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Home My WebLink About20120566.tiff Epviropwept, Ipc. LARRY E.O'BRIAN 7985 VANCE DRIVE, SUITE 205A FOUNDER ARVADA,COLORADO 80003 STEVAN L.O'BRIAN 303-423-7297 PRESIDENT FAX 303-423-7599 February 24 , 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, ENVIRONMENT, INC. o 0 co Stevan L. O'Brian e fT' to C c;CD enclosure t( j> (pc Weld County Clerk to the Board o 70= By ..o Buick, RtuI • P: PiIt a 2012-0566 Epviropcpt, hc. LARRY E.O'BRIAN 7985 VANCE DRIVE,SUITE 205A FOUNDER ARVADA,COLORADO 80003 STEVAN L. O'BRIAN 303-423-7297 PRESIDENT FAX 303-423-7599 February 24, 2012 Weld County Board of County Commissioners 915 10th Street Greeley, Colorado 80631 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, Stevan L. O'Brian enclosure RECEIVED THIS DAY OF \TQAMAICOA2L 2012 Weld County Board of County Commissi ers By c c Q Title ��--R ku J . N rn ;i 1 ° O co �i t wg C q C D r 1x --1 © O 77 c!i -9 L.G. EVERIST, INC. I - ' SAND ROCK t FORT LUPTON SAND AND GRAVEL MINE PERMIT # M-1999-120 WELD COUNTY, COLORADO I ' Regular 112 permit - Amendment February 2012 1 I 1 Amendment to an Application for a I Regular Mined Land Reclamation 1 Board Construction Materials Permit 1 PREPARED BY ENVIRONMENT, INC. 7985 VANCE DR., SUITE 205A ARVADA, CO 80003 (303)423-7297 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 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 303-286-2248 Rand Delivered STATE OF COLORADO ' DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources 1313 Sherman St.,Room 215 Denver,Colorado 80203 C O 1 0t o N o0 Phone:4303)866-3567 CONSTRUCTION MATERIALS RECLAMATION FAX;(303)832-8106 REGULAR(112)OPERATION MINING RECLAMATION PERMIT APPLICATION FORM ISAFETY Bill Ritter,jr. CHECK ONE: There is a File Number Already Assigned to this Operation Governor I --- Hart:ris D.SDirectorhencan Permit# M - (Please reference the file number currently assigned to this operatioa)e iDv New Application(Rule 1.4.5) ✓ _Amendment Application(Rule 1.10) Ronald W.Canny Division Director ' i _Conversion Application(Rule 1,11) Natural Resource Trustee Permit r/ M -1999 -120 - (provide for Amendments and Conversions of existing permits) I 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 I the application fee described under Section(4)below. Exhibits should NOT be bound or in a 3-ring binder;maps should be folded to 8 1/2"X 11"or 8 1/2"X 14"size. To expedite processing,please provide the information in the format and order described in this form. 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 permit): L.G. Everist, Incorporated I1.1 Type of organization(corporation,partnership,etc.): Corporation ' 2. Operation name(plt,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(+) 641.64 acres 3.2 Total acreage in Permit area 897.64 acres 4. Fees: I 4.1 New Application Mf69RY0 application fee 4.2 New Quarry Application IdY.$3 N quarry application 4.4 Amendment Fee $2,229.00 amendment fee 4.5 Conversion to 1 t2 operation(set by statute) I68I61/iW conversion fee I 5. Primary commoditie(s)to be mined: Gravel Sand 5.1 Incidental commoditie(s)to be mined: 1. - lbs/Tons/yr 2. / lbs/Tons/yr I3. / 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 I -2- ll I L.G. Everist, Incor orated 6. Name of owner of subsurface rights of affected land: p If 2 or more owners,"refer to Exhibit 0". 7. Name of owner of surface of affected land: L.G. Everist, Incorporated I 8. Type of mining operation: V Surface Underground I 9_ Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN (check one): V 6th(Colorado) 10th(New Mexico) Ute ISECTION (write number): S 30 TOWNSHIP(write number and check direction): T 2 1 North i South IRANGE(write number and check direction): R 66 r..__.. East '-.V West QUARTER SECTION(check one): _ _ NE ✓ NW SE i SW I QUARTER/QUARTER SECTION (check one): i lei NE 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/Loneitude: Example: (N) 39° 44' 12.98" (W) :04° 59' 3.87" ILatitude(N): deg 40 min 06 sec 58 64 (2 decimal places) Longitude(W): deg 104 min 49 see 36 06 (2 decimal places) I OR Example: (N) 39.73691° (W) -104.98449° ILatitude(N) (5 decimal places) Longitudc(W1 (5 decimal places) I OR Universal Tranverse Mercator(UTM) Example: 201336.3 E NAD27 Zone 13 I4398351.2 N UTM Datum(specify NAD27, NAD83 or WGS 84) Nad 83 Zone 13 I Easting Northing I I I I I I 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 ICompany Name: L.G. Everist, Inc. Street/P.O. Box: 7321 E 88th Ave., Suite 200 P.O. Box: I City: Henderson State: CO Zip Code: 80640 Telephone Number: (303 )- 287-4656 IFax 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 Code: 80003 I Telephone Number: (303 )- 423-7297 Fax Number: (303 )- 423-7599 INSPECTION CONTACT I 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: ICity: Henderson State CO Zip Code: 80640 I Telephone Number: (303 - 286-2247 Fax Number: (303 )_ 289-1348 CC: STATE OR FEDERAL LANDOWNER(if any) IAgency Street: I City: State: Zip Code: Telephone Number: ( )- ICC: STATE OR FEDERAL LANDOWNER(if any) Agency: I Street: City: State: Zip Code: ITelephone Number: I )- 1 ' 12. Primary future(Post-mininv)land use(check one): LJ Cropland(CR) U Pastureland(PL) El General Agriculture(GA) Rangeland(RL) Forestry(FR) Wildlife liabitat(WL) flResidcmial(RS) Recreation(RC) Industrial/Commercial(IC) 9 Developed Water Resources(WR) U Solid Waste Disposal(WD) 13. Primary present land use(check one): DCropland(CR) Pastureland(PL) General Agrieulture(GA) II Rangeland(RL) Forestry(FR) WildlifcHabitat(WL) Residential(RS) Recreation(RC) Industrial/Commercial(IC) � 2✓ 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: _Z. 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 he used or stored within permit area: None 16. Description of Amendment or Conversion: ' If you arc 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 641.64 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 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 1,and the Geotechnical Stability Exhibit. Each exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ease of reference. If separate documents 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 I) Mining Plan EXHIBIT E Reclamation Plan EXHIBIT F Reclamation Plan Map EXHIBIT G Water Information ' EXHIBIT H Wildlife Information EXHIBIT 1 Soils Information ' EXHIBIT 1 Vegetation Information EXHIBIT K Climate Information EXHIBIT L Reclamation Costs ' EXHIBIT M Other Permits and Licenses EXHIBIT N Source of Legal Right-To-Enter EXHIBIT 0 Owners of Record of Affected Land(Surface 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 R Proof of Filing with County Clerk or Recorder ' EXHIBIT S Permanent Man-Made Structures Rule l.6.2(1)(1)) 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 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 pennittee, should filly 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. ' p' 1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; 1 I I 6_ I 1r):(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 1 contained in the application or your permit misrepresent important material facts; Iy% 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; I 4. Any modification to the approved mining and reclamation plan from those described in your approved %� application requires you to submit a permit modification and obtain approval from the Board or Office; I J� 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): Ia. the name of the operator; I 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. I7. 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. I 31 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. 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 I 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 I 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. INA 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. I I 1 ' NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions,changes,and deletions to this document prior to final decision by the Office. Therefore,if ' you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what changes may have been made to the application document. t 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 I �- ICertification: 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 structure(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)(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)(f),C.R.S.; 3. As the applicant/operator,I do not have any extraction/exploration operations in the State of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section 34-32.5-120.C.R.S.)as determined through a Board finding. 4. 1 understand that statements in the application are being made under penalty of perjury and that false statements I made herein are punishable as a Class I misdemeanor pursuant to Section 18-8-503, C.R.S. This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112,CR.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any 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.R.S. a Signed and dated this lfi` day of F "(� 20/2- L.G. Everist, Incorporated If Corporation Attest(Seal) I Applicant/Operator or Company Name"{/�,� //�/ Signed: `... i, rte, Ilia' - a-. - --- -.gn �� . - Corporate Secretary or Equivalent _ Title: Vice President - Town/City/County Clerk State of LOCAet." ) ) ss. ICounty of A>S/L(S ) V�,-� 1 /7 ` The foregoing instrument was acknowledged before me this Erik— day of "J�2` ,l"�`Tl ] 2CY 2_ ' by Dennis L. Fields as Vice President of L.C. Everist, Incorporated I LYNN MAYER SHULTS / ' -Sib' NOT PUBLIC Nola ublic STATE OF COLORADO My Commission expires: O(IOt/�s13 I SIGNATURES MUST BE 1N BLUE INK I You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a • • 1/4: si . 40? ' it M c . ' „, 19 N - ese . , -ve c 4t\...i 1 . (er__ ••to For net: , 1 ' ; 4MH{ 1 • � 3 v I O l Well \ %-•, _ {p f ..1%.4_._ ..b r�O C . • �1 1il i tli a ('\ o r O19 •r�0 p _ y PT4Well t !!! Bluc Ribbon 4° % -.7I i7 : [ \s • • . \ LI • j t Hill 921 k.. • 'Siphon Flume • �B, 1-, . : 7 'NORTH ENTRANCE 040° 06. 5 64" N 104° 49' 36.06" W • IC -.) a o \---�..�-_L r4 o Ft. Lupton Sand and Gravel Mine I Ft. Lupton Sand and Gravel Mine . • , 256.0 AC. PERMIT 0M-1999.120 f 0 897.64 AC. raCi o 1 . ,-: ! _, ! \ PERMIT #M- 1999- 120 1 . , /� I o • 0 o ~ � ce r 4. �•/� 1 lc: I r - .. 1, . \ \ 1 .f. . sr O �- l:. J ' ` 900- Vincent +e" ' • y 0 ` � - �- "�_ 0 85.32 AC. • '' �_ , o 1 �� C t 1 , y'. OW 1� \� 1 • i + upton Meadows R � ! �/ I-- �i i 190.7 AC.• O . n. ,, O / 1 o v / MIT It M-2002.104 p V� �I-_V' // ; ) # h,f` • �1 I Funakoshi / I` 'o • 44.42 AC. Parcel A I Adams // I• : I re • • `� " 5.19 AC. 39.82 AC. .' Ii w/ J\ r • I S f c. i J 481?/T :: ,� `po / 0tJ t 3 , 1 11 si 1 a r ,ate- t • r 'Xis -1 L4 ' • 5OVTH ENTRANCE 040° 05' 40.41" N 104° 49' 4817" .. 'Grin!) i 11 • • I \ \ •r 1• r 'b • • o • • 17 Y'T� 1 1;) //)� 'O 1---- — W / Fite •a mi SIC • -� { ForeDon/ 1 �. U '. P I Declination 1 ( ' ir _I •i b 7k — _ r 4 , k ' . Sts DB - 4 ;a ''' ta, - \ Ilire -I .eL �, � 1 i ' . lff ' . .1\0 j , LA a :%) 4 II1 i — i • it:t�`-...� /J'-1) (/ / / o____ I. Perk st) •""'. • 14 ..1 al b1 1 • l' ; . . . .. . . T. caty a ^ ie 1 r_ MN 9° 01 ' E • �' t 1 ' o , iI\\ C yright (C) 2008. MyTopo 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: 01 /26/12 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 I ' TABLE OF CONTENTS IExhibit A - LEGAL DESCRIPTION 1 Exhibit B - VICINITY MAP 2 IExhibit C - PRE MINING MAP (SEE MAP POCKET) 56 Exhibit C-1 - MINING PLAN MAP (SEE MAP POCKET) 56 IExhibit D - MINING PLAN AND TIMETABLE 3 IExhibit E - RECLAMATION PLAN AND TIMETABLE 9 Exhibit F - RECLAMATION PLAN MAP (SEE MAP POCKET) 56 I Exhibit G - WATER INFORMATION 15 Figure G-1 - WATER WELLS WITHIN 200 FEET 19 MAP EXHIBIT - WATER WELL LOCATION MAP 20 IExhibit H - WILDLIFE INFORMATION 21 Exhibit I - SOILS 22 IMAP EXHIBIT I - SOILS MAP 23 Exhibit J - VEGETATION 35 IExhibit K - CLIMATE 36 Exhibit L - RECLAMATION COSTS 37 IExhibit M - OTHER PERMIT AND LICENSES 38 Exhibit N - SOURCE OF LEGAL RIGHT TO ENTER 39 I Exhibit O - OWNERS OF RECORD 40 Figure O-1- CURRENT OWNERSHIP MAP 42 IExhibit P - MUNICIPALITIES WITHIN TWO MILES 43 Exhibit Q - NOTICES AND PROOF OF MAILING BOARD OF COUNTY I COMMISSIONERS AND LOCAL SOIL CONSERVATION BOARD 44 Exhibit R - CLERK AND RECORDERS NOTICE AND PROOF OF MAILING 46 IExhibit S - PERMANENT MAN-MADE STRUCTURES 47 PUBLIC NOTICE 53 I POSTED NOTICE CERTIFICATION 54 ' PROOF OF DELIVERIES 55 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 ' 897 . 64 acres more or less . EXISTING MINE FT. LUPTON SAND AND GRAVEL MINE - M-1999-120 The NW'/, of Section 30, T-2-N, R-66-W, and The E%NE'/,, and ' parts of the NE%,NW'/, 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'/,SEM, NE'/,SW'/, & SE''/,SW'/, of Section 30, and Parts of the SW'MNE'/,, and NW'/,NE'/, of Section 31, T-2-N, R-66-W, and Parts of the SE'/,SE'/,, & SW'/,SE'/,, 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% SE'/,SW'/, NW'/,SW'/, AND NW'/,SW'/„ Section 19 , T- ' 2-N, R-66-W, 6th P.M. , Weld County, Colorado. Containing 55 . 62 ac . more or less . VINCENT TRACT The NE'/,SE'/, and parts of the NE'/,NE'/, SE'/,SE'/, AND NW'/,SE'/,, Sec- tion 25 . T-2-N, R-67-W, 6th P.M. , Weld County, Colorado . Containing 85 . 37 ac . more or less . ' FUNAKOSHITRACT The NW'/,NE% and Parts of the NE'4NW'/,, 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 NEMNW'/,, Section 31, T-2-N, R-66-W, 6th P.M. , Weld County, Colorado. Containing 39 . 82 ac . more or less . ' PARKER TRACT The W%NW'/, and parts of the SE'%NW1/,, Section 31, T-2-N, R-66- W, and The E≤NE'/, and parts of the SW'/,NE'/,, Section 36, T-2-N, R-67-W, 6th P.M. , Weld County, Colorado. Containing 220 . 50 ac. more or less . 1 I ' at ' base 19 .., 20 1 t i•e ( . .aeo--Z • . . I5 / 3i 1 r IW81T 7 ‘Netk , , i 0:)__ _ - . L, -.4.__. 19Jr- ilk !d�° IN: .. _) ..\\:‘ \ ` 1 — Well Well 4878 I • o • t Blue Ribbon • I C4r— \ ` •'\:� ° i ° 55.62 \ o ' o I - o 0---o • t .' . . . ►, . N►Sip Flume- _ Baal ' ill SlififeW __-- ., r . . . 863 • 0 , \ FLS6-NORTH ENTRANCE 040° 06' 58.64" N 104° 49' 3• 1 \IL: ° • • Ft. Lupton .0 AC. _,, ° i .ii) , .....e2 ( C7 /air' I L 0. . ) _ i O 1 �111 O O O ' I ° k 0 t ct , ! .1. 29 / �� ° Yin e - I rilAc. tr0 • oj I-........„, Pi C I 1 • J _ i �rpton Meado . I V _ ' 190.7 AC. 4 7.. k • 4 cf/ # M-2002.1 �� - ,irt° I 1 o ' _ i �p i • �t/L� ` I B j., ; •2 • . • • 1 ^.•. Funakoshi I • - i 4 2. 5.19 ac. 1/ • - s f 1 / 1:\ I . • ° (I o Parker 59.0 AC '% '�� 1 1 i 1 I Si• on l a, 4883 31 I / �■ �:I �utbn . T ^� , •. ��5FLFLS6- SOUTH ENTRANCE 040° 05' 40.41" N 104° 149' 48. 1T' 32 I i . l col • . i ?ittlia ii. 7 . . . .W �0 t. tic.gi .„,.se)f ,----P -J • e 1 Fife Imai. L. A- ricer---;-- / gg io o Ai lion ,il lin i , is. imigpOil en , ) 1 0. Declination / Iilin (yyj: . •:• I I , Ir.* M t / - 7 1 ii 1 Y � 7+ � P • \ illiv i ' lief , . I i / _' ,� 440( • ::o. i Fo L Rigniri Ft.A., . . I•C) (SI; '1' fig198 1• �7 •• • • G .1 p : k , $ atyI MN9` 01 ' E I , I h n� " Lit Copyright (C) �O8. MyTopo Name: FORT LUPTON LOCATED IN PARTS OF , SECTIONS 19, L. G. EVER/ST, INC. (0O) 30 & 31 , T-2-N, R-66-W, AND PART OF I Date: 01 /18/12 SECTION 25 & 36, T-2-N, R-67-W, 6TH FT. LUPTON SAND AND GRAVEL MINE Scale: finch = 2,000 ft. P.M., WELD COUNTY, COLORADO MAP EXHIBIT B - VICINITY MAP I 1 Exhibit D MINING PLAN Existing Conditions. ' Unless specifically discussed below, the methods described 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 6 parcels north, south and west of the existing mines . The addition of the Lupton Meadows Reservoir mine and the six new parcels to the permit boundary will increase the permit area by approximately 641 . 64 acres ± . MAPExHIBITC 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 shown on the maps will be slurry wall lined and developed as a ' series of 22 water storage reservoirs ranging from 10 .26 to 52 . 50 acres ± . TABLED-I -MINING TIMETABLE on Page 9 is the list of the mining stages that will be referred to in the following text . MAPExHIBIT B shows the legal parcels that will be added while the ' mining and reclamation 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 19 stages and the new area will add approximately 12 . 5- 15 . 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 23 to 35 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 permit area, all of the Lupton Meadows Reservoir mine, Lot A and the Vincent property, 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. 3 I 1 ' MINING PLAN EXHIBIT D WONT) The areas being added have been used primarily as agricul- tural 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 EXHIBITC-1 - MINING PLAN MAP show how mining will progress through the mine area at this time . The order of mining in the southern stages will be determined at a later time, and implemented via the Division' s ' Technical Revision and stage bonding processes . 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 Reclamation Plans with this amendment to guarantee the flexibil- ity to make changes to mining areas and reservoir shapes through- out the life of the mine . During the planning stages for this amendment application, we have been in contact with oil and gas and utility companies 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 facili- ties, 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 2 oil wells and plans to shut ' 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 properly 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 4 MINING PLAN EXHIBIT D (CONT) oil and gas companies to exercise their rights - to revise the shapes of the reservoirs due to changes of oil and gas facili- ties, gaslines, 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 . Therefore, we are presenting these optional plans to cover ' the possibilities with the understanding that the mining and reclamation 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 reloca- tion 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 prematurely this slope will be reclaimed using a cut/fill ' sloping method instead of backfilling. As mining reaches a setback limit, backfilling will commence almost immediately so as to leave a 3 : 1 slope along the mine exterior, oil and gas facili- ties 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 PLANMAP 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 topsoil stockpiles within the setbacks will also limit noise 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 reclaimed if dis- turbed. The following information is a recap of the methods cur- ' rently 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 5 1 MINING PLAN EXHIBIT D WONT) perimeter of each additional mine area prior to commencement of mining in the new phases . 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 con- structed successfully on the 5 lined areas currently complete . Additional monitoring holes will be installed along the eastern and southern sides of the six stages on the south end of the amendment area . Ground water monitoring is discussed in more ' detail in EXHIBITG. 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 topsoil and 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 ' receive backfill material to establish the permanent design side slopes . Explosives will not be used at this operation. Adequate amounts of the stripped topsoil and overburden will be stockpiled for later use in reclamation. Topsoil and overbur- den 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. ' Topsoil berms will be constructed and strategically located around the site for use as noise and visual screening barriers from neighboring properties . The exact location of topsoil and over burden piles are unknown at this time, so we have shown the ' approximate location on ExHIBITC-1 -MINE PLAN MAP. Mining within each phase will begin once topsoil and over- burden has been removed from that phase area. Excavated materi- als (pit run) will be removed via front-end loaders, and may be loaded onto a field conveyor and transported back to the process- ing 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 Agreements (see EXHIBITS in the 2004 submittal) . 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 during slurry wall con- struction 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 6 1 MINING PLAN EXHIBIT D (CONT) the Fort Lupton East, Hill/Oakley, Fort Lupton West, and the Meadows 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 was filed to ' remove an oil well 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 appli- cant 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 . ' 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, continued 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 18 inches of topsoil) 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. ' Mining Timetable The continuing uncertainty of economic conditions in the construction materials industry precludes an accurate forecast of 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. 7 I ' MINING PLAN EXHIBIT D (CONT) IITable D-1: Mining Stages I Stage Name Total Mined Estimated Acreage Acreage Duration of Mining (years) • Fort Lupton Sand and Gravel I Hill/-Oakley 43.92 34 .76 Complete Parker-Panowiczi 43 .51 22 .74 1 - 2 Swingle North 43 .95 33 .48 2 - 3 I Fort Lupton East 33 .45 28.00 Complete Fort Lupton West 47.81 42 .45 1 - 1.5 Swingle South 70.56 I53 .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 Vincent West 33 .29 22 .39 1 - 2 I Adams-Parker 81.36 46 .63 2 - 3 Parker #1 43 .17 21.91 1 - 1.5 Funakoshi 43 .00 28 .25 1 - 2 I Parker #2 33 .27 25.86 1 - 2 Parker #3 43 .12 I27.41 1 - 2 Parker #4 56.94 44 .27 2 - 3 II TOTALS 897.64 613 .35 I 23 - 35 II II II II I I I Exhibit E RECLAMATION PLAN Overview ' Unless specifically discussed below, the methods described and approved in the original Reclamation Plan will remain un- changed. This will remain a dry mining operation. MAPExHIBITC ' 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 ' developed water storage surrounded by access roads and revege- tated areas . The setbacks and side slopes from the existing surface to the waters 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 proper- ties will be reclaimed as lined water storage reservoirs . Each t of the additional properties will either be sealed with a slurry wall or clay liner. The applicant 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 described. 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 practices 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 packets will match ' these agricultural uses as the crops rotate throughout 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 contin- ued 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, sloped and resoiled but may still need to be revegetated. During Aurora' s development, any revegetated areas will be dis- turbed, destroying any grass planted. To avoid the expense of 9 I RECLAMATION PLAN EXHIBIT E (CONT) seeding an area that will just be disturbed later, the applicant ' suggests a two-tier revegetation plan that is triggered if the reservoir owner plans to start development of a reservoir cell within 6 months of final resoiling. 1) If the reservoir owner plans to start reservoir development within 6 months of final resoiling no grass will be planted. Reclamation will be considered complete if a notarized ' release letter from the owner is filed with the Division. 2) If the reservoir owner does not start reservoir development within 6 months of final resoiling the area will be planted. ' However, if at anytime after planting is complete but before final release is granted, the owner decides to begin devel- opment, then reclamation will be considered complete if a ' notarized release letter from the owner is filed with the Division. The Hill/Oakley and Fort Lupton East Phases have reached ' this point . City of Aurora has agreed that significant reclama- tion has been met under the contract but L.G. Everist, Inc . has not received a notice that they plan to begin final development . 1 Under this proposed plan, L.G. Everist will seed the above-water level areas by mid-summer, unless City of Aurora provides them the notarized notice, in which case no seeding will be done . The following seed mix will replace the three currently ' approved. 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 . 1 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 back- ' filled 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 fin- ished slope as it is removed from the next area is designed to minimize the effect of mid-plan stoppage . This will place the 1 10 i 1 RECLAMATION PLAN EXHIBIT E WONT) 1 topsoil 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 topsoil to meet reclamation requirements . Of the 897 . 64 acres ± in the mined area, only ' 119 . 72 acres ± or approximately 13% will need resoiling and revegetated. Observations at the site show that topsoil on the property has a salvageable depth of 6 to 12 inches, averaging 8 ' inches except in isolated locations . 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 mainte- nance 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 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 condition 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 re- serve 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 Plan. We are submitting two options for final configuration of the ' reservoir areas as well . 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, 11 1 RECLAMATION PLAN EXHIBIT E (CONT) 1 but we are including these optional plans to increase the flexi- bility 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 implement the optional changes, including a discussion on changes in disturbed areas, slurry wall lengths and ' revegetated areas . Deep Lake Option There are also two reclamation options for Deep Lake, which ' has already been mined, but not lined. It may remain as an unlined water area if the applicant or the reservoir owner can include it in a water augmentation plan. The other option is ' that Deep Lake may be backfilled, so as not to have any open water surface depletions to augment . This second option is shown on the current MAP EXHIBIT F-RECLAMATION PLAN MAP but may change in the future as noted. ' Please also note that all changes connected with these optional plans will take place within the permitted boundaries, therefore not affecting (increasing) the overall acreage of the ' permitted area and guaranteeing the allowed use of the Technical Revision process for these changes . RECLAMATION PERFORMANCE STANDARDS ' The property will be mined in compliance with the Reclama- tion 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 remainder of the area will retain its present drainage pattern. ' The RECLAMATION PLAN MAP shows how the area will be reclaimed. 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. 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 12 RECLAMATION PLAN EXHIBIT E (CONT) 1 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 rup- ture . In addition, there is adequate absorbent materials on site to contain any spills that would occur. ' The operator does not expect prevailing hydrologic condi- tions 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 balance of the affected land and surround- ing 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 regula- tions . 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 . EXHIBIT G 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 continued wildlife use . However, creation and management of wildlife habitat is not a specific part of the reclamation plan. Topsoil in the area is good quality and deep enough to ' salvage what is needed for reclamation. When topsoil is removed to reach the mineral deposit, it will be segregated and stock- piled. If the topsoil 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 topsoil from wind and water erosion. This will keep it free of contaminants so that it remains useful for sustaining vegeta- tion when reclamation begins . The stockpiles will be located in areas where disturbances by ongoing mining operations will be at a minimum, i .e . along setbacks on the pit perimeter. The topsoil ' 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 topsoil 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 13 I ' RECLAMATION PLAN EXHIBIT E (CONT) I progresses . This may take one or more years depending on eco- nomic conditions and the amount of material mined. By the time I 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 I the areas above water will be needed. The proposed seed mix will be planted during the next planting season after resoiling is complete unless Tier 1 of the revegetation plan is followed (see I page 11) . 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. ' 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 IACRES ± TOTAL LAKE REVEGE- ROAD Misc. Area Years AREA TATION (DITCHES, I UNDISTURBED , ETC ETC Fort Lupton Sand and Gravel Hill-Oakley 3-5 43 .92 35.81 4 .40 1.37 2 .34 ' Parker-Panowicz 3-5 43 .51 19.67 17.39 2 .24 4 .21 Swingle North 3-5 43 .95 31.28 1.41 2 .58 8.68 Fort Lupton East 3-5 33 .45 27.13 5.51 0 .81 0.00 Fort Lupton West 3-5 47.81 40.56 1.89 1.63 3.73 ' Swingle South 3-5 70.56 49.52 3 .58 3 .20 14 .26 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 1.80 4 .49 Meadows West 3-5 73 .57 52 .50 5.02 13 .47 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 3 .785 I New Area Blue Ribbon 3-5 55.62 34 .16 0.32 3 .46 17.68 Vincent West 3-5 33 .29 18.97 6.56 1.61 6.15 Funakoshi I 3-5 43 .00 25.63 4.34 2 .13 10.90 ' 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 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 897.64 557.97 119.72 40.66 178.99 ll II 14 I 1 1 EXHIBIT G WATER INFORMATION Introduction The amended Fort Lupton Sand and Gravel Mine is located in ' 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 6"' 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 , 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 15 1 Water Information (cont.) Exhibit G 1 ' problem where the slurry walls are in close proximity to a flowing water body as discussed in the January 2005 Wright Water Engineers 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 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-ExHieiTD) . 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 44 wells within ' 200 feet of the permit area, L.G. Everist, Inc . owns 32 wells . Of the 12 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 . L.G. Everist, Inc . , have 13 groundwater monitor wells on the permit area and an additional 1 over 200 feet from the permit limits . Historic monitoring data is available for these wells . The applicant will install additional ground water monitoring 16 Water Information (cont.) Exhibit G ' wells around the Funakoshi, Vincent, Parker and Adams additions, basically along the east, south and west sides of the new permit area. ' 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 . 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. t 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 t 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 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 17 Water Information (cant) Exhibit G 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 t 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 t 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 . t 18 I Figure G-1 -Water Wells!within 200 feet I PUMP STATIC OWNER USE QUARTER PERMIT# RATE DEPTH WATER LEVEL I 1 LG EVERIST INC SECTION 19,TOWNSHIP 2 NORTH,RANGE 66 WEST I NWSW 6639-R 1200 28 6 2 L G EVERIST INC MW NWSW 259389 I SECTION 30,TOWNSHIP 2 NORTH,RANGE 66 WEST 3 L G EVERIST INC GP NE 57958-F 0 4 HILL GOMER D NWNE 156312-F 15 34 9 5 L G EVERIST INC MW NWNE 259392 I 6 L G EVERIST INC IN,IR SWNE 66271-F 7 AURORA CITY OF MW SWNE 48438-MH 75 24 8 AURORA CITY OF/AURORA WATER MW SWNE 282792 75 24 9 L G EVERIST INC GP NW 65814-F I 10 LG EVERIST INC AN IOWA CORP HH NENW 142715 38 8 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 I 14 LG EVERIST INC D NWNW 157913 IN, 33 4 15 L G EVERIST INC 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 I 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 I SENW 11082-FR 45 15 21 L G EVERIST INC C SENW 261574 15 40 7 I 22 ROCKY MOUNTAIN ENERGY CENTER LLC IN SWSE 58543-F 465 52 11 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 LGE D,S NENW 187790 35 660 260 30 ARNDT STEVEN J&CINDY PROPERTY OWNED BY LGE IR NENW 12883-R 1000 51 10 SECTION 24,TOWNSHIP 2 NORTH,RANGE 67 WEST I NO WELLS WITHIN 200 FEET I I _ I 1 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 WITTEMYER NANCY-PROPERTY OWNED BY DEAN SANDSTEAD IR NWSE 832-R 1400 41 5 36 VINCENT J R&R-PROPERTY OWNED BY WE IR NWSE 881-WBC 73 I 37 PIONEER LAND&CATTLE CO.•PROPERTY OWNED BY LGE D SESE 147779-A 15 28 6 38 L G EVERIST INC MW SESE 259381 39 L G EVERIST MW NESW 259386 40 L G EVERIST INC MW SWSE 259380 I SECTION 36,TOWNSHIP 2 NORTH,RANGE 67 WEST 41 L G EVERIST INC D NENENE 183741-A 15 40 5 42 L G EVERIST INC D SENE 266881 15 10 I 43 DOUGLAS BONITA D SWNE 198087-A 15 40 18 44 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 I iv,v„435, , I \\-rii ' , \ \17:71\.\-- ii) 1 4 O}, i i I . ( . ikk% ' , - . - I cov• o .)._ .....„ 19F F,\ ,,, t\ -%\ 0 0 1 ' ir b \ —, l r � �� •L. WM-25938 W 6639 ' • ( • 4---. ° o : O S N //) b o V I • •�� ( . • . . . .. Flume „ . 2• 2 , • Sa+td Hill . Lake 0 -• Sip n 63 • :. WM-2c9388 - I- .,59391 1 %AAA/ +57913 WW 66274-F'15 sff.s.: - ' ... r WW-158009 • . r CT • ,t S �� / 2 �o WM-2593R i + ''W W 47204 O • W W 202995 ; ) o �' • ~' • � : 1 WW-66273-F : WM-282792 l �\--Po ( U/ Si ? I + SWM":-JAGP-65814-F •WW-80437-A' i O i wm--to438-MH O! I \ 1. / C, ° K -Ft. L on 897. 64 AC. 2 ti �J2 = PERMIT �#M- 1999- 120 t 1 t WW 832 R rep WW 66271 FR ,J.I 7✓I -1 I. % So �." 0 , WM-259386 WM-259384 '- • WW-881-WBC • ° no WW-58544-F P i /'\ I‘ 1 7 2 2 t2 . ( ) I i WM-259382 WW-58541-F " p .. GP-70327-F o WW-147779-A N t ,'mil 4890 • , 2 2 2 2 �-'� i • SWM-259380 WM 259381 _ WW 148826 WW-58540) 1 dir J/ `JThs, 4 \ r WW-183741-A 1 I e. • .- --C\ r-- ��g • J 49.21 yr'_---f o — _ / ww:e;79& /W ,, , .."V 0 WW-198087-A • ry VW-X884-R Declination 3 •\ ( '• I * Si ` WW-266881 . . 3 1 ' . .• 191 • i • 0 I � � • S ' / • : Vjji 1 • 7 - -- - - 1 i + p $.ettC I % I ) )11 _ .-eMN 9 01 E ! "O � //(4r yri t (C) 00 . My`opo LOCATED IN PARTS OF , L.G. EVER/ST, INC. Name: FORT LUPTON (CO) SECTIONS 19, 30 & 31 , T-2-N, Date: 01 /18/12 R-66-W, AND PART OF SECTION FORT LUPTON SAND & GRAVEL Scale: 1 inch = 1 ,500 ft. 25 & 36, T-2-N, R-67-W, 6TH P.M., MAP EXHIBIT G - GROUNDWATER I WELD COUNTY, COLORADO WELLS 1 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. I I I 1 21 1 1 EXHIBIT I SOILS INFORMATION 1 1 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 1 these soil types . Soils on the amended Fort Lupton Sand and Gravel mine site 1 consists primarily of 3- Aquolls & Aquents gravely substratum and 41-Nunn clay loam. These soils are primarily suited for pasture, rangeland and 1 wildlife habitat . They are well suited to reestablishment of grasses as proposed in the Reclamation Plan. 1 i 1 1 1 1 1 1 1 1 1 22 1 I Custom Soil Resource Report Soil Map N M N O pp I to ;I- ,-- y. O O k- 40° 7' 18" 40° 7' 18"it: ir • r 1 t23 !, - ' _. ' il, .. .. ... ... i „F_ L at: . . ,. . , . 7 ..,1/4. _.„....'4,.,' .... , ., . , t .I !ti A 11, � ., ilk •ill R N I r ( A ---6 • • 'M = aril'i. Taal! 'r- t l ..Irt:.-I. '; I ., a lir , . ,., , .. ,l r ... af, _ _.,_,�i• 1 Tel rte•/ 2 • `f� -11° 0. Ilk a TEA s .7w °' . ice• . \ ci irA Let f i ill • \\• rrn '�ir t 41 t. i — ; . G• I \\-- • - ,.. j. 00 I 61, .r 41. :9)I) a - Klcsk%.H 1 - I t.t_____IL.ds.- 1 ti ' Q fI ! i • to LL if 1 II; L .�r _. _ .. 7 _ ______ , . .... -4 l . st gym - 40° 2.4'40° 5 33„ n °' Map Scale 1'15,300 if printed on A size (8 5"x 11") sheet °' O 00 Meters c ' g N 0 100 200 400 600 r N Feet A 0 500 1 ,000 2,000 3.000 I I o o . }\ 2 N co to 0 co CV \ { \• w � ; \ : co \ /\ z \ ) /\� � \ /§ \ O C2` \) } 2 co — 2— -EL` ( _ — ■ « _ _ | /j \ z \ _ co , \ / !f }{ - \\/ \- _ a0. { CD 2 \\�� \ . \�\ \\ \ \ \ \co E \\\ 2 a \ - ! ±t ® ! f To o° E - \ ( "5 75 ) \\ \\ (� I co co / \ j ] t? EE \\\ }E \\ / } {/\ X X II ..= E. co a CO _ o ] _ ra 3CD w - cn 0 Faco I fI / \ f \ / 11 \ )/ ) ; ) $ ! { § } lii 2 e - . \ z ; ' - ) § 0- U) ` § ' � � ) ! -J 5 - •-c ) : 2 , 0= g- \ - - k \ : ; l , 1 I II11 : - - = ; e } } \ \ , ! \ } j / \ \ } : ; / ; 0. . - 7 » 2 » , x • 9 - 1 „ > w2lo � , . go I 4 ( I I I I Custom Soil Resource Report I ' Map Unit Legend ' Weld County,Colorado,Southern Part(CO618) Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 1 Altvan loam,0 to 1 percent slopes 2.8 0.3% ' 3 Aquolls and Aquents,gravelly substratum 630.4 69.2% 10 Bankard sandy loam,0 to 3 percent slopes 118.4 13.0% 32i Kim loam, 1 to 3 percent slopes _ 4.2 0.5% 41 Nunn clay loam,0 to 1 percent slopes 124.8 I 13.7% 47 Olney fine sandy loam, 1 to 3 percent slopes 6.2 0.7%i I 70 Valent sand,3 to 9 percent slopes 10.4 1.1 85 Water 13.8 1.5"/ ' Totals for Area of Interest 911.1 100.0%J ' Map Unit Descriptions The map units delineated on the detailed soil maps in a soil survey represent the soils I 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. A map unit delineation on a soil map represents an area dominated by one or more I major kinds of soil or miscellaneous areas. A map unit is identified and named according to the taxonomic classification of the dominant soils. Within a taxonomic class there are precisely defined limits for the properties of the soils.On the landscape, I however,the soils are natural phenomena, and they have the characteristic variability of all natural phenomena. Thus, the range of some observed properties may extend beyond the limits defined for a taxonomic class. Areas of soils of a single taxonomic class rarely, if ever, can be mapped without including areas of other taxonomic I classes. Consequently,every map unit is made up of the soils or miscellaneous areas for which it is named and some minor components that belong to taxonomic classes other than those of the major soils. I 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 noncontrasting, or similar, components. They may or may not be mentioned in a particular map unit description. Other minor components, however, have properties I and behavioral characteristics divergent enough to affect use or to require different 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. I Some small areas of strongly contrasting soils or miscellaneous areas are identified 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 I observed, and consequently they are not mentioned in the descriptions, especially where the pattern was so complex that it was impractical to make enough observations to identify all the soils and miscellaneous areas on the landscape. I Custom Soil Resource Report The presence of minor components in a map unit in no way diminishes the usefulness ' or accuracy of the data. The objective of mapping is not to delineate pure taxonomic classes but rather to separate the landscape into landforms or landform segments that have similar use and management requirements. The delineation of such segments on the map provides sufficient information for the development of resource plans. If ' intensive use of small areas is planned, however, onsite investigation is needed to define and locate the soils and miscellaneous areas. An identifying symbol precedes the map unit name in the map unit descriptions. Each ' description includes general facts about the unit and gives important soil properties and qualities. Soils that have profiles that are almost alike make up a soil series. Except for ' differences in texture of the surface layer, all the soils of a series have major horizons that are similar in composition, thickness, and arrangement. Soils of one series can differ in texture of the surface layer, slope, stoniness, salinity, ' degree of erosion, and other characteristics that affect their use. On the basis of such differences, a soil series is divided into soil phases. Most of the areas shown on the detailed soil maps are phases of soil series. The name of a soil phase commonly ' indicates a feature that affects use or management. For example, Alpha silt loam, 0 to 2 percent slopes, is a phase of the Alpha series. Some map units are made up of two or more major soils or miscellaneous areas. ' These map units are complexes, associations, or undifferentiated groups. A complex consists of two or more soils or miscellaneous areas in such an intricate pattern or in such small areas that they cannot be shown separately on the maps.The ' pattern and proportion of the soils or miscellaneous areas are somewhat similar in all areas. Alpha-Beta complex, 0 to 6 percent slopes, is an example. An association is made up of two or more geographically associated soils or ' miscellaneous areas that are shown as one unit on the maps. Because of present or anticipated uses of the map units in the survey area, it was not considered practical or necessary to map the soils or miscellaneous areas separately. The pattern and relative proportion of the soils or miscellaneous areas are somewhat similar. Alpha- Beta association, 0 to 2 percent slopes, is an example. An undifferentiated group is made up of two or more soils or miscellaneous areas that could be mapped individually but are mapped as one unit because similar ' interpretations can be made for use and management. The pattern and proportion of the soils or miscellaneous areas in a mapped area are not uniform. An area can be made up of only one of the major soils or miscellaneous areas, or it can be made up ' of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example. Some surveys include miscellaneous areas. Such areas have little or no soil material and support little or no vegetation. Rock outcrop is an example. 9 1 Custom Soil Resource Report 1 Weld County, Colorado, Southern Part 1 1—Altvan loam, 0 to 1 percent slopes 1 Map Unit Setting Elevation:4,500 to 4,900 feet Mean annual precipitation: 14 to 16 inches 1 Mean annual air temperature:46 to 48 degrees F Frost-free period: 130 to 150 days Map Unit Composition 1 Altvan and similar soils:90 percent Minor components: 10 percent 1 Description of Altvan Setting Landform:Terraces 1 Down-slope shape: Linear Across-slope shape: Linear Parent material:Old alluvium 1 Properties and qualities Slope:0 to 1 percent Depth to restrictive feature: More than 80 inches Drainage class:Well drained 1 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 1 Frequency of ponding: None Calcium carbonate, maximum content: 5 percent Available water capacity: Low (about 5.7 inches) 1 Interpretive groups Land capability classification (irrigated): 3s Land capability(nonirrigated):4e Ecological site: Loamy Plains (R067BY002CO) Typical profile 0 to 10 inches: Loam 1 10 to 25 inches: Clay loam 25 to 60 inches: Gravelly sand Minor Components 1 Cascajo Percent of map unit: 9 percent 1 Aquic haplustolls Percent of map unit: 1 percent Landform:Swales i 1 10 1 1 Custom Soil Resource Report 1 1 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(nonirrigated):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 1 11 t 1 Custom Soil Resource Report 1 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 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 12 I 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 ' 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 (0.57 to 5.95 in/hr) 13 i 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(nonirrigated):4e Ecological site: Loamy Plains (R067BY002CO) 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 14 1 Custom Soil Resource Report 1 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 1 Description of Olney Setting ' Landform: Plains Down-slope shape: Linear Across-slope shape: Linear t 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 1 15 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 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 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 16 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 t8 to 60 inches: Sand Minor Components ' Osgood Percent of map unit: 5 percent ' 85—Water ' Map Unit Composition Water:95 percent Minor components: 5 percent Minor Components Aquolls Percent of map unit:5 percent Landform: Marshes t 1 17 EXHIBIT J VEGETATION INFORMATION I 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. Vegetation presently consists of remnants of the nursery operation and various grass species . ' Vegetation Information Vegetation Type Descriptions The following vegetation types were observed and mapped on the site . ' Pastures - Excluding the Blue Ribbon Nursery parcel most of the upland portions of the amended acreage consist of pastures developed for grazing livestock. ' 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. 1 35 I 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(8 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 IMON I HLY MEAN TEMPERA1 URE. (F) JAN 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 IMONTHLY 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 i 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 YEAR 2007 2001 2002 1997 1999 2003 2004 1997 1999 2002 2000 2008 1997 I 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 I MINIMUM 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 YEARS OF RECORD 13 13 12 12 12 12 11 12 12 11 11 11 10 ITOTAL MONTHLY PRECIPITATION. (IN) 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 IMAXIMUM 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 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 IYEAR 2003 2009 1999 2002 2006 2006 2008 1998 2003 2003 2003 2002 2002 YEARS OF RECORD 13 13 12 12 12 12 12 12 i 12 11 11 11 11 I TOTAL 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 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 I YEAR F tt tt 99 tt tt: EiE MIMUM t tt t t tt t tt t tt t 2003 nO500 tt. 2008 2008 2008 2008 2008 2005 2002 2004 IYEARS 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 -January27,2011 I I 36 1 EXHIBIT L RECLAMATION COSTS No new estimate is provided at this time. We believe that combining the two bonds currently held by the Division for the existing ' mining operations is adequate to do the reclamation needed at the combined mine at this time. Current bond information: ' Fort Lupton Sand & Gravel Mine $ 997,872.00 Lupton Meadows Reservoir Mine 289,000.00 Total bond amount $1,286,872.00 ' However, the Division may feel differently, so the applicant is re-capping the changes to the site that we have explained in detail throughout this amendment application. These following changes may ' affect the reclamation bond. The applicant asks the Division to include the following items in its Circes° bonding calculations for this amendment : ' Bondinq Decrease Reclamation Work completed (noted in SR-2, dated 2/14/12) - Hill-Oakley and Fort Lupton East - slurry walls certified by the ' SEO, backfilling, sloping and grading is done. Only revegetation remains . Possible Bondinq Increase Newly installed (or reinstalled) slurry walls - Meadows North (reinstalled) - Meadows South (reinstalled) ' _ Meadows West (no water exposed) Swingle-North - installed slurry wall (no water exposed) - Parker-Panowicz - installed slurry wall (no water exposed) - In conjunction with the installation of the new slurry walls, ' there were necessary surface disturbances including (a) the working platform that is built for the equipment that is constructing the slurry wall, (b) areas where the material was ' taken from to construct the platform, and (c) haul roads between the slurry wall platforms and the material gathering areas . These areas will need only grading and seeding. Mining in new area - Parker-Panowicz - this stage is already bonded for surface disturbance, but 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 . CDPS Stormwater Discharge Point ' - The applicant has added a permitted discharge point on the Lupton Meadows property. To be in compliance with CDPS regulations, any water discharged from a site must be clear, so the applicant built an above-grade settling pond for the dewatering water to be pumped to first, allowing fines to settle out prior to the permitted discharge into Little Dry Creek/Slate Ditch. 37 t Exhibit M OTHER PERMIT AND LICENSES 1 . 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) 3 . Campbell Pit Annexation #1 and #2 (Lupton Meadows t 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 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. 38 t I ' ,�] L.G. EVERIST, INC. i M Rocx .SOLID SINCE 1876 7321 E. 88m AVENUE, SUITE 200 L'I HENDERSON, Cou)RADo 80640 I SA I) PHONE 303-287-9606 • FAx 303-289-1348 ROCK -_ -- Exhibit N SOURCE OF LEGAL RIGHT TO ENTER I AFFIDAVIT I STATE OF COLORADO ) I ) Ss. COUNTY OF ADAMS ) 1 Dennis L. Fields, Vice President and Corporate Officer of L.G. Everist, Incorporated, being first duly sworn upon oath, deposes and says: I1. 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 I conduct mining operations for sand and gravel and other construction materials on said mine. I 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. I . .„, Signed: c -,„*..e..-1--,-,----,, .5 --ter—, ' Dennis L. Fields, Vice President Subscribed and sworn before this �—Tr—, Y i — day of FCgtit.4b../Y , 2012, Iby Dennis L.Fields as Vice President of L.G. Everist, Incorporated. INotary Public: ✓nifilL 4 (notary seal) My Commission expires: _ 0/- (1)-Zo/$ I LYNN MAYER SHULTS NOTARY PUBLIC I STATE OF COLORADO FL-DRMS-ExN-LegalRightToE nter-2012.doc I ' Exhibit 0 OWNERS OF RECORD SURFACE AREA AND SUBSTANCE TO BE MINED I1 L.G. Everist, Inc . 7321 E . 88th Ave, Suite 200 IHenderson, CO 80640 ADJOINING LANDOWNERS (WITHIN 200 FEET) I2 Dean & Linda Sandstead 14 So. Platte Valley Historic Society 11586 WCR 18 P.O. Box 633 Fort Lupton, CO 80621 Fort Lupton, CO 80621 I 3 Denton & Nancy Dykes 15 Harry & Martha Inouye 11527 WCR 18 12210 WCR 14 . 5 Fort Lupton, CO 80621 Fort Lupton, CO 80621 I 4 City Of Thornton 16 Color Star Growers of Colorado, Inc. 9500 Civic Center Drive P.O. Box 619 Thornton, CO 80229 Fort Lupton, CO 80621 ' 5 Freddy & Lisa Dodge 17 Ms. Anna Verbeek 11992 WCR 18 11400 WCR 14 .5 Fort Lupton, CO 80621 Fort Lupton, CO 80621 I6 Mr. Richard Hein 18 Ms. Lynda Stanek 5290 E. Yale Circle No. 103 11420 WCR 14 .5 IDenver, CO 80222 Fort Lupton, CO 80621 7 Darrell & Nelva Bearson 19 Bonita Douglas 9208 WCR 25 6638 WCR 23 .5 IFort Lupton, CO 80621 Fort Lupton, CO 80621 8 Mark & Kelly Kinnear 20 Sam & Frances Funakoshi Living Trust 12857 WCR 18 6757 WCR 23 .5 IFort Lupton, CO 80621 Fort Lupton, CO 80621 9 Gomer & Julane Hill Living Trust 21 Robert K. Alberts I 12526 WCR 18 200 Racquette Drive Fort Lupton, CO 80621 Fort Collins, CO 80524 10 City of Aurora 22 Ms. Joyce Johnson I 15151 E. Alameda Pkwy. #3600 P.O. Box 1092 Aurora, CO 80012 Fort Lupton, CO 80621 ' 11 DWW Ewing Farms LLC 23 Roger & Judy Patterson 7501 US Highway 85 P.O. Box 122 Fort Lupton, CO 80621 Fort Lupton, CO 80621 I 12 Ms. Penny Rankin 24 Weld County Roads c/o ROW 12331 WCR 14 .5 1111 H Street Fort Lupton, CO 80621 Greeley, CO 80632 I 13 City of Fort Lupton P.O. Box 633 Fort Lupton, CO 80621 I 40 I 1 OIL, GAS AND OTHER MINERAL LEASES OF RECORD Anadarko (dba Kerr-McGee) Foundation Energy 1099 18th Street Suite 1800 14800 Landmark Blvd. , Suite 210 Denver, CO 80202-1918 Dallas, TX 75254 ' KP Kauffman CO Top Operating Co. 1675 Broadway 28th Floor 10881 Asbury Ave Denver, CO 80202 Lakewood, CO 80227 Noble Energy Encana Oil & Gas 1675 Broadway 28th Floor 370 17th St. , Suite 1700 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 Panhandle Eastern Pipeline CO. P.O. Box 929 635 N 7th Ave 18551 E. 160th Ave ' Brighton, CO 80601 Brighton, CO 80601-8519 Colorado Interstate Gas, ROW. Xcel Energy (PSCO) - ROW Western Pipelines 1500 6th Ave. ' P.O. Box 1087 Greeley, CO 80631 Colorado Springs, CO 80944 Century Link (Qwest) KN Energy - gasline ROW 1801 California St, Suite 1160 ' P.O. Box 281304 Denver, CO 80202 Lakewood, CO 80228 Level 3 Communications ' Welco Ventures - gasline ROW 1025 Eldorado Blvd c/o Cogswell & Wehrle Broomfield, CO 80021 1700 Lincoln St . Suite 3500 Denver, CO 80203 Lupton Bottom Ditch ' C/O Howard (Corkey) Cantrell KP Kauffman CO P.O. Box 305 1675 Broadway 28th Floor Ft . Lupton, CO 80621 Denver, CO 80202 1 41 1 I ' Figure 0-1 Property Ownership Mop 6 I N O I a'O 0 o 8 3 • CD N \ I FORTL UPTON SAND AND GRAVEL MINE PERMIT#M-1999-120 II O ' 2 2 titi % LUPTON PERMITMEADOWSRESERVOIR ' 6 PERM Q ' -2002-104 1 /V / IZ jf N II tri, o N o I 6 �Q 0 I h V ci ._ WELDCOUNTY ROAD 14.5 _ -- - 2 t 18 ilia I I ' JAN 27, 2012 - 15:37:13 ' 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 43 I EXHIBIT Q 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 303-286-2248 Hand Delivered 44 I ' EXHIBIT Q (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 ' 303-286-2248 i 1 ' Hand Delivered 45 I EXHIBIT R PROOF OF FILING WITH COUNTY CLERK AND RECORDER February 23, 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, 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. ' Weld County Clerk to the Board By 46 1 I ' w -0 . d' -ri U 4-1 al >, M A 0 .0 U ma ' -H F.' i-1 id Wk d F' A � X km �U/ v1 "-1 U �a 13 V al E 2 N N ?Di N Y. 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C 1111111 C j d CbO T ≥0O _. CI 9r.' Uo 65 d NO rNyOd Cn N7 CdOdj cc d al .dW; m JJreJ W o f O 2 �N I EXHIBIT S PERMINANT MANMADES STRUCUTRES (CONT) I I PROOF OF MAILING i U S. Postal Service ( 1 U.S. Postal Service , ? I CERTIFIED MAIL RECEIPT CERTIFIED MAIL RECEIPT , I (Domestic Mad Only:No In urance Co e a7 cPro'-ded) i in (Domestic Mail Only:N Insurance Cu.or.+ge Provided. Ame-C,l:v�.rv' r ,ano:.vas wens Te al . .� rJJi Fora.-iw y .I eer�m .w.c,m it � � OFFICI OFFICIALLY , c � � AF��. P. c pop 1owed Fee lifficariLot.i C- , C I co p P.aOn.h 0 (Eem.an . R i W r.(',�.- p IErownwa s N �s, NXS w" O (EntlOin YPeP Vii` t FiWtMODtz .� aal 0- I ' r O (ErliwauRM Re°IOei1 �`(+I J- / ~ 'a T°W Poega4 Foss A TCW POMP lFwMIA' r0 & S To o arw ro I - ..._._. ____. 0 gdre,1YC7<6T.__._'. city or m.nton ..._."—.. sia- ixl.' °.0 a aims ian°atam ."" .""_ y r- aPoBox No. nuts a as Ir- c,-m Na. uo0 civic Cuss Drive I - Port Lupton, Co 10621 —.. M1 cmtoo. CO 60226 ___..._. I �Y�eili.8R1...._. , U.S. Postal Service - ' I U.S- Postal Service CERTIFIED MAIL RECEIPT i CERTIFIED MAIL RECEIPT O j :Darn st+c 'Ad I Orrl No In—..+ace Co, „_o'o+ided', I /Dourest c M1l-I l p 1, .l Ins,.ram. Co ;de Plc 0—r u'I M1 Y 0 ▪ r�. nr.evi mr I rors n .: +sP—run A OFFICIAL SE col OFFICI US -. . I M1▪ ., PSYP s ,!C r. 6064a0p .sue. ,�� tJ CUMW Fa. ' n. r Yh G Crilm Pas ZrgF �i .qb ,., • lEnUvssmenteeabl V Hem (EMar v PesairRomig e Y ,* *' O awe G ��I or ' Fr p (EMd.anw+ YROWNS • Flobttrod Delray Fee O (Endearment Ml Csal �` M1 $ '] -� T°W P01S0.6 fw $ • J�.. VI i ,� 1 � Total Me.ys*Ness 310 ip Sent To ' O "- earYll a Melva Marron Q•}$j�a"(i�"y[ j- w• Fmy YaRL .._....___..._ fJ L6"ea(.Fi1G; f200 KR l5 If 111 KR N.° '. M1 aPoBW N0. rust Lupton, CO eocxl I r or ano. Fort Lupton. Co 20121 i Cbt4M"bp.�_. . I U.S. Postal Service '� ... .. .. . U.S. Postal Servlce r, Q,CERTIFIED MAIL RECEIPT ! CERTIFIED MAIL RECEIPT m (001710 sir Ma l Only.No Inc v0ace COLP53QC Provided/ (Domestic Mail Only.No I .unr«ee Cor:ragr Provided � I OFFICIAL USE �I OFFICIAL USE Pangs E 36ir Padres�f {� E ®l _''� OwMaW Ls3J (p* i_3s-Rscslot G p `' ° _ i" - w"^°'F°°.b.'5'r" a, (,''i loalrlotod $ ] �/� 1„ O (EnapwRn ReW.a) .i.. r / sf! r $ 3 to..., -raw paws Lfw ♦ .•i' ,>.� e, T°nl rbnp.EFw i a ° a @ari]b a G -- merry a R+rtY lewye "-- a rq 3'FM(7p'H; Y. Yu aortal M1 P -r 12210 KR 11.s 00 KR la.s---- Fort a.pton, eoail --p 3We--.Yd4a Fart Lupton, c0 00621 � I I EXHIBIT S PERMINANT MANMADES STRUCUTRES (CONT) I - PROOF OF MAILING I ; U.S. Postal Service °- U.S. Postal Service CERTIFIED MAIL RECEIPT , Iry CERTIFIED MAIL RECEIPT trl O 'Domestic Mad Only.No Insurance Coverage Provided; i (Domestic Mail Only,No rnsmance Coverage Provided) nr.43 Or�F�rF1CIA� L� USE , EO OFFICIAL ca r,- ' 0 cued Fee �, 3-9 OPIMdFw z ` co;. Reemr6'arWF« 1 Him I o tdRain"'upraw�m J I, c fnan'rwRR'maed) it .,F. . o 6! nsbkled Delivery Fes cliI Rafted dDewy Foe to 0 ffinik oare N M1 d Remand) '. . -� ' (EgmrweRemdre(D .y r p TOW POYyeaFr $ 3, S9 �. Total Ponce IL Peso �ell 0 A ' t7 96 -k'710.r,—" _ w. LT.w ecwe - earth tins w —...—___ M1 mpp Bm'61p ]1134 nu 11.5 M1 orPDDo3Ne 66]e ea 31.5 eaK Loptm. fd Boe31 -----____ _ Fart Lupfar. CO 10631 iSu Aid`n YI6:J"-- I IU.S. Postal Service U.S. Ponta Service CERTIFIED MAIL RECEIPT I .n CERTIFIED MAIL RECEIPT 1. N Domesric Marl Only Na a + cc Co c red Presided) I In i Dem :.io Ma ON, No Int utov "' lo Pro 1t J,c OFFICIAL Ubt I .0 OFFICI t.,t •—• E I r Raspl r } I M1 . CI Caeilled Fin .tom. � i �l n� 0 � �`moreeteent Reaae:ilin Itd) ��_{,±�,�,`,� Ty i Ia Toll Pangs.Ras $ 3e' -'»' ; ri Tar POSE a Fwd EINEMP _ O : as . 0 Sent To rg a ---• -- voyK I. e11.tY O 3'i.e(,iP1:7GE,'--'-" w. soya Jmarar M1 or PO BY Ik4 ioo Yagnett.D['A r'- orPOSaw No. e.o. M 105] �^'. lort TCO rat:C0,0530 __.._ TOK Lupton. M 90631 L U.S. Postal Service i U.S. Postal Service r, CERTIFIED MAIL RECEIPT 1 ' CERTIFIED MAIL RECEIPT O S (Domestic Mai Only.No Insurance rance C overagt Provldr4 I yj 'Derneslm/deal COIL:No Insurance Coverage Prove de d) ror cmiwv , t.r meo�.. r w✓- M1 ▪ OFFICI :; gln.--' � to OFFICIAL I M1 PS I • 'to M1 Ps $ tfer L\, CanlleG Fee r+� N Iii) IllCeNB'd rr >� O p4een Romig Pee rtie IF>td°'e`"t'°gyYedj ___ pt teneai tRna+elm Nag�b t#) Reoldeled No a _ I Fs O (EPdmeemw8 'yR6mW ° V , O (BgmwwN pRquired) n.^.1 M1 eg• TaYl PS,a Fr M a] lbw PwIPw{Fees $ 3.10 0el re BWTb ' O et atme.; ROW t Judy rettet.en D 3d"+ii 17o; Weld County hoard of M1 NPoBar me P.O. Box 122 N or O6w Nn County treat mere —•----•----- Port Loptonr CO 80631 11te 8 street _....,.__.. r3R:Stir. .'_' �91�36w-SrT.e .__ orwtn, CO '0622 I I EXHIBIT S PERMINANT MANMADES STRUCUTRES (CONT) I IPROOF OF MAILING r U.S. Postal Service i U.S. Postal Service CERTIFIED MAIL- RECEIPT ; _ CERTIFIED MAIL RECEIPT n-IN O mrsrir M3 I Only No Insurance niter r9. Oro, tledl (Damesfic MaiOnty:Nn Insur Inc Lou +4 Provrdrd ..I M1 v dc��.r for,,.ro t p w�oti tc-xw l A a `� OFFICIA Al OFFICIAL USE ' .. m. Pies C Poesq ��/� s- .af M1�y C - Coiled Fos re; C.rNME Foe Z ,�Il'r, C.� r p �pn N.441 ho y, Ha +�rD0 (E Slum Ya'.e^wnlHewblHeplH.N �1'A, Cr Hon IEwkw0pwel nomad) - I:%.' ;. H04 rsem NNW** O � 1� Ca p (Endorsement H.ar++d) M1 41b • Y Total Palepe•rw �/ Total Postage F.. $ 3, , A ' 0 b'enrp p 9 « !.. 0 'Sdmsoc b. .._-. pan aim worn Gd orPOaa•It apm ap.[fr f • a.PoBp.Na el 3a co. 11 A'1R'R fh. DCf uNt[.0 fu W-$11$.)944...- ---_.. ._ 3s 11 ltL CO..._ M1 spit si- r�- 3a3 nw et. nao ._..._._. (TT gYf.,'dp.�_•• e[Laafia. ap sofat --.- Dower, co 00202 IIIIIMaIS I U.S. Postal Service Ir I «,U S. Postal Service CERTIFIED MAIL RECEIPT CERTIFIED MAIL RECEIPT I I 1 to (Or r lestrc M t Oral.No I s .rnrr Con I.0c f•ov:dnd i cc rOonlcsbc Mad Only,Or 1. rrnrr(-nrc On PiovmrN col OFFICIAL w i _l OFFICIAL USE P•+w. I co Orllled rr 'f 1L-�1� in; 1 co On-Fir •v c\, C Rion OD (Endom ent Alg"Fe wVa) d C.wre - I !I 0 (Endo nawatf A.4.ee) ';,I ------ r, li Fos o ,rte. wnt Daisy ww+.m S A.�+.e Nifty F« • N lee AAL'F, W i O'IE.d.wHe.^t Requiem Sl TC vgwu.ar.� $ Wasp �� I i •-0 Taal PosYyeU Feee $ 39�rK W IE� ri 0 Salt ItoI I 0 swt ro I A ._-_._...._.. o 'O.O cer Mx _._ cp>or.ao inter tat G. f O'Ji:i[.iara m m.:fr r o.Poe,.Mx .O.s.ze a10.3te.e ! M1 aPola Mon P.O. 0Od 301304 Wilk—�rL1_� f.p. qa 3ql .. La...0d, CO 00229 _...__._..._. ...1 731K Bier 54f"colac.ae earlew, CO*0904 '...._._. , US. Postal Service f I I U.S. Postal Service CERTIFIED MAIL RECEIPT I I CERTIFIED MAIL RECEIPT I 0 (Domestic Mill Only No Ir:w ncr Coverage G'3o vrdedi ,...1 (DomecUc Marl Oaly.Nn In . ae Cmo P o.Ided I O3 CI OFFICIAL OFFICIAL USE I ! en c0 r-4 c.u9.d r.. 2 ' , M1 P0w'� ^' I Caged Fos 2• in (......„„„..v.= u C�'1 IENOPon an Pllapi�� =1 Hon G m..irdFlootual°iWryR.auYed! Y'..Foe 0 Hwewl.d Debug,Fos N I G /Er r o I�eaw.e.ta Heaalam Tom PabQ.d ... $ 3, Tool $ 3, a 0 tlM e I 0 8wa 0 O .t%ti'�li-... mono wafp[e. .� ice.[�j� ._ r aposoz3dO. O 3FeeC/µ � Unit"PA.L waver, corn.:CO 9 f Mule 0 aOlicAr Unit 1.fit ------ I3o0 Llocoo at. mite 1S00 ..._..... ----- _ i[1g0ta. CO dOf03-0f 19 ._.---�...._._ t�lf b3wll,YlAH qp•e[. CO(0303 G1M 9wM Yd4a I I I EXHIBIT S PERMINANT MANMADES STRUCUTRES (CONT) I PROOF OF MAILING I iIC- U S. Postal Service 1 U.S. Postal Service # I C CERTIFIED MAIL RECEIPT CERTIFIED MAIL RECEIPT ‘� (Oo aslc Mail Only:NO InsuranceCc rnq.F ovided) Lrl ! m (Conies tic Marl Only No Insurance Coeranc Provdad013 l l Fo rlNri� r b n ;;rp:nc u.p<cnn r For llulbcry ricr tlor v ,,. sebe.:al v us Ps<cm 43 OFFICIALa711.1 a OFFICIAL USE I I � 43 C-.- r • p� WWI l w" l J '' N Pomp a �.rl Pilled Fos 0 R+.R R. a FWIIIIIMp, C .EndomR4n. horlplFo• r,. , 0 •. 0mem en o tee Dewy m w i 0 cw °a"un.P. $ '] E TOW Pony. =.. Taal Pamp..Fr 3. %�� a ir-RI 0 sryo .... ,E o yRl rR _ Q EIligPo o i� a P� (o631 0 Atl 1.0]G11f 110202)h14 11L0 fly, co eo[D1 �' >Po91.M1. P•n..c, CO F.]oi I i I . U S. Postal Sr rvice {T U.S. Post ll Eel ,IC I ru CERTIFIED MAIL RECEIPTI H c CERTIFIED MAIL RECEIPT S -O 1.ail O./p-h'o mm Cn c it Pro:idedl cyr ?Dime.tic Ma I Only.No I r wall -, 6 91 Piaritlea' •O I r- OFFICIAL E ! � OFFICIAL SE M1Pone • ,•�/.V r1 M1 F°r.Y. a .mil DNPPM M. 95 'A GY�I.O Fr t0 'rl V y. . GI ' ' IS IEnamnat mWw•R.y.Roan e4 ^Ml. I O Ip �Foe OJ .W. Rnn•aa•Daisy Foe CY r 0 R.•al•W D.pnryFe Ni O (Elmw..•R.W.c) 0 n•OR•m.N,.ga•1 ♦e $ 3.�N $ * r TPW Pbaq•lFW 'ice TaWPrrrp•aF.W ' 0 taM 1p - 0 lati lb a '56dae21ift dLuptonCQ ksy Ca Ditch _..---'----- ' M1 orPO&a NO. uu naocWe.1M .i M1 >PosaN0. C/O CVRq c•nts•11 ._- Ftw.elaa. CO•..n _.._.._._...._ P.O. Box rnn • 7 Witt -GF—ii.._ rt. Lupton. w inn __.._......._. r I I 1 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 2047 . 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 subjects 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: t 1 53 1 NOTICE ' 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 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 . t t Certification , 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 1 1 1 1 54 I I Delivery receipts I I I I I I I I I I I I I I I 55 I LARGE MAPS AVAILABLE FOR VIEWING AT THE CLERK TO THE BOARD 'S OFFICE , IN THE PUBLIC REVIEW FILE . Hello