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Home My WebLink About20112445.tiff Epviropet , 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 September 14, 2011 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 Carr Gravel Resource to be operated by L.G. Everist, Incorporated, pursuant to rule 2 . 2 . 2 (1) , Colo- rado Mined Land Reclamation Board - Mineral Rules and Regula- tions . Approval for the amendment was obtained from Weld County under Second AMUSR 840 on 11-24-10 . Please acknowledge receipt of this notice by signing in the appropriate space provided below and return a signed copy of this cover letter to the person delivering it . We need to submit this copy to the Division of Reclamation, Mining & Safety as proof of our filing with you . Respectfully Submitted, Stevan L. O' Brian enclosure RECEIVED THIS /5/A DAY OF 2011 Weld County Board of County Commissioners By - St Title `"2, c y L1/41A,‘ c f (-A-)‘vjj c t FL , Phi 2011-2445 L�� TL�T7TCT' INC. CORPORATE OFFICE t 1 L V ERIS 1 I l� C0 S PHILLIPS AVE SUITE 20C P G Hu(5829 �� SIOVx%A.LS SD 57 '.7-5829 PHONE 8CS-334"00C FAX 60C-334.3656 MOUNTAIN DIVISION 732'1 E 88TH AVENUE SUITE 200 HENDERSON.COLORADO 80640 303 287 9626 •A .%;i ?u.I 44r NOTICE OF FILING FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATIONS NOTICE TO THE WELD COUNTY BOARD OF COUNTY COMMISSIONERS L.G. Everist, Incorporated (the "Applicant/Operator" ) has applied for an amendment to their Carr Gravel Resource regular (112 ) reclamation permit (M-1988-048) from the Colorado Mined Land Reclamation Board ( "the Board" ) to conduct an extraction of construction materials operation in Weld County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Colorado Division of Reclamation, Mining & Safety ( "the Division" ) and the local county clerk and recorders office. The applicant proposes to reclaim the land as Transload Area and 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. 14-September-2011 Hand Delivered STATE OF COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources 1313 Sherman St.,Room 215 COLORADO Denver,Colorado 80203 CONSTRUCTION MATERIALS DIVISION OF Phone:(303)866.3567 RECLAMATION FAX:(303)832-8106 REGULAR(112)OPERATION MIN ING RECLAMATION PERMIT APPLICATION FORM SAFE TY Bill Ritter,Ir. Governor CHECK ONE: _ There is a File Number Already Assigned to this Operation Harris D.Sherman Perm_it# M _ (Please reference the file number currently assigned to this operatioa)ecutive Director r I New Application(Rule 1.4.5) R -Amendment Application(Rule 1.10) Ronald W.Cattany Division Director _Conversion Application(Rule 1.11) Natural Resource Trustee Permit# M-1988 -048 -_ (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 I submit your application, be sure to include one(1) complete signed and notarized ORIGINAL and one (1) copy of the completed application form,two(2)copies of Exhibits A-S,Addendum 1,appropriate sections of 6.5(Geotechnical Stability Exhibit,and a check for the application fee described under Section(4)below. Exhibits should NOT be bound or in a 3-ring binder;maps should be folded to 8 1/2"X 11"or 8 1/2"X 14"size. To expedite processing,please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly,in the space provided,ALL information requested below. 1. Applicant/operator or company name(name to be used on permit): L.G. Everist, Incorporated 1.1 Type of organization(corporation,partnership,etc.): Corporation 2. Operation name(pit,mine or site Daniel: Carr Gravel Resource 3. Permitted acreage(new or existing site): 1,412.0 permitted acres 3.1 Change in acreage(1-) 0 acres 3.2 Total acreage in Permit area 1,412'0 acres 4. Fees: 4.1 New Application JOKORE410 application fee 4.2 New Quarry Application *SAM M quarry application 4.4 Amendment Fee $2,229.00_ amendment fee 4.5 Conversion to 112 operation(set by statute) =WAX LW conversion fee 5. Primary commoditie(s)to be mined: Gravel Sand 5.1 Incidental commoditie(s)to be mined: 1. - lbs/Tons/vr 2. / lbs/fons/yr 3. / lbs/Tons/vr 4. / lbs/fons/n 5. / lbs/Tons/yr 5.2 Anticipated end use of primary commoditie(s)to be mined: Specification aggregates, concrete and asphalt 5.3 Anticipated end use of incidental commoditie(s)to be mined: Office of Office of Mined Land Reclamation • Denver • Grand)unction • Durango Active and 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 0". 7. Name of owner of surface of affected land: L.G. Everist, Incorporated 8. Type of mining operation: V Surface Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN(check one): I V 6th(Colorado) 10th(Ncw Mexico) 1 r Ute SECTION(write number): S 27 TOWNSHIP(write number and check direction): T 11 V NorthP South RANGE(write number and check direction): R 67 ) East 1 r West r QUARTER SECTION(check one): I I NE r NW I SE SW QUARTER/QUARTER SECTION (check one): I NE I NW I✓ SE r SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): Approximately 1/2 mile east of the town of Carr, CO. Approx. Elevation 5685' msl 10. Primary Mine Entrance Location(report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (N) 39° 44' 12.98" (W) 104° 59' 3.87" Latitude(N): deg 40 min 53 sec 50 . 87 (2 decimal places) Longitude(W): deg 104 min 52 sec 09 34 (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 Easting Northing -3 - I I. Correspondence Information: APPLICANT/OPERATOR (name,address,and phone of name to be used on permit) Contact's Name: Dennis L. Fields Title: Vice President Company Name: L.G. Everist, Inc. Street/P.O.Box: 7321 E 88th Ave., Suite 200 P.O. Box: City: Henderson State: CO Zip Code: 80640 Telephone Number: (303 )- 287-4656 Fax Number: (303 )_ 289-1348 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Steve O'Brian Title: President Company Name: Environment, Inc Street/P.O.Box: 7985 Vance Dr. #205A P.O.Box: City: Arvada State: CO Zip Code: 80003 Telephone Number: S 303 1. 423-7297 Fax Number: L303 )_ 423-7599 INSPECTION CONTACT Contact's Name: Lynn M. Shults Title: Regulatory Manager Company Name: L.G. Everist, Inc. Street/P.O.Box: 7321 E 88th Ave., Suite 200 P.O.Box: City: Henderson State: CO Zip Code: 80640 Telephone Number (303 )_ 286-2247 Fax Number: f 30 )- 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. primar future(Post-mining)land use check one): Cropland(CR) I I Pastureland(PL) General Agriculture(GA) t i Rangeland(RL) Forestry(FR) Wildlife Habitat(WL) Residential(RS) Recreation(RC) Industrial/Commercial(IC) Developed Water Resources(WR) Solid Waste Disposal(WD) 13. Primar resent land use check one : nCropland(CR) Pastureland(PL) General Agriculture(GA) II Rangeland(RL) Forestry(FR) Wildlife Habitat(WL) Residential(RS) Recreation(RC) Industrial/Commercial(IC) Nom- Developed Water Resources(WR) 14. Method of Mining: Briefly explain mining method(e.g.truck/shovel): Trackhoe and front end loaders remove material for delivery to the portable processing plant. 15. On Site Processing: Ii I Crushing/Screening 13.1 Briefly explain mining method(e.g.truck/shovel): Material is processed into specification aggregates using crushers, and screen plants List any designated chemicals or acid-producing materials to be used or stored within permit area: None 16. Description of Amendment or Conversion: If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s). This amendment changes the end use on a 303.0 acres from rangeland to transload area, allows for a permanent equipment parking area and leaves roads to access the mined property after reclamation is complete. The mining methods do not change but the plant site will now be portable and follow the mining activities. The reclamation methods do not change for the non-transload areas and the primary access remains as currently approved. -5- Maps and Exhibits: Two(2)complete,unbound application packages must be submitted. One complete application package consists of a signed application form and the set of maps and exhibits referenced below as Exhibits A-S,Addendum 1,and the Geotechnical Stability Exhibit. Each exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ease of reference. If separate documents are used as appendices,please reference these by name in the exhibit. With each of the two(2) signed application forms,you must submit a corresponding set of the maps and exhibits as described in the following references to Rule 6.4,6.5,and 1.62(1)(b): EXHIBIT A Legal Description EXHIBIT B Index Map EXHIBIT C Pre-Mining and Mining Plan Map(s)of Affected Lands EXHIBIT D Mining Plan EXHIBIT E Reclamation Plan EXHIBIT F Reclamation Plan Map EXHIBIT G Water Information EXHIBIT H Wildlife Information EXHIBIT I Soils Information EXHIBIT J Vegetation Information EXHIBIT K Climate Information EXHIBIT L Reclamation Costs EXHIBIT M Other Permits and Licenses EXHIBIT N Source of Legal Right-To-Enter EXHIBIT 0 Owners of Record of Affected Land(Surface Area)and Owners of Substance to be Mined EXHIBIT P Municipalities Within Two Miles EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Conservation District EXHIBIT R Proof of Filing with County Clerk or Recorder EXHIBIT S Permanent Man-Made Structures Rule I.6.2(1)(b) ADDENDUM 1 -Notice Requirements(sample enclosed) Rule 6.5 Geotechnical Stability Exhibit(any required sections) The instructions for preparing Exhibits A-S, Addendum I,and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule 1.6.2(1)(6)of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required, or would like to schedule a pre-application meeting you may contact the Office at 303-866-3567. Responsibilities as a Permittee: Upon application approval and permit issuance,this application becomes a legally binding document. Therefore,there are a number of important requirements which you,as a permittee, should fully understand. These requirements arc listed below. Please read and initial each requirement,in the space provided,to acknowledge that you understand your obligations. If you do not understand these obligations then please contact this Office for a full explanation. EDI' 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 - 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information contained in the application or your permit misrepresent important material facts; 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties,to you as permittee can result; 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office; 5. It is your responsibility to notify the Office of any changes in your address or phone number; 77) 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 are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example,a permit with the anniversary date of July 1, 1995,the annual fee is for the period of July 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as the permittee,to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. NA 10. For joint venture/partnership operators: the signing representative is authorized to sign this document and a power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application. -7 - NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions,changes,and deletions to this document prior to final decision by the Office. Therefore,if you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what changes may have been made to the application document. The Office is not allowed to consider comments,unless they are written,and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process,you may contact the Office at(303) 866-3567. -8 - Certification: As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: I. To the best of my knowledge,all significant,valuable and permanent man-made structure(s)in existence at the time this application is filed,and located within 200 feet of the proposed affected area have been identified in this application (Section 34-32.5-115(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.S-112,C.R.S.,of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to section 34-32.5-123, C.R.S.2d Signed and dated this day of .�Jh (pig('r✓ , /l . L.G. Everist, Incorporated If Corporation Attest(Seal) Applicant/Operator or Company Name Signed:— I /a�wv�J tHV!!$.. Signed:=K�� ['/ c frS { O1 an n Y°• '. Corporate Secret2ry or Equivalent Title: Vice President _,•e•_ r Town/City/County Clerk tpi+L P116L1G 1r ) 7� '. State of ) ss. ...... County of ) The foregoing instrument was acknowledged before me this day of aD /t , by Dennis L. Fields as Vice President ///�}�� , �pof L.G./ Everist, Incorporated Qe-O Nit-/7l�Li a-- Notary Public My Commission expires: //9762<D7a 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 /Frtis2 ( #¢ O 9 c1 - { ce/Cj 1 ____.....47 yr 56J'6r. _ 'v �s- �_ • . . PO. 1 ; r ENTRANCE 40d53' 50.87" W, 104d52 '09.24" N ('arr • *. tam ' \ : C �-Y : _I . • • 1 . 52769-F IS rA _ � , • ra \L// J .1 fete 1 k eas F'15686 % r - - .Jro1. . 1 27i t \ 26 25 27 . , ' I I . r tr ` -- 8 \� 0 M I - - i TRANSLOAD AREA -/ .ice-_ m lc .--)d,„ ra e V. Sew" VS\ 34 36 N _ '� 3 1 1. , �;, I 34 35 \‘...\ 3_61 ' , , ybc 1\:, '1/444 1 D \ r . \ ‘i . ••• Ir ') I. • j \ . ‘ ii .. \ .� \ Nte- Declination 2 - r * ‘) h � \ M I .1 r.) al \ • • `r $616 8M .t.6 <d •640 C;. n. P,. . 5 •'•sir L.---) i----- \\A p MN 9° 06' E 1`^ , Copyright (C)2008. MyTopo Name: CARR EAST (CO) PARTS OF SECTION 1 , T-10-N, L.G. EVERIST, INC. Date: 09/06/11 R-67-W, AND PARTS OF SECTIONS CARR GRAVEL RESOURCE Scale: 1 inch = 2,000 ft. 26, 27 & 35, T-11 -N, R-67-W, 6TH P. M., WELD COUNTY, COLORADO EXHIBIT B - VICINITY MAP Epvircinept, IPc. LARRY E. O'BRIAN 7985 VANCE DRIVE,SUITE 205A FOUNDER ARVADA,COLORADO 80003 STEVAN L.O'BRIAN 303-423-7297 PRESIDENT FAX 303-423-7599 September 14 , 2011 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 herewith, an amendment to our approved permit application for the Carr Gravel Resource (permit # M-1988-048) operated by L.G. Everist, Incorporated. Two copies of the amendment application are on file with the Division of Recla- mation, Mining & Safety. This copy of the amendment application is delivered to you pursuant to 34-32 . 5-112 (9) (a) , Colorado Revised Statutes 1995, as amended, which states in part : .... the applicant shall place a copy of such application for public inspection at the office of the Board and Office of the County Clerk and Recorder of the county in which the affected land is located. This book must be kept for public review until the amendment has been approved by the Division. We will contact you once it is and make arrangements to pickup this copy. Please acknowledge receipt of the copy of the permit amend- ment by signing in the appropriate space provided below and returning one copy of this letter to the person delivering the book. This will be submitted to the Division of Reclamation, Mining & Safety to prove the amendment book was delivered to your office. Yours truly, ENVIRONMENT, INC. Stevan L. O ' Brian enclosure RECEIVED THIS /4"DAY OF S Fy'',r'4e--'2011, one copy of an application amendment packet for above referenced mine. Weld County Clerk to the Board By lr-/- z c„�4t./>'7 I I I i L.G. EVERI ST INC. -, lil ROCK I Carr Gravel Resource - M-1988-048 WELD COUNTY, COLORADO I IRegular 112 permit - Amendment September 2011 I I I I Amendment to an Application for a Mined Land Reclamation Board Construction Materials Permit I PREPARED BY I ENVIRONMENT, INC 7985 VANCE DR., SUITE 205A ARVADA, CO 80003 ' (303)423-7297 STATE OF COLORADO ' DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources I 1313 Sherman St.,Room 215 Denver,Colorado 80203 COLORADO Phone:(303)866-3567 CONSTRUCTION MATERIALS DIVISION OF RECLAMATION I FAX:(303)832-8106 REGULAR(112)OPERATION MINING RECLAMATION PERMIT APPLICATION FORM SAFETY I Bill Ritter,Jr. CHECK ONE: There is a File Number Already Assigned to this Operation Governor Harris D.Sherman Permit# M -_ (Please reference the file number currently assigned to this operation)ecutive Director ' New Application(Rule 1.4.5) ✓ Amendment Application(Rule 1.10) Ronald W.Cattany Division Director [_Conversion Application(Rule 1.11) Natural Resource Trustee ' Permit# M -1988 _048 - (provide for Amendments and Conversions of existing permits) I The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts: (1)the application form;(2)Exhibits A-S,Addendum 1,any sections of Exhibit 6.5(Geotechnical Stability Exhibit;and(3)the application fee. When you submit your application, be sure to include one (1) complete signed and notarized ORIGINAL and one (1) copy of the completed application form,two(2)copies of Exhibits A-S,Addendum 1,appropriate sections of 6.5(Geotechnical Stability Exhibit,and a check for I the application fee described under Section(4)below. Exhibits should NOT be bound or in a 3-ring binder;maps should be folded to 8 1/2" X 11"or 8 1/2"X 14"size. To expedite processing,please provide the information in the format and order described in this form. I GENERAL OPERATION INFORMATION Type or print clearly,in the space provided,ALL information requested below. ' 1, Applicant/operator or company name(name to be used on permit): L.G. Everist, Incorporated 1.1 Type of organization(corporation,partnership,etc.): Corporation I2. Operation name(pit,mine or site name2: Carr Gravel Resource 3. Permitted acreage(new or existing site): 1,412.0 permitted acres ' 3.1 Change in acreage(+) 0 acres 3.2 Total acreage in Permit area 1,412.0 acres ' 4. Fees: 4.1 New Application sJI64B.110 application fee 4.2 New Quarry Application I Y$'t14X00 quarry application I 4,4 Amendment Fee $2,229.00 amendment fee 4.5 Conversion to 112 operation(set by statute) JJIJl9I1 W conversion fee ' 5. Primary commoditie(s)to be mined: Gravel Sand 5.1 Incidental commodities)to be mined: I. lbs/Tons/vr 2. / lbs/Tons/yr 3. / lbs/Tons/yr 4. / lbs/Tons/yr 5. / lbs/Tons/yr I5.2 Anticipated end use of primary conunoditie(s)to be mined: Specification aggregates, concrete and asphalt 5.3 Anticipated end use of incidental commoditie(s)to be mined: I I Office of Office of ' Mined Land Reclamation Denver • Grand junction • Durango Active and Inactive Mines 1 -2- ' 6. Name of owner of subsurface rights of affected land: L.G. Everist, Incorporated If 2 or more owners,"refer to Exhibit O". I7. Name of owner of surface of affected land: L.G. Everist, Incorporated 8. Type of mining operation: Surface Underground I9. Location Information: The center of the area where the majority of mining will occur: ' COUNTY:(�" Weld (� (� PRINCIPAL MERIDIAN(check one): I' 6th(Colorado) 1 10th(New Mexico) 1...... Ute ' SECTION(write number): S 27 (� TOWNSHIP(write number and check direction): T 11 .! North F..�.. South RANGE(write number and check direction): R 67 I East I West 1 QUARTER SECTION(check one): �� 11" NE"""` NW 17— SE SW QUARTER/QUARTER SECTION (check one): I ... NE I -NW F67 7 SE I.....'...r SW ' GENERAL DESCRIPTION:(the number of miles and direction from the nearest town and the approximate elevation): Approximately 1/2 mile east of the town of Carr, CO. Approx. Elevation 5685' msl 10. Primary Mine Entrance Location(report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (N) 39° 44' 12.98" ' (W) 104° 59' 3.87" Latitude(N): deg 40 min 53 sec 50 87 (2 decimal places) ' Longitude(W): deg 104 min 52 sec 09 34 (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 Fasting Northing 1 1 I -3 - I11. Correspondence Information: I APPLICANT/OPERATOR (name,address,and phone of name to be used on permit) Contact's Name: Dennis L. Fields Title: Vice President Company Name: L.G. Everist, Inc. ' Street/P.O. Box: 7321 E 88th Ave., Suite 200 P.O. Box: City: Henderson ' State: CO Zip Code: 80640 Telephone Number: (303 )_ 287-4656 IFax 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 I Telephone Number: (303 )_ 423-7297 Fax Number: (303 )_ 423-7599 INSPECTION CONTACT IContact's Name: Lynn M. Shults Title: Regulatory Manager Company Name: L.G. Everist, Inc. I Street/P.O. Box: 7321 E 88th Ave., Suite 200 P.O. Box: City: Henderson IState: CO Zip Code: 80640 Telephone Number: (303 )_ 286-2247 Fax Number: (303 )_ 289A348 ICC: STATE OR FEDERAL LANDOWNER(if any) Agency: IStreet: City: I State: Zip Code: Telephone Number: ( )- CC: STATE OR FEDERAL LANDOWNER(if any) I Agency: Street: City: State: Zip Code: ITelephone Number: ( )- 1 -4- ' 12. Primar future(Post-mining)land use(check one): Cropland(CR) Pastureland(PL) General Agriculture(GA) Rangeland(RL) Forestry(FR) Wildlife Habitat(WL) Residential(RS) Recreation(RC) r- -J Industrial/Commercial(IC) ' Developed Water Resources(WR) _,,,.,J Solid Waste Disposal(WD) I 13. Primary present land use(check one . _ Cropland(CR) Pastureland(PL) a General Agriculture(GA) Ful Rangeland(RL) Forestry(FR) �' Wildlife Habitat(WL) IIResidential(RS) _ElRecreation(RC) 1 Industrial/Commercial(IC) © Developed Water Resources(WR) 14. Method of Mining: Briefly explain mining method(e.g.truck/shovel): Trackhoe and front end loaders remove material for delivery to the portable processing plant. 15. On Site Processing: ✓ Crushing/Screening ' 13.1 Briefly explain mining method(e.g. truck/shovel): Material is processed into specification aggregates using crushers, and screen plants List any designated chemicals or acid-producing materials to be used or stored within permit area: None 16. Description of Amendment or Conversion: If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s). This amendment changes the end use on a 303.0 acres from rangeland to transload area, allows for a permanent equipment parking area and leaves roads to access the mined property after reclamation is complete. The mining methods do not change but the plant site will now be • ' portable and follow the mining activities. The reclamation methods do not change for the non-transload areas and the primary access remains as currently approved. I I -5- ' Maps and Exhibits: Two(2)complete,unbound application packages must be submitted. One complete application package consists of a signed application form and the set of maps and exhibits referenced below as Exhibits A-S,Addendum],and the Geotechnical Stability Exhibit. Each exhibit I within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for case 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 I following references to Rule 6,4,6.5,and 1.6.2(1)(b): EXHIBIT A Legal Description ' EXHIBIT B Index Map EXHIBIT C Pre-Mining and Mining Plan Map(s)of Affected Lands EXHIBIT D Mining Plan I EXHIBIT E Reclamation Plan EXHIBIT F Reclamation Plan Map EXHIBIT G Water Information I EXHIBIT H Wildlife Information EXHIBIT I Soils Information EXHIBIT J Vegetation Information I EXHIBIT K Climate Information EXHIBIT L Reclamation Costs EXHIBIT M Other Permits and Licenses IEXHIBIT N Source of Legal Right-To-Enter EXHIBIT O Owners of Record of Affected Land(Surface Area)and Owners of Substance to be Mined I EXHIBIT P Municipalities Within Two Miles EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Conservation District EXHIBIT R Proof of Filing with County Clerk or Recorder I 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) I The instructions for preparing Exhibits A-S,Addendum I,and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule 1.6.2(1)(6)of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required, I or would like to schedule a pre-application meeting you may contact the Office at 303-866-3567. ' Responsibilities as a Permittee: Upon application approval and permit issuance,this application becomes a legally binding document. Therefore,there are a I number of important requirements which you,as a permittee, should fully understand. These requirements arc listed below. Please read and initial each requirement,in the space provided,to acknowledge that you understand your obligations. If you do not understand these obligations then please contact this Office for a full explanation. I raf 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; I I CP2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee I 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; I Ti) 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties, to you as permittee can result; 4. Any modification to the approved mining and reclamation plan from those described in your approved ' application requires you to submit a permit modification and obtain approval from the Board or Office; 5. It is your responsibility to notify the Office of any changes in your address or phone number; ' /7) 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. ' PA 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. I 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. I9. Annually,on the anniversary date of permit issuance,you must submit an annual fee as specified by Statute, and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted ' annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example,a permit with the anniversary date of July 1, 1995,the annual fee is for the period of July 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil I penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as the permittee,to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. INA 10. For joint venture/partnership operators: the signing representative is authorized to sign this document and a power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application. I - 7 - II 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. IThe Office is not allowed to consider comments,unless they are written,and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. IIf 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. I I I I I I I I I I I I $ _ . Certification: As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum Irequirements of the following terms and conditions: I. To the best of my knowledge,all significant,valuable and permanent man-made structure(s)in existence at the time this application is filed,and located within 200 feet of the proposed affected area have been identified in this application ' (Section 34-32.5-115(4)(e),C.R.S.). 2. No mining operation will be located on lands where such operations are prohibited by law ' (Section 34-32.5-115(4)(f),C.R.S.; 3. As the applicant/operator,I do not have any extraction/exploration operations in the State of Colorado currently in I violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section 34-32.5-120, C.R.S.)as determined through a Board finding. 4. I understand that statements in the application are being made under penalty of perjury and that false statements ' made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503,C.R.S. This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112,C.R.S.,of the Colorado Land I Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to section 34-32.5-123, C.R.S. ,f ' Signed and dated this U day of .2014.e / , a O// - L.G. Everist, Incorporated / If Corporation Attest(Seal) ' Applicant/Operator or Company Name Signed;, � /jiwvtin :Ks' See !kAi . Signed:_ #J ccMa5 I O1 .• . "y, '. Corporate Secreterry or Equivalent Title: Vice President i e 1 i Town/City/County Clerk i State of ) ..-9)...•• ��OFCUI I ) ss. County of ) 9i-m.../ t V LG4r) 7 The foregoing instrument was acknowledged before me this 0 day of , I d 0 i/ by Dennis L. Fields as Vice President of L.G. Everist, Incorporated INotary Public ' My Commission expires: //9/aoJa SIGNATURES MUST BE IN BLUE INK IYou must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a ITABLE OF CONTENTS Exhibit A - LEGAL DESCRIPTION (no change) 1 Exhibit B - VICINITY MAP (no change) 2 I Exhibit C - PRE MINING MAP (SEE MAP POCKET) 30 Exhibit C-1 - MINING PLAN MAP 3 Exhibit D - MINING PLAN AND TIMETABLE 3 IFigure D-1- MINING PHASE MAP 6 Exhibit E - RECLAMATION PLAN AND TIMETABLE 7 Figure E-1- COLOR RECLAMATION MAP 9 I Exhibit F - RECLAMATION PLAN MAP (SEE MAP POCKET) 30 IExhibit G - WATER INFORMATION (no change) 10 Exhibit H - WILDLIFE INFORMATION (no change) 10 IExhibit I - SOILS (no change) 10 Exhibit J - VEGETATION (no change) 10 IExhibit K - CLIMATE (no change) 10 IExhibit L - RECLAMATION COSTS 11 Exhibit M - OTHER PERMIT AND LICENSES 13 IExhibit N - SOURCE OF LEGAL RIGHT TO ENTER 14 Exhibit O - OWNERS OF RECORD 20 IFigure O-1- CURRENT OWNERSHIP MAP 21 Exhibit P - MUNICIPALITIES WITHIN TWO MILES 22 IExhibit Q - NOTICES AND PROOF OF MAILING BOARD OF COUNTY AND LOCAL SOIL CONSERVATION BOARD 23 IExhibit R - CLERK AND RECORDERS NOTICE AND PROOF OF MAILING 25 Exhibit S - PERMANENT MAN-MADE STRUCTURES 26 IPUBLIC NOTICE 27 IPOSTED NOTICE CERTIFICATION 28 PROOF OF DELIVERIES 29 I I ' Exhibit A LEGAL DESCRIPTION No Change Parts of Section 1, Township 10 North, Range 67 west and parts of Sections 26, 27 & 35, Township 11 North, Range 67 West, 6th Prime Meridian, Weld County, Colorado . Containing 1, 412 . 0 acres more or less . 1 1 1 ' 1 Ill - • - �� ' s* 1 1k,' ° Ji .. l y { l ♦ e I 5 7 • rt s..l.-,-"4:-. :-.) ,ev..-,-.;-.: _ _ _ 1.. --- -* - t- 7-.I Nt. I :41, _ ? St: • • POI. I h T ,� rr ` ENTRANCE 40d53' 50.87" W, 104d52 '09.24" N �`, 1 I Carr • 3; Ira lut! f - 9. ( - \ _- \ • s _ �: • -.tb. i?:aU.S • 0+ `�\N. -•. i • it.I 27 26 25 A 27 alcm\r * . e... - , 2 /i i fierzt: ‘.0,1 . ) I J a I H ' j , I I \� i ' r''I M I \aKter am ick / i _. mil. TRANSLOAD AREA // ' . sr, ' '6648 his I3 } 34 'I 36 1 c------f\\ \I, 34 35 ( 3F. l .L\ ,/ ^I t % N....re\ \_..., k6 5 • ~ / —1> - e • I) •Declination G (I% J\\\ vt) j `I M ll:44rMI6 \1 9M 5628 • - ` cA two Gravel Pitt- 7 ' i \ gr.. .: I MN 9° 06. E 1{ Copyright {C�Z008. MyTopo Name: CARR EAST (CO) PARTS OF SECTION 1 , T-10-N, L.G. EVERIST, INC. I Date: 09/06/11 R-67-W, AND PARTS OF SECTIONS Scale: 1 inch = 2,000 ft. 26, 27 & 35, T-11 -N, R-67-W, 6TH P.M., CARR GRAVEL RESOURCE WELD COUNTY, COLORADO EXHIBIT B - VICINITY MAP 1 ' Exhibit C - PRE MINING MAP ' No change . Company name changed by succession of operator in 2005 . See Map Pocket . Exhibit C-1 - MINING PLAN MAP Revised map included. See Map Pocket . ' Exhibit D MINING PLAN Unless specifically discussed below, the methods described t and approved in the original 1988 permit and 2000 amendment applications, mining and reclamation plans will remain unchanged. The current bond is $51, 400 . ' There are no changes to the mining method as approved in the current plan . The primary reason for this amendment is to change ' the final reclamation on 289 . 75 acres ± located in part of old Phase 2 (Sec . 35, T-11-N, R-67-W) of the approved plan from rangeland to a rail transload and storage yard. Additional minor ' changes to the final reclamation are discussed in Exhibit E, Reclamation Plan . Changes affecting the mining operation include removing the ' centrally located Plant Site and processing area, and replacing the former large stationary plants with temporary processing equipment that will move with the remaining active mining. The 35 . 0 acres of disturbed area will remain but will become a moving area containing 10 . 0 acres of portable plant site, 3 . 70 acres of temporary equipment storage area and 21 . 30 acres of stripped, ' partially mined and partially reclaimed areas . See the Mining Plan Map for typical layout of this area. ' PHASE NAME CHANGES This amendment will rename old Phases 1, 2, 3, & 4 into one ' phase and be referred to as the North Area. The old Phases 5 & 6 will be renamed the South Area . The North Area consists of approximately 901 acres and the South Area consists of approxi- mately 511 acres . Attached is Figure D-1, showing the renamed phases . Mining has ended on the North Area of the operation and most of the area has been revegetated. There is some reprocessing of materials that have been removed from the old Plant Site . Of the approximate 901 acres ± contained in the North Area, we are ' changing the final end uses on an area covering approximately 303 . 00 acres ± . Of this area 280 . 0 acres will be Transload Area, 9 . 75 acres is the Equipment Storage area, and 13 . 25 acres will be property access roads . Mining has progressed into the South I 3 1 MINING PLAN EXHIBIT D (cont) Area, which is also where the portable processing equipment will ' be located. OPERATIONS/PROCESSING CHANGES#2 This amendment removes the fixed Plant Site located on the ' northern end of old Phase 2 and changes the plan so that material processing will move with the mining face . This allows us to load ' material directly from the mine face to the portable processing plant and reduces the raw material haul distance . The final product stockpiles will remain near the mine face until they have been hauled from the site . We estimate the portable Plant Site will cover 10 . 0 acres ± at any one time . An additional 3 . 70 acres will be used as a temporary equipment storage area in the vicin- ity of the working plant site area . The existing fixed Plant Site will become part of the new Transload Area described in the amended Reclamation Plan in ' Exhibit E . The scales will remain in their present location adjacent to the north haul road for the life of the mine and will remain as part of the Transload Area for final reclamation . The L.G. Everist mine operation scale house/office will be moved slightly south and to the west side of our shop building. A ' second office will be placed east of the shop for the Transload Area operations . The buildings and scale will remain after reclamation is complete to provide support services to the ' Transload Area . None of the ponds at Carr intersect the groundwater table . Most were used as settling ponds for sand and gravel processing ' wash water, and two were used for water storage . All of the ponds that were used for sand and gravel material processing will be reclaimed. They have already been partially filled with fine ' material left during processing and will be further stabilized and returned to original grade, so that the area can be useable as part of the Transload Area. ' The two ponds used for water storage will remain as part of the amended final reclamation and will continue to be used for ' dust control on the mine site and then will remain after mining and reclamation is complete, to provide dust control water for the Transload Area . The water is pumped from well #52769-F and ' said well is adjudicated for these uses . MINE ENTRANCE AND INTERIOR ROAD CHANGES ' The former reclamation plan showed no roads remaining within the site as part of final reclamation . This amendment changes the I 4 MINING PLAN EXHIBIT D (cont) primary mine entrance, the location of the primary haul road into the mine, and leaves various roads within the site after final reclamation, as they will be needed for the on-going Transload Area as well as property owner access roads . ' The primary mine entrance is moving to WCR 126 from WCR 124 . The rail crossing from the mine to WCR 124 was closed by the UPRR in 2000 so is no longer available . The existing secondary access ' point on WCR 120 is not changing . The primary haul road now starts at WCR 126 and travels south into the mine as shown on the revised Reclamation Plan Map. ' The haul road continues east around the Transload Area and then south through the South Area to the existing secondary access on WCR 120 . This road will remain as part of final reclamation and will continue to be used for access by the Transload Area opera- tions as well as landowners . The road from the northern most water storage pond to the twell on Lone Tree Creek will also remain as part of final recla- mation. 5 FIGURE D-1 - PHASE MAP (REvtsED) LG EVERIST, INC. - CARR GRAVEL RESOURCE ' + + + PERMIT # M-1988-048 + + + + + + + + + + + + + + + + + + + + + + + NORTH AREA + + + + + + + + 901.0 AC. ± + + + OLD PHASES 1,2,364 + + + + + + + + + + + + + + + + + + + + + + + + + a x x x x x x x x ' x x x x x x x x x x x x x x x x x x I x x x x x x x x x x N x x x x x x x x x x x x x x x x x x x x x x x x I x x x x x SOUTH AREA x „ , x x 511.OAC. ± : x x x x > x x OLD PHASES 5&6 ; x x x x > x x x x x x x x x x x x x x x > x x x x x x x x x x x x x x > x x x x x x x x x x x x x x > x x x x x x x x x > Ix x x x x x x x x > ' DATE: JUL 28, 2011 - 13:20:04 1 ' Exhibit E RECLAMATION PLAN Unless specifically discussed below, the reclamation methods described and approved in the original 1988 permit and 2000 ' amendment applications, will remain unchanged. The following text explains the changes to the Reclamation Plan as proposed in this amendment . The proposed changes to the Reclamation Plan do not affect the South Area except for leaving the haul road. TRANSLOAD AREA Currently the post mining land use is rangeland which will remain the same except on the area in old Phase 2, designated as ' the Transload Area . For many years, this area has had a railroad spur running into the Plant Site area to allow us to transport sand and gravel via rail to our market area . Mining ended in the ' southern portion of this area in 2009 and the area was graded and shaped according to the existing reclamation plan . Portions of the south part of the Transload Area has been temporarily seeded ' to protect it from erosion but as the site develops this grass may be removed and replaced with roadbase material as needed for Transload material storage and operations . ' In 2009, we applied to revise our Use by Special Review permit in Weld county to designate a 280 acre +/- area of the mine as a Transload site . The County permit allowing us to ' install additional rail line and change the uses allowed on the site so the Transload operation could be developed. We received approval from Weld County on November 24 , 2010 to develop the ' site per the approved amendment . This will be done by leasing the Transload Area, installing additional railroad lines on the ' area and possibly installing a second connection to the main rail line on the west side of the property. A storm runoff detention pond has been built on the east ' side of the site to collect stormwater from the graded area. Stormwater collecting in this pond will evaporate or if needed, it will be discharged under our CPDS permit once it has cleared ' up. This pond will remain as part of the reclaimed area . Reclamation for the Transload Area calls for the parking and storage areas and access driveways/roads to be surfaced with gravel, recycled asphalt or the equivalent and graded to direct drainage towards the detention pond. Since much of the area was part of the original Plant Site this is mostly completed. If the rail spur is extended around the site and more area is leased it will be resurfaced as described above . Until that time the existing grass cover will be maintained. At this time, only the 7 section of rail line shown on the reclamation map has been installed. Additional rail line may be installed at a future ' date and will remain as part of the final beneficial use associ- ated with the Transload Area . The proposed future rail line location shown on the map may change as the site develops, so is shown in the proposed location. It is our plan to ask for a release on this area, upon approval of this amendment, since reclamation will be done, beneficial use is already established and the area will be operated separate from the mine . ' RETAINING ACCESS ROADS In the original Reclamation Plan the North/South haul road was to be removed and the entire area revegetated. Changing from ' a permanent Plant Site to a Transload Area creates a need for a permanent road across the North Area . In the existing Reclama- tion Plan the main haul road crossing the site from north to south was to be removed during final reclamation . Now that mining and reclamation are done in the North Area we are close to completing reclamation and asking for a release of some of the area but will still need the haul road to access our Transload Area and provide property access in the future . This amendment provides for leaving an access road and the well access road on ' the mine as shown on the revised Reclamation Plan Map. The southern extension of this road will remain on the South Area, too . As reclamation ends on the North Area the road will be ' graded and maintained while areas around it are revegetated or graveled as appropriate . ' EQUIPMENT STORAGE AREA We moved our equipment storage area from old Phase 1 to a ' 9 . 75 acres +/- area on the southern end of old Phase 3 so it is on land owned by L.G. Everist, Inc . and is now closer to the shop building . The area has been graveled to protect it and to make ' it suitable for the intended end use . Our plan is to use this area as a permanent storage area during the life of the mine and when mining ends it will continue to be used as Equipment Storage ' and as part of the Transload Area. The area will be reclaimed by graveling and grading as needed. The revised Reclamation Map shows the location of this equipment storage area . The 3 . 70 acre t temporary equipment storage area will be reclaimed when mining ends . 8 I FIGURE F-1 - RECLAMATION PLAN LG EVERIST, INC. - CARR GRAVEL RESOURCE PERMIT # M-1988-048 '1 •W NW Se hI'114 1 j \c. i ROADS (13.25 AC. ±) North Arca TRANSLOAD/PARKING AREAS I I \I ,.KW b. ,. i ww r- (289.75 AC. ±) P .r.... At Ill „ ,. y ,,,,.,.,.„Peal REGEVETATED (856.0 AC. ±) ATrainload Area NOTE. THE CONFIRMATION OF TE POTENTIAL II RAIL LINE SHOWN IN H AREA MAY _.. SITECHANGELOCATION AND SHAPE AS THE ,,.- UNDISTURBED (253.0 AC. ±) SITE otvaas. C 1 North Arca I It I I South Area N I _ I - 1114 . _ Exhibit G - WATER INFORMATION ' This information is unchanged. Exhibit H - WILDLIFE INFORMATION ' This information is unchanged. Exhibit I - SOILS ' This information is unchanged. Exhibit J - VEGETATION This information is unchanged. EXHIBIT K - CLIMATE This information is unchanged. 10 I I EXHIBIT L RECLAMATION COSTS (Revised 9/1/11) I This reclamation cost estimate in based on the assumption that no more then 118 . 25 acres will need some form of reclamation at any one time . Of this 118 . 25 acres, 13 . 25 ac . would be roads, 35 . 0 I acres active mining area that would be stripped, partially mined areas, the temporary equipment storage area and Plant site/ stock- pile areas . The remaining 70 acres is partially reclaimed area that has been seeded and bonded for reseeding if necessary. The 35 I acre mining area would need resoiling with six inches of topsoil or 28, 233 cubic yards, spread on the disturbed area . The current plan calls for seeding the area with sorghum initially in early summer I and then inter-seeding the same area with the grass seed mix the following fall or early spring. We have included an estimate for seeding the sorghum and a second calculation for seed bed prepara- tion, fertilizing and seeding the area with grass . The grass I revegetation cost figure includes fertilizer, grass seed, and drilling costs . The sorghum seeding is for seed and drilling only. Since the mine face is worked near vertical we will have to I use a cut/fill method of grading the slope on that area . The working face will be limited to 1, 000 liner feet at any one time, the height of the excavation is 8 feet or less, requires moving 0 . 30 yds per linear foot to create the 2 : 1 slope . We have not I included the cost to demolish the concrete foundations of the scale/scale house since that structure will remain for use at the Transload Area when reclamation is complete . There are no concrete I structures associated with the processing plant as it will be a portable plant . Two 627C Cat motor scrapers or similar equipment will be used to resoil the area and a 140G Cat motor grader or similar equipment I will be used to grade the road. A D6T Cat dozer or similar equip- ment will be used to slope the working face . These figures are then used in the calculations for the bond I amount . The tables below outlines the various areas of disturbance at that the time described above . RECLAMATION ACTIVITY AREA AC.m IRESOIL (ac) 35.00 REVEGETATE (sorghum) 35.00 REVEGETATE (grass) 35.00 I POTENTIAL SECONDARY REVEGETATION 70.00 MINING FACE SLOPING (Lft) 1,000 IROADS (acl 13,25 I BATA EXPLANATION QUANTITY UNITS Soil depth 6.00 inches I Bank Slope reconstruction 1000 Lft Bank Slope (backfill volume) 0.30 cy/Lft 'Need control costs $5.000.00 Per year I 11 I ' EXHIBIT L RECLAMATION COSTS (cont) I ESTIMATED UNIT COSTS FOR RECLAMATION ITEMS: ' Unit Cost 1 . Revegetation includes grass seed mix, mulch and fertilizer and labor to drill . $500 . 00/AC . I 2 . Revegetation includes sorghum & labor to drill . . $72 . 35/AC . 3 . Re-spreading soil and/or growth media with 627-E Motor Scraper, Haul distance less than 900 55 . 2c/YD3 I 4 . Grade roads, 140G motorgrader. $48 . 53/ac 5 . Cut/fill sloping on mine face, D6T Dozerpush distance 50 feet or less . 36 . 3t/YD' 6 . Secondary Revegetation seeding only. $165 . 00/ac RECLAMATION COSTS ' 1 . Revegetation grass seed, 35. 00 ac @ $500 . 00/ac $17, 500 . 00 2 . Revegetation sorghum, 35 . 00 ac @ $72 . 35/ac 2, 532 . 25 3 . Resoiling, 28, 233 yd3 @ 55 .24/yd3 15, 584 . 86 I 4 . Grading roads 13 .25 acres @ $48 . 53/ac 643 . 02 5 . Cut/fill mine face slopes, 1000 Liner ft @ 0 . 96 yd/lft * 36 .34/yd3 108 . 95 6 . Secondary revegetation 70 . 0 ac x 33% x $165 . 00/ac 3, 811 . 50 7 . Weed control costs 5, 000 . 00 Net Total $45, 180 . 58 8 . Indirect costs I Mobilization 4, 718 . 79 Insurance, Bond, Profit & Job super . 5, 908 . 10 9 . Administration costs 3, 054 . 28 ' TOTAL ESTIMATE $58, 858 . 77 RECOMMEND BOND BE SET AT $59,000.00 I I I ' Equipment listed in this estimate is used for the calculations and similar types may be used in the actual reclamation activities at the mine. I Source of figured using, Cat Handbook #38 and rental costs from Means for 83% efficiency, for eastern Colorado I I 12 1 Exhibit M OTHER PERMIT AND LICENSES 1 . An Air Pollution permit in place (85WD068F) . 2 . A Use by Special Review permit from Weld County was approved ' for this use on November 24, 2010, Case # 2nd AMUSR 840 . 3 . This is a open pit operation and ground water will not be ' exposed so a well permit and temporary supply plan is unnec- essary. 4 . A dredge fill permit (404) is not required at this time ' because waters of the U. S . will not be impacted. If wetland areas are mined we will obtain the necessary permit . There are no wetlands on the permitted lands . ' 5 . A Storm Water Management Plan (SWMP) exists for the mine, (COR-340728) . ' 6 . No dewatering is necessary for the mining operation . 1 1 ' 2 Exhibit N SOURCE OF LEGAL RIGHT TO ENTER ' No Change to this Exhibit. L .G. Everist, Inc . , is now the owner of the area being amended. A copy of the deed for the newly purchased lands is attached for the file . 1 1 t 1 1 ' 14 I eRecorded in Weld County, CO Doc Id: 3779330 07/13/2011 09:09 A Page: 1 of 5 Total Fee: $121.00 Steve Moreno, Clerk and Recorder IGENERAL WARRANTY DEED THIS GENERAL WARRANTY DEED is dated to be effective as of July 12, 2011, and is ' zP between: RANDY B. LEHR, TRUS 1EE OF THE VICTOR LEHR TESTAMENTARY TRUST I ("Grantor"),whose legal address is Rural Route 1,Box 98,Texhoma,Oklahoma 73949, and L.G. EVERIST, INCORPORAMD, an Iowa corporation ("Grantee'), whose legal illaddress is 7321 East 88th Avenue,Suite 200,Henderson,Colorado 80640, WITNESS, that Grantor, for and in consideration of the sum of Dollars, I _and other good and valuable consideration, the receipt ansufficiency o which is hereby acknowledged,hereby grants,bargains, sells,conveys and confirms unto Grantee and its successors and assigns forever, all the real property, together with any improvements thereon, I located in the County of Weld and State of Colorado (the "Real Property"), described as follows: See Exhibit A attached hereto and incorporated herein by this reference ITOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining,the reversions,remainders,rents,issues and profits thereof; and all the I estate,right,title,interest,claim and demand whatsoever of Grantor, either in law or equity,of, in and to the above bargained premises,with the hereditaments and appurtenances; I TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances,unto Grantee and its successors and assigns forever. Grantor,for Grantor and Grantor's heirs and assigns, does covenant, grant,bargain,and agree to I and with Grantee and its successors and assigns:that at the time of the ensealing and delivery of these presents, Grantor is well seized of the premises above described;has good, sure,perfect, absolute and indefeasible estate of inheritance,in law and in fee simple; and has good right,full I power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid; and that the same are free and clear from all former and other grants,bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, I except and subject to all mineral reservations and conveyances of record, if any, and to those matters set forth on Exhibit B attached hereto and incorporated herein by this reference And Grantor shall and will WARRANT AND FOREVER DEFEND the above described I premises in the quiet and peaceable possession of Grantee and its successors and assigns,against all and every person or persons claiming the whole or any part thereof. [Remainder of page intentionally left blank;Grantor's signature on following page.] ' I 10T123-DD0063419406.1 —1:54--3 O°a I I eRecorded in Weld County, CO Doc Id: 3779330 ' 07/13/2011 09:09 A Page: 2 of 5 Total Fee:$121.00 . Steve Moreno, Clerk and Recorder 1 • ' IN WITNESS WHEREOF, Grantorhas executed this General Warranty Deed to be effective as of the date fast set forth above. GRANTOR ' Randy B.T ehr, rustee of the Victor Lehr Testamentary rust ' STATE OF O1144OMk ) )SS COUNTY OF (-eiC45 ) ' The foregoing instrument was acknowledged before this I&day of Jo 7 , 2011, by Randy B.Lehr,Trustee of the Victor Lehr Testamentary Trust. / ' Witness my hand and official seal. �y My commissions expires: 11-2,3-201( /��V{— rt ' Notary Public [SEAL] RICK HARBISON NOTARY PUBLIC-STATE OF OKUWOMA ' MY COMMISSION EXPIRES 11smin11 TEXAS COUNTY COMMISSION#99018999 1 1 ' 107223-00006-1419406.1 2 1 eRecorded in Weld County,CO Doc Id: 3779330 07/13/2011 09:09 A Page: 3 of 5 Total Fee:$121.00 Steve Moreno, Clerk and Recorder ' EIGIT A (Attached to and forming a part of the General Warranty Deed ' from Randy B.Lehr,Trustee of the Victor Lehr Testamentary Trust,as grantor to L.G.Everist,Incorporated,as grantee) Description of the Real Property All of Section 35,Township 11 North,Range 67 West of the 6th P.M., County of Weld,State of Colorado;and All of Section 1,Township 10 North,Range 67 West of the 6th P.M.,County of Weld, State of ' Colorado; Specifically including but not limited to all rights to all sand, gravel, aggregate, stone,rock, silt,clay,shale,overburden and topsoil owned by Grantor,lying in,on and under such property. ' Assessor's Parcel Nos.: 020135000007 030301000006 1 107223-00006-1419406.1 lHCk I eRecorded in Weld County, CO Doc Id: 3779330 07/13/2011 09:09 A Page:4 of$ Total Fee: $121.00 Steve Moreno, Clerk and Recorder II ' EXHIBIT B (Attached to and forming a part of the I General Warranty Deed from Randy B.Lehr,Trustee of the Victor Lehr Testamentary Trust,as grantor to L.G.Everist,Incorporated,as grantee) ' List of Exceptions to Title I 1. Taxes and assessments for the year 2011,a lien,not yet due and payable,and subsequent years. I 2. Right of way for county roads 30 feet wide on either side of section and township lines, as established by the Board of County Commissioners for Weld County, recorded October 14, 1889,in Book 86 at Page 273. I 3. Reservations and exceptions in the patent by the United States recorded May 11, 1897 in Book 153 at Page 159. I 4. Reservations and exceptions in the patent by the United States recorded March 24, 1902 in Book 190 at Page 244. 5. Reservation of(1) all oil, coal and other minerals underlying subject property; (2) the I exclusive right to prospect for,mine and remove oil,coal and other minerals; and(3)the right to ingress, egress end regress to prospect for,mine, and remove oil, coal and other minerals, as contained in Deed from Union Pacific Railroad Company recorded I September 17, 1907 in Book 233 at Page 109, 6. Reservation of interest in coal, oil, gas and other minerals in the instrument recorded December 31, 1908 in Book 287 at Page 578,together with the appurtenant rights to use Ithe surface. 7. Terms and provisions of the Mining Lease from Richard Melton, lessor, to Power I Resources Corporation, lessee, dated February 5, 1974 and recorded March 11, 1974 at Reception No. 1631727. • 8. Terms and provisions of the Mining Ieasr from Amy F. McElroy, lessor, to Poere I Resources corporation,lessee, dated February 8, 1974 arid recorded March 11, 1974 at Reception No. 1631728. I 9. Terms and provisions of the lease from June It Lehr,lessor,to Andesite Rock Company, lessee,dated April 4, 1983 and recorded May 9, 1983 at Reception No. 1926321. 10. Mineral Deed between Union Pacific Land Resources Corporation and Champlin IPetroleum Company recorded October 6,1976 at Reception No: 1700641. ' 107223-00006.1419406.1 B-1 4 eRecorded in Weld County, CO Doc Id: 3779330 ' 07/13/2011 09:09 A Page:5 of 5 Total Fee: $121.00 Steve Moreno, Clerk and Recorder 11. Any and all notes,provisions and conditions of USR No. 603,7 PIT Pit Pre-Mining Plan, recorded Apr1113, 1984 at Reception No. 1962945. 12. IPA se Agreement between June IL TP An, lessor and Andesite Rock Company, lessee, ' recorded August 4,1987 at Reception No.2109296. 13. Any and all notes,provisions and conditions of USR-840 Use By Special Review Permit ' Plan Pre-Mining and Mining Plan Carr Gravel Resource,recorded December 6, 1990 at Reception No.2235232. 14. An oil,gas and mineral lease recorded March 21,1994 at Reception No.2379250. ' 15. An oil,gas and mineral lease recorded March 29,2007 at Reception No. 3465097. ' Amendment to Oil and Gas Lease recorded April 8,2010 at Reception No.3685868. 16. An oil, gas and mineral lease recorded March 29,2007 at Reception No. 3465098. ' Amendment to Oil and Gas I Pa Se recorded April 8,2010 at Reception Nos. 3685866 and 3685867. ' 17. The following matters as shown on ALTA/ASCM Land Survey by King Surveyors,Inc., project no.201187ALTA,dated March 23,2011: 30' gravel Roads ' Fence Lines that do not correspond to property lines Railroad track Lone Tree Creek 18. Right of Way Fa cement granted to Poudre Valley Rural Electric Association, Inc., recorded February 1,2010 at Reception No.3673134. 19. Long-Term Road Maintenance and Improvements Agreement between the County of Weld and L.G.Everist,Inc.,recorded January 7,2011 at Reception No.3743773. ' [End] 107223-00006-1419406.1 ' B-2 1 ' 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 AMENDMENT AREA) L . G. Everist, Inc . ' 7321 E . 88th Ave, Suite 200 Henderson, CO 80640 ' Lloyd E . & Marjorie J. Thomas 7900 CR 126 Carr, CO 80612 Lazy D Grazing Assoc . Arvid DePorter, Sec . Carr, CO 80612 ' Roy A. Diehl 9378 CR 124 Carr, CO 80612 State of Colorado Land Board Lease Holder L.G. Everist, Inc . 600 Grant St, Suite 640 Denver, CO 80203 ' Union Pacific Railroad 1400 Douglas St . Omaha, NB 68179 20 I .N,2, FIGURE O-1 - OWNERSHIP MAP ,#9`°°N LG EVERIST, INC. - CARR GRAVEL RESOURCE PERMIT # M-1988-048 I (1.) Lloyd E.Thomas Marjorie J.Thomas 7900 CR 126 Carr,CO 80612 I (_ Lazy D Grazing Assoc. Arvid DePorter,Sec. Carr,CO 80612 I 4) Roy A.Diehl 9378 CR 124 Carr,CO 80612 I (4 State of Colorado Land Board Lease Holder:LG Everist,Inc. 600 Grant St,Suite 640 Denver,CO 80203 lrmomas 2 \ L.G.Everist,Inc. 3% — 7755 E.88th Ave,Suite 200 Henderson,CO 80640 I t)) 00 Pacific Railroad 1400 Douglas Douglas St. Traas�oaa Are. Omaha,NB 68179 \ 280 Acres t I \Cr \ \p 4I \ 5.LG Everist J I I I I I N li I I IWELD COUNTY 120 ISOURCE-WELD COUNTY ASSESSOR FILES DATE: AUG 22, 2011 - 16:40:26 I I Exhibit P MUNICIPALITIES WITHIN TWO MILES I None I I I I I I I I I I I I I I 22 ' EXHIBIT Q NOTICE TO COUNTY COMMISSIONERS ' NOTICE OF FILING FOR COLORADO MINED LAND RECLAMATION PERMIT ' FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATIONS NOTICE TO THE WELD COUNTY BOARD OF COUNTY COMMISSIONERS ' L.G. Everist, Incorporated (the "Applicant/Operator") has applied for an amendment to their Carr Gravel Resource regular (112) reclamation permit (M-1988-048) from the Colorado Mined Land ' Reclamation Board ("the Board") to conduct an extraction of construction materials operation in Weld County. The attached information is being provided to notify you of the location and ' nature of the proposed operation . The entire application is on file with the Colorado Division of Reclamation, Mining & Safety ("the Division" ) and the local county clerk and recorders office . ' The applicant proposes to reclaim the land as Transload Area and 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 I 23 1 EXHIBIT Q (cont.) NOTICE TO SOIL CONSERVATION DISTRICT NOTICE OF FILING FOR COLORADO MINED LAND RECLAMATION PERMIT 1 FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATIONS NOTICE TO THE BOARD OF SUPERVISORS OF THE LOCAL SOIL CONSERVATION DISTRICT WEST GREELEY DISTRICT 1 L.G. Everist, Incorporated (the "Applicant/Operator") has applied for an amendment to their Carr Gravel Resource regular (112) 1 reclamation permit (M-1988-048) from the Colorado Mined Land Reclamation Board ("the Board") to conduct an extraction of construction materials operation in Weld County. The attached 1 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 . 1 The applicant proposes to reclaim the land to a Transload Area and rangeland. Pursuant to C .R. S . 34-32 . 5-116 (4) (m) , C .R. S . , the 1 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 opera- tion . 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, 1 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) 1 1 1 1 1 Hand Delivered 1 24 EXHIBIT R PROOF OF FILING WITH COUNTY CLERK AND RECORDER se,;;,ember >, 2G11 Weld County Clerk to the Board Board of County Commissioners Office ' 915 Tenth St . Greeley, Colorado 80631 t Re : Amendment of a Mined Land Reclamation Permit Dear Sir/Madam: We are delivering to you herewith, an amendment to our approved ' permit application for the Carr Gravel Resource (permit # M-1988-048) operated by L. G . Everist, Incorporated. Two copies of the amendment application are on file with the Division of Reclamation, Mining & ' Safety. This copy of the amendment application is delivered to you pursuant to 34-32 . 5-112 (9) (a) , Colorado Revised Statutes 1995, as amended, which states in part : ' .... the applicant shall place a copy of such application for public inspection at the office of the Board and Office of the County Clerk and Recorder of the county in which the affected land is located. ' This book must be kept for public review until the amendment has been approved by the Division . We will contact you once it is and make arrangements to pickup this copy. Please acknowledge receipt of the copy of the permit amendment by signing in the appropriate space provided below and returning one copy of this letter to the person delivering the book. This will be submitted to the Division of Reclamation, Mining & Safety to prove the amendment book was delivered to your office . Yours truly, ENVIRONMENT, INC . Stevan L. O'Brian ' enclosure RECEIVED THIS DAY OF , 2011, one copy of an application amendment packet for above referenced mine. ' Weld County Clerk to the Board By 1 ' 25 ' EXHIBIT S PERMANENT AND MAN-MADE STRUCTURES No change to this Exhibit . t 1 1 t ' 26 I ' PUBLIC NOTICE PUBLISHED NOTICE OF APPLICATION AMENDMENT FILING FOR A REGULAR (112) CONSTRUCTION MATERIALS RECLAMATION PERMIT L . G . Everist, Incorporated has filed an application amend- ment to their Reclamation Permit with the Colorado Mined Land Reclamation Board under the provisions of the Colorado Mined Land Reclamation Act for the extraction of construction materials . ' The mine is known as the Carr Gravel Resource (permit # M-1988- 048) and is located in parts of Section 26, 27 & 35, T-11-N, R- 67-W and parts of Section 1, T-10-N, R-67-W, 6th Principal t Meridian, Weld County, Colorado . The date of commencement for this mine was 1988 and the proposed date of completion December 2045 . The proposed future ' use of the land is a Transload area and rangeland. Additional information and the tentative decision date may be obtained from the Division of Reclamation, Mining & Safety, 1313 Sherman St . , Suite 215, Denver, CO 80203 (303) 866-3567, or ' at the Weld County Clerk 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 2011 . 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: 1 27 t ' NOTICE ' This site is the location of a proposed construction materials operation known as the Carr Gravel Resource, Permit # M-1988-048 . ' 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 . 1 ' Certification I , hereby certify that I posted a sign ' containing the above notice for the proposed permit area known as the Carr Gravel Resource, on , 2011 . 1 ' Signature Date 1 1 28 LARGE MAPS AVAILABLE FOR VIEWING AT THE CLERK TO THE BOARD 'S OFFICE , IN THE PUBLIC REVIEW FILE . STATE OF COLORA DC 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 Phone:(303)866-3567 DIVISION () FAX:(303)832-8106 RECLAMATIOt MINING • —&- SAFETY John W.Hickenlooper Governor Notice of 112 Construction Materials Mike King Executive Director Reclamation Permit Amendment Application Consideration Loretta E.Pifieda Director DATE: September 21,2011 TO: Weld County Commissioners County Commissioner 915 10th St Greeley, CO 80631 FROM: ' Eric C. Scott,Environmental Pro Specialist RE: L.G. Everist, Inc., Carr Gravel Resource,Permit No. M-1988-048 Please be advised that on September 21, 2011, L.G. Everist, Inc., whose address and telephone number are 7321 E. 88th Ave., Ste 200 , Henderson, CO 80640; (303) 287-4656, filed an Amendment application to M-1988-048, Carr Gravel Resource, which is located at or near Section 26, Township 11N, Range 67W, 06th Prime Meridian, in Weld County. The application decision is scheduled for December 20, 201 1. 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. �1 i�bllc, Pavrt1/4.A) PL g143- II ao�lau 5 STATE OF COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY /t ^/l °(1 Department of Natural Resources (�'�/' ` 1313 Sherman St.,Room 215 Denver,Colorado 80203 C O L O R A DO Phone:(303)866-3567 CONSTRUCTION MATERIALS DIVISION RECLAMATION FAX:(303)832-8106 REGULAR(112)OPERATION MINING RECLAMATION PERMIT APPLICATION FORM SAFETY Bill Riner,Jr. CHECK ONE: There is a File Number Already Assigned to this Operation Governor Harris D.Sherman Permit# M - - (Please reference the file number currently assigned to this operatiolflecutive Director F. New Application(Rule 1.4.5) I✓!, Amendment Application(Rule 1.10) Ronald W.Catany Division Director Ii_Conversion Application(Rule 1.11) Natural Resource Trustee Permit# M -1988 _048 - (provide for Amendments and Conversions of existing permits) i The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts: (1)the application form;(2)Exhibits A-S,Addendum 1,any sections of Exhibit 6.5(Geotechnical Stability Exhibit;and(3)the application fee. When you submit your application, be sure to include one (1) complete signed and notarized ORIGINAL and one (1) copy of the completed application form,two(2)copies of Exhibits A-S,Addendum 1,appropriate sections of 6.5(Geotechnical Stability Exhibit,and a check for the application fee described under Section(4)below. Exhibits should NOT be bound or in a 3-ring binder;maps should be folded to 8 1/2"X 11"or 8 1/2"X 14"size. To expedite processing,please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly,in the space provided,ALL information requested below. 1. Applicant/operator or company name(name to be used on permit): L.G. Everist, Incorporated 1.1 Type of organization(corporation,partnership,etc.): Corporation 2. Operation name(pit,mine or site name): Carr Gravel Resource 1,412.0 acres 3. Permitted acreage(new or existing site): permitted 3.1 Change in acreage(+) Retemgie 0 acres 3.2 Total acreage in Permit area 1,412.0 acres SEP 15 7011 4. Fees: 191vioion of Reclaim:rim q�00 application fee 4.1 New Application 1 iNN1g and Safety app quarry application 4.2 New Quarry Application 4.4 Amendment Fee $2,229.00 amendment fee 4.5 Conversion to 112 operation(set by statute) AAl9AAW conversion fee 5. Primary commoditie(s)to be mined: Gravel Sand 5.1 Incidental commoditie(s)to be mined: 1. - lbs/Tons/vr 2. / lbs/Tons/vr 3. / lbs/Tons/vr 4. / lbs/Tons/vr 5. / lbs/Tons/vr 5.2 Anticipated end use of primary commoditie(s)to be mined: Specification aggregates, concrete and asphalt 5.3 Anticipated end use of incidental commoditie(s)to be mined: Office of Office of Mined Land Reclamation i Denver • Grand Junction • Durango Active and Inactive Mines -2- • 6. Name of owner of subsurface rights of affected land: �•G• Everist, Incorporated If 2 or more owners,"refer to Exhibit O". 7. Name of owner of surface of affected land: L.G. Everist, Incorporated 8. Type of mining operation: _ ✓ Surface Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN(check one): ! ., 6th(Colorado) n 10th(New Mexico) FT Ute SECTION(write number): S 27 TOWNSHIP(write number and check direction): T 11 V North l.Iii South RANGE(write number and check direction): R 67 East l'' { West QUARTER SECTION(check one): N'E IT NW IT' SE r SW QUARTER/QUARTER SECTION(check one): �; NE I .._'NW 1-1.-7! SE SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): Approximately 1/2 mile east of the town of Carr, CO. Approx. Elevation 5685' msl 10. Primary Mine Entrance Location(report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (N) 39° 44' 12.98" (W) 104° 59' 3.87" Latitude(N): deg 40 min 53 sec 50 87 _ (2 decimal places) Longitude(W): deg 104 min 52 sec 09 34 (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 Easting Northing -3- 11. Correspondence Information: APPLICANT/OPERATOR (name,address,and phone of name to be used on permit) Contact's Name: Dennis L. Fields Title: Vice President Company Name: L.G. Everist, Inc. Street/P.O.Box: 7321 E 88th Ave., Suite 200 P.O. Box: City: Henderson State: CO Zip Code: 80640 Telephone Number: (303 )- 287-4656 Fax Number: (303 )_ 289-1348 PERMITTING CONTACT (if different from applicant/operator above) r Steve O'Brian President Contacts Name: Title: Company Name: Environment, Inc Street/P.O.Box: 7985 Vance Dr. #205A P.O. Box: City: Arvada State: CO _ Zip Code: 80003 Telephone Number: (303 )_ 423-7297 Fax Number: (303 )_ 423-7599 INSPECTION CONTACT Contact's Name: Lynn M. Shults Title: Regulatory Manager Company Name: L.G. Everist, Inc. Street/P.O.Box: 7321 E 88th Ave., Suite 200 P.O.Box: City: Henderson State: CO Zip Code: 80640 Telephone Number: 1303 )_ 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. Primary future(Post-mining)land use(check one): Li� Cropland(CR) i 1 Pastureland(PL) I 1 General Agriculture(GA) P 1 Rangeland(RL) Forestry(FR) Wildlife Habitat(WL) Residential(RS) Recreation(RC) (_ Industrial/Commercial(IC) Developed Water Resources(WR) 1 1 Solid Waste Disposal(WD) 13. Primary present land use(check on IICropland(CR) _ Pastureland(PL) General Agriculture(GA) j ] Rangeland(RL) �- Forestry(FR) Wildlife Habitat(WL) t Residential(RS) t Recreation(RC) l -I Industrial/Commercial(IC) _6,,a Developed Water Resources(WR) 14. Method of Minim': Briefly explain mining method(e.g.truck/shovel): Trackhoe and front end loaders remove material for delivery to the portable processing plant. 15. On Site Processing: V Crushing/Screening 13.1 Briefly explain mining method(e.g.truck/shovel): Material is processed into specification aggregates using crushers, and screen plants List any designated chemicals or acid-producing materials to be used or stored within permit area: None 16. Description of Amendment or Conversion: If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s). This amendment changes the end use on a 303.0 acres from rangeland to transload area, allows for a permanent equipment parking area and leaves roads to access the mined property after reclamation is complete. The mining methods do not change but the plant site will now be • portable and follow the mining activities. The reclamation methods do not change for the non-transload areas and the primary access remains as currently approved. -5 - Maps and Exhibits: Two(2)complete,unbound application packages must be submitted. One complete application package consists of a signed application form and the set of maps and exhibits referenced below as Exhibits A-S,Addendum 1,and the Geotechnical Stability Exhibit. Each exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ease of reference. If separate documents are used as appendices,please reference these by name in the exhibit. With each of the two (2) signed application forms,you must submit a corresponding set of the maps and exhibits as described in the following references to Rule 6.4,6.5,and 1.6.2(1)(6): EXHIBIT A Legal Description EXHIBIT B Index Map EXHIBIT C Pre-Mining and Mining Plan Map(s)of Affected Lands EXHIBIT D Mining Plan EXHIBIT E Reclamation Plan EXHIBIT F Reclamation Plan Map EXHIBIT G Water Information EXHIBIT H Wildlife Information EXHIBIT I Soils Information EXHIBIT J Vegetation Information EXHIBIT K Climate Information EXHIBIT L Reclamation Costs EXHIBIT M Other Permits and Licenses EXHIBIT N Source of Legal Right-To-Enter EXHIBIT O Owners of Record of Affected Land(Surface Area)and Owners of Substance to be Mined EXHIBIT P Municipalities Within Two Miles EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Conservation District EXHIBIT R Proof of Filing with County Clerk or Recorder EXHIBIT S Permanent Man-Made Structures Rule 1.6.2(1)(b) ADDENDUM I -Notice Requirements(sample enclosed) Rule 6.5 Geotechnical Stability Exhibit(any required sections) The instructions for preparing Exhibits A-S,Addendum I, and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule 1.6.2(1)(6)of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required, or would like to schedule a pre-application meeting you may contact the Office at 303-866-3567. Responsibilities as a Permittee: Upon application approval and permit issuance,this application becomes a legally binding document. Therefore,there 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. D 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- 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; J) 1 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties,to you as permittee can result; 4. Any modification to the approved mining and reclamation plan from those described in your approved Ca application requires you to submit a permit modification and obtain approval from the Board or Office; 5. It is your responsibility to notify the Office of any changes in your address or phone number; I/ 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 are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example,a permit with the anniversary date of July 1, 1995,the annual fee is for the period of July 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as the permittee,to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. NA 10. For joint venture/partnership operators: the signing representative is authorized to sign this document and a power of attorney (provided by the partner(s))authorizing the signature of the representative is attached to this application. -7 - NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions,changes,and deletions to this document prior to final decision by the Office. Therefore,if you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what changes may have been made to the application document. The Office is not allowed to consider comments,unless they are written,and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process,you may contact the Office at(303) 866-3567. • - 8- Certification: As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 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 34-32.5-112,C.R.S,-of sfi Colorado Lard°e,, Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shal(Jesfi{t i 4pvoidingany .`4, permit issued on the altered or modified form and subject the operator to cease and desist orders and civil Jere llieT for operatirig,On without a permit pursuant to section 34-32.5-113, C.R.S. n v o Signed and dated Sr' e ,,; ` .e ' :g this day of �C 1 2�m�tJ o�a /f 4 . Or a ra L.G. EveriSt, Incorporated If Corporation Attest(Seal)„Ctin" � °/+ Ts s,.•sti.: yAr ,� ;ve Applicant/Operator or Company Name • y - in,„if itittes' Signed:-___7).¢...y.-r-,--o- Lt 41 -. Signed:'( %�r/R,Lesc/ Cefreat ?U r OTAR • -• Corporate Secretly or Equivalent Title: Vice President •� T_ Town/City/County Clerk .63-111.4...410 .sT:.PUBL1Cr' State of ��, )ss. -..... County of ate-m4 ) The foregoing instrument was acknowledged before me this day of , ad /1 , by Dennis L. Fields as Vice President of L.G. Everist, Incorporated Notary Public My Commission expires: //"a6fa 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 Exhibit A LEGAL DESCRIPTION No Change Parts of Section 1, Township 10 North, Range 67 west and parts of Sections 26, 27 & 35, Township 11 North, Range 67 West, 6th Prime Meridian, Weld County, Colorado . Containing 1, 412 . 0 acres more or less . 1 { l I .RY" sl • i i /r` �' lea i r \ENTRANCE 40d53150 W,104d52'0924"N Car R 1, 1 ' ° . ' V26- s 759- 27IIr\X _ 27''\ ' . eb"P I -i ` ./.M Y �. O - TRANSLOAD AREA s6M 3 34 J /,� 36' I 34 ;i - 35 .. - 36 se i .' I y -.\ �\ 6/6 ` ` l. t \ . . I \ 3 ‘ '. Declination 6 I 4' ril 1 i T 16 \ Y._ BM 01616 iumititillaNN.4 660 Gravel Pii, ii 'It:\ MN9°06'E ' / CapyrigM(C 00 .MyTOPo Name: CARR EAST(CO) PARTS OF SECTION 1, T-10-N, L.G. EVERIST, INC. Date: 09/06/11 R-67-W,AND PARTS OF SECTIONS CARR GRAVEL RESOURCE Scale: 1 inch = 2,000 ft. 26,27&35,T-11-N,R-67-W,6TH P.M., WELD COUNTY, COLORADO EXHIBIT B - VICINITY MAP L. G. EVERIST, INC. WC : I _ cfr, ka& � d .. RAJ Ceti 2"AUS{L k'1O. September 26, 2011 Weld County Board of Commissioners 1150 "0" Street CERTIFIED RETURN Greeley, Colorado 80632 RECEIPT REQUESTED ITEM # 7010 1670 0001 7818 1620 Dear Board Members; RE: Carr Gravel Resource M.L.R.B. Permit # M-1988-048 This letter contains a notice that we have filed an amend- ment permit application for the above referenced mine. We are required to send this letter to you as part of the application process . It contains a date by which you will need to file any comments with the Division of Reclamation, Mining & Safety for them to be considered during this permitting process . If you have any questions please call myself (303 ) 287-4656 or Steve O'Brian of Environment, Inc . , (303 ) 423-7297 and we will be happy to answer them for you. Sincerely, L.G. Everist, Inc . Lynn Mayer Shults PUBLIC NOTICE L.G. Everist, Incorporated has filed an application amendment to their Reclamation Permit with the Colorado Mined Land Reclamation Board under the provisions of the Colorado Mined Land Reclamation Act for the extraction of construction materials. The mine is known as the Carr Gravel Resource (permit # M-1988-048) and is located in parts of Section 26, 27 & 35, T-11-N, R-67-W and parts of Section 1, T-10-N, R-67-W, 6th Principal Meridian, Weld County, Colorado. The date of commencement for this mine was 1988 and the proposed date of completion December 2045. The proposed future use of the land is a Transload area and rangeland. Additional information and the tentative decision date may be obtained from the Division of Reclamation, Mining & Safety, 1313 Sherman St. , Suite 215, Denver, CO 80203 (303) 866-3567, or at the Weld County Clerk to the Board's office, 1150 "0" St. , Greeley, Colorado 80632, or the above named applicant. Comments must be in writing and must be received by the Division of Minerals and Geology by 4:00 p.m. on Monday, November 07, 2011 . 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 Reclama- tion Board. �L �� ub�C QS.A)Ieu ,20//-(PvyS q- a'1- I1 Hello