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Home My WebLink About20121901.tiff NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR(112)CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF COUNTY COMMISSIONERS yield COUNTY /i`7 ' It5Ptialties ,tnC_. (the"Applicant/Operator")has applied for a Regular(I 12)reclamation permit from the Colorado Mined Land Reclamation Board(the "Board")to conduct the extraction of construction materials operations in \,.fie Id County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Reclamation,Mining,and Safety (the "Division")and the local county clerk and recorder. The applicant/operator proposes to reclaim the affected land to ,Q racu It-UraI use. Pursuant to Section 34-32.5-116(4)(m),C.R.S.,the Board may confer with the local Board of County Commissioners before approving of the post-mining land use. Accordingly,the Board would appreciate your comments on the proposed operation. Please note that,in order to preserve your right to a hearing before the Board on this application,you must submit written comments on the application within twenty (20)days of the date of last publication of 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 the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203,(303) 866-3567. NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice of a change to a previously filed application you must either attach a copy of the changes, or attach a complete and accurate description of the change. 7 UI ?A1 'WI FL /mow 1- ZS .)2 - 0 3-) a 2012-1901 AFFIDAVIT OF RECEIPT State of Colorado County of Weld BEFORE ME, a representative of the Weld County Board of County Commissioners, on this, 1914-- day of J , 20/ , I did receive a copy of"Notice of Filing Application for Colorado Mined Land Reclamation Permit for Regular(112) Construction Materials Extraction Operation Turnpike Mining Resource". Weld County Clerk and Recorder Or Clerk to the Board Signature 6111-u- E tas,ck. Name (printed) Title te(&r/C3tL2o�.d N O - R* c -1m n G CD C rni r9 rnn--i o �- N O AFFIDAVIT FROM THE WELD COUNTY CLERK& RECORDER This will acknowledge receipt of the Mined Land Reclamation Board Application for a Construction Materials 112 Regular Permit No. M-2004-009 Amendment for the Turnpike Mining Resource. This document is on file in the office of the Weld County Clerk and Recorder/Clerk to the Board, 149' th 1flt Ave., Greeley, Colorado, 80631, for public inspection. /150 O Sinai- Dated this Weld County Clerk and Recorder ,f Or Clerk to the Board In G=- �he/ c/C N Signature cn N Es}46— E C S; �o Name (printed) v ' cr LEI v: Lirr: lii Title (printed) 0 W S I Weiland. Inc. Environmental at Engineering TURNPIKE MINING RESOURCE REGULAR 112 MINING PERMIT APPLICATION M-2004-009-AM-2 • Prepared by: Weiland, Inc PO Box 18087 Boulder, CO 80308 Prepared for Asphalt Specialties Co., Inc 10100 Dallas St Henderson, CO 80640-8491 July 20, 2012 PO BOX 18087. BOULDER. CO 80308 ph 303-443-9521 i • STATE OF COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources 1313 Sherman St.,Room 215 Denver,Colorado 80203 C O L O R A D O Phone:(3031866-3367 CONSTRUCTION MATERIALS DIVISION OF RECLAMATION FAX:(303)832-8106 REGULAR(112)OPERATION MINING RECLAMATION PERMIT APPLICATION FORM SAFETY IBill Ritter,Jr. CHECK ONE: ICJ There is a File Number Already Assigned to this Operation Governor Pet,-w,iL M -2OQHarris v Sherman If.� '9 -O0�(Please reference the file number currently assigned to this operatiou)ecurie Director New Application(Rule L4.5) _TEAmendment Application(Rule 1.10) Ronald w.Cottony sion Director Conversion Application(Rule I.11) Natural Resource Trustee Permit# M 2O31- QI1 -Ljprovide for Amendments and Conversions of existing permits) The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts: (1)the application form;(2)Exhibits A-S,Addendum 1,any sections of Exhibit 6.5 (Geotechnical Stability Exhibit;and(3)the application fee. When you submit your application, be sure to include one(1) complete signed and notarized ORIGLNAL and one (1) copy of the completed application form,two(2)copies of Exhibits A-S,Addendum 1,appropriate sections of 6.5(Geotechnical Stability Exhibit,and a check for the application fee described under Section(4)below. Exhibits should NOT be bound or in a 3-ring binder;maps should be folded to 8 1/2"X 11"or 8 1/2"X 14"size. To expedite processing,please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly,in the space provided,ALL information requested below. �_ 1. Applicant/operator or company name(name to be used on permit): r"f�.'c. 4cd he ,Trre. 1.1 Type of organization(corporation,partnership,etc.): � 2. Operation name(pit,mine or site name): —VI 11112;1<e M1 1?lf? 3. Permitted acreage(new or existing sitel: 215.4 permitted acres 3.1 Change in acreage(+) acres 3.2 Total acreage in Permit area 075,4 acres 4. Fees: 4.1 New Application $2,496.00 application fee 4. New Quarry Application $3,342.00 quarry application 4.4 Amendment Fee $2,229.00 amendment fee . Conversion to 112 operation(set by statute) $2,696.00 conversion fee 5. Primary commoditie(s)to be mined: 541' _�1Y7 t' "Lj1�e 5.1 Incidental commoditie(s)to be mined: I._ - Ibs/Tons/vr 2. IbsiTonsiyr 3. lbs/Tons/yr 4. / lbs/Tons/vr 5. / lbs/Tons/vr 5.2 Anticipated end use of primary commoditie(s)to be mined: Wrc7C...es CA ei_i >re ___" Q?,r�, r 5.3 Anticipated end use of incidental commoditie(s)to be mined: N)A Office of Office of Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines 6. Name of owner of subsurface rights of affected land: —`" "1 tone c.lictrver \iC b r cv, LL if 2 or more owners, "refer to Exhibit O".7. Name of owner of surface of affected land: ✓7Q1IOrIe } uri j, L // re;,,,(>7 4-g� 8. Type of mining operation: N.�` Surface Underground l 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: VYeId PRINCIPAL MERIDIAN(check one): E 6th(Colorado) 10th(New Mexico) fl Ute SECTION(write number): S 01 TOWNSHIP(write number and check direction): I e f51< North South RANGE(write number and check direction): R [1 East ri „e t QUARTER SECTION(check one): _ sw QUARTER/QUARTER SECTION(check one): Ei NE NW LI sE-SW GENERAL DESCRIPTION:(the number of miles and direction from the nearest town and the approximate elevation): 3, 5 fAile5 NE. of-i60-7 ec V.rietcolortido at elev. 41X-{t. 10. Primary Mine Entrance Location(report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (N) 39° 44' 12.98" (W) 104° 59' 3.87" Latitude(N): deg 1C° min I sec 15 .75" (2 decimal places) Longitude(W): deg ID 41 `" min sec � (2 decimal places) OR Example: (N) 39.736910 (W) -104.98449° Latitude(N) (5 decimal places) Longitude(W) (5 decimal places) OR Universal Tranverse Mercator(UTM) Example: 201336.3 E NAD27 Zone 13 4398351.2 N UTM Datum(specify NAD27.NAD83 or WGS 84) Nad 83 Zone 13 Easting Northing -2 - 11. Correspondence Information: PPi_IC?NT/o?Ep ATQ? (name,address,and phor.e of name to be used on permit) Contact's Name: "Pa n 44+-4 r't Title: ire' 4ent Company Name: _An4� �tz�C�i QJP_ jr,_rZ'L. Sreet/P.O.Box: ti°LICAO° �p LLQ , '..�_--__---- . P.O.Box: City: t~ r*on State: Zip Ccde: Telephone Number: ( 03 )- Zs 4- 555 Fax Number: - 2EN- "7707 - -_ PERMITTLVG CONTACT (if different from applicant operator above) Contacts Name: ---P)6 Laird ileter Wety lQ Tide: to / ► G �eY � ��{, Company Name: Mpha r Q t✓GJ (1.0.14.!nod We !art, l r�c .----- -- Street,P.O.Box: 'See above!S2.�3'�A,�,G,t, 2(1 P.O.Box: City: gee ca ba to 1Limo rncnt1 t^O. State: 2 ( r)\LP. / C,D • _ Zip Code: cth t Telephone Number: ( ��- See above / 32-6A 51 Fax Number: ( )- ` e2 Cxbotle INSPECTION CONTACT Contact's Name: rU Title: 1--Ct iGt .-�— Company Name: fee above StreetiP.O.Box: P.O.Box City: if State: Zip Code: Telephone Number: ( - LI Fax Number: I ) - `' CC: STATE OR FEDERAL LANDOWNER(if any) Agency: _ N I A Street: — City: State: Zip Code: Telephone Number: ( ) - CC: STATE OR FEDERAL,LANDOWNER(if any) Agency: .._._ Suce:: City: State: Zip Code: Teie' cne Number: e -4- 12. Prima future(Post-mining)land use(check one2: LI Cropland(CR) I:IPastureland(PL) Ell General Agriculture(GA) fl Rangeland(RL) In Forestry(FR) Wildlife Habitat(WL) ElResidential(RS) fi Recreation(RC) Industrial/Commercial(IC) rDeveloped Water Resources(WR) I 1 Solid Waste Disposal(WD) 13. Prima r resent land use check one : (et)rrenb) m/n!: g „ i q sr-q.Iei r] Cropland(CR) Pastureland(PL) 1['L.'.11� General Agriculture(GA) In Rangeland(RL) Forestry(FR) Wildlife Habitat(WL) ■ Residential(RS) Recreation(RC) C Industrial/Commercial(IC) S1 Developed Water Resources(WR) L' 1 14. Method of Mining: Briefly explain mining method(e.g.truck/shovel): DrU Inl n)T1, o f i-Eli +-'rnck lice, and d)vestprcar-, vinoer hapljilt-to ¶tcx�K� poet. 15. On Site Processing: 1:4Crushing/Screening�'7rE 1 I 13.1 Briefly explain mining method(e.g.truck/shovel): roQge ./r n 7i is i n-Fitanr, I li n tree n;rig, nr Sart;ng. {{ List any designated chemicals or acid-producing materials to be used or stored within permit area: 1\1l A 16. Description of Amendment or Conversion: If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s). dorrkinjcctlon inFi2reqfouS ame.ndrnent and Technical "Relieiori -For mi ning with no e <17n.n Con c Fermi. area. b aleo -to incnr orate exc-efic, reservoir care rod-ion by-?rcclvo'E( hci1 e) into mac-larr cn Plan. Sub- c6Jertto UffYOJal, v.r;ll rerAfNe-rt�ew- ni r- are -laci\ l-i-C es C totrrt cfcrie)--rnm -perm± area- ond'or Surely reduef ion . - 5 - Mans and Exhibits: Two(2)complete,unbound application packages must be submitted. One complete application package consists ofa signed application form and the set of maps and exhibits referenced below as Exhibits A-S,Addendum I,and the Geotechnical Stability Exhibit. Each exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ease of reference. If separate documents are used as appendices,please reference these by name in the exhibit. With each of the two (2) signed application forms, you must submit a corresponding set of the maps and exhibits as described in the following references to Rule 6.4,6.5,and I.62(I)(b): EXHIBIT A Legal Description EXHIBIT B Index Map EXHIBIT C Pre-Mining and Mining Plan Map(s)of Affected Lands EXHIBIT D Mining Plan EXHIBIT E Reclamation Plan EXHIBIT F Reclamation Plan Map EXHIBIT Water Information EXHIBIT H Wildlife Information EXHIBIT I Soils Information EXHIBIT J Vegetation Information EXHIBIT K Climate Information EXHIBIT L Reclamation Costs EXHIBIT M Other Permits and Licenses EXHIBIT N Source of Legal Right-To-Enter EXHIBIT 0 Owners of Record of Affected Land(Surface Area)and Owners of Substance to be Mined EXHIBIT P Municipalities Within Two Miles EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Conservation District EXHIBIT R Proof of Filing with County Clerk or Recorder EXHIBIT S Permanent Man-Made Structures Rule I.6.21I)(b) ADDENDUM I -Notice Requirements(sample enclosed) Rule 6.5 Geotechnical Stability Exhibit(any required sections) The instructions for preparing Exhibits A-S, Addendum I, and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule 1.6.2(1)(b)ofthe Rules and Regulations. Ifyou have any questions on preparing the Exhibits or content ofthe 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 aou.as a perm ittee, should fully understand. These requirements are listed below. Please read and initial each requirement.in the space provided, to acknowledge that you understand your obligations. Ifyou do not understand these obligations then please contact this Office for a full explanation. r d I. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; -6 - 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information contained in the application or your permit misrepresent important material facts; '_... 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties,to you as permittee can result; C' :4(..,-- 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; 1 k— 5. It is your responsibility to notify the Office of any changes in your address or phone number; .,...A----- 6. Upon permit issuance and prior to beginning on-site mining activity,you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information (Rule 3.1.12): a. the name of the operator; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, c. the permit number. 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance. \ 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application,as well as with the provisions of the Act and the Construction Material Rules and Regulations in effect at the time the permit is issued. .3/4c.1 1t 9. Annually,on the anniversary date of permit issuance,you must submit an annual fee as specified by Statute, and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example,a permit with the anniversary date of July 1, 1995,the annual fee is for the period of July 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility. as the permittee,to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. w/A 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. - 8 - Certification: As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: I. To the best of my knowledge,all significant, valuable and permanent man-made structure(s) in existence at the time this application is filed,and located within 200 feet of the proposed affected area have been identified in this application (Section 34-32.5-115(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. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112,C.R.S, of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to section 34-32.5-123, C.R.S. Signed and dated this Illttiel day of May , 2©,2 . tc ICI O• C-. ✓ If Corporation Attest(Seal) Applicant/Operator or Company Name Signed: - �� Sp6Clf act 00 SigneCor/oia) � � � , IE. IQ Q CORD P t Secretary of Equysalent y: ORATE Title: �1ret idef-1-tt SEAL P Town/City/County Clerk 1992 / State of L;^ - ) \ t O _-��/ r �j ) ss. "-t ORAO County of lotus ) The foregoing instrument was acknowledged before me this /C liA_ day of V k a,' .�0/t_ by cup,t , l'/l f�Utt-1-- as %wSiclewf. .� - �i c • JENNIFER J CAIRESSBLIC TATE OFY , -COLORADO t 'tic3tary Public ems i_ ^G _ lly Commission expires: - SIGNATURES MUST BE IN BLUE INK You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a 6.4.1 Exhibit A— Legal Description The physical boundaries of the permit area have not changed since both the • original application and subsequent amendment (M-2004-009 and M-2004-009 AM-1), but the ownership interior to the permit area has changed: Spallone and Schafer Ventures, LLC Parcel ID numbers 131331200010, 131331400046, 131331201005, and 131331101002 Town of Erie Parcel ID numbers 131331101001, 131331101003, and 131331401004 All in Section 31, Township 2 North, Range 68 West, 6th PM, Weld County, Colorado - Turnpike Mining Resource M-2004-009-AM-2 Regular 112 Amendment 6.4.2 Exhibit B — Index Map Unchanged from original and amended permit M-2004-009 AM-1. Turnpike Mining Resource M-2004-009-AM-2 Regular 112 Amendment • . a. ,,., a e - ;1. `,, e. e I d� , , , , ___ „.. ., • �No . , a •,. G1 , . j o�,,, cy.rsya • - r — - 1 • A I TURNPIKE MINING RESOURCE o 77 . Iy'�• lUoo ' "ly — _Is • ` t' • „,• ��. ,u, U — — — — — JH, — __z 5H 52 F�nnil - — — — — —. — — — _ • �; ' 3.2 MILES TO I-25 I—► 7 • ZI a1 . i SITE ACCESS _._ — I • - • '� - I.. r . .. '4 I . . I I I I k . • r. ill I l Hil I,' t: rwl,�W a ita_n�. In g. SITE LOCATION MAP EXHIBIT B • $3Y Avenue 5,42„ 1"=2000' 'as. *m®®1 M 303-530.09., TURNPIKE MINING RESOURCE-M-2004-009-AM-2 USGS75'QUAfl ENE.CO �� WWW.we6nb.cmm SECTION 3112N.RNW 6.4.3 Exhibit C — Pre-Mining and Mining Plan Maps Exhibit C-1, the Pre-Mining Map is unchanged from original permit, M-2005-009. Exhibit C-2, the Mining Plan Map, has been changed to reflect this amendment request. Maps are located in pockets at the back of the text. Turnpike Mining Resource M-2004-009-AM-2 Regular 112 Amendment 6.4.4 Exhibit D - Mining Plan MINING METHODS All of the mining operation will be "dry" mined. Dewatering trenches will be dug around the perimeter of each mining cell and dewatered to Boulder Creek. Stripping and mining will incorporate conventional aggregate mining methods, including use of scrapers to strip overburden, backhoes and scrapers to mine sand and gravel, and haul trucks to move material onsite. This operation will mine and reclaim concurrently wherever and whenever possible. The permit area has been divided into mining cells. The general order of mining activities is given below and will generally follow the numeric sequence assigned to the cells, however unforeseen operational considerations may cause the order of mining to change. Stripping of overburden described below includes stripping of topsoil as well as overburden soils. Topsoil shall be segregated and stockpiled separately from overburden. EARTHMOVING Cell 1 Mining of Cell 1 has been completed. Following mining, the weathered shale bedrock was excavated to increase the reservoir storage volume. Approximately 631,000 yd3 of excavated shale has been stockpiled in Cell 2. Cell 2A Mining has been completed in the western half of Cell 2A. Overburden from the eastern half of Cell 2A will be stripped and stockpiled in the western half. Mining of the east half of Cell 2A will proceed to the east. See Exhibit C-2 Mine Plan, Sheet 2. Cell 2B Overburden from Cell 2B will be stripped and directly replaced in backfill areas of Cell 2A. Mining will generally proceed from west to east. See Exhibit C-2 Mine Plan, Sheet 2. Cell 2C Overburden from Cell 2C will be stripped from the western portion of the Cell (long narrow strip of land) and directly replaced in the backfill areas of Cell 28. The overburden from the eastern portion of Cell 2C will then be stripped and placed directly into the western portion (long narrow strip of land) backfill area. Mining will generally proceed from south to north. See Exhibit C-2 Mine Plan, Sheet 2. Turnpike Mining Resource M-2004-009-AM-2 Regular 112 Amendment 6.4.4 Exhibit D — Mining Plan Cell 3 Mining has been completed in the western half of Cell 3. Overburden will be striped from the eastern half of Cell 3 and placed in the western half of Cell 3. Mining will proceed from west to east. Cell 4 Prior to mining west of Boulder Creek, a low water crossing will be constructed to allow haul trucks to access Cells 4, 5 and 6. The design for the low-water crossing, utilizing large culverts, was approved by both the USACOE and the CDRMS in 2004 as part of the original approval for this permit. A report titled,"Turnpike Mining Resource Low Water Crossing Design Report" should be contained in the file for this permit. Prior to any mining activity below the water table west of the creek, a hydraulic barrier trench will be constructed as shown on Exhibit C-2 Mine Plan Map, Sheet 1 for the purpose of hydraulically isolating the Plumb & Dailey Ditch from dewatering operations. Hydraulic Barrier Trench Construction The hydraulic barrier trench is to be constructed during the non-irrigation season when the ditch does not typically run (November-March). The plan and detail for the trench are shown on Exhibit C-2 Mine Plan Map, Sheet 1. Construction of the hydraulic barrier trench is to be completed as follows: 1) Begin excavation of a trench approximately 4 ft wide on the northeast portion of the ditch (lowest point) as shown on Exhibit C-2 Mine Plan Map, Sheet 1 and work to the south. 2) During excavation of the trench, begin dewatering as soon as water is intercepted. Excavate a low point for water to drain and keep the excavation drained. 3) Excavate all sand and gravel into haul trucks and haul to processing. This will insure backfill does not get mixed with coarse gravel. 4) Place 40 mil PVC plastic liner into the bottom of trench as shown in the hydraulic barrier detail to create an anchor by wrapping around the ditch side of the keyway approximately 2 ft X 2ft X 2ft. Backfill keyway on both sides of the anchor with native overburden (ML-CL). Do not backfill with coarse materials. 5) Backfill both sides of the PVC liner equally as backfilling proceeds upward. Following construction of the hydraulic barrier trench, overburden will be stripped from Cell 4 and stockpiled in Cell 4 as shown in Exhibit C-2 Mine Plan Map, Sheet 1. As gravel extraction progresses in Cell 4, concurrent backfilling adjacent to oil and gas structures will occur no later than two weeks following excavation, as indicated on Exhibit C-2 Mine Plan Map, Sheet 1. Turnpike Mining Resource M-2004-009-AM-2 Regular 112 Amendment 6.44 Exhibit D — Mining Plan Cell 5 Prior to mining Cells 5 or 6, construction of the hydraulic barrier trench on the west side of the Plumb and Dailey Ditch will be completed as described in Hydraulic Barrier Trench Construction. Following mining of Cell 4, stripping will begin in Cell 5. Overburden from Cell 5 will be stripped and placed in Cell 4. See Exhibit C-2 Mine Plan Map, Sheet 1. Cell 6 Overburden from Cell 6 will be stripped and placed in Cell 5. Cell 6 is the last cell to be mined. Water Diversions and Impoundments Dewatering trenches will be dug at the toes of the pit slopes to facilitate dry mining. Water will be allowed to gravity feed to the west or east of the active mining areas where it will be pumped from a dug sump to Boulder Creek. According to prior approval by the CDRMS, a hydraulic barrier trench will be dug on both sides of the Plumb and Dailey Ditch, and lined with impermeable synthetic material. The hydraulic barrier will hydraulically isolate the Plumb & Dailey Ditch from the local water table and prevent the dewatering operation from affecting ditch flow. Size of Area to Be Worked at One Time Concurrent reclamation will minimize the area requiring reclamation at any one time. Typically, the largest area to be worked at one time will be less than 35 acres The largest volume of overburden/shale stockpiles that will occur at one time will be no more than approximately 800,000 yd3. Other stockpiles of saleable material will occur onsite beyond above and beyond the 800,000 yd3. Stabilization of Existing Shale Stockpiles ASCI is currently evaluating several suggested methodologies for stabilization of the currently existing shale stockpiles in Cell 2. These stockpiles will not be added to but will be reduced in size over the next several years. Following the Mining Plan text is a letter report from Dave Chenoweth at Chenoweth and Assoc. outlining several options. During the course of the amendment process, a chosen stabilization program will be determined and the reclamation bond will reflect this cost. Turnpike Mining Resource M-2004-009-AM-2 Regular 112 Amendment 6.4.4 Exhibit D — Mining Plan Table 6.4.4.1 - Mining Timetable in Sequence MINING CELL AREA APPROXIMATE TIME UNTIL [ACRES] COMPLETE Cell 1 85 complete Cell 2A 10 2 years Cell 2B 29 4 years Cell 2C 3 1 year Cell 3 4.5 1 year Cell 4 13 1.5 years Cell 5 9 1 Cell 6 1.5 2 Total 155 —12.5 years Nature of Deposit The overburden occurs at an average thickness of 3 ft east of Boulder Creek and an average of 5 ft west of Boulder Creek. The sand and gravel deposit occurs at an average thickness of 10 ft. The overburden is composed of an average 0.5 ft of loam followed by silty and clayey sand to sandy and silty clay. Underlying Stratum The sand and gravel is underlain by shale. Commodities The primary commodities are sand and gravel. There are no incidental commodities. Explosives No explosives will be used in the mining process. Turnpike Mining Resource M-2004-009-AM-2 Regular 112 Amendment Asphalt Specialties Turnpike Mine Site Highway 52, Erie,CO. Shale Piles Stabilization Prepared by: David R.Chenoweth Certified Professional Soil Scientist#25041 Chenoweth &Associates Environmental Consultants, LLC Site and Document Review I visited the site with Rob Laird of Asphalt Specialties on July 16, 2012. There are three(3)different shale piles at the Turnpike Mine site. Two of the piles are approximately 60 feet high and the other is shorter, but longer than the two higher piles. All of the shale piles are approximate angle of repose. Mr. Laird indicated that the biggest concern is wind erosion from the shale piles.There is a limited amount of weed growth present, consisting of Russian thistle(Salsola iberico)and Kochia weed (Kochia scoparia). These weed species are adapted to dry soil conditions due to their long tap root that allows soil moisture to be absorbed deep from the shale profile and their ability to establish on poor soils. Results from a composite soil sample were supplied to me by Mr. Laird. The soil test data indicate that the shale material should have some ability to support plant growth. The limiting factor of the shale material for desirable plant growth will be little or no soil structure for proper air and water exchange through the shale profile. There has not been any revegetation attempted on the shale piles to date. Site Stabilization Recommendations The life expectancy of the shale piles is 3 to 5 years.The shale will be used to fill future pit(s) after sand and gravel mining has been completed. Several different stabilization/revegetation techniques have been considered by myself(David Chenoweth) based upon past experiences in completing these same techniques for other clients and projects through our contracting company Western States Reclamation, Inc. The following is a brief description of the options considered. Option #1 Permanent Protection Option Hydroseed with a sterile triticale, apply 3500#/ac of Biotic Earth, and 2000#/ac of Sustane Organic Fertilizer.Apply 3500#/ac of Flexterra (Flexible Growth Material)for surface erosion protection. Option#2-Temporary Stabilization-No Soil Amendments Hydroseed with sterile triticale seed, and apply Guar Tackifier at 80 lbs/ac. • - , . ''i[il?I'`1�'lu Penman-if?. • Re%egelarioll and Erosion Control Planning•Soil Surveys and lriterpre.. ioi: Option#3 Temporary Stabilization with Soil Amendments Hydroseed with a sterile triticale, apply 1000 lbs/ac of Sustane Organic Fertilizer, apply 80 lbs/ac of Guar Tackifier. Option Evaluation Option#1 Option#1 would be considered a permanent stabilization option for beyond the life of the shale pile existence.The Flexterra would provide erosion protection of the shale piles for up to 18 months.The triticale would provide a cover crop similar to winter wheat. I feel that this is a cost prohibitive option for Asphalt Specialties given the cost of amending the shale to support plant growth, adding Flexterra to guarantee high level water erosion protection, and that permanent stabilization is not warranted. Option#2 Option #2 would be considered a temporary stabilization option. The Guar Tackifier should significantly reduce wind and water erosion until the triticale germinatesand establishes. As described in Option#1, the triticale would provide a cover crop for the life of the shale piles.There is some risk in trying to establish the triticale by not adding the Sustane Organic Fertilizer as a soil amendment to increase the chances of growth and establishment of the triticale. Option#3 Option#3 presents the same temporary stabilization option in addition to increasing the chances of triticale cover crop establishment by using Sustane Organic Fertilizer. Conclusions I feel the best option for Asphalt Specialties to pursue is Option#2 with the understanding that if the triticale does not establish successfully then another application of seed with Sustane Organic Fertilizer would need to be installed. Signed: David R. Chenoweth Certified Professional Soil Scientist#25041 President Chenoweth &Associates Environmental Consultants, LLC C 411 Colorado Analjtical , [lunfardr fir P i, II1C. Soil Nutrient Laboratory Report Lab No.: 120703027-02 Report To:Rob Laird Company:Asphalt Specialties Date Rec: 7/2/12 10100 Dallas St Reported: 7/13/12 Henderson CO 80640 Sample ID: PM Turnpike Shale Piles Composite Project: LaboratOry Results: Samule Ravin Low- -,.-.,Avs•--- - Nigh Field Texture(EST) Silt Loam pH (units) 7,9 *kk**************************** Salts (MMHOS/CM) 1.6 CEC Est. (MEQ/100G) 10.9 Lime (Qual.) Medium ***********k*k*******R******** Organic Matter(%) 1.0 ************* Organic N(lbs/acre) 30.8 *************** Sodium (meq/100g Soil) 0.43 ********* Available Nutrients loom) Nitrate Nitrogen 8.7 ******** Phosphorus 5.2 ***** Potassium 155.0 ********...***************** Calcium 1803.5 Magnesium 543.2 R*******k***********k***fifi R*********k*k******k Sulfur 149 8 k*******k**********kRk*fi**fi**fi***************k**** Boron 0.5 kkk Zinc 1.4 *k*fi*R**k****************k* Iron 13.4 *k*********k*R*fif****kkkfifi***k*******************k Manganese 3.5 Copper 1.2 ********R*kk**k***k***k Note: Average Values are for Colorado Soils Fert111 iendationS. General Landsc Nitrogen: 120 lbs/Acre Phosphorus-P2O5: 80 lbs/Acre Potassium-K2O: 0 lbs/Acre Sulfur SO4-S: 0 lbs/Acre Lime: 0 lbs/Acre *To convert recommendations to lbs/1000 sq.R.divide by 40. 1 Cottaien s 'j Split Nitrogen Recommendations 2 to 3 Times Throughout the Growing Season. 3 to 4 Cubic Yards/1000 sq.ft.of Low Salt Compost May Be Beneficial. 240 South Main Street. / Brighton, CO 80601-0507 / 303-659-2313 Mailing Address: P.O. Box 507 / Brighton. CO 80601-0507 / Fax: 303-659-2315 120703027 • 6.4.5 Exhibit E - Reclamation Plan Reclamation Summary The reclamation plan for Cell 1 is to construct an approximate 46-surface acre clay-lined reservoir in the central area with an area of elevated backfill on the eastern side of the cell. Reclamation for Celli has been completed. The reclamation plan for Cell 2 will be to backfill the entire cell to approximate historic grade with overburden and existing shale that has been stockpiled as shown in Exhibit C-2 Mine Plan Map, Sheet 2. The reclamation plans for Cells 3, 4, 5 and 6 will also be to backfill to historic grade. This can be achieved by utilizing overburden and natural fines left over from processing. The volume of gravel mined on the west side of Boulder creek will equal the volume of fines and overburden onsite, which will insure that reclamation will bring the property back to approximate historic grade. Reclamation of the pits will occur concurrently with mining whenever and wherever possible. The general order of reclamation activities is given below and will generally follow the numeric sequence assigned to the cells, however unforeseen operational considerations may cause the order of reclamation to change. Reclamation Plan Maps (Exhibit - F) are located in pockets at the back of the text. Concurrent Backfillinq Adjacent to Oil and Gas Structures Agreements between ASCI and the owners of oil and gas structures specify that mining can occur no closer than 75 ft from oil and gas well facilities as a temporary condition. ASCI will backfill areas adjacent to oil and gas wells as shown on Exhibit C-2, Mine Plan Maps. Backfilling adjacent to oil and gas structures to a radial distance of 200 ft will occur within two weeks following excavation near oil and gas structures. Backfillinq Cell 2A Stockpiled shale located in Cell 2B as well as overburden from Cell 2B will be used to backfill Cell 2A to approximate historic grade, Backfilling with overburden from Cell 2B will occur as direct replacement of overburden from the stripping process. Backfillinq Cell 2B Stockpiled shale located west of Cell 2A, shale located in Cell 2B, shale located in Cell 2C and overburden from Cell 2B will be used to backfill Cell 2B to approximate historic grade, Aside from the initial stripping, which will backfill Cell 2A, backfilling with overburden from Cell 2B will occur as direct replacement of overburden from the stripping process. Backfillinq of Cell 2C Stockpiled shale located in Cell 2B, shale stockpiled in Cell 2C and overburden from Cell 2C will be used to backfill Cell 2C to approximate historic grade. Aside from the initial stripping, which will backfill Cell 2A, backfilling with overburden Turnpike Mining Resource M-2004-009-AM-2 Regular 112 Amendment 6.4.5 Exhibit E — Reclamation Plan from Cell 2B will occur as direct replacement of overburden from the stripping process. Backfilling of Cell 3 Overburden from Cell 3 and natural fines left over from processing will be used to backfill Cell 3. Backfilling of Cell 4 Overburden from Cell 4, Cell 5 and natural fines left over from processing will be used to backfill Cell 4. Backfilling Cell 5 Overburden from Cell 4, Cell 5 and natural fines left over from processing will be used to backfill Cell 5. Cell 5 will be backfilled to approximate historic grade. Backfilling of an area shown on Exhibit F- Reclamation Plan, will be done during the non-irrigation season (November-March) for the purpose of construction of a pipe that will route a 3 cfs pending water right from west of Cell 5 to the Plumb and Dailey Ditch. The design and construction specification for a pipe was previously approved by CDRMS Backfilling of Cell 6 Overburden from Cell 6, Cell 5 and natural fines left over from processing will be used to backfill Cell 6. Surface Soil Replacement Final surface soil (overburden) replacement will begin following backfilling and rough-grading on each appropriate cell. Surface soil will be replaced to a minimum depth of 0.5 ft. A total of 158,914 yd3 will be replaced over approximately 197 acres. Interior haul roads will be ripped, graded, and surface soiled in preparation for revegetation. Seeding and Fertilizing Currently, shortgrass prairie is the dominant plant species. At present, the area is grazed all year around. Cover in the pasture is sparse all year as a result of the continuous grazing of cattle. The proposed seeding areas are shown on Exhibit F — Reclamation Plan Map. The recommended seeding method is by drill and seeding rates assume this method. The species composition of the seed mixture recommended for reclamation is shown in Table 6.4.5-4 below. Turnpike Mining Resource M-2004-009-AM-2 Regular 112 Amendment 6.4.5 Exhibit E — Reclamation Plan Table 6.4.5-4 Recommended Seed Mixture Species (Variety) Rate -pure live Native/ W/C seed(PLS) Introduced Season lbs/ac Thickspike wheatgrass 8.0 to 10.0 Native Cool (Critana) Sideoats grama (Vaughn) 5.0 to 7.0 Native Warm Switchgrass (Nebraska-28) 4.0 to 6.0 Native Warm Alfalfa (Nomad) 3.0 to 5.0 Introduced NA L TOTAL 20.0 to 28.0 Based on this seed mixture, an application rate of approximately 20.0 to 28.0 lbs PLS/ac will be used. Topsoil should be disked prior to seeding. It is recommended that fertilizer be utilized for reclamation. A standard application of fertilizer will be used and applied at a rate of 250 lbs/ac as shown in Table 6.4.5- 5. Table 6.4.5-5. Fertilizer Application Fertilizer Standard rate lbs/acre Diammonium phosphate (18-46-0) 250 (46-53% available P2O5 with 18-21% N) Fertilizer will not be used near the edge of the pond, since the possibility of nitrate contamination in the pond water exists. The total disturbed area to be seeded is approximately 138 acres. The total area to be fertilized is approximately 138 acres. Seeding and fertilizing will be completed after the overburden and topsoil is replaced, smoothed to conform to the existing topography and disked. Optimal periods of seeding are in the fall (after November 1st) or in the spring from late March up to April 30th. Mulching will not be completed as the quality soils and availability of water should facilitate the rapid establishment of perennial grasses. Following revegetation, weed management strategies will be implemented to facilitate and achieve native grassland. Years 1 thru 5 following revegetation will include an aggressive mowing program to prevent the growth and establishment of weeds, specifically, eight noxious weeds including: Canada thistle (Cirsium arvense), Dalmation toadflax (Linaria dalmatica), diffuse knapweed (Centaurea diffusa), leafy spurge (Euphorbia esula), musk thistle (Carduus nutans), Russian knapweed (Centaurea repens), spotted knapweed (Centaurea maculosa) and Yellow toadflax (Linaria vulgaris) as mandated by Colorado State Law (35- 5.5CRS1990, 1996). If needed, herbicide application will be applied as needed to further control these weeds. Herbicides will also be used to control salt cedar Turnpike Mining Resource M-2004-009-AM-2 Regular 112 Amendment 6.4.5 Exhibit E — Reclamation Plan (Tamarix spp.) if it becomes established in the reclaimed area. Table 6 presents recommended herbicides, application rate, and time of application for each of the 9 species. It may be necessary to replant treated areas. Table 6.4.5-6. Recommended Herbicide Application Table Weed Species Herbicide Application Rate Application Time Canada thistle Curtail 2-3 qt/ac October or 1 mo after last mowing Spring or fall, during rosette to bud Clopyralid 2/3- 1 pint/ac growth stages in spring Spring prebud to early bud growth 2,4-D llb ai/ac stages Spring prebud to early bud growth picloram llb ai/ac stages Dalmation toadflax picloram 0.5 - 1 lb ai/ac Fall picloram +2,4-D Pre-bloom or fall Spring rosette to early-bolt growth Diffuse knapweed Tordon 1 pint/ac stages Banvel/Vanquish/ Spring rosette to early-bolt growth Clarity + 2,4-D 0.5 + 1 qt/ac stages Spring rosette to early-bolt growth Curtail 2-3 qt/ac stages Spring rosette to early-bolt growth Transline 2/3 - 1 pint/ac stages Leafy spurge Tordon 1 qt/ac Fall 1 month after last mowing Tordon + 2,4-D 0.5 -0.75 + 1 qt/ac Fall 1 month after last mowing Vanquish/Clarity 1 qt/ac Fall 1 month after last mowing Musk thistle Curtail 0.25 lb ai/ac Spring 10-14 days before bolting dicamba 1 lb ai/ac Spring 10-14 days before bolting Fall, apply to rosettes when other plants picloram 0.25 lb ai/ac are dormant Fall on dormant plants, need to reseed Russian knapweed Curtail during following year picloram 1 lb ai/ac Anytime Spotted knapweed picloram 1 lb ai/ac Anytime dicamba or 2,4-D 1 lb ai/ac picloram or Yellow toadflax dicamba 1 lb ai/ac Spring during flowering Saltcedar imazapyr Late summer early fall foliar application imazapyr or triclopyr To resprouted stems Turnpike Mining Resource M-2004-009-AM-2 Regular 112 Amendment 6.4.5 Exhibit E - Reclamation Plan imazapyr or To perimeters of cut stems immediately triclopyr after cutting Sources: Colorado Natural Areas Program. 2000. Creating an Integrated Weed Management Plan. http://parks.state.co.us/cnap, and Colorado State University Cooperative Extension. No date. Weed Management for Small Rural Acreages. No. 3.106. http://www.ext.colostate.ed u/PUBS/Natres/03106.htm I Alternative Reclamation Plan For bonding purposes, an alternative reclamation plan would grade the 630,000 yd3 of stockpiled shale over the surface of the mining cells in Cell 2 following stripping and stockpiling of topsoil. The side slopes would be graded at 3:1 and would result in an increase in ground surface elevation of 8-9 ft. Topsoil would be placed over the top of the graded shale and revegetation would be established in the same manner as the primary reclamation plan. Turnpike Mining Resource M-2004-009-AM-2 Regular 112 Amendment Attachment E-1 — Design Calculations for 3 cfs Water Right Pipe Unchanged from original and amended permit M-2004-009 AM-1. Turnpike Mining Resource M-2004-009-AM-2 Regular 112 Amendment 6.4.7 Exhibit G —Water Information Past drilling and logging of holes on this property by others reveal that the top of the alluvial groundwater occurs at an average of 6-7 ft below natural ground surface. Shale, at an average depth of 16 feet on this site, defines the bottom of the alluvial aquifer. The mining operation is to be a dry operation, meaning that dewatering trenches will be constructed at the toes of the pit slopes to prevent accumulation of groundwater in the pit excavations. Water will flow through the dewatering trenches to sumps located at the lowest point of the trench, where pumps are to be set. The predicted maximum dewatering rate is 300-500 gallons per minute. Mine dewatering effluent will be pumped from discharge points to Boulder Creek. A complete search of all State Engineer's well records and a thorough search on the ground and with aerial photography have shown that no alluvial wells exist within 600 ft of the limits of mining. There are no nearby wells or significant bodies of water that are expected to be adversely impacted by the operational dewatering. Depletions to Boulder Creek will occur due to water taken with the mined product, usage for dust control (0.1 acre-feet/month), and evaporative loss. Impacts to Boulder Creek are addressed and compensated for by the Substitute Water Supply Plan. Replacement water will come from a fully consumable lease agreement with the City of Louisville via Coal Creek. Please refer to the Substitute Water Supply Plan (SSP) submitted to the State Engineer's Office for further detail. ASCI is in the process of updating the SSP to reflect the current mine plan. Backfilling of Cell 2 with shale may cause an increase in water table elevations to the east of the permit boundary. For the purpose of monitoring water levels prior to shale placement and following shale placement, monitor wells shall be installed. The locations of the wells are shown in Exhibits C-2 and F. With regard to the potential effects to water quality due to placement of shale in the alluvial aquifer, a TCLP (Toxicity Characteristic Leaching Procedure) for RCRA metals analysis was performed by Colorado Analytical Labs using EPA approved methods. The sample was composed of a composite of shale material from various sample points for each of the 3 stockpiles. Iron (1.15 mg/I), Lead (0.0023 mg/I) and Manganese (0.95 mg/I) were the only metals detected in the extract. Each of the detected metal concentrations is well below the leachate reference concentrations defined by the CDPHE Hazardous Materials and Waste Division. The analysis is contained herein. All of the Turnpike permit area is contained within the currently defined FEMA floodplain boundary of Boulder Creek. This floodplain boundary is currently undergoing a LOMR (Letter of Map Revision) process that will remove most of the area within the permit area that contains the shale stockpiles and would be elevated above the current grade if the Alternative Reclamation Plan were to be implemented. ASCI is participating in the LOMR process based on the Alternative Reclamation Plan possibility. Following is a letter written by the consultant working for ASCI and the Town of Erie outlining the current status of the LOMR process in the permit area. Turnpike Mining Resource M-2004-009-AM-2 Regular 112 Amendment OW • • .#4: Colorado AnaIljtiCal'*► (-1► Fir il r�ri.., . I1:l Analytical Results Report To:Rob Laird Task No: 120703027 Company:Asphalt Specialties Date Received 7/2/12 Reported: 7/13/12 10100 Dallas St Client PO: 78452 Henderson CO 80640 Client Project: Customer Sample ID PM Turnpike Shale Piles Composite Lab Number: 120703027-01 Sample DatelTime: 6/28/12 1:00 PM Matrix: TCLP Extract Test .:::.ii: . .._ i - • .- - - - -- - . ::.:ROsult: .: • : :T_Reportirtg Limlt I Method I Date Ana yzed I_`Analyzed By_] As Received Basis Total Solids 97.6% 0.1 SW-846 1311 7/3/12 DAH TCLP Extraction pH-Final 5.8 units 1 SW-846 1311 7/6/12 VDB pH-Initial 8.0 units 1 SW-846 1311 7/5/12 DAH TCLP Extraction Fluid 1 - SW-846 1311 7/5/12 DAH . TCLP Metals Aluminum <0.12 mglL in Extract 0.12 SW-846-6020 7/9/12 JDC Antimony <0.2 mg/L in Extract 0.2 SW-846-6020 7/9/12 JDC . Arsenic <0.012 mg/L in Extract 0.012 SW-846-6020 7/9/12 JDC Barium 0.310 mg/L in Extract 0.032 SW-846-6020 7/9/12 JDC Beryllium <0.01 mg/L in Extract 0.01 SW-846-6020 7/9/12 JDC Cadmium <0.0012 mg/L in Extract 0.0012 SW-846-6020 7/9/12 JDC Chromium <0.03 mg/L in Extract 0.03 SW-846-6020 7/9/12 JDC Cobalt <0.03 mg/L in Extract 0.03 SW-846-6020 7/9/12 JDC Iron 1.153 mg/L in Extract 0.05 SW-846-6020 7/9/12 JDC Lead 0.0023 mglL in Extract 0.0012 SW-846-6020 7/9/12 JDC Manganese 0.946 mg/Lin Extract 0.1 SW-846-6020 7/9/12 JDC Mercury <0.1 mg/L in Extract 0.1 SW-846 7471 7/9/12 JDC Nickel <0.11 mg/L in Extract 0.11 SW-846-6020 7/9/12 JDC Selenium <0.016 mglL in Extract 0.016 SW-846-6020 7/9/12 JDC Silver <0.0006 mg/L in Extract 0.0006 SW-846-6020 7/9/12 JDC Thallium <0.02 mglL in Extract 0.02 SW-846-6020 7/9/12 JDC Vanadium <0.12 mg/L in Extract 0.12 SW-846-6020 7/9/12 JDC Zinc <0.12 mg/L in Extract 0.12 SW-846-6020 7/9/12 JDC ASA-;u...:.,...-.S..,.A, ..,..P..: 7. .2.S.......:,E..,......A,...,....5.......,...A,,....... .,..S.,..S........ ,/'� �} S,<.. A.... . M. ... WI..X 1987. r• ! :1 I. • AQ-UTPA.S....T....,,M...x �U......C... .,S....U,..>. ... n.f......., .r£......r.S...,xr.na 1....f . . 't �.f+l� f�� N!"mot - Fox... 1:... .'C.,.....x.,S..U,..... r T.x........B......(TBBB•2.J...1998.SM W..,..,.PV S.x .......HN f V it" .,4 �" ._..- DATA APPROVED FOR RELEASE BY Page 1 of 1 240 South Main Street / Brighton, CO 80601-0507 / 303-659-2313 Mailing Address: P.O. Box 507 / Brighton, CO 80601-0507 / Fax: 303-659-2315 120703027 MARTIN / MARTIN CONSULTING ENGINEERS arn July 18,2012 Eric Scott Environmental Protection Specialist Division of Reclamation, Mining and Safety 1313 Sherman St.,Room 215 Denver,CO 80203 Re: Turnpike Sand and Gravel Mine Dear Mr. Scott, Martin/Martin has submitted a Letter of Map Revision(LOMR)to FEMA on behalf of the Town of Erie, for the reach of Boulder Creek,adjacent to the Erie Wastewater Treatment Plant and the Turnpike Mining Resource aggregate mining operation. The floodplain limits for this reach extend over a parcel annexed by Erie, and over unincorporated Weld County. The LOMR will re-define the floodplain based on detailed methods and will establish Base Flood Elevations. This letter is to inform you that Asphalt Specialties,Co., Inc. (ASCI)has been participating with our efforts on the LOMR application and indicated that they will continue to participate,to the extent required. At present,we are finalizing our floodplain analysis and are in the comment/response period with both FEMA and Weld County. As part of this process,the floodplain limits are being refined for the final submittal. Based on the present floodplain limits, the majority of the ASCI shale piles are out of the floodplain. Subsequent to the final floodplain determination,we have been asked by ASCI to review if the shale piles are in the floodplain,and if so, make a determination as to whether or not they impact the flooded area or Base Flood Elevation. We will report our determination to ASCI for use as part of the mine site planning efforts. Please feel free to call me if you have any questions on this matter. Sincerely, et," Mark Thornbrough, CFM, P.E. Associate 12499 WEST COLFAX • LAKEWOOD, COLORADO S0215 • 303-431-51 00 6.4.8 Exhibit H —Wildlife Information The wildlife exhibit is unchanged from the original and amended permit, M-2004- 009 AM-1 Turnpike Mining Resource M-2004-009-AM-2 Regular 112 Amendment 6.4.9 Exhibit I - Soils Information The soils Information is unchanged from the original and amended permit, M- 2004-009 AM-1 Turnpike Mining Resource M-2004-009-AM-2 Regular 112 Amendment 6.4.10 Exhibit J —Vegetation Information Vegetation information is unchanged from the original and amended permit, M- 2004-009 AM-1. Turnpike Mining Resource M-2004-009-AM-2 Regular 112 Amendment 6.4.11 Exhibit K — Climate Climate Information is unchanged from the original and amended permit, M- 2004-009 AM-1. Turnpike Mining Resource M-2004-009-AM-2 Regular 112 Amendment 6.4.12 Exhibit L — Reclamation Costs Turnpike Mining Resource M-2004-009-AM-2 Regular 112 Amendment N O O N 0 0 0 00 V O O o O r V r r V O N O r Lf) O O O CD N c0 V M 0) r M M N- O CO r m) O O O o O O h r.: n O M aO (O O 6 W N 00 6 )[) 4.. O n N N O O CO N MOD )0 M I- N r V O O V ID y i0 r CO M O vt CO O) r r LO O N O) N- O) CO N r- 0 tO N O) aD N N N r c+) 0) ioj co' N co L(j V N- V CD" U co O) too to (A fA (A (A CO EA I- r co M 7 cD )0 EA � n ea so so r co (A to a) so r so so (A (A y o V o r- r o 0 co r co c0 „ or LO O) ON CO r O o H O O) r r 0 M W M CO Cr; CO M O ° r 2 ik Q 10 CO 1- 0 0 0 CO CO O O CO 0 r. CO N CD O O CO M 7 0 0 CO Z y ON- so COO 10 O GS r M It) rr M m U (A )0 O S CO C S J SN S N a to H 0 y H 0 13 U w N e d m U m CO " " ON CO N C C Q �. T CU0 CD E 'O .c a= >.>. L U U ~ O Q O 2 o N Q L O N O J a EL �\ UV W Q 'o -o K a) oo m o C J N L O o o N a u N ~ U ° C -co E co m CO O ❑ w w a) '� 2 0 E "' v c ° 00 0 > n E X t o o m o U U p -o W ° CD N a 0 0 a m (c) w LL 0 _. Z. o 0 d > 2 < U p p w 2 v C o o) m 5 C Uow C O ° .w. O c m o .![ TO I� w N O Los' W Sc cp. \ ' w — U U C CO w ,- 2 < ca ° J a 3 ec 0 0 o U o ° E O C 0 -° ._ m 0 W E N a ~ r U () a 2 -0 0 a a U LL N 0 .° a C TErb" ° Lm arcD x -i w o -o op mom. Sc E > U o U N 0 0 > 2 w O a o a c m C O 0 0 0 c o m d 0 ❑ > 3 o x >, U p ° oCD o ° 0 3 a m o a o m H y z w ° c m o M ` Ca O J a' M a) H < c c O .cc` C Y CO w a r mm co v N m d i5 CD N m ° w u, ❑ O Q ` oc� y O m c m o @ a w o o o w a 1°. o 0 To o F = m ° o 0 c) a) I- U H ❑ W 2 0 K �i X 0 0 H U CC D a -, a H 0 W EC w LLI o E r N CO V )0 CO D... OD O r a > r N M '7 r N m a 2 O O = 3 -- ? W 6.4.13 Exhibit M — Other permits and Licenses Unchanged from the original and amended permit, M-2004-009 AM-1. Turnpike Mining Resource M-2004-009-AM-2 Regular 112 Amendment 6.4.14 Exhibit N — Legal Right to Enter The legal right to enter the property/permit area has changed from both the original and amended permit M-2004-009 AM-1. See following. Turnpike Mining Resource M-2004-009-AM-2 Regular 112 Amendment APPLICANT'S INTEREST IN THE PROPERTY AND LEGAL RIGHT TO ENTER The Applicant, Asphalt Specialties Co., Inc. is granted the legal right by the property owner to amend permits, specifically a DRMS permit M-2004-009, to mine sand and gravel and recycle products on the property owned in fee simple and as set out below. We certify that Asphalt Specialties Co., Inc. is the Applicant for the Turnpike Mining Resource and has our permissions, as Managers of Spallone and Schafer Ventures, LLC , as owner of the property, to amend the mining permits on the property as certified below: Weld County Parcel ID: 131331200010, 131331400046, 131331201005,131331101002 Section 31,Township 2 North,Range 68 West,6th PMWe1d County,Colorado SPALLONE & SCHAFER VENTURES, LLC, a Colorado Limited Liability Company By: Leo— Spallone, Manager Bal Spallone, Manager 47,Iith J: fe , Man er Signed and sworn to me thisj4.°1 - day of , 2012, by Louis Spallone, as Manager, Bal Spallone, as Manager, and Timothy J. chafer, as Manager of Spallone and Schafer Ventures, LLC, a Colorado Limited Liability Company. ACKNOWLEDGEMENTS STATE OF COLORADO ) ss. COUNTY OF RcoMcI6Z b ) Witness my hand and official seal . Not blic BARBARA J WALLOCH NOTARY PUBLIC My Commission Expires STATE OF COLORADO My Casenieekn Win at24/2015 J APPLICANT'S INTEREST IN THE PROPERTY The Applicant, Asphalt Specialties Co., Inc. is granted the legal right by the property owner to amend permits, specifically a DRMS permit M-2004-009, to access sand and gravel mining on adjacent properties through property owned in fee simple and as set out below. We are advised that Asphalt Specialties Co., Inc. is the Applicant for the Turnpike Mining Resource and has my permission, as Town Administrator of the Town of Erie, as owner of the property, to amend the mining permits on the properties as certified below: Weld County Parcel ID: 131331101001, 131331101003 and 131331401004 Section 31,Township 2 North,Range 68 West,6th PM Weld County, Colorado TOWN OF ERIE, a Colorado municipal corporation By: L. .J. Kri r, Town Administrator • ACKNOWLEDGEMENTS STATE OF COLORADO ) ) ss. ' COUNTY OF WELD ) Signed and sworn to me this .'92` day of �1LL , 2012, by A.J. Krieger, as Town Administrator Town of Erie, a Colorado municipal corporation. ••t W cis my hand arid:of ial seal Q„ - q (13 otary Public y); •-:�,9 IA/XL4/4441, ortt'e /61,x/1/ y Commission Expires 6.4.15 Exhibit O— Owners of Record Owners of Record have changed from the original and amended permit M-2004- . 009 AM-1 to now consist of: Spallone and Schafer Ventures, LLC 4 Garden Center, Suite 200 Broomfield, CO 80020 Town of Erie 645 Holbrook St. PO Box 750 Erie, CO 80516 (See Exhibit "N" for legal right to enter) Turnpike Mining Resource M-2004-009-AM-2 Regular 112 Amendment 6.4.16 Exhibit P— Municipalities Within Two Miles Municipalities within two miles have changed from the original and amended permit M-2004-009 AM-1 to also now include: Town of Frederick 401 Locust St. Frederick, CO 80530 Turnpike Mining Resource M-2004-009-AM-2 Regular 112 Amendment 6.4.17 Exhibit Q- Proof of Notice to County Commissioners and Soil Conservation Turnpike Mining Resource M-2004-009-AM-2 Regular 112 Amendment From: 07/19/2012 08:42 4113 P.001 /001 _ Jul 18 2012 7: 1SAM HP LASERJET FAX 303-652-8788 p. 2 AFFIDAVIT OF RECEIPT State of Colorado County of Weld BEFO ,a representative of the Longmont Conservation District,on this /9 day of ,20 /a,!did receive a copy of"Notice of Filing Application for Col do M' ed Land Reclamation Permit for Regular(112) Construction Materials Extraction Operation Turnpike Mining Resource". Signature /1✓arl / f7-nQ6i,, Name(p • ted) /Y fljntcorrt L eYtgsee_aa cn /7;s t.. kiwi et Rtle (printed) Certification: • I, 17 IBC 1 YT� ,hereby certify that I posted a sign containing the above notice for the proposed permit area mown as the (Name of Operation) TumPaC�gM ��g on (Date Posted) �' %C.' r Olc''— �' _ �a�� f�/ /�' Z("%/G- SIGNATURE D Td E/ 1� 'v.. a u. Fn FS3 `� t4. *• a . b • ay ilia..41 r4; �1,�t a fig t a " to a r za $19�ea aie�ixa�ii a aay) AF L 5> S� ifCr' a $ a # R. ,� aAi 1 I f�{a sap� s c a] p•il°ff a ,a k did Va a $$l a .. 2 �' qtr tYa6 a -a2 �lq b a' Aa 1 1 `4 3a ri i ., to '. eXairo - Z !N `S X a a ariFa SS ti - � 6.4.18 Exhibit R— Proof of Filing with County Clerk and Recorder Turnpike Mining Resource M-2004-009-AM-2 Regular 112 Amendment 6.4.1 Exhibit S— Permanent Man Made Structures Permanent Structures within 200 ft The following structures have been located on Exhibit C-2, the Mine Plan (Sheets 1 and 2) and corresponding numbers can be found on the sheets or in the legend. 1. FOUNDATION ENERGY OIL & GAS WELL - CINQUE 6-31 la. FOUNDATION ENERGY FLOW LINE SERVICING WELL CINQUE 6-31 2. RESIDENTIAL STRUCTURE, BAUER 3. NOBLE ENERGY OIL & GAS WELL - ARMSTEAD 9-31 3a. NOBLE ENERGY FLOW LINE SERVICING WELL ARMSTEAD 9-31 3b. NOBLE ENERGY TANKS SERVICING WELL ARMSTEAD 9-31 3c. NOBLE ENERGY SEPERATOR SERVICING WELL ARMSTEAD 9-31 4. NOBLE ENERGY OIL & GAS WELL - ARMSTEAD 8-31 4a. NOBLE ENERGY FLOW LINE SERVICING WELL ARMSTEAD 8-31 4b. NOBLE ENERGY SEPERATOR SERVICING WELL ARMSTEAD 8-31 4.c NOBLE ENERGY TANKS SERVICING WELL ARMSTEAD 8-31 5. RESIDENTIAL STRUCTURE & OUTBUILDINGS, TIMMRECK 6. LEFT HAND WATER DISTRICT WATER MAIN 7. RESIDENTIAL STRUCTURE & OUTBUILDINGS, QUINN 8. ENCANA 6" HIGH PRESSURE GAS 9. ANADARKO 6" HIGH PRESSURE GAS 10.UNDERGROUND ELECTRIC, UNITED POWER 11.FOUNDATION ENERGY OIL & GAS WELL - CINQUE 5 12.FOUNDATION ENERGY FLOW LINE SERVICING WELL - CINQUE 5 13. PLUMB AND DAILEY DITCH Turnpike Mining Resource M-2004-009-AM-2 Regular 112 Amendment 6.4.1 Exhibit S— Permanent Man Made Structures 14. OVERHEAD ELECTRIC, UNITED POWER 15. UNDERGROUND ELECTRIC, UNITED POWER 16. NOBLE ENERGY OIL & GAS STORAGE TANK 17. NOBLE ENERGY OIL & GAS STORAGE TANK 18. ANADARKO OIL & GAS STORAGE TANKS 19. FOUNDATION ENERGY OIL & GAS WELL - CINQUE 3 20. ANADARKO 6" HIGH PRESSURE GAS LINE 21. TOWN OF ERIE 36" SANITARY SEWER MAIN 22. TOWN OF ERIE REUSE WATER LINE 23. TOWN OF ERIE POTABLE WATER LINE 24. STATE HIGHWAY 52 - CDOT 25. OVERHEAD POWER LINES - UNITED POWER The setbacks and backfilling plans identified on Exhibits C-2 and F for oil and gas operations are based on those plans agreed upon in a Surface Use Agreement executed by ASCI and the Oil & Gas operators. A Geotechnical Slope Stability Report was previously submitted, in which safe setbacks for mining from permanent man-made structures were identified. All setbacks shown on Exhibits C-2 and F are greater than or equal to setbacks identified in the Geotechnical Slope Stability Report as safe. Turnpike Mining Resource M-2004-009-AM-2 Regular 112 Amendment LARGE MAPS AVAILABLE FOR VIEWING AT THE CLERK TO THE BOARD'S OFFICE, IN THE PUBLIC REVIEW FILE . Hello