s file) showing that there ' will not be an appreciable increase in flood elevation due to the mine . The information provided in this report is applicable to the new areas as it lies within the South Platte alluvium ' immediately adjacent to the permit area. The location of the 100 year flood line on the affected lands was transferred from FIRM Panel 0802660868C to all maps . ' 07/2012 18 Figure G-1 -Water Wells within 200 feet I PUMP STATIC OWNER USE QUARTER PERMIT# RATE DEPTH WATER LEVEL SECTION 19,TOWNSHIP 2 NORTH,RANGE 66 WEST I 1 LG EVERIST INC I NWSW 6639-R 1200 28 6 2 L G EVERIST INC MW NWSW 259389 SECTION 30,TOWNSHIP 2 NORTH,RANGE 66 WEST I 3 L G EVERIST INC GP NE 57958-F NW 0 4 HILL GOMER D NE 156312-F 15 34 9 5 L G EVERIST INC MW NWNE 259392 8 L G EVERIST INC IN,IR SWNE 66271-F I 7 AURORA CITY OF MW SWNE 48438-MH75 24 8 AURORA CITY OF/AURORA WATER MW SWNE 282792 75 24 9 L G EVERIST INC GP NW 65814-F 10 LG EVERIST INC AN IOWA CORP HH NENW 142715 38 8 I 11 L G EVERIST INC D NENW 202995 15 37 8 12 L G EVERIST INC MW NENW 259391 13 L G EVERIST INC MW NWNW 259383 14 LG EVERIST INC D NWNW 157913 33 4 I 15 L G EVERIST INC IN, IR NWNW 66273-F 16 L G EVERIST INC IN, IR NWNW 66274-F 17 LG EVERIST INC IRR NWNW 4234-F 1250 28 6 18 L G EVERIST INC IN SENW 57957-F 2000 45 ' 19 DI-TA FARMS-PROPERTY OWNED BY LGE D SENW 80437-A 50 27 7 20 DITIRRO JOHN JR-PROPERTY OWNED BY CITY OF AURORA SENW 11082-FR 45 15 21 L G EVERIST INC C SENW 261574 15 40 7 22 ROCKY MOUNTAIN ENERGY CENTER LLC IN SWSE 58543-F 465 52 11 I 23 L G EVERIST INC. GP SW 70327-F 24 ROCKY MOUNTAIN ENERGY CENTER LLC IN NESW 58544-F 570 46 8 25 L G EVERIST INC MW NWSW 259384 I 26 RANKIN&PENNY J D,S SESW 148826 15 300 27 ROCKY MOUNTAIN ENERGY CENTER LLC IN SESW 58541-F 850 54 9 28 L G EVERIST INC MW SWSW 259382 SECTION 31,TOWNSHIP 2 NORTH,RANGE 66 WEST I 29 ARNDT STEVEN&CINDY PROPERTY OWNED BY WE D,S NENW 187790 35 660 260 30 ARNDT STEVEN JBCINDY PROPERTY OWNED BY LGE IR NENW 12883-R 1000 51 10 SECTION 24,TOWNSHIP 2 NORTH,RANGE 67 WEST NO WELLS WITHIN 200 FEET I I I I I I I SECTION 25,TOWNSHIP 2 NORTH,RANGE 67 WEST 31 CLASEN LESTER N-PROPERTY OWNED BY LGE D NENE 47204 10 43 23 32 L G EVERIST INC MW NENE 259388 I 33 DODGE FREDDY&LISA D NENE 158009 550 125 34 L G EVERIST INC MW NWNE 259387 35 SANDSTEAD,DEAN-PROPERTY OWNED BY DAVID BELL O NWNE 242264 10 560 240 36 SANDSTEAD,DEAN-UNDER PURCHASE AGREEMENT WITH LO EVERIST,INC D NWNE 239875 50 20 ' 37 L G EVERIST INC IR NWSE 832-R 1400W 41 5 38 VINCENT)RBR-PROPERTY MIMED BY LGE IR NWSE 881- BC 73 39 PIONEER LAND&CATTLE CO.-PROPERTY OWNED BY LGE D SESE 147779-A 15 28 6 40 L G EVERIST INC MW SESE 259381 I 41 LG EVERIST MW NESW 259386 42 EWING AC-PROPERTY OWNED BY LGE IR SESW 11170-R 1200 51 20 43 L O EVERIST INC MW SWSE 259380 SECTION 36,TOWNSHIP 2 NORTH,RANGE 67 WEST I 44 L G EVERIST INC D NENENE 183741-A 15 40 5 45 L G EVERIST INC D SENE 266881 15 10 46 DOUGLAS BONITA D SWNE 198087-A 15 40 18 I47 L G EVERIST INC IR SWNE 12884-R 700 31 10 Use Key:D-domestic;IR-Irrigation;MW-Monitering Well,C-Commercial ' S-Stock',ID-Industrial;GP-Gravel Pit',HH-Household I1zw^G7/2012 19 kiv,� . , ''l tat: 19 Il '-j ) i t ._ fcil• f • I • i -NR c 0 • `` o • O ` O %O131141 O l , I/ � •- Flume - • ti 14 Q iphon WW 1579,1 495044;715 W -158Q09 /7-• . SWW-47204 0 AN • • ` SWW-6 :. 4 W� •':'•�- 2 ClIFW -66273-F •� . I i i `�, WW-239875 ) Ct) k W-242264ikikAktiW311-i- -. at •�� ) %-: . jlO rit t • o ` 1 \ a • 1 -ft. ° Lupton nd gnd Gravel Mine /rti? I 1 1 • f— 1 ,008.71 AC. ,/ \ Permit # M- 1999- 120 , f 5 SW*-832 �� ► _ - . ., . . y41 I , en c • 1Soo \I i a � � WW,881 L-� p -58544 ° ) - \ I W-58541 l_ \%1 4 I) / • r 0 0 i WW -71217W8C / �WW�08ii ' iN WW-147779 \;- '� 41 l'C 48826 , k� ) . 1 ,) ° i `' , WW-183741 ,-,- I J • 4. Vt \r _ „t° 9 I --- ) )t ,. ., 7 is 0 79 a Declination i i M 7 W -12884 3 31 ! a I893 i WW-266881 488 . :w�; . � f . •• 2 •• a , r - . • • V bi I i 2 4 I MN 8° 48' E iIS i 8. MyTo• • I Name: FORT LUPTON (CO) LOCATED IN PARTS OF , SECTIONS L.G. EVERIST, INC. Date: 07/17/12 19, 30 & 31 , T-2 N, R-66-W, AND PART FIRESTONE GRAVEL RESOURCE Scale: finch = 1 ,250 ft. OF SECTION 25 & 36, T-2-N, R-67-W, I 6TH P.M . , WELD COUNTY, MAP EXHIBIT G- 1 COLORADO WATER WELLS WITHIN 200' I07/2012 20 • _ � __y . . - 7. _ IJ s + Hit if N I - , -- .41. arlioArifa,r ,- , 1 � -\ ,a1rl• • ' ; • iithwis et . ^ 4 1 w --I 1. 1 • -_ J � - .7 �.. _ w � • . _ ---%\t":4i, .....!-- • 4,2-; Or y/r t ! ' '�V 4 i a ..I at IlleASIII (4 i.\r11 k it I. i .. 1 , W le . . 're--r•- l• > I .. . ir x ! sr ,if • k. i 49\ : •(1 *• %. \ • 4. . MW 25 11 - a_ 4pill‘jilt 1 • -, Jj/ ( MW8 •"1 \IF '4• - 1 r`. it . MW 7 _ S. df ,� - - MW 1 s Hill ; I - - 11 ` 4' MW 24\. ; I a MW 43 •kr a r i rMW 41 r 1D1W 44� _. „v, ar.. .7." - y r1 MW 15 S► . its. ' � . MW14h _ - -�' 11 j• r MW 42 • MW23 So .:.<- -- MW 13 ` _ , a� - . �;' �r ._ • . _ 0r `• � 0 MW 6 ..w .: .ii f -dam- S ..I - _ fJ- 1 _ - �'' s MW4v :. // MW 16 s- MW 21 dr MW 22 11 ; _ 11 Y _ > �,' �r MW 20 MW 5 ,. *' Laid l; a iloyralitit,10...c -,•• , 1 A. y ��i `II If MW38 r ' • _ \; w • ,, ry 4 v ` . : , i 4., MW 37 1/ MW.3 .,__ \ - / dr MW 36 � 1 N : '. , I : 4 ,:-..• 1p / V{ / . + • i . Ilk r • ... R one 1.'; v 14 a _ a.MW 35 -a. �MW 34 MW 33 �r rMW 32 .' *. MW2 ,'t i , i., . • te,, fro' J, / MW 30 0 >- = MW 31 f.� I.} MW 29 AF r .1- �� . 4 1 �.t- . . .- I + ` ..s. et! "Xs. Ilk • . t I -4.0 y 4 MW 28 a MW 27 __ - _ _ _. 4 •- 'i n.: r tiry 1 1 H cairn • •�.. yr . / , r 1 AP. `aIII '1 f - MAP EXHIBIT - G-2 - - # . IS /• MONITERING WELL LOCATIONS PHOTO DATE 11/2010 ', " . L.G. EVERIST, INC - FORT LUPTON S&G 07/2012 21 Exhibit H - WILDLIFE INFORMATION ' The wildlife information provided in 1999, 2004 and for the Lupton Meadows Reservoir (M-2002-104) is applicable for the new ' property being added. Please refer to files for that information. All of the new parcels have been actively farmed for many ' years . The crops grown were mostly produced, some corn and alfalfa were grown on the eastern parcels of the Parker Stages . A 200 foot band of undisturbed area will be maintained along ' the South Platte River. A 25 foot setback will be maintained from each side of the Little Dry Creek/Slate Ditch that bisects the property from north to south. 1 I 1 1 1 ' 07/2012 22 1 ' EXHIBIT I SOILS INFORMATION A new soils map is provided showing the entire permit area. The soils information currently in the file for this mine and Lupton Meadows Reservoir permit files supply descriptions for ' these soil types . Soils on the amended Fort Lupton Sand and Gravel mine site consists primarily of 3- Aquolls & Aquents gravely substratum and ' 41-Nunn clay loam. These soils are primarily suited for pasture, rangeland and ' wildlife habitat . They are well suited to reestablishment of grasses as proposed in the Reclamation Plan. 1 I 1 t 1 1 ' 07/2012 23 Custom Soil Resource Report I Soil Map a v 2 ip co o 513600 514000 514400 514800 515200 515600 40' 7' 22" t • \ 40 i' 22" • I o cv O yr . , ./ .,_ .... ♦y- .� el it l i Ps .{ it ki i 'MI"' ki a-r A i ebb , I • , I ...N )1411 :4 ( . }• iiii r - -,...DM i g ,;; 'U f li,. ;. o v « .t. s L Win; �` 4 k x' co • s r . . �r v !CIA' * I .�- J• - ��, . . -a-. �1 _ _ �i' *� I et. r �1 t 1� _ _ ry fir' R j,1 '.1 . %40 fi I 0 . , . 0 , _ -ii,„, 1 v *� 1 1 1 t 0 o L v v \ 1s v I v v • 1 v v a -. t:' 1kt , li\l'r at. i O ♦ J 8 7N) k '4 . Iiii 0 } 0 30 . ' r - � � )111110"II . . ,,...t • • r �G "/s 1 O Cl.(3V �, '� .4,0 •.iii, O O !! I O M : , I a itiL\gi r i / K ... 5 I 4:4 1 \1/4 4. 8 1 1. - _ C--------. ... ..., CM M �t0NH11.94141/43/441\r"11 NO, 1PF ) 4, , it ' i Sit- 8 . CO o t 41 , , v I ♦_ /� 1 • r - o {{ - ll �- I -- -__, ,,,,,, 4 ' * $., I f 1 .caPIP . • O ll ' e I a t O r� ! , E 40° 5' 30" § Is 40 5' 30" 51360044 514000 514400 514800 515200 515600 v v Map Scale. 1 16.400 if panted on A size (8.5" x 11") sheet in I o Meters co 7 N 0 150 300 600 900 0 A Feet 0 500 1,000 2,000 3,000 I07/2012 24 I o c co a o o CD 0) N a O -n CU C L N cn a)r 4cja) O CU r N a) _ 0 ° c CJ CO r--- L C 0 0 0 O a) .Q O C c 2 E to ca .- U c) a) ° 1- O "� ca u) ( -E a) O - s a) r a 0) o C al L N 0 r C O CU o 0 0 o co E 0 L o a) a m a) a w L U) 0 M N X a O Q) ca C O L Q) Otip 2 cn (9 a Q) z O " -- ao o co E cLn a) pa Zco CV 0 E cn Q -- O E O a C Q i ca L `O 2 I IX a) cn a) -5_ N E ° w Q oN 3 � cacn w.• O 76 co ca w E L N t°n M 0 O m (0 C co ° o D 0 o Q Q N ° Q ma O c 0 m a) o cco 3 c r r a3 t a a) o >, > w o L 3 c o o 3 c 0 E ≥, as a) U.. to o cnr L n Z c `° o o O aN E o o c a a) ca E �. c ° U . c a O o c c To r a) w 03 >, a E >' � o � ai a�i � tea) 3 na _c Q �. L 2 r-+ a) y-.. Ct w .� co CU -I N > to C .o v Y a > a) p E• C n co E 0) E L L > a) co(a O Q) C CO, — Q) ui a) cn 0) 0 a) ca C o =p >.• a ZO 0 (n -0 Q (D L co COhi i c v >, E o Q a) 0a a3 c TV a) o . '0 CU ° o c 0) -a E n a) m 0 (n •E o = a) a I co a m �, 0co w o — 2 .� a) E cv E m L ._ (a O _o 0 o a) O L O a ca L O E w w E av, a E co c) f— .. u) u) a H c) ._ O 0 a N CC a) 0 L D Oco LO I CC O ^N O CO -o (n ° c o _ a 'cis ca ° o a as s a <� L c Cl) v� w o v m cn >, d a c cc = , m U o o o a) a> O co- nci cf) f— co m o fl m 1i > r a- ai U' C U) CO cn °` 7-7 s L = . U) c n� a) > 0 c O CO 0 - U Q_ c a. 6. cn o 32 0 r o CU I z 8 I a � r VI To i �� a 45 a ] W J I CL Q a Cl) C a •o G $2 a) 2 - w ` .5 a3 . 3 m a V a) _ a) a 3 (0 O O2 `O a c J • «. N .- CO 3 cn a C a a W O ca t) n .. Q. O 0 Q. > O N > > a. a) a O o CO y 3 — — ° o` ca c O T o p Q I Q m 3 > u°i > > co a) c Y a) o c N a) O C O O (0 O � c`9 o c>0 a; = �n O O ca ca a) ≤ o n O 2 < U) •o m m U U O O J J 2 2 > Q. cc U) Cl) Cl') Co U) U) Cl) U) d a- I o ♦ . +; c' ' V ® > + , III O it, (1{ 40 0 a a Q U) I N .-I O N I N- I ' Custom Soil Resource Report I ' Map Unit Legend Weld County,Colorado,Southern Part(CO618) IMap Unit Symbol I Map Unit Name I Acres In AOI Percent of AOI 1 Altvan loam,0 to 1 percent slopes 3.0 0.3% ' 3 Aquolls and Aquents,gravelly substratum 668.5 65.5% 10 Bankard sandy loam,0 to 3 percent slopes 122.4 12.0°/ 32 Kim loam, 1 to 3 percent slopes 3.6 0.3% ' 41 Nunn clay loam,0 to 1 percent slopes 169.5 16.6% 47 Olney fine sandy loam,1 to 3 percent slopes 11.1 1.1% I 69 _Valent sand,0 to 3 percent slopes 8.4 0.8% 70 Valent sand,3 to 9 percent slopes 15.3 1.5"/ 85 Water 18.4 1.8% 1 Totals for Area of Interest 1,020.2 100.0% I Map Unit Descriptions I 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, along with the maps, can be used to determine the composition and properties of a unit. I 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 I 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 I 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 Iother than those of the major soils. Most minor soils have properties similar to those of the dominant soil or soils in the map unit, and thus they do not affect use and management. These are called I noncontrasting, or similar, components. They may or may not be mentioned in a particular map unit description. Other minor components, however, have properties and behavioral characteristics divergent enough to affect use or to require different I management.These are called contrasting,or dissimilar,components.They generally are in small areas and could not be mapped separately because of the scale used. Some small areas of strongly contrasting soils or miscellaneous areas are identified I by a special symbol on the maps. If included in the database for a given area, the contrasting minor components are identified in the map unit descriptions along with some characteristics of each. A few areas of minor components may not have been observed, and consequently they are not mentioned in the descriptions, especially I07/2012 26 Custom Soil Resource Report ' Weld County, Colorado, Southern Part 1—Altvan loam, 0 to 1 percent slopes Map Unit Setting ' Elevation:4,500 to 4,900 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: 90 percent Minor components: 10 percent Description of Altvan Setting Landform:Terraces Down-slope shape: Linear Across-slope shape: Linear Parent material: Old alluvium Properties and qualities ' Slope: 0 to 1 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 (0.20 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: 5 percent Available water capacity: Low (about 5.7 inches) ' Interpretive groups Land capability classification (irrigated): 3s Land capability(nonirrigated):4e Ecological site: Loamy Plains (R067BY002CO) Typical profile 0 to 10 inches: Loam 10 to 25 inches: Clay loam 25 to 60 inches: Gravelly sand ' Minor Components Cascajo Percent of map unit: 9 percent ' Aquic haplustolls Percent of map unit: 1 percent ' Landform: Swales ' 07/2012 27 Custom Soil Resource Report ' 3—Aquolls and Aquents, gravelly substratum Map Unit Setting ' Elevation:4,000 to 7,200 feet Mean annual precipitation: 12 to 18 inches Mean annual air temperature:45 to 55 degrees F ' Frost-free period: 80 to 155 days Map Unit Composition Aquolls and similar soils: 55 percent Aquents, gravelly substratum, and similar soils: 30 percent Minor components: 15 percent Description of Aquolls Setting Landform:Swales, streams, flood plains ' Down-slope shape: Linear Across-slope shape: Linear Parent material: Recent alluvium ' Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches ' Drainage class: Poorly 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:About 6 to 48 inches Frequency of flooding: Frequent Frequency of ponding: None Maximum salinity: Nonsaline to very slightly saline (0.0 to 4.0 mmhos/cm) Available water capacity: Moderate (about 8.0 inches) Interpretive groups Land capability(non irrigated): 6w Ecological site: Salt Meadow(R067BY035CO) Typical profile ' 0 to 48 inches: Loam 48 to 60 inches:Gravelly sand Description of Aquents, Gravelly Substratum ' Setting Landform: Stream terraces Down-slope shape: Linear ' Across-slope shape: Linear Parent material: Recent alluvium Properties and qualities Slope:0 to 3 percent 07/2012 28 Custom Soil Resource Report Depth to restrictive feature: More than 80 inches Drainage class: Poorly drained ' Capacity of the most limiting layer to transmit water(Ksat): Moderately high to very high (0.57 to 19.98 in/hr) Depth to water table:About 6 to 24 inches ' Frequency of flooding: Frequent Frequency of ponding: None Calcium carbonate, maximum content: 10 percent Maximum salinity: Nonsaline to slightly saline (0.0 to 8.0 mmhos/cm) ' Available water capacity: Moderate (about 6.6 inches) Interpretive groups Land capability classification (irrigated):6w ' Land capability(nonirrigated): 6w Ecological site: Salt Meadow(R067BY035CO) ' Typical profile 0 to 48 inches:Variable 48 to 60 inches:Very gravelly sand ' Minor Components Bankard Percent of map unit: 10 percent ' Ustic torrifluvents Percent of map unit 5 percent 1 ' 10—Bankard sandy loam, 0 to 3 percent slopes Map Unit Setting ' Elevation:4,450 to 5,000 feet Mean annual precipitation: 10 to 14 inches Mean annual air temperature:48 to 52 degrees F Frost-free period: 95 to 160 days ' Map Unit Composition Bankard and similar soils: 85 percent ' Minor components: 15 percent Description of Bankard Setting Landform: Low sand ridges, flood plains Down-slope shape: Linear Across-slope shape: Linear Parent material: Stratified, recent alluvium Properties and qualities ' Slope:0 to 3 percent Depth to restrictive feature: More than 80 inches i07/2012 29 Custom Soil Resource Report Drainage class: Somewhat excessively drained Capacity of the most limiting layer to transmit water(Ksat): High (2.00 to 6.00 in/hr) ' Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 10 percent ' Available water capacity: Low(about 4.5 inches) Interpretive groups ' Land capability classification (irrigated):4w Land capability(nonirrigated):4w Ecological site: Sandy Bottomland (R067BY031CO) Typical profile 0 to 4 inches: Sandy loam 4 to 60 inches: Stratified gravelly sand to loam ' Minor Components Mollic fluvaquents Percent of map unit:9 percent ' Landform:Terraces Blakeland Percent of map unit:6 percent 1 32—Kim loam, 1 to 3 percent slopes Map Unit Setting ' Elevation:4,900 to 5,250 feet Mean annual precipitation: 13 to 17 inches Mean annual air temperature:46 to 52 degrees F Frost-free period: 125 to 150 days Map Unit Composition Kim and similar soils: 90 percent ' Minor components: 10 percent Description of Kim ' Setting Landform:Alluvial fans, plains Down-slope shape: Linear ' Across-slope shape: Linear Parent material: Mixed eolian deposits derived from sedimentary rock Properties and qualities ' Slope: 1 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 high to high t (0.57 to 5.95 in/hr) ' 07/2012 30 Custom Soil Resource Report 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: Moderate (about 9.0 inches) ' Interpretive groups Land capability classification (irrigated):3e Land capability(non irrigated):4e Ecological site: Loamy Plains (R067BY002C0) Typical profile 0 to 12 inches: Loam ' 12 to 40 inches: Loam 40 to 60 inches: Fine sandy loam ' Minor Components Otero Percent of map unit: 10 percent 41—Nunn clay loam, 0 to 1 percent slopes Map Unit Setting Elevation:4,550 to 5,150 feet ' Mean annual precipitation: 12 to 18 inches Mean annual air temperature:46 to 54 degrees F Frost-free period: 115 to 180 days Map Unit Composition Nunn and similar soils:85 percent Minor components: 15 percent ' Description of Nunn Setting ' Landform: Plains, terraces Down-slope shape: Linear Across-slope shape: Linear ' Parent material: Mixed alluvium and/or eolian deposits Properties and qualities Slope: 0 to 1 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: 15 percent i07/2012 31 Custom Soil Resource Report Maximum salinity: Nonsaline (0.0 to 2.0 mmhos/cm) Available water capacity: High (about 9.1 inches) ' Interpretive groups Land capability classification (irrigated): 2e Ecological site: Clayey Plains (R067BY042CO) ' Typical profile 0 to 9 inches: Clay loam 9 to 29 inches: Clay loam ' 29 to 60 inches: Sandy loam Minor Components ' Heldt Percent of map unit: 7 percent Dacono Percent of map unit:4 percent Altvan Percent of map unit:4 percent ' 47—Olney fine sandy loam, 1 to 3 percent slopes Map Unit Setting ' Elevation:4,600 to 5,200 feet Mean annual precipitation: 11 to 15 inches Mean annual air temperature:46 to 54 degrees F Frost-free period: 125 to 175 days Map Unit Composition Olney and similar soils: 85 percent ' Minor components: 15 percent Description of Olney ' Setting Landform: Plains Down-slope shape: Linear ' Across-slope shape: Linear Parent material: Mixed deposit outwash Properties and qualities ' Slope: 1 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 high to high ' (0.57 to 2.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None f07/2012 32 Custom Soil Resource Report Calcium carbonate, maximum content: 15 percent Maximum salinity: Nonsaline (0.0 to 2.0 mmhos/cm) ' Available water capacity: Moderate (about 7.0 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability(nonirrigated):4c Ecological site: Sandy Plains(R067BY024CO) Typical profile ' 0 to 10 inches: Fine sandy loam 10 to 20 inches: Sandy clay loam 20 to 25 inches: Sandy clay loam ' 25 to 60 inches: Fine sandy loam Minor Components ' Zigweid Percent of map unit: 10 percent Vona Percent of map unit: 5 percent 1 69—Valent sand, 0 to 3 percent slopes Map Unit Setting ' Elevation:4,650 to 5,100 feet Mean annual precipitation: 13 to 19 inches Mean annual air temperature:48 to 52 degrees F ' Frost-free period: 130 to 180 days Map Unit Composition Valent and similar soils: 90 percent ' Minor components: 10 percent Description of Valent ' Setting Landform: Plains Down-slope shape: Linear ' Across-slope shape: Linear Parent material: Eolian deposits Properties and qualities ' Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Excessively drained ' Capacity of the most limiting layer to transmit water(Ksat): High to very high (5.95 to 19.98 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None t07/2012 33 Custom Soil Resource Report Available water capacity:Very low(about 2.6 inches) Interpretive groups Land capability classification (irrigated):4e Land capability(nonirrigated): 6e Ecological site: Deep Sand (R067BY015CO) ' Typical profile 0 to 8 inches: Fine sand 8 to 60 inches: Sand Minor Components Osgood Percent of map unit: 10 percent ' 70—Valent sand, 3 to 9 percent slopes Map Unit Setting ' Elevation:4,650 to 5,100 feet Mean annual precipitation: 13 to 19 inches Mean annual air temperature:48 to 52 degrees F ' Frost-free period: 130 to 180 days Map Unit Composition t Valent and similar soils:95 percent Minor components: 5 percent Description of Valent ' Setting Landform: Plains Down-slope shape: Linear ' Across-slope shape: Linear Parent material: Eolian deposits ' Properties and qualities Slope: 3 to 9 percent Depth to restrictive feature: More than 80 inches Drainage class: Excessively drained ' Capacity of the most limiting layer to transmit water(Ksat): High to very high (5.95 to 19.98 in/hr) Depth to water table: More than 80 inches ' Frequency of flooding: None Frequency of ponding: None Available water capacity:Very low(about 2.6 inches) ' Interpretive groups Land capability classification (irrigated):4e Land capability(nonirrigated): 6e Ecological site: Deep Sand (R067BY015CO) ' 07/2012 34 Custom Soil Resource Report Typical profile 0 to 8 inches: Fine sand 8 to 60 inches: Sand Minor Components Osgood Percent of map unit:5 percent I 85—Water Map Unit Composition Water 95 percent Minor components: 5 percent Minor Components Aquolls ' Percent of map unit: 5 percent Landform: Marshes 1 1 07/2012 35 I ' EXHIBIT J VEGETATION INFORMATION Introduction The majority of the amended area is located south and west of the Fort Lupton Sand and Gravel Mine Permit and the Lupton Meadows Reservoir Permit . Most of the amended acreage consists ' of agricultural land; however, some native vegetation occurs along Little Dry Creek/Slate Ditch which crosses the Parker and Vincent parcels . The overall property appears to have had a long ' history of agricultural use including irrigated and non-irrigated crop and pasture land. The Blue Ribbon Nursery parcel was previously used as a ' commercial tree farm which appears to have been suspended some time ago . All remnants of the nursery operation have been removed and the site will be used to grow crops until it is needed for mining. Vegetation Information Vegetation Type Descriptions The following vegetation types were observed and mapped on the site . Pastures/agricultural crops - Excluding the Blue Ribbon ' Nursery parcel most of the upland portions of the amended acreage consist of pastures developed for grazing livestock or have been used to grow various irrigated crops ranging from corn and alfalfa to vegetables , like cabbage, beats, and squash. Disturbed Areas - Disturbed areas consist of the areas that ' are being mined under the two current DRMS Permits (M-1999- 120 and M-2002-104) . Disturbed areas also include sand and gravel processing plant areas, aggregate stockpile areas, internal haul roads, oil and gas wells and related production facilities and tank batteries and the like . Weedy species occur along the edges of the fields and along farm roads and temporary access roads that the farmers have not historically controlled. Riparian/Lowland Areas - Riparian lowland areas occur along ' the South Platte adjacent to the east side of Blue Ribbon, Adam and Parker parcels . All of the riparian areas are located outside proposed mining areas . The areas are ' characterized by plains cottonwood and peach-leaved willow trees . Stands of coyote willow are also common. Due largely to past livestock grazing practices, the understory is relatively sparse and consists mainly of upland weeds . ' No rare, threatened or endangered plant species are known to occur in the amendment area. ' 07/2012 36 I EXHIBIT K CLIMATE I Information was downloaded from the Climatology Data-base at Colorado State University. The average Daily temperature is 50.70 degrees and the average precipitations amount is 13.45 inches per year. BRIGHTON is the closest data collection station to this property(S miles). The data in the table is for the years 1997-2009,most recent published. Station data Latitude-40°00"Longitude-104°48'Elevation-4970 Feet MONTHLY MEAN TEMPERATURE. (F) IJAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ANNUAL AVERAGE 31.0 33.0 40.9 48.4 58.3 67.4 74.8 71.7 62.9 50.5 39.5 30.6 50.7 I MAXIMUM 37.5 38.7 47.5 51.7 60.6 71.8 76.6 75.0 67.4 55.0 45.4 34.9 51.5 YEAR 2006 1999 2004 2006 2000 2006 2007 2007 1998 2003 1999 1999 1999 MINIMUM 18.4 27.4 34.9 42.1 56.2 63.3 71.2 68.2 58.7 45.4 30.3 25.7 48.8 I YEAR 2007 2001 2002 _ 1997 1999 1998 2004 2004 2006 2002 2000 2008 1997 YEARS OF RECORD 13 13 12 12 12 12 11 12 12 11 11 11 10 13 I MONTHLY MEAN MAXIMUM TEMPERATURE. (F) AVERAGE 45.6 47.4 55.8 63.5 74.1 83.9 91.7 87.7 79.6 66.7 54.2 45.0 66.2 MAXIMUM 53.3 55.9 63.9 69.7 78.4 90.3 95.2 90.9 84.7 73.1 64.4 49.5 67.3 IYEAR 2006 1999 2004 2006 2006 2006 2003 2007 1998 2003 1999 2004 2006 MINIMUM 33.2 39.2 50.2 55.6 70.7 78.2 87.1 84.2 74.4 60.9 43.0 39.5 63.3 IYEAR 2007 2001 2002 1997 1999 2003 2004 1997 1999 2002 2000 2008 1997 YEARS OF RECORD 13 13 12 12 12 11 12 12 11 11 11 10 13 MONTHLY MEAN MINIMUM TEMPERATURE. (F) IAVERAGE 16.4 18.6 26.0 33.2 42.5 50.9 57.8 55.8 46.1 34.2 24.7 16.1 35.1 MAXIMUM 21.6 22.7 31.4 36.1 44.1 53.5 59.6 59.0 50.0 36.8 28.4 20.9 35.9 YEAR 2006 2000 2007 2003 2004 2002 2007 2007 1998 2003 1998 1999 1999 IMINIMUM 3.5 14.5 19.5 28.6 40.7 47.5 55.2 52.0 42.3 29.8 17.5 11.3 34.1 AR 2007 2006 2002 1997 2002 1998 2004 2004 2006 2002 2000 2000 2002 I YEARS OF RECORD 13 13 12 12 12 12 11 12 12 11 11 11I 10 TOTAL MONTHLY PRECIPITATION. (IN) I AVERAGE 0.37 0.29 0.88 1.98 1.80 1.33 1.39 2.32 1.01 1.00 0.48 0.45 13.45 MAXIMUM 0.91 0.65 2.33 5.49 4.14 4.55 2.75 3.71 2.15 2.56 0.81 1.82 20.18 YEAR 1999 2003 2003 1999 2001 1997 1999 2008 1999 2005 2000 2006 1997 I MINIMUM 0.00 0.00 0.24 0.06 0.06 0.05 0.17 0.83 0.07 0.10 0.19 0.05 9.22 YEAR 2003 2009 1999 2002 2006 2006 2008 1998 2003 2003 2003 2002 2002 YEARS OF RECORD 13 13 12 12 12 12 12 12 12 11 11 11 11 ITOTAL MONTHLY SNOWFALL. (IN) AVERAGE 4.90 3.60 6.80 3.50 0.70 0.00 0.00 0.00 0.10 3.10 3.90 5.60 32.20 I MAXIMUM 13.00 8.00 19.50 11.70 6.50 0.00 0.00 0.00 1.50 18.00 9.50 17.00 46.20 YEAR 2007 2001 2003 1999 2003 2008 2008 2008 2000 1997 1999 2006 1997 MINIMUM 0.00 0.00 1.10 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.20 19.80 I YEAR 2003 2005 2004 2006 2008 2008 2008 2008 2008 2008 2005 2002 2004 YEARS OF RECORD 12 12 12 12 12 12 12 12 12 11 11 11 11 PREPARED FROM DATA PROVIDED BY.COLORADO CLIMATE CENTER,DEPT.OF ATMOSPHERIC SCIENCE,COLORADO STATE FT.COLLINS.CO 80523, ' (303)491-8545. DOWN LOADED FROM DATABASE -January 27,2011 I07/2012 37 1 EXHIBIT L RECLAMATION COSTS This reclamation cost estimate is based on the assumption that no more then 155 . 00 acres will need some form of reclamation at any one time . Of this, 150 . 35 acres will need revegetation ' and resoiling and 19 . 25 acres is road area. The 79 . 0 acre Plant Site as shown on the Mining Plan Map - Exhibit C-1, covers parts of 3 stages . The scale area in the Parker-Panowicz Stage and G&S ' Solutions plant area, in the Swingle South Stage are included under the Stage where they are located. The numbers used for Sandstead are based on the worst case backfilling needs assuming that only part of the stage will be mined and backfilled on the ' largest cell . At this time approximately 20% of the 15 . 51 acres mined will be backfilled. The depth to the water table is 10 feet so fill will have to be placed 2 foot above the water table ' meaning the total fill depth is will average 22 feet . The total yards needed for filling are shown on TABLEL3. There will be adequate material on site to complete backfilling so only hauling ' costs have been included in this estimate base on a maximum haul distance of 2 , 700 feet . The TABLESL1, L2, and L3 contain all the base information used to calculate this estimate . The disturbed areas include, the ' plant site; roads; slurry wall construction pads and staging areas; the above water areas around active mining areas that are stripped, partially mined or partially reclaimed areas . ' Between the two mines there are 2 certified slurry walls; 3 installed walls which are not certified and have exposed water; and 2 new walls that will be installed by October 2012 but will ' not have exposed water. The slurry wall depths to bottom of key trench and as built lengths are shown in the TABLEL3. The total potential water surface area in the 3 uncertified reservoirs areas is estimated to be 89 . 74 acres . In this estimate we would ' have to complete bank backfilling on 16 , 650 linear feet at 41 . 68 cyd/linear ft . The slurry wall platforms would only need grading and seeding as they were/are built using growth medium and fines ' from the mine area . FIGURE L is a color coded map showing the status of each slurry wall listed above, green lines are certified; blue lines are installed with exposed water but not ' certified; yellow lines are slurry walls that have been completed but no water is exposed and orange lines are construction areas . The volume of concrete contained in the foundations of the ' scale and the processing plant is 125 yards . A 627C Cat motor scraper or similar equipment will be used to resoil and backfill the settling pond areas and a 140G Cat motor grader or similar equipment will be used to shape the seed bed, the resoiled areas and rip the plant site . A D8N Cat dozer or similar equipment will be used to reconstruct the compacted liner on the perimeter of the reservoirs . We have included a factor of 20% for the Division to do remedial work on the completed liners if SEO certification is not accomplished. We also rounded the pumping time to the next day and used 72 , 300 gal/day as a transmissivity number to figure inflow from the aquifer. These figures are then used in the calculations for the bond amount . The tables below outline the ' various areas of disturbance at the time described above . 07/2012 38 I EXHIBIT L RECLAMATION COSTS(cont) ' TABLE L1 CALCULATION FACTORS IExplanation Quantity Units Soil depth 8.00 Inches I Lake bank sloping construction 41.68 cy/Lft Slurry wall installation cost $3.00 sq-ft Slurry wall bond factor 20% I Bank slope construction time 267 days Weed control costs $5,000.00 Per year ITABLE L2 DEWATERING DATA I Description Amount Units Area 100% of lake depth 80.77 acres maximum depth 25 feet Ilength of Y2:1 slopes 16,650 feet Unit volume of water on '/::1 slopes 156.25 cft/Lft I Gallon conversion factor 7.48 gal/cft Transmissivity# 72,300 gal/day Pump rate minimum 6,000 gpm ICALCULATED VOLUMES AND TIMES Slope water volumes I /: :1 slope capacity 19,459,688 gal 100% depth 658,040,985 gal Total pumping volume 677,500,673 gal I Pumping time Dewater lake 78.41 Days Slope construction time 267.09 Days ' Recharge factor for inflow during 2.89 Days sloping time and Dewatering TOTAL PUMPING TIME* 348.00 Days I *NM E:pumping time rounded to next full day I I I I07/2012 39 1 LO LO (n c') CO r O^Lo c7 N N N 0) O O O c0 r m I f in ` co 0 c0 W O oo r ' 0 0 0 d o 0 0 a. LOo N ' N CO c') N 0 H V V M ,- -0 r r O I w 0 • Z N r O r u3 I E O O J M C w c0 CO (n W CO I u mf, o o C) i (n 5 'o co co CO N NN rco O F W 0 I O H d o ; CO V -Ear co W N O U) r • O 3i n • r_ 0 in n (n ; N F N I co W Z co j c. w U onm cO co "— re r w U- ate) CC 0 I NI- N CO CO (() O 0 3 CO N CO m u r r co O (O O O) N O) O o i N O M r 1 .co N N M w 0. ' m M (h O O O) W O 0 CO Lt) LO NO W N• O (O v 3 co CO If) (O O) m M r N q N V (D v f I O W O) 0 0 ;y V V W (n O ER 0 v M N N o coq= r (0 0 m Ti ) J I H I-5 z z W p a I 0 Z 0 F Z o d mcleW co 0 W wit" W O u) m H F :° W Q O Q CI C0 M 03 J o F W O J Zi r )ll 73 N W J J } @ } W • n X W cc J ¢ n W 3 U o O I m 0 > 5 Y U 7 i_ D Z Q W2' Ill O Q m _ () co O0 0 I ' EXHIBIT L RECLAMATION COSTS(cont) ' ESTIMATED UNIT COSTS FOR RECLAMATION ITEMS: I Unit Cost 1 . Revegetation includes grass seed mix and labor to drill $250 . 00/AC. I 2 . Re-spreading soil and/or growth media with 631-G Motor Scraper, Haul distance less than 900 feet 40 . 4 /YD3 3 . Rip seed bed in plant site, 140G motorgrader . . $60 . 63/ac . I 4 . Grade and shape seed beds, 140G motorgrader . . $59 . 54/ac 5 . Pumping costs includes, full service rental of self contained pump, fuel, maintenance and servicing daily $166 . 67/day** I 6 . Backfill side slopes, D8N Dozer push distance less than 250 feet 63 . 7 /YD3 7 . Backfill settling pond 631-4 Motor Scraper, Haul I distance less than 2700 feet 64 . 6 /YD3 8 . Slurry wall construction $3 . 00 SQ-FT 9 . Slurry wall bonding factor 20% I 10 . Demolition & on-site disposal $7 . 00/Yd. 11 . Secondary Revegetation seeding only $250 . 00/ac RECLAMATION COSTS I1 . Revegetation, 150.37 ac @ $250 .00/ac $37 , 591 . 83 2 . Resoiling, 161, 728 yd' x 1.12 @ 40 .4 /yd3 73 , 171 . 36 I 3 . Rip plant site 79.00 ac @ $60 .63/ac. 4 , 789 . 83 4 . Grading and shaping 150.37 ac. @ $59.54/ac 8, 952 . 26 5 . Dewatering, 348 days @ $166.67/day 58 , 000 . 00 6 . Backfill and compact slopes, 693, 972 yd3 x 1.15 @ I 63 .70/yd' 508 , 712 . 13 7 . Backfill settling pond, 406, 325 yd' @64 .6 /yd3 262 , 948 . 27 8 . Slurry contingency fee . 836, 323 .5 sq-ft @ I ($3 .00x20%) 501, 794 . 10 9 . Demolition & on-site disposal 125 yas@ $7.00/Yd. 875 . 00 10 . Secondary revegetation 150 .37 x 25% x $250 . 00/ac 9, 397 . 96 I 11 . Weed control costs 5, 000 . 00 Net Total $1, 408, 630 . 69 12 . Indirect costs Mobilization 5, 707 . 88 I Insurance, Bond, & Profit 200 , 181 . 27 Administration costs 84 , 040 . 60 TOTAL ESTIMATE $1, 770 , 560 .44 I RECOMMEND BOND BE SET AT $1,770,600.00 Equipment listed in this estimate is used for the calculations and similar types may be used in the I actual reclamation activities at the mine. Source of figured using, Cat Handbook #38 and rental costs from Means for 83% efficiency, for eastern Colorado ** Estimate for services from Rain for Rent, Ft. Lupton, CO (970) 535-4963 IO7/2O12 41 pp. -‘-\ , \ I ' .,,or 1 7 19 l (:.,, ,. / ! \ • -----) \ ` 0 0 o O o o \ 1 ` O M \ • .AID • full • • ` Siphon Flume • `1 • ,� �._ 1.�n �/ 1 i E , ® k \ O ;U Swingl Parer- • Hill - • �� North Panowitz s 0 Oakley I is .) C) Lesel C-i) I t • • 0 \ ' t / CO [� V V ` W • �� GO II ' s Ft. Lupton ►', I o 2 ) \ C Ft. Lupton o East hem . 1; i •, Swingle C 1) �cka), t it South --:-.1-7-1/t I / C----- 0 • Meadows v i _Ngrth di � -� O s E South ill lere) ---a- • • / J Meadows Vincent .� ) i West ( p West I1 I 0 i _ . O .,..,%C., - \ i 1 ) ,,,e9 0 0 \1 r ' t C3/4 / /if , 1 , Declination f ' * /r atN ! i M / ( , (. 1 I // 3 '' • . � 31 i ' Si on l 1 I -r •I ir • • , WI tI ? LI-.2O I MN 8° 48' E i` O ; Coaright (C) 2 ,0 .t op. Name: FORT LUPTON LOCATED IN PARTS OF , SECTIONS 19, L. G. EVER/ST, INC. ll (CO) 30 & 31 , T-2-N , R-66-W, AND PART OF FT. LUPTON SAND AND GRAVEL MINE li Date: 07/11 /12 SECTION 25 & 36, T-2-N , R-67-W, 6TH Scale: 1 inch = 1 , 166 ft. P.M., WELD COUNTY, COLORADO FIGURE L - SLURRY WALLS 1 07/2012 42 t Exhibit M OTHER PERMIT AND LICENSES 1 ' i . An Air Pollution permit in place (00WD0441F) . 2 . Use by Special Review (USR 1255) approval from Weld County Board of Commissioners . (DRMS Permit No. M-1999-120) t3 . Campbell Pit Annexation #1 and #2 (Lupton Meadows Reservoir) approved by the City of Fort Lupton. (DRMS Permit No. M-2002- 104) 4 . A dredge fill permit (404) is not required at this time because ' waters of the U. S . will not be impacted. If jurisdictional wetland areas are mined we will obtain the necessary permit . 5 . A Storm Water Management Plan (SWMP) and CDPS permits exist for 1 the mine, COG-500394 and COG-500459 (Lupton Meadows) . 6 . Well Permits issued by the Colorado State Engineers Office (SEO) : ' Fort Lupton Sand and Gravel Mine, well permit #65814-F, WDID- 0203040 . Lupton Meadows Reservoir, Reception #3641660 , WDID- 0203047 . ' 7 . A Temporary Substitute Water Supply Plan has been approved by the Colorado State Engineer' s Office . Renewal submitted 11/2011 will cover 2012 to 2014 . ' 8 . Flood Hazard Development Permit (FHDP) issued by Weld County. 1 I 1 1 ' O7/2O12 43 iriE L.G. EVERIST, INC. ' ROCK SOLID SINCE 1876 7321 E. 88TH AVENUE, SUITE 200 HENDERSON, COLORADO 80640 NONE 303-287-9606 • FAx 303-289-1348 Exhibit N SOURCE OF LEGAL RIGHT TO ENTER 1 AFFIDAVIT STATE OF COLORADO ) ss. COUNTY OF ADAMS ) Dennis L. Fields, Vice President and Corporate Officer of L.G. Everist, Incorporated, being first duly sworn upon oath, deposes and says: 1. L.G. Everist, Incorporated, is the surface and mineral rights owner of properties within the amended Fort Lupton Sand and Gravel Mine (M-1999-120). Copies of the deeds are available for inspection at their offices in Henderson, Colorado. 2. L.G. Everist, Incorporated, is legally empowered to enter upon the subject lands and to conduct mining operations for sand and gravel and other construction materials on said mine. 3. L.G. Everist, Incorporated, is empowered to acquire any permits for mining on this property with or before the Colorado Mined Land Reclamation Board under the provisions of the Colorado Mined Land Reclamation Act. _ �. ' Signed: Dennis L. Fields, Vice President Subscribed and sworn before this ( 1 — day of T"Cetuiee.Y , 2012, by Dennis L. Fields as Vice President� d of L.G. Everist, Incorporated. Notary Public: JJ/f/vz7"// 1 ui (notary seal) My Commission expires: 0/-03-2--0/3 LYNN MAYER SHULTS NOTARY PUBLIC ' STATE OF COLORADO FL-DRMS-ExN-LegalRightToEnter-2012.doc 07/2012 44 ' Exhibit N SOURCE OF LEGAL RIGHT TO ENTER (cont) Attached are the pertinent pages from the Sandstead - L.G. Everist, Inc . , land purchase contract showing that L .G. Everist has the legal right to permit and access the property until the closing. We expect the closing for this property to be on Wednesday, July 25 , 2012 . A copy of the proof that the property transfer is complete will be provided to the Division once it is available . t t 1 1 ' 07/2012 45 1 1 ADDENt)UM TO CONTRACT TO BUY AND SELL REAII. ESTATE 1 THIS AI)DENI)UM TO CONTRACT TO BUY ANt) SEL.l. REAL. ESTATE (this ' "Addendum") is attached to and made part of the Contract to Buy and Sell Real Estate (Residential), dated June 25, 2012. by and between L.G. EVERIST, INCORPORATED. an Iowa corporation ("Buyer"). and DEAN A. SANDSIEAD and LINDA M. SANDSTI;AD (collectively. "Seller"). In the event of any conflict between the terms of this Addendum and the terms of the Contract to which it is attached, the terms of this Addendum shall control. This Addendum, when taken together with the Contract to which it is attached, shall constitute a single"Contract." ' 1. Legal Description. Buyer and Seller have agreed upon the boundaries oldie real property to he conveyed by Seller to Buyer pursuant to this Contract. However, Buyer and Seller hereby acknowledge that the Title Commitment and the Current Survey for such property have not yet been generated. and as such, agree that for the purposes hereof, the "Property" will he ' described hereunder as set forth on Exhibit A attached hereto. Once the Title Commitment for and the Current Survey of the Property have been completed. Buyer. Seller and the title insurance company will mutually determine the legal description required to he used in the preparation of the conveyance documents. 2. Copies of Documentation Pertaining to the Property. Pursuant to the preprinted form of the Contract and this Addendum. Seller agrees to provide to Buyer copies of any and all surveys, tests. studies. investigations. environmental audits and applications pertaining to the Property which are in Seller's possession and control and also hereby agrees to ' provide Buyer with a signed statement detailing the historical water use and crop y field for the Property (and the appurtenant water rights) for a period as may he reasonably. requested by Buyer. Seller hereby covenants that all such items will be delivered to Buyer w ithin II) days of ' the mutual execution of the Contract and this Addendum ("MEC"). 3. Inspection Contingencies. Buyer shall have a period of 25 days from and after MEC (the "Inspection Period") during which to: (i) conduct such inquiries, tests. evaluations. environmental site assessments. studies and other due diligence on or concerning the Property as Buyer deems necessary or desirable in order to determine any additional factors as may affect ' Buyer's decision whether to purchase the Property. and (ii) obtain and review the Title Documents and Survey. In the event that Buyer either: (a) is dissatisfied with the results of Buyer's inspection for any reason, in Buyer's sole and absolute discretion. or (b) Buyer objects to any state of title as revealed by the Title Documents or Survey. then Buyer may. at any time on or before the end of the Inspection Period (the "Buyer's Objection Deadline"), at its option. (i) terminate the Contract by notice in writing to Seller. or(iii notify Seller in writing of the exact nature of Buyer's objection. in which event Seller and Buyer shall have live days after the ' expiration of the Objection Deadline (the "Inspection Resolution Deadline") in which to resolve such objections to the reasonable satisfaction of Buyer. In the event that Seller and Buyer are unable to reach mutual agreement on how to resolve any such objections by the Inspection Resolution Deadline. Buyer may, at its option, (i) accept the Property without such objections 1 O7/2012 46 1 1 Ditch Company. without the prior written consent of Buyer. which consent will he within the Buyer's sole discretion. 12. Future Changes In Property. Seller understands and acknowledges that some ' or all of the Property may change ownership after the Closing Date. and that the intended future uses for the Properly will include sand and gravel mining by Buyer and/or its successors or assigns. and may include a prospective, but as yet undetermined potential subsequent use as a eater storage and water transmission facility to be owned by a vet to he determined purchaser. ' Seller agrees not to object to any such future use or other potential future uses of the Property. or to any transfer to any such user, or to any land use changes that may he applied for and sought in order to permit or promote such use or other potential future uses of the Property. Seller further ' agrees to support. upon Buyer's request therefor at no out-of-pocket cost to Seller except as otherwise provided in the tbllow ing sentence. Buyer's applications for any permits or approvals for changes in land use. mining permits or other approvals as Buyer deems necessary to permit ' Either to conduct sand and gravel mnung, extraction, processing and related activities on the Property and.'or to develop a sealed water storage facility thereon. and (upon execution of this Contract) hereby grants to Buyer permission (a) to include the Property in any. pending ' applications for any such permits and/or approvals and (h) to begin the permitting process applicable to the Property with respect to any such pending applications andor any new applications tiled by Brier subsequent to the date upon which this Contract is executed but prior ' to the Closing Date. Such applications andior approvals for which Buyer may request Sellers support shall include but not he limited to support for Buyer'; permitting and/or approval processes with respect to any State DR\IS Section 112(e) permits (Mined Land Reclamation ' Permits). and County USR permits. and other permits and/or approvals required by the State of Colorado. the County of Veld and/or the City of Fort Lupton for Buyer to utilize the Property. and any other properties owned by Buyer in the general vicinity of the Property. fur any such ' ahoye-described uses. or any. other permits or approvals applicable thereto. provided however. that Seller will not he required to expend any funds or incur any liability with respect to such support unless Buyer and Seller enter into a mutually acceptable agreement requiring Buyer too ' reimburse Seller with respect to any such expenditures and or liabilities of Seller. The pro%isiuns of this paragraph shall survive the Closing and delivery of the conveyance documents contemplated hereby. and the ultimate owners) operator(s) of the Property shall he designated third party beneficiaries of this paragraph. 13. Representations of Seller. Seller hereby represents to Buyer that the facts ' recited below are true and accurate as of' the date hereof and will he true and accurate on the Closing Date. If, prior to the ('losing Date. Seller discovers that one or more of such facts are untrue or inaccurate it will inform Buyer in writing of its discovery. In the event Seller informs Buyer of any untrue or inaccurate facts and Seller is unable to correct such items prior to the ('losing Date, Buyer may, at its option. terminate this Contract h% notice in writing to Seller. and Seller shall request that Lamest Money holder return the Lamest Money to Buyer. It k expressly agreed that no Inspection by or on behalf of 13uyer shall in an> wa> moditf. affect or ' diminish the representations and warranties of Seller contained herein. In accordance with the immediately preceding sentences. Seller represents to Buyer as follows: ' (a) Seller has good and marketable title to the Property. subject only to the encumbrances and other exceptions identified in the Title Documents accepted by Buyer. and has 07/2012 47 I I BUYER: II.. (1,} rxi Incorporated. an Iowa c►fr.oration ' \anne: Dennis L. Fields C its: Vice President. Mountain Division 1 ti11LI.I',IZ: . ‘ oLaktosiT-SA41-. . I 6-.owN Dean A. Sandstead SELLER: I indh \•1. Sandstead I I I I I I I I I ' 07/2012 48 1 EXHIBIT A Legal Description A portion of Lots One ( I ) and 1 wo (2). of the Northeast Quarter (NI: <+) or Section hvent‘-tire (25). Township Two (2) North. Range Sisk-seven (67) West of the 6'h P.M.. County of Weld. State of Colorado. according to Division No. ; Map as tiled by the Lupton Meadows Land Company in Book 5 of Maps at page I. Weld County Records. as more particulark depicted and described as Parcel 131125100049 in the records of the ()ftiee of the Weld Counts Assessor. eld County. Colorado. The above-described property shall specifically include. ithout limitation. all sand. grasel. aggregate. stone, rock. silt. clay, shale. overhurden and topsoil ling in. on and under such property. and shall also include all minerals. mineral rights and mineral interests owned by Seller associated with andior appurtenant to such proper1 1 1 I12(AR74 ' 07/2012 49 I Exhibit 0 OWNERS OF RECORD ISURFACE AREA AND SUBSTANCE TO BE MINED I 1 L.G. Everist, Inc. 7321 E. 88th Ave, Suite 200 Henderson, CO 80640 IADJOINING LANDOWNERS (WITHIN 200 FEET) 2 Michael Bachofer 15 Ms . Martha Inouye P.O. Box 652 12210 WCR 14 . 5 ILaSalle, CO 80645 Fort Lupton, CO 80621 3 Jon M. Dolieslanger 16 Color Star Growers of Colorado, 11477 WCR 18 Inc . I Fort Lupton, CO 80621 P.O. Box 619 Fort Lupton, CO 80621 4 City Of Thornton I 9500 Civic Center Drive 17 Ms. Anna Verbeek Thornton, CO 80229 11400 WCR 14 . 5 Fort Lupton, CO 80621 5 Freddy & Lisa Dodge I 11992 WCR 18 18 Ms . Lynda Stanek Fort Lupton, CO 80621 11420 WCR 14 . 5 Fort Lupton, CO 80621 6 Mr. Richard Hein I 5290 E. Yale Circle No. 103 19 Bonita Douglas Denver, CO 80222 6638 WCR 23 . 5 Fort Lupton, CO 80621 7 Darrell & Nelva Bearson I 9208 WCR 25 20 Sam & Frances Funakoshi Living Fort Lupton, CO 80621 Trust 6757 WCR 23 .5 8 Mark & Kelly Kinnear Fort Lupton, CO 80621 I 12857 WCR 18 Fort Lupton, CO 80621 21 Ms . Crystal M. Gutierrez 7008 WCR 23 . 5 9 Gomer & Julane Hill Living Trust Fort Lupton, CO 80621 I 12526 WCR 18 Fort Lupton, CO 80621 22 Ms . Joyce Johnson P.O. Box 1092 10 City of Aurora Fort Lupton, CO 80621 I 15151 E. Alameda Pkwy. #3600 Aurora, CO 80012 23 Roger & Judy Patterson P.O. Box 122 I 11 DWW Ewing Farms LLC Fort Lupton, CO 80621 7501 US Highway 85 Fort Lupton, CO 80621 24 Weld County Roads c/o ROW 1150 O Street I 12 Ms. Penny Rankin Greeley, CO 80632 12331 WCR 14 .5 Fort Lupton, CO 80621 25 David Bell 7679 Youngsfield I 13 City of Fort Lupton Arvada, CO 80005 P.O. Box 633 Fort Lupton, CO 80621 26 Virgil L. & Kelly A. Sorenson P.O. Box 437 I 14 So. Platte Valley Historic Fort Lupton, CO 80621 Society P.O. Box 633 Fort Lupton, CO 80621 I I07/2012 50 1 OIL, GAS AND OTHER MINERAL LEASES OF RECORD Anadarko (dba Kerr-McGee) & Foundation Energy ' Panhandle Eastern Pipeline CO. 14800 Landmark Blvd. , Suite 210 1099 18th Street Suite 1800 Dallas, TX 75254 Denver, CO 80202-1918 Top Operating Co. ' KP Kauffman CO 10881 Asbury Ave 1675 Broadway 28th Floor Lakewood, CO 80227 Denver, CO 80202 Encana Oil & Gas t Noble Energy 370 17th St. , Suite 1700 1675 Broadway 28th Floor Denver, CO 80202 Denver, CO 80202 RECORDED ROW's (WITHIN 200 FEET) ' Duke Energy - ROW Top Operating CO. DCP Midstream LLC 10881 Asbury Ave 307 17th St, #900 Lakewood, CO 80227 Denver, CO 80202 ' United Power Anadarko (dba Kerr-McGee) & P.O. Box 929 Panhandle Eastern Pipeline CO. 18551 E. 160th Ave 1099 18th Street Suite 1800 Brighton, CO 80601-8519 ' Denver, CO 80202-1918 Xcel Energy (PSCO) - ROW Colorado Interstate Gas, ROW. 1500 6th Ave. Western Pipelines Greeley, CO 80631 ' P.O. Box 1087 Colorado Springs, CO 80944 Century Link (Qwest) 1801 California St, Suite 1160 KN Energy - gasline ROW Denver, CO 80202 ' P.O. Box 281304 Lakewood, CO 80228 Level 3 Communications 1025 Eldorado Blvd Welco Ventures - gasline ROW Broomfield, CO 80021 ' c/0 Cogswell & Wehrle 1700 Lincoln St. Suite 3500 Lupton Bottom Ditch Denver, CO 80203 C/O Howard (Corkey) Cantrell ' P.O. Box 305 KP Kauffman CO Ft. Lupton, CO 80621 1675 Broadway 28th Floor Denver, CO 80202 1 I ' 07/2012 51 1 Figure 0-1 Property Ownership Map F- - _ G-5) p 9N ; 1 a a o O CI) , u O I \''J wF n COUNTY ROAD IA ,,,t(3 11 2� " L\FORT L UPTON SAND AND SRAVEL MINE I O PERMIT#M-1999-120 1 1 1 0 � 1 LUPTON MEADOWS RESERVOIR 1 I / / PERMIT#M-2002-104 ti r,"/ \ I \ 4'� 1 I ,, vp N 1 N O 1 / ( / 0 0 K__i 6 II oo I jM 1 N I am 1 2 ° m a- _ WELD COUNTY ROAD 14.5 _ — _--�� 2 16 1 0 JUL 16, RR=5:57:37 —52— 1 ' EXHIBIT P MUNICIPALITIES WITHIN TWO MILES The following municipality is within two miles of the permit expansion area. City of Fort Lupton 130 S . McKinley ' P.O. Box 633 Fort Lupton, CO 80621 (303) 857-6694 1 1 1 1 07/2012 53 EXHIBIT O NOTICE TO COUNTY COMMISSIONERS ' NOTICE OF FILING FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATIONS NOTICE TO THE WELD COUNTY BOARD OF COUNTY COMMISSIONERS L.G. Everist, Incorporated (the "Applicant/Operator" ) has applied for an amendment to their Fort Lupton Sand and Gravel Mine, a regular (112) reclamation permit (M-1999-120) from the Colorado Mined Land Reclamation Board ( "the Board" ) to conduct an extraction ' of construction materials 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 Colorado Division of Reclamation, Mining & Safety ( "the Division" ) and the local county clerk and recorders office . The applicant proposes to reclaim the land as Developed Water Storage . Pursuant to C.R. S . 34-32 . 5-116 (4) (m) , C.R. S . , the Board may 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 to the ' application within twenty (20) days of the date of last publication notice pursuant to Section 34-32 . 5-112 (10) , C.R. S . ' If you would like to discuss the proposed post-mining land use, or any other issue regarding this application, please contact Division of Reclamation, Mining & Safety, 1313 Sherman St . , Room 215, Denver, CO 80203 , (303) 866-3567 . You may also contact the applicant directly at the above address or phone number below. ' L.G. Everist, Incorporated. Attention: Lynn M. Shults 303-286-2245 Hand Delivered ' 07/2012 54 EXHIBIT O (cont.) NOTICE TO SOIL CONSERVATION DISTRICT NOTICE OF FILING FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATIONS NOTICE TO THE BOARD OF SUPERVISORS OF THE LOCAL SOIL CONSERVATION DISTRICT PLATTE VALLEY DISTRICT ' L.G. Everist, Incorporated (the "Applicant/Operator" ) has applied for an amendment to their Fort Lupton Sand and Gravel Mine regular (112) reclamation permit (M-1999-120) from the Colorado Mined Land Reclamation Board ( "the Board" ) to conduct an extraction of construction materials 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 Colorado Division of Reclamation, Mining & Safety ( "the Division" ) and the local county clerk and recorders office . ' The applicant proposes to reclaim the land to a Developed Water storage . Pursuant to C.R. S . 34-32 . 5-116 (4) (m) , C.R. S . , the Board may confer with the Board of the local Soil Conservation District ' before approving the post-mining land use . Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments to the application within twenty (20) days of the date of last publication notice pursuant to Section 34-32 . 5-112 (10) , C. R. S . ' If you would like to discuss the proposed post-mining land use, or any other issue regarding this application, please contact Division of Reclamation, Mining & Safety, 1313 Sherman St . , Room 215 , Denver, CO 80203 , (303) 866-3567 . You may also contact the applicant directly at the above address or phone number below. L.G. Everist, Incorporated. Attention: Lynn M. Shults ' 303-286-2245 ' Hand Delivered 07/2012 55 1 ' EXHIBIT R PROOF OF FILING WITH COUNTY CLERK AND RECORDER July 20, 2012 ' Weld County Clerk to the Board Board of County Commissioners Office 1150 0 Street Greeley, Colorado 80631 ' Re : Amendment of a Mined Land Reclamation Permit Dear Sir/Madam: We are delivering to you herewith, an amendment to our ' approved permit application for the Fort Lupton Sand and Gravel Mine (permit # M-1999-120) operated by L.G. Everist, Incorporated. Two copies of the amendment application are on file with the ' Division of Reclamation, Mining & Safety. This copy of the amendment 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 place a copy of such application for public inspection at the office of the Board and Office of the County Clerk and Recorder of the county in ' which the affected land is located. This book must be kept for public review until the amendment ' has been approved by the Division. We will contact you once it is and make arrangements to pickup this copy. Please acknowledge receipt of the copy of the permit amendment by signing in the appropriate space provided below and returning ' one copy of this letter to the person delivering the book. This will be submitted to the Division of Reclamation, Mining & Safety to prove the amendment book was delivered to your office . ' Yours truly, ENVIRONMENT, INC. ' Stevan L. O ' Brian enclosure ' RECEIVED THIS DAY OF , 2012, one copy of an application amendment packet for above referenced mine. 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Po tal SrrviCr l II U S Po t1I Ser,.rir.r 1 CERTIFIED MAIL RECEIPT CERTIFIED MAIL RECEIPT C . IC I to I0nrnr^f M1I I('r:lr 1J� n . .. Prop n�h . ell 41 OFFICIAL ..!' OFFICIAL USE 4rYe.r W''rPaps $ i.; �y ell k�I ' CI 1pWr.w�'wlgibA Ian ROCS Fe. �:; m I CI Draw i arrrorry �y■ N O lbw MNw/�0�t . IbmMrw la i 31 4 i� , - rmlPbYpap— $ 3. IG, � .... • awl cry Idol trgv ircag r.I O .rLib. in: 1 , .�, SOW---...� Irl . 4t. 4µq 114 M1 de --"t 4rlq. r wral r- renr/r 4rwa, co r]w I U.S. Pnstai Service ;7 U.S. Posit Seivi_o I ; N CERTIFIED MAIL RECEIPT 1� CERTIFIED MAIL RECEIPT tom: e!r'C, n, „a C. .ra:'Proo-a;rrp I Ilyl ID�rr es iAlir bI ca . rlr so OFFICIAL E + 43 OFFICIAL SE Willi Pr 7 iq%...'" ,. I I ,,+ o.rrew d I ca cwitsumula.. . 44"m ^11N"' i o �,4,�....'"+w.�n N «..Fea__ N rwwara.nnar T O �tlnwwwr Roping. 1 i D Rliawr4ra11ei+w11 � M1 M1 { -a kw Pall et Poe $ 3.f y 1 -• bspes T/Fr $ 3,18 .a- lt. opal4r>r i oar a. A A 11FT.1 O nk-- Land a crrµ.wttrw ^—.--_ - : O 7firsaaT-- cr sm �_..aota ono M1 r/OwrNa Irl alders LLti M1 *wan tit cobs eru.11 I E�jl iir"aM.T" a`°alaeu.to wilt •.o- ra 4P —_�. r r tirtl�y�.!'-- 4c. meta, a owl u GEM WILL) L1AIL. NECLU' I ,p ,ppmcybc AL,,Cv:r. N_, ,r,,.t'renc e Cuvvre:.. Prov,Jrdl CI I ROLEOrudealALV USE • P- Postei IOW 0171 Icues P» ' 2 .> 03 oRsium Fiecielpi Ps Ha Iradorsonst Ilan. $0.00 ' G RIdot iYrrlaR aa Rirlylelod Der4" 10.00 CI 14W r4+4 a km $ (3.11`,14) 03/22/2012 O O i r4 'raid Nt. Q mAL G.I letZtEZ . c wrissiaavairatiagriworPOZ„:„.4 r 07/2012 ' EXHIBIT S PERMINANT MANMADES STRUCUTRES (CONT) ' PROOF OF MAILING - OIL&GAS WELLS t U.S. Postal Service iH U.S. Postal Service I CERTIFIED MAIL RECEIPT CERTIFIED MAIL RECEIPT pM1•. (Domestic Mail Only No Insurance Cuv CI Provided) i rq (Domestic Maill Only:No Insurance Coverage Provided) .,4 FordrIucryrlortra.iiHe=burr:e[str..r,vunv ,_:...;.Cun I �, I Alb El CIAL USE I ' � u�itreo CIAL USE � tt M1 Peet's 10, 5 0171 . M1 Pottage . 1446 0171 csfld Fee .yol7 03 ! AG'un.°F°' xYJ 03 1Rattail Reaska Fee Fain 0o (P Requited) $0.00 Hem 0o (EndorsemePostmark nt Remised) $0.00 Pest1 dD9Mve.Y Fee 0 (EnmerrwltPegt d) $ �$0.. 0 0 (ENaiementReq*ed) $0.00 ] r- -1 Total Postage&Few .3st49 02/27/2012 Tot Postage!"Foes $ 335P 02/27/2012 I .,^ o ser%ro AP Kauffman CO. 1099 99elat Energy e p IJ9ii1,(pf 7G.; 1675 Broadway 21tp Floor M1 orppgyrtlµ lath Strut, Suite M1 >Po9bx(Y0. - - $ , 1900 --------- I _.- Denver, CO 80202 Denver, CO 90202-1919 algae YAW I U.S. Postal Service U.S Postal Service CERTIFIED MAIL RECEIPT i i m CERTIFIED MAIL RECEIPT rn 0 IDo M1 (Domestic Mail Only:No Insurance Coverage Provided) ) mesbc Mail Only:No Insurance Coverage Provided' .no a A I co tE� CIAL USE rg DOSE FACIAL USE ma Postage $ $OA9g 0171 M1 Posing' $ � S 0171 ' elCelled F" /j_ 03 0 CwWeO Fee �',v/J Postmark(�2 ReoMa Fee ee o ( 10.00 p o (E,„, .r%NItk.e9) $0.00 Here Bubbled DeFer9 Fee ' 0' D�e1y"'�'ired $0,00 I o (Endorsement Rewired) $0.00 g��//nJ� M1 • Tom Pmtage a Fees $ �/!$5o 02/Z7/2012 l TOW Postage a Few $ ojcialrl 02/27/2312 0 0 _____ --- - Noble Energy O H------s-]$i.; Foundation Energy ' • 0 a,p0aPf o. j N cr Posoa it 14800 Landmark Blvd., M1 o iliiiM a De v Broadway, 00 09[p Floor Denver, CO 90202 bp;9dui; j'-' Bali' 210 ��•�"'� Dell's, T% ]5259 r U.S. Postal Service I U.S. Postal Service- CERTIFIED MAIL RECEIPT I CERTIFIED MAIL- RECEIPT I ao (Domestic Mail Only No Insurance Coverage Provided) I N (Domestic Mail Only:No Insurance Coverage Provided) rA cr rt&Eo FACIAL USE ( � IrOREEdCIAL USE M1 PO.bve • $0 7. 017122fOr 03 r4 Pottage • $0+46 J, 0171 CertIlled Fee Canned Fee p Postman Postmark OO (E a $0.00 ♦ter. ! 00 (Frameement Return Receipt Fee Return °Regale& WM pt Fee Here I Reelected�OMvnY Fee 0 (End Rearr $0.00' 0 (En Reittloted Dewy ReuiteFd) $0.L0/0n � rorrPwtypaFsw $ 37:$v 02/27/2012 � Ta.IPwWg.aFwe $ 33.COD 02/21/2012 0 .... , .....__ T 0 o rl rq 0 aPO.(P011e.! Top 1Operating Company -"---' 0 tdprNa Lncena 011 E C P. or Poaix W. 10991 Asbury Ave. M1 wPo@nrfb. as st., Suite 1700 Lakewood, CO 9022) -- Denver, CO 10202 "tYp{9riy'Gir;7"'- ay.3rie;r:7'-"' - I07/2012 63 L.G.G EVERIST, INC. 10 CORPORATE OFFICE I ' I 300 S PHILLIPS AVE. •SUITE 200 P O.BOX 5829 ra; SIOUX 605-3.4D 5571tJ-5829 PHONE 605-334-5000 FAX 605-334.3656 MOUNTAIN DIVISION 7321 E.88TH AVENUE'SUITE 20n HENDERSON.COLORADO 80640 303.287.9606 ' February 27. 2012 FAX 303-289-1348 I Encana Oil & Gas 370 17th St., Suite 1700 Denver, CO 80202 I RE: Damage Reimbursement Agreement L.G. Everist, Inc. - Fort Lupton Sand and Gravel Mine Permit# M-1999-120 ' To whom it may concern. I L.G. Everist, Inc., is making an amendment to their Colorado Mined Land Reclamation (MLR) permit to extract construction materials from a tract of land located in Parts of Section 19, 30 & 31, T-2-N. R-66-VV and parts of Sections 25, & 36, T-2-N, R-67-W, 6th Prime Meridian, Weld County, Colorado I 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 Encana Oil &Gas own the structure(s) listed below. L.G. Everist, Inc I agrees to reimburse Encana Oil & Gas 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. I Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned 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 . 7 Encana Oil & - I Z Ainie A Lynn Mayer Shults Title Y19 ELk I ' c_\ In i .- IRegulatory Manager 55 . I cc- Division of Reclamation, Mining & Safety COUNTY OF i 1v L 4 ) file The forgoing was acknowledged, srars c . .._ . Structure list and sworn La before no, a Notary 0' n . . ' 1 well - Murata 4-19J; flow-lines, separators, 1-12' ts ('1" day of B\ 1 r k tanks. 10' tank By f; tI'-(_r ,II' L, > .1!, . _-_- i La ,, l_ -{t,( ,0,-,r'r\ Notary Pu'.iiic i MY Ccuuagaaission-exp.isrcl.." )- ` ) , , -- I With- JACKSON Ir i Air( PUBLIC -rt: It' COL.ORAL I 07/2012 64 ,,,,„...„,„,„„,„„r.„,• y,.a,� l ,-, r‘, 2113 I L.G.L.T EVERIST, INC. CORPORATE OFFICE I 300 S.PHILLIPS AVE •SUITE 200 P O.BOX 5829 ri; PIOUXN 605-3 4-5SD 57tt7 5829 PHONE 605-334-5000 FAX 605-334-3656 I MOUNTAIN DIVISION 7321 E NTH AVENUE •SUITE 20€ HENDERSON.COLORADO 80644. 303.287.9606 I February 27. 2012 FAX 303-289-1348 I Top Operating Company 10881 Asbury Ave Lakewood. CO 80227 ' RE: Damage Reimbursement Agreement L.G. Everist, Inc. - Fort Lupton Sand and Gravel Mine Permit # M-1999-120 ITo whom it may concern: L.G. Everist, Inc.. is making an amendment to their Colorado Mined Land Reclamation (MLR) permit to extract construction materials from a tract of land located in Parts of Section 19. 30 & 31 T-2-N R-66-VV I and parts of Sections 25, & 36, T-2-N, R-67-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 I permitted operation. We believe Top Operating Co. own the structure(s) listed below L G. Everist, Inc agrees to reimburse Top Operating Co. 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. IPlease return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned 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: I OttNipt I Lynn Mayer Shults Title trillS6ere7 , . Regulatory Manager C STATE OF ottve* a I COUNTY OE )tin tY3.4 cc' Division of Reclamation, Mining & Safety file Trio forrgcui I 'n'a r of ,Cci 4. - a swosiA. o ne - � 21 I Structure hst r t O s /Joy i :). s. flowline, 2 - 12' tanks, _ _ _ concrete tank, separator ' .. fC' . bL 13i L- t1LRb2i it,L, Ro ' ry Pub: ic- R coctMiss'_cc cxpl. re3 : J III h _-- IO7/2O12 65 L.G. EVERIST, INC. ima CORPORATE OFFICE I ' 300 S PHILLIPS AVE.•SUITE 200 P.O.BOX 5829 hi PIOUXN 3. D 57tt75829 PHONE 605-334-5000 FAX 605-334-3656 I MOUNTAIN DIVISION 7321 E 88TH AVENUE •SUITE 200 HENDERSON.COLORADO 80640 303.287.9606 ' FAX 303-289-1348 February 27, 2012 I KP Kauffman CO. 1675 Broadway 28th Floor Denver CO 80202 I RE: Damage Reimbursement Agreement L.G. Everist, Inc. - Fort Lupton Sand and Gravel Mine Permit# M-1999-120 ITo whom it may concern I L.G Everist, Inc., is making an amendment to their Colorado Mined Land Reclamation (MLR) permit to extract construction materials from a tract of land located in Parts of Section 19. 30 & 31, T-2-N, R-66-fib' and parts of Sections 25. & 36, T-2-N, R-67-W, 6th Prime Meridian, Weld County. Colorado I 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 KP Kauffman CO. own the structure(s) listed below. L.G. Everst, Inc I agrees to reimburse KP Kauffman CO. 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. I Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned 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. ISincerely, ACKNOWLEDGED BY: I ?SP Kauffman CO. la: 3; I Lynn Mayer Shults /Title e� , I/1GtsK t{ Regulatory Manager (Cceoi aie couvlcA t STATE OF 00(D(Qth) I cc: Division of Reclamation, Mining &Safety file COUNTYOF -1>_1(O4e1 _ ! 5s . The forgoing g was icx ow:edged, s - Structure list- and sworn o before ne, a Notary I3 wells- Vincent#1, Vincent#2 Funakoshi A2; this 2t4- day of McLr lc t1 flowlines, pump units, 12' Tanks, 8' concrete tank, e, ` _ 4tin building. separators, gas burners, wire fence, By&!->j-'ut'-- 9 pr. I oval tank. CbrtL I/• r*:),Re_r<3 Notary Public `--) •D I l 1. -=, My _COf.LT 15S iOP. .3X(31 TE?S'.'•'- ,' I LE RA K. Ft:D0ERS ei2S I 07/2012 66 S ( } , IAoT 3 1 L. G. EVERIST, INC . CORPORATE OFFICE ' 300 S.PHILLIPS AVE.•SUITE 200 P.O.BOX 5829 ', SIOUX FALLS.SD 57117-5829 I IPHONE 605-334-5000 FAX 605-334-3656 ' MOUNTAIN DIVISION 7321 E.88TH AVENUE -SUITE 1u: HENDERSON.COLORADO 80640 I r'�f.. 303-287-9606 --L.„it/ED FAX 303-289-1348 February 17, 2012 . '147` I Duke Energy & DCP Midstream LLC L G EVE 307 17th St, #900 RIST, INC Denver. CO 80202 I RE: Damage Reimbursement Agreement L.G. Everist, Inc. - Fort Lupton Sand and Gravel Mine Permit# M-1999-120 ITo whom it may concern: I L G Everist. Inc.. is making an amendment to their Colorado Mined Land Reclamation (MLR) permit to extract construction materials from a tract of land located in Parts of Section 19, 30 & 31, T-2-N, R-66-W and parts of Sections 25, & 36, T-2-N, R-67-W, 6th Prime Meridian. Weld County. Colorado. I 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 Duke Energy& DCP Midstream LLC own the structure(s) listed below. ' L.G. Everist, Inc. agrees to reimburse Duke Energy& DCP Midstream LLC 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. I Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned 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: I Duke Energy & DCP Midstream LLC S A /2l /�' te'/ r ti .��1 �� , I Lynn Mayer Shults Title .=<,-,:- /_ Regulatory Manager STATE OF I cc: Division of Reclamation, Mining & Safety ss file COUNTY OF The forgoing was acknowledged, sioscribed Structure list: and sworn to before me, a Notary P- c , 8-natural gaslines this da of i O* ODA It: ��/.. - Notary Public Y I —'•#— My commission expires : tttl •;PUBLIC 1 07/2012 67 L.G. EVERIST, INC. CORPORATE OFFICE 300 S PHILLIPS AVE. SUITE 200 P.O.BOX 5829 _- _ SIOUX FALLS.SD 57117-5829 ■�\� PHONE 605-334-5000 FAX 605-3343656 MOUNTAIN DIVISION 7321 E.88TH AVENUE•SUITE 20C HENDERSON.COLORADO 80640 ' 303-287-9606 February 17, 2012 FAX 303-289-7348 ' United Power P.O. Box 929 18551 E. 160th Ave ' Brighton. CO 80601-8519 RE: Damage Reimbursement Agreement L.G. Everist, Inc. - Fort Lupton Sand and Gravel Mine Permit# M-1999-120 To whom it may concern: L.G. Everist, Inc., is making an amendment to their Colorado Mined Land Reclamation (MLR) permit to extract construction materials from a tract of land located in Parts of Section 19, 30 & 31, T-2-N R-66-W ' and parts of Sections 25, & 36, T-2-N, R-67-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 United Power owns the structure(s) listed below. L.G Everist, Inc agrees to reimburse United Power 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 returned 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, l ACKNOWLEDGED BYTcl Po er A44,, /,1410te tLynn Mayer Shults Title C Regulatory Manager STATE OF Coto r- jp cci Division of Reclamation, Mining & Safety COUNTY OF Adz -. S file The torgoing was acknowledged, ant . Structure list: and sworn to before „c., a Notary _' powerlines all sides & across permit areas this Zee. day of Fero rt,a r 201.7 By Rewtta"—by-Astine ) CEO Noj i-jt Pub1 c ' t: corer na0.1. expires : ' 07/2012 68 INITED POWER ' MEMORANDUM February 29, 2012 TO: L.G. EVERIST, INC. ' ATTN: LYNN MAYER SHULTS FROM: Al Trujillo, Senior Right Of Way Specialist I I I I ] 1 1 1 I 1 I I 1 I I I I I 1 I 1 I I I I I 1 1 I L I 1 1 1 1 I 1 1 ( 1 DAMAGE REIMBURSEMENT AGREEMENT 111 [ 11111111r 11 1 1 1 I 1 I I I l I 1 I 1 I 1 I I I 1 1 I I I I 1 ' PROJECT NO . DESCRIPTION I I I I I I I I I I I11111IIIIIIIIIIIIIIIJIIII PARTS OF SECTIONS 19,30& 31,T-2-N,R-66-W AND W/O 20120200B PARTS OF SECTIONS 25&36,T-2-N,R-67-W,6'N PRINCIPAL MERIDIAN. ' COUNTY OF WELD,STATE OF COLORADO M1111111111 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ENCLOSED IS SAID AGREEMENT. ' PLEASE LET ME KNOW @ 303-637-1241 IF I CAN BE OF FURTHER ASSISTANCE ON THIS MATTER AND THANK YOU FOR YOUR HELP. ' E-MAIL: atrujillo@unitedpower.com INITEDPOWEIZ Your Tour Ii.ronc Encllry' Pruner 16"i ' AL TRUJILLO SENIOR RIGHTrov-WAY SPECIALIST DIRECT 303-637-1241 ATRUJILLOCIQ UNITEDPOWER.COM ' 303-659-0551 .800-468-8809 [Ax 303-637-1338.W W W.UNITEDPOWER.corn 500 CoonERAIINE WAY BRIGMCN CO 80603 PO Box 929 BRnc.noN CO 80601 ' Cu.B&AORA You Drc 1-800-922-1987 07/2012 69 A CONSUMER OWNED UTILITY I I EXHIBIT " A DAMAGE REIMBURSEMENT AGREEMENT I I I I )17.wcu re 79 CBS : 4950 . I 765b (3) 2N� / A 40 —' 1Z® 502650 6 25 Egt09 3325-2651 2141 i l3 I .� 1�1f ceA 143 , 11c i A16i 325-2647 I '`L. _Si533 \-' III ICII 4I I" IMMI lair � '� m , tit' AG ZOO AI ‘ /" 0722 IS , \' 1719 a E. 4 3719 • �_�' 1216 15 •� • r �: L �' • 29,6 • 3 �i� 1 sr j � I ims ©/ I 4809. I20B 4106 1 3325-0615 i I I 51 I IOOi,0F . 1900 WQP 16 1 I i Sec ‘• 11 I I Note:This drawing is not a monumented land survey and is intended only to depict the attached description. _1 IUNITED Scale: 1 - 1,000' W/O$ 201202009 ROW♦ 33250018 POWER Map Location 33 Section 25, Township 2N , Range 07W (Oh P.AM I UNITED POWER INC P O.BOX 929 BRIGHTON.OD 50601 Soo Coopemive Way County of Weld,State of Colorado. Brighton,CO 80603 307459-0551 1-800-4684809 I07/2012 70 - - I I EXHIBIT " A DAMAGE REIMBURSEMENT AGREEMENT I I I IL Jo 3325-, II -.4706 m Mia I 5! I p2 . _ - - po1 a • 1 ,�rr000 NCR Is A 48CaI\ ' I E 547426 a✓ I \I s!46 F 0246 1446 • \\\ ♦alb VA L14...• ,,,,,,g \\ i el �\ ¢ 15 2040 • \ r-'ta-.---- ` N__, 1550 s 1637 • 738 t--- QNI' h IS ®4....19 3 ,:// 3336-2528 IS a " 1 ' u 3333 (3+ �,, ass! ► 35. ols1. an 4631 1s 1 .5i WCR 14.5 ^627V't lag 3336-2825 . C/F� 24 -142 � 'a ' .I- . 1323 I • • p222 I •15,7 ,�.j 2525 4821 • 0119 F I5.1 4821 IB 0 " " 2S rtteo-w r 2919�.7 At 3}IC 7. 0711 POWER LINE f�r r/1 U 1 GUS O64C 1, 1s 15 3336-2325 A°°'eta rows tat )is".��I� .0715 �i r 1 ; - 1 I Note:This drawing is not a monumented land survey and is intended only to depict the attached description.__ IUNITED Scale: I•• 1000' W/O s 20120200B ROW li 33360019 ..,I POWER Map Location 33 Section 36, Township _2N ,Range 67W 6th P NI I UNITED POWER,INC. P O.BOX 929 BRIGHTON,CO 80601 500 Cooperative Way County of Weld,State of Colorado. srijluon,CO 80603 303-659-0551 I-800-468-8809 1 07/2012 71 - -_ i I I EXHIBIT " A DAMAGE REIMBURSEMENT AGREEMENT I ' 4815 \ :° n \J . �01�I R 205050•L. .v a 4 5 41 1 N q, 0240 ( ) 1 Y �� 34'9-495' 145350 5136 8 1' • 0 `\ ! a 4531tc 35ese se v 19 0 = 102 , QEeie �v 50 02/7620 , u re •.43 2 V , "? SL�+�50 �, s 0222 331 / Q` G.,..)25t 2S Nill:-- 3724 5114 I Ll'i• I314 O 4718 I5 I 22 I' 5 812 }2-• 44 oL2 (3I '� I 3409 (ii ya 0507 6.—, SON '; U u 4703 '/o r 3430-3557 3119-0170 x !802 IS 0302 A9t • 2302 SBU1 4 4702 , cu YCR Igo tom. C, I Note:This drawing is not a monumented land survey and is intended only to depict the attached description. _ UNITED Scale: 1.• 1.000' W/O* 201202008 ROW 0 04190020 POWER Map Location 34 Section 19, Township _2N , Range 66W 6a P M I UNITED POWER,INC P.O.BOX 929 BRIGHTON,CO 80601 500 Cooperative Way County of Weld,State of Colorado. Brighton.CO 80603 303459-0551 I-800-468-8909 I07/2012 72 I I EXHIBIT " A DAMAGE REIMBURSEMENT AGREEMENT I I I I • WCk 10 .5. _ x •- s 10`1„;10 afro � 2 U • 7- N5•504 4349 • •443 L99.50 IflI -� t0 • ;- 54;548 184, 'CIB 10 • • '5j $ ,a ,\ O-4845• 146 154: : \sla `140 �•3430-4352 2 1 0938• 2339 ll .. - 30 RI POW/,GNI ?t J 4YS! •15• II}I • I ■ •_o:1 • u)o .(-) • 4130 • I ��2a ,'.',. s I'28 • 24,,- Q��,,. °s 35 , 8 I o. 11225 • i'.• 4228 • x424 �I < 1� wnlm.. 4: .� • 3923502 �r sowetium 0518 a I I 05$4 �T �e N25-9028 142 15 II ' t I'L -0508.. •+�• %`S`i8 to • rh,99 - lt �� " 5 -4901 ••,,,, ..‘ I / 1 I I I Note:This drawing is not a monumented land survey and is intended only to depict the attached description 1 IUNITED Scale: r- 1 000' W/O N 20120200B ROW a 34300016 POWER Map Location 34 Section Q Township 2N , Range 66W 6th P.M . I UNITED POWER,INC. PA.BOX 929 BRIGHTON,CO 80601 500 Cooperative Wey County of Weld, State of Colorado. Brighton,CO 80603 303659-0551 1-800-468-8809 I 07/2012 73 I I EXHIBIT "A DAMAGE REIMBURSEMENT AGREEMENT I I 13 21 wcR ie I .I ;� . 48uK� 't rows tart ( . nI I1 _ 31 I I i . ro...----I ' ,' / , ,_ — //::,. L`.._. 0'j r':. ' —1 i WCR 14 i V.,,../.:,///��/[[[ _ ', 1' s E �E a '. II1I I I I Note.This drawing is not a monumented land survey and Is intended only to depict the attached descnpuon, IUNITED Scale I'-1.000' W/O M 20120200B ROWS 34310016 POWER Map Location 34 Section 3i,Township 2N ,Range 66W 6'^P M I uvrrm eowm.etc. P 0.B0%939 BRIGHTON,CO80601 Soo Cooper.tive Way County of Weld,State of Colorado. Bdgkor,CO 80603 303.659-0551 1-800'468.8809 ' 07/2012 /4 I L. G. EVERIST, INC. CORPORATE OFFICE I 300 S PHILLIPS AVE •SUITE 200 P.O.BOX 5829 ri _ SIOUX 605-3 SD 571i7 5829 PHONE 605-334-5000 FAX 605-334-3656 I MOUNTAIN DIVISION 7321 E 88TH AVENUE •SUITE 200 HENDERSON.COLORADO 80640 303-287-9606 IFebruary 17, 2012 RECEIVED FAX 303289-+348 ' Weld County Board of County Commissioners . '_2 h 3 2012 1111 H Street Greeley, CO 80632 L G.EVERIST,INC. I RE: Damage Reimbursement Agreement L.G. Everist, Inc. - Fort Lupton Sand and Gravel Mine Permit # M-1999-120 IDear Commissioners' I L.G. Everist, Inc., is making an amendment to their Colorado Mined Land Reclamation (MLR) permit to extract construction materials from a tract of land located in Parts of Section 19, 30 & 31, T-2-N. R-66-W and parts of Sections 25, & 36, T-2-N, R-67-W. 6th Prime Meridian. Weld County, Colorado I 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 Weld County owns the structure(s) listed below. L.G Everist, Inc. ' agrees to reimburse Weld County 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. I Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned 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: Weld County I /" ,re /G Au I Lynn Mayer Shults Title Regulatory Manager STATE OF - , cc. Division of Reclamation, Mining & Safety ss He COCTTY Or The forgoing was acknowledged, si,b6er,tici Structure list: and sworn to be-ore me, a Notary Pad1 '- IWCR's 14.5, 23.5 this dap of By , . INotary Public My commission exoiros: I I07/2012 75 I L.G. EVERIST, INC. A CORPORATE OFFICE ' 300 S.PHILLIPS AVE •SUREE 200 P.O.BOX 5829 SIOUX FALLS,SD 57117,5829 ri - PHONE 605-334-5000 FAX 605-334-3656 ' MOUNTAIN DIVISION 7321 E.88TH AVENUE •SUITE 200 HENDERSON.COLORADO 80640 303-287.9606 ' RECEIVED FAX 303-289-1348 February 17, 2012 MAR O '' 2012 I Lupton Bottom Ditch CIO Howard (Corkey) Cantrell G. EVFRI$1, IN P.O Box 305 Ft. Lupton, CO 80621 I RE: Damage Reimbursement Agreement L.G. Everist, Inc. - Fort Lupton Sand and Gravel Mine Permit# M-1999-120 I Dear Mr Cantrell: L.G. Everist. Inc., is making an amendment to their Colorado Mined Land Reclamation (MLR) permit to extract construction materials from a tract of land located in Parts of Section 19, 30 & 31, T-2-N. R-66-W I and parts of Sections 25, & 36, T-2-N, R-67-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 I permitted operation. We believe Lupton Bottom Ditch owns the structure(s) listed below L G Everist Inc. agrees to reimburse Lupton Bottom Ditch 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 IPlease return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned 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 I p ttom Ditch LC/0 Howard (Corkey) Cantrell -- 1 Lupton o 1 & Lynn Mayer Shults Title � fah- if C�t.� Regulatory Manager • STATE OF/ /l«'Fr Lim-, 1 cc: Division of Reclamation, Mining & SafetycouN ui OF /.t file I uct Me r rgoT� � was � � __� s .. Structure list: ar a ssi p o efo ,g, a J a=, ' . Main line, East lateral bridges, misc. concrete head this clay of 1i%�4%,, 4c _?ce.// ' gates ey •w1 . . C< %( '4' ( (, k ✓�___-/ y Playbriis I "My coruniss Ls,r. exn, res: ' 07/2012 76 I ' L.G. EVERIST, INC. CORPORATE OFFICE I 300 S PHILLIPS E -SUITE 200 P O BOX 5829 II _ PIOUXN 605-3. -5D 571175829 PHONE 605-334-5O00 FAX 605-334-3656 I MOUNTAIN DIVISION 7321 E 88TH AVENUE -SUITE 200 HENDERSON.COLORADO 80640 303.287-9606 IFebruary 17, 2012 FAX 303-289-1348 I City of Thornton 9500 Civic Center Drive Thornton, CO 80229 I RE: Damage Reimbursement Agreement L.G. Everist, Inc. - Fort Lupton Sand and Gravel Mine Permit# M-1999-120 IDear Council Members I L.G. Everst. Inc., is making an amendment to their Colorado Mined Land Reclamation (MLR) permit to extract construction materials from a tract of land located in Parts of Section 19. 30 & 31, T-2-N. R-66-W and parts of Sections 25, & 36, T-2-N, R-67-W, 6th Prime Meridian, Weld County, Colorado. IState 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 City of Thornton own the structure(s) listed below. L.G. Everist, Inc. I agrees to reimburse City of Thornton 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. I Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned 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. /� J City Of Thornton I /4/40t`'r RLECEIt/t0 xiv � i�L`� _.. Lynn Mayer Shults 4'r/a«a4'' 1QML/s?nr /sr.:- I STATE OF CO IC 1 L do' ss . ' cc: Division of Reclamation, Mining & Safety CO[a; v /\d/.11 )'� file The forgoing was acknowledged, subscribe_; Structure list: and sworn to before tRk e, a Notary Pub i r Iwire fences this -11-C` day of I� r1-h wl5 317 ' ANDREA SHORT NOTARY PUBLIC Notary Public STATE OF COLORADO My Commission Expires 12/18/2014 My commission expires : I )/Iii)/ )C' ,( I07/2012 77 I L.G. EVERIST, INC. CORPORATE OFFICE I 300 S PHILLIPS AVE •SUITE 200 P O.BOX 5829 it _ PIO F 3.S 57117.5829 PHONE 605-05-334-55 000 FAX 605-334-3656 I MOUNTAIN DIVISION RECEIVED 7321 E.88TH AVENUE•SUITE 200 C ED HENDERSON.COLORADO 80640 303.287,9606 I FAX 303-289-1348 February 17, 2012 VAR C 7 2012 L. G. EVFRIST. i^,;; I Ms. Penny Rankin 12331 WCR 14.5 Fort Lupton, CO 80621 I RE: Damage Reimbursement Agreement L.G. Everist, Inc. - Fort Lupton Sand and Gravel Mine Permit # M-1999-120 IDear Ms. Rankin: I L.G. Everist, Inc., is making an amendment to their Colorado Mined Land Reclamation (MLR) permit to extract construction materials from a tract of land located in Parts of Section 19, 30 & 31, T-2-N. R-66-W and parts of Sections 25, & 36, T-2-N, R-67-W. 6th Prime Meridian, Weld County, Colorado. IState 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 Penny Rankin own the structure(s) listed below. L.G. Everist. Inc I agrees to reimburse Penny Rankin 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. I Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned 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 I Sincerely, ACKNOWLEDGED BY /al' 17Penny Rankin I I Lynn Mayer Shults Regulatory Manager STATE OF C 0Lat'aLal D a I ss. coux'TY OF t).)gA I cc: Division of Reclamation, Mining & Safety file e forgoing was acknowledged, suuscr _::cd and sworn to before me, a Notary _-ablio, this loft day of AL.re V. , Z011 - ' Structure list: 30' Road ROW, House, 2-3 wire fences. 5 - By nNy iy\ outb ilding ,Water well I ./.4. .,..•••..,'/�f� Notary Ycn_:c. yy � � Ny commission expires: )/ G r94/2- i `•%{1101 ; ;.... ..., ' 07/2012"" 78 I L.G. EVERIST, INC. CORPORATE OFFICE 300 S PHILLIPS AVE •SUITE 200 P O. BOX 5829 va _ SIO XN 605-3 SD 57117 5829 PHONE 605-334-5000 FAX 605-334-3656 I MOUNTAIN DIVISION 7321 E 88TH AVENUE-SUITE 200 HENDERSON,COLORADO 80640 301287•9606 I February 17, 2012 FAX 303-zas-,348 RECEIVED I Harry& Martha Inouye 3 2012 12210 WCR 14.5 Fort Lupton. CO 80621 L. G. E. -MST. INC I RE: Damage Reimbursement Agreement L.G. Everist, Inc. - Fort Lupton Sand and Gravel Mine Permit# M-1999-120 ' Dear Mr. & Mrs. Inouye: I L.G. Everist, Inc., is making an amendment to their Colorado Mined Land Reclamation (MLR) permit to extract construction materials from a tract of land located in Parts of Section 19, 30 & 31, T-2-N, R-66-W and parts of Sections 25, & 36, T-2-N, R-67-W, 6th Prime Meridian, Weld County, Colorado IState 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 Harry& Martha Inouye own the structure(s) listed below. L.G Everist. I Inc. agrees to reimburse Harry& Martha Inouye 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. I Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned 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. I Sincerely, ACKNOWLEDGED BY: Harry& Martha Inouye I iiii,* * I Lynn Mayer Shults Regulatory Manager STATE OF rtITav filet L. ' cc: Division of Reclamation, Mining & Safety s' COUNTY OF \\J, Iii- file The forgoing was acknowledged. s'uhsci . so : I Structure list: an worn to ce[o�.e me, a Notary 6 d.. r , Block Barn, wood corals, 4 strand wire fence 0o 15 .1',01,‘ y of. 'r r 4 v Uc, ,i.,\ L . By. N1.�, k ct. l e i r,t-;yr I l urn E e:,',_:(—a -,/tL , � � Dawn Koshio Gillespie Notary t�,�bi I Notary Public State of Colorado Sly commission expires : �I t `-1 IlI My Commission Expires 9-21-2014 I07/2012 79 I L.G. EVERIST, INC. t.-0 CORPORATE I 300 S PHILLIPS AVE SUITETE 200 P.O.BO%5829 ,, SIOUX FALLS.SD 57117-5829 PHONE 605-334-5000 FAX 605-334-3656 I MOUNTAIN DIVISION 7321 E.68TH AVENUE •SUITE 200 HENDERSON.COLORADO 80640 303-287-9606 I February 17, 2012 FAX 303-289-1348 I Ms. Lynda Stanek 11420 WCR 14.5 Fort Lupton, CO 80621 I RE: Damage Reimbursement Agreement L.G. Everist, Inc. - Fort Lupton Sand and Gravel Mine Permit # M-1999-120 IDear Ms. Stanek: I L.G Everist, Inc., is making an amendment to their Colorado Mined Land Reclamation (MLR) permit to extract construction materials from a tract of land located in Parts of Section 19, 30 & 31, T-2-N. R-66-W and parts of Sections 25, & 36, T-2-N, R-67-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 Lynda Stanek own the structure(s) listed below. L.G. Everist, Inc I agrees to reimburse Lynda Stanek 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. I Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned 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 Lynda Stanek 1 tytet.C ZA a 1 Lynn Mayer Shults I Regulatory Manager sTATE C7„ Cr- ' ltd)-E. - •( c t COUNTY O'• / T- / i1 I cc Division of Reclamation, Mining & Safety file The forgoing was acknowledged, sdosir i nc and sworu. to before me., a o 1 Pmt Structure list: this `day of 1 v 1 1 ) e 13- , -- -- - . I Pipe fence - 1- By I t K.10 (-) t I IC i . Notary Pub:.i� � ��{k " t itf/' e My torts..ss,o1 ex,Uires : J (.�l-1 �i - I07/2012 80 I I L.G. EVERIST, INC. 7321 f 88I H A,, I i 4: n r .11 n Rix rt Sui.ur Smrc�tc 1876 PHI)vR 303 287 9606 • If��303 28`1 :-(-- ' March 22. 2012 RECEIVED ' APR 1 8 2017 Ms Crystal M Gutierrez 7008 WCR 23.5 L. G. EVERIST, INC Fort Lupton. CO 80621 I RE: Damage Reimbursement Agreement L.G. Everist, Inc. -Fort Lupton Sand and Gravel Mine Permit#M-1999-120 ' Dear Ms. Gutierrez. L.G Everist. Inc.. is making an amendment to their Colorado Mined Land Reclamation (MLR) permit to Il extract construction materials from a tract of land located in Parts of Section 19. 30 & 31. T-2-N, R-66-W and parts of Sections 25, & 36. T-2-N. R-67-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 I 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 Crystal M. Gutierrez own the structure(s) listed below. L G Everist, Inc. agrees to reimburse Crystal M. Gutierrez 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 I 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 I addressed envelope so you can returned 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. I Sincerely. ACKNOWLEDGED BY. Crystal M Gutierrez Lynn Mayer Shults Regulatory Manager STATE o CD`DYQCO s^ ccu r' Or' �pG(f4&'— Icc Division of Reclamation,amation, Mining & Safety The forgoing was ackt cwled jed suhscr _beu file and swo_ o befurg me, a Norary FubliC this Lint day o`_,/[SQti - . � I 7-Of elisf r 5 /yt terr2z I House fences, 3- barns ` rRy otary Publ 'c I My commission exn_res: . ( 9•4%0 I I07/2012 81 1 GEOTECHNICAL STABILITY EXHIBIT 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 38 feet . As mining will occur within the slurry wall t lined areas the areas will be dewatered first and then mined dry. The closest structure for which there is no damage agreement is the fence line along the north side of the Vincent West Stage and ' the Sandstead property. In this area the setback from the permit/affected lands line to the outer edge of the slurry wall is 20 feet; the slurry wall is 3 feet wide and the mining setback is ' 25 feet from the center of the slurry wall to the dig line . This will leave a 46 . 5 foot setback from the property line to the dig ' line . The following information is presented using these distances to determine the safety factors that show there would be no impacts to structures within 46 feet of the areas to be mined. ' See attached sketch plat . As mining approaches the perimeter of a Stage a 25 foot mining setback will be staked from the center of the slurry wall ' to establish the mining limit . This will leave an undisturbed section of gravel at least 46 . 5 feet wide along the reservoir boundaries . The mine face will progress to this line and expand ' along it until backfilling begins by placing compacted fill material against the mined face . The limited length of the face, ' the lack of water pressure and the backfilling plan assure the %: l face will remain stable until backfill material can be placed against it . ' In 2004 , Mr. Alan Sorenson reviewed a Slope Stability Report prepared for the mine by Tetra Tech. He suggested that a more appropriate friction angle of 35 degrees should be used, when non- site-specific information was available than the angle Tetra Tech used. So for this analysis the 35° 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 Sand and Gravel, uniform grain size . The material in the mine wall will be in-place sand and gravel and assumed to be cohesionless and having an assumed ' friction angle O) of 35° (=1 . 43 : 1) . Using this information we have calculated the factors shown in the following table using the ' formula FS = Tan<h = 'Lane, where 6 is the slope angle from the toe of the cut to the closest structure (permit line) . ' 07/2012 62 1 GEOTECHNICAL STABILITY EXHIBIT (coNT) ' Slope Evaluated Calculated Factor of slope Safety for t=35° angle ' e Proposed slope N:1) 62 .84° 0 .36 ' Slope from toe to 29.94°" 1.22 closest structure (1) 29.94` angle is calculated from 38 feet slope height and 66 feet horizontal from the toe of mine face to the permit line ' As shown above, the safety factor for the closest structure is 1 . 22 , so by reason as you move away from the mine face the greater the safety factor would be . Instead of risking a failure ' and for safety reasons, L.G. Everist, Inc . has chosen to use the method of slope stabilization described in the reclamation plan. The Tetra Tech report shows that the reconstructed reservoir ' slopes will be stable at the proposed 3 : 1 sloping rate . 07/2012 83 I LC EVERIST, INC. Permit # M-1999-120 IFort Lupton Sand and Gravel Geotechnical Stability Exhibit I I I kd ce I00e �d1\ . 00 Sc�� `Jtl� �1�e e pk 66 , 00 ' -- 1 . 50 ' I 20 . 00 ' — A 25 . 00 ' 19 . 50 ' ---- ° V r . / . NA D N A D D . . • D ° D • D D ° N D A / A A ° • / I D D A D • D n ° . > / i> A 5co ° D • P i / D . A -c\ • D A • N D 38 . 00 ' N . A ° �,��,. ° p 9 CA] co ° �e 62 . 8 ° ' ° �� . ° D ° / D. RQ/0 • A • D D D / A . I D / . D a 7 . 00 °°' . p � D. D ° °D / • o 29 , 93 ° N / D D 4D. D D D D A A . D / D I ° D \N. \\%\\%\\%\\ \\.`\.\\.\N. \N. \\. \\/\/\\// \/\%\\/\\/\\/\\/\\/\\/ \\/\\// \/\\/\\/\\// I TYPICAL SECTION I I I I JUN 14, 2012 - 12: 26: 25 I07/2012 84 PUBLIC NOTICE PUBLISHED NOTICE OF APPLICATION AMENDMENT FILING FOR A REGULAR (112) CONSTRUCTION MATERIALS RECLAMATION PERMIT L.G. Everist, Incorporated has filed an application amendment to their Reclamation Permit with the Colorado Mined Land Reclamation Board under the provisions of the Colorado Mined Land ' Reclamation Act for the extraction of construction materials . The mine is known as the Fort Lupton Sand and Gravel Mine (permit # M- 1999-120) and is located in parts of Sections 19, 30 & 31 , T-2-N, ' R-66-W and parts of Sections 25 & 36 , T-2-N, R-67-W, 6th Principal Meridian, Weld County, Colorado. ' The date of commencement for this mine was 1999 and the proposed date of completion December 2048 . The proposed future use of the land is as developed water storage . ' Additional information and the tentative decision date may be obtained from the Division of Reclamation, Mining & Safety, 1313 Sherman St . , Suite 215 , Denver, CO 80203 (303) 866-3567, or at the ' Weld County Clerk to the Board' s office, 1150 "O" St . , Greeley, Colorado 80632 , or the above named applicant . Comments must be in writing and must be received by the ' Division of Minerals and Geology by 4 : 00 p .m. on , 2012 . Please note that comments related to noise, truck traffic, hours of operation, visual impacts, effects on property values and other social or economic concerns are issues not subject to this Office's jurisdiction. These subiects and similar ones, are typically addressed by your local governments, rather that the Division of Reclamation, Mining & Safety or the Mined Land Reclamation Board. L.G. Everist, Inc. Henderson, Colorado First Publication: Second Publication: Third Publication: Last Publication: Published in: 1 t ' 07/2012 85 NOTICE I This site is the location of a proposed construction materials ' operation known as the Fort Lupton Sand and Gravel Mine, Permit # M-1999-120 . L.G. Everist, Incorporated, whose address and phone number is 7321 E . 88th Ave, Suite 200, Henderson, CO 80640 , (303) ' 287-4656 , has applied for an amendment to a Regular 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, CO. 80631, and should send t comments prior to the end of the public comment period to the Division of Reclamation, Mining & Safety, 1313 Sherman St, Room 215 , Denver, CO 80203 . 1 Certification I , , hereby certify that I posted a sign ' containing the above notice for the proposed permit area known as the Fort Lupton Sand and Gravel Mine, on 2012 . Signature Date 07/2012 86 IDelivery receipts I I I I I I I I I I I I ' 07/2012 87 Hello