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Home My WebLink About20111181 APPENDIX C • STATE RECLAMATION PLAN PACKET • 41 2011-11,31 STATE OF COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY apartment of Natural Resources W313 Sherman St.,Room 215 Weld County Planning Department COLORADO Denver,Colorado 80203 GREELEY OFFICE DIVISION O F Phone:(303)866-3567 RECLAMATION FAX: (303)832-8106 ;.,iv1 7 6 7(1111 MINING &— RECEIVED SAFETY Bill Ritter,tr. Governor Notice of 112 Construction Materials Harris D.Sherman Executive Director Reclamation Permit Amendment Application Consideration Ronald W.Cattany Division Director Natural Resource Trustee DATE: January 25,2010 TO: Monica Mika-Daniels Weld County Planning Department Planning Director 918 10th St Greeley, CO 80631 FROM: Eric C. Scott, Environmenta Protection Specialist .RE: L.G. Everist, Inc., Firestone Gravel Resource, Permit No. M-1996-052 Please be advised that on January 22, 2010, L.G. Everist, Inc., whose address and telephone number are 7321 E 88th Ave., Suite 200 , Henderson, CO 80640; (303) 287-4656, filed an Amendment application to M-1996-052, Firestone Gravel Resource, which is located at or near Section 32, Township 3N, Range 67W, 06th Prime Meridian, in Weld County. The application decision is scheduled for April 22, 2010. A copy of the application is available for review, unless you receive a CD, at the Weld County Clerk& Recorder's office and at the office of the Division of Reclamation, Mining and Safety, Room 215, 1313 Sherman Street, Denver, Colorado 80203. If you desire to make comments or objections of the mine plan and/or the reclamation plan, they must be submitted within twenty (20)days of the date of the last newspaper public notice to be considered in the application review process by the Division. You should contact the applicant for the newspaper publication date. If we do not receive your comments or any objection by the end of the public comment period, the Office will assume you have no objection or comment to the proposed activity. • Office of Office of Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines • L.G. EVERIST, INC. , SAND ROCK FIRESTONE GRAVEL RESOURCE - M-1996-052 WELD COUNTY, COLORADO Regular 112 permit - Amendment January 2010 Amendment to an Application for a Mined Land Reclamation Board Construction Materials Permit PREPARED BY • ENVIRONMENT, INC. 7985 VANCE DR., SUITE 205A ARVADA, CO 80003 (303)423-7297 STATE OF COLORADO • DIVISION OF RECLAMATION,MINING AND SAFETY Department ci Natural Resources 1313 Shemin St.,Room 215 Denver,Colorado 80203 CO1.O R A D O Phone:(3031866-3567 CONSTRUCTION MATERIALS DIVISION OF RECLAMATION FAX:(303)632.8106 REGULAR(112)OPERATION MINING RECLAMATION PERMIT APPLICATION FORM SA TY Rill Ritter,Jr. CHECK ONE: ❑ There is a File Number Already Assigned to this Operation Governor Harris D.Sherman PerffM (Please reference the file number currently assigned to this operatioalecusve Director New Application(Rule 1.4.5) _ElAmendment Application(Rule 1.10) Ronan w caltany ta Drvlsion Director Conversion Application(Rule 1.11) Natur'l Resource Trustee Permit# M -1996 052 (provide for Amendments and Conversions of existing permits) The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts:(1)the application form;(2)Exhibits A-S,Addendum 1,any sections of Exhibit 6.5(Geotechnical Stability Exhibit;and(3)the application fee. When you submit your application,be sure to include one(1)complete signed and notarized ORIGINAL and one(I)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,AIL information requested below. 1. Applicant/operator or company name(name to be used on permit): L.G. Everist, Incorporated 1.t Type of organization(corporation,partnership.etc.): Corporation 2. Operation name(pit,mine or site name): Firestone Gravel Resource 3. Permitted acreage(new or existing site): 106'29 permitted acres 3.1 Change in acreage(-) 261.41 acres 3.2 Total acreage in Permit area 366.70 acres 4. Fees: 4.1 New Application $2,696.00 application fee 4.2 New Quarry Application $3,342.00 quarry application 4.4 Amendment Fee $2,229.00 amendment fee 4.5 Conversion to 112 operation(set by statute) $2,696.00 conversion fee 5. Primary commoditie(s)to be mined: Gravel Sand 5.1 incidental commoditie(s)to be mined: I. - lbs/Tons/vr 2. lbs/fons/yr 3. / lbs/Tons/vr 4. / lbsitonslvr 5. / Ibs/Ions/yr 5.2 Anticipated end use of primary commoditie(s)to be mined: Specification aggregates and fill 5.3 Anticipated end use of incidental commodities)to be mined: • Office of Office of Active an d Land Reclamation Denver • Grand Junction • Durango inactive Mines -2- • 6. Name of owner of subsurface rights of affected land: L.G. Everist, Incorporated If 2 or more owners,"refer to Exhibit O". 7. Name of owner of surface of affected land: L Everist, Incorporated 8. Type of minintt operation: Surface .._. Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN(check one): Ca 6th(Colorado) .D 10th(New Mexico) © Ute • SECTION(write number): S 32 TOWNSHIP(write number and check direction): T 3 North a South RANGE(write number and check direction): R 67 a East I- I West QUARTER SECTION(check one): Q INW D —��- SW QU ARTER/QUARTER SECTION(check one): n NE �NW SE SW GENERAL DESCRIPTION:(the number of miles and direction from the nearest town and the approximate elevation): Approximately 4.7 miles northeast of downtown Firestone, CO. Approx. Elevation 4810 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): dcg 40 min 10 sec 41 26 (2 decimal places) Longitude(W): deg 104 min 55 sec 23 _51 (2 decimal places) OR Example: (N) 39.73691° (W) -104.98449° Latitude(N) (5 decimal places) Longitude(W) (5 decimal places) OR Universal Tranverse Mercator(UTM) Example: 201336.3 E NAD27 Zone 13 4398351.2 N UTM Datum(specify NAD27,NAD83 or WGS 84) WGS 84 Zone 13 'lasting Northing • -3 - • 1 I. Correspondence Information: APPLICANT/OPERA'T'OR (name,address,and phone of name to be used on permit) Contact's Name: Dennis L. Fields Title: Vice President Company Name: L.G. Everist, Inc. Street/P.O.Box: 7321 E 88th Ave., Suite 200 P.O.Box: City: Henderson State: CO 'Lip Code: 80640 Telephone Number: (303 ). 287-4656 Fax Number: (303 )_ 289-1348 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Steve O'Brian Title: President Company Name: Environment, Inc Street/P.O. Box: 7985 Vance Dr.#205A P.O. Box: City: Arvada State: CO Zip Code: 80003 Telephone Number: (303 )- 423-7297 Fax Number: (303 )_ 423-7599 INSPECTION CONTACT • Contact's Name: Lynn M. Shults Title: Regulatory Manager Company Name: L.G. Everist, Inc. Street/P.O. Box: 7321 E 88th Ave., Suite 200 P.O. Box: City: Henderson State: CO 'Lip Code: 80640 Telephone Number: (303 )_ 286-2247 Fax Number: (303 )_ 289-1348 CC: STATE OR FEDERAL LANDOWNER(if any) Agency: Street: City: State: Zip Code: Telephone Number: ( )- CC: STATE OR FEDERAL LANDOWNER(if any) Agency: Street: City: State: Zip Code: • Telephone Number: ( )- -4 - • 12. Prima future(Post-mining)land use(check one): LI Cropland(CR) 11 Pastureland(PL) r General Agriculture(GA) El Rangeland(RL) _ElForestry(FR) Wildlife Habitat(WL) t l Rcsidential(RS) Ft Recreation(RC) Industrial/Commercial(IC) riDeveloped Water Resources(WR) I] Solid Waste Disposal(WD) 13. Primary present land use(check one : El Cropland(CR) Pastureland(PL) General Agriculture(GA) El Rangeland(RL) Forestry(FR) Wildlife Habitat(WL) Residential(RS)a_ Recreation(RC) Industrial/Commercial(IC) Developed Water Resources(WR) 14. Method of Mining: Briefly explain mining method(e.g.truck/sbovel): Dozer and front end loaders remove material and load to conveyor for hauling to processing plant. 15. On Site Processing: Crushing/Screening 13.1 Briefly explain mining method(e.g.truck/shovel): Material is processed into specification aggregates using crushers, and screen plants • List any designated chemicals or acid-producing materials to be used or stored within permit area: None 16. Description of Amendment or Conversion: If you arc amending or converting an existing operation,provide a brief narrative describing the proposed change(s). This amendment adds 261.41 acres to the permit area. The mining methods do not change. The reclamation plan is changed to develop the area as ponds and range land. The reclamation • methods do not change and the primary access remains as currently approved. This • amendment increases the reserves of gravel in the mine and the life of the mine. III • -5- Mays and Exhibits: Two(2)complete,unbound application packages must be submitted. One complete application package consists of a signed application form and the set of maps and exhibits referenced below as Exhibits A-S,Addendum 1,and the Geotechnical Stability Exhibit. Each exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ease of reference. If separate documents are used as appendices,please reference these by name in the exhibit. With each of the two(2)signed application forms,you must submit a corresponding set of the maps and exhibits as described in the following references to Rule 6.4,6.5,and 1.6.2(IXb): EXHIBIT A Legal Description EXHIBl7'B Index Map EXHIBIT C Pre-Mining and Mining Plan Map(s)of Affected Lands EXHIBIT D Mining Plan LXIIlllfl'E Reclamation Plan EXHIBIT F Reclamation Plan Map EXHIBIT(.i Water information EXHIBIT 11 Wildlile Information EXI IIBFI'I Soils Information EXHIBIT J Vegetation Information EXHIBIT K Climate lnlbrmation EXHIBIT L Reclamation Costs • EXHIBIT M Other Permits and Licenses EXHIBIT N Source of Legal Right-To-Enter EXHIBIT O Owners of Record of Affected Land(Surface Area)and Owners of Substance to be Mined EXHIBIT P Municipalities Within Iwo Miles EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Conservation District EXH K Proof of Filing with County Clerk or Recorder EXHIBIT S Permanent Man-Made Structures Rule 1.6.2(l)(b) ADDENDUM I - Notice Requirements(sample enclosed) Rule 6.5 Geotechnical Stability Exhibit(any required sections) The instructions for preparing Exhibits A-S,Addendum I,and Geotechnical Stability Exhibit arc specified under Rule 6.4 and 6.5 and Rule 1.6.2(1)(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 303466-3567. Responsibilities as a Permittee: Upon application approval and permit issuance,this application becomes a legally binding document. Therefore,there are a number of important requirements which you,as a permittee, should fully understand. These requirements are listed below. Please read and initial each requirement,in the space provided,to acknowledge that you understand your obligations. If you do not understand these obligations then please contact this Office for a full explanation. 1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; • � -6- -D4 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; ✓ ; -r 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; -f- 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; -t 5. It is your responsibility to notify the Office of any changes in your address or phone number; 1 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. 9. Annually,on the anniversary date of permit issuance,you must submit an annual fee as specified by Statute, and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date(if there arc changes from the previous year), any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example,a permit with the anniversary date ofJuly 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. NA 1U. For joint venture/partnership gperators:the signing representative is authorized to sign this document and a power of attorney(provided by the partner(s)) authorizing the signature of the representative is attached to this application. • -7 • NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions,changes,and deletions to this document prior to final decision by the Office. Therefore,if you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what changes may have been made to the application document. The Office is not allowed to consider comments,unless they arc written,and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process,you may contact the Office at(303)866-3567. • • • -8- Certification: As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1. To the best of my knowledge,all significant,valuable and permanent man-made 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 34-32.5-1I2,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 tke operator to cease and desist orders and civil penalties for operating without a permit pursuant tosection 34-32.S-123,C.R.S. // Signed and dated this (0 day of . ANVUJ t( , ow 0 . • L.G. Everist, Incorporated If Corporation Attest(Seal) Applicant/Operator or Company Name • geke er.,-P Signed: .._ �Al.,,,.,..„....-.._, ��c.c--�`� � Signed: eta, (,., . Corporate Secretary or Equivalent Title: Vice President I Town/City/County Clerk State of 1 P l.--r> 'ANIJ4 ) , )ss. County of P,tL ) The foregoing instrument was acknowledged before me this (*Q day of J AdU uAey , az9Oby Dennis L. Fields as Vice President of L.G. £verist. Incorporated Zftic-frept4 H T LYNN MAYER SHULTS S Notary iblic NOTARY PUBLIC STATE OF COLORADO My Commission expires:O( —4.,Zoi3 ` STATE SIGNATURES MUST BE IN BLUE INK • You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a TABLE OF CONTENTS • Exhibit A - LEGAL DESCRIPTION 1 Exhibit B -VICINITY MAP 2 Exhibit C - PRE MINING MAP (Map Pocket) 3 Exhibit C-1 - MINING PLAN MAP (Map Pocket) 3 Exhibit F - RECLAMATION PLAN MAP (Map Pocket) 3 Exhibit D - MINING PLAN AND TIMETABLE 4 Exhibit E - RECLAMATION PLAN AND TIMETABLE 7 Figure E-1- COLOR RECLAMATION MAP 12 Exhibit G -WATER INFORMATION (no change) 13 Exhibit H - WILDLIFE INFORMATION (no change) 14 Exhibit I/J - SOILS &VEGETATION 14 Exhibit K - CLIMATE (no change) 20 Exhibit L - RECLAMATION COSTS 21 Exhibit M - OTHER PERMIT AND LICENSES 22 Exhibit N - SOURCE OF LEGAL RIGHT TO ENTER 23 Exhibit O - OWNERS OF RECORD 24 Exhibit P - MUNICIPALITIES WITHIN TWO MILES 26 Exhibit Q - NOTICES AND PROOF OF MAILING BOARD OF COUNTY AND • LOCAL SOIL CONSERVATION BOARD 27 Exhibit R - CLERK AND RECORDERS NOTICE AND PROOF OF MAILING 29 Exhibit S - PERMANENT MAN-MADE STRUCTURES 30 SAMPLE LETTER FOR STRUCTURE AGREEMENTS 31 PUBLIC NOTICE 32 POSTED NOTICE CERTIFICATION 33 SIGNED STRUCTURE AGREEMENTS 34 PERMIT TRANSMITTAL 36 D.R.M.S. COMPLETE LETTER 37 RESPONSE TO ADEQUACY #1 38 ADDITIONAL SIGNED STRUCTURE AGREEMENTS 87 SINCLAIR GASLINE AGREEMENT 92 NARCO (Kerr-McGee) OIL & GAS AGREEMENTS 99 ADDITIONAL SIGNED STRUCTURE AGREEMENTS 108 STATE ADEQUACY REVIEW LETTER #1 112 RESPONSE TO ADEQUACY #2 128 REVISED MAP EXHIBIT C 134 RECLAMATION PLAN ADDENDUM AND MAPS 140 LINER PROJECT MANUAL 147 • STATE ADEQUACY REVIEW LETTER #2 179 STATE AMENDMENT APPROVAL LETTER 183 Exhibit A LEGAL DESCRIPTION EXISTING PERMIT Parts of the NE11SW4, SW4SW''a, NW4NW'-, NE4NW4, SE'4NW4 and SW14NW14 of Section 32, Township 3 North, Range 67 West, 6th P.M. , Weld County, Colorado, containing 105.29 ac. permit area NEW AREA The SW'NNE'I, NW4SE1 , & SE14SW14 and Parts of the NWANEl41, SW14SEI1, NE14SW , SW'4SW'I, and SE'4NW14, of Section 32, Township 3 North, Range 67 West, 6th P.M. , Weld County, Colorado, containing 261 . 41 acres ±. Total permit area 366.70 acres ±. Mine Entrance: 40°10' 41.26"N, 104°55'23.51"W WGS84 s • 1 ....19v 1. t n� l�� / t , ,,,, ,, ;/1 ~ ,fit � �y o,�� Ural + =1.�_ Z . : -"l � - .eso A :. • i + / 87 y r \� I / / )A f=� V O V� T- f �./.. _ �8� ., , a � , X 28 u / 29 go. ..' T9s wu 0]93 eeI( 1 o / r� t . . .- r 4799 4E 0 4799 4(1-9-\ /� ( V ' c' _„<-� \ / �,4 t Vrain Bch v--'.'1 Oi' / - -,,,: ' T Dl1f 32 o 31 tsa' 4809 ; r �) 0yo ,\ r 9 _Ca 8°77°M • fi bo BM .- - _ - liar. oe/7 _ _ �) 48, o t 4 Magnetic Declination -'"° r . eft • 1 I _1- . 6 ° V- I ' Z _ 1I ii ? i • Name; GOWANDA Location: 040° 11'08.58" N 104°54 55.69"W WGS84 Date:2/25/2009 Scale: 1 inch equals 2000 feet LG Everist, Inc. -Firestone Gravel Resource Map Exhibit 8-Vicinity Map Copyright(C)2008.MyTopo :7/ . / ( I � i:• �/ 1' �� M III 1 ,-:: /� i / N,,,/ ~/ ." 1' F (� /9 A /L /// // / ,a 1\1,1 l,: 1 �� . 5o / ' � / � y </ Yj / ,rrri 0 / /t / .3 0, / / y // ,' ` 1 /.�, / --- // /Jt % I . __ L _ i / J/1//:,/ �� __.. �_ ,I • Ii /X/1 r _---- i ! ./f ��,- S t // C i �,, tr yy 1 �°.n.m..�. 1W EXHIBIT C _ __ LEGEND j:-, r —_ a.,.� m L.G. EVERIST, INC. - U°E.. "' FIRESTONE GRAVEL RESOURCE - PRE-MINING MAP I• I r O�O E .—"°a..o..a Lo au a„67 NY..„. ,_" Pi _._ _ - _- ..� r''" ' "arvr 54nc_ .... .Po A°. I at, o / �� il TO JAL A%A 209/A[2 ti ' -- 0 A xl 7"x1 . 'fl //// s _ • i i p , / / { ra„L'.AL. :77 34 A 2 1 r I J bbA .��_ '...--*--2.. • MAP EXHIBIT C-I Na L.G. EVERIST, INC. LEGENDE N D n E m,mi _____' ,n<. FIRESTONE GRAVEL _— ,., G;//;I ,,,,,a, SCALE I °° RESOURCE • a�w,�L,.° °° ,n.o.. OVERBURDEN.LL° MINING PLAN MAP /°, 'LW"' < _- ¢,j""'oinanox w uwrw NLv W.+nt P.'LWi ',Enna m£NVIRONYENT. I h C 20. • - if V r - I,, 1 1 i AA l '� ill % may/ i �r� ��I� d I 'I i N/1,/////:* 1' /// D Yy10B 70 a �/ l -dill ff `' ;III j k �` ��/ /�I F'17 i / i A.2 1 28.49 a " Vi,// 11 i, / / 1 41 it /// H i r i ':/// i/ dpi , • I / / / 5 I /tI/ / S / P / / � X11 x / //� 1, %/// / / ( I%/ 44/1512 uc. I I J NAP EXHIBIT P LEGEND K L.G. EVERIST, INC. _ _ FIRESTONE GRAVEL �--- ";-..,u RESOURCE """` DRAFT REC PLAN 2 • ON AL F ML ,(F,m'. O Exhibit D MINING PLAN Unless specifically discussed below, the methods described and approved in the original permit application, mining and reclamation plans will remain unchanged. , This will remain a dry mining opera- tion. MAP EXHIBIT C shows the current permit area and the area being added to the permit. There are no changes to the mining method as approved in the 1996 permit. The primary reason for this amendment is to add approximately 261 . 44 acres to the permit area. We will also be redesigning the final lake configuration to maximize gravel removal from the permit area. In addition, we are removing all reference to a phased operation since the area will be operated as a single stage with a limited disturbance area. Reclamation will run con- current with mining to control the amount of disturbed area in the mine at any one time. The current bond is $49, 450 and a new reclamation cost esti- mate is presented on page 13 in Exhibit L for the plan changes proposed in the following text. The permit is currently on the third year of a Temporary Cessation and there is no plan to restart mining the site in the short term. The following text explains the changes to the mining plan as proposed in this amendment. The area numbering listed in the revised Mining and Reclama- tion Timetables are there to explain the areas within the mine and not necessarily the direction or timing of mining. In general, we propose that mining will commence in the southwest part of the mine to excavate the south end of Area 1, then move to Area 4 to create area for settling ponds. We would then commence in Area 3 and work clock wise to the north, east, and southwest around the permit area. The last area to be mined will be the Plant Site area on the north end of Area 1 and the south end of Area 2 . This proposed mining sequence may change due to unforeseen circumstances such as market conditions, variations in the natural deposit, agreement restrictions with structure owners, etc. Of the 366. 70 acres in this amendment, the old permit area covers 105 .29 acres ± and the new area is 261 . 44 acres ±. Mining will resume in Area 1 to create settling ponds that will be used for the life of the mine. Area 4 may also be used as settling pond area. The exterior slopes around these areas will be left near vertical since backfilling will take place as the ponds are filled with processing fines leaving no slopes in this area. The material from Area 1 and Area 4 will be stockpiled in the Plant Site area on the southern end of Area 2 and processed as needed. We estimate mining will begin in the new area within 3 years after mining resumes . MAP EXHIBIT C-1 -MINING PLAN shows the approximate direction of • mining as it progresses across the site. The methods described in the original permit will be used in the expansion area. The ap- proved plan calls for having no more than 30 . 00 acres ± disturbed 4 MINING PLAN EXHIBIT D(coNT) • at any one time. This will be increased to 100 acres ± to allow for more flexibility during mining. This 100 acre area will in- cluded stripped, partially mined, partially reclaimed and future lake areas . As mining progresses across the property some parts of the property will remain undisturbed while other areas will be either stripped, mined, partially reclaimed or totally reclaimed. The MINING PLAN MAP -EXHIBIT C-1 shows how the area will look when approx- imately 23% of Area 5 is mined. Note how the final slopes around the perimeter of the lakes in the reclaimed Areas are complete, how the some of the side slopes in the active area are complete and only the working face area needs shaping, if mining ended at this time. In any given area a dewatering trench will be excavated inside the mining setbacks, pumps will be installed and dewatering will commence. The active mining area will remain dry until reclamation • is complete. Adequate topsoil will be salvaged and stockpiled around the excavation area for use in reclamation. These stock- piles will move with mining and in some cases the stripped topsoil will be placed on areas where grading and shaping are complete so it only has to be handled once. The 2 to 3 feet of overburden found on the site will be stockpiled around the mining areas simi- lar to topsoil stockpiling. It will be blended with the under- laying shale and used to create the exterior slopes around the excavated areas. The stockpiles of reclamation material will move as mining progresses to keep it as close to the final use area as possible. This will reduce the haul distances needed to replace it around the excavated area during reclamation. 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 800 feet long. If mining ended prema- turely this slope will be reclaimed using a cut/fill sloping method instead of backfilling. As mining reaches a setback, backfilling will commence almost immediately so as to leave a 3: 1 slope along the mine exterior, oil and gas facilities and the ditches . We expect to have no more than 800 linear feet of area needing back- filling 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 40 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 a 80 foot radius around each well head, but leave a 150 foot radius when reclamation is complete. The MINING PLAN MAP shows how this will look. Around the rest of the mine the setback line will be the top of the excavation limits. The temporarily topsoil stockpiles within the setbacks will also limit noise and visual impacts to off site areas. The setbacks 5 MINING PLAN EXHIBIT D(CONY) 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 disturbed. • The mine will be dewatered and the material will be mined using loaders to remove material from the face. The material will then be delivered to the Plant for processing using haul trucks or a conveyor system. In addition to gravel processing and sales we anticipate installing a concrete batch plant facility, a concrete casting facility an asphalt batch plant facility and a concrete/asphalt recycling plant in the Plant Site area sometime in the future. The plants will be removed once mining ends. Located in the southeast corner of the mine is Area B. This area will not be mined but may be used for material storage, equip- ment parking or other uses associated with mining operations. If it is disturbed the topsoil will be salvaged from the disturbed area and used to reclaim the area when mining ends. It -will be reclaimed using the methods described in the Reclamation Plan. The arrows on EXHIBIT C-1 -MINING PLAN MAP show how we will prog- ress thru the mine area. We estimate by adding the new area the life of the mine will be extended from 31 to 40 years . • 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. MINING TIMETABLE ACRES I AREA* YEARS TOTAL MINED MISC (1.E. AREA SETEACES AND::..::.. • UNDISTURBED, ETC.) Area 1 1-2 14.61 9.31 5. 30 Ares 2 2-4 34.89 I 29.67 5.22 Area 3 12-14 ( 120. 90 111.14 9.76 Area 4 L 1-3 18.96 15.15 3.81 Area 5 15-17 159.89 144.15 15.74 Area 3 31-40 I 17.45 0.00 17.45 TOTALS 31-40 1 366.70 " 309.42 ! 57.28 * areas are only used to explain the mining areas,not the direction or timing of • the mining operations. 6 Exhibit E RECLAMATION PLAN s Unless specifically discussed below, the reclamation methods described and approved in the approved permit application, will remain unchanged. The following text explains the changes to the reclamation plan as proposed in this amendment. Reclamation will run concurrent with mining as the site is developed to reduce the amount of reclamation required at any one time. Currently, the mine site is primarily irrigated agricultural land. The area is broken into 4 different uses as follows . Please refer to the VEGETATION MAP in Exhibit I/J for the location of each area described. The current uses area mining area, irrigated grass hay areas, irrigated pasture, non-irrigated pasture and irrigated crop area. These uses will continue as mining progresses until an area is taken out of agricultural production. Only the non irrigated pasture has native vegetation present. The other areas have been farmed for many years and vegetation cover on those ares is consistent with farmed areas . The Vegetation typical descriptions in Exhibit I/J will not match these agricultural use areas. The RECLAMATION PLAN MAP shows the sloping plan and areas that will be revegetated for each lake area in this plan. Figure E-1 following the Reclamation Timeta- ble is a color rendition of the reclamation plan showing the various final land forms on the Reclamation Plan Map. The current post mining land uses are listed as ponds, native vegetation and wildlife habitat. We are changing this plan to pond areas surrounded by rangeland. 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. 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. PROPOSED SEED MIX Species Lbs. PLS/Acre Western Wheatgrass (Aribba) 5.00 Big B1ves;.e:i (Camp) 2.5C Blue Grama (Rachita) 0.60 Switchgrass (Blackwell) 1.75 TOTALS 9.$5 The reclamation timetable shows the types and amount of land in each area when reclamation is complete. Approximately 10% of • the area in the permit will not be disturbed by mining, either because it is in setbacks around well facilities and gaslines, 7 RECLAMATION PLAN EXHIBIT E(cont) • along the ditches or areas that will be kept in their natural state. As mining progresses the perimeter slopes will be backfilled and graded at or near 3h to lv as discussed in the MINING PLAN. This will insure that when mining ceases only a minor amount of work will have to be done to finish reclamation in the disturbed area. The placement of the soil stockpiles around the set- back/perimeter of the mined area or replacing it on a finished slope as it is removed is designed to minimize the effect of mid- plan stoppage. This will place the 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 366.70 acres ± in the mined area, only 53. 44 acres ± or approximately 15% will need resoiling and revegetation. Observations at the site show that topsoil on the property has a salvageable depth of 6 to 9 inches, averaging 8 inches except in isolated locations. There appears to be more than adequate soils to meet the demand for this site. Setback ID areas will not be stripped, so only the disturbed setbacks and slopes to the lake perimeter will be resoiled. A graveled area will be left around each gas/oil well where no seeding or resoiling will take place. This will provide room around each well to service it as needed by the well owners. Some inert fill (as defined in Colorado Department Public Health and Environment regulations) will be imported for reclama- tion purposes. On-site generated inert material will be used for bank sloping, buried in bank areas around the lakes or will be recycled. An intent to import letter and an Inert Materials Affidavit is included in this application packet to address the importation of material to the mine. Existing soils in place have been capable of producing a fairly dense cover of irrigated grasses and should be suitable for reclaiming the above water areas as rangeland. 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 reserve will be present for establishment of the proposed seed mixture. No irrigation will be used during reclamation since the • plan is to establish a vegetation cover that is not dependent on irrigation to survive. 8 RECLAMATION PLAN EXHIBIT E (cont) • 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, ponds or rangeland; the remainder of the area will retain its present drainage pattern. The RECLAMATION PLAN MAP shows how the area will be reclaimed. Some imported fill material may be used to facilitate reclamation, this material may consist of broken concrete or other materials suitable for that purpose. This material will be "Inert Material" as defined by the Colorado Department of Public Health and Environment. The pit will be reclaimed so that a suitable grade for drainage exists, all surface runoff will be directed into the ponds 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 applicable laws. The storage tanks will be surrounded by a berm or secondary containment such as storing the tank in a larger metal container adequate to retain any fluid should a tank rupture. In addition, there is adequate absorbent materials on site to contain any spills that would occur. The operator does not expect prevailing hydrologic condi- tions to be disturbed. We 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 surrounding areas and to the quality of water in surface and ground-water systems both during • and after the mining operation and during reclamation. In addition, the operator expects to comply with applicable Federal 9 RECLAMATION PLAN EXHIBIT E(cont) • and Colorado water quality laws and regulations. Any water used in the operation of the processing plants and gravel pit will come from water owned by L.G. Everist, Inc. or purchased from an outside agency suitable for that use. EXHIBITG contains specific information concerning impacts and uses of water at this mining operation. This is not a dredge facility, so there are no temporary siltation structures involved in this operation and no mining will be done within the confines of the river. If a U.S. Army Corps of Engineers Permit is required for mining in waters of the U.S. or wetlands on the site it will be obtained prior to dis- turbing 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 take into account the safety and protection of wildlife remaining on the site, and along all roads within the site. The mining and reclamation plans consider existing wildlife use of the site and final reclamation will enhance the area for 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 Crested 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. We will take measures necessary to insure the stability of the replaced topsoil on graded slopes and ensuring that it is spread as evenly a possible. Fertilizer and other soil amendments will be used, only if needed, in accordance with NRCS recommendations. Reclamation will begin once enough area has been opened so that any reclamation completed will not be disturbed as mining progresses . This may take 1 or more years depending on the economic conditions in the area and the amount of material mined. • By the time mining is completed 75 to 90% of the total mined land will be reclaimed. As mining ends in each lake area, only 10 RECLAMATION PLAN EXHIBIT E (cont) • backfilling, grading and shaping of the final mined slopes and resoiling of the areas above water will be needed. The proposed seed mix will be planted during the next planting season after resoiling is complete. This will probably be by the end of the second fall after mining is completed. The area will be moni- tored 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 revege- tated 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 the actual mining progresses thru the site. AREA YEARS REVEGS": :..AREA .. 'CATION . .=DTSTUR88�; • • gr0j.' Area 1 3-5 14.61 0.00 E 9.31 0.00 5.30 Area 2 3-5 34.89 23.38 ; 5.02 1.27 5.22 Area 3 3-5 120.90 101.25 8. 16 1.73 9.76 Area 4 3-5 18. 96 0.00 :4.29 0.86 3.81 Area 5 3-5 159.89 128.86 10.90 4.39 13.74 Area B 3-5 17.45 0.00 17.45 0.00 0.00 TOTALS I [ 366.70 253.49 65.13 8.25 I 37.83 11 L L . G . EVERIST , INC FIGURE E - I FIRESTONE GRAVEL RESOURCE — '• '•,f67 ,•—•.•—. ..... .. • i Ii �'p i / 1 �.e' I i e,e* I I ,i• �,i i I •� • i I ,i•�• i i •�• i I e• i f• i I I ....so.... . . s••' . I I . ♦`�i I ,..o I I ,i . I wl,e I I „ • •♦. Seep I I • • I I 'I. I • I I ; ,s , I i I. I I I I Si a I . ♦`'� /4I li i' j li li ' I I I., i I ;lif ` ♦. ,♦ `.ems. .a.a'a.i._.a.�._.a.a.a.—.a.mill?ha.I. .a.a.as a. --- - -- rrMIW.IMBIlr.l �+.. 'i--- AFFECTED LANDS/PERMIT LINE LAKE AREA DC"S' 2009 ,3 " 36 - - - DITCH • REVEGETATED ROADS & GRAVELED AREAS NON MINING RECLAIMED AREA NOTE: NON COLORED AREA ARE SETBACKS. DITCH AREAS, PIPELINE ROW'S AND UNDISTURBED AREAS THAT NEED NO RECLAMATION. Exhibit G WATER INFORMATION S There is no change to the baseline water information pre- sented from 1995. The water discussion at that time address the needs, uses and surrounding conditions for the general area and will apply to the expansion of the mining area. The original report notes a series of wetlands adjacent to the east side of the old permit area near the old railroad bed. During our investigation of the site we contacted a wetland specialist and they determined these wet areas were non-jurisdic- tional wetlands resulting from an accumulation of seasonal irrigation tail water from surrounding fields. Therefore no 404 permit is needed to mine them. The Pre-Mining Plan Map shows a seep ditch traversing the property for west to east between the Last Chance Ditch and the Side Hill Ditch. This seep ditch is owned by L.G. Everist and is used to catch surface runoff and irrigation seepage from up gradient areas to the south. This ditch will be removed during mining in Area 4 . If at any time it is determined a 404 permit is needed for these activities it will be obtained from the US Army Corps of Engineers prior to disturbing the areas in ques- tion. • 13 Exhibit H -WILDLIFE INFORMATION • This information is unchanged. The new mine and old mine are adjacent and had similar uses prior to mining. Exhibit I/J - SOILS & VEGETATION The following information is presented to supplement the information from the original submittal. We have revised the soils map submitted in 1995 to show the new area. The original soils information covers all but one soil type in the new area. A separate vegetation map is supplied to show the various types of agricultural activities on the site at this time. • 4111 14 • USDA United States A product of the National Cooperative Soil Survey, Custom Soil Resource Department of Agriculture a joint effort of the United Report for 4/ \ States Department of \ CS Agriculture and other Weld County, Federal agencies, State Natural agencies including the Colorado �� Resources Agncultural Experiment Conservation Stations, and local Service participants Southern Part Firestone Gravel Resource Soil Map The soil map section includes the soil map for the defined area of interest,a list of sod map units on the map and extent of each map unit, and cartographic symbols • displayed on the map. Map Unit Legend (Firestone) I Weld County,Colorado,Southern Part(CO618) PAO.Wi It Symbol I Map Unit Name ( Acres in AO1 Percent of AO1 1 Altvan loam,0 to 1 percent 135/ 38 3'F, slopes 3 Aquolls and Aquents gravelly 83.3 `-'r 7'4. substratum 27 Heldl silty day, Ito 3 percent 110.3 28 87.. slopes 41 Nunn clay loam,0 to 1 percent 18.4 4.3% slopes 72 Vona Loamy sand.0 to 3 percent 0.0 0.0% slopes 73 Vona loamy sand.3 to 5 percent 34.0 8,9% slopes Totals for Area of Interest IAOI1 383.3 1 0.U,a 0 Custom Soil Resource Report • Soil Map (Firestone) r I 11 7..e.- ' - A- I II 1 li . ir -• • 1 s • i , 27 4 , j _ r 0 . I I \ �/ U • i O I1 I r 1 yZ e 3 i' A. y } s t f.7441# 11.1� r 1 r _-gym . _. . �_ __ _ .�_ � .- � - , s. i `eset i 41 \1/4 �f 1 . 1 t C .1 / 4 _ .1\ / , :A 0 100 200 e , . Q 500 1000 0 41—Nunn day loam, 0 to 6 percent slopes. This deep, well drained soil is on slightly dissected plains and stream terraces. It formed in calcareous loamy alluvium. • Typically, the surface layer is grayish brown clay loam 8 inches thick. The subsoil is clay loam 14 inches thick. The substratum to a depth of 60 inches or more is calcareous clay loam. In some areas the surface layer is loam. Included in this unit are small areas of Avar fine sandy loam and Manzanola clay loam. Permeability of this Nunn soil is slow. Available water capacity is high. Effective rooting depth is 60 inches or more. Runoff is medium, and the hazard of water erosion is slight to moderate. The hazard of soil blowing is slight. This unit is used as rangeland and nonirrigated cropland. Winter wheat is the main crop. The potential plant community on this unit is mainly blue grama, western wheatgrass, green needlegrass, and buffalograss. The average annual production of air-dry vegetation ranges from 400 to 1,200 pounds. If the range is overgrazed, the proportion of preferred forage plants decreases and the proportion of less preferred forage plants increases. Therefore, livestock grazing should be managed so that the desired balance of preferred species is maintained in the plant community. • Range seeding is suitable if the range is in poor condition. The plants selected for seeding should meet the seasonal requirements of livestock or wildlife, or both. Other management practices that are suitable for use on this unit are proper range use, deferred grazing, and rotation grazing. If the plant cover is disturbed, protection from erosion is needed. Loss of the surface layer results in a severe decrease in productivity and in the potential of the soil to produce plants suitable for grazing. This unit is well suited to winter wheat, barley, oats, and sorghum. The fine texture of the surface layer limits the crops that can be grown on this unit. Because precipitation is not sufficient for annual cropping, a cropping system that includes small grain and summer fallow is most suitable. Precipitation usually is too low for crops on this unit to make efficient use of fertilizer. Maintaining crop residue on or near the surface reduces runoff, reduces soil blowing, and helps to maintain soil tilth and organic matter content. Stubble- mulch farming, striperopping, and minimum tillage help to control erosion and conserve moisture. Terraces reduce runoff and the risk of erosion and help to conserve moisture. • This unit is well suited to windbreaks and environmental plantings. Supplemental irrigation may be needed when planting and during dry periods. This map unit is in capability subclass IVe, nonirrigated, and in Clayey Plains range site. NUNN SERIES • The Nunn series consists of very deep,well drained soils that formed in loess and mixed alluvium.Nunn soils are on terraces or alluvial fans,and in drainageways. Slopes range from 0 to 25 percent.The mean annual precipitation is about 14 inches and the mean annual air temperature is about 48 degrees F. TAXONOMIC CLASS: Fine,smectitic,mesic Aridic Argiustolls TYPICAL PEDON:Nunn clay loam-grassland. (Colors are for dry soil unless otherwise noted) A--0 to 6 inches;grayish brown(10YR 5/2)clay loam,very dark grayish brown(I0YR 3/2)moist;moderate medium granular structure;soft, very friable;neutral(pH 7.2);clear smooth boundary.(4 to 8 inches thick) BA--6 to 10 inches;grayish brown(10YR 5/2)clay loam,very dark grayish brown(10YR 3/2)moist;weak medium prismatic structure parting to moderate medium subangular blocky;hard,very friable,sticky and plastic;few faint clay films on faces of peds;neutral(pH 7.2);clear smooth boundary.(0 to 6 inches thick) Bt--10 to 24 inches;pale brown(I0YR 6/3)clay loam,brown(10YR 4/3)moist;moderate medium and coarse prismatic structure parting to moderate medium subangular blocky;very hard,firm,very sticky and very plastic; many distinct clay films on faces of peds; slightly alkaline(pH 7.6);clear smooth boundary.(6 to 24 inches thick) • Btk--24 to 29 inches; pale brown(10YR 6/3)clay loam,brown(10YR 5/3)moist; weak medium subangular blocky structure;very hard,firm,very plastic;few faint clay films on faces of peds; visible calcium carbonate occurring as small concretions;strongly effervescent;moderately alkaline(pH 8.0);gradual smooth boundary.(0 to 10 inches thick) BkI--29 to 47 inches; light yellowish brown(10YR 6/4)clay loam,dark yellowish brown(10YR 4/4)moist; massive;very hard,firm,sticky and plastic; visible calcium carbonate occurring as concretions,thin seams and streaks;strongly effervescent; moderately alkaline(pH 8.2);gradual smooth boundary.(6 to 20 inches thick) Bk2-47 to 60 inches;light yellowish brown(2.5Y 6/3)clay loam,light olive brown(2.5Y 5/3)moist; massive;very hard,firm,sticky and plastic; some visible calcium carbonate but less than in the horizon above;slightly effervescent;moderately alkaline(pH 8.2). TYPE LOCATION: Larirner County,Colorado; 1 mile east and 1/2 mile south of the Harmony School near the east 1/4 corner of Sec.5,T.6 N.,R.68 W. RANGE IN CHARACTERISTICS: Mean annual soil temperature at depth of 20 inches is 47 to 54 degrees F,and mean summer temperature is 59 to 79 degrees F. The mollic epipedon is 7 to 19 inches thick,depth to lime is 10 to 30 inches,and the solum is 16 to 46 inches thick. Organic carbon in the mollic epipedon ranges from.8 to 3 percent.The soil is typically 90 to 100 percent base-saturated. Rock fragments are typically less than 5 percent and range from 0 to 15 percent.The soil temperature at depth of 20 inches is 41 degrees F or wanner for about 200 to 240 days.The soils are moist in some part of the moisture control section for about 56 to 152 days while the soil temperature is 41 degrees For above. • The A horizon has hue of 5Y to 7.5YR,value of 4 or 5,2 or 3 moist,and chroma of Ito 3. Usually it has granular or crumb structure but the structure is subangular blocky in some pedons.This horizon is soft or slightly hard. It is slightly acid to slightly alkaline. The Bt horizon has hue of SY to 7.5YR,value of 3 to 7,2 to 6 moist,and chroma of 2 to 5. It is typically clay, silty clay loam or clay loam and has 35 to 50 percent clay, 15 to 45 percent silt,and 15 to 45 percent sand with more than 15 percent,being fine sand or coarser.Some pedons have sandy clay loam textures in the lower parts of the argillic layer,however,the weighted clay average is greater than 35 percent in the control section.It is slightly acid to moderately alkaline.CEC of the Bt horizon ranges from 60 to 90 millequivalents per 100 grams of clay. The Bk or C horizon has hue of 5Y to 7.5YR,value of 5 to 7,4 to 6 moist,and chroma of 2 to 4.They are typically clay loam with more than 28 percent clay,however,where the C horizon has less than 28 percent clay it contains more than 15 percent fine or coarser sand and has a texture of sandy clay loam,loam or sandy loam.These horizons are slightly alkaline to strongly alkaline and have 4 to 15 percent calcium carbonate equivalent. COMPETING SERIES:These are Ashfork,Bethune,Blackpipe,Boneek,Boquillas,Chapin,Collbran, Collide,Emigrant,Huggins,Kube,Leyden,Loma.Nuncho,Querc,Rednun,Richfield,Ryus,Savo,Showlow, Standley,Thunderbird,Weld and Wonnser series.Ashfork,Bethune,Chapin,Thunderbird and Wormser soils have lithic contact at depths of 20 to 40 inches.Blackpipe,Boquillas, Emigrant,Huggins,Leyden and Querc soils have paraiithic contact at depths of 20 to 40 inches.Boneek,Kube, Richfield,Savo and Weld soils have less than 15 percent fine sand or coarser in the Bt horizon. Collbran,Collide,Loma and Rednun soils have hues redder than 7.5YR in the Bt. Ryus soils are calcareous throughout. Showlow soils have a calcic horizon. Standley soils have greater than [5 percent coarse fragments in the Bt horizon.The Nuncho soils have soil temperatures at 20 inches that are greater than 41 degrees F. for less than 200 days. • GEOGRAPHIC SETTING: The Nunn soils are on terraces or alluvial fans,or in drainageways. Slope gradients range from 0 to 25 percent.The soils formed in mixed alluvium. At the type location the average annual precipitation is 13 inches, 9 inches of which falls during the months of April through September.Mean annual air temperature is 47 to 53 degrees F,and an average summer temperature is 67 degrees F.The frost-free period is 120 to 210 days. GEOGRAPHICALLY ASSOCIATED SOILS: These are the competing Weld soils and the Fort Collins, Platner and Satanta soils. Fort Collins and Satanta soils have less than 35 percent clay in the Bt horizon. Plainer soils have an abrupt textural boundary between the A and B horizons. DRAINAGE AND PERMEABILITY: Well drained;negligible to very high runoff depending on slope; moderately slow or slow permeability. Some small areas are seasonally wet due to seepage from irrigation. USE AND VEGETATION: A large percentage of the Nunn soils are now under irrigation where they are used for alfalfa,sugar beets,potatoes,small grains,corn and truck crops. Some dryland areas are cropped principally to winter wheat. Native vegetation is blue grama,buffalograss,needlegrass and wheatgrass. DISTRIBUTION AND EXTENT: Eastern Colorado, southeastern Montana and southeastern Wyoming.The series is of large extent. MLRA OFFICE RESPONSIBLE: Bismarck,North Dakota SERIES ESTABLISHED:The Greeley Area,Colorado, 1929. REMARKS: Diagnostic horizons and features recognized in this pedon are:mollic epipedon-the zone from the surface of the soil to a depth of 10 inches(A and BA horizons); argillic horizon-the zone from 10 to 29 inches(Bt and Btk horizons). EXHIBIT K - CLIMATE This information is unchanged. • • 20 EXHIBIT L RECLAMATION COSTS • This reclamation cost estimate in based on the assumption that no more then 100 acres will need some form of reclamation any one time. Of this 100 acres, 35 acres would be covered by water and 5. 0 would be roads, 18 acres would be plant site, 19.0 acres is silt pond areas and the remaining 23.0 acres would be stripped or partially reclaimed area. This is based on a worse case scenario i.e. , at a time when the greatest area will need some form of reclamation. In this estimate we would have to complete backfilling on 800 linear feet at 47 .41 cyd/lft of banks, cut/filling the slope on 800 linear feet at 11 .85 cyd/lft of working face, respread 64, 533 cubic yards of topsoil on stripped areas and seed beds, grade and shape 60 acres of seed bed area and revegetate 50 ac. ±. The amount of topsoil that will be re-spread is based on an average of 8 inches. The revegetation cost figure includes fertilizer, grass seed, mulch and drilling costs. A 627C Cat motor scraper will be used to resoil the area and a 140G Cat motor grader will be used to shape the seed bed and the resoiled areas. We have included the cost to reduce the working face highwall using a D6T cat dozer from near vertical to 3: 1 if mining ends prematurely. A D6T Cat dozer will be used to push the fill material into the perimeter slope areas. A Cat 140G is used to prepare the seed beds and rip the plant site area. The table below outlines the various areas of disturbance at that time. • ACTIVITY TOTAL SOIL DEPTH NEEDS RESOILING 60.0 AC 8" NEEDS SEEDING 60 .0 AC GRADING SEEDBED 60.0 AC RESOIL @ 8" 64, 533 CY CUT/FILL 37, 928 CY BACKFILL SLOPING 9, 480 CY RIP PLANT SITE 18.00 AC Secondary revegetation 25% ESTIMATED UNIT COSTS FOR RECLAMATION ITEMS: Unit Cost 1 . Revegetation includes grass seed mix, mulch and fertilizer and labor to drill $150.00/AC. ** 2. Re-spreading soil and/or growth media with 627-E Motor Scraper, Haul distance less than 900. . . . 0.552/YD'3 3. Rip seed bed in plant site, 140G motorgrader . $50.32 /ac. 4 . Grade and shape 50.0 acres, 140G motor grade►. $49. 41 /ac 5. Cut/fill working face, 11 . 85 cy/lft D-6T Dozer. . . 0 .519/YD' 6. Backfill side slopes, 47 .41 cy/lft D-6TDozer. . . 0 .519/YD' • 21 EXHIBIT L(CONT) RECLAMATION COST ESTIMATE • RECLAMATION COSTS 1 . Revegetation, 60.0C ac @ $150.00/ac $ 9, 000 .00 2 . Resoiling, 64,533 yd3 x 1.12 @ 55.2t/yd3 39, 897 .25 3 . Rip plant site 18.0 ac @ $50.32/ac. 905.82 4 . Grading and shaping 60.00 ac. @ $49.41/ac 2, 964 .89 5. Cut/fill working face, 9, 480 yd3 x 1 .12 @ 51 .9t/yd3 5, 508 . 67 6. Backfilling exterior slopes, 37, 928 yd' x 1.15 @ 51.9t/yd3 22, 629. 67 7 . Secondary revegetation 60.0 ac x 25% x $150.00/ac 2,250.00 Net Total $74, 156.31 8 . Indirect costs Mobilization 3, 350.05 Insurance, Bond, & Profit 10, 025. 93 9. Administration costs 4,209. 11 TOTAL ESTIMATE $91, 741 .40 RECOMMEND BOND BE SET AT$91,800.00 Source of figured using, Cat handbook 038 and rental costs from. Means for 83'4 efficiency, for eastern. Coiorado ** ^ireet quote for services from er,k Catsnan, Getsr.:an Seed;.na Servl:e, Longnor.t, CO (370) 531-4963 • • 22 Exhibit M OTHER PERMIT AND LICENSES • 1 . An Air Pollution permit will be applied for prior to com- mencing mining at this site. 2 . A Use by Special Review permit from Weld County will be necessary prior to operations commencing on the new part of the mine. (Existing permit # USR 1102) 3 . This is a open pit operation where ground water will be ex- posed. An approved substitute water supply plan (SWSP) is in place. A new SWSP will be obtained prior to exposing ground water in the new area. 4 . A dredge fill permit (404) is not required at this time because waters of the U.S. will not be impacted. If it is determined a 404 permit is needed to mine parts to the site it will be obtained prior to mining commencing in those areas. 5. A Storm Water Management Plan (SWMP) exists for the mine it will be expanded to cover the new area. 6. A NPDES permit to de-water the mine is in place and will be expanded to cover the new area. (Permit # COG-500333) • • 23 • • Exhibit N SOURCE OF LEGAL RIGHT TO ENTER STATE OF COLORADO ) ) ss. AFFIDAVIT COUNTY OF ADAMS ) Lynn Mayer Shults, being first duly sworn upon oath, deposes and says: 1 . L.G. Everist, Incorporated is the surface and mineral rights owners of the property known as the Firestone Gravel Re- source. A copy of the deed is available for inspection at their offices in Henderson, CO. 2. That L.G. Everist, Incorporated is legally empowered to enter upon the subject lands and to conduct mining opera- tions for sand and gravel and other construction materials on said. mine . 3 . That 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. 0 Zik.Y,„(ot Lynn M. Shults - Regulatory manager SUBSC BED and sworn to before me this.,Z3'�1.-- day of a009, by Lynn M. Shults as the Regulatory Manager of L.G. Everi /Incorporate • Iiti . - •�, .101A Heir; U Notary Public NOTARY 'f' `• My commission expires : In t_ i s 1 1;',-9//g/c..9, G,�o� :.�o .. �t81.iG • 24 Exhibit 0 OWNERS OF RECORD SURFACE AREA AND SUBSTANCE TO BE MINED L.G. Everist, Inc. 7321 E. 88th Ave, Suite 200 Henderson, CO 80640 ADJOINING LANDOWNERS within 200 feet of permit area Acord St Vrain Valley Ranch LLC McHale, Lawrence a & Jill C\O Herbert Acord 270 Honeysuckle Ln 7541 CR 26.75 Oliver Springs, TN 37840 Longmont, CO 80504 Onorato, Kenneth L & Jacqueline M Central Weld Co Water District 7512 CR 26 2235 2nd Ave. Longmont, CO 80504 Greeley, CO 80631 Timko, Joseph T Jr & Judith A Firestone Town of 7095 Rd 26 3/4 P 0 Box 100 Longmont, CO 80501 Firestone, CO 80520 Varra, Pasquale & Jacqueline H & J Property LLC 8180 Gage St Nelson & La Vern June Frederick, CO 80516 11955 CR 15 Longmont, CO 80504 Vogl, Richard James & Johnny Edward Haley, Terrence S & Lisa M 7489 CR 24 • 12840 CR 17 Longmont, CO 80504 Longmont, CO 80504 Weber, Joseph C & Carol J L G Everist Incorporated P 0 Box 72 7321 E 88 Av #200 Golden, Co 80402 Henderson, CO 80640 Cache Bank and Trust c/o David Thompson P.O. Box 337060 Greeley, CO 80633 ROW's on or within 200 feet of permit line United Power Encana Oil 500 Cooperative Way c/o Logan & Firmine, Inc. Brighton, CO 80603 3615 S. Huron, Suite 200 Englewood, CO 80110 Qwest Communications Att: ROW Sinclair Pipeline CO. 1801 California Rocky Mountain District Denver, CO 80202 P.O. Box 185 Sinclair, WY 82334 Tri-State Generation & Transmis- sion Last Chance Ditch Company 1100 West 116th Ave c/o Harold E. Nelson Westminster, CO 80234 11955 WCR 15 Longmont, CO 80501 Kerr-McGee Oil & Gas Onshore LP • 1999 Broadway Suite 3600 Denver, CO 80202 25 Exhibit P MUNICIPALITIES WITHIN TWO MILES • The following towns are within two miles of this site. Town of Firestone 151 Grant Ave. P.O. Box 100 Firestone, CO 80520 (303) 833-3291 Town of Frederick 401 Locust Street P.O. Box 425 Frederick, CO 80530 (303) 833-2388 Town of Mead 441 Third Street P.O. Box 626 Mead, CO 80420 (970) 535-4477 • • 26 • • EOVir0011,e0t9 11)c' LARRY E.O'BRIAN 7985 VANCE DRIVE,SUITE 205A FOUNDER ARVADA,COLORADO 80003 303-423-7297 FAX 303-423-7599 January 7, 2010 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 Firestone Gravel Resource 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, /2?&' Stevan L. O'Brian enclosure RECEIVED THIS s?ret DAY OF SAaatx 2010 v) Weld County Board of County Coissioners Bys �. ,. krn'] • �— ,! Title ----�.c f...:7-A41:1141411.. "--t-4 •v 1111 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 BOARD OF COUNTY COMMISSIONERS Weld COUNTY L.G. Everist, Incorporated (the "Applicant/Operator") has applied for an amendment to their Firestone Gravel Resource regular (112) reclamation permit 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 ponds & rangeland. 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. L.G. Everist, Incorporated. (INSERT DATE) Hand Delivered S 27 Eiviroineit, • LARRY E.O'BRIAN 7985 VANCE DRIVE,SUITE 205A FOUNDER ARVADA,COLORADO 80003 303-423-7297 FAX 303-423-7599 January 7, 2010 Board of Supervisors Platte Valley Soil Conservation District 57 West Bromley Lane Brighton, Colorado 80601-2697 Dear Board members : • Re: Application for a Mined Land Reclamation Permit We are delivering to you here a Notice of Application and supporting documents for the Firestone Gravel Resource 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, XC4- =D Stevan L. O'Brian enclosure RECEIVED THIS DAY OF - fl f,l L , 2010 Platte Valley Soil Conservation Dis ict By , L(2. +, Title ?(� YYl' COL Oder}SIDiv) • 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 Firestone Gravel Resource regular (112) reclamation permit 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 ponds and range- land. 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. L.G. Everist, Incorporated (INSERT DATE) • • 28 • EXHIBIT R PROOF OF FILING WITH COUNTY CLERK AND RECORDER January 5, 2010 Weld County Clerk to the Board Board of County Commissioners Office 915 Tenth St. Greeley, Colorado 80631 Re: Amendment of a Mined Land Reclamation Permit Dear Sir/Madam: We are delivering to you here with an amendment to our approved permit application for the Firestone Gravel Resource (permit # M-1996- 052) 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-.12 (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 , 2010, one copy of an application amendment packet for above referenced mine. Weld County Clerk to the Board • By 29 • • ElViroPIVel#9 Inc. LARRY E.O'BRIAN 7985 VANCE DRIVE,SUITE 205A FOUNDER ARVADA,COLORADO 80003 303-423-7297 January FAX 303-423.7599 7, 2010 Weld County Clerk to the Board 915 10th Street Greeley, Colorado 80631 Re: Application for a Mined Land Reclamation Permit Firestone Gravel Resource Dear Sir/Madam: We are delivering to you here with a copy of an application for the amendment of the Firestone Gravel Resource, an amendment to a Regular (112) Construction Materials permit, to be operated by L.G. Everist, Incorporated. Two copies of the application are on file with the Division of Reclamation, Mining & Safety (DRMS) . • This copy of the application is delivered to you pursuant to 34-32 .5-112 (9) (a) , Colorado Revised Statutes 1995, as amended, which states in part: . .the applicant shall file a copy of such applica- tion for public inspection at the office of the County Clerk and Recorder of the County in which the affected land is located. Please acknowledge receipt of this copy of the permit application by signing in the appropriate space provided below and returning one copy of this letter to the person delivering the book. Please hold the book for pick up after the application has been heard by the MLRB (approx. 180 days) . Yours truly, Environment, Inc . Stevan L. O'Brian President r.: enclosure • RECEIVED THIS Al FDAY OF t ix 4-4Q1, 2010 c :: MLRB applicati n for abo a mine. • Wedd oust y Clerk to the Board °r C • EXHIBIT S PERMANENT AND MAN-MADE STRUCTURES We are preparing Structure Agreements for the structures listed in this exhibit and expect to have them in the next 30 to 60 days. Copies of the completed agreements will be provided to Division when they are received. No mining will take place within 200 feet of any structure until an agreement is complete or a Geotechnical Stability analysis is prepared for any structure. This list represents the permanent man-made structures within 200 feet of or on the new permit area. Some offsite structures are within 200 feet of the permit area but not within 200 feet of an area to be mined. These structures are noted on the list with an * behind them. WITHIN 200 FEET OF PERMIT AREA Central Weld Co Water District Terrence S & Lisa M Haley Water line, Sewer line, House, garage, barn, 3- building, chainlink fence sheds, wire fences H & J Property LLC Pasquale & Jacqueline Varra Harold E. & LaVern J. Nelson House*, 4 strand wire Wire fences, 1-House fences Joseph T, Jr & Judith A Timko Joseph C & Carol J Weber Three wire fence, 2- Houses Cemetery, wire fence • Acord St Vrain Valley Ranch LLC Cache Bank and Trust Wire fences, house, barn, House, block building, wire wood shed, garage fence Weld County Commissioners Richard J & Johnny E Vogl County Roads 15, 17, House*, 3 sheds, barn, 26, & 26.75 fences, 2 water wells * not within 200 feet of mined area ROW's on or within 200 feet of permit line United Power Kerr-McGee Oil & Gas Onshore LP Powerlines around site 3-Oil/gas wells, 4-Oil and Gas Flow lines, 2-4x6 Qwest Communications sheds, 2-storage tanks, 3- Telephone lines around site gas separators Tri-State Generation & Transmission Sinclair Pipeline Co. Underground Powerline 2 - gaslines Encana Oil Last Chance Ditch Company 11-Oil/gas wells, 11-Oil 2- irrigation ditches (Last and Gas Flow lines, 7-stor- Chance, Sidehill Ditch) age tanks, 6-gas separa- tors, 1-4x4 shed • 3O T TC,r�T,J 1 , TTT(� CORPORATE OFFICE j� V L1Z1►J 1 INC. ra s.P •SUITE zoo P O.BOX 5829 • p, SIOUX FALLS.SD 57117.5829 PHONE 605-334-5000 FAX 805.394-3056 MOUNTAIN DIVISION 7321 E.88TH AVENUE•SUITE 200 HENDERSON,COLORADO 80640 303-287.9606 December 22, 2009 FAX 303-289-1348 Gilbert P. Acord Acord St Vrain Valley Ranch LLC 7541 CR 26.75 Longmont, CO 80504 RE: Damage Reimbursement Agreement L.G. Everist,Inc. -Firestone Gravel Resource,Permit# M-19962 fy*t� Dear Mr. Acord: /, 4P L.G. Everist, Inc., is making an amendment to their Colorado Mined Lan matior tILR)permit to extract construction materials from a tract of land located in Parts of Sectio T-344", R-67-W,6th P.M., Weld County, Colorado. 4T:4,, ,;, State MLR law requires the permit applicant to agree t , ` u t a own�,tf any structures within 200 feet of the mining area for damage done to the stru s as esuft t '`3ermitted operation. We believe the Acord St Vrain Valley Ranch LLC own e struc rt s liste ',below. According to the MLR law your signature on this agreement must be not V 9 9 �-;r L.G. Everist, Inc. agrees to reimburse Acord . - Va-, anch LLC for any damage done to the 0 structures listed below as a result of the propo g Oration. Your acknowledging signature and a notary seal in the spaces provided b houtd` tis ,fie MLR law reimbursement requirement. Please return this agreement within 30 dAto ing it if at all possible. Enclosed is a stamped addressed envebpe so you cr.turned{�, xectti"ed agreement to us. We have also enclosed a second copy of this letter that irg'di a eep ,your files. Thank you for your cooperation. Sincerely, ri: #" ACKNOWLEDGED BY: &Ili ,4 Acord St Vrain Valley Ranch LLC.46,“, By Lynn Mayer Shults Title Regulatory Manager STATE OF } CC: i Bs. Division of Reclamation, Mining & Safety COUNTY OF ) The forgoing was acknowledged, subscribed Structure list: and sworn to before me, a Notary Public, Garage, House, wood shed, barn, fences this day of , By • — — Notary Public • My commission expires : FIRE StrudureLtra-Dec20D9.doc via Certified Mail# 7O0 O - CX 0(.P i,10.„, 4/2-S-7 ` • 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 proposed mine is known as Firestone Gravel Resource and is located in parts of Section 32, T-3-N, R-67-W, 6th Principal Meridian, Weld County, Colorado. The proposed date of commencement for the new area is 2011 and the proposed date of completion December 2045. The proposed future use of the land is ponds and rangeland. Additional information and the tentative decision date may be obtained from the Division of Reclamation, Mining & Safety, 1313 Sher- man St., Suite 215, Denver, CO 80203 (303) 866-3567, or at the Weld County Clerk and Recorders office, 915 Tenth St. , Greeley, Colorado 80631, 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 , 2010. 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: • 32 • EI)vircI)n)eUt, In LARRY E.O'BRIAN 7985 VANCE DRIVE,SUITE 205A FOUNDER ARVADA,COLORADO 80003 NOTICE 303-423-7297 FAX 303-423-7599 This site is the location of a proposed construction materials operation known as the Firestone Gravel Resource. L.G. Everist, Incorporated, whose address and phone number is 7321 E. 88th Ave, Suite 200, Henderson, CO 80640, (303) 287-9606, 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, 915 Tenth 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. • Certification p I, a5 Je C��ivi?ia.� , hereby certify that I posted a sign containing the above notice for the proposed permit area known as the Firestone Gravel Resource, on �AAvv41A-3/ :; , 2010. LI .240 Signature Date • E V i.e 1 , INC. CORPORATE OFFICE I 300 S.PHILUPS AVE,•SUITE 200 P.O.BOX 5829 • SIOUX FALLS,5D 57117-5829 PHONE 605-334.5000 FAX 805.3343858 MOUNTAIN DIVISION 7321 E.88TH AVENUE•SUITE 200 HENDERSON,COLORADO 80640 303-287-9808 December 22, 2009 FAX 303-209-1348 Central Weld County Water District Attn: Board Members 2235 2nd Ave Greeley, CO 80631 RE: Damage Reimbursement Agreement L.G. Everist, Inc.-Firestone Gravel Resource, Permit#M-1996-052 Dear Board Members: L.G. Everist, Inc., is making an amendment to their Colorado Mined Land Reclamation (MLR) permit to extract construction materials from a tract of land located in Parts of Section 32, T-3-N, R-67-W, 6th P.M., Weld County, Colorado. State MLR law requires the permit applicant to agree to reimburse the owner of any structures within 200 feet of the mining area for damage done to the structures as a result of the permitted operation. We believe Central Weld County Water District owns the structures listed below. According to the MLR law your signature on this agreement must be notarized. L G. Everist, Inc. agrees to reimburse Central Weld County Water District for any damage done to the • structures listed below as a result of the proposed mining operation. Your acknowledging signature and a notary seal in the spaces provided below should satisfy the MLR law reimbursement requirement. Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned the executed agreement to us. We have also enclosed a second copy of this letter that you may keep for your files. Thank you for your cooperation. Sincerely, ACKNOWLEDGED BY: Central Weld County Water District &Me9m-4ST BY Lynn M. Shults Title General M ctn11.11 e1" Regulatory Manager STATE OF 1Djoruda_____ CC: ) ss. Division of Reclamation, Mining& Safety COUNTY OF Wed T-ie forgoing was acknowledged, subscribed Structure list. and sworn to before me, a Notary Public, Water line, building, sewer line, chainlink fence this Zq day of DC GP Cd'..____. .__• 2 ._ By dObrN W._1.6.dej . Notary Public fR -, �LtJLCtfJ My commission expires: . -a-7O/-3 • F IRE-StructureLtrs-Dec2009.doc-via Certlied Mail# 7002 c,d CFCCIto 14 6g> 933 a L.G. EVERIST, INC. CORPORATE OFFICE 1 300 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 December 22, 2009 FAX 303-289-1348 Joseph C &Carol J Weber P O Box 72 Golden, CO 80402 RE: Damage Reimbursement Agreement L.G. Everist,Inc.-Firestone Gravel Resource,Permit#M-1996-052 Dear Mr. and Mrs.Weber: L.G. Everist, Inc., is making an amendment to their Colorado Mined Land Reclamation(MLR)permit to extract construction materials from a tract of land located in Parts of Section 32,T-3-N, R-67-W,fith P.M., Weld County, Colorado. State MLR law requires the permit applicant to agree to reimburse the owner of any structures within 200 feet of the mining area for damage done to the structures as a result of the permitted operation. We believe Joseph C &Carol J Weber own the structures listed below. According to the MLR law your signature on this agreement must be notarized. L.G. Everist, Inc. agrees to reimburse Joseph C &Carol J Weber for any damage done to the structures listed below as a result of the proposed mining operation. Your acknowledging signature and a notary • seal in the spaces provided below should satisfy the MLR law reimbursement requirement. Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned the executed agreement to us. We have also enclosed a second copy of this letter that you may keep for your files. Thank you for your cooperation. Sincerely, ACKNOWLEDGED BY. Joseph C &Carol J Weber U1014/1(3 . 4 Lynn M. Shults Title 060--s-‘1-1.--- ,r•:ett:s Regulatory Manager U cc:Division of Reclamation, Mining & Safety STATE OF >� ) ss. COUNTX OF Structure list: The forgoing was acknowledged, subscribed Cemetery, wire fence t;•. and sworn to befo e me, a Notary Public, NOTAn Q : this day of - .�cK4,41_ ___„,"1‘./e_. r i By - 1.g1L_d 44-A . .� z�-Gi.t L • - �.��+ .. ` '^•-• / Notary Public %• OC1l . My commission expires: ,.,'_// FIRE-Strudurettrs-Dec2009.dac-via Certified Mail# 712 O ( kO ot, V295— • • EOViroPIVelYt9 IOC* LARRY E.O'BRIAN 7985 VANCE DRIVE,SUITE 205A FOUNDER ARVADA,COLORADO 80003 303-423.7297 FAX 303-423-7599 January 7, 2010 Mr. Tony Waldren RF!`FIVFO Division of minerals and Geology JAN O 7 *L010Minerals Section 1313 Sherman Street, Suite 215 IAVISIO, net;lanatWfl, Denver, Colorado 80203 Mining and Safety Dear Tony; Re: L.G. Everist, Incorporated - Firestone Gravel Resource M-1996-052 - Weld County, Colorado 112 Permit Application Amendment Attached are two copies of the application book and map exhibits for the subject sand and gravel mine. The first book contains the original application form with original seals and signatures. Each • packet contains copies of the: • posted NOTICE certification • Weld County Commissioners notice receipt • Platte Valley SCD notice mailing receipt • the Clerk and Recorders office placement receipt A check for $2,229.00 to cover the AMENDMENT APPLICATION FEE is attached (Ck# /GS/ ) . Please call me when this application is complete. I will begin publication within ten days of the date stamp on this letter if it is found to be complete and will send the adjoin- ing owners a notice letter after the first publication date as re- quired in the rules. I will forward a copy of the Return Receipt cards for these notices as soon as I have them. Please date stamp the copy of this letter to indicate your receipt of this application, application check and supporting docu- ments and return it to the person delivering the packet. Yours truly, Environment, Inc. Stevan L. O'Brian President enclosures • cc: L.G. Everist, Inc. file STATE CAF 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 DIVISION OF Phone:(303)866-3567 RECLAMATION FAX:(303)832.8106 M I N I N G SAFETY Bill Ritter,)r. Governor January 22,2010 Harris D.Sherman Executive Director Dennis L.Fields Ronald W.Cattany Division Director L.G.EVerist,Inc. Natural Resource Trustee 7321 E 88th Ave.,Suite 200 Henderson,CO 80640 Re: Receipt of 112 Construction Materials Reclamation Permit Amendment Application, Firestone Gravel Resource,Permit No.M4996-052,AM-1 Dear Mr.Fields: On January 22, 2010, the Division of Reclamation, Mining and Safety received your 112 Construction Materials Reclamation Permit Amendment application for the Firestone Gravel Resource, which is located in Weld County. All comment and review periods began on January 22, 2010. The decision date for your application is scheduled for April 22,2010. • Within ten(10)days after submittal,you must publish notice in a newspaper of general circulation in the locality of the proposed mining operation once a week for four(4) consecutive weeks. Immediately after the first publication, mail a copy of the notice to all owners of record of surface and mineral rights,holders of any recorded easements,and all owners of record of lands that are within 200 feet of the boundary of the affected land. Proof of notice and mailings, such as Certified Mail-Return Receipt Requested,must be submitted to the Division of Reclamation,Mining and Safety prior to the decision date. Additionally,any changes or additions to the application on file in our office must also be reflected in the public review copy which has been placed with the Weld County Clerk and Recorder. The Division is reviewing your application to determine whether it is adequate to meet the requirements of the Act. We will contact you if additional information is needed. Please be reminded that all operators must contact the Colorado Department of Health, Water Quality Control Division regarding storm water permits. if you have any questions,please contact me. Sincerely, Eric C.Scott Environmental Protection Specialist cc: Steve O'Brian • Environment Inc 7985 Vance Dr#205A Arvada CO 80003 Office of Office of Mined land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines Eivircineit, LARRY E.O'BRIAN 7985 VANCE DRIVE,SUITE 205A FOUNDER ARVADA,COLORADO 80003 303-423-7297 FAX 303-423-7599 April 26, 2010 Mr. Eric Scott Division of Reclamation, Mining & Safety 1313 Sherman St . , #215 Denver, CO 90215 RECEIVFn APR 2 1 ZU1U Dear Eric; Division of ttecaamaUon, Wring and safety RE: L.G. Everist, Inc. Firestone Gravel Resource, Permit # M-1996-052 Adequacy Response #1 • On behalf of our client L.G. Everist, Inc. , I will respond to your February 2nd, 2010 adequacy review letter in the order and number format presented in that document . Exhibit C-Pre-Mining and Mining Plan Maps(Rule 6.4.3) Please show the locations, construction details,and dimensions(LxWxH)of any structures and founda- tions/pads to be placed on the site as discussed in the mining plan including:conveyor systems,scale, sales buildings,concrete batch and casting plants and asphalt batch plant and all associated supporting features. A Technical Revision will be required at a later date to add any of these structureslfeatures and provide details not specifically included at this time.There will also be bonding implications for the removal of any structures placed on-site. Since resumption of mining is delayed for the next couple of years the planning and location of the support facilities you listed are unknown at this time . The scale and scale house/sales building' are shown on these 2 maps, north of the ditch along the west side. In general, the asphalt and concrete batch plants and the casting facility will be north of the scale. The conveyor will be in various locations extending from the existing Plant Site into the mining areas and that will change as mining progresses. We have included the cost to remove any concrete foundations of support structures for the Concrete and Asphalt plants, the processing plant, and Scale/Scale house in the revised bond estimate. The demolition numbers are based on typical foundations found at other sites we have. It is the Division's understanding at this time that topsoil and overburden piles,while not located specifically on the map,will be placed within the setback of the active area(s), located no more than 900 feet from the active mining area,and fully within the permitted area as stated elsewhere in the application. • Please confirm. We confirm our plan to located the topsoil and overburden pile as described in the text. Map Exhibit C-1 shows topsoil and ENVIRONMENT, INC. PAGE 2 • APRIL 26, 2010 overburden piles surrounding the active mining area on the east side of Area 5 according to the description. Exhibit D-Mining Plan(Rule 8.4,4) It is the understanding of the Division that this will be a"dry mining-operation which will employ no clay liners or slurry walls to isolate itself from the aquifer,therefore the cells will need to be continuously pumped until they are reclaimed. Yes, they will need to be pumped until reclamation is com- plete. Rebuilding the slopes with compacted overburden and other materials generated at the mine will seal the area as mining progresses. Under the Office of the State Engineer directive these slopes will become a compacted liner that will seal the excavated area. This should reduce the amount of water that needs to be pumped daily during mining. Depth of mining appears to be approximately 35'b.g.s.based on map contours.Is this the anticipated depth to bedrock?What is the underlying strata-shale?Disturbance(unreclaimed area)will be limited to a maximum of 100 acres. Please confirm if this is correct. The average depth from our test holes show the depth to bed- rock is 32 feet but the depth to the water table is 6 feet average. The underlying bedrock is a blue shale that is part of the Laramie Foxhills formation found in this area. The changes to the bonding requirements do not change the maximum disturbed area and it will stay at 100 acres for now. . Also please note that temporary cessation is limited to a maximum of two 5 year intervals,and that site maintenance activities(weed control,etc)need to continue on-site even during periods of temporary cessation. Thank you for reminding us of the temporary cessation times and requirements. We will be sure to incorporate weed control on the old plant site as part of the continuing agricultural activities taking place on the permit area. We do not believe it is necessary to post a large bond until just before we come out of temporary cessation Please specify what setbacks will be maintained from the Last Chance Ditch,Sidehill Ditch and the gas/oil well access roads,and confirm that these have been accurately reflected on the site maps.• The setbacks as shown on the maps conform with our agreements with the ditch owners and oil and gas facility owners. The scale of the maps make it hard to measure the distances, so for your edification, the minimum setbacks for the ditches are 35 feet each side from the centerline of the ditch (total 70' ) , occasionally it is wider because there is a gasline lying along the ditch that increases the setback. Around each gas/oil well we will maintain an 80-foot radius ('h acre) during mining but during reclamation it will be rebuilt to a 150-foot radius . For the well gas/oil 2" supply lines we used 15 feet either side of the lines' physical location (total 30' ) . For the Sinclair line the ROW is 25 feet from the centerline (total 50' ) each side. Mining is allowed to begin on the ROW line but in actuality our setbacks vary from 50 to 100 feet wide depending on other structures that run parallel to or near the lines. S ENVIRONMENT, INC. PAGE 3 • APRIL 26, 2010 Exhibit E-Reclamation Plan(Rule 6.4.5) Ail information needed to satisfy section 3.1.5(9)items(a)-(f)of the rule concerning the use of off-site and structural fill.The application states that an intent to import inert fill letter and inert material affidavit are included,but these could not be found in the submitted application package. I forgot to include the letter and affidavit in the submittal packet . Attached are 2 copies for the file. Exhibit G-Water Information (Rule 6.4.7) Locate on the map(in Exhibit C)tributary water courses,wells,springs,stock water ponds,reservoirs,and ditches on the affected land and on adjacent lands where such structures may be affected by the proposed operations. All of the Maps contain the water features you have listed as they exist . Please also provide the following information: Are there any wells within 600 feet of the permit area? The exceptions to what I noted above are the water wells within 600 feet of the permit area. Map Exhibit G-1, at- tached, shows all water wells within 600 feet of the proposed lake area (blue cross hatching) as listed in the Office of the State Engineer' s records for this area . Attached to this map are printouts of the information for each well shown. We have shown 2 wells owned by Vogl, which do not show up in the state records and after talking to Mr. Richard Vogl, I found out that they were installed before 1972 and are not registered. We request that this map be accepted as a supplement to the • Pre-Mining Plan map as it better shows the water well loca- tions on and around the site. Is any portion of the site within the 100 yr flood plain of the St Vrain Creek? Yes, Attached is an excerpt from the FEMA map for this area. Note that the existing permit area is the only area within the 100 year floodplain for St . Vrain Creek. Where are the existing or proposed groundwater level monitoring points? Please locate on appropriate maps and provide construction details(depth, screened intervals etc.) Currently there are 13 groundwater monitoring points on the property. Their location is show on Map Exhibit G-2 . At- tached to this map is a sketch showing the typical construc- tion details for these wells. The monitoring holes were drilled to bedrock. What is the current static water level and does the pemiittee already have the required 12 months(and preferably more)of background groundwater level data to establish baseline conditions prior to commenc- ing dewatering? Attached to Map Exhibit G-2 is the groundwater monitoring data collected from each well monthly. Monitoring began on Wells 1 thru 5 in October 2006 and continue monthly. Wells 6 thru 14 were installed in January 2009 so we have a little over a years worth of data. The water table fluctuates on average as much as 6 .6 feet across the site each year so there is no static water level on the site. In general the average eleva- tion is from a high of 4808 on the south to 4795 on the north. • Is there a groundwater level monitoring plan for the site to monitor for potential off-site impacts to the aquifer,establish trigger points for corrective actions,and describe what corrective actions would be implemented? ENVIRONMENT, INC. PAGE 4 • APRIL 26, 2010 Yes, there is a monitoring plan. It is the same as in place now, we will continue to check groundwater levels in the monitoring holes monthly during the life of the mine. Some monitoring wells will be removed during mining but there are enough wells around the perimeter of the site, which will not be disturbed, to provide the information needed. We believe that as the slopes are rebuilt around the mined area the amount of ground water entering the excavated area will be reduced significantly to the point that there will be little ground water drawdown outside the mining area. During the 3 plus years of data we have collected analysis shows that the ground water level varies as much as 8 plus feet from month to month, year to year. The largest average change has been 8.06 feet in one month for MW5. This was when no dewatering was taking place on the site. MW5 is located at the highest point on the mine in the southeast corner. On the lower level the largest fluctuation was in MW6 which usually occurs between August and September, where the average drop is 6.16 feet. Because of these highly variable changes, we believe that choosing a set elevation or depth is impractical. It will take a case by case review each month to find any changes that could affect outside the mine area. L.G. Everist, Inc. , proposes implementing corrective actions when • groundwater level at the exterior monitoring holes have dropped 5. 0 feet or more from the monthly average drop established during monitoring. Corrective actions may include but are not limited to any one or combination of the following actions, halting dewatering; constructing an aquifer recharge trench between the dewatering area and the affected well; supplying water to the affected well owner until the impacts are mitigated, deepening the affected well or drilling a new well . What is the anticipated pumping rate for the site? Our NPDES permit currently allows for 8 .6 Mgd. We estimate the water pumping rates could vary between 1 .0 Mgd and 8 .6 Mgd depending on the dewatering needs as mining progresses. Has there been any aquifer drawdown modeling done for this site? There has been no aquifer drawdown modeling done for this site. How will water that is currently captured by the"Seep Ditch"be returned when this ditch is removed?Or will irrigation of these areas cease prior to removing the ditch? It will enter the lake area during mining and be discharged under our NPDES permit . Once the lake is complete it will enter the lake area and be returned to the ground water system via absorption. From what I can tell most of the water in this seep ditch occurs when the ground water raises during irrigation season and the ditch acts as a ground water elevation control ditch. The irrigation on the mine site south of the ditch will be suspended but we suspect some • seepage that enters the seep ditch is from up gradient irrigation and leakage from the Sidehill Ditch that subirrigates this area. A previous owner built this private ENVIRONMENT, INC. PAGE S • APRIL 26, 2010 ditch to intercept and divert the water off the property to avoid having the valuable farm ground to the north becoming marshy areas unsuitable for farming. Submit a brief statement or plan showing how water from dewatering operations or from runoff from disturbed areas, piled material and operating surfaces will be managed to protect against pollution of either surface or groundwater(and,where applicable,control pollution in a manner that is consistent with water quality discharge permits), both during and after the operation. Water from the dewatering operation is pumped into a surface dewatering trench that carries the water to the river. This is done in compliance with our NPDES/Stormwater discharge permit. Water that comes in contact with disturbed area, stockpiles and operation areas is directed into our wash water ponds and will not be discharged off site as described in our Stormwater Management Plan. In addition, isolation berms and ditches may be constructed along the mine's perimeter to keep offsite water from entering the mine or on-site water from leaving it. Any stormwater that contacts disturbed area within the dewatering area commingles with groundwater and is discharged under the approved NPDES permit . Once the site is reclaimed most of the water contacting the site will be retained in the excavated area. Water that does runoff will be from areas that have been returned to their natural conditions and that discharge is not regulated. • You must provide an estimate of the project water requirements including flow rates and annual volumes for the development,mining and reclamation phases of the project. The only consumptive use of water now is evaporation off the lake area and our SWSP provides for replacing 19 .2 ac-ft of water. The following table shows the estimated volumes of water needed for this mine in the first year after we resume mining. Acre-feet Excavation Evaporation Dust Total Control 7 .6 19 . 2 1 . 0 27 .8 You must indicate the projected amount from each of the sources of water to supply the project water requirements for the mining operation and reclamation. In the summer, replacement water comes from shares of Rural Ditch owned by L.G. Everist. In winter, the replacement water is purchased from the Varra Companies 112 Pit reservoir. Dewatering water is non consumptive and no replacement water is needed for this activity. Exhibit L-Reclamation Costs (Rule 6.4.12) The reclamation estimate provided in this application is much better than most, however,all information necessary to calculate the costs of reclamation must be submitted and broken down into the various major phases of reclamation. If direct quotes are used for items such as seeding,please provide copies,so that • they can be verified and included in the site file.You must provide sufficient information to calculate the cost of reclamation that would be incurred by the state. Please also provide cost estimates for the following items: ENVIRONMENT, HNC. PAGE 6 • APRIL 26, 2010 Attached is a revised Reclamation Cost estimate adding the additional information you requested. This estimate is much higher than originally presented because of the changes re- garding wet mining. In lieu of the slope backfilling we have decided to change the way those slopes are rebuilt so' they match Option #3 (clay liner) in the adequacy letter. The cost to compact and test the slopes is not much greater than just placing fill. The material used will be an engineered blend of material available on site in the form of overburden, wash fines and shale. We have also chosen to test the liner as we finish a lake area instead of waiting till the project is done to limit the amount of bond needed. Included is the cost to resoil and revegetate the interior of the lined areas as they may not be filled with water and we have no ability at this time to bond for filling them with water the first time. Pumping costs(State pumping cost is estimated at$300 per acre foot) If the Division's cost to dewater is truly based on $300 per acre foot no operator in the state would dewater gravel mines. It would cost over $30, 000 to remove the water from an area that is 5.0 acres by 20 feet deep. At 6000 gpm it would take 3 .77 days coming to nearly $7955/day. I contacted Rain for Rent in Ft. Lupton and using them to supply a full service, self-contained and serviced pump rig is $5, 000 per month or $166.60 per day. I realize the Division uses a premium in the estimates, but 4772% is a little hard to believe. Dewatering costs(per appropriate unit time such as day,week,month) The cost estimate is based on a recharge rate of 72, 300 gpd from our approved SWSP and a pumping rate of 6000 gpm at $5000/month for the entire project. Please review the revised Reclamation Cost estimate for more detailed information. Removal of structures included in mining plan such as sales office,scale/scale house,conveyor system, and asphalt and concrete plants;Weed Control Plan Typically we find that when the batch plants and support facilities are installed up to 100 yards of concrete are used in the supports for those structures. This material can be badkfilled on site or used as fish habitat on the bottom of the lakes, so- we have not included a cost to remove-only demolish and dispose. We have also included a cost for reme- dial work on the section of liner completed but not certified at the 20% rate. The cost to perform weed control on the site currently costs between $4000 and $6000 per year. A copy of the weed control plan is attached. Exhibit S-Permanent Man-made Structures(Rule 6.4.19) It appears that agreements are still required for most structures/utilities within 200'. Please provide evidence that the appropriate agreements have been executed/pursued. Copies of letters and certified mailing receipts will be adequate. L.G. Everist, Inc . , mailed the structure agreements to all owners of structures on or within 200 feet of the permit area on 12/22/09 with the exception of the oil companies. To date 111 we have had 5 returned, copies attached. Copies of the agree- ment letters and mailing receipts that we mailed for the unreturned agreements are attached to prove they were sent. If we receive additional signed agreements we will provide ENVIRONMENT, INC. PAGE 7 APRIL 26, ZO 1 CI them to the Division for inclusion in the file. Attached is the structure agreement for the Last Chance and Sidehill ditches that exists at this time. We have surface agreements for the oil/gas facilities that spell out how close we can get to their facilities. The Sinclair pipeline is in the old permit area and was addressed during 1995. I have included the Sinclair pipeline setback agreement that discusses protec- tion of those lines (page 3 #4) . Additional Information You will also need to provide the Division with proof of notice publication. Publication in the Longmont Times Call started on January 29, 2010 and ends on February 19, 2010. The public comment period ends on March 11, 2010 . A copy of the return receipt cards for the adjoining landowners are attached for your file. A copy of the Proof of Publication is attached. Any letters from other commenting agencies/entities received by the Division to date have been included with this correspondence for you to review. Office of Archaeology & Historic Preservation - We will follow their suggestions if human remains are found. Office of the State Engineer - L.G. Everist, Inc. understands the requirement for dust control water. • UST OF ATTACHMENTS TO THIS RESPONSE: Exhibit L Reclamation costs(revised) 6-Signed Structure agreements Adjoining_Landowner Notice Receipt Sinclair gasline setback agreement Proof of Publication NARCO(EnCana)Owens Bros well agreement Inert Fill Letter and affidavit EnCana Surface use agreement FEMA Floodplain map Water well map(G-1)and O.S.E.data Weed Control Plan Monitoring well map(G-2)&data Proof of mailing of Structure agreements I hope these responses have addressed the adequacy questions you had. I will place a copy of this packet with the Weld County Clerks office as required. If you have any questions please call me. Sincerely, Environment, Inc Stevan L. O'Brian President cc L.G. Everist, Inc. weld County Clerk file enclosures EXHIBIT L RECLAMATION COSTS (Revised 4126/10) i This reclamation cost estimate in based on the assumption that no more then 100 acres will need some form of reclamation any one time. Of this 100 acres, 5 .0 would be roads, 25 .54 acres would be plant site, 19 .00 acres is silt pond areas and the remaining 50.46 acres would be stripped or partially reclaimed area. In this estimate we would have to complete backfilling and compacting 4250 linear feet at 47 .41 cyd/linear ft of banks. Since the lined area will not be filled with water the site would be revegetated so one would have to respread 102, 178 cubic yards of topsoil on the disturbed areas, and seed beds; grade and shape 95 acres of seed bed area and revegetate 95 ac . ± . The amount of topsoil that will be re-spread is based on an average of 8 inches . The revegetation cost figure includes fertilizer, grass seed, mulch and drilling costs . We have included the cost to demolish 100 yards of concrete foundations of the Concrete and Asphalt plants, scale/scale house and the processing plant. A 627C Cat motor scraper will be used to resoil the area and a 140G Cat motor grader will be used to shape the seed bed, the resoiled areas and rip the plant site. A D8N Cat dozer will be used to reconstruct the compacted liner on the perimeter of the lake areas. We have included a factor of 20% for the Division to do remedial work on the completed liner if SEO certification is not accomplished. We also rounded the pumping time to the next day • and used 72, 300 gal/day as a transmissivity number to figure inflow from the aquifer. These figures are then used in the calculations for the bond amount. The tables below outline the various areas of disturbance at that time. RECLAMATION ACTIVITY` AREA(UNITS AC. LFT,YDS OR PIECES) Mining Plant Settling TOTALS areas site pond area RESOIL(ac) 50.46 25.54 19.00 I 95.00 REVEGETATE (ac) 50.46 25.54 19.00 ' 95.00 DEWATER(ac) 27.46 7.54 0 35.00 LAKE SLOPE CONSTRUCTION (Lft) 1,600 2650 0 4,250 LAKE SLOPING COMPLETE (Lft) 3,200 0 NA 3,200 LAKE AREA(ac) µ_.._ 27.46 7.54 0 35.00 CONCRETE DEMOLITION(yds) 0 100 0 100.00 ROADS(ac) 2.87 . 1.27 .86µ- 5.00 1 EXHIBIT L RECLAMATION COSTS(cont) • DATA EXPLANATION QUANTITY UNITS Soil depth _ 8.00 Inches Lake bank sloping complete 3200 Lft Lake bank slope reconstruction 4250 cy/Lft Bank Slope reconstruction time 67.4 days Weed control costs ' 55,000.00 Per year DEWATERING DATA Description AMOUNT UNITS Area 100%of lake depth _ 25.00 acres maximum depth 26.00 feet 1 length of 3:1 slopes 5,850 feet length of 1/2:1 slopes 1,600 feet Unit volume of water on 3:1 slopes 1,014.00 I cft/Lft Unit volume of water on '/2:1 slopes 169.00 cft/Lft Gallon conversion factor 7.48 gal/cft • Transmissivity# z 72,300 gal/day Pump rate minimum 6,000 gpm CALCULATED VOLUMES AND TIMES Slope water volumes 3:1 slope capacity ` 44 370,612 ! gal '/::1 slope capacity f 2,022,592 gal 100% depth j 211,835,000 gal Total pumping volume I 258,228,204 gal Pumping time Dewater lake 29.89 Days Slope construction time ` 67.43 Days Recharge factor for inflow during slop- 0.81 Days ing time and Dewatering TOTAL PUMPING TIME* 98.00 Days 'NOTE: pumping time rounded to next full day 2 EXHIBIT L RECLAMATION COSTS(contl • ESTIMATED UNIT COSTS FOR RECLAMATION ITEMS: Unit Cost 1 . Revegetation includes grass seed mix, mulch and fertilizer and labor to drill $200.00/AC. 2 . Re-spreading soil and/or growth media with 627-E Motor Scraper, Haul distance less than 900 . . . 55.24/YD3 3 . Rip seed bed in plant site, 140G motor grader . . $50.32/ac. 4. Grade and shape seed beds, 140G motor grader . $49.41/ac 5. Pumping costs includes, full service rental of self contained pump, fuel, maintenance and servicing daily. $166.67/day** 6 . Backfill side slopes, D8N Dozer push distance less than 250 feet 63 74/YD3 7 . Demolition & on-site disposal $7 .00/Yd. 8 . Secondary Revegetation seeding only $200 .00/ac RECLAMATION COSTS 1 . Revegetation, 95.00 ac @ $200.oo/ac $19, 000.00 2 . Resoiling, 102,178 yd' x 1.12 @ 55.2 /yd' 63, 170. 65 3 . Rip plant site 25.54 ac @ $50.32/ac. 1, 285 .26 • 4 . Grading and shaping 95.00 ac. @ $49.41/ac 4, 694 .41 5. Dewatering, 98 days @ $166.67/day 16, 333 . 33 6 . Backfill and compact slopes slopes, 201,493 yd' x 1 .15 @ 63.7 /yd' 147, 702 . 90 7 . Demolition & on-site disposal 100 yds@ $7.00/Yd. 700 .00 8 . Secondary revegetation 95.0 ac x 25% x $200.00/ac 4, 750.00 9 . Contingency fund for completed slopes 3200 Liner ft @ 47.41 yd/lft * 63.7 / yd * 20% 19, 341 .15 10 . Weed control costs 5, 000.00 Net Total $281, 977 .70 11 . Indirect costs Mobilization 3, 574 . 14 Insurance, Bond, & Profit 38, 125 .39 12 . Administration costs 16 , 005 .05 TOTAL ESTIMATE $339, 680 .28 RECOMMEND BOND BE SET AT $340,000.00 Source of figured using, Cat Handbook #38 and rental costs from Means for 83% efficiency, for eastern Colorado ** Estimate for services from Rain for Rent, Ft. Lupton, CO (970) 535-4963 3 L.G. Everist, Inc. 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Received by(Prfn C.Date of Delivery • Attach this card to the back of the mailpiece, a In ISC or on the front if space permits Yli Is dei ely ��from 1 Yes 1. Articia Ad I5sssd to If YES. delivery address below. CP, o LP Town of Firestone 9 0 P 0 Box 100 ''''.%eriztrirtY Firestone, CO 80520 3. Servvice "--" 0 Registered m for Morchnndise O insured Mail L..u.D. 111 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7©04 0750 0002 5692 4429 (T rosier from samba WO PS Form 3811,February 2004 Domestic Return Receipt 1Q2tr55-o2-µ-154o L.G. Everist, Inc. Firestone Gravel Resource PERMIT it M-1996-052 PROOF OF DELIVERY-Adjoining owners • February 2,2010 (, i o no A n o o o g I 65° o i x . •y i .n - cc e U _ fTt y (U Q 0 a s 4 yer 2 _ ? p �L r1J 0 U S Cb Z eA R- z fu Q P. i'l ( LA: ❑ o iljoa tr w g y 4- us I rtf Q fA4 iii J2 ❑❑ a 4 .12 , tl1 ❑❑ 1J) O D cq U4 X Gfk0 6l O U d X vi v [` in F 11111 m- _ ' 4 . 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ArtkfeNumber 7004 0750 0002 5692 4450 (Transfer from service tabee PS Form 3811,February 2004 Domestic Return Receipt iceses4:x-1-1540 L.G. Everist, Inc. Firestone Gravel Resource PERMIT#M-1996-052 PROOF OF DELIVERY-Adjoining owners • February 2, 2010 11 i . 1 a — lg. ,1 r 1 F} li 2 > '� "" . ° r - , O ❑ M t00 ❑ w \I r _a ¢ 9 : \\:d ,-• I . .• II lig 2 a O .A U 1 0 1 _n ....., i ii 6 & Lri ❑ Ln o ❑ '- 0lj , I tj c . ilui 1 OO f` a 'Ago � . . . . Q o d _ m n a u° d o 6 v o 1 in O g� N M1 ffi 0 0 o I.g m .-+ a8 C- mo c It CO z0 g�2 E o ti °# 1 t o lit RMaI@ 0co o iiih, Ifl CV $ G 0 p8� x rn ti a� o w r O !t. N N W N E W 0 N U D mW � 1U41U7 8 m 00TO wW 5-I > i Z chi g 3 � C C7 F c E ,iti--iNO . 1Or� 5 � -2 brai 1 OZ cga2a $ CCC (/} c igga 1 w SENDER: COMPLETE THIS SECTION CO.?PLCTC THIS StC:toiv ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. '• /i�! / `� item 4 if Restricted Delivery is desired. !' 0 Agent ■ Print your name and address on the reverse X v. Rw+� Addressee so that we can return the card to you. .. py ■ Attach this card to the back of the maitpiece, • or on the front if space permits. r If— /m D. is delivery Item 1? to 1. Article Addressed to: a. If YES,ort del' Joseph & Judith Timko - 7095 Rd 26 3/4 G Longmont, CO 80501 3. serv{ceType Zi AGertifled Maa 0 Rego Allkieiurn Receipt for Ma l.ha.,J{se ❑insured Mai 0 C.O.D. O 4. Restricted DelHery?(Extra Fee) ❑Yes 2 Ar leNIMnbef 7004 0750 0O02 5692 4481 (Transfer from aervlce label) PS Form 3811,Febnsary 2004 Domestic Return Receipt lo25aso2-M.ss4o L.G. Everist, Inc. Firestone Gravel Resource PERMIT*M-1996-052 PROOF OF DELIVERY-Adjoining owners • February 2,2010 if a _� I ' atc- 1❑❑ M ❑❑ li ❑❑! d \ 00 El . " i n CC Lri U to V i I 'a x J di - Lii35 1 4 • i 1 0 o 01:F0 & Iv' V \�• RJ w a n GI � 1 I C _ A �; w toLiJ 0 cn i� se = KO0 0 e e I .ea ❑❑ • Cr X di o ti o s E u d X ai ci vs •r { p a J p o S .r m a �s m tin z I 0 .-A ti R O _ C1 St:, °Fa Ks ,n U g-.0 g , in Rs:, • Ect) ti 05-6 k a m con a q QBA. to o 6 ,0g0 mxi Orl CO › O 0 -.- "E21-4223 '° w . W CV c\--113i p w r- 3 0 i •• ,0 ,..,-se-I tT U J . 9 ', P. ce N tt t c O O z o, U �� N N U m ec , 3.m U.C co G".. CClr z0;1' 14•-1 {4 Z � 66 �� ~fir CY. 0,1Oli CO Z agiglIocof=, € O � � i ''' . u_ Z 8tRg<N8 i g ,!. to • • • e? R 0 • • • of 2 II..--- SENDER: COMPLETE THIS SECTION C• •N•N DCLIVERY • Complete items 1,2,and 3.Also complete � • It \ � Item 4 if Restricted Delivery Is desired. QA9°f1t • Print your name and address on the reverse 0 Addressee so that we can return the card to you. e.` ,•by(Pri{ted{+ame) C. •:e of■:ivory • Attach this card to the back of the msilpiece, V 6St2. We be_N 2.61 p or on the front If space permits. D. Is del very adl*ass dtffernnt from Item 1? O Yes 1. Article Addressed to: tf YES,enter deltvery audrees below: O No Joseph C & Carol J Weber P O pox 7 2 3. Service type Golden, Co 80402 CI Registered Retom Receipt for Merchandise ---_—..- o❑Insured Mall 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 1111 2. ArtIcleNumber 7004 0750 0002 5692 4511 (fianst&from service label) PS Form 3811,February 2004 Domestic Return Receipt to2ses-x24+154° L.G. Everist, Inc. Firestone Gravel Resource PERMIT#M-1998-052 PROOF OF DELIVERY-Adjoining owners • February 2,2010 T - 1 a V, i 4 4g 1 8,1 12 2 0 0 0i OD 7 EI iii i C rt 1 c4 Ln n ru j _ w ' _ s w _ ru IP = 1 or o -^ or i1 ❑g,❑ 1 Ls, w ❑fit❑ I ru Lk ! ! -- - Q,T ,to nIw h 11 I I I N m o vi a Q E U d K In o of a, S S o CJ Q . r� o Q _ s 0 _ . -a is o 8- mg >,M o glt ; ri 144 a o2 o� ,� R,v o- la is0 • 2 i_2 b Q re ro c) Nr I ≥ •0 N co llg N :1 8 I i w - p ( g woo �$ �S s cola U a m � IJ a_ p u_ FCi+-' .) c - : § I 4i etc Cr; U ,d U SCC ; m vCou oo ; m O,yofa § E co m= oL A u-,co M $ �r� z c'0 3 Zia $Q $ i '" ' - ilg Z 12Q d u. 0) ■ • IN c, o. o ■ ■ II ai a SENDER:COMPLETE THIS SECTION COM.PLET£THIS SECTION DPI DELIVERY ■ Complete items 1,2,and 3.Also complete A. SIgnaturn-. item 4 if Restricted Delivery is desired. X /‘44r ❑Agent ■ Print your name and address on the reverse O Addressee so that we can return the card to you. g, by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, h /� or on the front if space permits. I it r D. Is delivery address N ,� 1• Article � to: If YES,enter ad* add D No p T Tri-State Generation & G � k � Transmissione dA 1100 West 116th Ave - r t v Westminster, CO 80234 3- -type _._......_......___..._...._..__ 4 Certified Mali 0 Express ma Registered 'Rehstt Receipt for Merchandise • 0 Insured Mall O C.O.D. III 4. Restricted Delivery?(Extra Fee) ❑Yes 2 7004 0750 0002 5692 4542 (7hinsfer from service label PS Form 3811,February 2004 Domestic Return Receipt 102505-02-M-1540 L.G. Everist, Inc. Firestone Gravel Resource PERMIT#M-1996-052 PROOF OF DELIVERY-Adjoining owners • February 2,2010 e ›• i W..TA, !A..Y . i ''' '4 ' DOA DD 2 O ? ❑❑ i :Et -0 u 11 - . a ,�i 11 g 6 i! ru z — 6. 1 , ej I! 7_7 - ') c_r; os. Ci I i I ta g .g — D OW Ln ►= o . um IQ 41 ?..! 6 1 1 - — 3i1 Ea- 1 y6 g I izt: t hi a 6 e E c°.) d Lrl K O of I "i tom: i cm L7 g. a m ■I r` Q , Z tg .2 c., fll}L C -Ir+ �= fim ova W E:74 Sin i _-- • t7 c. J •n c;# N IIIlx.. 1ihi N w �p� C: PS O rG 0 L'. a t f� o >C N 1 LL T- 1 k ii ; !1 1 U III IU I� r U O m Vu c 0.-•r Cr,. 11FP., U >- m.Lti 1, 8 ,g .-1 r›o_v. H 00 W• g;--e-gig� raiJMGc7yr9 -r1 O O--I fl rnawco 1171 W � SQ `8 ._. W C ,.— ti rn ■ ■ • c i a, o ■ ■ ■ ,of a SENDER:COMPLETE THIS SECTION c•ra LETS THIS SECT•N •V►E: 'iERV • Complete items 1,2,and 3.Also complete A � Item 4 if Restricted Delivery is desired. X • Print your name and address on the reverse A�dreseee so that we can return the card to you. g, by(Pfl Name) C.Date of Delivery • Attach this card to the back of the mailplece, iJ L CW /a or on the front if space permits. Y �f !V D. Is delivery address different front Item 1? 0 Yes 1. Article Addressed to: if YES,enter delivery address below: ❑No Kerr-McGee Oil& Gas OnShore LP -\ PO Box 173779 Denver. CO 80217-3779 3. serviceType N N.Certified ❑Registered R Merchandise O insured Mall .D,i .,- • 4. Restricted Delivery?(Extra Fee) O Yes III 2. Artc.le Number 700k 0750 0002 5692 4559 (Penske punt service label) i PS Form 3811,February 2004 Dorm Return Receipt t02596o2-14-1G40 i 1 LISPS-Track&Confirm http://trkcn&ml.smi.asps.com/PTSlnternetWeb/InterLabellnquiry. off • ims l L4ip l Sinn In ' Track&Confirm1 F TAQs • Track& Confirm Search Results Label/Receipt Number.7004 075.0 0.002. 5692 4.566 44.• Class:First-Class Mail Track&Confirm Service(s):Certified Mail Enter LabeVReceipt Number. Status:Delivered ` ( Your item was delivered at 1:35 PM on January 29,2010 in t`�≥ ENGLEWOOD,CO 80110_. Detailed Results: •Delivered,January 29, 2010, 1:35 pm, ENGLEWOOD,CO solip •Acceptance,January 28,2010,4:57 pm,DUPONT,CO 80024 Notification Options Track&Confirm by email iGet current event information or updates for your item sent to you or others by email. Co>�; PROOF OF DELIVERY Encana Oil Card was returned without signature or date this proves the letter was delivered to their law firm. • 1 of I 2/2/2010 11:32 A L.G. Everist, Inc. Firestone Gravel Resource PERMIT*M-1996-052 PROOF OF DELIVERY-Adjoining owners • February 2,2010 SENDER:COMPLETE THIS SECTION CCr.tPLETE nos SECTION C;:DEL':'LRY is Complete Items 1,2,and 3.Also complete a *ordure Rem 4 If rRestricted Delivery Is desired. � •:.• ❑�t • Print you name and address on the reverse £ O Addressee So that we can return the card to you B.Received Printed . Date of Delivery • Attach thus card to the beck of the rnaliplece, ,tf by or on the front if space permits. <� '�'a �•�•' ! ' yw f D. Is delivery...,1. Article Addressed to: If YES, . • address below L' FEB 0 1 2010 Last Chance Ditch Ccmpany c/o Harold E. Nelson 11955 WCR 15 3. ServiceT •= Longmont, CO 80501 C4 Certified D bIrereserMligi ❑Registered r.I .. : erchandise ❑insured Mali • . . . 4. Restricted Deiiveryt(Exba Feo) O yes 2. Article"umber 7004 G750 00O2 5692 4580 fnarufer from service tube PS Form 3811,February 2004 Domestic Return Recur 1 -M-1 54o • S LG EVERIST INC. PROOF OF PUBLICATION FRIESTONE GRAVEL RESOURCE - M-1996-052 3/17/2010 III AFFIDAVIT OF PUBLICATION TIMI ALL State of Colorado County of Boulder I, the undersigned agent, do solemnly swear that the LONGMONT TIMES-CALL is a daily newspaper printed, in whole or in part, and published in the City of Longmont, County of Boulder, State of Colorado, and which has general PUBLISHED NOTICE OF APPLICATION circulation therein and in parts of Boulder and Weld counties; AMENDMENT FILING FORA REGULAR (112) • that said newspaper has been continuously and ONS MA CTERIALSTRUCTION REC- uninterruptedly published for a period of more than six ILAMETIIONI PERMIT c. has months next prior to the first publication of the annexed legal filed an application 'amendment to their Rec• notice of advertisement, that said newspaper has been Iamation Permit with/he 4'etrursiWe Mined Land ReCSamati0n Board un• admitted to the United States mails as second-class matter der the proyisfont of the Colorado Mined Land under the provisions of the Act of March 3, 1879, or any, Reclamation Act for the extraction 01 amendments thereof, and that said newspaper is a daily materials. proposed construction The mine is known as newspaper duly qualified for publishing legal notices and Thompson Resource and IS located in parts of SeC advertisements within the meaning of the laws of the State of lion 32. NM.R,67-W,6 a Colorado; that a copy of each number of said newspaper, in County,Colorado. The proposed date of which said notice of advertisement was published, was commencement for the new area is 2011 and the transmitted by mail or carrier to each of the subscribers of •proposed date or Comple- tion December 2045. The id newspaper, according to the accustomed mode of +propland i ed future use of the land s ponds and rang iness in this office. I`land. Additional information and the tentative decision date mar be obtained The annexed legal notice or advertisement was published from the Division of Rec- lamation,lamation, Mining & Safety,1313 Sherman St„ in the regular and entire edition of said daily newspaper once Suite 215, Denver, CO 80203 1303)866-3567,or at each week, on the same day of each week for the period of'4 trio Weld County Clerk and Recorders office.915 eeaeeeuti'e insertions; and that the first publication of said Tenth St.,Greeley,Colo. rado 80631. or the above named applicant. notice was in the issue of said newspaper dated January 29, Comments must be in writing and must bt re Ceived by the Division of 2010, and that the last publication of said notice was in the Minerals and Geology by •4:00 Dad. on March 11, issue of said newspaper dated February 19,2010. 2010, Please note mat corn men's related to noise, •truck traffic,hours of op- •eration. visual impacts. effects on properly vat- - ues end other social or --- economic concerns are is- gent sues not subiect to this OffiCC'S iurlsdiCtion- These subjects and semi bar ones,are typicaflY ad dressed by your local governments,rather that Subscribed and sworn to before me this 23rd day of The Division Of Reciama tion, Mining 8. Safety or the Mined Land Roc February,2010 in the County of Boulder,State of Colorado. t ma G.Everist • LHenderson.Colorado Published In the Times-' Cab,Longmont,Colorado' ` /a&.117A) �� 1�' _t A. ( iJt li j January 79, fe°ruary 5. l�1{/J9'(" `V\ 12,19,2010 Notary Public My commission expires 12/01/2012 IDEE $143.56 JULIA K.STOCKWELL NOTARY PUBLIC STATE OF COLORADO L.G. VERIST , INC. I t CORPORATE OFFICE 300 S.PHILi1PS 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 INERT FILL NOTICE (RULE 3.1.5(9)) Firestone Gravel Resource M-1996-052 From time to time over the life of the mine we may import inert materials as defined in Rule 1.1(20),into this mining operation. It will be recycled and sold or used to partially construct the slopes that will be left when mining ends. Some may also be used to backfili portions of the mined area. If courser fill is used it will then be covered with finer material and revegetated where required by the permit. If the material is good dirt we will use it to supplement the topsoil needs for the mined area. Sloping will not be delayed if fill is not available since the fill will supplement material on the site at this time. The exact amount of material to be imported is unknown. We will record the volume imported each year and keep a running total. If needed,the total can be supplied to the Division • so that the Division will know how much material was imported and how it was disposed of. Importing fill will begin when operations a.this mine resume. We will continue to import inert fill until reclamation is complete or we no longer have a source. No specific compaction rates are proposed for the fill. The material usually available contains smaller pieces of concrete,or dirt mixed with the larger pieces of the same material. This makes it very difficult to achieve a specific compaction rate. While we take no action to reach a specific compaction rate,the way the material is placed tends to compact it. We run heavy equipment over the newly placed inert fill and the material is compacted in that area as a result. Stabilization of this fill material is not a concern because of the limited amount used in the slopes and the way it is placed. What voids do remain are usually under large pieces of material and little settling is possible. No structures will be built on the fill,nor will the depth of the fill be so great as to affect offsite lands if settling occurred. See the following page for the signed and notarized Affidavit. • FIRE-DBMS-Inertf dlNotice-Ma rch201 D.doc L.G. EVERIST, INC. riaCORPORATE OFFICE 300 S.PHILLIPS AVE.•SURE 200 P.O.BOX 6829 • �� SIOUX FALLS,SD 57117-5829 PHONE 605-334.5000 FAX 608.334-3656 MOUNTAIN DIVISION 7321 E.88TH AVENUE•SUITE 200 HENDERSON,COLORADO 80640 303.287.9608 FAX 303.289.1348 INERT FILL NOTICE (RULE 3.1.5(9)) Firestone Gravel Resource M-1996-052 State of Colorado ) AFFIDAVIT County of Adams ) Dennis L. Fields,as the Vice President of L.G. Everist, Inc., being first duly sworn, deposes and says that the material to be imported into the mining operation known as the Firestone Gravel Resource will be inert material as defined in Mined Land Reclamation Board rule 1.1(20)listed below. At no time will material that does not meet this definition be imported • to this site. M.L.R.B. Rule 1.1(20) "Inert Material"means non-watersoluble and non-putrescible solids together with such minor amounts and types of materials,unless such materials are acid or toxic producing, as will not significantly affect the inert nature of such solids. Terms included,but not limited to,earth, sand, gravel,rock, concrete which has been in a hardened state for at least sixty days, masonry,asphalt paving fragments and other inert solids. Signed By: Dennis . Fi Ids rf Subscribed and sworn before this /_day of ft e ,2010, by Dennis L. Fields as Vice President of L.G. Everist, Inc. Nota6 Public(signature and seal) • V fOTARy My Commission expires C4" 9/4 iv --ter--- • PUBl.1G . .*--!$.4‘••OFD- • FIRE-DRMS-InertF illNotice-Ma rch2010.doc e•W H e =0 W ap R..03 �0 � ` .A .N - ~ u oKC W b c_ u' li O Y LC+. u'a� �N \ , {y n• `p Kim $ ��i C,\F-, O it ■ Ti O: .Si a g m ft- II - 1,4 0 2 1 :mg �7OO s cfu — — -- fie€ FIN ‘1;`'l ycu -3;,..,,, ....i.. 411 13;.- E. isq,,,..:*,,,,,, wAilli F.,,,,,, ,_.......__ ,, , / O • WA ......... _....._....... .). .. e .ld '.,P ... .` `` 1:lIllIlIll17P N e`r .44.11411 0 r � i 5 k y.. yT a y 4j s d. f Y 4 - "A `, fit r 4`''Y 3 Page 1 of 1 1r , < it st.,�,µ ,4O Elevation Reference Mark RM7X River Mile •Ml.5 **Referenced to the National Geodetic Vertical Datum of 1929 o. f • *EXPLANATION OF ZONE DESIGNATIONS /ONE EXPLANATION °' A Areas of 100-year flood; base flood elevations and '.takr a EIRttene flood hazard factors not determined. AO Areas of 100-year shallow flooding where depths are between one (1) and three(3)feet;average depths of inundation are shown,but no flood hazard factors are determined. AH Areas of 100-year shallow flooding where depths are between one (1) and three (3) feet; base flood elevations are shown, but no flood hazard factors are determined. A1.430 Areas of 100-year flood; base flood elevations and flood hazard factors determined. A99 Areas of 100-year flood to be protected by flood protection system under construction; base flood elevations and flood hazard factors not determined. • B Areas between limits of the 100-year flood and 500- year flood;or certain areas subject to 100-year flood- ing with average depths less than one(1) toot or where the contributing drainage area is less than one square mile;or areas protected by levees Iran, the base flood. (Medium shading) C Areas of minimal flooding.(No shading) D Areas of undetermined, but possible, flood hazards. • V Areas of 100-year coastal flood with velocity (wave I • Firestone Gravel Resource, M-1996-052 WEED CONTROL PLAN WEED CONTROL PLAN Purpose To control and/or eliminate prohibited noxious weed species from the permitted area in order to minimize offsite impacts and help ensure that reclaimed lands will support the approved post mining land use. Applicable Regulation Colorado Construction Materials Rule 3.1.10(6) states, "Methods of weed control shall be employed for all prohibited noxious weed species, and whenever invasion of a reclaimed area by other weed species seriously threatens the continued development of the desired vegetation. Weed control methods shall also be used whenever the inhabitation of the reclaimed area by weeds threaten further spread of serious weed pests to nearby areas." Noxious Weed List All plants considered to be noxious weeds by the State of Colorado and regulated by under the Division of Reclamation, Mining and Safety shall be controlled and or eradicated as is required by the State and/or Weld County. Some weeds recognized by the State as noxious weeds are listed below, however the operator realizes this list may change. • Leafy spurge Russian knapweed Hounds tongue Canada thistle Spotted knapweed Hoary cress (White Top) Musk thistle Diffuse knapweed Field bindweed Plumeless thistle Yellow toadflax Salt Cedar/Tamarisk Scotch thistle Dalmatian toadflax Russian Olive Perennial Sowthistle Perennial peperweed Management of Noxious Weeds during Mining and Reclamation The operator shall monitor affected and reclaimed lands for noxious weed infestations. If weed infestation occurs on the permitted land, the operator may consult the state or county weed control agency for additional weed control recommendations. Management of these noxious weed species requires a long-term commitment and usually involves a combination of control methods such as mechanical and chemical for success. The operator will use a combination of methods for weed management on the site,which may include, but is not limited to: Control Methods During Mining - Keep disturbance footprint as small as possible - Disturb only the acreage to be mined in the upcoming field season - Minimize number of roads and equipment storage areas - Reclaim affected areas as soon as possible - Minimize or eliminate wetted soils, create positive drainage at all times - Slope affected areas to facilitate rapid drying of surface soils • - Convey water via pipes or other means to prevent wetted soils FIRE-DRMS-WeedControiPlan.wpd Firestone Gravel Resource, M-1996-052 WEED CONTROL PLAN • Management of Noxious Weeds during Mining and Reclamation (continued) Control/Management Types - Mechanical-Root plowing, bulldozing,fire,inundation - Chemical-Foliage spraying,cut-stump spraying - Cultural-revegetating affected areas and topsoil stockpiles with approved seed mix - Animal-grazing - Farming-farm land that is not being mined(plowing,growing crops) Control Methods During Reclamation - Contemporaneous reclamation and quick seeding following topsoil placement - Proper soil management-will try to use clean soil that is not infested with weed seeds - Maintain positive drainage - When possible,apply topsoil in the fall and seed immediately after application (helps to avoid high weed growth period) - Spot spray establishing weeds if found during reclamation operations or shortly thereafter Control Methods Following Reclamation - Closely monitor all reclaimed areas for plant establishment success and weed infestations - Reseed any areas of non-establishment in the next available season - Mechanically and chemically control any weed infestations found Estimated Cost of Weed Control ID $2500 to$5000 per year • FIRE-ORMS-WeedControl Plan.wpd L.G. E�; m.['a 1 , TAT t CORPORATE OFFICE �/ ERI 1 INC. �o S.PHILLIPS A AVE..SUITE 200 SI P.O.BOX 5829 SIOUX FALLS,SD 57117.5&29 PHONE 605-334-5000 FAX 605-3343656 MOUNTAIN DIVISION 7321 E.88TH AVENUE•SUITE 203 HENDERSON.COLORADO 80640 303.287-9806 December 22,2009 FAX 303-289-1348 Terrence S&Lisa M Haley 12840 CR 17 Longmont, CO 80504 RE: Damage Reimbursement Agreement L.G.Everist, Inc. -Firestone Gravel Resource, Permit#M-1996-052 Dear Mr. and Mrs. Haley: L.G. Everist, Inc., is making an amendment to their Colorado Mined Land Reclamation(MLR)permit to extract construction materials from a tract of land located in Parts of Section 32,T-3-N, R-67-W,6th P.M., Weld County, Colorado. State MLR law requires the permit applicant to agree to reimburse the owner of any structures within 200 feet of the mining area for damage done to the structures as a result of the permitted operation. We believe Terrence S&Lisa M Haley own the structures listed below. According to the MLR law your signature on this agreement must be notarized. L.G. Everist, Inc. agrees to reimburse Terrence S&Lisa M Haley for any damage done to the structures listed below as a result of the proposed mining operation. Your acknowledging signature and a notary seal in the spaces provided below should satisfy the MLR law reimbursement requirement. Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned the executed agreement to us. We have also enclosed a second copy of this letter that you may keep for your files. Thank you for your cooperation. Sincerely, ACKNOWLEDGED BY: r7 Terrence S& Lisa M Haley By Lynn M. Shults Title Regulatory Manager CC: STATE OF Division of Reclamation, Mining &Safety I ss. COUNTY OF Structure list: The forgoing was acknowledged, subscribed House,garage, barn,shed, wire fences, and sworn to before me, a Notary Public, 3 gram silos this day of By Notary Public My commission expires: FIRE-StrudureLtrs-Dec2009.doc-via Certified Mail# 7ob2- i1 1 b 427 • • �. U.S. Postal Senu:cr N.N CERTIFIED MAIL RECEIPT • r ru UI (.J.Dt)Y)stscii.7rlO::y. 'd0 Pr-•..trance:Cot e:r.J.IP Pr;r.,dct:l .1. S S CI S O D al r-1 �� r-1ri IAL USE s ..yy pwb • . • ' O - Z T O O c dti.d Fee in rrt— c r Li 1... ri�+m�q�fpt rwHem Poetommic [] O �ndonema,t�.q�,hnQ ru ? `� ru ru 'PAW Pottage&Foes O ';_ _a em O O O r- CI Terrence S & Lisa M Haley ;;,a;-- 12840 CR 17 or PORo:No. Longmont, Co 80504 as Fw•„ aa. • A II _ L.G. Everist,Inc. • 7321 East 88th Ave.Ste.200 ` Henderson CO 80640 U.S.Postal St.rv!ce N. CERTIFIED MAIL RECEIPT tv /Co)),ostic )11..b1 Only No t^s;I•.7r,CE` C�:cr,rq,p Pro„ufedr 0 OFFICIAL USE.... Postage $ .q .: 14 • CI Certaed Fee 2. t ' ., o Rabrr,Receipt Foe � (Al ..n t r :I O Resticted Deevwr Fee f'� CZ CErctaeema rt NOW) a f, fU Total Postage a Fern $ C , Q a s°"'�' Terrence S & Lisa M Haley se,:.i:itpi:Ho.;" 12840 CR 17 II of PO Box No. Longmont, CO 80504 cft gum ZIP.4 SFurrn::CX).A J L. G. LRlT, INC. CORPORATE OFFICE I S.PHILLIPS SUITE 200 • P.O,BOX 5829 Eirt SIOUX FALLS,SD 5711 T-5829 PHONE 605-334-5000 FAX 605-334.3656 MOUNTAIN DIVISION 7321 E.88TH AVENUE•SUITE 200 HENDERSON,COLORADO 80640 303-287-9606 December 22,2009 FAX 300-289.1348 Joseph C&Carol J Weber P O Box 72 Golden, CO 80402 RE: Damage Reimbursement Agreement L.G.Everist,Inc.-Firestone Gravel Resource,Permit#M-1996-052 Dear Mr. and Mrs.Weber; L.G. Everist, Inc., is making an amendment to their Colorado Mined Land Reclamation(MLR)permit to extract construction materials from a tract of land located in Parts of Section 32,T-3-N, R-67-W,6th P.M., Weld County, Colorado. State MLR law requires the permit applicant to agree to reimburse the owner of any structures within 200 feet of the mining area for damage done to the structures as a result of the permitted operation. We believe Joseph C & Carol J Weber own the structures listed below, According to the MLR law your signature on this agreement must be notarized. L.G. Everist, Inc. agrees to reimburse Joseph C &Carol J Weber for any damage done to the structures listed below as a result of the proposed mining operation. Your acknowledging signature and a notary seal in the spaces provided below should satisfy the MLR law reimbursement requirement Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned the executed agreement to us. We have also enclosed a second copy of this letter that you may keep for your files. Thank you for your cooperation. Sincerely, ACKNOWLEDGED BY: Joseph C &Carol J Weber By Lynn M, Shults Title Regulatory Manager CC: STATE OF Division of Reclamation, Mining & Safety ) as. COUNTY OF Structure list: The forgoing was acknowledged, subscribed Cemetery, wire fence and sworn to before me, a Notary Public, this _ day of By - - Notary Public • My commission expires: FIRE-StructureUrs-Dec2009.doc-via Certified Mail# 7�Z atoel) ECao 11116 • u1 in a- U S.Postal SL.r; ,�� R.. o-. CERTIFIED MALL RECEIPT • rurr \ S ru (Domcst•c L?ai!Orl;•-rlr,11sarancc Co:Cr.gc Provrdcd) oa 43 .0 O F F I C I A L use . ....• „a - i.amosi.. ..o .o Postage t � swamel d o C.r�ned F« Nature� Reteiot Fee Postmark 'dor""'srr n." — — Hers .13 °m"m"-' so sa Rellinclid P.iauy Fee pz.3 qc Gaideflpimme niquhl to s V im" to ru pmt Postage 4 F... $ � O o &sad ra r- t- r- Joseph C &Carol J Weber PU Box 72 oe PO oar Mo. Golden, CO 80402 PS form"3300.A J • L.G. Everist,Inc. 7321 East 88th Ave. Ste. 200 Henderson CO 80840 U.S.Postal Se.v cc Q CERTIFIED MAIL RECEIPT ru (Domestic Nari Only No Insurance Coverage Provided) -13 Postage j Certified Fes sarsem fit Required) Fee • 1• GG ^^ iThark (Endorsement Requwd) W Restricted Newry Fes ,3i in (Endorsement Required) . R, Total Postage E Fees $ 3 Z - .mot Joseph C &Carol J Weber srr..r,Apr.tye.: P O Box 72 o<Po so:No. • City,Sr.l.,ZIP.4 Golden, CO 80402 PS Form 3300,A L.G. EVERIST CORPORATE OFFICE , INC. 300 S.PHIWPSAVE.-SUITE 200 I P.O.BOX 5829 SIOUX FALLS,SO 57117-5829 • PHONE 905334-5000 FAX 605-3343956 MOUNTAIN DIVISION 7321 E.88m AVENUE•SUrrE 200 HENDERSON,COLORADO 80640 303-287-9608 January 14, 2009 FAx303-289-1348 Cache Bank& Trust c/o David Thompson PO Box 337060 Greeley, CO 80633 RE: Damage Reimbursement Agreement L.G.Everfst, Inc.-Firestone Gravel Resource Permit#M-1998-052 Dear Mr. Thompson: L.G. Everist, Inc., is making an amendment to their Colorado Mined Land Reclamation(MLR)permit to extract construction materials from a tract of land located in Parts of Section 32, T-3-N, R-67-W, 6th P.M., Weld County, Colorado. State MLR law requires the permit applicant to agree to reimburse the owner of any structures within 200 feet of the mining area for damage done to the structures as a result of the permitted operation. We believe Cache Bank&Trust owns the structures listed below,which were previously owned by Lionshead Development LLC. According to the MLR law your signature on this agreement must be notarized. L.G. Everist, Inc.agrees to reimburse Cache Bank&Trust for any damage done to the structures listed • below as a result of the proposed mining operation. Your acknowledging signature and a notary seal in the spaces provided below should satisfy the MLR law reimbursement requirement. Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned the executed agreement to us. We have also enclosed a second copy of this letter that you may keep for your files. Thank you for your cooperation. Sincerely, ACKNOWLEDGED BY: Cache Bank & Trust MStA4 By Lynn M. Shults Title Regulatory Manager STATE OF ss. cc: COUNTY OF Division of Reclamation, Mining& Safety The forgoing was acknowledged, subscribed and sworn to before me, a Notary Public, Structure list: this day of • House, block building,wire fence (Previous Owner listed as By Lionshead Development LLC, 729 Main Street Windsor, CO 80550) Notary Public My commission expires: • FIRE-StructureLtrs-CatheBank-011410-via Certified Mail 0 7006 2150 0003 6779 7217 • • w/.',• ?o:4 V , ! IA' ° � 4,I . � �j �' U O. t 3 � E ;NN(' Lit ; fr I> M•►w 0 w J F� ....0,��y 1 .0�0 W N ' -:�:0 ;Y'' -4 ilk C-1 a cc hi 1, ict ' 'k- Ag:. 4kj ,t 146,4 zir4 _ v t° .r a ® M 69 i ‘,.4. °-N8 . . 00 ' 1.j.. O ilt 1 4 =.r _ J•T; '. ° Oil "1.31 .1, L'i2L 61.2.9 E000 OST2 900L 0 ,=.-.. . - A li 1 " G E c ch U W M WI. 4 44 CO •- - soma' CC iI 3 Q i 4 1 c 2z � LLl 5u. d 11 I OF , OLLL _CL 11 /�� t 1 II p • jr cr, Lis o OA l II t 8 O L'C2L 61.L9 E000 OS'C2 900 . `V ill L'C2L 6LL9 E000 05'[2 900L `' I= o cow �O ZQ u wwLu N 1flfUf 1111.411Y33� z J=�_O30plt,aSS7O9075a^.:3a3Nte0 1.l! Jain 7••:^.Oar:111'43 f0 5^.K en.,if aOlIS ld ~ I L'C2L 6LL9 2000 OST2 9001. L.'.. • j Dj �`' INCCORPORATE OFFICE G V ERI 1 .L V S.PHILUPS AVE.•SUITE 200 P.O.BOX 5829 • SIOUX FALLS,SD 57117.5829 PHONE 805-3345000 FAX 6053343658 MOUNTAIN DIVISION 7321 E.88TH AVENUE•SUITE 200 HENDERSON,COLORADO 80640 303-287-9606 January 27, 2010 FAX 303.289.1348 Richard James&Johnny Edward Vogl 7489 Weld County Road 24 Longmont, CO 80504 RE: Damage Reimbursement Agreement L.G. £verist, Inc.-Firestone Gravel Resource,Permit#M-1996-052 Dear Messrs Vogl: Everist, Inc., is making an amendment to their Colorado Mined Land Reclamation (MLR)permit to extract construction materials from a tract of land located in Parts of Section 32, T-3-N, R-67-W, 6th P.M., Weld County,Colorado. State MLR law requires the permit applicant to agree to reimburse the owner of any structures within 200 feet of the mining area for damage done to the structures as a result of the permitted operation. We believe Richard James&Johnny Edward Vogl own the structures listed below. According to the MLR law your signature on this agreement must be notarized. L.G. Everist, Inc.agrees to reimburse Richard James&Johnny Edward Vogt for any damage done to the structures listed below as a result of the proposed mining operation. Your acknowledging signature and a notary seal in the spaces provided below should satisfy the MLR law reimbursement requirement. Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned the executed agreement to us. We have also enclosed a second copy of this letter that you may keep for your files. Thank you for your cooperation. Sincerely, ACKNOWLEDGED BY: MAAjthRichard James&Johnny Edward Vogl By Lynn M Shuits Title Regulatory Manager CC: STATE OF Division of Reclamation, Mining &Safety — — —.— ) ,, s. COUNTY OF Structure list: The forgoing was acknowledged, subscribed House, 3 sheds, barn, fences and sworn to before me, a Notary Public, this _._ day of For following address: 7250 County Road 26 By Longmont, CO 80504 Notary Public My commission expires: • FIRE-StructureLtrs-Vogl-012710 doc-via Certified Mail* 706 05,12 L 13-(1 41630 • • - sp` �s m • O = . o IIc? ' o '.; U e �� Cli C/00 COf 4liki- U ern?,O CI il !CD Z p ci, —1 -4i - • l k a! 00. d9. I74 ---...s. ..gli 'w2 N • t i•0 rcc .4,e �E_ CD LL CCZ IN a �� i "' W%&as QC �.a *.s1 ffx 49 IJl • a , NU' .:;-, II It "I ('\,V : . ZL� V ill O r 11'�Fi •1.�.,* emu° tl c P. as v o, DESK 0997 9O00 0990 2004 '2 T3 v w N > t i $ca "! If m 0 � s U U = tp o V E g v i . 1.Ali. U CI) . 1 N I,- J c N " , i \, i2 a o C L_1 : q�um J C1 i 4+. a id ii 4 o4 4 a cc E 5 v ;i, 8 ,r A i ---i:2 E a wiw o 2 V ti o k CY A4 N DESK 099'I 9000 0990 200L 5 v DESK 099'I 9000 0990 200L uu 8 > CO Zh0 co co O N [— I;L � IY w • 7/tfbit 03IJI1UJ3 > N z 7'Nt.^1LIDD.i U' S Jtl:•-7Ny'Ll.f 3Ml.a'3 J c,';) = now awl ca 11,7).. is JD aDa 1^SA L Ii:S B'l.(id DESfi 0997 9000 0990 200L . �!`� • �Z LJ1'..T c'j`, T L N '• CORPORATE OFFICE L G \/ ERI S 1 I C S.Pt1 RA E •SUITE 200 P.O.BOX 5829 • PIO FALLS-SD 57117-5829 PHONE 605-334-5000 FAX 605-334-3658 MOUNTAIN DIVISION 7321 E.88Th AVENUE+SUITE 200 HENDERSON,COLORADO 80640 303.287.9606 December 22,2009 FAX 303-289.1348 H &J Property LLC Attn: Harold E. & LaVem J. Nelson 11955 CR 15 Longmont, CO 80504 RE: Damage Reimbursement Agreement L.G.Everist, Inc.-Firestone Gravel Resource,Permit#M-1996-052 Dear Mr. and Mrs. Nelson: L.G. Everist, Inc., is making an amendment to their Colorado Mined Land Reclamation(MLR) permit to extract construction materials from a tract of land located in Parts of Section 32,T-3-N, R-67-W,6th P.M., Weld County,Colorado. State MLR law requires the permit applicant to agree to reimburse the owner of any structures within 200 feet of the mining area for damage done to the structures as a result of the permitted operation. We believe H &J Property LLC own the structures listed below. According to the MLR law your signature on this agreement must be notarized. • L.G. Everist, Inc.agrees to reimburse H&J Property LLC for any damage done to the structures listed below as a result of the proposed mining operation. Your acknowledging signature and a notary seal in the spaces provided below should satisfy the MLR law reimbursement requirement Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned the executed agreement to us. We have also enclosed a second copy of this letter that you may keep for your files. Thank you for your cooperation. Sincerely, ACKNOWLEDGED BY: H & J Property LLC 1/11451(4/147 By Lynn M. Shults Title Regulatory Manager STATE OF CC: ) Ss. Division of Reclamation, Mining & Safety COUNTY OF The forgoing was acknowledged, subscribed Structure list- and sworn to before me, a Notary Public, House,wire fences this _ day of By Notary Public • My commission expires: FIRE-Struc1ureLtr3-Dec2009.doc•via Certified Mail# 700 "k(DO tviMo l'( 43`. • . U.S.Fo.t...StYYv{n ru a n, ti CERTIFIED MAIL RECEIPT 1'r1 i rn (Domasl:c!.'a I Only: No lnc,rance Cavi.rag:Prov.dedj Iim.....NOINIONIIIMMIMIN 1" 10 '2. . g0FFICIAL USE W .I��i. _oposmommimiene ..Q r.0Pastage * . n `� � esreflsa r« f : c le„.:.` ...1 t�� OM Y Rs�hsc► ti MOM P sus L Fee $ ti a 3 �...�� o Swim H&J Property LLC ---- Apt-- Mn: Harold E. &LaVem J. Nelson fn.a."°Del Ma 11955 CR 15 ;: ' Longmont, CO 80504 PS Form 0500. . r • L.G.Everist,Inc. • . 7321 Bast 886.Ave.Sta. 200 • Henderson CO 80640 • U.S.Pon:al Service ti CERTIFIED MAIL RECEIPT P1 (Domestic. /I.i./Cosy: No insurance Cover:Tr. Proviflcdt CJ —13 Postage S .IN 4yp GrtMW Fee 4 ccc 4 a © Ream Riceipl Fes (Enc .)‘_._,Hers d1 RanhidAd rrIr ry Fr )4:'. `' o x,sm Respurd) $ Z "PO t fl) Toth Post*.&foss O im Sent To H &J Property LLC Attn: Harold E. & LaVern J. Nelson Street,Apt.Alo orPOBorM0. 11955 CR 15 • Cn Stile'21P4 Longmont, CO 80504 PS Fcur.3300. L.G. �/T eErr' INC. CORPORATE OFFICE 1 � 3405.PHIu1PSAVE •SurfE200PO.BOX 582Si�' SIOUX SC)67117-5829 605-3 PHONE fi05334-5000 FAX 6053343856 MOUNTAIN DIVISION 73221 E.88TH AVENUE•SUITE 200 HENDERSON,COLORADO 80640 303-287-980e December 22, 2009 FAX X5-289-13`8 Weld County Commissioners 915 10th St. Greeley,CO 80632 RE: Damage Reimbursement Agreement L.G.Everist, Inc.-Firestone Gravel Resource, Permit#M-1998-052 Dear Commissioners: L.G. Everist, Inc., is making an amendment to their Colorado Mined Land Reclamation (MLR)permit to extract construction materials from a tract of land located in Parts of Section 32,T-3-N, R-67-W,6th P.M., Weld County, Colorado. State MLR law requires the permit applicant to agree to reimburse the owner of any structures within 200 feet of the mining area for damage done to the structures as a result of the permitted operation. We believe Weld County owns the structures listed below. According to the MLR law your signature on this agreement must be notarized. L.G. Everist, Inc. agrees to reimburse Weld County for any damage done to the structures listed below as a result of the proposed mining operation. Your acknowledging signature and a notary seal in the spaces • provided below should satisfy the MLR law reimbursement requirement. Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned the executed agreement to us. We have also enclosed a second copy of this letter that you may keep for your files. Thank you for your cooperation. Sincerely, ACKNOWLEDGED BY: Weld County By Lynn M. Shults Title Regulatory Manager CC: STATE OF Division of Reclamation, Mining & Safety ) r3s. COUNTY OF Structure list' The forgoing was acknowledged, subscribed County Roads 15, 17, 26, &26.75 and sworn to before me, a Notary Public, this day of By _ Notary Public • My commission expires; FIRE-StructureUr5-Dec20O9 doc-via Certified Mail* 70 2, Ott' C1CO( 1 DO r • . U 5.Pos!,ii Sep.ice fr IT' a- CERTIFIED MAIL RECEIPT m r>7 m (.r.ontecl,;r.:,;i:G.''s. 1:o loci e.11:0,., CO.r':...,. Fro',00 Z. Il~mMININIIIIIISINs. a" = 4 _ ligliiii O Q co - """'� .0 .0OFFICIAL USE o _ q ......... ................. o o Grilled Fee Palmk O O Mum RarnbCFw ■ lire N :.:U WI rU Yb,r Palmer$Pm $ . • O immi.. l-El O a tintTe N - - r - Wekl County Commissioners "i"•-.470;.- 915 10th St. Greeley, CO 80632 _, . • L.G.Everist,inc. 7321 Bast 88th Ave.Ste.200 Henderson CO 80640 _ U.S. PO.;tar SerVICe CERTIFIED MAIL RECEIPT ►n (Do:ties;,c List Or;,y• rU !it'.uraoct:Co%••.'7,•P;ovu:Cdi p eri OFFICIAL VISE o Certified F1 . : l tE � w RvsMaed oex iwr Re • ^ , �`f rU 'Mal P°'besiieee ' - . 0 o Sent lb Weld County Commissioners *reAL APL No 915 10th St. or PO Bar No • Greeley, CO 80632 SF nn?iGG 0 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 805-334.3666 MOUNTAIN DIVISION 7321 E.88TH AVENUE*SUITE 200 HENDERSON,COLORADO 80640 303-287-9606 December 22, 2009 FAX 303-289-1348 United Power Attn: Bill Meier 500 Cooperative Way Brighton, CO 80603 RE: Damage Reimbursement Agreement L.G. Everist,Inc.-Firestone Gravel Resource, Permit#M-1996-052 Dear Mr. Meier: L.G. Everist, Inc., is making an amendment to their Colorado Mined Land Reclamation(MLR)permit to extract construction materials from a tract of land located in Parts of Section 32, T-3-N, R-67-W, 6th P.M„ Weld County, Colorado. State MLR law requires the permit applicant to agree to reimburse the owner of any structures within 200 feet of the mining area for damage done to the structures as a result of the permitted operation. We believe United Power owns the structures listed below. According to the MLR law your signature on this agreement must be notarized. L.G. Everist, Inc. agrees to reimburse United Power for any damage done to the structures listed below • as a result of the proposed mining operation. Your acknowledging signature and a notary seal in the spaces provided below should satisfy the MLR law reimbursement requirement. Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned the executed agreement to us. We have also enclosed a second copy of this letter that you may keep for your files. Thank you for your cooperation. Sincerely, ACKNOWLEDGED BY: /144 ; United Power By Lynn M. Shults Title Regulatory Manager STATE OF CC: Division of Reclamation, Mining&Safety s'' COUNTY OF list: The forgoing was acknowledged, subscribed Structure and sworn to before me, a Notary Public, Sower Structure this _. day of By • Notary Public • My commission expires: FIRE-StruciureLtrs-Dec2009.doc-via Certified Mail I L 0 L "Zig) 004:::)(0 lei 932T • • . . .. • . • U.S. 1 r.r.t 1 S r.it.: .o -11 CERTIFIED MAIL RECEIPT , us issasill Ls, In . rimimmomit w_= `3 `° 0FF1CIAL USE ea•-• • a � .tea Poets°, 'r ' ,t a 0 ci c«tm.d Fes d : isa=a1=eii 0 o 0 _. p T r GI 01 +4 K" i.so := I~ !"m"`"""""'"" a0 aX1 Rees fetid Dame Fee : p It a �� 0 b fs' f1e^l fle4'd1eo) LU r.e..i..s 7btd Risings•f� Rl CI = �"�' l o o s nt7b United Power M1 '` N Attn: Bill Meier fume.sox pp,j 500 Cooperative Way a,..,, Brighton, CO 80603 • L.G. Everist,Inc. 7321 East 88th Ave.Ste.200 Henderson CO 80840 U.S.Poc•.1 iI Srrv.t e `° CERTIFIED MAIL RECEIPT In frl (L.,ncstic L!..t: O,iti. ti.) 1,;•,,/,:,r'0,,, L: ..'r...;. 1- .., ',1; J- ZOFF1CJAL USE .s1 Pottage $ •t/ 0 In CertBled Fee 2 t • a C3 (Endo «"taeRied) 1511. Fulosipt he 3 c En Restricted Deexry Fee A. Ci IF ,«,t Required) . /. Tom Postage&her hil,,,�:v" nJ ��7 ID So„t f United Power t` Attn: Bill Meier K 500 Cooperative Way or PO Box• cat(Sges%W , Brighton, CO 80603 PS Form 3800. L EVERIST, INC C0 S.CORPORATE OFFICE I 300 S.PHILLIPS AVE.•SUITE 200 1 P.O.BOX 5829 • SIOUX FALLS,SO 57117.5829 PHONE 6334-5000 FAX 805-334-3856 MOUNTAIN DIVISION 7321 E.88TH AVENUE•SUITE 200 HENDERSON.COLORADO 80640 303.287.9608 December 22,2009 FAX 303-289-1348 Qwest Communications Attn: Right-Of-Way Department 1801 California Denver, CO 80202 RE: Damage Reimbursement Agreement L.G. Everist, Inc.- Firestone Gravel Resource, Permit#M-1996-052 Dear Right-Of-Way Department L.G. Everist, Inc., is making an amendment to their Colorado Mined Land Reclamation(MLR)permit to extract construction materials from a tract of land located in Parts of Section 32, T-3-N, R-87-W,6th P.M., Weld County, Colorado. State MLR law requires the permit applicant to agree to reimburse the owner of any structures within 200 feet of the mining area for damage done to the structures as a result of the permitted operation. We believe Qwest Communications owns the structures listed below. According to the MLR law your signature on this agreement must be notarized. • L.G. Everist, Inc. agrees to reimburse Qwest Communications for any damage done to the structures listed below as a result of the proposed mining operation. Your acknowledging signature and a notary seal in the spaces provided below should satisfy the MLR law reimbursement requirement. Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned the executed agreement to us. We have also enclosed a second copy of this letter that you may keep for your files. Thank you for your cooperation. Sincerely, ACKNOWLEDGED BY: Owest Communications By Lynn M. Shults Title Regulatory Manager STATE OF cc: ) s a. Division of Reclamation, Mining & Safety COUNTY of } Structure list: The forgoing was acknowledged, subscribed Telephone ucture lines and sworn to before me, a Notary Public, this _ day of _ _ , By • Notary Public • My commission expires : FIRE-StruduretHs-Dec2009.doc-vta Certified Mail* 7000 COD(' 1�rao v�b 3 __ S . • U.S.Postal S.Nrvicc III "Im CERTIFIED TAIL RECEIPT < ..o..n m �� rn m (Dome,,,r.7.ti!On;y: rlo 7!t.urancr Covororic Prpv,C:Cdi or • :▪ ' . w O F F 1 C 1 A L USE -a ;:` F -- m z gedicted comi7 w ...CV 111 to p Fbgdom*. w aF� $ �� ru M- Torl Postage �-�I'M CI Qwest Communications _ i` r' Attn: Right-Of-Way Department • moo:w No 1801 California • I c*,c ,; Denver, CO 80202 i • •5 .+n:32Gr. • i IL.G.Bvecist,Inc. Pall Butnth Ave.Ste.200 1 Madero*CO 806 40 n1 u.s.Postal Service m CERTIFIED MAIL RECEIPT Ill jDonuasric i.1.1,/Only: No incluancr(:over.raer Providvdi ri �/ _a Poet $ V11 • .4:‘, 0 Certthed Fee '.4.:" ,. . . O Return twelpt Fes Rr `- (Endorsement RettuFsQ) -- . sj . ra Restricted Newry Fee f)j,O (Fndoreemwx Roq i1c.Q 7etel tro.no..Few $ � . �, 2y . 0 o .nt o Qwest Communications N Attn: Right-Of-Way Department sowo,O Box o 1801 California III ,:State.ZiP4 Denver, CO 80202 AllS F•rm +r • Y I' _1 1 , INC. CORPORATE OFFICE 300 S.PHILLIPS AVE.•SUITE 200 P.Q.BOX 5828 SIOUX FALLS,SD 57117-5828 PHONE 605-334-5000 FAX 605-334-3656 MOUNTAIN DIVISION 7321 E.68TH AVENUE•SUITE 200 HENDERSON,COLORADO 80640 303.287.9606 December 22, 2009 FAX 303-289-1348 Tri-State Generation &Transmission 1100 West 116th Ave Westminster, CO 80234 RE: Damage Reimbursement Agreement L.G. Everist, Inc.- Firestone Gravel Resource,Permit#M-1996-052 To whom it may concern: L.G. Everist, Inc., is making an amendment to their Colorado Mined Land Reclamation(MLR)permit to extract construction materials from a tract of land located in Parts of Section 32, T-3-N, R-67-W, 6th P.M., Weld County, Colorado. State MLR law requires the permit applicant to agree to reimburse the owner of any structures within 200 feet of the mining area for damage done to the structures as a result of the permitted operation. We believe Tri-State Generation &Transmission owns the structures listed below. According to the MLR law your signature on this agreement must be notarized. L.G. Everist,Inc. agrees to reimburse Tri-State Generation&Transmission for any damage done to the structures listed below as a result of the proposed mining operation. Your acknowledging signature and a • notary seal in the spaces provided below should satisfy the MLR law reimbursement requirement Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned the executed agreement to us. We have also enclosed a second copy of this letter that you may keep for your files. Thank you for your cooperation. Sincerely, ACKNOWLEDGED BY: Tri-State Generation&Transmission By Lynn M. Shults Title _ Regulatory Manager • CC: STATE OF Division of Reclamation, Mining& Safety -- 1 ss COUNTY OF -- ) Structure list. The forgoing was acknowledged, subscribed Underground power line and sworn to before me, a Notary Public, this day of By — — Notary Public • My commission expires: FIRE-StrudureLtrs-Dec2009 doC-via Certified Maii# 7Cel Z ekoc, tic 4 V37O __ •• U.S.Postai Service ' o O o MINIIIMW.=MFONIMM r_ r._ CERTIFIED MAIL RECEIPT rT{ m m (Domestic ri7J t On;;. P:::insurance Coverage Prnvid�*c.'l CI :`. C7 G? -0za h7...m...." 414oFFICIAL USE °r= A .r1 Po«.o. $ -5/V , certified Fee 2..•YID . © c3 im �` n o ,,.r,t A.Qwp m Pieoee,i Fee Hen s r• F.. ,,,—" ••••"'"'"" ea 47 Reeb Aed Delivery Fee MCI raxbrgetwnt Repuhhi4 Ca ru rU Med Relieve a R... $ J.Zy Ill v sr tJ c� rm e Q•o , ti ' N rte- • 0 Tri-State Generation &Transmission «.%w Nwo.: 1100 West 116th Ave ar PO Pox NM I Westminster, CO 80234 - S form --- • { L.G.Everist,Inc. I 7321 East 88th Ave.Ste.200 Henderson CO 80640 i t U.S. Postal Service r- CERTIFIED MAIL RECEIPT m rocmestle 1.1.14/Only: 1v,Insurance Coverage Provided) a ...D Poemos I L� 0 L.- 0 CerUMd Fes �i! •; rj O ( Return Receipt E Fee ere _n (Endorsement Rewired) }��+Mr. CI (A YAequest ru lboel Poeteay.4 Few 3,2_4/ # O LS - rK o Tri-State Generation & Transmission i - ;- 1100 West 116th Ave or PO Dear Me. a, aline Westminster, CO 80234 PS Form 3.Cr, J ID ------ L.G. EVERIST, INC. CORPORATE OFFICE 300 S.PHILLIPS AVE.-SUITE 200 • P.O.BOX 5929 SIOUX FALLS,SD 57117-5829 PHONE 605.3345000 FAX 605.334-3858 MOUNTAIN DIVISION 7321 E.98TH AVENUE.SUITE 200 • HENDERSON.COLORADO 80840 303-287-9606 December 22,2009 FAX 303-289-1348 Last Chance Ditch Company Attn: Harold E. Nelson 11955 WCR 15 Longmont, CO 80501 RE: Damage Reimbursement Agreement L.G. Everist, Inc.-Firestone Gravel Resource,Permit#M-1996-052 Dear Mr. Nelson: L.G. Everist, Inc., is making an amendment to their Colorado Mined Land Reclamation(MLR)permit to extract construction materials from a tract of land located in Parts of Section 32, T-3-N, R-67-W,6th P.M., Weld County, Colorado. State MLR law requires the permit applicant to agree to reimburse the owner of any structures within 200 feet of the mining area for damage done to the structures as a result of the permitted operation. We believe Last Chance Ditch Company owns the structures listed below. According to the MLR law your signature on this agreement must be notarized. • L.G. Everist, Inc. agrees to reimburse Last Chance Ditch Company for any damage done to the structures listed below as a result of the proposed mining operation. Your acknowledging signature and a notary seal in the spaces provided below should satisfy the MLR law reimbursement requirement. Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned the executed agreement to us. We have also enclosed a second copy of this letter that you may keep for your files. Thank you for your cooperation. Sincerely, ACKNOWLEDGED BY: Last Chance Ditch Company By Lynn M. Shults Title _ Regulatory Manager cc: Division of Reclamation, Mining & Safety STATE OF ss. COUNTY OF Structure list: 2-irrigation ditches(Last Chance, Side Hill) The forgoing was acknowledged, subscribed and sworn to before me, a Notary Public, this day of . By • Notary Public My commission p _ expipres: FIRE-StructureLtrs-Dec2009.doc-via Certified Mail# 700Z Alb c l: 1 0 '/3itk? • • U.S P.3:a:)I S... 'encc P. N N CERTIFIED MAIL RECEIPT • m sr lr'r**� — rn m (,�:.13Cs'iC:".72,10::!;. P. I;3rL'.t:' C::..e.,,:t it o...te:'1 m mavei,� __ E1OFFtd1AL USE rl ..,, ...a ..o Poe*** 1 ca `- 4 o 0 -'' L7 Q Gp�rtg3�d feePalm* • '' : c._"." INNIIIIIMMINIIINimmt' k3 Ru6kfedD.lwYFr • O Q b ! Wrti ru wa fh.I;.plr a few $ • o � .`'' o o Last Chance Ditch Company CIN Q S.,,tTo Attn: Harold E. Nelson viiii +vt_Pk 11955 WCR 15 °'P°S°`I Longmont, CO 80501 • • . • L.G.Everist,Inc. 7321 East 88th Ave.Ste.200 Henderson Co 80640 N U.9 Po,tal Scr.,r.,r m CERTIFIED MAIL RECEIPT m (0omos!c 1.t:).;o:owv r., . ..i.,• c ,;•(••".. • ....,u,..,. O -.0 OFFICIAL USE .D PD.taGe $ „ Cl CI CA tN,ed Fee r 4( O Al Rehm Fee # •4L (Endorsement Re aired, __ }r er) -3 Rest,cted Dsf+ey FM K� ��+ Q (Endorssrrwd R.gc�sct) t . �,r ti TowPos .af... $ - O' c o r Last Chance Dit Attn: Harold E. Nelso Stn m 11955 WCR 15 or PO Box Na Longmont, CO 80501 cnx State,27F PS Form 36O �� • Agreement Owens Brothers Concrete Co. has made application to the Colorado Division of Minerals and Geology for a permit to mine sand and gravel. The property is located in Section 32, Township 3 South, Range 67 West in Weld County, Colorado. Rule 6.4.19 of the Colorado Mined Land Reclamation Board (Construction Material Rules and Regulations, January, 1996) requires the permit applicant to provide a notarized agreement between the applicant and the owners of any permanent man- made structure within 200 feet of the affected land. The agreement must state that the applicant will provide compensation for any damage caused by the mining operation to any structure within 20O feet. Owens Brothers Concrete Company agrees to provide compensation for any damage caused by the sand and gravel mining operation to the structure listed below (which is located within 200 feet of the affected land!. STRUCTURE WITHIN 200 FEET OF AFFECTED LAND • Irrigation Ditch OWNER OF STRUCTURE Last Chance Ditch Company A E • • • (fliwens Brothers Concrete Co. - Title) • 4 r-,6' 14, t ci ci(v Date NOTARY State of Colorado City, County of D,4 ►z,S The foregoing was acknowledged before me on this Ly H day of Y.t n t , AD, 1996 By My commission expires: 1 Q• ,1,q Notary Public: Amf2413Co„ .tom AGREED: Date Notary • State of Colorado City, County of to Q h The foregoing was acknowledged before me on this v7 Le Day of 1996 By 1 -1,eA1<_ My commission expir _P'ur?utAttvik fErtiti Notary Public:i -Kt, • ; LA ! INDUSTRIAL REALTY ASSET MANAGEMENT, LTD. Real Estate Services for the Mining and Construction Industry Nationwide June 14, 1996 Introit! Nelson, Secretary Last Chance Ditch Company 11955 Weld County Road 15 Longmont, Colorado 80504 RE: STATE MINING PERMIT APPLICATION - OWENS BRO"1-I IERS WELD COUNTY COLORADO PROPERTY AT COUNTY ROAD 26 &3/4 AND WELD COUNTY ROAD 15 ID Dear Harold: As you know, the Weld County Commissioners approved the Use by Special Review for this project with 25 foot setbacks from the property boundaries and internal property lines, including easements. We are now preparing the application for the State Mined Land Reclamation Board permit and one of the requirements is that if we are closer than two hundred feet from any significant man-made structure that we must have a written, notarized agreement with the owner of the structure whereby Owens agrees to compensate the owner for any damage caused by the mining. The Last Chance Ditch is within this 200 foot requirement and is considered a significant man-made structure. We have setback the Weld County required 25 feet from your easement boundary. The State requires this standard form agreement for mining within the 200 feet. We therefore need an agreement with the Last Chance Ditch Company. Enclosed is • PAUL B.GESSO 7415 West Sib Ave.,Suite 216 • Lakewood,CO 80226 •Office(3031 2744777 • Home(303)231.1050•Me(303)8841926•Fax(3031 2744277 • the standard agreement farm signed by Owens Brothers Concrete Company for Last Chance Ditch Company approval and signature. Please return this form to me after it is signed and notarized in the enclosed stamped envelope: If you have any questions about this State requirement or about the agreement form, please call. Thank you. • Sincerely. Paul G. Gesso_ MCR Consultant to Owens Brothers Concrete • • L.G. EVERIS 1 , INC. CORPORATE OFFICE I 300 S.PHILLIPS AVE.•SUITE 200 P.O.BOX 5829 SIOUX FALLS.SD 57117-5829 • PHONE 605-334-5000 FAX 605-334-3666 MOUNTAIN DIVISION 7321 E.88TH AVENUE-SUITE 200 HENDERSON,COLORADO 80640 303.287-9606 December 22, 2009 FAX 303-289-1348 Joseph, Jr. &Judith Timko 7095 CR 26.75 Longmont. CO 80504 RE: Damage Reimbursement Agreement L.G. Everist, Inc.-Firestone Gravel Resource,Permit#M-1996-052 Dear Mr. and Mrs. Timko: L.G. Everist, Inc., is making an amendment to their Colorado Mined Land Reclamation (MLR) permit to extract construction materials from a tract of land located in Parts of Section 32, T-3-N, R-67-W,6th P.M., Weld County, Colorado. State MLR law requires the permit applicant to agree to reimburse the owner of any structures within 200 feet of the mining area for damage done to the structures as a result of the permitted operation. We believe Joseph, Jr. & Judith Timko own the structures listed below. According to the MLR law your signature on this agreement must be notarized. L.G. Everist, Inc. agrees to reimburse Joseph,Jr. &Judith Timko for any damage done to the structures listed below as a result of the proposed mining operation. Your acknowledging signature and a notary • seal in the spaces provided below should satisfy the MLR law reimbursement requirement. Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned the executed agreement to us. We have also enclosed a second copy of this letter that you may keep for your files. Thank you for your cooperation. Sincerely, ACKNOWLEDGED BY: Josep Jr. & J di T. 'kg/ _ M6A/16> Lynn M. Shults Title Regulatory Manager CC' STATE OF CGlt;yttda Division of Reclamation, Mining &Safety -- ) ss COUNTY OF 6t,'fd e Y Structure list. The forgoing was acknowledged, subscribed 2 Houses, fences and sworn to before me, a Notary Public, this j1141 day of Ft?Dr inq 119 , 41;'10 . BYALL041 ; 'C' JENNIFER BITTERMAN NOTARY PUBLIC Notary Public STATE OF COLORADO My commission expires: 1i'1�CJ�ljly • My Co bh Exp me:October 20,2010 FIRE•StructureLtrs-Dec2009.doc-via Certified Mail# ` W•a � � T yeA0,-/ L. . 1/ Y l.�ltl 1 , INC. CORPORATE OFFICE S. •SUITE 200 P.O.BOX 5829 • �� SIOUX FALLS.SD 57117-5829 PHONE 805-334-5000 FAX 605.334-3656 MOUNTAIN DIVISION 7321 E.88TH AVENUE SUITE 200 HENDERSON,COLORADO 80640 303.287.9606 December 22, 2009 FAX 303-289.1348 Pasquale&Jacqueline Varra 8120 Gage St Frederick, CO 80516 RE: Damage Reimbursement Agreement L.G. Everist, Inc.-Firestone Gravel Resource, Permit#M-1996-052 Dear Mr. and Mrs. Varra: L.G. Everist, Inc., is making an amendment to their Colorado Mined Land Reclamation (MLR)permit to extract construction materials from a tract of land located in Parts of Section 32, T-3-N, R-67-W,fitn P.M., Weld County, Colorado. State MLR law requires the permit applicant to agree to reimburse the owner of any structures within 200 feet of the mining area for damage done to the structures as a result of the permitted operation. We believe Pasquale &Jacqueline Varra own the structures listed below. According to the MLR law your signature on this agreement must be notarized. L.G. Everist, Inc- agrees to reimburse Pasquale &Jacqueline Varra for any damage done to the structures listed below as a result of the proposed mining operation. Your acknowledging signature and a • notary seal in the spaces provided below should satisfy the MLR law reimbursement requirement. Please return this agreement within 30 days of receiving It if at all possible. Enclosed is a stamped addressed envelope so you can returned the executed agreement to us. We have also enclosed a second copy of this letter that you may keep for your files. Thank you for your cooperation. Sincerely, ACKNOWLEDGED BY. Pasqua Jacqueline Varra 01494/6 Lynn M. Shults Title . /tom Regulatory Manager cc: STATE OF ado talk Division of Reclamation, Mining& Safety ) ss- COUNTY OF frOeld_ Structure list. The forgoing was acknowledged, subscribed House, 4 strand wire fence and sworn to before me, a Notary Public, this /PO,56( : day of &bn�/ _, �� BY Pte ( JP Y G?•--c c-1 - V Notary Publi QA erej, My commission expires: /0//3)/ • FIRE-Structureltrs-Oec2009.doc-via Certified Mail#_7CO2 CitO4Z5 p x190 <i2QQ Y ,�-v . EVE RI T '` 1 , INC. • CORPORATE OFFICE !v GT L V r RI S 1 1,.� 300 S.PHIWPS AVE. SUITE 200 • P.O.PDX 5829 67_ SIOUX FALLS.SD 57117-5829 PHONE 605-334-5000 FAX 805-334-3656 MOUNTAIN DIVISION 7321 E.88TH AVENUE-SURE 200 HENDERSON.COLORADO 80640 303.287.9606 December 28,2009 FAX 303.289.1348 Herbert L.Acord Acord St Vrain Valley Ranch LLC 7541 CR 26.75 Longmont,CO 80504 RE: Damage Reimbursement Agreement L.G, Everist,Inc.-Firestone Gravel Resource, Permit#M-1996-052 Dear Mr. Acord: L.G. Everist, Inc., is making an amendment to their Colorado Mined Land Reclamation(MLR)permit to extract construction materials from a tract of land located in Parts of Section 32,1-3-N, R-67-W,6th P.M., Weld County, Colorado. State MLR law requires the permit applicant to agree to reimburse the owner of any structures within 200 feet of the mining area for damage done to the structures as a result of the permitted operation. We believe the Acord St Vrain Valley Ranch LLC owns the structures listed below. According to the MLR law your signature on this agreement must be notarized. L.G. Everist, Inc.agrees to reimburse Acord St Vrain Valley Ranch LLC for any damage done to the • structures listed below as a result of the proposed mining operation. Your acknowledging signature and a notary seal in the spaces provided below should satisfy the MLR law reimbursement requirement. Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned the executed agreement to us. We have also enclosed a second copy of this letter that you may keep for your files. Thank you for your cooperation. Sincerely, ACKNOWLEDGED BY: Acord St Vrain Valley Ranch LLC 4/1/161114/t By Lynn Mayer Shults Title All 6 JQ _ Regulatory Manager lOratic STATE OF J[_�_�...�__._ ss. Division of Reclamation,Mining&Safety } COUNTY OF Uj�.tol } Structure list: The forgoing was acknowledged, subscribed and sworn to before, me, a Notary Public, Garage.House, wood shed, barn, fences this 1.1-#t—`'day of ( xwicz.r L41. By } r-I L a-co(Ca' Notary Pub;}is_ My commission exp>.res: EXNEES 0311312010 FIRE-StructureLtrs-Dec2009.doc-via Certified Mail* 706 21 Sp 000_3 4071 7Z0O 1_,. G. Et JTT-jT T' INC. CORPORATE OFFICE L V .L.�V 1 300 S.PHILLIPS AVE •surrE 200 P.O.BOX 5829 SIOUX FALLS,SD 57117-5829 PHONE 605334-5000 FAX 605-334-3858 MOUNTAIN DIVISION 7321 E.BETH AVENUF•SUITE 200 HENDERSON,COLORADO 80640 303.287-9606 December 22, 2009 FAX 303.289-1348 Joseph C &Carol J Weber P O Box 72 Golden, CO 80402 RE: Damage Reimbursement Agreement L.G.Everist,Inc.-Firestone Gravel Resource,Permit if M-1996-052 Dear Mr. and Mrs.Weber: L.G. Everist, inc., is making an amendment to their Colorado Mined Land Reclamation(MLR)permit to extract construction materials from a tract of land located in Parts of Section 32, T-3-N, R-67-W, 6th P.M., Weld County, Colorado. State MLR law requires the permit applicant to agree to reimburse the owner of any structures within 200 feet of the mining area for damage done to the structures as a result of the permitted operation. We believe Joseph C &Carol J Weber own the structures listed below. According to the MLR law your signature on this agreement must be notarized. L.G. Everist, Inc. agrees to reimburse Joseph C &Carol J Weber for any damage done to the structures listed below as a result of the proposed mining operation. Your acknowledging signature and a notary • seal in the spaces provided below should satisfy the MLR law reimbursement requirement. Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned the executed agreement to us. We have also enclosed a second copy of this letter that you may keep for your files. Thank you for your cooperation. Sincerely, ACKNOWLEDGED BY: Joseph C &Carol J Weber /1/0)1141"E_S � a By≤�C L R CR'-icy r 'L!.�1 I. Lynn M. Shults Title �� cf---- ��'1• Regulatory Manager cc: STATE OF l-•-4 Division of Reclamation, Mining & Safety , ) ss. COUNTY OF `�-=44t'7'yt,.c. ) Structure list: ��,,.•... ••..., The forgoing was acknowledged, subscribed Cemetery, wire fence N and sworn to bef o e me, a Notary Public, ••• Of. , \ i, this 15 - day of rr �L ,fie /4y. } T1OT - • --sir_ By • -t. VBLIC / v f •• ^•� Notary Public C0. ,. My commission expires: , // FIRE-StrUctureLtrs-Der2009.dOc-via Certified Mail* 7i'z Oa(vc cX d tS! 7 29" L• • VL' L� L 11J 1 , INC• CORPORATE OFFICE 300 S.PHILLIPS AVE,•SUITE 200 P.O.BOX 5829 • SIOUX FALLS,SD 57117.5829 PHONE 605.334.5000 FAX 605-334-3858 MOUNTAIN DIVISION 7321 E.88TH AVENUE•SUITE 200 HENDERSON,COLORADO 80640 303-287.9606 December 22, 2009 FAX 303.289-1348 Central Weld County Water District Attn: Board Members 2235 2nd Ave Greeley, CO 80631 RE: Damage Reimbursement Agreement L.G. Everist, Inc.-Firestone Gravel Resource, Permit#M-1996-052 Dear Board Members: L.G. Everist, Inc., is making an amendment to their Colorado Mined Land Reclamation(MLR) permit to extract construction materials from a tract of land located in Parts of Section 32, T-3-N, R-67-W, 6th P.M., Weld County, Colorado. State MLR law requires the permit applicant to agree to reimburse the owner of any structures within 200 feet of the mining area for damage done to the structures as a result of the permitted operation. We believe Central Weld County Water District owns the structures listed below. According to the MLR law your signature on this agreement must be notarized. L G. Everist, Inc. agrees to reimburse Central Weld County Water District for any damage done to the • structures listed below as a result of the proposed mining operation. Your acknowledging signature and a notary seal in the spaces provided below should satisfy the MLR law reimbursement requirement. Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned the executed agreement to us. We have also enclosed a second copy of this letter that you may keep for your files. Thank you for your cooperation. Sincerely, ACKNOWLEDGED BY: Central Weld County Water District &4167M16 By Lynn M. Shults Title &e er.21 /ltAn(Li. J" Regulatory Manager STATE OF LnlOralo _ ) cc: ) ss. Division of Reclamation, Mining& Safety COUNTY OF weld The forgoing was acknowledged, subscribed Structure list: and sworn to before roe, a Notary Public, Water line, building, sewer line, chainlink fence this 2e1 day of ,err Prch.ede,.._.._.._, 2404 - BY J oh h ..w. Notary Public ekt,,zzuw, My commission expires: 6-a—,2D/3 • FIRE-StructureLtrs-Dec20D9 doc-via Certified Mail# !oz CR1dd to( (O ti+O 933 . • SET-BACK AGREEMENT This Set-Back Agreement(hereinafter referred to as the"Agreement") is between L.G.EVERIST,: INCORPORATED an Iowa corporation, whose address is 7321.East 88"Ave., Suite 200,Henderson, CO 80640(hereinafter referred to as"Everist,")and Sinclair Transportation Company;doing business as SINCLAIR PIPELINE COMPANY,a Wyoming Corporation,whose address is 550 East South Temple,Salt Lake City, Utah, 84102 (hereinafter referred to as"Sinclair"and/or"Structure Owner"). This Agreement is dated and made effective this AO id day of December,2007. WITNESSETH • WHEREAS,Everist is the owner(hereinafter also referred to as the"Owner")of two real properties,the first of which is known by street and address as 7497 County Road 26 Weld County,.Colorado; and the second of which is known by street and address as 7662 County Road 26.75 Weld.County,.Colorado.. The legal descriptions of the two aforementioned properties.are more particularly described:in.Exhibit A and are depicted in Exhibit 13 of this Agreement(the"Property'). • WHEREAS, Owvner''s aforementioned Property is encumbered in part by.a pipeline"Right of Way Easement"which was recorded at Reception 14081656'on May 13, 1963 in the office of the Clerk and Recorder of Weld County. Colorado (the"Right of Way") WHEREAS,Owner(hereinafter referred to as the"Grantor")is the legal successor to Robert O.Nelson • who was the original Grantor of the Right of Way. WHEREAS,Sinclair(hereinafter referred to as the"Grantee")is the owner of the existing pipeline, which crosses Grantor's Property and which is allowed within the said Right of Way. WHEREAS,Grantor and Grantee amended said Right of Way in order to define the width of the easement area,to relocate the easement area including the existing pipeline, and to allow Grantee the right to install an additional pipeline within the easement area by way of that certain "Amendment to Right of Way"which was entered into and made effective as of the 23rd day of March,2007 (hereinafter referred to as the"Amendment"and/or the"Amended Right of Way")and which said Amendment was recorded at Reception 3514284 on October 30,2007. • WHEREAS,Owner/Grantor(hereinafter referred to as the"Operator")proposes to permit,develop, mine and operate the Property for the purpose of extracting Construction Materials,including sand, gravel and other products(hereinafter referred to as the"Mining Operation"as defined by the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials promulgated October 1995 and as amended August 2006)with a planned end- use of the reclaimed Property being its development for water storage. recreation,agriculture, a planned unit development and/or other lawful use. WHEREAS.Grantee's pipelines are considered to be significant,valuable or permanent man-made structures(hereinafter referred to as the"Structure") which are located within 200 feet of the limits of the Operator's proposed Mining Operation. • 1 Set•litek Agrccmcnt bctwCCf L.(1 Everist.Inc and Smela,r Pipeline Company WHEREAS,.Grantee as the owner of the.Structure is hereinafter also referred to as the"Stricture Owner". WHEREAS,Operator(hereinafter referred to as the"Applicant")wishes to obtain a Section 112 Reclamation Permit from the Colorado Division of Reclamation,Mining and Safety which is required for its planned Mining Operation(hereinafter referred to as the"Permit"). WHEREAS,Colorado Division of Reclamation, Mining and Safety (hereinafter referred to as"DRMS") requires that the Applicant for a Section 112 Reclamation Permit and/or for an Amendment to such a Permit must contact the Owner of any aforementioned.Structure located within 200 feet of the limits of the Applicant's proposed Mining Operation,and either: I. Provide the DRMS with a notarized Agreement between the Applicant and the Structure Owner, stating that the Applicant is to provide compensation to the Structure Owner for any damage to the Structure caused by Applicant's activities; 2, Provide the DRMS an appropriate engineering evaluation which demonstrates that such Structure shall not be damaged by Applicant's activities occurring at the Mining Operation on the Property to be permitted if the aforementioned Agreement can not be reached;or 3. Provide the DRMS with a notarized letter in the case where such Structure is a utility,on utility letterhead, from the owner(s)of the utility (Structure Owner)stating that the mining and reclamation activities, as proposed, will have"no negative effect"on their utility. • WHEREAS,Applicant plans to permit the Property so that it may carry out its proposed Mining Operations and end-use development to within 10 feet of the Property boundaries and within 200 feet of the aforementioned Structure which is located within and/or immediately outside the proposed Permitted Property boundary. WHEREAS, Structure Owner wishes to be assured it will be indemnified and held harmless should the Structure be damaged by Operator's proposed development,mining and reclamation operations and/or end-use development. NOW THEREFORE, In consideration of the performance of the covenants and promises made herein, and other good and valuable consideration paid,the sufficiency of which are hereby acknowledged by the parties to this Agreement,Everist as the Applicant and Sinclair as the Structure Owner do hereby agree to provide the DRMS with this notarized Agreement between the Applicant and the Structure Owner, stating as follows: 1. Structure Owner understands based on Applicant's representations to Structure Owner that the mining and reclamation activities will have"no negative effect"on the Structure Owner's Structure. 2. Applicant hereby agrees to indemnify and hold Structure Owner harmless for any damage that Applicant's Mining Operations do to the Structure. 3. Structure Owner agrees not oppose any of Applicant's plans and efforts to permit, develop, mine and/or operate this Property for the purpose of extracting sand,gravel and any other Construction • Materials with the planned end-use of the reclaimed Property being its development for water 2 Sci-flack Agreement betueen I. Cs I'verist.in, and Sinclair Pipeline Company • storage,recreation,agriculture, a planned unit development and/or other lawful use, including, but not limited to,Applicant's efforts to obtain a DRMS 112 Reclamation Permit and/or a Weld County Use by Special Review Permit for its proposed Mining Operation. 4. Structure Owner agrees to allow Applicant the right to mine to within 25 feet of the centerline of Structure Owner's 50-foot pipeline Right of Way; that is, the crest the sand and gravel pit excavation will be allowed to start at the edge of the 50-foot wide Amended Right of Way. 5. Owner will be allowed to mine the ultimate pit so that the slope of the pit adjacent to the Right of Way will not be steeper than 0.5: 1 (horizontal: vertical). 6. Owner will be required to reclaim the slope of the ultimate pit to a final reclaimed slope of 3:1 (horizontal: vertical)wherever Everist mines within 200 feet of Sinclair's Structure. 7. Owner will not blast within 200 feet of the Structure Owner's Right of Way and will not drill within the Structure Owner's Right of Way. 8. Owner's design of the reclaimed pit slope will be performed by a professional engineer licensed in the State of Colorado. 9 This Agreement is the entire agreement between parties concerning the subject matter hereof and may not be modified except in writing executed by both parties. 10. In respect to all covenants,agreements and obligations contained in this Agreement and the rights and obligations created hereby shall be binding upon and shall inure to the benefit of the Owner and Structure Owner and their respective successors and assigns,if any. 11.This Agreement and its application shall be construed in accordance with the laws of the State within which the Project is located. Owner and Structure Owner agree that venue for any legal action regarding this Agreement shall be the District Court in and for County within which the Property is located. • 12. Any provision or part of this Agreement held to be void or unenforceable under any applicable Federal. state,or local law,rule or regulation shall be deemed stricken and all remaining provisions shall continue to be held valid and binding upon Owner and Structure Owner who agree that the remaining provisions or parts of this Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 13. No other provisions are included as part of this Agreement. [Remainder of page intentionally left blank) 3 art-Itacl, -irtcemenl bemeen I. (:1 fiver, I.Inc.and Sinelou Pipeline Company • IN WITNESS WHEREOF,Owner and Structure Owner have signed this Agreement in duplicate. One counterpart each has been delivered to Applicant and Structure Owner. All portions of the Contract Documents have been signed, initialed or identified by Applicant and Structure Owner. OWNER: STRUCTURE OWNER: L. G.Everist, Incorporated Sinclair Transportation Company an Iowa corporation a Wyoming Co oration -./�,,,U-,,., _. ...,�,4-,e�. By: c By: (Signature) (Signature) APoto\..... o 7 Name: o ,S l`" .2-/4,3 Name: l - ilc. \c.,t'c.r te...., Title: lip /2) {?i _ ; . _..1i. Title: k.)tiw N?rcdv e....S Date: 1/7/0 g Date: i z./zo jo-7 Address of Owner for giving notices: Address of Structure Owner for giving notices: L. G. Everist, Inc. Sinclair Transportation Company 7321 E. 88th Avenue, Suite 200 550 East South Temple, Henderson, Colorado 80640 Salt Lake City, Utah 84102 0 Attn: ' y'1t f l e k ? Attn.: fl‘,.,r\t jv- s'ec "c c...-- Telephone No.: l' ' Z'Z"44? Telephone No.: INE:)\ '5Z.1-\ 'x.`$52.,. State of (., v,,fatio ) State of i-A,K ) � )ss. ) ss. County of tiVIIA'9.' ,) County of ,at+ L.t. ) The foregoing A ement w's acknowledged The foregoing Agreement was acknowledged before me this '-day of - t(lir before me this ,20$day of 1).,temrtkat- 20 os by IWIAC"; Ref k7 , 20_01_ by m AKA, pl. Q..cdr ,, V.6e.Pv i✓4ev1 t of ){Ca- f? is Aa of L. G. Everist, Incorporated, an Iowa Sinclair Transportation Company, a Wyoming corporation. corporation Witness my hand and official seal Witness my hand and official seal \x`11 ultH+irtu�p��li My C ` ;�a�rnr• �� tiV (�'i 24771 My Commission Ex.fires: . NOTARY :O 11,= : 0.-•-.0 : = , MU UWE COX• • .-• 560 MST SOWN 141 �, SEA1. , o,06120 fS�AL cicl•liack Agrecnxni beMrcn 1. G !..wrist.inc and Smelly Pipeline Company IINotary Public Notary Public fb.us.2(>80574.01 12/1212(07 7:44 AM • • • 5 Set-Back Aerccment bct•accrt L.G L:%crt t,Inc and Sinclair Pipeline C'nmpan) • EXHIBIT A To SET-BACK AGREEMENT Between L. G. Everist, Incorporated and Sinclair Pipeline Company Legal description of the Robert O. Nelson property which was purchased by L. G. Everist, Inc.and recorded at Reception 3444104 on December 28, 2006 in the office of the Clerk and Recorder of Weld County,Colorado: "All that portion of the West Half (W1/2) of the Southeast Qum:ter (SE 1/4)/4) and the hest Half (W1/2)of Section 32.Township 3 North,Range 67 West, lying East of the right of way of the Union Pacific Railroad Company as the same now exists across said premises,except any existing rights of way for highways and ditches, and except five (5) acres in the Southeast corner of said premises heretofore reserved for use as a cemetery,County of Weld,State of Colorado. Together with, All right, title, and interest in and to the right of way of the Dent Branch of the Union Pacific Railroad Company lying southeasterly of the centerline of the main track of said Railroad as was originally constructed and operated through the West Half of the of Section 32, Township 3 North. Range 67 West of the 6th P.M. in Weld County, Colorado." Legal description of the Dorothy Alice Mcl!ale Property which was purchased by L. G. Everist, Inc. and recorded at Reception 3327251 on September 29, 2005 in the office of the Clerk and Recorder of Weld County,Colorado: "The Southwest Quarter of the Northeast Quarter and the South Half of the Northwest Quarter of the Northeast Quarter of Section 32. in Township 3 North, of Range 67 West, except a strip of land conveyed to the Union Pacific Railroad Company April 26, 1909 in Book 300 at Page 469, and subsequently conveyed to the Town of Firestone March 19, 1997 at Reception No. 2538622, County of Weld. State of Colorado." 6 ties-lack Agreement b.t een L.(.keri.t Inc and Sinclair Pipeline Company •in g . pi : 4 4 4 4 II f li 11: It P i i 41 4 atia.„,„„74 411 4‘. >,001. 4 i : 4 .1 Icy• •-•.,4, . a m 1 :a' 3 o v m m .tN ..-.1; �II ' } ter % ' a a 'm . . !' i E3 5 m o b a gJ � 1 al I Na- Pr m 6r N = p � � a r m m 4.o `i- a it ' / Fi g ti a ter 10 ill c 'ri v ar ^�I t : - ,r.,4f.:.4 .. s IA a In Ti 1 : - r'_ _ 4 S y 1 r• ••C-z. lel l� 4 Ij , S / 3 . r • , • ? uy f 1 r . 1 ' ' 4f I %relw.►� Y r i 4:1 .t f i 4.1 uM • .6 rinila ' , n 1 -� .. Irr k 4e0• 2 RI J • I• `' 0 Y r Ttltaara •• 61Z rl x ~' • t I vn + c 1 ''1 — {. . It j 1 f ' - gI • i 1 f i r' ,, k 1 Pr• ,, • KIM Ind /' _ \‘‘,► _ 1 •.� -- 4 - •7. . , % 4 IS • I... t se W Cl I11144 T i_ t . T a is " '�"'.9 era@ us, ..1- - -- co a -) b . 4 0 ? _ 'FEB-06-1996 07:29 NARC0 30 3061918J rte.r11Amm • • 4-,. ' IC4N Ie CE 8 CONCIRAZier • r r\ ale ri} DENVER DISTRICT OFFICE l 17'00 BROADWAY, surrE 506, DENVER, COLORADO 80290 TELEPHONE (303)881-9193 l ebruary 6, 1996 WELD COUNTY DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1400 N. l7th Avenue Greeley,CO 8053I Attn:Ms.Shani L.Eastin Current Planner FAXED FIVE PAGES(INCL.COVER)TO(970)352-6312 Re:NOTICE OP NO OBJECTION TO USE BY SPECIAL REVIEW-CASE NUMBER USR-1 102 7'ownshin 3 North..Rams 67 West Section 32:SW/4 Weld County,Colaracio Dear Ms.Eastin, Please allow this letter to serve as formal notice that North American Resources Company (NARCO)has reached agreement with Owens Brothers Concrete Company insofar as developing its mineral resources under the captioned lands In Weld County,Colorado.A copy of that agreement is pro vided for your review. Insofar as the proposed Spacial Review Case Number USR-1102 does nor conflict with the intent as set forth in NARCO's letter agreement dated February 5, 1996 with Owens Brothers Concrete Company, • NARCO does not object to Owens use by Special Review being approved for those lands listed in the Special Review application. Thank you for your assistance in this matter.If you have any questions or If I may be of assistance in any way,please call me at(303)861-9183,ext_216. Sincerely, NORTH AMERICAN RESOURCES COMPANY ifYUP Michael T.Holland Senior Landman cc:mth.Owens Brothers Concrete Company VYID COUN nr PLANNING a FEB 5 1996; ,] ECEIVE 02/06/96 07:31 TX/RX NO.3061 P.001 FEB-05-1`J'3G 15:56 MARC0• 3038619103 P.01/@5 Date: 02/06/96 To: Mr.John Owens Owens Bros.Concrete Co. 5550 Sheridan Blvd. Arvada,CO 80002 FAX 429-5916 From: Michael Holland North Anted=Resources Company FAX 861-1636• • RE: Joint Surface Use Agreement Portions of the Wf2 Section 32,T3N-12.67W Weld County.Colorado FIVE PAGES,INCLUDING THIS COVER CC: Sham Eastin,Wald County Department of Planning Services Mr. Owens. I have Just heard from Don Kiene that the letter agreement faxed this afternoon is acceptable to you. The originals will be dtsttlbuttd for formal signature. However, due to the short period of time before the Weld County hearing, I am faxing you another executed copy of the agreement for you to execute and return to me by fax this afternoon. Please execute your signature as an authorized party for Owens Brothers Concrete Company and return the fax to me at the number listed above to signify your formal approval.A copy will be sent to Weld County. • Thank you for your prompt attention to this matter. If you have questions, please call me at(303) 861-9183,ext. 216. FEB 51996, Poett-le Fax Nob 767, � Z` 1 f �. 'S— r.I To An1 Ek 1 • .rrnret. 14t,e+ lI G[ -t- - i_t,3b 08/22/95 Confidential • 02/05/96 15:58 TX/RX NO.3059 P.001 FEn-05-1996 15;56 l t-A 3038619183 P.02/05 • • 1 Ta XCAN RJS E OB O I;t 1 \ (* OEi+AIER DISTRICT OFFICE �-= 1700 BROADWAY. SUITE 508, DENVER. COLORADO 8040 TELEPHONE (303)561-9183 February 5, 19% Mr.John Owens Mr.Make Owens Owens Eros.Concrete Co. - 5550 Sheridan Blvd_ Arvada,CO 80002 RE: Joint Surface Use Agreement Portions of the W2 Section 32,T3N-R67W Weld County,Colorado Gentlemen: North American Resources Company("NARCO")is the successor owner of rights under an oil and gas lease,dated May 27, 1983,recorded at Book 996,No. 1926973,from Johan H.Pivonka,and Lorraine I..-Pivot lea, Lessors.and The Vessels Company,Lessee.coveting the following lands in Weld County,Colorado: 1.0I01.11111 3 North.Range 67 West 6di P.M Section 32: All that part of die W12,lying West of the Eight-of-Way of Union Pacific Railroad and EXCEPT that portion tying North of the center of Public Highway • described in Book 296,Page 556 of the Weld County records containing 108.46.nil(thy"LANDS"). Owens Bros.Concrete Co_( OWENS")is the owner of die snrilsce and minerals,other than oil and gas,of the LANDS,by virtue of the Deed,dared April 19. 1985, recorded et T3ook 1066.no.2006658, between John H.Pivonke and Lorraine L.Pivonlca,Grantors,and Owens Bros.Concrete Co.,Grantee. NARCO currently conducts oil and gas ieesehold operations on the LANDS and anticipates future operations on the LANDS. OWENS anticipates conducting sand and gal mining operations on portions of the LANDS. Both NARCO and OWENS wish to conduct their operations concurrently on the LANDS with minimal intestsrenca and damage to one mother's operations,facilities,and access. Consequently,in consideration of the mutual promises contained in this letter agreement,OWENS and MARCO agree to the following: 1. OWENS will conduct its operations in accordance with its Use By Special Review Application Mining Permit submitted by data of November 7, 1995,Weld County Department of Planning Services Case No. USA-1102,and with all applicable statutes,laws,rules,and regulations. • 02/05/96 15:58 TX/RX N0.3059 P.002 FEB-05-199 15=56 r�RCD 30 619183 P.@3i@5 • Owens Brothers February 5, 1996 Page 2 of 3 2. MARCO will eeed'+et its operations in accordance with its oil and gas lease descried above and with all applicable statutes,laws,rules,and regulations. 3. NARCO is presently aware that it will require a dritlsfte location,producing well site, related surface facilities,and access to a locadon on or near center of the NW/4SW/4 of the subject Section 32. Such location will consist of a drillsite,approximately 400 ft.by 400 ft in size,a long-term production facility approximately 200 ft.by 200 ft.in size around the producing well or walls,and continued access to the the which is acceptable to MARCO. OWENS agrees that it will conduct its operations in such a way as to provide MARCO with such drilling and facilities site sad aircess without cost to NARCO. 4. OWENS will make all reasonable efIotts to avoid interference with MARCO's present opesatfooa;and,TIARCO will make all reasonable efforts to avoid intesibrence with OWENS' operations. OWENS will compensate NARCO for damages to NARCO resulting directly and indirectly by OWENS' operations and ownership of the LANDS;and,MARCO will compensate OWENS for damages to OWENS resetting directly or indirectly(torn NARCO's operations. 3. OWENS and NARCO will each Indemnify and hold the outer harmless for damages to persons or property resulting directly or indirectly from Its operations and ownership of the LANDS, whether such damages resutt from action or Amides-to act. 6. NARCO shall notify OWENS of its intention to conduct drilling,workover,or other similar , operations on the LANDS at least thirty days prior to initiation of such operations. It is anticipated that NARCO's operations will occur within that radius as set forth in attached Exhibit "A".Prior to initiating such operations,MARCO shall describe the nature and extent of such operations to OWENS and consult with OWENS with regard to the precise locations of access roads,pipelines,gathering lines,tank batteries,and other related facilities so as to minimize any • surface interference with OWENS'gravel operations.However,it is understood chat NARCO u obligated to conform to rules and regulations as eistablished by the Sieve of Colorado Oil and Gas Conservation Commission.OWENS agrees to assist NARCO in establishing a drilisite and access road to enable MARCO to conformer with those rules and regulations. 7. OWENS shall notify MARCO of its intention to conduct mining operations within 200 feet of NARCO's existing or anticipated facilities and access routes at least thirty days prior to initiation of such operations. 8. In the event that NARCO should require new drillsite and faculties locations,and/or access to them,in addition to that provided for in Paragraph 3 above,in order to folly develop its oil and gas leasehold,MARCO shall notify OWENS of such fact at least sixty days prior to initiation of such operations.NARCO shall consult with OWENS with regard to the precise location of such locations and access.The cost of preparing and maintaining such locations and access shall be boost wholly by MARCO,Inctud ng increased costs resulting from impediments.or surface irregularities created by OWEN's operations. 9. This agreement may be assigned by either party. 10. This agreement shall be governed by the laws of the State of Colorado. AV • 02/05/96 15:58 TX/RX NO.3059 P.003 - 3038619183 P. 5 FEB-05-1996 16=38 ►Y�RCP u ktbllbSb P.8et • OuPam Veathrtt FebeteeLY 5.1996 Pugs 3.f i .14. Nudes a ortided 5 r t?W fanswuso shoe b.owed toW.o placed to the U.S.Dia'di. ~OM PON* rpsepefOlaAm Fames,,to ebm lbtio-mamases,or amnesia plodded sabseqatarlar by site peak= MAROC); Nash amaalcoo*mama Coeaipenty 1100lmea4rtty.WI*SOS Demos.CO 30209 O ERTS1 cfweMatittagraCmaate Compsa y $854125iiiiteNa k vd. Arvedf,CO 8002 I7t. Mew pry a copy*Ms apimassetd et*Weed Camay sad Cline etCalklibeiD >rallecies wb a peet:!at ore ameetbor)for oQetsdoot sotle ip.ta ti auks Otis Ices. emrue.Pr ecopey croft eaemdpft ads aigreaotoot,NANO sleof tattilor the 9414 Comity Depdaseotof P Steer*a it deem not drat do Ot E race by twine beios approved tr the LAN'D6. Wyatt a$ra.ID tee Acme.ptaaos Ow+ips ltd moan one copy atilt Utter to*o orodaaipod fir&J. vpds Delver Uisolgt Maaspar AMMO TO AND AC 11D THIS DAY OPtItefp:JJAItY,I99r6- • OWE=BROINERS CONCRETE COMPANY TflTfal P OS7 • 02/05/96 16:31 TX/RX N0.3060 P.004 FEB-05-1996 15:5? MARCO 3038619183 P.05/05 V ,I 1 1 R 1 .• ..�RALI 0 4-1-- — . 4,,,,..7 ei' I 1 : i 1 : 111 : 1t(riz---- - 1 it � /• J ! � THIS AREA 8uasECT TO 1' i; // Ili AG M lT 1MTf1 C0111.AN GAS INTERESTS. I . ! 4004,2 r .' / ' I /� 1 1= �`%�1 to .- - .. /1 DA / ±yam I . .-s.i I .awo ♦ if R 41:4boxs .•' 8 II1 / ♦ .. 41' 7 s 11.-' J! ! h 1i r / ;sos ar ., ...... .... . • , , :: : if ...4aos. . 1 r ' MOCK i Paw ,� Nods-/ /- J i::'-rip.---/-*-- ` �� r'. / / 1 , .. 1 /, / ' �. - / r 1 / , s / 1 i 1' \ / 4002. MS MU I • / f..--.7 54 4.7 NOA/ f 4400.4. / • :Pli4.52" .71 / > / A NAVOMI,P121 kIP it 44KIS.4 / ♦ I / ♦ . /1 ' ♦♦ - \. /♦♦ / / Iti , ♦ 6. TOTAL P.0ri • 02/05/96 15:58 TX/RX NO.3059 P.005 II ENCANA. 370 17th Street ac (303)623-2300 Suite 1700 w.: (303)623.24O0 EnCana Oil & Gas (USA) Inc. Denver,CO 80202 www.encono corn August 25,2008 Ready Mixed Concrete Company 4395 Washington Street • Denver,CO 80216 Attn: Bill Timmons,General Manager Re: Memorandum of Surface Damage and Release Agreement Geist 4-2-32 Township 3 North,Range 67 West Section 32: NW/4 Weld County,Colorado Dear Mr. Timmons: • Enclosed for you records is a copy of the referenced Memorandum of Surface Damage and Release Agreement which has been recorded in Weld County, Colorado, as well as a fully executed copy of the Surface Damage and Release Agreement. Should you have any questions,please call Lesley Hall at(720) 876-3722. Very truly yours, ENCANA OIL&GAS(USA) INC. eatakfrut.ry. Jam ^ Courtney Kiefer Land Assistant cc: Peter Scott • "'Tra;lf 4 of Fric ma C.rcerar,r r._A J train r.c i.'W* I111111 1111111111111111111111111111111I III 111111111 IIII 3540048 03/06/2008 01:56P Weld County, CO 41 1 of 2 R 11.00 D 0.00 Steve Moreno Clerk& Recorder • MEMORANDUM OF SURFACE DAMAGE AND RELEASE AGREEMENT Pursuant to the terms of that certain unrecorded Surface Damage and Release. Agreement dated effective the Zv_day of , 20O1-between the undersigned, and subject to the conditions set forth therein, EnCana Oil & Gas (USA) Inc. ("EnCana") with an address at 370 17th Street, Suite 1700, Denver, Colorado 80202, and READY MIXED CONCRETE COMPANY (-Owner") with an address at 4395 Washington Street, Denver, Colorado 80216, agreed to the location of a Well and payment for damages to the surface of Land connected with the drilling, construction, completion, recomplction, reworking, re-entry, production, maintenance and operations of a Well and associated pipelines, tank batteries and other facilities or property of EnCana associated with the well and located on the following Land: TOWNSHIP 3 NORTH,RANGE 67 WEST,6TH P.M, Section 32:NW/4 (Geist 4-2-32 well) Boulder County,Colorado This Memorandum of Surface Damage and Release Agreement is executed by Owner and EnCana and placed of record in Boulder County,Colorado for the purpose of placing all persons on notice of the existence of the Agreement. A true and complete copy of the Agreement is available at the offices of EnCana. in witness whereof this instrument is executed effective the Z4-A, day of )Lai,r. 2001. • ENCANA Olt.& GAS(USA)INC. Cj)„,e://30 By:. David Hill,Attorney-in-Fact OWNER READY MIXED CONCRETE COMPANY By: Bill'Timmons,General Manager,Aggregates Sc�-tt D e c C i C, • -1- 1111111 11111131111 311 1111131111i III VIII Ill!111E 3540048 03/06/2008 01:56P Weld County, CO • 2 of 2 R 11.00 O 0.00 Steve Moreno Clerk& Recorder ACKNOWLEDGMENTS STATE OF COLORADO ) )ss CITY AND COUNTY OF DENVER ) On this 71 day of iYUCli 20(, before me personally appeared David Bill,known to me to be an Attorney-in-Fact of EnCana Oil & Gas SA) Inc. and acknowledged that he executed the within and foregoing instrument as the free and voluntary act and deed of said corporation for the uses and purposes therein set forth. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. My Commission Expires ..... t, .• .T ."4 ��.r� Public: Adi11 (-6 (SEAL) •/ i .� r STATE OF COLORADO 't OF OP )ss OOL = COUNTY OF ZZA-ti X" *C011)(16slpn Expires 11I30'2011 On this)day of 2007,before me personally appeared Bill Timmons,General Manager, Aggregates for READY MIXED ONCREIE COMPANY known to me to be the person who executed the within • and foregoing instrument, and acknowledged that he/she executed said instrument as his/her free and voluntary act and deed for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written��.((��yy,,�� ++ tt ,h My��3 (JIrL,`ipires: - - g 1 1 a�J V -••••E11.} • •Y i .4. :•N O Y i Y Notary Public: �� `� L ;. k�. • S ,, •tea • -2- • SURFACE DAMAGE AND RELEASE AGREEMENT This Surface Damage and Release Agreement(this"Agreement")is made and entered into this ,Q day of 374 n e- 200_Z by and between the READY MIXED CONCRETE COMPANY(Owner")with an address at 4395 Washington Street,Denver,CO 80216 and EnCana Oil & Gas(USA) Inc. ("EnCana") with an address at 370 17th Street, Suite 1700, Denver, Colorado 80202. Whereas,EnCana has the right to drill oil and gas wells(the"Wells")on the Lands described below(the"Lands"): TOWNSHIP 3 NORTH RANGE 67 WEST, 6th P.M. Section 32:NW/4 (Geist 4-2-32 Well) Weld County,Colorado Whereas,Owner and EnCana wish to memorialize their agreement concerning the payment for damages to the surface of the Lands in connection with the access to and the drilling, construction,completion,recompletion,reworking,re-entry,production,maintenance and operation of the Wells and all pipelines,tank batteries and other facilities or property of EnCana or its affiliates associated with the Well and located on the Lands. Therefore,for and in consideration of the covenants and agreements contained herein,and for • Ten Dollars($10.00)and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,Owner and EnCana agree as follows: 1. Prior to the commencement of drilling operations for the Wells,EnCana shall pay Owner the sum of + per well ("Damage Amount"). Such payment shall constitute payment in full by EnCana and its affiliates for all normal damages, including but not limited to damages to growing crops, associated with the access to and the drilling, construction, completion, recompletion,reworking,re-entry,production,operation and maintenance of the Wells. Normal damages include,but are not limited to,reasonable and customary ingress,egress,rights-of-way, construction of all access roads,preparation and use of the drillsite area,preparation and use of reserve pits, and construction, installation and maintenance of production equipment and facilities such as flowlines, gas pipelines, separators, tank batteries and other equipment or facilities necessary or convenient for the production, transportation and sale of oil and/or gas therefrom,as generally depicted on Exhibit A attached hereto and made a part hereof. 2. If by reason of EnCana's operations,there is damage to personal property located on the Lands or there is damage to the surface of the Lands caused by the negligence of EnCana or an unreasonable use of the surface of the Lands by EnCana that is not associated with reasonable and normal drilling,completion,recompletion,reworking,re-entry,production,maintenance and operation of the Well, such as damage to structures, fences, culverts and cement ditches,such damage shall be repaired or replaced by EnCana or EnCana shall promptly pay Owner for such damage. • • 3. Owner warrants that he is the owner of the entire surface subject to this Agreement and that no one who is not a party to this Agreement is entitled to payment for normal damage to the surface of the Lands for which payment has been made pursuant to paragraph numbered 1 above. 4. Except as provided in paragraph numbered 2 above for cases of unreasonable surface use and/or negligence by EnCana, Owner, for itself and its successors and assigns, does hereby, in consideration of the Damage Amount,release,relinquish and discharge EnCana,its affiliates, successors and assigns from all claims,demands,damages and causes of action that Owner may have for damages to the surface of the Lands by reason of the drilling of the Well and all other damage or injury to the Lands caused by the drilling,completion,recompletion,reworking,re- entry, production, operation and maintenance of the Well, and Owner accepts the Damage Amount as full compensation therefor. 5. Owner hereby agrees that by its payment of the Damage Amount,Owner expressly acknowledges that this Agreement satisfies the obligations and requirements of Operator pursuant to Colorado Oil and Gas Conservation Commission rules and regulations and Colorado statutes to consult in good faith with Owner regarding proposed oil and gas operations on the Land. Owner expressly acknowledges that this Agreement shall be deemed to be specifically applicable to,and to satisfy fully,the obligation of Operator to accommodate the Owner's use of the surface of the Land, existing and future, and Owner waives any statutory or common law claims to the contrary including, but not limited to, any claims pursuant to C.R.S. 34-60-127. Owner also acknowledges that EnCana has fully complied with all other applicable governmental regulations and statutes,if any.relating to the settlement of the damages contemplated herein. • 6. Owner acknowledges that EnCana's representative has met with and consulted with Owner(or Owner's representative)as to the location of the wellsite,access road,flowline,tank battery and other associated production facilities and that this Agreement incorporates the results of such meeting(s)and consultation(s). 7. In conducting operations on the Lands,EnCana shall: A. Limit the size of the wellsite to approximately 400 feet by 400 feet during any drilling, completion,recompletion or workover operations,and the wellsite shall be no more than 1/2 acre in size during other periods. The area required for the tank battery location associated with the Well shall be limited to approximately one-hal f acre in size upon completion of construction at the location generally depicted on Exhibit A. The access road shall be limited to approximately 30 feet in width during drilling, completion, recompletion and workover operations. The permanent access roads to the wellhead and tank battery location shall be limited to 15 feet in width. B. Separate the top soil at the time of excavation of pits so that the top soil and subsurface soil may be placed back in proper order as nearly as possible. C. Reclaim the wellsite as nearly as practicable to its original condition and,if the location is in pasture,reseed the location with native grasses. Weather permitting,reclamation operations shall be completed within three months following drilling and subsequent related operations, unless EnCana and Owner mutually agree to postponement because of crop or other considerations. D. Use its best efforts to keep the Well and battery sites free of weeds and debris. • Page 2 • 8. Owner waives the minimum thirty day written notice requirement described in the Notice Letter provided by EnCana to Owner. 9_ This Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties,and may be executed in counterparts. IN WITNESS WI IEREOF,the parties have set their hands on the day and year first written above. ENCANA Ci OIL& AS(USA)INC. READY MIX D CONCRETE COMPANY Y�B •�� By : David G.Hill Bill Timmons,General Manager,Aggregates Attorney in Fact ACKNOWLEDGMENTS • STATE OF COLORADO ) ) ss. CITY AND COUNTY OF DENVER ) On this;9.1 day oftAV&G,i , 2007,before me personally appeared David G. Hill who executed the within and foregoing instrument as Attorney-in-Fact of EnCana Oil&Gas (USA)Inc.on behalf of the corporation,and acknowledged the instrument to be the free and voluntary act and deed of the corporation for the uses and purposes therein set forth. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. My Commission Expires: ANN,. Am 14W (SEAL) v�,oTgRy: Notary Public: v fir$..C PO OL�� • My Commission Expires tI/3O/O11 Page 3 • STATE OF COLORADO ) ss. COUNTY OF ) The foregoing instrument was acknowledged by Bill Timmons,General Manager,Aggregates for READY MIXED CONCRETE COMPANY before me on this a C day of 2007. My Commission Expires: 1 C ,nnntt ts,nom �gP ESQUj�'yry y Q Y AP y Notary Public O11 ',N' PV '..'`. ' ''4,7, am►OV'N�`````` Approved Form on 12.112/2006 S:tsouth_Rockies\DTAGILMII—Land-DAFORMSASurfacz AY{ctments\Appruvcd Surfacc Damagc Agt'TcmpIM e.doc • Page 4 H b W Og U AH.; - z < '-' Y. S Lx F g , � a5 D'h•� g �& �' � k q� , 1 } 4� ^ btu {" 'Y (-4 r r a ' -7h._: `.-•_ ti n . - aTp - { "' d, t`•''w. .C.-• q, • jr N d. r4 i �` ,, Ls g O r9 11.14V k V FS 1,1 *r-"d c' fr,7.04.44:-.1 1 Y M1_ ` ft;aC. _ 0 A L y 4 A o �. �. TS-...2t,;,,.: J � , oW� vv xi Q O W 0 . 3 \ \ 1 N'%,. /ant ) _lc. K. 111,7*---48kre . K 0 • i II 4i • • • • . ' - • : 4799 I �.. j dopor „.... , . . , 1 - •• rte"iy. • % ' atz' '' .'Z >17 r � 7 � 480'.\ � 1 , 1 1 • 1 / 1 •MINI-Q.4ds7'� ! 1 1 - trrelei lik I / Afe re---- J. LV% ,::14- If 1 , �'L► ' is e- \ i " '"` 4 -.. :to> "1/4.•,._ ' \ 7 ASP , _Of ' ,, -4 0 -\ al L ass ea ' ‘IntrL 0 fie as a me all a 40-S.-....es- - - - \ ' je -: '. \,,_:53/4,ctr 4 .dzer. / , , Le...a.„/1/4eir, fr ---- _c__ _ _ - / • rj - • L°1 Declination * M 0 /f. -� / • Niess-k"--12.- ,\. IIIMalle e 1 1 c\Jr;--) . re MN 9° 03' E - .. A Copyright (C) 2008, MyTopo III Name: GOWANDA (CO) LG EVERIST, INC. Date: 03/11 /10 PARTS OF SECTION 32, T-3-N. FIRESTONE GRAVEL RESOURCE R-67-W, P.M.. WELD COUNTY• Scale: 1 inch = 1 ,000 ft. COLORADO MAP EXHIBIT G-1 WATER WELLS WITHIN 600 FEET Colorado's Well View Web-View Details: Receipt 0447338 l-ttp://www.dwr.state.co.us/Wel1ViewWeb/View.aspx?receipt 044733: ..... . !-.... ,:.,. .. Colorado'5 WelNiew Wei `}•F ;•A •44.1,34.94154 Permit Constructed '4401 Last Refresh:2/22/2010 12:01:32 AM Receipt: 0447338 Division: 1 Permit 1C: 21.98.5.3-- Water District: 5 Weil Name I#: County: WELD Designated Basin: Management District: Case Number: WDID: [-] Applicant/Owners History Date Range Applicant/Owner Name Address City/State/Zip Unknown-Present ONORATO KENNETH L. PO 80X 205 FIRESTONE,CO 80520- l(-] Location Information Approved Well Location: Q40 Q160 Section Township Range PM Footage from Section Lines NW NE 5 2:0N 67.0W Sixth 350 N 2540 E Northing(UTM y): 4447098.0 Easting(UTH x): 5.073529 . Location Accuracy: Spotted from section lines Physical Address Subdivision Name City/State/Zip Filing Block Lot A • Parcel ID: Acres In Tract: 8 I[-] permit Details Date Issued: 08/20/1999 Date Expires: 08/20/2001 Use(s): HOUSEHOLD USE ONLY Aquifer(s):ALL UNNAMED AQUIFERS Special Use: Area which may be irrigated: Maximum annual volume of appropriation: 0.33 Statute: Permit Requirements: Totalizing Flow Meter Geophysical Log Abandonment Report No No No Cross Reference Permit Number Receipt Description Permit(s): Comments: LL-] Construction/Usage Details I Well Construction Date:09/29/1999 Pump Installation late:12/06/1999 Well Plugged: 1st Beneficial Use: Elevation Depth Perforated Casing(Top) Perforated Casing(Bottom) Static Water Level Pump Rate 46 26 46 20 12 Lic# Name Address Phone Number Driller 857 CLEMENT,GLENN A. 1960 24TH AVENUE GREELEY,CO 80634-5028 970-353-5648 Pump 715 SPAIN,TOM W. 2021 WELD CO RD 27 FT LUPTON,CO 80622 303-659-1584 Installer Li-) Application/Permit History I • Pump Installation Report Received 01/18/2000 Pump Installed 12/06/1999 Well Construction Report Received 11/04/1999 Well Constructed 09/29/1999 2/22/2010 11:27 A 1 oft Colorado's WellView Web-View Details: Receipt 0410843 h:tp://www.dwr.statc.co.us/We1IViewWeb/View.aspx?receipt--0410843 Colorado's NIIViV Nbe Y \� 1 � � l� A 4f Y•Application Denied :;Help -,:� Last Refresh: 2/22/2010 12:01:32 AM Receipt D410843 Division: Permit#: 14195-AD- Water District: Well Name/ #: County: NEW Designated Basin: Management District Case Number: WDID: I [-] Applicant/Owners History Date Range Applicant/Owner Name Address City/State/Zip Unknown-Present OWENS BOTHERS CONCRETE CO 5501 SHERIDAN BLVD ARVADA,CO 80002 [—] Location Information Approved Well Location: Q40 Q160 Section Township Range PM Footage from Section Lines 32 3.ON 67.0W Sixth Northing (UTM y): 4448011.5 Easting(UTM x): 507320.0 Location Accuracy: Spotted from quarters Physical Address Subdivision Name City/State/Zip Filing Black Lot Parcel ID: Acres In Tract • [-] Permit Details Date Issued: 04/23/1998 Date Expires: Use(s): OTHER Aquifer(s):ALL UNNAMED AQUIFERS Special Use:GRAVEL PIT Area which may be Irrigated: Maximum annual volume of appropriation: Statute: Permit Requirements: Totalizing Flow Meter Geophysical Log Abandonment Report No No No Cross Reference Permit Number Receipt Description Permit(s): Comments: [-] Construction/Usage Details Weil Construction Date: Pump Installation Date: Well Plugged: 1st Beneficial Use: Elevation Depth Perforated Casing (Top) Perforated Casing (Bottom) Static Water Level Pump Rate [-] Application/Permit History -.l Permit Issued 04/23/1998 Application Received 01/21/1997 I [-] Imaged Documents Document Name Date Imaged Annotated • Corresondence�Memos,findings&Hearings 12/01/2007 No pjcation Denied 12/01/2007 No 2/22/2010 11:32 A 1 of 2 Colorado's WeliView Web-View Details: Receipt 0342567 hap://www.dwr.state.co.us/WellViewWeb/View.aspx?receipt=034256; ( Iordo's I i1Yie��i Web • ; ; . A Permit Constructed ._ ` Last Refresh: 2/22/2010 12:01:32 AM Receipt: 0342567 Division: 1 Permit#: 166299-- Water District: 5 Welt Name/*: County: WELD Designated Basin: Management District Case Number: WDID: [-) Apptkant/Owners History Date Range Applicant/Owner Name Address City/State/Zip Unknown-Present EVERIST L G,INC.,AN IOWA CORPORATION 7321.E 68TH AVE 8200 HENDERSON,CD 80640- i [-] Location Information Approved Well Location: Q40 Q160 Section Township Range PM Footage from Section Lines SW NE 32 3.0N 67.0W Sixth 2900 S 1905 E Northing(UTM y): 4448086.5 Easting(UTh1 x): 507544.0 Location Accuracy: Spotted from section Hoes Physical Address Subdivision Name City/State/Zip Filing Block Lot Parcel ID: Acres in Tract: [-] Permit Detail Date Issued: 09/17/1992 Date Expires: Use(s): DOMESTIC Aquifer(;):ALL UNNAMED AQUIFERS STOCK Special Use:ISSUED UNDER PRESUMPTION 3b-IIA Area which may be irrigated: Maximum annual volume of appropriation: Statute: Permit Requirements: Totalizing Flow Meter Geophysical Log Abandonment Report No No No Cross Reference Permit Number Receipt Description Permit(s): Comments:Attn:Denise Fields [-] Constructlon/Usage Details — l Well Construction Date: 12/02/1992 Pump Installation Date: 12/30/1992 Well Plugged: 1st Beneficial Use: Elevation Depth Perforated Casing (Top) Perforated Casing (Bottom) Static Water Level Pump Rate 27 20 27 6 15 Lic# Name Address Phone Number Driller 698 GLOVER,JONATHAN M. 7261 W.C.R.31 FT LJPTON,CO 8D621 303-857-2041 Pump 648 GLOVER,JONATHAN 14. 7261 W.C.R.31 FT LJPTON,CO 80621 303-857-2041 Installer 1 [-] Apptication/Permit History • Pump Installation Report Received 03/12/1993 Well Construction Report Received 03/12/1993 Pump Installed 12/30/1992 Well Constructed 12/02/1992 1 of 2 7/22/2010 11:36 A Colorado's WellView Web- View Details: Receipt 9063797 hip://www.dwr.state.co.us/WellVicwWeb/View.aspx?receipt---906379", Colorado's IlYi Y1b • . ! 'y YYJJ f• 1 Permit Constructed Hetir*= Last Refresh; 2/22/2010 12:01:32 AM Receipt: 9063797 Division: 1 Permit#: 3564.6-- Water District: 5 Well Name I#: County: WELD Designated Basin: Management District Case Number: WDID: L-] Applicant/Owners History Date Range Applicant/Owner Name Address City/State/Zip Unknown•Present ACORD GILBERT VD 4 BOX 131 LONGMONT,CO B0S01 IL-] Location Information Approved Well Location: Q40 Q160 Section Township Range PM Footage from Section Lines NW NE 32 3,0N 67.0W Sixth Northing(UTM y): 4448608.0 Easting(UTD1 x): 507.5.19.7 Location Accuracy: Spotted from quarters Physical Address Subdivision Name City/State/Zip Filing Block Lot . Parcel ID: Acres in Tract (-) Permit Details -_ Date Issued: Date Expires: Use(s): DOMESTIC Aquifer(s):ALL UNNAMED AQUIFERS Special Use: Area which may be irrigated: Maximum annual volume of appropriation: 1 Statute: Permit Requirements: Totalizing Flow Meter Geophysical Log Abandonment Report No No No Cross Reference Permit Number Receipt Description Permit(s): Comments: L-] Corrstruction/Usage Details --_- Well Construction Date: Pump Installation Date: Well Plugged: 1st Beneficial Use: 11/02/1968 Elevation Depth Perforated Casing (Top) Perforated Casing(Bottom) Static Water Level Pump Rate 21 9 15 Lc 7] Application/Permit History First Beneficial Use 11/02/1968 I [-] Imaged Documents 4 Document Name Date Imaged Annotated OriginathLc 12/03/2007 No 2/22/2010 H:35 A 1 oft Colorado's WeilView Web-View Details: Receipt 9064076 titp://www.dwr.state.co.us!WellViewWebiView.aspx7recei0-=9064076 • (e1rfltI 'sWellView Web _i": - Permit Constructed ? 4y-°',J Last Refresh: 3/3/2010 12:02:31 AM Receipt 90676 Division: 1 Permit#: 38262-- Water District 5 Well Name/ #: County: WELD Designated Basin: Management District: Case Number: WDID: [-] Applicant/Owners History 1 Date Range Applicant/Owner Name Address City/State/Zip Unknown-Present CRAIG FRED RT 3 BOX 301 GOLDEN,CO 80401 [-] Location Information Approved Well Location: Q40 Q160 Section Township Range PM Footage from Section Lines SW NW 32 3.0N 67.0W Sixth Northing(UTM y): 4448217.0 Easting(UTM x): 506713,6 Location Accuracy: Spotted from quarters Physical Address Subdivision Name City/State/Zip Filing Block Lot • Parcel ID: Acres in Tract:r[-] Permit Details 1 Date Issued: Date Expires: Use(s): DOMESTIC Aq uifer(s):ALL UNNAMED AQUIFERS Special Use: Area which may be irrigated: Maximum annual volume of appropriation: 1 Statute: Permit Requirements: Totalizing Flow Meter Geophysical Log Abandonment Report No No No Cross Reference Permit Number Receipt Description Permit(s): Comments: [-] Construction/Usage Details Well Construction Date: Pump Installation Date: Well Plugged: 1st Beneficial Use: 06/10/1969 Elevation Depth Perforated Casing (Top) Perforated Casing(Bottom) Static Water Level Pump Rate 32 4 40 [-] Application/Permit History — 1 First Beneficial Use 06/10/1969 [-] Imaged Documents Document Name Date Imaged Annotated • Oriqi_na I File 12/03/2007 No 3/3/2010 12:53 PM 1 oft ``l CT `a \ , .0 III • , 0 ir ;-,[80° j„ • • . 1 . ap... % - . 7 rl... I _ _ _ _ _ f Son -441, -44 ii __Jr t. Or . in It , • __ re) , drente) 014799 - � . w kli Mw-3 -13 V - MW-14 • 61 • � ♦ Vrain Sch•ilk a / 4 'w-� \te4 l r-----\C . 32 / ° 0 ` AO 11 p �— ► J, � �/"2 +l .4j • ii ii) 0 • Mw-io 13/a[ri + II i clilsw4 tt - - . ricas.... • . ic - 7±.047__:_i_c_ '- x de Declination :yr f ,. ck * , r �� i , ---.N.i ii. ! I M it/ ,Ve . ,v, it r / 014 l % fjo, (as"? Vv 9 . .„ lir ,\ fote--\ iies*** ,.....4 MN 9` 03' E -\_ re-N%-la. Copyn t :C) 2008, MyTo 6 • Name: GOWANDA (CO) LG EVERIST, INC. Date: 03/11 /10 PARTS OF SECTION 32, T-3-N, FIRESTONE GRAVEL RESOURCE R-67-W, P.M .- WELD COUNTY, Scale: 1 inch = 1 ,000 ft. COLORADO MAP EXHIBIT G-2 GROUNDWATER MONITERING NG WELLS i N H H p M N CO N M-n > .' CO CO H CO CO n 0 n^ N N O N cc w w n w M (0 Z 2 M co N C ^ ^ 0 m w A M Q N N N f f f f f f F N N f N f N (Dnccon aS CO a0 < 0 40 f f M .- 04 Co. C & 0a Cr) 22 22 2m 25 0• g 7 0 m0 0_O � Mr (Do (D W W W ^-On C p o �rC r N N o p OW wn Npolno N 0 f- o'.) F. OF-N R O^O^ z wom Nu W r CO N NN C1 ✓ (01 M Cn.- M 8 oa oa 0 < (D w '(c VI N N47 Noa N in N (D e7 W Wn w )- O HO )- p eFO Q f x 2 z Z 1 o x 0 re Xc� a0 a0 a a ei o 0 0 pp o (y 0 p p Cp ^ NC( Bw NNG� � N V- zf PM) ODQ1 8t0 e- GMIww f N N N N W O M n w w w N (D N M (D (D c0 n n '.D w min ow e0 CD W i e f °. ^ a a a a ri 2 4 Q ✓ n N N n V1 y N (D n O n n N N w N p M 0 N O on N co f n O r n W W W n n N N H N C l f f O - W ^ 8 0 O, W O N W a a h. w w a 0 f 0 N Nn to r n Q A n 0D N f D 0 O O O W M f f g 0 0 0 0 r M Cf CC CC CC W W W W NwOp 0 Q q Q N N Npppp020 pCw nQ w (p f f Nf (.�'1 O O0mMw N R wO M n0 N wN(p ONn 0 C n (On f f f ZNf N NO NN 0 4 0 O w W 2 2 Z Z Iap � y f O 0 O0 00 ^ eo CL CC CC O O O O O - O - - O Q p p O p 'ap ONn N F ~ ~ oQi V CD4� t� i CMO� N (il ~ (0 C 0w M4_; {OM Q0 w N A - x I r co r v f R 2 2 R N N S N w N r R M CO0 0a CL 0 Owa. a O (NDV R O 0 0 0 M r rM �p + N f p w H M M M M n 0 O Q M ^ H N coM M f (D (D M 0 M (0 w 0 N f O( Q Cn N C0 0 N Cu .- O O w 01 O O .- ^ ^ O N w M C8 f W w w .-YI N f a a a a 2 r (h 0 0 0 0 ^ M 2 2 Z Z O 0 0 0 M CZ CC loo--------7-7-7 (D ^ co w N M NW 0 M N (On W W W O f0 C) (D Z ^ M w N F ^ CA N f ^ N NNW N ap ap Qp 000n0 0nnw< 00W 0604 c � n aO W W W 3W gJ gJ oa oa N f CIIR M• g u) Zm Dc 000Dc 0 ZX Dc 00 nan nW O N 0 f we, el C i O N (D O 4 CO OD N wo in hi NC) (Dif CNo n NNO N002m ON (D00 On O (D NQw r M 0 ~ ww O ^ N ooQ� po ~ N M N pp Q� CC�� CCttO� O ~ oC `Y) N 2 O= 0 - m = ooMw R 'b (yi Chi M x NN N M MM MM MMg NNe'1 (4+ x MMM M M H RNNNMx (") HM M MM 2222 Men 1� MN CI ap a 03 a $- H F F• 0 ((0 a. f W W W W M • 0 0 O O ^ C7 2 M (D M OD Nw f ID ^ 10 w C1w 0N N f C( (DN00 O O O O Mm ^ r Mw NO1D n N en N f N M Mn r M ^ ^ N N N (0 M n 0 0 N N r 0 f r ^ N n 0 ^ N f n C f COO N ^ f Cf f Z N N If M N w CO CO w M R M N f lD N N N in N in N0 N N (0N f f f4 N4') U5 U5 co r- v a f NNNN (00W W f N H M4: f f N in N MM C w w (D f f W0 W0 W0 0 0 0 ^ r) a d a 2 a a W 2 Sc 2 z 2 2 Cf f n H N a 0 H N a in N M (D P- 0 N M p"N N N a O w O in r r (D f O w"O a w M N a N M r {tpp pp N a in (D in n w W Nn w0W a It ^ Na C( Cf r0N 0 ^ Of 4'1 ^ y 0O ^ N f CO Ch NNr0N f (0 (D ^ O ^ CO OD CON MN w0 cQD N OD el Ua O ^ O C1 M CA ON F r w w F w C. CC w w n f N 4'i r w C� F C1 C1 a O �0 n R N r w C� F C� a w C( w w n el f r r r F 1- A A O M W Wr ^ On. C 0 0 O ^ O 0 n 0 N u f O W0 , ^ 0 0 0 0 0 a x CC t CC 2 • = W W w Z W W I-a Z M Q Cf w ^ Q O N (0 Q C> Q M 0 (D (D A N M N COQ < C ^ w 0 M M N O ^ M N- Q w C C O O n w N C N 0 O < N N n N N N U U J O OInHN M f (D CD M On M f 0 T (DNMCp Q w ^ N C� N M O0INr OO co NM N OW N N OO R CO C ^ w (0 _ • W• O (p MA. C1 Ch 01 OCCf OOnr frwG� O O ^ n (O CDwCOCO NCO ^ nCOr f N w0 co 00 6 - 40 m(qp & 00o 0NR n 0 07 7 & o wwc M ^ 2 s � fr-Oa 0 0 0 z 0 0 yy O CO M I .- 0 H N N N n N O r f f 0 4: CI on N (D O N M CO M f w w N N 0 N n H O f 0 C R N N f 0 CO N (D N � W a 0 ^ Mn S OnMx atJ N (DwrOQ) MMOwx fw .- f en f ^ f C) (D0x Nf Nf nNf (D f f w m x n 0 n f fO N W Q �,. Oc 1 O M N d n n ca C) C: Co 6 CP/ n N f N (D w w C( CJ O O r N N (D N w 0 EE CI 6 Cf C! A A 4^) Q N r0 (D n r w , o N a `` p 08ww Co o �0 0 ^ ^ 0 0 C (n J 0 (ND f f $ J I M ^ y C W a2 w r Pl 2 4: C C_ C) (D N N O R C; O n n M N Q C t0 0 0 (D O C 0 O O 0 (� M G n N M 47 Q 00C C O Q z O n 2 O 0 c o g ; 0 0 8 0 0M2228222 O 2 ^ c o ^ 0 0 0 C O J O ^ .- _ (� (� �y n W 01 C f� j N ems+, T ((pp A a ^ IV J N (n y t,'! (�} P. 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DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources 1313 Sherman St..Room 215 Denver,Colorado 80203 nOvtisO, fPhone:(303)866-3567 FAX:(303)832-8106 RECEIVED q BM Ritter,Ir. FEBD 0 4 U U 2010 ovr Gnwr LHarris D.Sherman Fox-mist Director February 2,2010 ENVIRONMENT INC. Ronald w.Canny Division Director Steve Brian Natural Resource'trustee Environment Inc. 7985 Vance Drive#l205A Arvada,CO 80003 Re: Preliminary Review of a 112 Construction Materials Reclamation Permit Amendment Application Package,Firestone Gravel Resource,Permit No. M-1996-052 Dear Mr.O'Brian: The Division of Reclamation.Mining,and Safety has completed its preliminary adequacy review of your 112 construction materials reclamation permit amendment application. The application was called complete for review on January 22.2010. All comment and review periods began on January 22,2010. The decision date for this • application is April 22,2010. Please be advised that if you are unable to satisfactorily address any concerns identified in this review before the decision date,it will be your responsibility to request an extension of the review period. If there are outstanding issues that have not been adequately addressed prior to the end of the review period,and no extension has been requested,the Division will deny this application. In order to allow the Division adequate time to review your responses to any adequacy issues,please submit your adequacy responses to the Division no later than one week prior to the decision date(April 15,2010). Please note that any changes or additions to the application on file in our office must also be reflected in the public review copy,which has been placed with the Weld County Clerk and Recorder. The review consisted of comparing the application content with specific requirements of Rule 6.1, 6.2.6.4 and 6.5 of the Minerals Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials. In general the application was substantially adequate; however,as with most applications there arc a few items that will require clarification of the existing information. Any inadequacies are identified under the respective exhibit heading. APPLICATION FORM: Adequate as submitted EXHIBIT A-Legal Description(Rule 6.4.1): Adequate as submitted. EXHIBIT B-index Map(Rule 6.4.2): Adequate as submitted. EXHIBIT C-Pre-mini_g and Minim Plan Maps)of Affected Lands(Rule 6.4.3): Please show the locations,construction details,and dimensions(LxWxl i)()laity structures and foundations/pads to he placed on the site as discussed in the mining plan including:conveyor systems.scale,sales buildings, • concrete batch and casting plants and asphalt batch plant and all associated supporting features. A Technical Revision will be required at a later date to add any ofthese structures/features and provide details not specifically included at this time. There will also be bonding implications for the removal of any structures placed on-site. Office of Office of Ar tiv@ and inactive Mines Mined Land Reclamation Denver • Grand[unction • Durango • It is the Division's understanding at this time that topsoil and overburden piles,while not located specifically on the map,will be placed within the setback of the active area(s),located no more than 900 feet from the active mining area,and fully within the permitted area as stated elsewhere in the application. Please confirm. EXHIBIT I)-Mining Plan(Rule 6.4.4): It is the understanding of the Division that this will be a"dry mining"operation which will employ no clay liners or slurry walls to isolate itself from the aquifer,therefore the cells will need to be continuously pumped until they are reclaimed. Depth of mining appears to be approximately 35' b.g.s. based on map contours. Is this the anticipated depth to bedrock? What is the underlying strata- shale? Disturbance (unreclaimed area) will be limited to a maximum of 100 acres. Please confirm if this is correct. Also please note that temporary cessation is limited to a maximum of two 5 year intervals, and that site maintenance activities(weed control.etc)need to continue on-site even during periods of temporary cessation. Please specify what setbacks will be maintained from the Last Chance Ditch, Sidehill Ditch and the gas/oil well access roads,and confirm that these have been accurately reflected on the site maps. EXHIBIT E-Reclamation Plan(Rule 6.4.5): The Division understands that this property will be reclaimed primarily as open water ponds with rangeland perimeters and some additional rangeland area in accordance with structure agreements obtained from owners of • gas/oil wells and the ditch company. Please provide the following additional information: • All information needed to satisfy section 3.1.5(9) items (a)-(t)of the rule concerning the use of off-site and structural fill. The application states that an intent to import inert fill letter and inert material affidavit are included,but these could not be found in the submitted application package. EXHIBIT F-Reclamation Plan Map(Rule 6.4.6): Adequate as submitted. EXHIBIT G-Water Information(Rule 6,4.7): Because this operation will be a dry mining operation with no proposed isolation from the unconsolidated aquifer, the potential impact to the aquifer of this level/duration of pumping is of special concern to the Division. Please provide the following information: • Locate on the map(in Exhibit C)tributary water courses,wells,springs,stock water ponds,reservoirs,and ditches on the affected land and on adjacent lands where such structures may he affected by the proposed operations. o Please also provide the following information: • Are there any wells within 600 feet of the permit area? • Is any portion of the site within the 100 yr flood plain of the St Vrain Creek? • Where are the existing or proposed groundwater level monitoring points?—Please locate on appropriate maps and provide construction details(depth,screened intervals etc.) • What is the current static water level and does the permittee already have the required 12 months(and preferably more)of background goundwater level data to establish baseline conditions prior to commencing dewatering? • is there a groundwater level monitoring plan for the site to monitor for potential off-site • impacts to the aquifer,establish trigger points for corrective actions,and describe what corrective actions would he implemented? • What is the anticipated pumping rate for the site? • • I las there been any aquifer drawdown modeling done for this site? • How will water that is currently captured by the`'Seep Ditch"be returned when this ditch is removed?Or will irrigation of these areas cease prior to removing the ditch? • Submit a brief statement or plan showing how water from dewatering operations or from runoff from disturbed areas, piled material and operating surfaces will be managed to protect against pollution of either surface or groundwater(and, where applicable, control pollution in a manner that is consistent with water quality discharge permits),both during and after the operation. • The Division has noted the commitment to obtain a new SWSP from the State Engineer before additional water is exposed at this site. • You must provide an estimate of the project water requirements including flow rates and annual volumes for the development,mining and reclamation phases of the project. • You must indicate the projected amount from each of the sources of water to supply the project water requirements for the mining operation and reclamation. EXHIBIT H-Wildlife Information(Rule 6.4.8): Adequate as submitted. EXHIBIT I-Soils Information(Rule 6.4.9): Adequate as submitted. EXHIBIT.i-Vegetation Information(Rule 6.4.10): Adequate as submitted. EXHIBIT K-Climate(Rule 6.4.11): Adequate as submitted. EXHIBIT L-Reclamation Costs(Rule 6.4.12): The reclamation estimate provided in this application is much • better than most,however,all information necessary to calculate the costs of reclamation must be submitted and broken down into the various major phases of reclamation. If direct quotes are used for items such as seeding, please provide copies, so that they can be verified and included in the site file. You must provide sufficient information to calculate the cost of reclamation that would be incurred by the state. Please also provide cost estimates for the following items: • Pumping costs(State pumping cost is estimated at$300 per acre foot) • Dewatering costs(per appropriate unit time such as day.week,month) • Removal of structures included in mining plan such as sales office, scale/scale house, conveyor system, and asphalt and concrete plants • Weed Control Plan In addition to the above costs,the following text is taken from the Division of Water Resources General Guidelines for Substitute Water Supply Plans for Sand and Gravel Pits. "lithe proposed final reclamation of the mining operation,as approved in the DIEMS permit.does not include backfilling or lining to eliminate all ground water exposed within the mining boundaries, sufficient replacement water must be dedicated to the plan to cover the expected depletions that would occur at the site.The expected depletions must include evaporation from the surface area and the effects of the first fill that would occur if dewatering operations at the site ceased and the ponds were allowed to till.At least three years prior to completion of dewatcring.the applicant must submit a plan that specifies how the post-dewatering depletions, including refilling of the pit.will be replaced, in time, place and amount. if the final reclamation does not include backfilling or lining, and the applicant has not dedicated permanent replacement water to the plan,the applicant can still provide sufficient bonding(through the Division of Reclamation Mining and Safety)to cover lining or backfilling until such time as a court- * approved augmentation plan is obtained or until all depletions at the site have ceased and all delayed depletions have been replaced. In the event that the operator of the pit walks away from the site prior to final approval of an augmentation plan or prior to replacement of all delayed depletions, the dedicated • water or bond will be used to ensure that depletions will not occur at the site or that depletions will be replaced. As part of the proposed plan,the applicant must clarify whether they will dedicate water to the plan or whether a bond has been approved. If the applicant has obtained a bond,they must indicate the amount of the bond and show that the bond is adequate to line or backfill the water surfaces that will be exposed during the plan period," This means that division is required to additionally bond for one of the following options whenever groundwater is exposed on a site: • Cost to backfill all excavations to two feet above static water level. • Cost to install a slurry wall around all exposed water bodies to isolate them from the aquifer—bond may be released when the slurry wall passes the required State Engineer leak testing. • Cost to install a clay liner in all water bodies to isolate them from the aquifer—bond may be released when clay liner passes the required State Engineer leak testing. OR the operator may select and execute one of the following options. • Operator may dedicate permanent replacement water rights to the site via documentation from the State Engineer's office showing that adequate water rights to account for all exposed groundwater have been committed.The SEO will then notify the Division of their acceptance of such a plan. • Operator may provide evidence of a court-approved permanent augmentation plan for exposed groundwater at the site. • Obviously this new policy will have a major impact on bonding costs for a site such as this one. Please indicate which of the above options will be selected,and provide an appropriate detailed cost estimate for that option for bond calculation purposes. EXHIBIT M-Other Permits and Licenses(Rule 6.4.13): Adequate as submitted. EXHIBIT N-Source of Legal Right to Enter(Rule 6.4.14): Adequate as submitted. EXHIBIT O-Owner(s)of Record of Affected Land(Surface Area)and Owners of Substance to be Mined (Rule 6.4.15): Adequate as submitted. EXHIBIT P-Municipalities Within Two Miles(Rule 6.4.16): Adequate as submitted. EXHIBIT O-Proof of Mailing of Notices to County Commissioners and Soil Conservation District(Rule 6.4.17): Adequate as submitted. EXHIBIT R-Proof of Filing with County Clerk and Recorder(Rule 6.4.18): Adequate as submitted. EXHIBIT S- Permanent Man-Made Structures(Rule 6.4.19): I would like to personally compliment how the requirements of Exhibit S were addressed in this application. Thank you for such a clear, complete and concise approach. It appears that agreements are still required for most structures/utilities within 200'. Please provide evidence that the appropriate agreements have been executed/pursued. Copies of letters and certified mailing receipts will be • adequate. Additional Information: You will also need to provide the Division with proof of notice publication. Any letters from other commenting agencies/entities received by the Division to date have been included with this correspondence for you to review. This concludes the Division's preliminary adequacy review of this application. Other issues may arise as additional information is supplied. Please remember that the decision date for this amendment application is April 22, 2010. As previously mentioned,if you are unable to provide satisfactory responses to any inadequacies prior to this date,it will be your responsibility to request an extension of time to allow for continued review of this application. If there are still unresolved issues when the decision date arrives and no extension has been requested, the application will be denied. If you have any questions,please contact me at(303)866-3567 x8140. Sincerely, e �l JO Eric Scott—Environmental Protection Specialist • • Eviroinept, LARRY E.O'BRIAN 7985 VANCE DRIVE,SUITE 205A FOUNDER ARVADA,COLORADO 80003 STEVAN L.O'BRIAN 303-423-7297 PRESIDENT FAX 393.423-7599 August 25, 2010 RECEIVEn AUGZv1Q Mr. Eric Scott Division of Reclamation, Mining & Safety 1313 Sherman St. , #215 t''rir,c,_►.»$stety Denver, CO 80215 Dear Eric; RE: L.G. Everist, Inc. Firestone Gravel Resource, Permit # M-1996-052 Adequacy Response #2 On behalf of our client L.G. Everist, Inc . , I will respond to • your April 30, 2010 adequacy review letter in the order and number format presented in that document. Exhibit C-Pro-Mining and Mining Plan Maps (Rule 6.4.3) The Division understands that the locations and configuration of some future structures(such as concrete batch plant and conveyor belts) is not currently known, and that it will be several years before they are constructed on site. A Technical Revision will be required at a later date to add any of these structures/features and provide details not specifically included at this time. Also be aware that placing structures of any kind, including excavations and reservoirs, in the designated flood plain will be subject to approvals from Weld County and FEMA (conditional letter of map revision, etc.)There will also be bonding implications for the removal of any structures placed on-site. We would like to avoid having to do a Technical Revision as mining resumes to add the Concrete and Asphalt patch Plants. However, at this time the exact location of the concrete and asphalt plants within the Plant Site are unknown. To resolve this I have provided sketches of the typical layout of each plant within a plant envelope (Adequacy Exhibits AD-1 , AD-2, & AD-3 ) . The location of each plant envelope would be within the Plant Site area shown to the Mining Plan Map but the exact location of each plant will be governed by the need as operations resume and the flexibility when laying out the plant site as needed at that time. According to FEMA, equipment associated with mining operations are not considered structures and therefore do not need to be elevated. The plants proposed are temporary facilities, and if flooding occurred would not be impacted by the water as • only the supports would be underwater and water would flow ENVIRONMENT, INC. PACE 2 ADEQUACY RESPONSE #2 • L.G. EVERt5T, INC. - FIRESTONE GRAVEL RESOURCE AuuusT 25, 2O1 around or through them. Attached is a copy of FEMA's definition confirming these plants do not need to be elevated. As noted in the first adequacy response L.G. Everist typically uses 100 yds of concrete for foundations of the various plants, buildings, scale, parking pads and support structures associated with the plants. The conveyor is a temporary structure that moves as mining progresses since it is used in place of haul trucks . It has no permanent foundation as it has to be moved regularly to accommodate mining. If mining ended prematurely, the equipment would be removed, leaving only the concrete foundations of the plants that would need to be demolished. Disposal could take place on the site by burying it in the backfill area. Portions of the site lie within the 100 yr flood plain of the St Vrain. Any excavations created that intersect the flood plain will need to have armored inlet-outlet structures appropriately sized and placed to allow floodwaters to enter and exit without damage. Please address this issue in the mining plan and show required features as appropriate on the Mining and Reclamation Plan maps. FEMA's currently approved and mapped floodplain shows that the floodplain does intersect the site, however, at this time, • there are questions as to how the floodplain and L.G. Everist's operations would affect or not affect each other. The flood plain location has been placed on the revised Pre- Mining Map, Map Exhibit - C attached for your review. A floodplain study may or may not be required by the county. Until that information is available we can not design the requested inlet/outlet structures. Nor are we even sure they are needed. We will submit the floodplain conclusions and information once we have it. We will commit to submitting the design of these structures, if needed, prior to moving into the area east of the old railroad bed. At this time we have an approved Flood Plain permit from Weld County that allows operation west of the old railroad grade. Exhibit D - Mining Plan (Rule 6.4.4) Also be aware that placing structures of any kind, including excavations and reservoirs, in the designated flood plain will be subject to approvals from Weld County and FEMA (conditional letter of map revision, etc.) It seems likely, based on the configuration of the existing flood plain as shown on the provided FEMA map, that the removal of the existing elevated rail-bed may have impacts on the extent of the flood plain that will also need to be addressed as appropriate with Weld County and FEMA. Thank you for the information. We have an approved Flood Plain Permit from Weld County for the original permit area west of the railroad (Permit #FHDP-263) . We anticipate being in here for 3 to 5 years and do not expect to breach this barrier. By that time we believe the county will have resolved the floodplain location. L.G. Everist, Inc. will address all required flood plain issues with weld County and FEMA as necessary. ENVIRONMENT, INC. PAGE 3 ADEQUACY RESPONSE #2 • L.G. EVERIST, INC. • FIRESTONE 0RAVEL RESOURCE AUGUST 25, 2010 Exhibit E- Reclamation Plan (Rule 6.4.5) The Division understands that this property will now be reclaimed primarily as compacted clay-lined dry excavations with rangeland vegetation. This differs significantly from the original reclamation plan submitted which was primarily unlined open water lakes. It would be appropriate under these circumstances to provide this "dry lined excavation" scenario as a primary reclamation plan, with an alternative reclamation plan to fill the lined excavations as lakes if it becomes feasible in the future for the operator to do so. This would allow either option (vegetated excavations or reservoirs) to be implemented without the need for another permit amendment to modify post mining-land use. Appropriate reclamation plans and maps and will need to be provided for both proposed scenarios. This is a good suggestion. Attached is an addendum page to go at the end of the existing reclamation plan and color maps for each scenario as you suggested. The cost of purchasing water to fill a reservoir is unknown at this time, so we believe bonding should be based on the scenario involving revegetating the mined area as proposed in Adequacy Response #I . Exhibit F- Reclamation Plan Map (Rule 6.4.6) Reclamation Map(s) will need to be updated to show flood water inlet/outlet structures as required for excavations/reservoirs within the 100 yr flood plain. If a floodplain study is needed, and if it is determined that inlet/outlet structures are needed, L.G. Everist will file a Technical Revision to add the inlet/outlet structures to the Reclamation Plan Map. Exhibit G- Water Information (Rule 6.4.7) Please provide the following information: The adequacy comments state that "LG Everist, Inc. proposes implementing corrective actions when groundwater levels at the exterior monitoring holes have dropped 5 feet or more from the monthly average drop established during monitoring." Specifically, which "exterior monitoring holes" does this statement refer to? LG Everist should evaluate/consider if their current groundwater monitoring points will be sufficient to defend them against claims of off-site impacts to the nearby wells. Along the east side MW-3 , MW-4 and MW-5 . On the south MW-1 and on the north MW-7 and MW-13. L.G. Everist, Inc . is in the process of evaluating the current monitoring points and planning locations for additional groundwater monitoring Piezometers around the site. The change from unlined to compacted clay lined reservoirs also introduces the potential for groundwater mounding/shadowing. There are currently no plans for a French drain or any other mitigation against groundwater mounding/shadowing. Again, LG Everist should consider if their current groundwater monitoring points will be sufficient to defend them against claims of off-site impacts from this new configuration. The existing monitoring Piezometers and any new monitoring points will be used to monitor changes to the ground water • table outside the liner. If ground water mounding occurs, it would happen along the south side of the mine and would only ENVIRONMENT, INC. PAGE 4 ADEgUACY RESPONSE #2 S L.G. EVERIBT, INC. - FIRESTONE GRAVEL RESOURCE AUGUST 25, 201 O affect property owned by L.G. Everist, Inc . , since surrounding properties are higher then the top of the liner. If needed, a surface groundwater collection ditch can be constructed along the south side of the site to intercept and regulate the mounding. The bottom of the ditch will be placed at the maximum historic groundwater elevation we have observed during monitoring. Water collecting in this ditch will be directed into the seep ditch outlet on the east side of the mined area and allowed to return to the river. Are there any downstream users of the "Seep Ditch" that have filed for water rights that would be impacted by its removal on-site? Will removal of the "Seep Ditch" on-site impact irrigation return flows? There are no records of water rights listed in SEO's records for the "Seep Ditch". The seep ditch flows from the L.G. Everist mine site to an adjacent mine site, and then disappears. The adjacent mine site does not need extra water crossing their land, and as said above, the property owners never filed for water rights on the seep ditch. Since irrigation on this site will end as mining progresses there will be no irrigation runoff from the land so the ditch is not needed. If needed, a replacement ditch can be constructed • along the southern perimeter of the liner in Stage 5 over to where the ditch has historically crossed under WCR 17 . Exhibit L - Reclamation Costs (Rule 6.4.12) The revised reclamation estimate provided is much better than most, and the Division will accept the proposed method of dewatering cost calculation/estimate. The changes proposed to the reclamation plan (clay liners, primary/secondary scenarios) may require some modifications to the estimate breakdown to facilitate a phased approach. The statements in the submitted adequacy letter that "resumption of mining is delayed for the next couple of years" and "We do not believe it is necessary to post a large just before we come out of temporary cessation" also will require some clarification. By Rule, bond to cover reclamation of the existing disturbance (including the existing scale house, stockpile removal, draining and resloping/lining of existing excavation, exposed surface water, revegetation, weed control, etc.) should be in place now -regardless of the site's temporary cessation status. This site has an existing posted bond of S49,450 and is currently under-bonded. In addition, the bond revision due to the expansion of activities in this amendment will be due within 365 days from the date the Division approves the amendment unless the bond is phased appropriately and stated as an enforceable condition in the amendment application, To address these issues, the Division requires at a minimum (and as a suggested first phase of a phased approach), adjusting the existing bond as appropriate to reclaim the existing disturbances. The second phase of this approach could be to post adequate bond to cover the first phase of renewed mining activities as outlined in this amendment immediately prior to bringing the site out of temporary cessation. Let' s calculate the bond for the first two phases as the Division suggests, so that L.G. Everist can take the site out of temporary cessation sooner, rather than later. L.G. Everist will post the calculated increase in bond prior to bringing the site out of Temporary Cessation. Later, as • mining progresses into new areas, we can submit a Technical Revision to adjust the bond accordingly. Attached is a bond ENVIRONMENT, INC. PAGES ADEQUACY RESPONSE #2 L.G. EVERIST, INC. - FIRESTONE GRAVEL RESOURCE AuaUST 25, 201 o estimate based on having most of the existing permit area west of the old Railroad bed disturbed and partially reclaimed. I have attached a Bond map showing the area of disturbance. The Division understands that the excavated "lake" areas will now have a compacted clay liner to satisfy the SEO requirements and may not, in fact, be filled prior to release. In order to qualify for the 20% bonding option for a compacted clay liner, the operator wilt need to provide design specifications for the liner that satisfy, at a minimum, the requirements of the clay backfill pit liners portion of the "Guide to Specification Preparation for Slurry Wall and Clay Liners as a Component of a Colorado Mined Land Reclamation Permit" document dated September 200O and available on the DRMS web site. Attached is a copy of the PROJECT MANUAL FIRtwsTOtrn GRAVEL RESOURCE SLOPE LINER containing the design specifications for the proposed liner. This document was prepared by Deere & Ault Consultants, Inc. to meet the requirements outlined in the "Guide to Specification Preparation for Slurry Wall and Clay Liners as a Component of a Colorado Mined Land Reclamation Permit" . With the approval of these design specifications, the 20% bonding option will apply. Please also provide the linear feet of compacted clay liner that will be required for each excavated ("lake") area. This will allow a much easier calculation of the bond required for each phase of the operation as well as • facilitate bond releases when any individual lined phase passes SEO testing. LAKE LINER AVERAGE FILL PER AREA LENGTH (FT) LINEAR FOOT. (YDS) PHASE 2 5 , 090 60 .0 PHASE 3 12 ,245 53 .5 PHASE 5 16, 865 40 .5 Exhibit S - Permanent Man-made Structures (Rule 6.4.19) The Division has received proof that the operator has pursued agreements with all structure owners within 200'. If additional agreements are executed by structure owners in the future, please fonvard copies to the Division for inclusion in the site record. Thank you, we will keep the file up to date if/when additional agreements become available. Although not specifically required, it would likely be in the best interest of LG Everist to renew old agreements with existing structure owners that have been carried forward from the previous permittees (EnCana, Last Chance Ditch). Discussions are underway with all the oil companies and the ditch company to get updated agreements for the site. Once available, they will be submitted to the Division for the record. LIST OF ATTACHMENTS TO THIS RESPONSE: Revised Pre-Mining Map, Map Exhibit -C Typical Processing Plant Layout (AD-3) Typical Concrete Plant Layout (AD-1) FEMA 'Structure' definition • Typical Asphalt Plant Layout (AD-2) ENVIRONMENT, INC. PAGE 6 ADEQUACY RESPONSE #2 • L.Q. EV£RIST, INC. . FIRESTONE GRAVEL RESOURCE AUGUST 25, 201 0 Reclamation Plan Addendum Reclamation Plan Addendum Maps (AD-4 & AD-5) Exhibit L_Reclamation costs (revised) & bond map Liner design specifications I hope these responses have addressed the adequacy questions you had. I will place a copy of this packet with the Weld County Clerks office as required. If you have any questions please call me. Sincerely, Environment, Inc Stevan L. O'Brian President • cc L.G. Everist, Inc . Weld County Clerk file enclosures • -re.wv m,w.ro[u[S Ow,.y[gpu[wT AREA ■-. I. ! !! r/ r l. . LHn oT i..'-fir Iw. a.... � yam. / / • // .•/ 14h ' //_.� �. %/`' j "' /%' / f,eRRIifir 1�iu' ,,y1''',"•: iL AIWA 2991 4C.: � I I, i tf9'-p /r.'i•.I�///� r l A /;i`;'unur� /.tsa. r I :1• / //, ,.//Xi /" /' , /" .';4..,' ,y '!• :¢,'. i 's ' ,/ , / ' / /' r,/ '.,/,/ , ,.;;!-',.:::e•—• i c ,.J --, r� ii r.V,'"';'+�'rir' / ' ;. ice( /,/,/ ,/ K';• 1 I/`1 / i' a•' ,�' : 1,1 ,/„,.. ,L,,,,,,....../.. . ...,/,,,, ,-, //J. :::.i I // /J/r'., 1'1 , - / ' ' ' •--'a \ / .......- I.1 //y / • % f arm ; ; 0 -(/,,....'. ' ' ICI ,;�i/%;f ♦\♦; • : ,� _H ' `J;, _ -- • •, /'f ` ._i•.. iL,1 , - ; .,.0, �j ■ f ;•r ��,.;�..,b, ----- KW IXHIBIT C „7•�� 4 L.G. EVERIST,INC. 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CG ►L- oo n a. a FEMA: Structure http://www.ferna.gov/plan/prcvcnt/floodptaidnfipkeywords/structure.: FEMA Structure NFIP Policy Index • Defmition/Description • NFIP Requirement • Other Applicable NFIP Regulations • Guidance • Related Keywords • Supplemental Information for Structure Definition/Description For floodplain management purposes,a structure is a walled and roofed building, including a gas or liquid storage tank,that is principally above ground,as well as a manufactured home. The terms "structure" and "building" are interchangeable in the NFIP. Residential and non-residential structures are treated differently. A residential building built in a floodplain must be elevated above the Base Flood Elevation (BFE). Non-residential buildings may be elevated or floodproofed. • NFIP Requirement • 60.3 -Flood plain management criteria for flood-prone areas o (a)(4)- Subdivision Review o (b) (3) -BFE Data Requirement Other Applicable NFIP Regulations • 59.1 - Definition • 60.3 - Flood plain management criteria for flood-prone areas o (a)(1)- Development Permit o (a)(3)- Reasonably Safe From Flooding o (c) (2)- A Zone Residential Buildings o (c)(3)- A Zone Nonresidential Buildings o (c) (7)-Zone AO Residential Buildings o (c) (8)-Zone AO Residential Buildings o (e)(4)-V Zone Structures Guidance • • 1S-9 Managing Floodplain Development Through The National Flood Insurance Program(NFIP)(page 5-28)(PDF 8MB, TXT 1MB) (entire document) 1 of 2 8/9/2010 5:4 FEMA: Struchue Ittp://www.fema.gov/plan/preventifloodplain/nfipkeywords/structure.: Related Keywords • Accessory Structures • • Addition • Basement • Development • Elevation • • Floodproofing • Lowest Floor • Manufactured(Mobile) Home • Permit for Floodplain Development • Substantial Improvement Supplemental Information for Structure "Structure" for insurance coverage purposes,means a walled and roofed building,other than a gas or liquid storage tank,that is principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation. For the latter purpose,the term includes a building while in the course of construction, alteration,or repair,but does not include building materials or supplies intended for use in such construction, alteration or repair,unless such materials or supplies are within an enclosed building on the premises. • • 2of2 8/9/20105:4 L.G. Everist, Inc . Firestone Gravel Resource • Permit # M-1996-052 Reclamation Plan Addendum August 25, 2010 This addendum is a minor change to the proposed final reclamation plan to allow for more flexible development of the site. The revised plan is to have two options for final reclamation depend- ing on the conditions at the mine as the liner is completed in each excavated area. The methods and plans for grading, resoiling and revegetation are unchanged from what is described in Exhibit E. As originally proposed the site was to be a series of 3 unlined gravel mine lakes. During the review process we decided that lining the excavated area was a more practical way to deal with evaporation off the lake surfaces and having to supply permanent replacement water. Since we planned to install a dirt liner around the perimeter we felt it was practical and cost effective to just make this a compacted liner that would seal out ground water leaving the site dry or suitable for use as a developed water storage reservoir. The liner design submitted was prepared following the "Guide to Specification Preparation for Slurry Wall and Clay Liners as a Component of a Colorado Mined Land Reclamation Permit" and the constructed liner will be certified by the Office of the State Engineer' s as part of the • reclamation process . The original Map Exhibit F shows how the site will be graded and shaped under both options. OPTION 1 This option is based on there being no water available to fill the lined area at the time of reclamation thus leaving a dry hole in the ground. Under this option the floor and side slopes of the excavated area will be resoiled with eight (8) inches ± of topsoil and revegetated using the proposed seed mix. The revegetated area will remain as is until it is practical to convert the lined areas to reservoirs. Exhibit AD-4 is a color version showing the mined areas as being revegetated. This color map supplements Figure E-1 in the application packet. OPTION 2 This option is to fill the lined areas creating a developed water storage reservoir. Since the liner will be installed according to the design criteria provided in the permit packet. The site would then be available for filling with water upon final certification. The various areas of reclamation will be the same as shown in the Reclamation Timetable of the application. The above water area would be resoiled with 8 inches of topsoil and seeded with the proposed seed mix. The first filling would complete reclamation on the reservoir areas. Exhibit AD-4 is a revised Figure E-1 to show reservoirs instead of lakes other wise • no changes have been made to that figure. L . G . EVER IST . INC EXHIBIT AD 4 FIRESTONE GRAVEL RESOURCE OPT ION * I - REVEGETATED AREAS •�.�•�' - inn_•_le•_•_._• • / / �,�• I j. 1 11 % • I / i• • •-. y 1 1 .-,i I I ' I �.- I I .-• I I I. i •. • • 6 ! I 1 /• I I I I 8 O`�G�' I I �w�� i I S I' I OSi , • it I .' , I I I ' I • I S I i I. • if I • .L . . 1 ; i I . ` A SIDEHILL DITCH I - . ... AFFECTED LANDS/PERMIT LINE AUG 09. 2010 - 1? - • • mom I . inwP DITCH REVEGETATED IIIII ROADS & GRAVELED AREAS NON MINING RECLAIMED AREA NO I E: NON COLORED AREA ARE SE I BACKS. DITCH AREAS, PIPELINE ROW•s AND UNDIS 1 URBED AREAS THAI NEED NO RECLAMAT ION. • L. G . EVERIST , INC EXHIBIT AD-5 FIRESTONE GRAVEL RESOURCE OPTION #2 - FILLED RESERVOIRS �•�en'ny � �•� I 5 � I . I / .., I 5- V { I I 5. i .•i I .-9'r I -• i .. I / 1 i A '' I I i � GH V" I i • • I ' . I i /. 1 I 1 1 I i I i / i 1 i i 1 j i;. I I., II I ., I I- ail it I - - 1 I I, 1 2 I I s" • : 1 � , . - I SIDEH ILL DITCH I -• -m AFFECTED LANDS/PERMIT LINE RESERVOIR AREA AUG 09. 2010 - IT.2T:90 DITCH REVEGETATED ROADS 8. GRAVELED AREAS • MI NON MINING RECLAIMED AREA NOTE: NON COLORED AREA ARE SETBACKS, DITCH AREAS, PIPELINE ROW's AND UNDISTURBED AREAS THAT NEED NO RECLAMATION. EXHIBIT L RECLAMATION COSTS (Revised 8/26/10) This reclamation cost estimate in based on the assumption that no more then 95 acres will need some form of reclamation at any one time. Of this 95 acres, 5 .0 would be roads, 7 .54 acres is a fresh water pond and the remaining 82 .46 acres would be stripped, partially mined or partially reclaimed area. The total potential water area would be 26 .04 acres . There will also be 3 acres, 8 foot deep in the settling pond area needing backfilling. In this estimate we would have to complete bank backfilling and compacting on 4650 linear feet at 47 .41 cyd/linear ft. This estimate is based on Option 1 of the Addendum to the Reclamation Plan filed with Adequacy Letter #2 . In that option the lined area will not be filled with water the entire site would be revegetated. This means that 100, 027 cubic yards of topsoil would need disturbed on the reservoir areas, and seed beds. We would also have to grade and shape 90 acres of seed bed area and revegetate 90 ac . ±. The amount of topsoil that will be re- spread is based on an average of 8 inches . The revegetation cost figure includes fertilizer, grass seed, mulch and drilling costs. We have included the cost to demolish 100 yards of concrete foundations of the Concrete and Asphalt plants, a scale/scale house and the processing plant . A 627C Cat motor scraper or similar equipment will be used to resoil the area and a 140G Cat motor grader or similar equip- ment will be used to shape the seed bed, the resoiled areas and rip the plant site . A D8N Cat dozer or similar equipment will be used to reconstruct the compacted liner on the perimeter of the lake areas . A Cat 988B loader or similar equipment is used to transport fill to the settling pond area. We have included a factor of 204 for the Division to do remedial work on the completed liner if SEO certification is not accomplished. We also rounded the pumping time to the next day and used 72, 300 gal/day as a transmissivity number to figure inflow from the aquifer. These figures are then used in the calculations for the bond amount . The tables below outlines the various areas of disturbance at that the time describe3d above. RECLAMATION ACTIVITY AREA(UNITS AC.,LFT,YDS OR PIECES) Mining Plant Settling TOTALS areas I site I pond I ' area RESOIL(ac) • 55.00 32.00 i 3.00 90.00 REVEGETATE (ac) 55.00 3 32.00 3.00 i 90.00 DEWATER (ac) ! 18.50 i 754 0 26.04 LAKE SLOPE CONSTRUCTION (Lft) 2,000 2650 I 0 4,650 LAKE SLOPING COMPLETE (Lft) I 1,800 ; 0 { NA i 1,800 LAKE AREA(ac) 18.50 7.54 0 26.04 CONCRETE DEMOLITION (yds) ' 0 100 I 0 100.00 ROADS(ac) 2.87 ! 1.27 ' .86 5.00 • 1 EXHIBIT L RECLAMATION COSTS (cont) DATA EXPLANATION QUANTITY UNITS Soil depth 8.00 Inches Lake bank sloping complete 1800 Lft Lake bank slope reconstruction 4650 cy/Lft Bank Slope reconstruction time 84.85 days Weed control costs $5.QQQ,DQ Per year DEWATERING DATA Description AMOUNT UNITS Area 100%of lake depth 18.75 acres maximum depth 26.00 feet length of 3:1 slopes 1,800 f feet length of W1 slopes 4,6501 feet Unit volume of water on 3:1 slopes 1,014.00 cft/Lft Unit volume of water on '/2:1 slopes 169.00 cft/Lft • Gallon conversion factor 7.48 _--.-.-ft gal/cft Transmissivity# 72,300 gal/day Pump rate minimum f 6,000 gpm CALCULATED VOLUMES AND TIMES Slope water volumes 3:1 slope capacity 13,652,496 gal '/2 :1 slope capacity 5,878,158 gal 100%depth 171.586,350 gal Total pumping volume 191,117,004 gal Pumping time Dewater lake 20.26 Days Slope construction time ! 84.85 Days Recharge factor for inflow during slop- I 0.88 Days ing time and Dewatering TOTAL PUMPING TIME* 106.00 Days 'NOTE:pumping time rounded to next full day 2 EXHIBIT L RECLAMATION COSTS(cont) • ESTIMATED UNIT COSTS FOR RECLAMATION ITEMS: Unit Cost 1. Revegetation includes grass seed mix, mulch and fertilizer and labor to drill $500 .00/AC. 2 . Re-spreading soil and/or growth media with 627-E Motor Scraper, Haul distance less than 900 . . . 55 .2fi/YD3 3 . Rip seed bed in plant site, 140G motorgrader . . $60.63/ac. 4 . Grade and shape seed beds, 140G motor grader . $59.54/ac 5 . Pumping costs includes, full service rental of self contained pump, fuel, maintenance and servicing daily. $166 .67/day** 6 . Backfill side slopes, D8N Dozer push distance less than 250 feet 63 .7fi/YD3 7 . Backfill settling pond area 988B LoaderHaul distance less than 900 feet 72 .0fi/YD3 8 . Demolition & on-site disposal $7 .00/Yd. 9 . Secondary Revegetation seeding only $500 .00/ac RECLAMATION COSTS 1 . Revegetation, 90.00 ac a $500.00/ac $44, 997 .50 2 . Resoiling, 96,795 yd' x 1.12 O 55.2 /yd' 59, 842 .54 3 . Rip plant site 32.00 ac @ $60.63/ac. 1, 940 . 16 4 . Grading and shaping 03.00 ac. © $59.54/ac 5, 358 . 60 5. Dewatering, 106 days @ $166 .67/day 17, 666 . 67 6 . Backfill and compact slopes slopes, 220,456 yd' x 1.15 e 63 .7 /yd' 161,493 .43 7 . Backfill Settling Pond 38,720 Cy x 1.12 0 72.0G/ yd 31, 223 .52 7 . Demolition & on-site disposal 100 yds@ $7.00/Yd. 700 .00 8 . Secondary revegetation 90.0 ac x 25% x $500.00/ac 11, 250 . 00 9 . Contingency fund for completed slopes 1800 Liner ft O 47.41 yd/lft * 63.7G/ yd * 20% 10, 872 . 06 10 . Weed control costs 5, 000 .00 Net Total $350, 346 .48 11 . Indirect costs Mobilization 3, 574. 14 Insurance, Bond, & Profit 47, 366 . 89 12 . Administration costs 19, 885. 67 TOTAL ESTIMATE $421, 173 . 16 RECOMMEND BOND BE SET AT $421,000.00 Equipment listed in this estimate is used for the calculations and similar types may be used in the actual reclamation activities at the mine. Source of figured using, Cat Handbook #38 and rental costs from Means for 83% efficiency, for eastern Colorado • ** Estimate for services from Rain for Rent, Ft. Lupton, CO (970) 535-4963 3 Notes: ■ / 1 . Locations of stockpiled materials may vary from those shown on this map. .` 2. Operator will maintain enough material on hand to complete reclamation -..� ' - as described in the Reclamation Plan. I / I • 3. 18.00 acres of additional water surface would result if dewatering ceased / % 7 in the active mining area shown on this map. lt‘.1 to; „ V ve lg.'s' • I A's 'If 404 v,• 100.7,000.elet..tisle .''.... 47°1. •fr \ ci • 1 ♦ � (�ry7 • . ..1.74.41f-11 / c : t — _ 1 .. •, r I 111 r/ ♦ � s'T e. 1�1 _ — _ \\�� ♦ �i 11 •\\• _ — _ / ki " — I \` , . • 1, ' ;• •Lys •• _ _ _ ,,'•//r / ?I' • • • • / k dlilillit% 4 i C J / / / eCIP \I Ireeir 1:I.:: ,i MS SLAP( - 2000 FEET I I i / UNFINISHED SLOPE - 4650 FEET * 1 • NCD,/�/i /I I I /� I,I; I �� '� !� PLANT SITE - 18.00 AG. • 1r 4 + 1 Lim ��1 4�, , :: LA 7.54 AC. i AI :,-; ii- , 4;54. P / / / / STRIPPED ts.00 Ac : , . / /4" .j / 1 ; ;/.,1 II Il III" 1 • �j 1 �i •'-) TEMPORARY OVERBURDEN PILE . ' ESTIMATED DIRECTION OF MINING Ii, iii#00 i 4"1 II /i rl 1 r 1 r1 ' N I 11, • l• iI i! B \ Ili �,,• 1 I O si 1 ' ;;Ir , I �� J 1 1 I -7 s II Y I I • r ;: / - : .• YIP BZBIBIT C-1 ° ice . L.G. EVERIST, LNC. 1 .1 /r 1 • hI G r,. 1 � „ I. t, �• �� ,d....4...: ). LEGEND --- I I , II. ■ 1� PERMIT LINE/AFFECTED LANDS t,. �,"��` `� - 11, -- - - --- AREA UNE FIRESTONE GRAVEL 200 FOOT FEMA 100 YEAR FLOOD LINE RE S O UR CE DITCH l �s� " - - - - ROADS BOND MAP PAVED ROAD • —• —•—• — BURIED ELECTRIC-"-"- OVERHEAD COMMUNICATIONS MT OF Ile W/22/2 9W/4• IIE/4NW/4. 2/4P N/4 NV 9NRMII/4 S=.MN 32. TONR.9t° 3 Part ER42 61 WL5T. 6'61 H PM.. -68-l-••- OVERHEAD ELECTRIC MA C0INIY, Capp/,p0 - FENCE -w-.Y-r- CASUNE PC& 24-: GAS/OIL WELL e,�r� BUILDING ® 9t INC. DATE: DECEMBER 2B. 20C9 I, vn¢ Ilk•sir .'•w CO MO SCALE: t it-350' m ma-pen • PROJECT MANUAL FIRESTONE GRAVEL RESOURCE SLOPE LINER Prepared for: L.G. EVERIST Mountain Division 7321 East 88th Avenue, Suite 210 Henderson, Colorado 80640 • D&A Job No. CG-0201.011.00 July 2010 DEERE & AULT C()NSUL'I'AN'FS, INC. • Longmont. 6(X)South Airport Road.Suite A-205 CO 80503 (303)65I-1468 • Fax(303)651-1469 • PROJECT MANUAL FIRESTONE GRAVEL RESOURCE MINE SLOPE LINER TABLE OF CONTENTS DESIGN MEMORANDUM TECHNICAL SPECIFICATIONS Division 1 -General Requirements Section 01070-Abbreviations,Symbols and Definitions Section 01400 -Quality Control Division 2-Site Work Section 02140- Dewatering Section 02230-Base Course Section 02290-Embankment Slope Liner Construction • FORMS Firestone Gravel Resource Mine Slope Liner Foundation Check Off Sheet Summary of Field Density Tests DRAWINGS Firestone Gravel Resource Mine -Typical Slope Liner Cross Section ATTACHMENT A Slope Stability Results in Graphical Format P:b?OI L.G L:miw102Dl.011 Fizemoite Crawl Resoroe Mine lira MalwlWo$1 Msoua17YX'.Doc • DESIGN MEMORANDUM DEERE & AULT CONSV LTANITS,[NC:. • MEMORANDUM TO: Matt Noteboom, L.G. Everist FROM: Scott Palmer and Roy Spitzer, Deere & Ault Consultants, Inc. DATE: July 23, 2010 RE: Firestone Site,Slope Liner Design; D&A Job No. CG-0201.011.00 As per our proposal dated May 11,2010,we provided engineering services for the design of a slope liner at the Firestone Resource Site located near Firestone in Weld County,'Colorado. As part of these services we reviewed the available project data,developed parameters for design, and prepared a project manual. Following mining,the aggregate mine may be reclaimed as a below grade water storage reservoir. The project manual includes select construction documents for the design consisting of a technical memorandum, technical specifications for the embankment construction,forms for documenting the construction,and a typical cross-section • for the slope geometry analyzed. The goal of these engineering services is to provide general. guidance in mine reclamation to support permit acquisition, and provide a general plan for reclamation following mining. These documents do not include a site specific grading plan, specific cross-sections,stationing,or complete reservoir design. PURPOSE OF DESIGN The goals for this engineering project include: 1. Design a compacted soil embankment slope liner section calculated to meet leakage design standards as set forth by the Colorado"State Engineer Guidelines for Lining Criteria for Gravel Pits,"August 1999. 2. Design of a reclamation slope using she soils,which will meet or exceed the minimum standards set by the DBMS for reclaimed gravel pits and which are calculated to provide suitable factors of safety for stability over typical range of reservoir operating conditions. To accomplish these design goals. the analysis of the soil embankment slope liner included slope stability. This letter summarizes the results of the analysis. Below we present a brief background and the results of our findings. Although a site specific seepage analysis was not performed,the design delineated in this project manual is based on experience with similar projects and a properly constructed slope liner • embankment based on the guidelines provided in this manual should meet the SECS guidelines for 600 S.Airport Road.Building A Suite 205 Ltmmont,CO 80503 Phone: 30.3-651-1468• Fax: 303-651-1469 • lined gravel pits. As mining progresses the bedrock in particular should be evaluated for seepage potential considering the assumptions made for this design. BACKGROUND The site is located near Firestone in Weld County,Colorado,immediately north of Weld County Road (WCR)26 and east of WCR 15. The Firestone Resource Mine Site is currently not active and is in the permit application process. Construction of a compacted soil embankment slope liner is proposed to be completed inside the mine highwall during mining as slope areas are exposed and the mining proceeds. We have based our analysis on preliminary data regarding the typical soil profile at the site on data provided by the client. SOIL CONDITIONS The preliminary data identified approximately 5 feet of overburden soils above the gravel resource consisting mainly of clays. This overburden was generally underlain by approximately 26 feet of medium dense to very dense sand and gravel. An intermediate sandy clay to clayey sand layer mud lens in the sand and gravel was not mentioned in the preliminary data. Because this mud lens layer was not present,our analysis considered the sand and gravel layer to be continuous. Beneath the sand and gravel the bedrock in the area is expected to consist of sandy • siltstone or silty sandstone identified on regional mapping as the Fox Hills Sandstone Formation. Static groundwater was observed to be approximately 7 feet below the ground surface. For the purposes of our analysis it was assumed to be 7 feet below the ground surface. STABILITY ANALYSIS Our stability analysis involved generating a computer model of limit equilibrium analysis using the Slope/W computer program. Table I summarizes the parameters of the soils used in the model. Table 1: Model Parameters Soil Os Effective Friction Effective Moist Unit Weight Angle, #'(degrees) , Cohesion,c'(psi) Ia(pen Overburden 27 25 110 Sand and Gravel 34 0 115 Bedrock 26 700 126 Weathered Bedrock 24 0 126 Slope liner Zone IA(core) 26 1.50 115 Slope liner Zone 1B(shell) 30 100 118 Stability Benn 26 50 122 These parameters are based on similar soils from other projects in the area and engineering judgment. Based on comparison with published data(Table 1,Typical Properties of Compacted • Soils,DM-702, Foundations and Earth Structures,Naval Facilities Engineering Command. - 2- • 1986),the strength parameters used for the compacted liner soils are reasonable and conservative. We have assumed the liner soils will he compacted to at least 95 percent of Standard Proctor density at or near optimum moisture content. Our stability analysis involved modeling the slope liner configuration and evaluating the factor of safety and failure surface orientation. Shallow surfaces (infinite slope or"raveling failures") were excluded from the analysis,as they should not impact the overall performance of the slope liner. The data provided suggest,the soil conditions are generally uniform across the site. For our analysis,the model incorporated one typical soil profile. This profile consisted of a 5-foot thick layer of clayey overburden soils,underlain by a 26-foot thick layer of sand and gravel. A 2-foot thick weathered bedrock layer was incorporated into the model 31 feet below the ground surface. Then firm bedrock was modeled below a depth of 33 feet. A 3:1 (horizontal to vertical)slope was initially analyzed. The slope geometry and configuration are shown in the Drawing section of this Project Manual. Four cases were analyzed for the slope configuration: an as-constructed or before water storage case,a rapid drawdown case,a full reservoir case,and a full reservoir with earthquake loading. For the rapid drawdown case,the shell was not considered free draining, but a thin layer of slope protection material was considered to be free draining. Therefore,for this case phreatic surface • was raised to just below this free draining material. A pseudo-static horizontal acceleration coefficient of 0.1 g was used to determine earthquake loading for the full reservoir with earthquake case. Table 2 summarizes the results of our stability analysis. Output graphics for each of the analyses are provided in Attachment A of this Project Manual. The factors of safety required by the State Engineers Office(SEO)for these same loading conditions on above-grade embankment dams are listed for comparison. Considering that the consequences of failure are less for a below-grade slope liner than for a dam,lower factors of safety may be acceptable. However,the factors of safety for the 3:1 slope met or exceeded the SEO criteria for each case. Table 2: Deep Seated Failure Analysis Results Model As-Constructed Case Rapid Drawdown Full Reservoir Full Reservoir with Geometry and Earthquake Mode of Model SEO Dam Model SEO Dam Model SEO Dam Model SF.0 Dam Factor of Factor of Factor Factor of Factor Factor of Factor Factor of Failure Safety Safety of Safety Safety of Safety Safety of Safety Safety 3:t(h:v) 2.1 1.5 1.3 1.2 2.4 1.5 1.4 1.0 SUMMARY AND RECOMMENDATIONS The stability models predict suitable factors of safety for 3:1 (horizontal to vertical)liner geometries. A toe berm may be locally required for site specific conditions where thick mud • - 3 - ilens or other adverse conditions are encountered. We understand you plan to construct the embankment slope liner using 3:1 (horizontal to vertical)slopes. The soils and bedrock on the project site appear suitable to the goals of the project if placed and compacted properly. We recommend you plan for quality control testing on a regular basis to help ensure the liner soils are placed and compacted in accordance with the design specifications. Care should be taken to avoid lamination between lifts of liner soils or at the bedrock soil interface. We recommend that soils to be placed in embankment are compacted with a kneading action compactor such as a sheepsfoot compactor to reduce the risk of lamination. Additionally we recommend that the foundation and cut-off key trench should be wetted and rolled with a sheepsfoot to improve bonding between the bedrock and the first lift of embankment soils. LIMITATIONS The design in this memo is based on the soil information provided. During mining if significantly different conditions are encountered such as mud lenses,deeper bedrock or weak soils we should be contacted to evaluate the need for further analysis. Depending upon the conditions encountered in the mine highwalls,site specific stability analysis, seepage analysis, and other analyses and design layout efforts may be required to develop final reclamation slopes around the mine perimeter. If you have questions regarding our design assumptions or these analyses, please feel free to call. • P: I lA everist10:0I.DI I Pinata Gravel Rover v MisNAPtojett AmuMeagntrrnulrireatane MEMORANDUM.doex • -4- TECHNICAL SPECIFICATIONS Division 1 - General Requirements • • DIVISION 1 -GENERAL REQUIREMENTS SECTION 01070-ABBREVIATIONS,SYMBOLS AND DEFINITIONS 1.01 ABBREVIATION AND SYMBOLS Wherever used in these Specifications,the following abbreviations shall have the meanings indicated: AASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel Construction ANSI American National Standards Institute API American Petroleum Institute ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials CDOH Colorado Department of Highways COSH Colorado Occupational Safety and Health Standards Board CRSI Concrete Reinforcing Steel Institute OSIIA Occupational Safety and Health Administration • psi pounds per square inch SE() State Engineer's Office Where standard specifications are referenced in the Contract Documents,the latest revision is intended unless specified otherwise. 1.02 DEFINITIONS The project entities and personnel shall be defined as follows: Miner-1..G.Everist Mine Owner-L.O.Everist Mine Operator-L.G.Everist Contractor-L.G.Everist or subcontractor Mining Superintendent-Roger Servold(L.G.Everist) Project Engineer-Jim Sinner or Malt Notebooin(L.G.Everist) Design Engineer-Deere&Ault Consultants.Inc. END OF SECTION • 6/10 Section 01070-Page 1 of 1 • DIVISION 1 -GENERAL REQUIREMENTS SECTION 01400-QUALITY CONTROL PART 1-GENERAL 1.01 TESTING Quality control testing shall be performed at the testing frequency specified by the drawings and project specifications. The Mining Superintendent shall be responsible for ordering the sampling and testing,and for coordinating the testing efforts with the construction. The Mine Superintendent shall inform the Project Engineer of ongoing work. The Project Engineer will notify the Testing Laboratory and Design Engineer of necessary quality assurance work. • A. Location Identification Requirements The location(horizontal and vertical position)of all earthfill moisture/density tests shall be recorded by the soils testing technician. The test location shall be identified by means of a hand held UPS unit. The location shall be located to a degree of accuracy of 20'horizontally. The GPS unit shall be calibrated to a local benchmark each day prior to testing and more frequently if warranted by changes in weather to correct any weather induced drift in the unit. Vertical position shall be recorded by referencing local reference staking established adjacent to the work area. The soils testing firm will provide an as-built map depicting the test points with the test reference number. The test reference number shall match the numbering system used by the soils testing firm in their tabular listing of test results. This as-built map shall be updated annually and 3 copies submitted to the Mining Superintendent,who will forward 1 copy to the Project Engineer • and I copy to the Design Engineer(Deere&Ault Consultants,Inc.). 1.02 OTIIER TESTING If required by the Engineer,the following testing shall be performed: A. Material Substitution Any tests of basic material or fabrication equipment offered as a substitute for specified item on which a test may be required in order to prove its compliance with the specifications. B. Non-Specialized Fill Material Materials in the embankment fill which are not specified by the drawings or technical specifications shall be approved for use by the Engineer prior to placement. Such material may include granular drainage material to control groundwater,riprap or riprap bedding material,or random fill adjacent to the limits of the embankment fill materials. Prior to approving such material for use,the Engineer may require specific testing be performed and the test results provided for review. Quality control testing of the placed materials may also be required. 1.03 TEST REPORTS Reports of all tests made by testing laboratories shall be delivered in triplicate by the testing laboratory to the Mining Superintendent who will distribute them as follows: 1 copy-Mining Superintendent 1 copy-Project Engineer 1 copy-Design Engineer • Other copies -As directed 6/10 Section 01400-Page I of 2 • 1.04 QUALITY CONTROL SYSTEM A. General The Mining Superintendent's quality control system is the means by which he assures himself that his construction complies with the requirements of the contract documents.Controls shall be adequate to cover all construction operations and shall be keyed to the embankment slope liner construction schedule. B. Records The Mining Superintendent shall maintain correct records on an appropriate form for all inspections and tests performed,instructions received from the Design Engineer and actions taken as a result of those instructions. These records shall include evidence that the required inspections or tests have been performed(including type and number of inspections or tests,nature of defects, causes for rejection,etc.),proposed or directed remedial action,and corrective action taken The Mining Superintendent shall document inspections and tests as required by each section of the specifications. A file containing the testing records shall be maintained in the Mining Superintendent's site office. These records shall be updated daily or as required based on the pace of construction. The records will be available to the Project Engineer and Design Engineer for review during their site visits. PART 2-NOT USED PART 3-NOT USED END OF SECTION • • Section 01400-Page 2 of 2 6/10 • Division 2 - Site Work • DIVISION 2 - SITE WORK SECTION 02140-DEWATERING. PARTI -GENERAL 1.01 WORK INCLUDED Furnish all labor,tools,equipment,permits,and perform all work and services necessary for controlling groundwater and surface water,and associated dewatering requirements to provide a dry and stable working area for all construction activities on-site. L.G.Everist shall be responsible for obtaining any required dewatering permits and comply with all applicable federal,state,and local regulations. 1.02 RELATED WORK A. Section 02290-Embankment Slope Liner Construction 1.03 REFERENCES(NOT USED) 1.04 SUBMITTALS (NOT USED) PART 2-NOT USED PART 3-EXECUTION 3.01 GROUNDWATER. • It is expected that dewatering will be required during construction of the slope liner. The Mine Superintendent or designee shall provide for dewatering as required to provide for stability and firmness for construction of the slope liner. The water table shall he lowered prior to construction to an elevation to permit all construction operations to be performed in relatively dry conditions. The lowered water level shall be maintained until such time as the work is sufficiently advanced to be secure from damage caused by groundwater. In areas where compacted embankment is required,the excavation shall be free of water prior to and during placement of soils. Dewatering shall be accomplished to remove detrimental water from the work area. Acceptable methods include the use of interceptor channels,coffer dams.pumps,well points,and sump pumps. Use of rock or gravel drains placed below subgrade foundations,or subsurface pipe drains shall be reviewed on a location specific basis by the project and design engineers. Noise from dewatering operations shall conform to all applicable noise ordinances. All water shall be disposed of in a suitable manner without being a menace to public health or causing a public inconvenience. No water shall be drained into other completed work or areas under construction. The dewatering operations shall continue until groundwater will not damage any construction items or materials. Any channels,flumes.drains,sumps,wells,walkway systems,and/or temporary diversion and protective works necessary for dewatering the excavations shall be constructed and maintained by L.G. l:verist. After having served their purpose.all temporary drainage diversion structures.sumps.wells,and channels shall be removed,leveled,or filled in a manner approved by the Engineer. The Mine's operation shall conform to applicable federal,state,and local requirements of the National Pollutant Discharge Elimination System(NPDES). L.G.Everist shall obtain all necessary permits and conform to all permit requirements,including but not limited to,monitoring,measuring,sampling. • reporting,and maintaining a dewatering system. 7/10 Section 02140-Page 1 of 2 • 3.02 SURFACE WATER Controlling.routing,and storage of surface water and storm water shall be the responsibility of the L.O. Everist. The Mining Superintendent shall be responsible for constructing and maintaining any temporary channels,detention ponds,and darns. All surface water shall be controlled in a manner that prevents damage to any constructed items.items being constructed,or any neighboring structures or facilities. The water handling facilities shall prevent sediment transport onto neighboring properties. The storm water control measures shall not cause an increase in flooding to downstream or adjacent properties. L.G.Everist shall acquire any permits needed for handling surface waters during construction. END OF SECTION • • Section 02140-Page 2 of 2 7/10 • DIVISION 2-SITE WORK SECTION 02230-BASE COURSE PART 1 -GENERAL 1.01 WORK INCLUDED Extent of base course is indicated on the Contract Drawings. This section covers base course requirements for placement on the slope liner crest road. 1.02 RELATED WORK Section 02290-Dam Embankment and Embankment Slope Liner Construction 1.03 SUBMITTAL The Mine Superintendent or designed shall provide a base course sample to the soil testing laboratory for determination of gradation and Standard Proctor density. PART 2-MATERIALS 2.01 BASE COURSE MATERIALS The base course shall consist of a hard,durable,crushed rock or stone and filler. The composite base course material shall be free from vegetable matter and lumps or balls of clays and shall meet the Colorado • Department of Transportation Specification Class 6 Aggregate Base Course which follows: Sieve Size % Passg 3/4" 100 #4 30-65 25 -55 #200 3- 12 Liquid Limit-30%Maximum Plasticity Index-6%Maximum Base course may be obtained and processed on-site.. PART 3-EXECUTION 3.01 ROAI)BASE COURSE The upper 12"of the subgrade shall be scarified and recompacted to a maximum of 95%Standard Proctor Density per AST7v1 1)698. On-site material as approved by the Engineer,is suitable for compacted fill in proposed base course areas. Fill in base course areas shall be placed within two percent of optimum moisture content and compacted to a minimum of 95 percent Standard Proctor Density per ASTM 1)698. 'rime base course shall be placed on the subgrade within+1-two percent of optimum moisture and compacted to at least 95 percent of Standard Proctor Density. The base course shall be graded and shaped so that proper drainage of the crest road is obtained. • END OF SECTION 7/10 Section 02230-Page I of I • DIVISION 2-SITE WORK SECTION 02290-EMBANKMENT SLOPE LINER CONSTRUCTION • PART 1-GENERAL 1.01 WORK INCLUDED Construction of the embankment slope liner as shown on the detail drawings and as specified herein, including foundation preparation,dewatering,fill placement,moisture control,and compaction. 1.02 RELATED WORK A. Section 02140-1)cwatering • PART 2-MATERIALS 2.01 COMPACT IbD EMBANKMENT SLOPE LINER The embankment slope liner shall be constructed as Zoned embankments in accordance with the detail drawings. The majority of the embankments will be constructed with Zone 1 soils. The more clayey material small be placed in Zone IA,the central portion of the slope liner. The sandier material shall be placed on the upstream slopes of the slope liner in Zone 1B. Since some soil property specifications for Zone IA and 1B overlap,many on-site soils will be suitable for either zone. A. Embankment Zone IA • Zone IA will be constructed of clayey soils meeting the 1ollowintt criteria: 035 percent or greater passing the No.200 sieve °No more than 40%retained on the No.4 sieve °Minimum plasticity index of 12% °Unified Soils Classification: CL,SC,SC-GC,CL-CH Sources for Zone IA embankment soils may include the following on-site materials: °Mud Lens °In-place overburden °Stockpiled overburden °Clay fill °Claystone bedrock with a liquid limit of less than 50 °Select zones of miscellaneous fill The material shall be obtained from required excavations,borrow areas,or stockpiles. The soils shall be free of any deleterious materials,including rocks larger than 5",as specified by the Design Engineer. Oversize rock fragments shall be wasted as approved by the Design Engineer or stockpiled for use in other zones when found to be acceptable to the Design Engineer. B. Embankment Zone 113 Zone IB will be constructed principally of material meeting Zone IA requirements or compacted clayey sand soils meeting the following criteria: °Between IS to 55%passing the No.200 sieve • °No more than 60%retained on the No.4 sieve °UJnified Soils Classification: CL.SC,CL SC GC,SC-GC,SM-SC,GM,GM-GC 6/10 Section 02290-Page 1 of 6 • Sources of Zone 1B embankment soils may include the following on-site materials: °Mud lens °In-place overburden °Stockpiled overburden °Clay fill °Select zones of miscellaneous fill The material shall be obtained from required excavations.borrow areas,stockpiles,or other sources as specified by the Design Engineer. The soils shall be free of any deleterious materials, including materials larger than 5",as specified by the Design Engineer. Oversize rock fragments shall be wasted as approved by the Design Engineer or stockpiled for use as riprap when found to be acceptable to the Design Engineer. C. Embankment Zone 2 Zone 2 will be constructed of a clayey gravel soil meeting the following criteria: Sieve Size Percent Passing 7" 100 1-1/2" 70-95 No.4 45-80 No.200 14-30 °No less than 70%passing the 11/2"sieve °Unified Soils Classification: GC.GC-SC Zone 2 shall be a well graded mixture of 12"of sand,gravel,and cobbles left behind from mining operations and 6"of weathered claystone bedrock. Where the gravel and cobble layer is less than 12",additional pit run will need to be added. 2.02 EMBANKMENT MATERIALS SUMMARY Minimum Minimum Construction Unified Suits Class and Placement Testing "lusting Lone Requirements Compaction Requirements Interval Requirements •Zone 1 A CL,SC,SC-GC,CL-CIT 95%of ASTM Density by nuclear Each 1,000 yds3 1)698 gage,ASTM D2922* Minimum PI= 12% -200 sieve.ASTM Each 10.000 yds3 35%or greater passing the D1140 No.200 sieve Auerberg limits. Each 10.000 yds3 No more than 40%retained ASTM D4318 on the No.4 sieve Zone 1B CL.SC,CL-SC.GC,GC-SC, 95%of ASTM Density by nuclear Each 1.000 yds3 SM.SM-SC,GM,GM-GC D698 gage.ASTM D2922* 18 to 55%passing the No. Atterberg limits. Each 10.000 yds3 200 sieve ASTM D4318 • No more than 60%retained on the No.4 sieve Section 02290-Page 2 of 6 6/10 • Minimum Minimum Construction Unified Soils Class and Placement Testing Testing Zone Requirements Compaction Requirements Interval Requirements Zone 2 GC.GC-SC 95%of ASTM Density by nuclear Each 1,000 yds3 1)698 gage,ASTM 2922* Sieve analysis.ASTM Each 10.000 yds3 D1163 *Note:The design engineer may request sand cone density tests(ASTM D1556)to calibrate the nuclear density gage as required during the course of the quality control activities. PART 3-EXECUTION 3.01 GENERAL No material shall be placed in any portion of the embankment until the foundation for each section has been dewatered,stripped,suitably prepared,and has been approved by the Design Engineer. All cavities,depressions and irregularities,within the area to be covered by embankment and which extend below or beyond the established lines of excavation for slope liner embankment foundations,shall be filled with embankment materials as specified for the overlying embankment. 3.02 FOUNDATION PREPARATION A. Mine Flighwall Slopes • The mine hiehwall slopes shall be excavated to the lines and grades as shown on the detail drawings. llighwall overhangs shall be sloped back. Loose slough shall be removed prior to placement of embankment soils. Loose or slough soils on the slope may be removed as the embankment soils are being constructed. B. Removal/Stripping of Weathered Bedrock The weathered bedrock shall be stripped to a depth of 2' beneath the Zone I A/Weathered contact. The weathered bedrock wiling(need to be stripped beneath the Zone 1 li/Weathered contact. Care shall be taken that slabs of bedrock are not dislodged during the foundation bedrock stripping process that increase the bedrock excavation depth beyond 2'. Shallower passes with excavating equipment may be required during stripping to prevent slab dislodging along bedding planes. Where claystone is encountered: The entire foundation shall be watered.rolled and compacted to provide a suitable.non- planar bonding surface for the first lift of embankment soil. Claystone foundation shall be covered with slope liner fill soon after preparation to prevent drying and desiccation of bedrock foundation. Where excavations met with refusal(e.g.Sandstone material): The entire foundation shall be cleaned of loose material prior to placement of the first lift of embankment soil. • 6/10 Section 02290-Page 3 of 6 • C. Cutoff Trench The cutoff trench shall extend at least 3'below the foundation surface measured after the weathered or top 2'of bedrock is removed. Where claystone is encountered: After excavation the trench shall be watered,rolled and compacted to provide a suitable bonding surface for the first lift of embankment soil. Claystone foundation shall be covered with slope liner fill soon after preparation to prevent drying and desiccation of bedrock foundation. Where excavations met with refusal(e.g.Sandstone material): The cutoff trench shall cleaned with a blade(such as a dozer blade). The bottom and sides of the cutoff trench shall be suitably cleaned before embankment soil placement. The Design Engineer or representative of the Design Engineer shall make the final determination the method of foundation or cutoff trench bottom preparation. 3.03 STRIPPING The entire area to be occupied by the embankment shall be stripped to a sufficient depth,as determined by the Design Engineer.to remove all unsuitable materials. The unsuitable materials to be removed by stripping shall include all surface boulders and loose rock,debris,topsoil.vegetable matter.including stumps and roots,and all other perishable and objectionable materials that are unsuitable for use in permanent construction required under these Specifications or that might interfere with the proper bonding of the embankment with the foundation or the proper compaction of the materials in the embankment,or that may be otherwise objectionable as determined by the Design Engineer. 3.04 PLACING CUTOFF TRENCH AND EMBANKMENT MATERIALS The suitability of each part of the foundation for placing embankment materials thereon,and of all materials for use in embankment construction,will be determined and approved by the Design Engineer. No embankment material shall be placed in the embankment when either the material or the foundation or embankment on which it would be placed is frozen. In any separate portion of cutoff trench or embankment being constructed,each layer of each zone shall be constructed continuously and approximately horizontal for the width and length of such portion at the elevation of the layer. If transverse slopes are required in the cutoff trench or embankment.slopes shall he no steeper than 4:1 (horizontal to vertical). The Contractor shall maintain the cutoff trench and embankment in an approved manner,including maintaining working surfaces free of weeds and other organic matter until final completion and acceptance of all the work under the contract. If,in the opinion of the Design Engineer.the surface of the prepared foundation or the compacted surface of any layer of earthfill is too dry or smooth to bond properly with the layer of material to be placed thereon,it shall be moistened and/or worked with harrow.scarifier,disc,or other suitable equipment.in an approved manner to a sufficient depth to provide a satisfactory bonding surface before the next succeeding layer of earthfill material is placed. If in the opinion of the Design Engineer,the compacted surface of any layer of the earthfill in-place is too wet for proper compaction of the layer of earthfill material to be placed thereon,it shall be removed,allowed to dry;or be worked with harrow.scarifier.disc,or other suitable equipment to reduce the moisture content to the required amount;and then it shall he recompacted before the next succeeding layer of earthfill material is placed. • Section 02290-Page 4 of 6 6/10 • The Contractor shall be permitted to construct separate sections of the cutoff trench and embankment, subject to the approval of the I)esign Engineer. Construction of the cutoff trench and embankment shall be subject to the following conditions: A. Longitudinal bonding surfaces(surfaces parallel to the centerline crest of embankment)between previously constructed embankment and embankment to be constructed shall not be steeper than 2:1. B. At any cross-section,she difference in elevation between adjacent zones of the embankment shall be not greater than 3 feet,unless approved by the design engineer. C. Transverse bonding surfaces(surfaces perpendicular to the centerline(vest of the embankment) shall not be steeper than 4:1. During construction of new earthfill,the Contractor shall adequately prepare the surface of previously constructed embankment zones,original embankment and transverse slopes by benching and/or scarifying in a manner acceptable to the Design Engineer to satisfactorily bond the new fill to the existing fill. 3.05 MOISTURE AND DENSITY CONTROL A. Cutoff Trench and Compacted Embankment Fill The Standard Optimum Moisture Content is defined as"that moisture content which will result in a maximum dry unit weight of the soil when subjected to the Standard Proctor Compaction Test as described by ASTM 1)698." Material represented by the samples tested having a placement moisture content less than two percent below standard optimum condition or more than two percent wet of the standard optimum condition will be rejected and shall be reworked until the . moisture content is between these limits. Additional moisture as required in the opinion of the Design Engineer may be applied by sprinkling on the cutoff trench or embankment fill soils. Each layer of earthfill material shall be compacted as indicated in these specifications. During compaction.the placement moisture content and dry density of the earthfill shall be maintained within the control limits specified in each section. To determine that the moisture content and dry density requirements of the compacted earthfill are being met,field and laboratory tests will be made at intervals on samples taken at cutoff trench and embankment locations determined by the Mine Superintendent subject to approval by the Design Engineer. Density testing shall be by nuclear density gage. The results of all completed earthwork tests will be available to the Design Engineer within one hour for nuclear density tests and 24 hours for sand cone tests. • Materials not meeting the specified moisture content and dry density requirements,as determined by the tests,shall be reworked until approved results are obtained. Reworking may include removal,rehandling,reconditioning,rerolling,or combinations of these procedures. The moisture content of the earthfill material prior to and during compaction shall be distributed uniformly throughout each layer of the material. As far as practicable,the materials shall be brought to the proper moisture content by adding supplementary water,if required,to the material by sprinkling on the earthfill and each layer of earthfill shall be conditioned so that the moisture is uniform throughout the layer. 1)ensity control of compacted earthfill shall be such that the dry density of the compacted material. as determined by tests performed by the Design Engineer,shall conform to not less than 95%of its Standard Proctor maximum dry density. Material which does not meet these requirements will he rejected and shall be reworked until a dry density equal to or greater than these requirements is • reached. 6/10 Section 02290-Page 5 of 6 • 3.06 PLACING AND COMPACTING A. Cutoff Trench and Compacted Embankment Fill The earthfill material shall be placed in the embankment in continuous and approximately horizontal layers,not more than 9"loose lift thickness. The combined excavation and placing operations shall be such that the materials will be sufficiently blended to secure the best practicable degree of compaction and stability. To achieve sufficient blending,a disc,plow,tilted blade,or other method approved by the Design Engineer will be required during placement of any embankment fill. The material shall be compacted to a minimum of 95%of the Standard Proctor as described in ASTM D698. The method of compaction shall be submitted to the Design Engineer for approval. Equipment for compacting and zone 1A, I B,and 2 shall be capable of effectively achieving the required density for the entire depth of the lift being placed as well as providing a suitable bonding surface between lifts. When each layer of material has been conditioned to have the specified moisture,it shall be compacted with a vibrating sheepsfoot roller. The compacted density shall be essentially uniform throughout the layer. C. Upstream Slope Liner Face The upstream slope liner face shall be cut to the lines and grades shown on the detail drawings. After the upstream embankment is brought to final grade,the slope shall be compacted and finished by"tracking"a D-9 Caterpillar for approved equal)bulldozer up and down the slope. • END OF SECTION • Section 02290-Page 6 of 6 6/10 FORMS FIRESTONE RESOURCE MINE SLOPE LINER Foundation Check Off Sheet Date Dam Station Yes No Pre-Survey Complete Bedrock Stripped (where required) Wet Bedrock Removed Foundation Rolled with Sheepsfoot Post-Survey Complete Comments Sketch: 0 L.G. Everist Deere & Ault Consultants P IJ2ri5 LG LvensIG2U10I1 frestcne Gravel Resource Vne,Prgecl Vanuafi;heckORACe hh msa. E , . ID ® k ■ #ped o)u3d MOM tun movi 2 0� ■ 2 .... � e . _ 2 & 3 T. 22 m ` - - —CO Lu al k . 2 ]2 LU 0 m§ IP � � Led u.. ... >.... . 0 L. §w. 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N O M I N I O In N 0 0 0 CD 0 U N V CO CO') a II a II a II on N I N L N ONE a r a r V I O .C In L V) . .c cn I N cu O 0) a 0) a O co >� 0 I _ O O > 0 O O C r L O 0 0 I M OD U (J) D U U5 U i O S co i 0 _ _ U) co r O) N II) M r M CO O N N N- N- f - (QOM X) (isw) uouEnei3 STATE CAF COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY • Department of Natural Resources 1313 Sherman St.,Room 215 Denver,Colorado 80203 C O t.O R A D O D I v I S t O N OF Phone:(3031 866-3567 RECLAMATION . FAX:(303)832-8106 MINING ist SAFETY Bill Ritter,lr. Governor James 8.Martin Executive Director April 30,2010 Loretta E.Pifieda Director Steve O'Brian Environment Inc. 7985 Vance Drive#205A Arvada,CO 80003 Re: Second Review of a 112 Construction Materials Reclamation Permit Amendment Application Package AM-01,Firestone Gravel Resource,Permit No.M-1996-052 Dear Mr. O'Brian: The Division of Reclamation,Mining,and Safety has completed its review of your responses to the initial adequacy questions for the 112 construction materials reclamation permit amendment application. Although many questions have been sufficiently resolved,the Division feels that clarification is still required on a few remaining points.The decision date for this application is currently May 7,2010. Please be advised that if you are unable to satisfactorily address any concerns identified in this review before the decision date,it will be your responsibility to request an extension of the review period. If there are outstanding issues that have not been adequately addressed prior to the end of the review period,and no extension has been requested,the Division will deny this application. In order to allow the Division adequate time to review your responses to any adequacy issues,please submit your adequacy responses to the Division no later than one week prior to the decision date. Please note that any changes or additions to the application on file in our office must also be reflected in the public review copy,which has been placed with the Weld County Clerk and Recorder. APPLICATION FORM: Adequate as submitted EXHIBIT A-Legal Description(Rule 6.4.1): Adequate as submitted EXHIBIT B-Index Map(Rule 6.4.2): Adequate as submitted. EXHIBIT C-Pre-mining and Mining Plan Maps)of Affected Lands(Rule 6.4.3): The Division understands that the locations and configuration of some future structures(such as concrete batch plant and conveyor belts) is not currently known,and that it will be several years before they are constructed on site. A Technical Revision will be required at a later date to add any of these structures/features and provide details not specifically included at this time. Also be aware that placing structures of any kind,including excavations and reservoirs,in the designated flood plain will be subject to approvals from Weld County and FEMA(conditional letter of map revision,etc.) There will also be bonding implications for the removal of any • structures placed on-site. Office of Office or Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines • Portions of the site tie within the 100 yr flood plain of the St Vrain. Any excavations created that intersect the flood plain will need to have armored inlet-outlet structures appropriately sized and placed to allow floodwaters to enter and exit without damage. Please address this issue in the mining plan and show required features as appropriate on the Mining and Reclamation Plan maps. EXHIBIT D-Mining Plan(Rule 6.4.4): see previous paragraph. Also be aware that placing structures of any kind, including excavations and reservoirs, in the designated flood plain will be subject to approvals from Weld County and FEMA(conditional letter of map revision,etc.) It seems likely,based on the configuration of the existing flood plain as shown on the provided FEMA map,that the removal of the existing elevated rail-bed may have impacts on the extent of the flood plain that will also need to be addressed as appropriate with Weld County and FEMA. EXHIBIT E - Reclamation Plan (Rule 6.4.5): The Division understands that this property will now be reclaimed primarily as compacted clay-lined dry excavations with rangeland vegetation. This differs significantly from the original reclamation plan submitted which was primarily unlined open water lakes. It would be appropriate under these circumstances to provide this "dry lined excavation" scenario as a primary reclamation plan, with an alternative reclamation plan to fill the lined excavations as lakes if it becomes feasible in the future for the operator to do so. This would allow either option(vegetated excavations or reservoirs)to be implemented without the need for another permit amendment to modify post mining-land use. Appropriate reclamation plans and maps and will need to he provided for both proposed scenarios. • EXHIBIT F-Reclamation Plan Map(Rule 6.4.6); Reclamation Map(s)will need to be updated to show flood water inlet/outlet structures as required for excavations/reservoirs within the 100 yr flood plain. EXHIBIT G-Water Information(Rule 6.4.7): Please provide the following information: • The adequacy comments state that"LG Everist,Inc.proposes implementing corrective actions when groundwater levels at the exterior monitoring holes have dropped 5 feet or more from the monthly average drop established during monitoring." Specifically,which"exterior monitoring holes"does this statement refer to? LG Everist should evaluate/consider if their current groundwater monitoring points will be sufficient to defend them against claims of off-site impacts to the nearby wells. • The change from unlined to compacted clay lined reservoirs also introduces the potential for groundwater mounding/shadowing. There are currently no plans for a French drain or any other mitigation against groundwater mounding/shadowing. Again, LG Everist should consider if their current groundwater monitoring points will be sufficient to defend them against claims of off-site impacts from this new configuration. • Are there any downstream users of the"Seep Ditch"that have filed for water rights that would be impacted by its removal on-site? Will removal of the"Seep Ditch"on-site impact irrigation return flows? EXHIBIT H-Wildlife Information(Rule 6.4.8): Adequate as submitted. EXHIBIT I-Soils Information (Rule 6.4.9): Adequate as submitted. • EXHIBIT.I-Vegetation Information(Rule 6.4.10): Adequate as submitted. • EXHIBIT K-Climate(Rule 6.4.11): Adequate as submitted. EXHIBIT L-Reclamation Costs(Rule 6.4.12): The revised reclamation estimate provided is much better than most, and the Division will accept the proposed method of dewatering cost calculation/estimate. The changes proposed to the reclamation plan (clay liners, primary/secondary scenarios) may require some modifications to the estimate breakdown to facilitate a phased approach. The statements in the submitted adequacy letter that "resumption of mining is delayed for the next couple of years"and "We do not believe it is necessary to post a large bond until just before we come out of temporary cessation"also will require some clarification. By Rule, bond to cover reclamation of the existing disturbance (including the existing scale house, stockpile removal, draining and resloping/lining of existing excavation, exposed surface water, revegetation, weed control, etc.) should be in place now-regardless of the site's temporary cessation status. This site has an existing posted bond of$49,450 and is currently under-bonded. In addition, the bond revision due to the expansion of activities in this amendment will be due within 365 days from the date the Division approves the amendment unless the bond is phased appropriately and stated as an enforceable condition in the amendment application. To address these issues, the Division requires at a minimum (and as a suggested first phase of a phased approach), adjusting the existing bond as appropriate to reclaim the existing disturbances. The second phase of this approach could be to post adequate bond to cover the first phase of renewed mining activities as outlined in this amendment immediately prior to bringing the site out of temporary cessation. The Division understands that the excavated "lake" areas will now have a compacted clay liner to satisfy the SEO requirements and may not, in fact, be filled prior to release. In order to qualify for the 20% bonding option for a compacted clay liner, the operator will need to provide design specifications for the liner that satisfy, at a • minimum, the requirements of the clay backfill pit liners portion of the "Guide to Specification Preparation for Slurry Wall and Clay Liners as a Component of a Colorado Mined Land Reclamation Permit" document dated September 2000 and available on the DRMS web site. Please also provide the linear feet of compacted clay liner that will be required for each excavated ("lake")area. This will allow a much easier calculation of the bond required for each phase of the operation as well as facilitate bond releases when any individual lined phase passes SEO testing. EXHIBIT M-Other Permits and Licenses(Rule 6.4.13): Adequate as submitted. EXHIBIT N-Source of Legal Right to Enter(Rule 6.4.14): Adequate as submitted. EXHIBIT O- Owner(s)of Record of Affected Land(Surface Area)and Owners of Substance to be Mined (Rule 6.4.15): Adequate as submitted. EXHIBIT P-Municipalities Within Two Miles(Rule 6.4.16): Adequate as submitted. EXHIBIT O-Proof of Mailing of Notices to County Commissioners and Soil Conservation District(Rule 6.4.17): Adequate as submitted. EXHIBIT R-Proof of Filing with County Clerk and Recorder(Rule 6.4.18): Adequate as submitted. EXHIBIT S-Permanent Man-Made Structures(Rule 6.4.19): • The Division has received proof that the operator has pursued agreements with all structure owners within 200'. If additional agreements are executed by structure owners in the future, please forward copies to the Division for inclusion in the site record. • Although not specifically required, it would likely be in the best interest of LG Everist to renew old agreements with existing structure owners that have been carried forward from the previous permittees(Encana,Last Chance Ditch). This concludes the Division's second adequacy review of this application. Other issues may arise as additional information is supplied. Please remember that the decision date for this amendment application is May 7, 2010. As previously mentioned,if you are unable to provide satisfactory responses to any inadequacies prior to this date,it will be your responsibility to request an extension of time to allow for continued review of this application. If there are still unresolved issues when the decision date arrives and no extension has been requested, the application will be denied. If you have any questions,please contact me at(303)866-3567 x8140. If you wish, I would be happy to meet with you here at DRMS to discuss possible options, and what the best way to address any of these issues may be. Sincerely, 17kic Eric Scott—Environmental Protection Specialist • 4111 STATE OF COLORADO DIVISION OF RECLAMATION.MINING AND SAFETY • Department of Natural Resources COLORADO 1313 Sherman St.,Room 215 DIVISION Of Denver,Colorado 80203 RECLAMATION Phone:(303)866-3587 MINING FAX:(303)832-8106 SAFETY Bill ROW.Jr. Govemor Mike King Executive Director September 10,2010 Loretta Pdssda Director Dennis L.Fields L.G. Everist,Inc. 7321 E.88th Ave.,Ste 200 Henderson,CO 80640 Re: Firestone Gravel Resource,Amendment Approval,Permit No,M-1996.052,Revision No.AM-I Dear Mr.Fields: On September 10,2010 the Division of Reclamation, Mining and Safety approved the Amendment application submitted to the Division on January 22,2010,addressing the following: Amendment to add 261.41 acres and revise mining and reclamation plans. • The terms of the Amendment No. I approved by the Division are hereby incorporated into Permit No. M-1996-052. The conditions of the Division approval are noted below. Please note that all other provisions of Permit No.M-1996-052 remain in full force and effect. Stipulation No. 1: Permittee must demonstrate to DRMS that all local floodplain authorities have been satisfied before removal of former rail bed segment located North of Last Chance Ditch. This feature currently defines the eastern boundary of the 100 yr flood plain as shown on FEMA map. Permittee may also submit TR to leave this segment of rail bed intact if they intend to do so. The revised estimated liability amount of$509,900 exceeds the $49,450 performance bond currently held. If you have not already done so, please submit additional bond in the amount of$460,450. The revision will not be final until the bond is approved by the Division. If you have any questions,please contact me at 303-866-3567 x8140. Sincerely, Eric Scott Environmental Protection Specialist • Office of Office of Mined Land Reclamation Denver•Grand Junction-Durango Active and Inactive Mines Ei,vironwent , Inc. • 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 December 16, 2010 Mr. Eric Scott Division of Reclamation, Mining & Safety 1313 Sherman Street, Suite 215 Denver, Colorado 80203 Dear Eric, Re: L.G. Everist, Inc. Firestone Gravel Resource M.L.R.B. Permit # M-1996-052 Weld County, Colorado Attached are two copies of a Structure Agreement between the • Cache Bank & Trust and L.G. Everist for a parcel of property on the south side of the mine. This copy is for your record and as required we will submit any addition agreements as they are received. If you have any questions please call me. Yours truly, Environment, Inc. C Stevan L. O'Brian President enclosures • L.G. LiVERIST, INC. CORPORATE OFFICE I 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 January 14, 2009 FAX 303-289-1348 Cache Bank &Trust do David Thompson PO Box 337060 Greeley, CO 80633 RE: Damage Reimbursement Agreement L.G. Everist, Inc.-Firestone Gravel Resource Permit#M-1996-052 Dear Mr. Thompson: L.G. Everist, Inc., is making an amendment to their Colorado Mined Land Reclamation(MLR)permit to extract construction materials from a tract of land located in Parts of Section 32, T-3-N, R-67-W,6th P.M., Weld County, Colorado. State MLR law requires the permit applicant to agree to reimburse the owner of any structures within 200 feet of the mining area for damage done to the structures as a result of the permitted operation. We believe Cache Bank& Trust owns the structures listed below, which were previously owned by Lionshead Development LLC. According to the MLR law your signature on this agreement must be notarized. • L.G. Everist, Inc. agrees to reimburse Cache Bank&Trust for any damage done to the structures listed below as a result of the proposed mining operation. Your acknowledging signature and a notary seal in the spaces provided below should satisfy the MLR law reimbursement requirement. Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned the executed agreement to us. We have also enclosed a second copy of this letter that you may keep for your files. Thank you for your cooperation. Sincerely, ACKNOWL GED BY: ��/fiJ Cache = - &Trust 'Y�,,k �ZPRY..PUB�� Ik ., By CHERYL E �° Lynn M. Shults HAGEMEISTER Title Regulatory Manager ;O /� )vt•-• ...Cod' STATE OFn� h:ne9-4o ) ss. cc: COUNTY OF 6k Division of Reclamation, Mining & Safety The forgoing was acknowledged, subscribed and swo to befor m9„, a Notary Public, Structure list: this ay of jiit until _ , 02.42/ 0 House, block building, wire fence _7 (Previous Owner listed as By 'Lionshead Development LLC, 729 Main Street Windsor, CO 80550) Notary Public • My commission expires: MY COMMISSION EXPIRES MARCH 16, 2010 FIRE-StructureLtrs-CacheBank-011410-via Certified Mail#7006 2150 0003 6779 7217 a FILE CONTAINS DIGITAL COPIES OF APPLICATION MATERIALS • SEE CD IN ORIGINAL FILE p Hello