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Home My WebLink About20111752 • DEPARTMENT OF PLANNING SERVICES 1555 N 17°Ave, Greeley,CO 80831 Phone(970)353-8100 x3540 Fax(970)304-8498 USE BY SPECIAL REVIEW(MINING OPERATION)APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT II/AMOUNT It 1$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: To be completed by APPUCANT is accordance with procedural guide requirements: 1. I (we),the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed Gravel to (gravel, coal, borrow pit, etc.) mining operation for the following described unincorporated area of Weld County: E%of SW%,W'%of SE h,E%of NW%,d Legal Description W 14 of NE% Section 34 ,Township 6 North,Range sb West Flood Plain: Yes Zone District: A ,Total Acreage: 83.06 Overlay District: FW&FP-2 Geological Hazard: WA ,Airport Overlay District: N/A 2. Surface owner(s)of area of land described 5011 FSt Name: Tim D. &Jeanne Iverson Address: Greely,CO 80631 Phone: 97O302-9051 Name: Address: Phone: 303-2284020 • 3. Owner(s)of mineral rights or substance to be mined 5011 F 5t Name: Tim D.&Jeanne Iverson Address:5011 F S O80631 Phone: 970-302-9051 1825 s'°°a'ey,a moo 303-228-4020 Name: Noble Energy,Inc Address: Denver.Co 00202 Phone: 4. Applicants name: Lafarge West Inc. c/o Anne Johnson Email Address anns.Iohnsonglafarwe-ne.com Address: 11409 Business Park Circle,Suite 200, Longmont CO 80504 Phone: 303-653-4101 5. Identify any prior permits for mining held by applicant or affiliated person: 35th Avenue Mine:USR-247,AmUSR-247 and 2nd AmUSR-247 I(We)hereby depose and state under penalties of perjury that all statements,proposals,and/or plans submitted with or contained within the application are true and coned to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee must be included i the application. If a corporation is the fee owner, notarized evidence must be included ng that the g s legal authority to sign for the corporation. re: or A Agent D ig t�fo/ Signature:Owner or Authorized Agent Date EXHIBIT 14 • Du—i 75a DEPARTMENT OF PLANNING SERVICES 1555 N 17`"Ave, Greeley, CO 80631 Phone(970)353-6100 x3540 Fax(970) 304-6498 USE BY SPECIAL REVIEW (MINING OPERATION) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: To be completed by APPLICANT is accordance with procedural guide requirements: 1. I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed Gravel a (gravel, coal, borrow pit, etc.) mining operation for the following described unincorporated area of Weld County: E Y2 of SW' ,W%of SE Ya,E%of NW^ ,& Legal Description W'of NE% , Section 34 ,Township 6 North, Range 66 West Flood Plain: Yes Zone District: A ,Total Acreage: 83.06 , Overlay District: FW&FP-2 Geological Hazard: N/A ,Airport Overlay District: N/A 2. Surface owner(s)of area of land described 5011 F St. Name: Tim D. &Jeanne Iverson Address: Greely,CO 80631 phone: 970-302-9051 Name: Address: Phone: 303-228-4020 3. Owner(s)of mineral rights or substance to be mined 5011 F St. Name: Tim D.&Jeanne Iverson Address: Greely,CO 80631Phone: 970-302-9051 Name: Noble Energy,Inc. 1625 Broadway,#2000 Address: Denver,co 80202 Phone: 303-2284020 4. Applicant's name: Lafarge West,Inc. c/o Anne Johnson Email Address anne.johnson@lafarge-na.com Address: 11409 Business Park Circle,Suite 200, Longmont,CO 80504 Phone: 303-653-4101 5. Identify any prior permits for mining held by applicant or affiliated person: None On This Property I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indi 'ng that the ' atory as to legal authority to sign for the corporation. / 1/11 Signature: Owner or uthorized Agent Date Signature: Owner or Authorized Agent Date 14 S LAFARGE • AGGREGATES & CONCRETE January 11, 2011 Bruce Barker, Esq. County Attorney Weld County P.O. Box 758 915 Tenth St. Greeley, CO 80632 Re: Signature authorizations for Lafarge West, Inc. Dear Mr. Barker: In the past, Weld County has requested documentation that the individuals signing various land use submittals and related applications are authorized to sign such documents on behalf of Lafarge West, Inc. We appreciate the county's pro active position of trying to protect landowners by requiring written confirmation of authority to sign such important documents. Further to those conversations and previous letters to you in 2008 and 2009, we would like to • identify the following individuals who are authorized on behalf of Lafarge West, Inc. to sign various land use documents and related applications in Weld County: Anne Johnson, Land Manager Sean Frisch, Land Manager Steven T. Brown, Director of Land John Van Voorhis A copy of this letter may be retained in any land use cases submitted by Lafarge West, Inc. Thank you again for your assistance in working out a simple solution for both of us. Please let me know if you have any questions. Sincerely, es.,.._. Steven T. Brown, AICP [SEAL] Director of Land Management Assistant Secretary, Lafarge West, Inc. • 303-657-4054 LAFARGE WEST, INC. 10170 Church Ranch Way,Suite 200,Westminster, Colorado 80021 Telephone:(303)657-4000 Facsimile:(303)657-4037 • TABLE OF CONTENTS COVER LETTER APPLICATION FORM SPECIAL REVIEW QUESTIONNAIRE WELD COUNTY ACCESS PERMIT EVIDENCE OF ADEQUATE WATER SUPPLY EVIDENCE OF ADEQUATE SEWAGE DISPOSAL DEEDS AND LEASE AGREEMENT CERTIFICATE OF CONVEYANCES NOISE IMPACT STATEMENT LEGAL RIGHT TO ENTER AND MINE MINERAL RIGHTS AFFIDAVIT AND OIL AND GAS AGREEMENT AFFIDAVIT AND CERTIFIED LIST OF SURFACE OWNERS WITHIN 500' FINAL DRAINAGE REPORT • TRAFFIC IMPACTS LETTER WASTE HANDLING PLAN DUST ABATEMENT PLAN FLOOD HAZARD DEVELOPMENT PERMIT DRMS RECLAMATION PLAN MAP (8'/z"x11" and 24"x36") WATER CONSUMPTION AND REPLACEMENT INFORMATION SPECIAL REVIEW PLAN SET (8'/a" x 11" and 24" x 36") COPY OF DRMS PERMIT (provided in a separate notebook) S Iverson Mine Weld County Use by Special Review Application lbTETRA TECH • February 1, 2011 Mr. Kim Ogle Weld County Planning 1555 N. 17th Avenue Greeley, CO 80631 RE: Completeness Review Submittal for Iverson Mine Use by Special Review Application Dear Kim: Attached please find four copies of the Iverson Mine Use by Special Review Application for your completeness review. The applicant for this application is Lafarge West, Inc. and their primary contact is Anne Johnson. However, I would appreciate it if you could please copy me on any correspondence related this application. For your convenience, my contact information is listed below. • Pamela Franch Hora, AICP Tetra Tech 1900 S. Sunset Street, Suite IF Longmont, CO 80501 Phone: 720-864-4507 Fax: 303-772-7039 Email: pam.hora(c�tetratech.com Thank you for your consideration. We look forward to hearing from you and working with you on this application. Sincerely, TETRA,TECH C177l f-7 Pamela Franch Hora, AICP Senior Planner Attachments P\235 I IA133-23 5 1 1-I00WADeliverables\weld Counts Appll canon PackageAOI Cover TDC labs'Completeness Review cover letter doc JLAFARGE AGGREGATES & CONCRETE February 11, 2011 Mr. Kim Ogle Department of Planning Services Planning Division 1555 N. 17th Avenue Greeley, CO 80631 RE: Iverson Mine USR Application Main Point of Contact Dear Kim: As indicated on our application form for the Iverson Mine USR Application, I am the Authorized Agent for Lafarge West, Inc. However, I would like our consultant, Pam Hora with Tetra Tech,to be the main point of contact for the Iverson Mine USR Application. Therefore, as she requested in the cover letter included with our completeness review application, please make sure she is included on all correspondence related to this application. Sincerely, LAFARGE WEST, INC. 744nALey1)-arn7T ,---ohn44-n-----__ Anne Best Johnson,AICP Land Manager cc: Pam Hora,Tetra Tech P:\23511\133-2 35 11-1000 2\ProjMgmt\Correspondence\Weld County\main point of contact.doc • LAFARGE NORTH AMERICA INC. 11409 Business Park Circle,Ste 200 Longmont,CO 80504 (303)657-4000 www.lafargenorthamerica.com • Iverson Mine Open House Notes On Wednesday, December 15, 2010, Lafarge hosted a Neighborhood Meeting/Open House at the Poudre Learning Center from 4:00-6:00 pm. All landowners within 500 feet of the mining operation were invited to the open house. Representatives in attendance on behalf of Lafarge included: • Anne Johnson, Land Manager with Lafarge West, Inc. • Corey Hansen, Manager of Environment and Public Affairs with Lafarge West, Inc. • David Jordan, Earthmoving Manager and Northern Plant Manager with Lafarge West, Inc. • Brian Ewert, Mine Planning Specialist with Lafarge West, Inc. • Pam Hora, Senior Planner with Tetra Tech Information provided at the meeting included an aerial photo of the Iverson Mine site in relation to Lafarge's existing 35th Avenue Mine site. The area to be mined on the Iverson property was outlined on the map along with the alignment of the conveyor easement that will cross the City of Greeley property in order to convey the material mined from the Iverson property to the 35`h Avenue site for processing. In addition, Lafarge had a copy of the proposed reclamation plan for the property showing that the property would be reclaimed with an open water pond surrounded by upland areas to be re-vegetated with a dryland grass mix. There were seven people representing five of the surrounding property owners who attended the • meeting to see Lafarge's proposed plan for the Iverson Mine and ask questions. Those in attendance included the following: Name of Landowner Property Address People in Attendance Corozona LLC 4699 W F Street Bror Cederstrom Greeley, CO 80631 Weld County No property address Tom Parko and Kim Ogle from the Weld (Poudre River Trail) County Department of Planning Services Jeremiah J. and 4872 F Street James and Jennifer Mongan Jennifer C. Mongan Greeley, CO 80631 Tim D. and Jeanne Iverson 5011 F Street Tim Iverson Greeley, CO 80631 Robert Henry Brown and 15560 CR 64 Bob Davee Betty Dee Davee Greeley, CO 80631 At the meeting, Bror Cederstrom and Jennifer Mongan indicated that they were concerned about making sure the Iverson Mine doesn't negatively impact the existing wells on their properties. Lafarge explained to these neighbors that their wells probably wouldn't be impacted because they are not that close to the Iverson Mine cell (both wells are more than 600 feet away) but that Lafarge was willing to monitor their wells as part of their Groundwater Monitoring and Mitigation Plan. Both properties owners agreed that they would like Lafarge to monitor their wells. There were no other issues of concern expressed by the neighbors regarding Lafarge's plans to 411 mine the Iverson property. • OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE I, Bernie Buescher, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, LAFARGE WEST, INC. is an entity formed or registered under the law of Delaware has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 19871698812. This certificate reflects facts established or disclosed by documents delivered to this office on paper through 01/05/2011 that have been posted, and by documents delivered to this office electronically through 01/07/2011 @ 13:21:09. I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated, issued, delivered and communicated this official certificate at Denver, Colorado on 01/07/2011 @ 13:21:09 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation Number 7833286. 41 8 7 6 ("&„:„.„ —gke.c cif(-- Secretary of State of the State of Colorado *********************************************End of Certificate******************************************** Notice!A certificate issued electronically from the Colorado Secretary of State' Web site is fully and immediately valid and effective, However, as an option,the issuance and validity of a certificate obtained electronically may be established by visiting the Certificate Confirmation Page of the Secr'etary of State's Web site, h ://uww.so.s..state.co-m'/biz/CertilicateSemrhCt'iteria.do entering the certificate's confirmation number displayed on the certificate, and following the instructions displayed Conhrmine the issuance of a certificate is merely optional and is not necessary to the valid and effective issuance of a certificate. For more information, visit our Web site, http://www.sosstate.co.us/click Business • Center and select "Frequently Asked Questions." CER'f CS F Revised 08/20/2008 ��m • DATE(MM/DG/TYYY) IllAL OR° CERTIFICATE OF LIABILITY INSURANCE 02/11/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement.A statement on this certificate does not confer rights to the 0 certificate holder in lieu of such endorsement(s). c is V PRODUCER CONTACT NAME: Aon Risk Services Central, Inc. Philadelphia PA Office (NC.No.Est): (866) 283-7122 I (NC.No.): (8G J) 953-5390 a One Liberty Place E-MAILE O 1650 Market Street PRODUCER = 570000031880 Suite 1000 CUSTOMER ID N: Philadelphia PA 19103 USA INSURER(S)AFFORDING COVERAGE NAIL# INSURED INSURER A: National Union Fire Ins Co of Pittsburgh 19445 LaFarge West, Inc. INSURER B: 10170 Church Ranch way, # 200 INSURER C: Westminster CO 80021 uSA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570041598434 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR ADDL SUER POLICY EFP POLICY EXP LTR TYPE OF INSURANCE INSR END POLICY NUMBER (MMIDD/YYY1 MLUDO'NYTrYvY1 LIMITS A GENERAL LIABILITY GL97L309/ (CM) 07/01/2010 07/01/201k EACH OCCURRENCE $2,000,000 ES PREMIS X COMMERCIAL GENERAL LIABILITYa $$88,888 PREMISES(REN occurrrrence) X CLAIMS-MADE OCCUR MED EXP(Any one person) $50,000 PERSONAL E.ADV INJURY $2,000,000 M GENERAL AGGREGATE $2,000,000 o �GEN'L AGGREGATE LIMIT APPLIES PER'. PRODUCTS-COMP/OP AGG 52,000,000 O • ^ I POLICY PRO- LOC Fci -. AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Fe accident ANY AUTO BODIES INJURY)Per person) O Z ALL OWNED AUTOS BODILY INJURY(Per accident) 0 SCHEDULED AUTOS PROPERTY DAMAGE dl Per accrenl) C HIRED AUTOS C NON OWNED AUTOS 0 U UMBRELLA LIAR OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE DEDUCTIBLE RETENTION WORKERS COMPENSATION AND IMC TORYLIMITSU-I IOTH EMPLOYERS.LIABILITY i• ER lN ANY PROPRIETOR I PARTNER I EXECUTIVE E L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED' N/A (Mandatory in NH) E L DISEASE-EA EMPLOYEE _ II yes describe under DESCRIPTION OF OPERATIONS below EL.DISEASE-POLICY LIMIT �y iii DESCRIPTION OF OPERATIONS/LOCATIONS 1 VEHICLES(Attach ACORD 101,Additional Remarks Schedule,II more space Is required) j weld County Commissioners is included as Additional Insured as required by written contract, but limited to the operations of .tea the Insured under said contract, per the applicable endorsement with respect to the General Liability policy. '.- : -iii CERTIFICATE HOLDER CANCELLATION W SHOULD ANY OF THE ABOVE DESCRIBED POLICIES RE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ej 9154 County Commissioners AUTHORIZED REPRESENTATIVE 915 10th street - PO BOX 758 Greeley co 80632 USA rl� �1f- /c�et�� O� M eYYa�a aJLrbt �G - ©1988-2009 ACORD CORPORATION.All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD • CONVEYOR ACCESS AGREEMENT Lafarge and the City of Greeley have a Conveyor Access Agreement. The Agreement gives Lafarge the right to place a conveyor across the City of Greeley property so that they can convey the material they mine on the Iverson property to the 35`h Avenue Mine site for processing. Attached is a copy of the Agreement. • • Iverson Mine Weld County Special Review Application Page 1 of 1 • • CONVEYOR ACCESS AGREEMENT THIS CONVEYOR ACCESS AGREEMENT ("Agreement') is made and entered into this b-4-±- day of ( ,t-tqq�� , 2010 (the "Effective Date), between the CITY OF GREELEY, a Colorado home municipal corporation, the mailing address of which, for purposes of this Agreement, 1100 101h Street, Suite 300, Greeley,CO 80631 ("Grantor"), the Boyd Irrigation Company, a Colorado non-profit corporation, the mailing address of which, for purposes of this Agreement, 1100 10m Street, Suite 300, Greeley, CO 80631 ("Ditch Company"), and LAFARGE WEST, INC., a Delaware corporation("Grantee"). RECITALS WHEREAS, Grantor is the owner of certain real property located in part of the NE4 of the SE4 of Section 34, Township 6 North, Range 66 West and part of the SE4 of the NE4 of Section 34, Township 6 North, Range 66 West of the 6 P.M., Weld County, Colorado lying south of the Rail road right-of-way (the"Grantor's Property"); and WHEREAS, the Boyd Irrigation Company ("Ditch Company"), of which Grantor is the majority shareholder in such Company, holds legal title to, manages and operates the Boyd and Freeman Ditch and easement for said ditch which traverses Grantor's property; and WHFREAS, Grantee has mining rights in certain real property adjoining Grantor's Property on the north in Sections 34 and 35 known as the Lafarge 35th Avenue Property, (the • "Grantee's Property"), and desires to secure access by conveyor equipment and limited motor vehicles to and from said real property; and WHEREAS, Grantor and Ditch Company is willing to grant, subject to all of the terms and provisions of this Agreement,to Grantee a revocable right-of-way("Right-of-Way") for conveyor and limited vehicle ingress and egress across Grantor's Property using Ditch Company's easement and associated access road which traverses Grantor's Property from and to Grantee's Property on the east and north,the approximate location of which is shown on Exhibit B. NOW,THEREFORE, in consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration,the receipt and sufficiency of which are hereby confessed and acknowledged,the parties agree as follows: 1. Recitals. By execution of this Agreement,the parties agree that the above recitals are true and correct and are hereby incorporated into this Agreement. 2. Grant of Right-of-Way. Grantor and Ditch Company hereby grant to Grantee the Right-of-Way, specifically, a tract of land to be initially 100 feet wide in an east-west direction in the southern half of the property and north of the Boyd and Freeman Ditch but within Ditch Company's easement,then along the eastern property boundary to the north property boundary as illustrated on Exhibit B. The width of said Right-of-Way shall initially be 100 feet, and shall be available to Grantee from the time of the harvesting of crops on Grantor's Property until the planting of crops on Grantor's Property in the spring of the following year, all subject to paragraph 7 below. After construction of the conveyor,the easement shall be reduced to a total width of twenty(20) feet, This grant of Right-of-Way in no way restricts the Ditch Company's 1 right to use its easement for the ditch to construct, operate, maintain, repair and replace structures • and facilities related to the operation of the Boyd and Freeman Ditch,which right of use by the Ditch Company shall always be recognized as a dominant and superior right. Grantor hereby agrees to participate in any conveyor crossing agreement with the Great Western Rail Company as necessary. Grantor's participation for any crossing agreement is limited to signing documents only in its capacity as Owner of its property and shall not incur any financial obligations to Great Western Railway or any party regarding any crossing agreement. 3. Term. The Term of this Agreement shall be an initial period of ten(10)years commencing on the effective date of this Agreement("Term"). The initial Term may be extendable by mutual agreement of the parties. 4. Consideration. As consideration for granting of the Right-of-Way, Grantee shall annually pay Grantor on or before December 31 of each year of this Agreement, a royalty of _per ton of material transported by conveyor across the Right-of Way; such material to be weighed via a belt scale at Grantee's Greeley 35th Avenue Plant. Said scale will be calibrated by Grantee's personnel and its accuracy certified annually by a qualified independent party. The royalty will be increased annually by Ipso long as this Agreement is in effect. The City will waive its right to receive the Conveyor royalty should Grantee commence mining upon the Grantor's Property. After such commencement, Grantor shall receive the appropriate mining royalty in lieu of the Conveyor royalty. In addition, as consideration for the Ditch Company granting the Right-of-Way , Grantee shall pay Ditch Company a use fee of-due at the time of document execution. 5. Roadway. Grantee shall have the right to construct, operate, use, maintain, and • repair a dirt or graveled roadway(the "Roadway") upon the Right-of-Way, a portion of which is already in existence and owned and used by the Ditch Company, upon which Grantee plans to erect a conveyor and construct a dirt or graveled road adjacent to the conveyor. The cost of construction, maintenance and repair of the Roadway shall be borne solely by Grantee. 6. Roadway Construction Standards and Requirements. (a) All construction of the Roadway shall be performed in a workmanlike manner in accordance with and compliance with all applicable federal, state and local laws, (b) Grantee shall construct and maintain access road ("Roadway")to the satisfaction of Grantor and Ditch Company and shall repair damage to existing access road within 48 hours notice,not including weekends, from Grantor or Ditch Company. Grantee shall upgrade Roadway with gravel or recycled asphalt. Surface type shall be at the sole discretion of Grantee. (c) Upon abandonment of the Roadway by Grantee, Grantee shall, at its sole expense, reclaim the Right-of-Way as nearly as possible to its former condition with the exception of road surface as described in Paragraph 6(b)above. (d) Grantee shall notify Grantor and Ditch Company prior to October 1 of the year preceding the start of construction. Grantee shall not interfere with crops on the site unless Grantor is notified and Grantor's Lessee is fully compensated for lost • crops due to construction activity. Grantee shall not restrict the Ditch Company's 2 • right to use its easement and associated access road for the ditch to construct, operate, maintain, repair or replace structures and facilities related to the operation of the Boyd and Freeman Ditch. (e) Access to the Poudre Trail, Ditch Company structures and facilities, and service access roads shall not be restricted. The conveyor shall be elevated to allow a 14'6" (fourteen foot six inch) clearance over the Poudre River Trail and Ditch Company's easement and associated access road. (f) The Roadway and conveyor shall be constructed so as not to interfere with the flow of water through the Boyd and Freeman Ditch to shareholders and water recipients. Grantee shall not spill any dirt, debris, or other foreign material into the Ditch. 7. Non-Exclusive Right-of-Way Grant. Grantee's use of the Right-of-Way shall be non-exclusive, and Grantor, Ditch Company and Grantee, and their respective employees, agents,tenants, invitees, licensees, customers, successors, and assigns, shall have the right to use the Right-of-Way provided, however,no additional parties shall be permitted to use the Right-of- Way without Grantee's prior written consent. Grantee recognizes that the Ditch Company and certain oil and gas interests utilize the existing access roads that traverse the Right-of-Way in an essentially east-west direction and Grantee shall maintain the portions of these access roads that cross the Right-of Way during the term of this Agreement at its sole cost. • 8. Use of Right-of-Way. Grantee's use of the Right-of-Way shall be consistent with that associated with sand and gravel mining and processing operations. The Right-of-Way shall be irrevocable for as long as this Agreement remains in effect and is not terminated pursuant to paragraph 11. 9. Indemnification. Grantee agrees to and does hereby assume all liability for,and indemnify, protect, save, and hold harmless Grantor and Ditch Company, its stockholders, directors, officers, agents, employees, successors, and assigns, from and against any and all losses, costs,expenses,attorneys' fees, claims, demands, suits, and actions of any character whatsoever which may be imposed upon or incurred by Grantor and/or Ditch Company on account of, or arising directly or indirectly from this Agreement, the grant of Right-of-Way herein contained, Grantee's construction of the Roadway,or Grantee's performance of its duties and obligations hereunder. 10. Good Title. Grantor represents and warrants that it is the owner of Grantor's Property in fee and that Grantor's Property is free and clear of all prior easements, liens, encumbrances and restrictions of any nature whatsoever that would interfere with or take priority over the Right-of-Way. 11. Termination. Each party shall have the right to terminate this Agreement and revoke the Right-of-Way at any time with five(5) days written notice to the other party. Grantor or Ditch Company shall not be entitled to receive additional compensation after the date of termination, other than any and all royalties due. Upon termination of this Agreement for any reason, Grantee shall continue to be liable for the performance of all obligations and the • satisfaction of all liabilities to Grantor and Ditch Company including, but not limited to,the 3 payment of royalties which have accrued prior to the date of termination,reclamation of the • Right-of-Way pursuant to Paragraph 6(c), and the compliance with all laws, regulations, and permit conditions that apply to the Right-of-Way. Any obligation to pay Advance Minimum Royalty that would otherwise accrue after the date of tennination of the Agreement shall end upon Agreement termination. Should a Colorado State Mined Land Reclamation Board Permit ("Permit")and Bond("Bond") be required for this activity, Grantee shall be allowed access to the site following termination of this Agreement without incurring any obligation to pay Grantor or Ditch Company any monies for this right in order to complete Grantee's reclamation obligations under the Permit and to recover its Bond. Upon termination of this Agreement, Grantee shall have six (6)months in which to remove its equipment and complete its reclamation obligations, excepting any activities including ongoing seeding and weed control activities required to achieve Bond release. 12. Assignment. This Agreement, and performance under this Agreement,may be assigned by Grantee without Grantor's consent if the rights granted to Grantee under the terms and conditions of this Agreement should be acquired by another person or entity as part of a transfer or sale of assets by Grantee. Grantee shall provide Grantor and Ditch Company written notice of any such assignment within 30 days of any such transfer or sale of assets. This Agreement may not be further assignable by Assignee except to an affiliate of Grantee's Assignee. 13. Miscellaneous. (a) Binding Effect. The obligations and benefits of this Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors • and assigns. (b)Notice. Notices,payments,consents,reports, or other documents required or permitted by the terms of this Agreement shall be in writing, and shall be deemed made and received on the date of the United States postmark thereon when placed in the United States mails, postage prepaid, return receipt requested, addressed as follows: If to Grantor: City of Greeley Attention: Chuck Esterly 1100 10th Street, Suite 300 Greeley, CO 80631 If to Ditch Company: The Boyd Irrigation Company Attention: Roger Schmidt, President& Lory Stephens, Secretary/Treasurer 1100 10th Street, Suite 300 Greeley, CO 80631 with a copy to: Melvin Dinner, Esq. • 822 7th Street, Suite 540 Greeley, CO 80631 4 • If to Grantee: Lafarge West,Inc. 11409 Business Park Circle, Suite 200 Longmont, CO 80504 with a copy to Lafarge West, Inc. Land Department 10170 Church Ranch Way, Suite 200 Westminster, CO 80021 (c) Waiver and Amendments. No waiver, amendment or modification of this Agreement shall be valid unless in writing signed by an authorized officer of such party in writing. (d)Entire Agreement. This Agreement contains the entire understanding between the parties and any and all prior oral or written agreements, representations or warranties, contracts,understandings,correspondence, conversations, and memoranda, whether written or oral, between Grantor and Grantee or between or among any agents, representatives,parents, subsidiaries, affiliates, predecessors in interest or successors in • interest, with respect to the subject matter hereof, are merged herein and replaced hereby. (e) Governing Law. This Agreement shall be construed in accordance with the laws of the State of Colorado without giving effect to principles of conflict of laws. All parties consent to the jurisdiction of all state and federal courts of record situated in the State of Colorado. Service of process upon any party shall be deemed,in every respect, effective upon such party if made by prepaid registered or certified mail, return receipt requested,or if personally delivered against receipt to the address set forth herein or to such other address as a party may designate in writing to the others. (f)Headings. The Section and other headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. Wherever in this Agreement words indicating the plural number appear, such words shall be considered as words indicating the singular number and vice versa where the context indicates the propriety of such use. (g) Severability. The paragraphs of this Agreement shall be severable and should any part be declared invalid or unenforceable, the remainder shall continue in full force and effect between the parties. (h) Counterparts. This Agreement may be executed in counterparts, each of which when so executed shall be deemed to be an original, and all such counterparts shall together constitute one and the same instrument. (i)No Third Party Beneficiary. It is expressly understood and agreed that the • terms and enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, are strictly reserved to the undersigned parties. 5 Nothing in this Agreement shall give or allow any claim or right or cause of action • whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that no person and/or entity, other than the undersigned parties, receiving services or benefits under this Agreement shall be deemed anymore than an incidental beneficiary only. (j) No Waiver of Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions for the parties, of the Colorado Governmental Immunity Act, C.R.S. §24-10-101 et seq. or the Federal Tort Claims Act, 28 U.S.C. 2671 et seg. as applicable, as now or hereafter amended. IN WITNESS WHEREOF, the parties have executed this Conveyor Access Agreement as of the date first above written. CITY OF GREELEY, COLO ' i O LAFARGE WEST,INC. a Delaware Corporation agtegerit iss, o By: / a�V Title: • f* * SE AL * .pip \\"pUUwuunU�gi y/ \, T Rj ATTEST: ��`° �E M. M//r • f ..z— a • � . . :. By: (/jr ,r vl tAth-LS = t• EE. APPROVED AS TO LEGAL FORM: BOYD IRRIGATION COMPANY, Oto unm 0 ��((�� J� a Color non-profit Cooration By: / `{^'e-�• - elf By: City Attorney rent APPRO E l T$ SUBSTANCE: AVAILABILITY OF FUNDS By: i�II By: Director o Fi ce • 6 • EXHIBIT A PROPERTY LEGAL DESCRIPTION A parcel of land situated in Weld County, Colorado, more particularly described as follows: Part of the NE4 of the SE4 of Section 34, Township P6 North, Range 66 West and part of the SE4 of the NE4 of Section 34, Township 6 North, Range 66 West of the 6th P.M., Weld County,Colorado lying south of the Rail road right-of-way. The following graphic is from the Weld County Assessor and highlights the subject site in red. Tr 97 r�� tr '1 4 0 4l 3 I q i - L,-"- , • 7 EXHIBIT B • EASEMENT FOR CONVEYOR LEASE AREA -- - s ' [ I 9�e t -r! ;o-Pia,er2 k -?alternatnes I ; I I i�. + j i -c r7, is • Conveyor would extend along the eastern property boundary and cross the rail line onto Lafarge property. Alternative locations of the conveyor placement/entrance to the property are approximate and may be modified with City approval, not to be unreasonably withheld. The conveyor is approximately 5 feet wide. Placement will be north of the existing access road. • 8 M RAILROAD CROSSING AGREEMENT Attached please find a copy of the Private Road Crossing License Agreement negotiated between Lafarge and Great Western Railway of Colorado, LLC. Lafarge will execute the Agreement when they are ready to cross the railroad tracks with their conveyor. The reason they are waiting to execute the Agreement is that Great Western requires payment upon execution of the Agreement and Lafarge wants to defer this payment until the Iverson Mine application is approved by Weld County and the DRMS and they are ready to install the conveyor over the railroad tracks. Attached is a letter from OmniTRAX, the management company for Great Western Railway, confirming that they are in agreement that the License Agreement is ready to be executed and that Lafarge can construct their crossing as soon as Lafarge executes the Agreement and returns it to them. • • Iverson Mine Weld County Special Review Application Page I of 1 LandRail Agreement No.406631 Revision Date: March 22,2010 • PRIVATE ROAD CROSSING LICENSE THIS PRIVATE ROAD CROSSING LICENSE ("License") is made this day of December, 2010 by and between Great Western Railway of Colorado, L.L.C., ("Licensor") and Lafarge West, Inc., ("Licensee"). Licensor and Licensee may sometimes be referred to as a "Party" or collectively as the "Parties." RECITALS: Licensee desires the construction, maintenance and use of a private road crossing more particularly described in Licensee's application marked Exhibit A (hereinafter "Road Crossing"), consisting of gravel roadway approaches, a thirty (30) foot wide crossing surface and all appurtenances thereto, including but not limited to any gates, cattle guards, stop signs, identification signs, drainage facilities, on, over and across the Licensor's right of way, at Mile Post 95 at or near the City of Greeley, County of Weld, State of Colorado, in the location described in Licensee's application attached as Exhibit A and shown on the attached print attached as Exhibit B. Licensor is willing to grant Licensee a license to use Licensor's right-of-way subject to the terns and conditions set forth below. • NOW THEREFORE,the Parties, intending to be legally bound, agree as follows: ARTICLE I. LICENSOR GRANTS RIGHT A. Licensor grants Licensee a license to use that portion of the Licensor's right-of- way for a roadway and to cross its right of way and tracks at the location shown on Exhibit B subject to the terms and conditions set forth herein. In consideration of the license and permission granted herein, Licensee agrees to observe and abide by the terms and conditions of this License and to pay to the Licensor a licensee fee of MMIIMIMMIIM a for each and every year or fractional part thereof during the term of this License or any renewal thereof and an administrative fee of upon the execution of this License. Licensor will not execute the License until it receives a signed original from Licensee, and in no event is entry under this License permitted until Licensor has executed it. B. The payment by Licensee of any sum(s) in advance shall not create an irrevocable lease for the period for which the same is/are paid. Licensor reserves the right to periodically adjust the rent herein at any time, by giving notice at any time, independent of the term of this License, of such adjustment to Licensee at least thirty (30) days prior to the effective date of such adjustment. Occupation of the Road Crossing by Licensee after such effective date shall be at such adjusted rent. • Page 1 of 8 LandRail Agreement No.406631 Revision Date: March 22,2010 ARTICLE II. CONSTRUCTION OF ROAD CROSSING • A. Licensor will furnish the materials for and install the portion of the Road Crossing lying between the rails of the tracks and for one (1) foot on the outside of each rail (and will furnish and install any necessary stop signs and identification signs on each side of the crossing) and raise, or cause to be raised, any interfering wire line. In performing this work, Licensor, acting as the agent of Licensee, may perform such work as is necessary in the judgment of Licensor, and Licensee shall, on demand, promptly reimburse Licensor for the Licensor's cost thereof, plus ®percent thereon as a charge for the supervision, accounting, and use of tools. B. Licensee, at its sole cost and expense, will furnish all labor and material and perform all grading and surfacing work necessary for the construction, maintenance, repair or renewal of the remaining portion of the Road Crossing and install any and all appurtenant gates, fences, cattle guards, drainage facilities, traffic signs, and traffic devices shown on Exhibit B. Plans for the construction shall be approved in advance by Licensor, and the construction work shall be done to the satisfaction of the Licensor. Prior to entry on Licensor's property to do its work on construction, Licensee shall contact Licensor's agent to arrange for necessary flaggers and safety supervisors, at Licensee's sole cost and expense. ARTICLE III. USE Licensee shall have no right to use or cross any other portion of Licensor's property, • unless by separate agreement, or to use the Road Crossing for any purposes other than as may be expressly permitted herein, and Licensee, as a further consideration, cause and condition without which this License would not have been granted, agrees to restrict its use to those purposes. Licensee shall not do or permit to be done any act which will in any manner interfere with, limit, restrict, obstruct, damage, interrupt, or endanger rail operations or facilities. Licensee shall require and shall take all steps necessary to ensure that all persons using the Road Crossing come to a complete stop before the tracks, look carefully for approaching trains before fouling or crossing tracks, and yield to any approaching train. The Road Crossing shall be used only by Licensee and its employees, agents, contractors, patrons and invitees and then only for private ingress to and egress from Licensee's property. The Road Crossing shall not be used by vehicles of a size, configuration or weight that would damage the tracks, equipment, installations or facilities of Licensor or any equipment, installations or facilities located on Licensor's property but belonging to third persons unless approved in advance in writing by Licensor and then only after suitable precautions have been taken to avoid any such damage. • Page 2 of 8 LandRail Agreement No.406631 Revision Date:March 22,2010 • ARTICLE IV. SIGHTING AT CROSSING Where Licensee's property adjoins Licensor's property, in the vicinity of the Road Crossing, Licensee shall keep its property free of bushes, trees, weeds, vegetations, and all other obstructions of any kind that could interfere with a motor vehicle operator sighting an approaching train. It shall be Licensee's responsibility and duty to prevent all unauthorized persons from using the Road Crossing and nothing herein shall be construed to relieve Licensee of this responsibility and duty. Licensee acknowledges that Licensor has no obligation or duty to give audible warning of the approach of a train, nor erect whistle posts, nor reduce the speed of its trains, nor alter its operations in any manner, owing to the presence or existence of the Road Crossing or other use or exercise of the right or license granted herein. Licensee assumes, at its own risk and expense, sole responsibility for determining if any signs, signals or other warning devices are necessary or appropriate for the safety of persons using the Road Crossing and specifically acknowledges that Licensor has no obligation or duty whatever to make any such determination. If the installation of any signs, signals or warning devices on the Road Crossing is presently or hereafter required by law or by competent public authority, or is otherwise requested by Licensee, the same shall conform to any then currently applicable practices of the Licensor for such devices as to design, material and workmanship and all costs incurred by the Licensor related to the installation, operation, maintenance, renewal, alteration and upgrading thereof shall be solely borne by • Licensee. ARTICLE V. INSURANCE Licensee shall purchase and maintain insurance as specified below covering the crossing,all the work and services to be performed hereunder, and all obligations assumed hereunder, from effective date of License until termination, unless otherwise specified in this License, with insurance companies assigned a current Financial Strength Rating of at least A and Financial Size Category of X or better by A. M. Best Company: A. Workers' Compensation Insurance: providing workers' compensation benefits mandated under applicable state law and employer's liability insurance subject to minimum limits of not less than $1,000,000 for bodily injury by accident, each accident; $1,000,000 each employee for bodily injury by disease,and$1,000,000 policy limit for bodily injury by disease. B. Commercial General Liability Insurance: subject to limit of $1,000,000 each occurrence for bodily injury, property damage, personal injury, libel and/or slander with an annual aggregate limit of no less than $2,000,000. Policy coverage is to be based on usual Insurance Services Office ("ISO") policy forms to include, but not be limited to: Operations and Premises Liability, Completed Operations and Products Liability, Personal Injury Liability and Contractual Liability Insurance. Any and all General Liability policies procured by Licensee shall be amended to delete any and all railroad exclusions including exclusions for working on or within fifty feet • (50') of any railroad property, railroad track, railroad bridge, trestle or tunnel. (Railroad Protective Page 3 of 8 LandRail Agreement No.406631 Revision Date: March 22,2010 Liability Insurance may be substituted for Commercial General Liability Insurance as long as the • equivalent coverage is provided). C. Business Automobile Liability Insurance: subject to a minimum limit of $1,000,000 each accident for bodily injury and property damage. Policy coverage shall be based on ISO policy forms referred to as Business Automobile Policy ("BAP") to cover motor vehicles owned, leased, rented, hired or used on behalf of Licensee. D. Umbrella Liability Insurance: subject to a limit of$4,000,000 each occurrence for bodily injury, property damage, personal injury and advertising injury. Policy coverage is to be at least as broad as primary coverages and include, but not be limited to, Operations and Premises Liability, Completed Operations and Products Liability, Personal Injury Liability and Contractual Liability insurance. Completed Operations coverage is to be maintained for a period of not less than three(3)years after the termination or cancellation of this License. E. All insurance required of Licensee shall include Licensor, OmniTRAX, Inc. their parents and affiliates, and their respective partners, successors, assigns, legal representatives, officers, directors, members, managers, agents, shareholders and employees as additional insured and include wording which states that the insurance shall be primary and not excess over or contributory with any insurance carried by Licensor and its affiliates. All insurance shall provide a minimum of thirty (30) days advance written notice of insurer's intent to cancel or otherwise terminate policy coverage. • All policies shall be written on an occurrence basis. If Licensee cannot obtain an occurrence based policy for any required coverage, policies may be written on a claims made basis. If any policies providing the required coverage(s) are written on a claims-made basis,the following is applicable: i. The retroactive date shall be prior to the effective date of this License. ii. Licensee shall maintain such policies on a continuous basis. iii. If there is a change in insurance companies or the policies are canceled or not renewed, Licensee shall purchase an extended reporting period of not less than three (3)years after the License termination date. Licensee shall file with Licensor and its affiliates on or before the effective date of this License a valid Certificate of Insurance for all required insurance policies. Each certificate shall identify Licensor, OmniTRAX, Inc., their parents and affiliates, and their respective partners, successors, assigns, legal representatives, officers, directors, members, managers, agents, shareholders and employees as additional insureds and state that Licensor and its affiliates will receive a minimum of thirty (30) days advance written notice of insurer's intent to cancel or otherwise terminate policy coverage. Prior to expiration of such insurance, Licensee shall supply • Page 4 of 8 LandRail Agreement No.406631 Revision Date: March 22,2010 • updated Certificates of Insurance that clearly evidence the continuation of all coverage in the same manner, limits of protection,and scope of coverage,as was provided by the original Certificates. Licensee hereby waives all rights of subrogation against Licensor, OmniTRAX, Inc., their parents and affiliates, and their respective partners, successors, assigns, legal representatives, officers, directors, members, managers, agents, shareholders and employees for damages to the extent covered by insurance. All insurance policies of Licensee shall allow that any release from liability of or waiver of claim for recovery from any other party entered into in writing by Licensee prior to any loss or damage shall not effect the validity of said policy(ies)or the right of the insured or insureds to recover under them. In the event that installation or maintenance of the Road Crossing is to be performed by a private contractor, such contractor shall execute Licensor's standard agreement for right of entry and use of premises and provide evidence of insurance coverage as specified in such agreement. ARTICLE VI. TERM This License shall take effect as of December,2010 and unless sooner terminated as herein provided, shall remain in effect until either Party, for any reason, shall give the other Party not less than thirty (30) days written notice of an intention to terminate; with or without cause and regardless of performance or non-performance of any of the covenants and agreements contained herein and regardless of any fee having been paid in advance for any period and without regard to • any loss or damage incurred by either Party as a result of such termination or cancellation. In the event of a breach of this License by Licensee, Licensor may cancel this License upon five(5)days written notice. ARTICLE VII. ADDITIONAL PROVISIONS A. Crossing Maintenance: Licensee shall be responsible for the cost of any and all maintenance necessary on the Road Crossing and any and all appurtenances thereto. Licensor acting as the agent of Licensee, may perform such work as is necessary in the sole judgment of Licensor, and Licensee shall, on demand, promptly reimburse Licensor the cost thereof, plus -percent thereon as a charge for the supervision, accounting, and use of tools; or Licensor may terminate this License by giving Licensee not less than ten (10) days advance written notice of its intention to do so. B. Restoration: Upon termination of this License by either Party, Licensor shall have the option to promptly remove said crossing from Licensor's property, and restore said property to its prior condition, or a condition satisfactory to Licensor's authorized representative all at the cost and expense of Licensee. Licensor acting as the agent of Licensee, may perform such restoration as is necessary in the sole judgment of Licensor, and Licensee shall, on demand, promptly reimburse Licensor the cost thereof, plus-percent thereon as a charge for the supervision, accounting, and use of tools. • Page 5 of 8 LandRail Agreement No.406631 Revision Date: March 22,2010 C. Assignment: This License and all of the provisions herein contained shall be 4, binding upon the Parties hereto, their heirs, executors, administrators, successors and assigns, and Licensee agrees to supply notice in writing to Licensor of any name changes. Licensee agrees not to assign this License or any interest therein, without the consent of Licensor in writing, which consent shall not be unreasonably withheld, and any and every attempted assignment without prior written consent shall be void and of no effect. In the event of any assignment, Licensee shall at all times remain fully responsible and liable for the compliance of all of its obligations under the terms, provisions and covenants. D. Indemnity: (1)Licensee acknowledges that persons and property on or near the Road Crossing, whether during construction, installation, use, maintenance or relocation, are in constant danger of injury, death or destruction, incident to the operation of the railroad tracks, whether by Licensor or others,and Licensee accepts this License subject to such dangers. (2) LICENSEE, AS FURTHER CONSIDERATION AND AS A CONDITION WITHOUT WHICH THIS LICENSE WOULD NOT HAVE BEEN GRANTED, AGREES TO INDEMNIFY AND SAVE HARMLESS LICENSOR, OMNITRAX, INC., THEIR PARENTS AND AFFILIATES, AND THEIR RESPECTIVE PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, AGENTS, SHAREHOLDERS AND EMPLOYEES (THE "INDEMNITEES") AND TO • ASSUME ALL RISK, RESPONSIBILITY AM) LIABILITY FOR DEATH OF, OR INJURY TO,ANY PERSONS,INCLUDING,BUT NOT LIMITED TO, OFFICERS, EMPLOYEES, AGENTS, PATRONS, INVITEES AND LICENSEES OF THE PARTIES, AND FOR LOSS, DAMAGE OR INJURY TO ANY PROPERTY, INCLUDING BUT NOT LIMITED TO, THAT BELONGING TO THE PARTIES (TOGETHER WITH ALL LIABILITY FOR ANY EXPENSE, ATTORNEYS' FEES AND COSTS INCURRED OR SUSTAINED BY THE INDEMNITEES, WHETHER IN DEFENSE OF ANY SUCH CLAIMS, DEMANDS, ACTIONS AND CAUSES OF ACTION OR IN THE ENFORCEMENT OF THE INDEMNIFICATION RIGHTS HEREBY CONFERRED) ARISING FROM, GROWING OUT OF, OR IN ANY MANNER OR DEGREE DIRECTLY OR INDIRECTLY CAUSED BY, ATTRIBUTABLE TO, OR RESULTING FROM THE GRANT OF THIS LICENSE OR THE CONSTRUCTION, MAINTENANCE, REPAIR, RENEWAL, ALTERATION, CHANGE, RELOCATION, EXISTENCE, PRESENCE, USE, OPERATION, OR REMOVAL OF ANY STRUCTURE INCIDENT THERETO,OR FROM ANY ACTIVITY CONDUCTED ON OR OCCURRENCE ORIGINATING ON THE AREA COVERED BY THE LICENSE,INCLUDING ANY TEMPORARY USAGE AREA, REGARDLESS OF THE NEGLIGENCE OF THE PARTY SEEKING INDEMNIFICATION. (3) THE RISKS OF INJURY TO OR DEATH OF PERSONS AND LOSS OR DAMAGE TO PROPERTY HEREIN ASSUMED BY LICENSEE, SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO CONTRACTORS, EMPLOYEES, Page 6 of 8 LandRail Agreement No.406631 Revision Date:March 22,2010 • OR INVITEES OF EITHER OF THE PARTIES,AND WHETHER OR NOT SUCH INJURY TO OR DEATH OF PERSONS SHALL ARISE UNDER ANY WORKMENS' COMPENSATION ACT OR FEDERAL EMPLOYER'S LIABILITY ACT. (4) LICENSEE SHALL, AT ITS SOLE COST AND EXPENSE, JOIN IN OR ASSUME, AT THE ELECTION AND DEMAND OF LICENSOR, THE DEFENSE OF ANY CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION ARISING UNDER THIS LICENSE. THE WORD "LICENSOR" AS USED IN THIS INDEMNITY SECTION SHALL INCLUDE THE ASSIGNS OF LICENSOR AND ANY OTHER RAILROAD COMPANY THAT MAY BE OPERATING UPON AND OVER THE TRACKS IN THE VICINITY OF THE LICENSE AREA. (5) AS A PRECONDITION TO LICENSEE'S INDEMNIFICATION OBLIGATIONS UNDER THIS SECTION, THE INDEMNITEES WILL (I) FULLY COOPERATE WITH LICENSEE IN ANY INVESTIGATION AND PROVIDE LICENSEE WITH ALL INFORMATION IN THE POSSESSION OR CONTROL OF THE INDEMNITEES RELATING TO ANY MATTER FOR WHICH THE INDEMNITEES SEEK INDEMNIFICATION, AND (II) PROVIDE LICENSEE WITH TIMELY NOTICE OF ANY MATTER OR INCIDENT FOR WHICH THE INDEMNITEES MAY MAKE A CLAIM FOR INDEMNIFICATION BY LICENSEE. • E. Liens: Licensee further indemnifies Licensor against any and all liens that may be placed against Licensor's property in the course of construction of this crossing, and agrees to immediately satisfy any liens so placed. F. Temporary Closure: In the event of an emergency or hazard, at the sole discretion of Licensor, Licensor may temporarily close the Road Crossing to respond to emergency or hazard. G. Currency: Unless otherwise indicated, all currencies and amounts shown on this License are in U.S. dollars. H. Exhibits: All Exhibits attached hereto are incorporated as if fully set forth herein. I. Notice: Notices under this License shall be deemed given when deposited in a U.S. mailbox, First-Class Mail, postage prepaid, address as follows: Licensor: Great Western Railway of Colorado, L.L.C. c/o LandRail L.L.C. Attn: President of Real Estate 50 South Steele, Suite 374 Denver,Colorado 80209 • Page 7 of 8 LandRail Agreement No.406631 Revision Date: March 22,2010 Licensee: I aFarge West,Inc. • 11409 Business Park Circle Suite 200 Longmont, CO 80504 J. Venue: This License shall be governed under the laws of the State of Colorado,and venue shall be proper in the federal or state courts of the State of Colorado. IN WITNESS WHEREOF,the Parties have caused this License to be executed as of the date first herein written: Licensor: Great Western Railway of Licensee: LaFarge West, Inc. Colorado,L.L.C., Acting through its agent I andRail, L.L.C. By: By: Printed name: Printed name: Title: Title: • Page 8 of 8 • Lanorau PRIVATE ROAD CROSSING APPLICATION It is Railroad's policy that one existing road crossing must be removed for anew road crossing installation to be approved. PLEASE BE THOROUGH:Incomplete applications may[salt in processing delays. SECTION I: TO BE COMPLETED FOR ALL CROSSINGS ,I Complete Legal Name of Applicant: L4rI'A.l6 dr4-r, j"rG Agreement to be in the name of(if different from above): 54M E kS 4156 VI Type of Applicant(please mark tame) Corporation LLC Individual_Municipality_Partnership (General_Limited_)Other If applicable,state/province of incorporation or organization: N/A Federal Tax Identification 2 number,(if applicable): �sz7 I 531 495 Mailing Address:I(404 Vrv�il4e1/2 PireK exits- tt7E 20o; £bs/b.Nonlr t7 60504 Billing Address(if different): 457 ! 4 &et VC Overnight Delivery ..Service',,' Address: �Jfl 115 UC ,f /� p�, ,/ Contact Person:AAWC S7/ .$iri4oM Title: ><}IGP,J LMZ'JD M�44PC6e-Y- Phone No 144: x307 Fax No.:f 3 ?) Lab 4 A3a7 Email: ATIVIC, John"on @ I tfoullge -nor .font Type of Road Crossing: _Private Farm Crossing /(Private Commercial Crossing _Contractor's Crossing _Pedestrian Overpass Pedestrian Underpass _Odle _Existing Crossing _New Installation _Relocation • _Permanent Use _ )Temporary`U/se for Mos. _Reconstruction Crossing will be used to access ateeet e Pt Petri Proposed Width of Crossing: 3U feet Desired Material for Crossing(circle one):Wood Planks I Concrete/Asphalt/Rubber/Other: &'VET— Type of Vehicles to be driven over crossing: Passenger Cars _Recreational Vehicles X Pickups Farm Equipment XHavy Construction Equipment Other Approximate number of daily one way trips over the crossing Name of Owner of Property to be eer.ed by crossing air/ dr /gl 6 Address If different than abbio�ve� /00 0� /0..ISi g f7.qq� I 04,51 Railroad being crossed: Cf€�n1 f1C, ld ILWA'/ BF&Nearest Milepost -I.5 Crossing is located in the:/4 YZ Section 34- Township /O Ni Range /0/a W (Example: SE S 'AofN W Ys Section 15,Township 39N,Range 12E) In/Near the City of (e I County Yra'D state t.-t Lile/tor Attach a legal description of your property to be served by the crossing and a property or county map showing the location of the crossings Indicate on the map the distance measured aloes the-trnek-between tho crossing and fixed objects in the vicinity(i.e.,bridge,culvert,railroad mile marker,public road). SECTION 2: TO BE COMPLETED FOR EXISTING CROSSINGS ONLY Name(s)of previous users of crossing Crossing is currently covered by Agreement Number Dated with • EM MA" aAa 40663 •.. . l'.Y�.al ir- l_anoraic SECTION 3: TO BE COMPLETED FOR INSTALLATION�( OF NEW CROSSINGS ONLY Flow is property currently accessed? l f �lkenr Why was access to property not obtained from previous owner Desired crossing will be GJ i i n feet ( )North ( ) South T' East ( ) West Of nearest 559 tfi /}V1;T)U1 9U Public ( ) Private road crossing. r �l Track is in ft cut Number tracks crossed I Track is on: ( )Curve fl Straight If this application is approved, applicant agrees to reimburse the property owner for any cost incurred by the property owner incident to installation, maintenance, and/or supervision necessitated by this installation and father agrees to assume all liability for accidents or injuries which arise as a result of this installation. )4on-refundable fees in the amount of—(US) for document preparation,_engineering review fee(U.S.),and_Right of Entry fee(US) made payable to LandRail,LW am required at the time of application. In addition,fees will be assessed pursuant to a written crossing agreement. This check should be attached to the application. Applications submitted without the required fees will not be processed. REQUESTS FOR RUSHED SERVICE(full execution within fourteen(14)days)ARE AN ADDITIONAL- Please note, if the submitted application and prints require review by any independent environmental(HAZMAT)or other outside consultants,this review will be at applicant's sole cost and in addition to the aforementioned fees. Please return fees (payable to LandRail, LLC in US Dollars),application,maps and/or prints to: LandRail LLC,50 S.Steele St,Ste.374,Denver,CO 80209. Telephone Number. (303)398-0400,Fax Number(866)365-8546. Once an executable road crossing license agreement is submitted to you,the agreement must be fully negotiated and executed within one hundred twenty(120)days. Thereafter,the application and materials will be archived and resubmission (including fees) will be required. PLEASE INITIAL HERE INDICATING YOUR UNDERSTANDING OF THIS POLICY: Date: /0 7- la Q • Signature:ti f r] Name Prin :t /) S );Va,�c Title: Crete.,kons /fle.-,tier PhoneNo.: 303 - 6/7 — 67/9 FOR RAILROAD USE ONLY RAILROAD MILEPOST RAILROAD SUBDIVISION AAR/DOT NUMBER MGR IND&PUBLIC PROJECTS MGR TRACK MAINTENANCE MGR SIGNAL MAINTENANCE PHONE: PHONE: PHONE: SUPERINTENDENT TRANS?SVCS APPROVAL RECEIVED: WIDTH OF CROSSING WIDTH OF RR RIGHT-OF-WAY CROSSING SURFACE FLAGGING PROTECTION LOCKED GATES REQUIRED AT - REQUIRED RIGHT-OF-WAY LINES? SPECIAL PROVISIONS: ESTIMATED CUst(ATTACH MATERIAL AND FORCE ACCOUNT ESTIMATE) • ExI;yi as 4 0 6 6 31 .r ---• NY7d VAIS50HJ 30Yb9.1Y 'I' ...,e,.,. .`; . (�J4�I1�'y NI PYSY0/p rWYdAr036D .mYe�nwswiiaaarwvNo,■ tgl0444 A I i- h I. "\AIITJYJ 3lV3AY/!!ii 3ANYJY7 1 C ii e yF @e iE {• i ei4 e) i I . !W ! l $olt I"ppiill n !i9I { till; I i u / pm;: o0 t?' a cc A's .eke f f - 2 jm n 0"8/em .-:— m m e e a ' p ( J o- $ o { ra> , YeQ / / z � h $ eO a , 3 o it o /` 1 h.;h n o l 1 i x x } x ".,4 4 rti`a, G p ,/e1 ihixnr. e, /woe ss3.7n\oot e/ .t N �. c r H ° 3f/ — tiWo I : go :/ I' o 1? o oox ho , J. fl :, £i /" it' :�tlb - Nsj� b / U34 V U jlr, g` j -44 ti y ve uE 2 / V f t' a sen ca .it / X°. r$+ N U ,Z4i "� ai U cl Y�Ue L LZ �! ` ��lll O 4 b• 1 c-11 ry Q1 X.Itt fl o ? !1 "/a / / ,X, 5( / e2 ryW p sni.uO • a 7 OmniTRAX,INC. • 252 Clayton Street Suite 374 Denver, CO 80206 www.omnitrax.com OI)•lpil •A December 17,2010 Anne Best Johnson LaFarage West,Inc. 11409 Business Park Circle STE 200 Longmont, CO 80504 RE: Private Road Crossing License#406631 Dear Anne, • This letter is in response to our previous telephone conversation about the private road crossing near Greeley, Colorado. We appreciate the submission of the private road crossing application with engineered drawings. We have finished going through our normal internal protocols and have all approvals in place. We have provided you a license agreement that is ready for your execution. Once the executed copy is returned to my office I will execute and you can get started on the construction of the crossing. If you have any questions about the process please don't hesitate to contact me directly. Cor ially, wG� Adam Hess Director of Real Estate OmniTrax, LLC 252 Clayton Street Denver, CO 80206 • DEPARTMENT OF PLANNING SERVICES BUILDING COMPLIANCE DIVISION 18 6 I - 2011 1555 N. 17TH AVENUE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us • ADDRESS: pgregory@co.weld.co.us % 970-353-6100 EXT 3568 W E L DEC O T Y FAX 970-304-6498 May 5, 2011 TIM D and JEANNE IVERSON 5011 W F ST GREELEY CO 80631 Subject: BCV11-00030, Part of Section 34, T6N, R66W, of the 6tH P.M., Weld County, Colorado Dear Mr. and Mrs. Iverson: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on June 14, 2011, at 10:00 a.m., to consider the violations. The property is in violation of the following Sections of the Weld County Code: Section 29-3-10 "Building permits required." Section 29-11-30 "Occupancy violations." • To bring your property into compliance: All existing structures on the property must be permitted for the use of the structure, flood plain issues resolved, fees paid, permits issued, and all inspections completed. This meeting will take place in the County Commissioners Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance at this meeting to answer any questions the Board of County Commissioners might have regarding the violation. The Department of Building Inspection will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you were made aware of the nature of the violation, the action necessary to correct the violation, and that you were given sufficient time to remedy the violation. If you have any questions concerning this matter, please contact me at the above address, telephone number or e-mail address. y, Art Peggy regory Building Compliance Officer pc: BCV11-00030 Bethany Salzman, Zoning Compliance Officer • Chris Gathman, Planner III Clay Kimmi, Drainage and Flood Plain Engineer Anne Johnson, Land Manager Chris Gathman From: Chris Gathman nt: Monday, March 28, 2011 10:41 AM Peggy Gregory c: Kenneth Swanson; Clayton D. Kimmi; Tom Parko Subject: Iverson Building/Floodplain compliance Attachments: image002.png Peggy: Tom Parko and myself met with Tim Iverson at the entrance to his property. We briefly touched on building compliance issues along with the need to contact Public works in regarding the Flood permitting requirements. Mr. Iverson indicated he would call you today to discuss getting the permitting process started. Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue,Greeley CO.80631 Ph:(970)353-6100 ext. 3537 Fax:(970)304-6498 W C:T, 'COUH it I I 41,nfidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. • • File contains CD with digital copies of application materials • Please See Original File • • SPECIAL REVIEW QUESTIONNAIRE 1. A detailed description of the method of mining operation. The Iverson Mine site is located north of F Street, approximately Yz mile from N. 59th Avenue. This 83.06 acre site is comprised of two parcels owned by Tim D. and Jeanne Iverson and leased by Lafarge West, Inc. The Cache la Poudre River borders the site on the west, north and a large portion of the east side. Beyond the river and to the south and east are rural residential and agricultural land uses. The City of Greeley owns a parcel of land east of the Iverson Mine site and Lafarge operates the 35th Avenue Mine site north and east of the City of Greeley property. Up to 64.3 acres of this 83.06 acres site is proposed to be disturbed by the mining operation; a disturbance boundary is shown on the USR map. Within the 64.3 acres that could potentially be disturbed, only 45.1 acres will be mined. Other unmined acreage that may be disturbed will be used for overburden and topsoil stockpiles, internal roads, and conveyors. All of the mining activities will occur on the land owned by Tim and Jeanne Iverson. Lafarge will have no on-site processing of the aggregate materials mined on the Iverson property. Instead, Lafarge obtained an easement across the City of Greeley's property so that Lafarge can convey the material to the 35th Avenue site for all materials processing. The typical mining procedure will be as follows. Any areas slated for protection will be • identified in the field to assure that mining operations will be set back as appropriate. When mining begins, the southeast corner of the mine cell will be stripped and the topsoil and overburden will be temporarily stockpiled outside of the floodway within the designated stockpile area on the south side of the property, as identified on USR Plan set. Once the deposit from the southeast corner has been mined, the topsoil and overburden will be stripped from the center of the cell and the material will be used to reclaim the southeast corner. The center of the cell will then be mined. Following mining of the center of the cell, the topsoil and overburden will be stripped from the north end of the cell and the material will be used to reclaim the center of the cell. The north end of the site will then be mined. Upon completion of the mining of the north end of the cell, the area will be reclaimed using some of the overburden and topsoil stockpiled on top of the mining cell at the start of the project. Once the north end of the cell has been partially reclaimed with the stockpiled material, the southwest corner of the site will be stripped of the topsoil and overburden and that material will be used to complete the reclamation of the north end of the cell. The southeast corner of the cell will then be mined and reclaimed with the remaining stockpiled topsoil and overburden. Because the site will be concurrently mined and reclaimed, Lafarge anticipates that there will be no more than 3500 linear feet of exposed slope that needs to be graded for reclamation. There will be no permanent stockpiles at this site; all extra overburden will be used to create undulating shorelines. Overburden and stockpiled topsoil will be seeded as appropriate to prevent erosion. A dewatering trench will be constructed around the perimeter of the bottom of the mining cell and sump holes will be installed. The sump holes and dewatering trenches will allow sediment • Iverson Mine Weld County Special Review Application Page 1 of 9 to settle before the water is pumped to the Cache la Poudre River in accordance with • Colorado/NPDES discharge permit regulations. When the alluvium is sufficiently dry, front-end loaders will excavate the material and deposit it on conveyors. The mining face will be nearly vertical to 0.5:1 slope. The conveyors will transport the material from the Iverson Mine, across the parcel owned by the City of Greeley to the 35th Avenue Mine plant site for processing. No processing will occur at the Iverson Mine. a. The types and numbers of structures that will be erected on site including operation and processing equipment to be employed. The only "structures" that will be on the site are conveyors and feeders, up to two portable toilets and a 10,000 gallon diesel fuel storage tank. b. The number of shifts to be worked and the maximum number of employees. Lafarge anticipates that there will be one shift. They anticipate just one shift because they expect to regularly operate the mine between 6:00 am and 6:00 pm. However, Lafarge is requesting that they County allow the hours of operation to be 5:00 am to 10:00 pm (see response to criterion 8b for more details). If Lafarge should ever need to operate the mine from 5:00 am to 10:00 pm, it is likely that they would have two shifts, 5:00 am to 2:00 pm and 1:00 pm to 10:00 pm. In addition, most times, they expect that there will be 4 employees on site at a time; however, it is possible that they could have up to 10 employees on site at any one time. c. Whether the operation will involve a wet or dry pit. • Iverson Mine will be a dry pit. d. County roads and bridges to be utilized, along with site entrance/exit points. There will be one access point to the site off of F Street. The mine site will use the Iverson property's existing access point. Very little traffic will be generated by the Iverson Mine because all of the aggregate that will be mined is going to be transported to the 35th Avenue site for processing via conveyors. Therefore, 4-10 employees will come and go from the site in their personal vehicles on a daily basis. This access point is shown on the Weld County Access Information Sheet and on the Special Review Plan set maps. e. The size of the area and stages to be worked at any one time. The Iverson Mine will all be mined as one cell (45.1 acres in size); however, Lafarge will be concurrently reclaiming as they mine in the cell. With the concurrent mining and reclamation, Lafarge anticipates that there will be no more than 3500 linear feet of exposed slope at any one time. f. A time table giving the periods of time and number of phases to be worked, which will be required for the various phases of the operation. It is estimated that there are approximately 1,758,000 tons of sand and gravel to be mined from the site and that Lafarge will mine up to approximately 600,000 tons of aggregate per year. At this rate, Lafarge anticipates mining and reclaiming the site in approximately four • Iverson Mine Weld County Special Review Application Page2of9 • to five years. However, the rate of mining and overall life of the mine is dependent upon demand and market conditions. g. The depth and thickness of the mineral deposit to be mined and the thickness of overburden to be removed. The site was drilled in December 2003 and again in December 2008 and testing was performed to verify the sand and gravel deposits are commercially marketable. The topsoil is approximately six to twelve inches deep and there are three to six feet of overburden across the site. Based on this, it is estimated that the topsoil will amount to approximately 35,800 cubic yards and overburden will amount to approximately 275,200 cubic yards. All overburden needed for the construction of the final reclamation slopes will remain on-site. The sand and gravel is 14'-29' deep across the site and mining at the site is intended to progress down to claystone or sandstone. h. The proposed use of reclaimed lands and an explanation of the reclamation process. The Iverson property will be reclaimed as an unlined, open water pond surrounded by uplands. Native and adaptive plantings and ground covers will be used to restore and enhance all areas disturbed by mining activities. Following the mining of each area within the cell, the mine walls will be re-graded with overburden material. If needed, portions of the deposit not mined may be used to supplement the overburden. Slopes both above and below the post-mine high water level • will all be 3H:1 V or flatter. Topsoil will be spread over the surface of the re-graded slopes in all areas above the post-mining pond level. Topsoil replaced in upland areas will be at a depth of at least six inches. Following topsoil replacement, reseeding will be performed according to SCS recommended practices (see proposed seed mixes on the following page). Based on SCS guidance for other local projects having similar surficial soils, the following revegetation procedures are anticipated: • Grass seed will typically be planted in unfrozen soil between October 1 and April 30. • Grass seed will be planted with a grass drill, or where necessary, with a broadcast seeder. • The proposed seed mix and application rates in pounds of pure live seed per acre are described on the following pages. • Weed control practices will be implemented as required. The above procedures may be modified as conditions dictate. Russian Olives existing prior to mining will not be removed by Lafarge. If a significant invasion of noxious weeds occurs, the area will be mowed periodically for control. Weeds will be mowed before they go to seed during the first growing season. Mechanical control will be used as a first priority. Chemical methods will be used only if no other alternative produces acceptable results. • Iverson Mine Weld County Special Review Application Page 3 of9 Marsh and aquatic plants are expected to establish themselves along the shoreline of the • post-mining pond. The species of plants anticipated to establish themselves naturally along the pond shoreline include cattails, willows, cottonwoods, and bulrushes. The existing riparian areas along the Cache la Poudre River would function as a seed bank for the pond area. These plants should minimize shore erosion potential. The following are the proposed seed mixtures to be used on site where appropriate. However, availability may dictate the need for variety substitution. Seed Mix for Upland Areas Common Name Scienttifiic Name Variety °Mix; Applic n ta lir+bs/ac Western Wheat.rass A_ror ron smithii Arriba 17.0% 1.74 Sideoats Grama Bouteloua curtipendia Butte 17.5% 1.80 Mountain Brome Bromus mar inatus Bromar 17.0 % 1.74 Prairie Sandreed Calamovilfa longifolia Goshen 1.0% 0.48 Switch_rass Panicum vir_atum Pathfinder 7.0% 0.67 Alkali Sacaton Sporobolus airoides 1.0% 0.10 Needle and Thread Stipa comata 13.0% 1.29 Northern Sweetvetch Hed sarum boreale Tim. 10.0% 1.02 Rocky Mountain Penstemon strictus Bandera 5.0% 0.46 Penstemon Scarlet Globemallow Sphaeralcea coccinea ARS2936 3.0% 0.26 • Prairie Wildrose Rosa Arkansana 8.5% 0.87 Total lbs/ac 100% 10.43 Pure Live Seed pounds per acre; rates shown are for drill seeding; double rates for broadcast seeding. Seed Mix for Transitional Zone/Water's Edge a/o UL - pi. common Name Scientific Name Variety.' Application Mix hate_ibslae Western Wheatgrass Agropyron smith ii Arriba 10.6% 1.45 Side Oats Grama Bouteloua curtipendia Butte 9.2% 1.24 Canada wildrye Elymus canadensis Mandan 18.1% 2.47 Basin wildrye Elymus cinereus Magnar 9.8% 1.34 Switchgrass Panicum virgatum Pathfinder 5.7% 0.78 Sand dropseed Sporobolus cryptandrus 0.2% 0.03 Scarlet Globemallow Sphaeralcea coccinea ARS2936 3.8% 0.52 American vetch V ica americana 42.6% 5.81 Total lbs/ac 100% I 13.64 • Iverson Mine Weld County Special Review Application Page 4 of 9 • I Pure Live Seed pounds per acre; rates shown are for drill seeding; double rates for broadcast seeding. i. The source of technical advice in that type of reclamation for open cut mining land. Technical advice was provided by Tetra Tech. 2. A statement which explains how the proposal is consistent with the Weld County Comprehensive Plan. This application is consistent with the Weld County Comprehensive Plan. The mining operation will promote the goals and policies of Section 22-5-80, "Commercial and Mineral Resource Deposits Goals and Policies". Following is a listing of the goals of this section followed by an explanation of how the application is consistent with that goal and its associated policies. • CM Goal 1: Conserve lands which provide valuable natural mineral deposits for potential future use in accordance with state law. According to the map titled Distribution and Quality of Potential Sources of Aggregate Infrastructure Resources Project Area, Colorado and Wyoming by William H. Langer, Gregory N. Green, Daniel H. Knepper, Jr., David A. Lindsey, David W. Moore, L. David Nealey and John C. Reed, Jr. (USGS Open-File Report 97-477; 1997), the Iverson Mine is located in a Sand and Gravel Resource area. In addition, site specific testing was performed to verify that the sand and gravel deposits on the property are commercially marketable. • CM. Goal 2: Promote the reasonable and orderly development of mineral resources. • Lafarge is committed to operating a responsible and orderly mining facility and recognizes the fact that the mine will be subject to Development Standards which will be defined as part of this Use by Special Review permit process. • CM. Goal 3: Minimize the impacts of surface mining activities on surrounding land uses, roads and highways. The Iverson Mine will have a very minimal impact on surrounding roads and highways since all of the material will be transported to the 35th Avenue Mine site for processing via a conveyor system. In addition, the mining activities will have a minimal impact on surrounding land uses because the mature riparian vegetation all along the Cache la Poudre River and around the Iverson's existing home at the southeast corner of their property create a natural buffer. In addition, mining and reclamation activity on the site is expected to last just four to five years. • CM. Goal 4: Minimize hazardous conditions related to mining activities and the mining site. Conveyors will transport material to the 35th Avenue site for processing, thereby eliminating potential traffic hazards by eliminating haul road traffic. The property will be signed to protect people from mine site hazards. The river on the west, north and east sides of the area to be mined and existing property fencing on the east and south sides of the Iverson property will help keep the public out of the active mining areas. In addition, Lafarge will comply with federal, state and local environmental and safety regulations in addition to implementing Lafarge's own safety protocols. • CM. Goal 5: Provide for timely reclamation and reuse of mining sites in accordance with this Chapter and Chapters 23 and 24 of this Code. • This site will be reclaimed into an unlined groundwater-fed pond, a use that is consistent with the County Regulations. Iverson Mine Weld County Special Review Application Page 5 of 9 • CMGoal 6: The extraction of mineral resources should conserve the land and minimize the impact on surrounding land. Lafarge will not impact the riparian corridor along the Cache la Poudre River to protect that resource and be able to utilize it as a natural buffer around the mine site. 3. A statement which explains how the proposal is consistent with the intent of the district in which the use is located. The Iverson Mine site is located in the Agricultural Zone District and open pit mining is a use by special review in this district. 4. If applicable, a statement which explains what efforts have been made, in the location decision for the proposed use, to conserve productive agricultural land in the agricultural zone district. Not applicable 5. A statement which explains there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the neighborhood and the County. The majority of the site is screened from surrounding properties by the mature vegetation along the Cache la Poudre River(on the west, north and east sides) as well as on at the southwest corner of the Iverson property around the Iversons' home. In addition, stockpiles to be located on the southwest corner of the property will help screen mining operations. These stockpiles will be in place for more than 180 days; therefore, they will be vegetated. Traffic Engineer, Gene Coppola, prepared a traffic impact study letter which indicates there will be no significant • impacts on traffic associated with the Iverson Mine. The primary reason for this is that Lafarge will be using conveyors to transport the mined material from the Iverson Mine site to Lafarge's 35th Avenue site for all processing. Therefore the only traffic generated by the Iverson Mine will be employees (a maximum of 10) coming and going to the site. The property will be signed to protect people from mine site hazards. The river on the west, north and east sides of the area to be mined and existing property fencing on the east and south sides of the Iverson property will help keep the public out of the active mining areas. Finally, Lafarge will comply with federal, state and local environmental and safety regulations in addition to implementing Lafarge's own safety protocols. 6. A statement describing the existing surrounding land uses and explaining how the proposal will be compatible. The Cache la Poudre River is adjacent to the property on the west, north and a majority of the east side. Beyond the river and adjacent to the property on the east and south are agricultural and rural residential land uses. As explained above, the existing vegetation along the river and near the Iversons' home and with the proposed stockpiles at the south east corner of the mining area will provide an effective buffer. A description of the air quality and noise mitigation techniques to be used can be found in the Air Quality and Noise Impacts sections of this application package. A traffic impact letter was also prepared and is included in the application. It explains that the Mine will not generate enough traffic to create an impact on surrounding land uses. • Iverson Mine Weld County Special Review Application Page 6 of 9 • 7. A statement describing the existing land use. The existing land use of the Iverson property is rural residential and agricultural. The Iversons' home, which is located at the southeast corner of the property, will not be within the area used by Lafarge for the mining operation. The portion of the property to be mined is all currently used as irrigated cropland; hay and alfalfa are grown. 8. Describe, in detail, the following: a. How many people (employees, visitors, buyers, etc.) will use this site? Up to 10 employees may be on the site at any one time. However, at most times, there will be only 4 employees working at the Iverson Mine site. Since all of the material mined from the site will be processed at the 35th Avenue site, there will be no regular visitors to the Iverson Mine site. b. What are the hours of operation? As previously explained, all materials mined at the Iverson Mine will be processed at the 35th Avenue Mine site. Therefore, Lafarge is requesting the same hours of operation for the Iverson Mine site as are in place for the 35th Avenue Site (USR 247). On August 16, 2010, the Weld County Commissioners approved a Resolution for USR 247 regarding the hours of operation outlined in the Development Standards. Per that approved Resolution, the Development Standard was changed to read: "Hours of operation shall be from 5:00 am to 10:00 pm. Hours may be extended beyond this timeframe with written notification provided • to the Department of Planning Services." Most days, Lafarge will mine the Iverson site from 6:00 am to 6:00 pm. However, it is important to Lafarge to have the right to begin to operate as early as 5:00 am and as late as 10:00 pm to give them the flexibility needed to respond to their customers requests. c. What type and how many animals, if any, will be on this site? There will be no grazing animals on this site during mining. d. What kind(type, size, weight) of vehicles will access this site and how often? Prior to mining beginning on the property, Lafarge will need to bring their mining equipment (2 loaders, 2 dozers, 2 scrapers, 1 grader, 1 trackhoe and 1 water truck) onto the site and when mining is complete the equipment will need to leave the site. Otherwise, only 4-10 Lafarge employees, driving their personal vehicles, will be accessing the site on a daily basis. Please see the attached Traffic Impact letter from Gene Coppola. e. Who will provide fire protection to the site? Fire protection to this property is provided by the Union Colony Fire Rescue Authority. f What is the water source on the property? (commercial well or water district) Shares of water from the Greeley Irrigation Company, that are owned by Mr. Iverson, will be used to meet the operational needs at the Iverson Mine. Bottled water will be provided to the employees at the site. A portable hand washing facility will be provided in conjunction • with the portable restrooms to be located on-site. Iverson Mine Weld County Special Review Application Page 7 of 9 g. What is the sewage disposal system on the property? (existing and proposed) • There is no office building that will be located on the Iverson Mine site; therefore, Lafarge will just provide portable restrooms near the working face of the mine. Lafarge understands that these portable restrooms cannot be located in the floodway and that they can only be located in the flood fringe if they are anchored and permitted through a weld County Flood Hazard Development Permit. h. If storage or warehousing is proposed, what type of items will be stored? There will be a 10,000 gallon above-ground diesel fuel storage tank on-site. The only other materials to be stored will be the sand and gravel resource, and stockpiles of overburden and topsoil. L Explain where storage and/or stockpile of wastes will occur on this site. As shown in the Special Review Map plan set, overburden and topsoil stockpiles will be located at the southwest corner of the site. j. Explain the proposed landscaping/screening for the site. The landscaping shall be separately submitted as a landscape plan map as part of the application submittal. Existing mature vegetation along the Cache la Poudre River and some existing mature vegetation around the Iversons' home, located in the southeast corner of the Iverson property, will provide screening for the site. Stockpiles that will be in place for more than 180 days will be seeded depending on the seeding "window" parameters for dryland grass, • which are typically between September and April. The dryland grass seed mix to be used is listed on page 4 of this Questionnaire and is provided on the USR map. k. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. Timetable 23-2-260.C 12. The Iverson Mine will all be mined as one cell (45.1 acres in size); however, Lafarge will be concurrently reclaiming as they mine in the cell. It will take approximately four to five years to mine and reclaim the Iverson Mine site; however, the rate of mining and reclamation and overall life of the mine is dependent upon demand and market conditions. Lafarge anticipates mining on this site to begin in 2012. L Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. Upon completion of the mining of the Iverson property, the site will be reclaimed as upland and an open water pond. Reclamation of the site following mining is included as part of the USR activity. There are no proposed reclamation procedures following termination of the USR activity. m. Explain how the storm water drainage will be handled on the site. Please see the attached Drainage Report. • Iverson Mine Weld County Special Review Application Page 8 of 9 • n. Method and time schedule of removal or disposal of debris,junk and other wastes associated with the proposed use. All wastes associated with the mining operation will be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. No debris,junk or other waste will be left behind on the site following reclamation. o. A statement delineating the need for the proposed use. Sand and gravel mines are needed to satisfy the demand for construction materials in the area. 9. A statement which explains the Use by Special Review area is not located in a floodplain, geologic hazard and Weld County Airport overlay district area; or that the application complies with Chapter 23,Article V, Overlay District Regulations as outlined in the Weld County Code. The Iverson Mine is not located in a geologic hazard area or in the Weld County Airport Overlay District. However, it is located in the FW (Floodway) and FP-2 (Floodprone) Districts according to Section 23-5-230. Because the property is located in the FW and FP-2 Districts, it will comply with the conditions associated with uses in that District as described in Section 23- 5-260 of the Weld County Code. Please see the attached Floodplain Hazard Development Permit application. • • Iverson Mine Weld County Special Review Application Page 9 of 9 J • SPECIAL REVIEW QUESTIONNAIRE I. A detailed description of the method of mining operation. The Iverson Mine site is located north of F Street, approximately %3 mile from N. 59`h Avenue. This 83.06 acre site is comprised of two parcels owned by Tim D. and Jeanne Iverson and leased by Lafarge West, Inc. The Cache la Poudre River borders the site on the west, north and a large portion of the east side. Beyond the river and to the south and east are rural residential and agricultural land uses. The City of Greeley owns a parcel of land east of the Iverson Mine site and Lafarge operates the 35th Avenue Mine site north and east of the City of Greeley property. Up to 64.3 acres of this 83.06 acres site is proposed to be disturbed by the mining operation; a disturbance boundary is shown on the USR map. Within the 64.3 acres that could potentially be disturbed, only 45.1 acres will be mined. Other unmined acreage that may be disturbed will be used for overburden and topsoil stockpiles, internal roads, and conveyors. All of the mining activities will occur on the land owned by Tim and Jeanne Iverson. Lafarge will have no on-site processing of the aggregate materials mined on the Iverson property. Instead, Lafarge obtained an easement across the City of Greeley's property so that Lafarge can convey the material to the 35th Avenue site for all materials processing. The typical mining procedure will be as follows. Any areas slated for protection will be identified in the field to assure that mining operations will be set back as appropriate. When mining begins, the southeast corner of the mine cell will be stripped and the topsoil and overburden will be temporarily stockpiled outside of the floodway within the designated stockpile area on the south side of the property, as identified on USR Plan set. Once the deposit from the southeast corner has been mined, the topsoil and overburden will be stripped from the center of the cell and the material will be used to reclaim the southeast corner. The center of the cell will then be mined. Following mining of the center of the cell,the topsoil and overburden will be stripped from the north end of the cell and the material will be used to reclaim the center of the cell. The north end of the site will then be mined. Upon completion of the mining of the north end of the cell, the area will be reclaimed using some of the overburden and topsoil stockpiled on top of the mining cell at the start of the project. Once the north end of the cell has been partially reclaimed with the stockpiled material, the southwest corner of the site will be stripped of the topsoil and overburden and that material will be used to complete the reclamation of the north end of the cell. The southeast corner of the cell will then be mined and reclaimed with the remaining stockpiled topsoil and overburden. Because the site will be concurrently mined and reclaimed, Lafarge anticipates that there will be no more than 3500 linear feet of exposed slope that needs to be graded for reclamation. There will be no permanent stockpiles at this site; all extra overburden will be used to create undulating shorelines. Overburden and stockpiled topsoil will be seeded as appropriate to prevent erosion. • Iverson Mine Weld County Special Review Application Page 1 of 9 A dewatering trench will be constructed around the perimeter of the bottom of the mining cell • and sump holes will be installed. The sump holes and dewatering trenches will allow sediment to settle before the water is pumped to the Cache la Poudre River in accordance with Colorado/NPDES discharge permit regulations. When the alluvium is sufficiently dry, front-end loaders will excavate the material and deposit it on conveyors. The mining face will be nearly vertical to 0.5:1 slope. The conveyors will transport the material from the Iverson Mine, across the parcel owned by the City of Greeley to the 35th Avenue Mine plant site for processing. No processing will occur at the Iverson Mine. a. The types and numbers of structures that will be erected on site including operation and processing equipment to be employed. The only "structures"that will be on the site are conveyors and feeders, up to two portable toilets and a 10,000 gallon diesel fuel storage tank. b. The number of shifts to be worked and the maximum number of employees. Lafarge anticipates that there will be one shift. They anticipate just one shift because they expect to regularly operate the mine between 6:00 am and 6:00 pm. However, Lafarge is requesting that they County allow the hours of operation to be 5:00 am to 10:00 pm (see response to criterion 8b for more details). If Lafarge should ever need to operate the mine from 5:00 am to 10:00 pm, it is likely that they would have two shifts, 5:00 am to 2:00 pm and I:00 pm to 10:00 pm. In addition, most times, they expect that there will be 4 employees on site at a time; however, it is possible that they could have up to 10 employees on site at any one time. c. Whether the operation will involve a wet or dry pit. Iverson Mine will be a dry pit. d. County roads and bridges to be utilized, along with site entrance/exit points. There will be one access point to the site off of F Street. The mine site will use the Iverson property's existing access point. Very little traffic will be generated by the Iverson Mine because all of the aggregate that will be mined is going to be transported to the 35th Avenue site for processing via conveyors. Therefore, 4-10 employees will come and go from the site in their personal vehicles on a daily basis. This access point is shown on the Weld County Access Information Sheet and on the Special Review Plan set maps. e. The size of the area and stages to be worked at any one time. The Iverson Mine will all be mined as one cell (45.1 acres in size); however,Lafarge will be concurrently reclaiming as they mine in the cell. With the concurrent mining and reclamation, Lafarge anticipates that there will be no more than 3500 linear feet of exposed slope at any one time. Iverson Mine • Weld County Special Review Application Page 2 of 9 • f A time table giving the periods of time and number of phases to be worked, which will be required for the various phases of the operation. It is estimated that there are approximately 1,758,000 tons of sand and gravel to be mined from the site and that Lafarge will mine up to approximately 600,000 tons of aggregate per year. At this rate, Lafarge anticipates mining and reclaiming the site in approximately four to five years. However, the rate of mining and overall life of the mine is dependent upon demand and market conditions. g. The depth and thickness of the mineral deposit to be mined and the thickness of overburden to be removed. The site was drilled in December 2003 and again in December 2008 and testing was performed to verify the sand and gravel deposits are commercially marketable. The topsoil is approximately six to twelve inches deep and there are three to six feet of overburden across the site. Based on this, it is estimated that the topsoil will amount to approximately 35,800 cubic yards and overburden will amount to approximately 275,200 cubic yards. All overburden needed for the construction of the final reclamation slopes will remain on-site. The sand and gravel is 14'-29' deep across the site and mining at the site is intended to progress down to claystone or sandstone. h. The proposed use of reclaimed lands and an explanation of the reclamation process. The Iverson property will be reclaimed as an unlined, open water pond surrounded by uplands. Native and adaptive plantings and ground covers will be used to restore and • enhance all areas disturbed by mining activities. Please refer to the DRMS Reclamation Plan map for more details regarding the reclamation of all areas that will be disturbed by the Iverson Mine. It should be noted that the boundary of the Iverson Mine shown on the DRMS Reclamation Plan map differs from the Iverson Mine USR boundary because the DRMS requires the boundary to include all areas disturbed by the Iverson Mine activities and the County requires the USR boundary to follow parcel boundary lines. Following the mining of each area within the Iverson Mining cell, the mine walls will be re- graded with overburden material. If needed, portions of the deposit not mined may be used to supplement the overburden. Slopes both above and below the post-mine high water level will all be 3H:I V or flatter. Topsoil will be spread over the surface of the re-graded slopes in all areas above the post-mining pond level. Topsoil replaced in upland areas will be at a depth of at least six inches. Following topsoil replacement, reseeding will be performed according to SCS recommended practices (see proposed seed mixes on the following page). Based on SCS guidance for other local projects having similar surficial soils, the following revegetation procedures are anticipated: • Grass seed will typically be planted in unfrozen soil between October 1 and April 30. • Grass seed will be planted with a grass drill, or where necessary, with a broadcast seeder. Iverson Mine Weld County Special Review Application Page 3 of 9 • The proposed seed mix and application rates in pounds of pure live seed per acre are • described on the following pages. • Weed control practices will be implemented as required. The above procedures may be modified as conditions dictate. Russian Olives existing prior to mining will not be removed by Lafarge. If a significant invasion of noxious weeds occurs, the area will be mowed periodically for control. Weeds will be mowed before they go to seed during the first growing season. Mechanical control will be used as a first priority. Chemical methods will be used only if no other alternative produces acceptable results. Marsh and aquatic plants are expected to establish themselves along the shoreline of the post-mining pond. The species of plants anticipated to establish themselves naturally along the pond shoreline include cattails, willows, cottonwoods, and bulrushes. The existing riparian areas along the Cache la Poudre River would function as a seed bank for the pond area. These plants should minimize shore erosion potential. The following are the proposed seed mixtures to be used on site where appropriate. However, availability may dictate the need for variety substitution. Seed Mix for Upland Areas %oY Common Name Seientlfte.Name Variety Apocalw, Rate(lbs/acj. • Western Wheatgrass Agropyron smithii Arriba 17.0% 1.74 Sideoats Grama Bouteloua curtipendia Butte 17.5% 1.80 Mountain Brome Bromus marginatus Bromar 17.0 % 1.74 Prairie Sandreed Calamovilfa longifolia Goshen 1.0% 0.48 Switchgrass Panicum virgatum Pathfinder 7.0% 0.67 Alkali Sacaton Sporobolus airoides 1.0% 0.10 Needle and Thread Stipa comata 13.0% 1.29 Northern Sweetvetch Hedysarum boreale Timp 10.0% 1.02 Rocky Mountain Penstemon strictus Bandera 5.0% 0.46 Penstemon Scarlet Globemallow Sphaeralcea coccinea ARS2936 3.0% 0.26 Prairie Wildrose _ Rosa Arkansana 8.5% 0.87 Total lbs/ac 100% 10.43 Pure Live Seed pounds per acre; rates shown are for drill seeding; double rates for broadcast seeding. Iverson Mine • Weld County Special Review Application Page 4 of 9 • Seed Mix for Transitional Zone/Water's Edge of PLS': Common Name Scientific Name Variety Mix Application Rate(lbstac)- Western Wheatgrass Agropyron smithii Arriba 10.6% 1.45 Side Oats Grama Bouteloua curtipendia Butte 9.2% 1.24 Canada wildrye Elymus canadensis Mandan 18.1% 2.47 Basin wildrye Elymus cinereus Magnar 9.8% 1.34 Switchgrass Panicum virgatum Pathfinder 5.7% 0.78 Sand dropseed Sporobolus cryptandrus 0.2% 0.03 Scarlet Globemallow Sphaeralcea coccinea ARS2936 3.8% 0.52 American vetch Vica americana 42.6% 5.81 Total lbs/ac 100% 13.64 Pure Live Seed pounds per acre; rates shown are for drill seeding; double rates for broadcast seeding. i. The source of technical advice in that type of reclamation for open cut mining land. Technical advice was provided by Tetra Tech. 2. A statement which explains how the proposal is consistent with the Weld County Comprehensive Plan. • This application is consistent with the Weld County Comprehensive Plan. The mining operation will promote the goals and policies of Section 22-5-80, "Commercial and Mineral Resource Deposits Goals and Policies". Following is a listing of the goals of this section followed by an explanation of how the application is consistent with that goal and its associated policies. • CM. Goal I: Conserve lands which provide valuable natural mineral deposits for potential future use in accordance with state law. According to the map titled Distribution and Quality of Potential Sources of Aggregate Infrastructure Resources Project Area, Colorado and Wyoming by William H. Langer, Gregory N. Green, Daniel H. Knepper, Jr., David A. Lindsey, David W. Moore, L. David Nealey and John C. Reed, Jr. (USGS Open-File Report 97-477; 1997), the Iverson Mine is located in a Sand and Gravel Resource area. In addition, site specific testing was performed to verify that the sand and gravel deposits on the property are commercially marketable. • CM. Goal 2: Promote the reasonable and orderly development of mineral resources. Lafarge is committed to operating a responsible and orderly mining facility and recognizes the fact that the mine will be subject to Development Standards which will be defined as part of this Use by Special Review permit process. • CM. Goal 3: Minimize the impacts of surface mining activities on surrounding land uses, roads and highways. The Iverson Mine will have a very minimal impact on surrounding roads and highways since all of the material will be transported to the 35th Avenue Mine site for processing via a • Iverson Mine Weld County Special Review Application Page 5 of 9 conveyor system. In addition, the mining activities will have a minimal impact on • surrounding land uses because the mature riparian vegetation all along the Cache la Poudre River and around the Iverson's existing home at the southeast corner of their property create a natural buffer. In addition, mining and reclamation activity on the site is expected to last just four to five years. CM Goal 4: Minimize hazardous conditions related to mining activities and the mining site. Conveyors will transport material to the 35th Avenue site for processing, thereby eliminating potential traffic hazards by eliminating haul road traffic. The property will be signed to protect people from mine site hazards. The river on the west, north and east sides of the area to be mined and existing property fencing on the east and south sides of the Iverson property will help keep the public out of the active mining areas. In addition, Lafarge will comply with federal, state and local environmental and safety regulations in addition to implementing Lafarge's own safety protocols. CM. Goal 5: Provide for timely reclamation and reuse of mining sites in accordance with this Chapter and Chapters 23 and 24 of this Code. This site will be reclaimed into an unlined groundwater-fed pond, a use that is consistent with the County Regulations. • CMGoal 6: The extraction of mineral resources should conserve the land and minimize the impact on surrounding land. Lafarge will not impact the riparian corridor along the Cache la Poudre River to protect that resource and be able to utilize it as a natural buffer around the mine site. 41111 3. A statement which explains how the proposal is consistent with the intent of the district in which the use is located. The Iverson Mine site is located in the Agricultural Zone District and open pit mining is a use by special review in this district. 4. If applicable, a statement which explains what efforts have been made, in the location decision for the proposed use, to conserve productive agricultural land in the agricultural zone district. Not applicable 5. A statement which explains there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the neighborhood and the County. The majority of the site is screened from surrounding properties by the mature vegetation along the Cache la Poudre River(on the west, north and east sides) as well as on at the southwest corner of the Iverson property around the Iversons' home. In addition, stockpiles to be located on the southwest corner of the property will help screen mining operations. These stockpiles will be in place for more than 180 days; therefore,they will be vegetated. Traffic Engineer, Gene Coppola, prepared a traffic impact study letter which indicates there will be no significant impacts on traffic associated with the Iverson Mine. The primary reason for this is that Lafarge will be using conveyors to transport the mined material from the Iverson Mine site to Lafarge's 35th Avenue site for all processing. Therefore the only traffic generated by the Iverson Mine Iverson Mine • Weld County Special Review Application Page 6 of 9 • will be employees (a maximum of 10)coming and going to the site. The property will be signed to protect people from mine site hazards. The river on the west, north and east sides of the area to be mined and existing property fencing on the east and south sides of the Iverson property will help keep the public out of the active mining areas. Finally, Lafarge will comply with federal, state and local environmental and safety regulations in addition to implementing Lafarge's own safety protocols. 6. A statement describing the existing surrounding land uses and explaining how the proposal will be compatible. The Cache la Poudre River is adjacent to the property on the west, north and a majority of the east side. Beyond the river and adjacent to the property on the east and south are agricultural and rural residential land uses. As explained above, the existing vegetation along the river and near the Iversons' home and with the proposed stockpiles at the south east corner of the mining area will provide an effective buffer. A description of the air quality and noise mitigation techniques to be used can be found in the Air Quality and Noise Impacts sections of this application package. A traffic impact letter was also prepared and is included in the application. It explains that the Mine will not generate enough traffic to create an impact on surrounding land uses. 7. A statement describing the existing land use. The existing land use of the Iverson property is rural residential and agricultural. The lversons' home, which is located at the southeast corner of the property, will not be within the area used • by Lafarge for the mining operation. The portion of the property to be mined is all currently used as irrigated cropland; hay and alfalfa are grown. 8. Describe, in detail, the following: a. How many people(employees, visitors, buyers, etc.) will use this site? Up to 10 employees may be on the site at any one time. However, at most times, there will be only 4 employees working at the Iverson Mine site. Since all of the material mined from the site will be processed at the 35th Avenue site, there will be no regular visitors to the Iverson Mine site. b. What are the hours of operation? As previously explained, all materials mined at the Iverson Mine will be processed at the 35th Avenue Mine site. Therefore, Lafarge is requesting the same hours of operation for the Iverson Mine site as are in place for the 35th Avenue Site (USR 247). On August 16, 2010, the Weld County Commissioners approved a Resolution for USR 247 regarding the hours of operation outlined in the Development Standards. Per that approved Resolution, the Development Standard was changed to read: "Hours of operation shall be from 5:00 am to 10:00 pm. Hours may be extended beyond this timeframe with written notification provided to the Department of Planning Services." Most days, Lafarge will mine the Iverson site from 6:00 am to 6:00 pm. However, it is important to Lafarge to have the right to begin to operate as early as 5:00 am and as late as 10:00 pm to give them the flexibility needed to respond to their customers requests. • Iverson Mine Weld County Special Review Application Page 7of9 c. What type and how many animals, if any, will be on this site? There will be no grazing animals on this site during mining. d. What kind(type, size, weight) of vehicles will access this site and how often? Prior to mining beginning on the property, Lafarge will need to bring their mining equipment(2 loaders, 2 dozers, 2 scrapers, I grader, 1 trackhoe and 1 water truck) onto the site and when mining is complete the equipment will need to leave the site. Otherwise, only 4-10 Lafarge employees, driving their personal vehicles, will be accessing the site on a daily basis. Please see the attached Traffic Impact letter from Gene Coppola. e. Who will provide fire protection to the site? Fire protection to this property is provided by the Union Colony Fire Rescue Authority. f. What is the water source on the property? (commercial well or water district) Shares of water from the Greeley Irrigation Company, that are owned by Mr. Iverson, will be used to meet the operational needs at the Iverson Mine. Bottled water will be provided to the employees at the site. A portable hand washing facility will be provided in conjunction with the portable restrooms to be located on-site. g. What is the sewage disposal system on the property? (existing and proposed) There is no office building that will be located on the Iverson Mine site; therefore, Lafarge will just provide portable restrooms near the working face of the mine. Lafarge understands that these portable restrooms cannot be located in the floodway and that they can only be • located in the flood fringe if they are anchored and permitted through a weld County Flood Hazard Development Permit. h. If storage or warehousing is proposed, what type of items will be stored? There will be a 10,000 gallon above-ground diesel fuel storage tank on-site. The only other materials to be stored will be the sand and gravel resource, and stockpiles of overburden and topsoil. i. Explain where storage and/or stockpile of wastes will occur on this site. As shown in the Special Review Map plan set, overburden and topsoil stockpiles will be located at the southwest corner of the site. j. Explain the proposed landscaping/screening for the site. The landscaping shall be separately submitted as a landscape plan map as part of the application submittal. Existing mature vegetation along the Cache la Poudre River and some existing mature vegetation around the Iversons' home, located in the southeast corner of the Iverson property, will provide screening for the site. Stockpiles that will be in place for more than 180 days will be seeded depending on the seeding "window" parameters for dryland grass, which are typically between September and April. The dryland grass seed mix to be used is listed on page 4 of this Questionnaire and is provided on the USR map. Iverson Mine • Weld County Special Review Application Page 8 of 9 k. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. Timetable 23-2-260.C.12. The Iverson Mine will all be mined as one cell (45.1 acres in size); however, Lafarge will be concurrently reclaiming as they mine in the cell. It will take approximately four to five years to mine and reclaim the Iverson Mine site; however, the rate of mining and reclamation and overall life of the mine is dependent upon demand and market conditions. Lafarge anticipates mining on this site to begin in 2012. I. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. Upon completion of the mining of the Iverson property, the site will be reclaimed as upland and an open water pond. Reclamation of the site following mining is included as part of the USR activity. There are no proposed reclamation procedures following termination of the USR activity. m. Explain how the storm water drainage will be handled on the site. Please see the attached Drainage Report. n. Method and time schedule of removal or disposal of debris,junk and other wastes associated with the proposed use. All wastes associated with the mining operation will be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. • No debris,junk or other waste will be left behind on the site following reclamation. o. A statement delineating the need for the proposed use. Sand and gravel mines are needed to satisfy the demand for construction materials in the area. 9. A statement which explains the Use by Special Review area is not located in a floodplain, geologic hazard and Weld County Airport overlay district area; or that the application complies with Chapter 23,Article V, Overlay District Regulations as outlined in the Weld County Code. The Iverson Mine is not located in a geologic hazard area or in the Weld County Airport Overlay District. However, it is located in the FW (Floodway) and FP-2 (Floodprone) Districts according to Section 23-5-230. Because the property is located in the FW and FP-2 Districts, it will comply with the conditions associated with uses in that District as described in Section 23- 5-260 of the Weld County Code. Please see the attached Floodplain Hazard Development Permit application. • Iverson Mine Weld County Special Review Application Page 9 of 9 WELD COUNTY ACCESS PERMIT „ eld County Public Works Dept. � 'O co A. Phone: (970) 304-6496 �f 111 H Street After Hours: (970)356-4000 P.O. Box 758 -O t; r co Emergency Services: (970) 304-6500 x 2700 Greeley, CO 80632 Inspection: (970) 304-6480 4/C W4Q Permit Number: AP11-00012 Issuance of this permit binds applicant and its contractors to all requirements,provisions,and ordinances of Weld County,Colorado. Project Name: Iverson Mine Site Expiration date: 07/24/2011 Applicant Information: Property Owner Information: Name: Anne Johnson Name: Tim and Jeanne Iverson Company: LaFarge West, Inc. Company: Phone: 303-653-4101 Phone: 970-353-6678 Email: anne.johnson@lafarge-na.com Email: Location: Proposed Use: Access is on WCR: 52.25 Temporary: Nearest Intersection WCR: 62.25 &WCR: 31 Single Residential: Distance From Intersection: 4200 Industrial: Number of Existing Accesses: 1 Small Commercial: •anninq Process: USR Oil&Gas: Large Commercial: 0 Road Surface Type&Construction Information: Subdivision: Road Surface: Gravel Field (Agricultural Culvert Size&Type: Only)/Exempt: Start Date: Finish Date: Materials to Construct Access: Required Attached Documents Submitted: Traffic Control Plan: Yes Certificate of Insurance: Access Pictures: Yes A copy of this permit must be on site at all times during construction hours Daily work hours are Monday through Friday DAYLIGHT to Y=HOUR BEFORE DARK(applies to weekends if approved) Approved MUTCD traffic control/warning devices are required before work begins and must remain until completion of work Special Requirements or Comments Utilize the existing access. loved by: A.4-64 Weld County Public Works Date: 1/31/2011 Print Date-Time: 1/31/2011 4:15:50PM Report ID: PW00008v001 Page 1 of 1 • NOISE IMPACT STATEMENT While the land uses in and around the Iverson Mine site (agriculture, sand and gravel extraction and processing operations, industrial operations, and oil and gas development) currently and historically are noise producing operations, Lafarge acknowledges the fact that the Iverson Mine will generate some additional noise in the area. Therefore, noise minimizing and buffering techniques will be used at the Iverson Mine site to provide project compatibility. Sound mitigating measures that will be used include: • Scrapers used for mine development will generally be run at a constant speed and will therefore not be an intrusive sound source. However, backup alarms required by the Mining Safety and Health Administration (MSHA) for this equipment can be. Therefore, Lafarge will have scrapers run in a circular pattern to minimize the need to reverse equipment and they will implement white-noise reverse alarms on equipment used frequently near property lines (provided approval for these alarms can be obtained from MSHA). • Mined material will be loaded on a conveyor system for transport to the processing area at Lafarge's 35th Avenue Mine Plant Site. The use of conveyors eliminates sound that would otherwise be generated by trucks hauling material. • There will be no crushing or screening operations on the Iverson Mine site. All aggregate processing activities will occur at Lafarge's existing 35th Avenue Mine site. In addition, shroud covers will be installed on the conveyors and sound deadening pads will be installed at material • drop points. • Existing, mature vegetation along the Cache la Poudre River corridor and surrounding the Iverson home at the southeast corner of the Iverson property, will aid in minimizing the noise impacts on surrounding properties. • Iverson Mine Weld County Special Review Application Page I of I • LEGAL RIGHT TO ENTER AND MINE Please see the Deed and Lease Agreement Section of this application for a copy of the deed and lease agreement needed to prove that Lafarge has the legal right to enter and mine the site. • • Iverson Mine Weld County Special Review Application Page I of I • FINAL DRAINAGE REPORT FOR IVERSON MINE WELD COUNTY, COLORADO Prepared for: Lafarge West, Inc. 11409 Business Park Circle, Suite 200 Longmont, CO 80504 • Prepared by: TETRA TECH 1900 South Sunset, Suite 1-F Longmont, Colorado 80501 Tetra Tech Job No. 133-23511-10002 February 2011 0 TETRA TECH TETRA TECH • February 1, 2011 Mr. Clay Kimmi Weld County- Public Works Department 1111 H Street Greeley, CO 80631 Re: Final Drainage Report for Iverson Mine Tetra Tech Job No. 133-23511.10002 Dear Mr. Kimmi: On behalf of Lafarge West, Inc., we are submitting this Final Drainage Report for Iverson Mine. The enclosed report provides information on the site's historic drainage patterns, and evaluates the site's mining and reclamation drainage patterns. If there are any questions or comments concerning this report,please feel free to contact us. • Sincerely, TETRA TECH ' L� G lieu, Karlie M. Mark, E.I.T., CFM Design - eer itson, P.E., CFM P o - t Engi+eer Enclosures • P:\2351I\133-23511-10002\Deliverables\Drainage Report\Drainage Report.doc TETRA TECH 0 ENGINEER'S CERTIFICATION I hereby certify that this Final Drainage Report for Iverson Mine was prepared under my direct supervision in accordance with the provisions of the Weld County Storm Design Criteria and the Urban Storm Drainage Criteria Manual, Volumes I, 2 and 3, and was d • ned to comply with the provisions thereof. �o�p• P�p A.lj...t, '� A. 4. /� J y 41891 • Leto• . i 31 S Licen e4 rofession%!t%. State of Colorado No. 41891 • • • TABLE OF CONTENTS Page 1.0 INTRODUCTION 1 2.0 INTENT 1 3.0 HISTORIC SITE TOPOGRAPHY AND DRAINAGE CHARACTERISTICS 1 4.0 ANALYSIS CRITERIA 2 5.0 EXISTING DRAINAGE CHARACTERISTICS 3 6.0 MINING DRAINAGE CHARACTERISTICS 3 7.0 RECLAIMED DRAINAGE CHARACTERISTICS 4 8.0 SAFETY HAZARDS 5 9.0 CONCLUSION 5 • List ofAppendices Appendix A Vicinity Map Appendix B Site Properties Appendix C Adjacent Ownership Map Appendix D Historic Drainage Analysis Appendix E Mining Drainage Analysis Appendix F Reclamation Drainage Analysis List of'Tables Table 9.1 —Storm Drainage Comparison List of Drawings Historic Drainage Plan Appendix D Mining Drainage Plan Appendix E Reclamation Drainage Plan Appendix F • - i - • 1.0 INTRODUCTION The proposed Iverson Mine site is located in the Section 34, Township 6 North,Range 66 West of the 6th Principal Meridian, Weld County, State of Colorado. The site is bounded to the north, west and east by the Cache la Poudre River and to the south by the Poudre Trail and rural residential/agricultural land. The site is located approximately 0.3 miles north of the City of Greeley and contains 83.06 acres, more or less. The property contains a significant commercial deposit of aggregate along the Cache la Poudre River. There are several existing gravel mine operations in the project vicinity. The Iverson Mine is under review by the Colorado Division of Reclamation, Mining and Safety(DRMS), (File Number M-2011-001). A vicinity map is presented in Appendix A. 2.0 INTENT The purpose of this report is to provide an evaluation of the exiting, mining and reclamation conditions for the Iverson Mine property. The contents of this report are prepared in accordance with Weld County Storm Design Criteria and the Urban Storm Drainage Criteria Manual, Volumes 1, 2 and 3. This report examines the existing topography, existing,mining and reclamation stormwater runoff through the site and describes the existing and proposed site features. It is intended to show that the site development will not increase runoff to adjacent property owners. 3.0 HISTORIC SITE TOPOGRAPHY AND DRAINAGE CHARACTERISTICS • Figure 1 is a vicinity map showing the site and surrounding area. The area of disturbance will encompass approximately 64.3 acres of the site, with 45.1 acres of the site to be mined. The remaining unmined acres will be used for overburden and topsoil stockpiles, an internal road and conveyor access. The irregularly shaped parcel is relatively flat and low lying in the greater floodplain of the Cache la Poudre River. There are no significant areas of concentrated flow. The site is owned by Tim and Jeanne Iverson and will be mined by Lafarge West under license. For the names of all property owners and those within 200 feet of the Iverson Mine Property boundary see the Adjacent Ownership Map presented in Appendix C. According to the United States Department of Agriculture Soil Conservation Service Web Soil Survey of Weld County, Colorado the site soils belong to Hydraulic Soil Groups B, C and D. Gravelly substratum, Ascalon loam, Dacono clay loam,Nunn loam, and Otero sandy loam are the soil types on the site. Please refer to the Soil Map provided in Appendix B for the soil type reference. Portions of the site are within a Zone A3 floodplain according to the Federal Emergency Management Agency(FEMA) Flood Insurance Rate Map (FIRM) Community-Panel No. 080266-0609-C, dated September 28, 1992. The Corps of Engineers completed a Flood Insurance Study in October 2003 for the Cache la Poudre River in the vicinity of the Iverson site. This study is currently under review by FEMA but has not yet become the effective study. For the purposes of this Flood Hazard Development Permit, the 100-year floodplain • and floodway boundaries of this pending study will be adopted as the best available - 1 - Final Drainage Report Iverson Mine February 2011 P.2351I,I33-23511-10002Deltverables Drainage Report Drainage Reporl.doc • information. For flood plain information refer to the Flood Hazard Development application dated February, 2011,prepared by Tetra Tech. 4.0 ANALYSIS CRITERIA Design Criteria and Constraints This report was prepared in compliance with the Urban Storm Drainage Criteria Manual (USDCM). The Criteria was followed in accordance with the Weld County Code and the Weld County Storm Drainage Criteria Addendum to the Urban Storm Drainage Criteria Manuals Volumes 1, 2 and 3. Based on these criteria, a 100-year storm was used as the major storm in the drainage analysis. The constraints related to mining and reclamation of the Iverson Mine site deal primarily with mining setbacks from property boundaries, wetlands, river banks, and existing gas/oil wells and appurtenances. During mining phases, temporary topsoil and overburden stockpiles will be constructed adjacent to the mined areas. These temporary stockpiles will be located outside of the floodway boundaries and oriented parallel to the direction of overbank flow. Upon completion of the reclamation phase of the project, all temporary stockpiles will be removed and final grading within the limits of the 100-year floodplain will be to an elevation at or below pre-mining grades. Hydrologic Criteria • Since all basins were less than 160 acres in area, the Rational Method was used in stormwater runoff calculations. Runoff coefficients(C), applied in the Rational Method, were weighted based on the historic and existing land use, and on the types of soils on the site. The site rainfall depth information was obtained using the information provided in the City of Greeley Storm Drainage Design Criteria and Construction Specification Document. The 5-year and 100-year 1-hour storms have magnitudes of 1.49 inches and 2.78 inches, respectively. The percent imperviousness was determined for the anticipated land use from Table RO-3 of the Urban Drainage and Flood Control District Drainage Criteria Manual(UDFCDM). The runoff coefficients were then taken from Table RO-5 of the UDFCDM based on the soil map average. Historic runoff coefficients are C5 =0.128, and CI Go=0.442 for basin H-1 and C5 = 0.112, and Clop= 0.409 for basin H-2. Historic flow calculations are presented in Appendix D. Please refer to Historic Drainage Plan presented in Appendix D. Hydraulic Criteria During the mining phases of this project, direct precipitation on the mined areas and runoff from minor on-site basins will be captured in the mining areas. A dewatering trench and dewatering pump will be utilized to remove this captured runoff from the mining areas. If necessary, discharge permits will be obtained for each of these dewatering discharge points to allow discharge to the natural drainage ways. The runoff from the site is significantly reduced after reclamation is completed as compared • with the existing conditions. The reclaimed pond will capture and attenuate surface runoff that historically flowed across the parcels. Existing natural drainage ways will remain - 2 - Final Drainage Report Iverson Mine February 2011 P:2351 r':133-23511-I0002\Delivembles\:Drainage Report`:Drainage Report.doc • undisturbed. For reclamation, there are no proposed hydraulic components such as conveyance channels, rundown channels, culverts, grade control structures, or detention outlets. The pond will be constructed with an emergency spillway to maintain the normal pool elevation. 5.0 EXISTING DRAINAGE CHARACTERISTICS The existing drainage conditions at the Iverson Mine site are presented in the Historic Drainage Plan presented in Appendix D. The site was delineated into two basins, H-I and H- 2 and was analyzed with two design points, DP1 and DP2. DP1 is meant to represent a majority of the site at one point along the Cache la Poudre River. In reality, existing conditions do not collect at one point on the river. Site topography drains continuously along the south bank of the river. The peak runoff results for the 100-year storm events are discussed below. The following is a more detailed description of each existing drainage basin. Calculations are presented in Appendix D. Design Point 1 Basin H-1 contains approximately 81.38 acres of undeveloped, agricultural land and therefore has an imperviousness of 2 percent. Basin H-1 has an average slope of 0.6 percent and storm water drains from southwest to northeast as overland flow and returns to the Cache la Poudre River as such. Based on the runoff equation in the USDCM, the runoff coefficient was calculated to be 0.442 for the 100-year storm. A time of concentration of 111 minutes would result in a 100-year rainfall intensity of 1.83 inches per hour. Applying the rational • method produced a peak runoff of 65.79 cfs. Design Point 2 Basin H-2 contains approximately 23.43 acres of undeveloped, agricultural land and therefore has an imperviousness of 2 percent. Basin H-2 has an average slope of 0.9 percent. Storm water drains from the southwest to northeast and sheetflows off the property to the east to wetlands adjacent to the Cache la Poudre River. Based on the runoff equation in the USDCM,the runoff coefficient was calculated to be 0.409 for the 100-year storm. A time of concentration of 83 minutes would result in a 100-year rainfall intensity of 2.24 inches per hour. Applying the rational method produced a peak runoff of 21.50 cfs. 6.0 MINING DRAINAGE CHARACTERISTICS Mining for the Iverson Mine site will occur in one phase. Mining operations either will not change or will significantly reduce the drainage area and historical runoff leaving the site from each historical basin. The mining phase will incorporate the use of temporary topsoil and overburden stockpiles around the perimeter of the mining area. A conveyor will be used to move mined materials to the processing plant. Lafarge anticipates mining and reclaiming the site in approximately 4-5 years; however, the rate of mining and overall life of the mine is dependent upon demand and market conditions. Design Point 1 Basin M-1 has an area of 29.15 acres of undeveloped, agricultural land and therefore has an imperviousness of 2 percent and will drain to design point DPI.No mining activities are • proposed for this basin and therefore the imperviousness will remain 2 percent. Based on the - 3 - Final Drainage Report Iverson Mine February 2011 P:'23511`,133-23511-10002 Deliverables Drainage ReportDrainage Report.doc • runoff equation in the USDCM, the runoff coefficient was calculated to be 0.454 for the 100- year storm. A time of concentration of 44 minutes would result in a 100-year rainfall intensity of 3.45 inches per hour. Applying the rational method produced a peak runoff of 45.70 cfs. Basin M-1 will drain as it did historically and travel by overland flow until it reaches the Cache la Poudre River. During mining conditions, runoff to design point 1 will be reduced from historical conditions from 65.79 cfs to 45.70 cfs. The drainage area contributing to flow leaving the site reduces from the historical condition of 81.38 acres to a mining condition of 29.15 acres. Design Point 2 Basin M-2 has an area of 8.44 acres and will drain to design point DP2. No mining activities are proposed for this basin and therefore the imperviousness will remain 2 percent. The runoff coefficient was calculated to be 0.473 for the 100-year storm. A time of concentration of 81 minutes would result in a 100-year rainfall intensity of 2.29 inches per hour. Applying the rational method produced a peak runoff of 9.13 cfs. Basin M-2 will sheetflow across the property and off the site to the east. During mining conditions,runoff to design point 2 will be reduced from historical conditions from 21.50 cfs to 9.13 cfs. The drainage area contributing to flow leaving the site reduces from the historical condition of 23.43 acres to a mining condition of 8.44 acres. Basin M-3 has an area of 67.22 acres and is completely captured within the gravel mine. Water collected in the mine will be collected into a drainage swale system and conveyed to the Cache la Poudre River at one of two discharge points. Please refer to the Mining • Drainage Plan and calculations presented in Appendix E. 7.0 RECLAIMED DRAINAGE CHARACTERISTICS Site reclamation either will not change or will significantly reduce the drainage area and historical runoff leaving the site from each historical basin. Upon completion of the gravel mining, the site will be reclaimed as an open water pond and upland areas as shown in the Reclamation Drainage Plan presented in Appendix F. Design Point 1 The reclaimed site will have three drainage basins. Basin R-I contains approximately 31.31 acres and will follow historic drainage patterns and sheetflow off the property and into the Cache la Poudre River. Basin R-1 contains undeveloped, agricultural land and therefore has an imperviousness of 2 percent. Based on the runoff equation in the USDCM,the runoff coefficient was calculated to be 0.456 for the 100-year storm. A time of concentration of 44 minutes would result in a 100-year rainfall intensity of 3.46 inches per hour. Applying the rational method produced a peak runoff of 49.40 cfs. Basin R-1 returns to the Cache la Poudre River as overland flow at DP1. Reclaimed conditions will reduce the runoff to design point 1 from historical conditions from 65.79 cfs to 49.40 cfs. The drainage area contributing to flow leaving the site reduces from the historical condition of 81.38 acres to a reclaimed condition of 31.31 acres. • - 4 - Final Drainage Report Iverson Mine February 2011 P:\23511'`.133-23511-I 0002`.Deliverables`Drainage Report\Drainage Reporl.doc • Design Point 2 Basin R-2 contains approximately 23.42 acres and will follow historic drainage patterns and sheetflow off the property to the east and into wetlands adjacent to the Cache la Poudre River. Basin R-2 contains undeveloped, agricultural land and therefore has an imperviousness of 2 percent. The runoff coefficient was calculated to be 0.409 for the 100- year storm. A time of concentration of 83 minutes would results in a 100-year rainfall intensity of 2.24 inches per hour. Applying the rational method produced a peak runoff of 21.49 cfs. Reclaimed conditions for this basin will return to historic conditions and will not increase the runoff, or area, flowing to design point 2. Basin R-3 is 50.08 acres and will consist entirely of the reclamation pond. The proposed pond has a surface area of 36.8 acres and an available storage volume for storm water capture of 115 acre-feet above the normal pool. The unlined pond is assumed to have a minimum of approximately 3 feet of freeboard above natural high water level before overtopping could occur. The surface hydrology associated with the reclaimed condition will not adversely impact the adjacent properties. Final grading will result in contours that either match or are below pre- mining contours. Surface runoff from the majority of the site will flow directly into the unlined pond and upland areas. 8.0 SAFETY HAZARDS • The drainage structures proposed for this project have minimal associated safety hazards. Safety concerns for the mining operation have been addressed in the permit applications to the State. 9.0 CONCLUSION This report was prepared in compliance with the Weld County Code and the Weld County Storm Drainage Criteria Addendum to the Urban Storm Drainage Criteria Manuals Volumes 1, 2 and 3. The proposed Iverson Mine development will reduce the runoff from the site due to the capture of runoff within the mining area. Upon completion of the mining project, the screening/overburden stockpile berms will be removed and used for reclamation of the unlined open water pond and upland areas. For existing conditions,the sum of all drainage basin areas is 104.81 acres. Direct precipitation on the reclaimed unlined pond and the sum of the basin area that would be captured by the unlined pond is 50.08 acres. The reclaimed site will reduce the contributing drainage area to approximately 48 percent of the historic area without increasing the imperviousness of the contributing drainage area. • - 5 - Final Drainage Report Iverson Mine February 2011 P:\23511\133-2351 1-10002\Deliverables\Drainage Report'Drainage Reporl.doc • Table 9.1 —Storm Drainage Comparison Existing Conditions Mining Conditions Reclaimed Conditions Design Point Qin(cfs) Q100(cfs) Q100(cfs) 1 65.79 45.70 49.40 2 21.50 9.13 21.49 Total 87.29 54.83 70.89 A copy of the Historic Drainage Plan, Mining Drainage Plan, and Reclamation Drainage Plan, and the drainage calculations follows for your review. • • - 6 - Final Drainage Report Iverson Mine February 2011 P 23511'133-23511-10002\Deliverables\Drainage Report Dainage Repon.doc • APPENDIX A VICINITY MAP • 0 I • k _`I 9 10 11 12 g g' • oy co� CEO W COUNTY RD 70 �..,......_.�....,..F _ «_<_. .� �.___ .�...�.,....ce r: � v e; _t_ 17 16 {� 15 14 18 . 7 16 1 Z �__...��,-� `STATE HWV �\ __.._. `, \l' ._.. t__._ ATE 73 x Y' / 11 �� 0 ' R _ t\ \ Imo- \ATE H �/ \ _.__..... ICI m I 20 21 �' -� 23 24 19 20 i 210 rki 28 s "v,. MINE SITE s z 29 �,. ! �-` g9.- 2 : 15 .2 E .1 .� a O tT \ f o -_ �.1 ,� COUNTYfb T n < < .• E IA POUORE RIVER - k.t 17ur � � '�_"�.-•'•"' o 32 „ 33 34 35 /� 3,Ci1E33 vtll �► sr "y Sj —� -W �'g iii \� � D T lj '� w 1 ' v , A CITY •F •G'EELEY_ tea . . v _ Gr ill 77, Si 21\ \ 2 .;\\\c. * \i 2 'L. 2_L\ \ t ST fe i •�\X11 i z 0 3000' 6000' t ❑- / 4a m arm ST to .. I SCALE: 1"=6000' ' �� . 1 g Project No.: 133-23511-10002 © TETRA TECH Date: 02-01-11 ill IVERSON MINE SITE Designed By: MM www.tetratech.com VICINITY MAP FIGURE o o 1900 S.Sunset Street,Ste.1-F m Longmont,Colwado80501 LAFARGE WEST, INC. ` PHONE:(303)772-5282 FAX.(303)772-7039 al Copyright: Tetra Tech S APPENDIX B SITE PROPERTIES ._T '.I e - . -. - n*'..a+{Y,r.tallen-r.- —►ice Y aimmillIEMS. A"••.. ' — - Y `i` jJ�`A' 1Y� 0 --.• xi• wor 'V{ i a.\ _ e. .lei_ ii`-segillilliCilla ..e •E IP7 4. j . ic li ..... c.; 0.4- iiiwt — .t.ip • ` �'~ •Z aq'sal%4, / Si 1 ,�/ 1 j 4 \ 't gal / .I. J L/` E / • t alas i ; s yam~ `I i • tmy oireilb \ liIt / - -. • � . . __ / . . ry__________y2 . . kii .s„ _ / „ • . ...____ , , , , i .c.,,.. v ..., ,, ,, . ,, . T..._ . kip. r, „-- ,i. , , 4 se Q cc t gat ' - 5 ��4 -fir/� 1 1 — f �i Jii ...,....,---- j I rt./ .- - - /;' t_ ( . ''L ' `; > / l - '\/ Q 4� /-------' , . f>r_ / -J aq` .—.A�f ` ��' �' ' n• 1 < 4` Cn U N O O O „.. m 0 250' 50C Maminurnium M V"- ..-- , SCALE: 1 "-5001 CO N L 0: lb LAFARGE WEST, INC. Project No.: 133-23511-10002 TETRA TECH IVERSON MINE Date: 10 20 10 rn roe Designed By: -- t www.tetratech.com FIGURE >,. N 1900 S. SUNSET STREET, STE 1-F SOIL MAP a LONGMONT, COLORADO 80501 PHONE: (303) 772-5282 FAX: (303) 772-7039 / Bar Measures 1 inch • r w r o a oLO N 00 `° O $ 0 E co o Ti (U N Lc>1 cy N c'Jo o O (o 'C co 3 �c a) o m -0 co 0o N o c _c o m (o (•~ Ec a) E a C f a) 0 - 0 O Z c r 0 o rn *5Jo o 0 XE co "c c� u) corn L s �: Q) O a) 0 O 7 4 co 3 a co c Q Z N a _ L 5 N O E U .0 Z Q O N .� 3 co tJ) Q L V) Q) fZ�7 (o O Q) T. C " N Ce Q ts 2 a) .o ,_ D U T. O Q -0 O c o 2 a) a) a) o a �; > O L .. _ (U a) vOi O m a, N E o o c n. 0 'a E -0 O (Q C a X L 2 ,, TD 02 I Nm o a) (3 L Cl. a E N To H 92 m o 3 I.a -c E Q N o O (U co(B J _� > n L C .C O O a) Z X •• a) — cl) O N O O U) Y >, c co m O m ate) c CO E >. `•• a) C .N.. a s >. (n co I- Q p p (U O hi rO C (U (n .. -0 Q co (U O p a L >' N coo g C N a) g a coC N Y (/) E O p MI C CO CO) — O 'p c O <A Q L a o or a) u) .- a a� >' . -t — cll— ca co cn (U > a7o a) a) EcoE co a) m a) t O E w C a a) � � c o � - a � a) Lo. 2 d E co U .. co co 0 c) ._ O 5 O cn 6 ( 12 � : _`o a ( O r O . -' IC as • C.9 0 0 U 0) a O co 0 O 0 m c (a Z m _N 6 O L co 3 W 0 c C o 2 N D O c Z in 'O t V _C a co N W p p 0 co W Q O �p G E - O ` N co co (d (0 a m Q U) rn Q a m m 0 6 o z 2 U m O (o ow c D M J Q — c a) .. U i+ t9 a1 5 o = i { ❑ ❑ ❑ ❑ ❑ `o i. (0 4 (a ti o F. fl a) c m ea Q U) a I.t. 1 N• i U C L m (h 1 a) ft I V 4S r.r I (4 1 Zt I 44'I L- • Hydrologic Soil Group—Weld County,Colorado,Southern Part • Hydrologic Soil Group Hydrologic Soil Group—Summary by Map Unit—Weld County,Colorado,Southern Part Map unit symbol I Map unit name I Rating I Acres in AOI Percent of AOI 3 Aquolls and Aquents,gravelly D 209.2 59.8% substratum 8 Ascalon loam,0 to 1 percent slopes B 23.6 6.7% 10 Bankard sandy loam,0 to 3 percent A 8.9 2.6% slopes 13 Cascajo gravelly sandy loam,5 to 20 A 23.7 6.8% percent slopes 21 Dacono clay loam,0 to 1 percent B 8.0 2.3% slopes 39 Nunn loam,0 to 1 percent slopes C 26.4 7.5% 51 Otero sandy loam,1 to 3 percent B 23.6 6.7% slopes 85 Water 26.3 7.5% Totals for Area of Interest 349.7 100.0% •USDA• Natural Resources Web Soil Survey 1/20/2011 Conservation Service National Cooperative Soil Survey Page 3 of 5 DRAINAGE CRITERIA MANUAL(V. 1) RUNOFF • 2.4 Time of Concentration One of the basic assumptions underlying the Rational Method is that runoff is a function of the average rainfall rate during the time required for water to flow from the most remote part of the drainage area under consideration to the design point. However, in practice,the time of concentration can be an empirical value that results in reasonable and acceptable peak flow calculations. The time of concentration relationships recommended in this Manual are based in part on the rainfall-runoff data collected in the Denver metropolitan area and are designed to work with the runoff coefficients also recommended in this Manual. As a result,these recommendations need to be used with a great deal of caution whenever working in areas that may differ significantly from the climate or topography found in the Denver region. For urban areas, the time of concentration, k, consists of an initial time or overland flow time, t;, plus the travel time, t,, in the storm sewer, paved gutter, roadside drainage ditch, or drainage channel. For non- urban areas,the time of concentration consists of an overland flow time, t;, plus the time of travel in a defined form, such as a swale, channel, or drainageway. The travel portion, t„ of the time of concentration can be estimated from the hydraulic properties of the storm sewer, gutter, swale, ditch, or drainageway. Initial time, on the other hand,will vary with surface slope, depression storage, surface • cover, antecedent rainfall, and infiltration capacity of the soil, as well as distance of surface flow. The time of concentration is represented by Equation RO-2 for both urban and non-urban areas: t, =t; +t, (RO-2) in which: =time of concentration (minutes) r;= initial or overland flow time(minutes) r,=travel time in the ditch, channel, gutter, storm sewer, etc. (minutes) 2.4.1 Initial Flow Time The initial or overland flow time, r;, may be calculated using equation RO-3: 0.3951.1-Cs RO-3 6.033. ( ) in which: t;= initial or overland flow time(minutes) C5= runoff coefficient for 5-year frequency(from Table RO-5) • 2007-01 RO-5 Urban Drainage and Flood Control District RUNOFF DRAINAGE CRITERIA MANUAL(V. 1) • L= length of overland flow(500 ft maximum for non-urban land uses, 300 ft maximum for urban land uses) S= average basin slope(ft/ft) Equation RO-3 is adequate for distances up to 500 feet. Note that, in some urban watersheds, the overland flow time may be very small because flows quickly channelize. 2.4.2 Overland Travel Time For catchments with overland and channelized flow, the time of concentration needs to be considered in combination with the overland travel time, t,,which is calculated using the hydraulic properties of the swale, ditch, or channel. For preliminary work,the overland travel time, t„ can be estimated with the help of Figure RO-1 or the following equation (Guo 1999): V = S .s (RO-4) in which: V=velocity(ft/sec) C.=conveyance coefficient(from Table RO-2) Sw=watercourse slope(ft/ft) • Table RO-2—Conveyance Coefficient,C. Type of Land Surface Conveyance Coefficient, C, Heavy meadow 2.5 Tillage/field 5 Short pasture and lawns 7 Nearly bare ground 10 Grassed waterway 15 Paved areas and shallow paved swales 20 The time of concentration, tc, is then the sum of the initial flow time, t,, and the travel time, t„ as per Equation RO-2. 2.4.3 First Design Point Time of Concentration in Urban Catchments Using this procedure,the time of concentration at the first design point(i.e., initial flow time, r;) in an urbanized catchment should not exceed the time of concentration calculated using Equation RO-5. t,. = 8 + 10 (RO-5) 10 in which: • r,= maximum time of concentration at the first design point in an urban watershed (minutes) RO-6 2007-01 Urban Drainage and Flood Control District DRAINAGE CRITERIA MANUAL(V. 1) RUNOFF • Table RO-3—Recommended Percentage Imperviousness Values Land Use or Percentage Surface Characteristics Imperviousness Business: Commercial areas 95 Neighborhood areas 85 Residential: Single-family * Multi-unit(detached) 60 Multi-unit(attached) 75 Half-acre lot or larger Apartments 80 Industrial: Light areas 80 Heavy areas 90 Parks, cemeteries 5 Playgrounds 10 Schools 50 • Railroad yard areas 15 Undeveloped Areas: Historic flow analysis 2 Greenbelts, agricultural 2 Off-site flow analysis 45 (when land use not defined) Streets: Paved 100 Gravel (packed) 40 Drive and walks 90 Roofs 90 Lawns, sandy soil 0 Lawns, clayey soil 0 * See Figures RO-3 through RO-5 for percentage imperviousness. CA =K, + 0.31P -1.44i2 +1.135i- 0.12)for CA ≥0, otherwise CA=0 (RO-6) CCD =KCD + (0.858i -0.786i2 + 03741+ 0.04) (RO-7) CB = (C A + Cm)/2 • 2007-01 RO-9 Urban Drainage and Flood Control District TABLE 3¢ ONE HOUR POINT RAINFALL( N H te ES) - -1a 2.year 5-year10-year n 50-year .-4 #year 1.04 1.49 1.76 2.51 2.78 The IDF curves were developed by distributing the one-hour point rainfall values using the factors obtained from the NOAA Atlas as presented below. a r .. ................................... Eck 4 } r4 *" s4s j e ; .m`i'tt ,s-` TABLE 3.4(1)-FACTORS FOR DUF#ATIONS OFx 4 T IAN ONE HOURI t Duration (minutes) 5 10 15 30 Ratio to 1-hour Depth 0.29 0.45 0.57 0.79 The point values were then converted to intensities and plotted on Figure 3-1. 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PUBLIC WORKS DEPARTMENT FIGURE 3-1 SCALE:NTS Great.F�the°Emma* SiORMWATER MANAGEMENT DIVISION REVISED AUG 1996 MOM IODI M AVEMIE G EEEY.COLORADO DOOM • APPENDIX C ADJACENT OWNERSHIP MAP t". r • 1 VERA BONNIE J.BEEBE, I A.SMOTHERMAN TRUST I AND JEANNE B.CREECH TRUST ROBERT HENRY BROWN AND w BETTY DEE DAVEE IH .. RAY B.AND r- .„_ -„" CAROLE DALE ^-- -, --..,TENNY ON -- 4 ...,.",--ti„ _ & G-.. ti E ti-_. _ _ ♦ �� r....-.BEAT wt. _. — - .-... .. - ♦ - — \ _to�� - ESTER .-,„ LAFARGE // i ,_ _ ` ♦� `--"'.�-- Ay.FOFIwm..-• I WEST, INC a.W I / \ \ s\ �O CC��' , 1• RAY B.AND ��` \ / / CAROLE DALE \ TENNYSON / 1 ROBERT HENRY BROWN AND \ \ � BETTY DEE DAVEE • \ / is \ is Le 1 USR BOUNDARY r `� • CITY OF w — \. __- - — GREELEY 3 1 I \ / m t BONNIE J.BEEBE, — I a- I VERA A.SMOTHERMAN TRUST I I j s AND JEANNE B.CREECH TRUST I MINING LIMITS I in i Ice \, / o 1 I I / WELD W 1 / COUNTY o i 1 • _ / __ g1 ___________,,---- Com k • j it a II W 3 ♦�:��- Le 1 /. LOWELL THREE LLC AND __ - _- - - - - /y' LOWELL FOUR _�...,. I. Le Le l 7 n /� L u I e�' LOWELL FOUR i. .., o ILOWELL THREE ,' JOSEPH D.AND KORTNEY L.NELSON ;,, 1 MARY C.STEVENS I U LC t" • /' DOUGLAS K.KREYKES AND I s _ _ , J JEANNIE L LEONARD ` I 5 W._._._ I N �o 250' I� �� JEREMIAH J AND - ��IIN L SCALE t 500' ! JENNIFER C MONGAN . I I 5 - LAFARGE WEST,INC. Project No.: 133-23511-10002 0 oIVERSON MINE E c © TETRA TECH Date: 1-31-11 F- • Designed By: JAB c www.tetratech.com IVERSON MINE FIGURE 1900 S.SUNSET STREET,STE VF ADJACENT OWNERSHIP MAP 3 ry LONGMONT,COLORADO 80501 N PHONE.(303)772-5282 FAX (303)772-7039 ./ Ise Bar Measures I inch APPENDIX D HISTORIC RUNOFF CALCULATIONS • FINAL DRAINAGE REPORT IVERSON MINE WELD COUNTY, COLORADO HISTORIC DRAINAGE ANALYSIS Historic stormwater runoff was evaluated using two drainage basins for the site. The 5-year storm event was used for minor runoff calculations and the 100-year storm event was used for major runoff calculations. The drainage basins were less than 160 acres; therefore, the Rational Method was used for stormwater runoff calculations. Historic flows were calculated for 2, 5, 10 and 100-year storms. Please refer to the Historic Drainage Plan located in the back pocket of this report for basin delineation. Design Storms: Minor Storm: 5-year event Major Storm: 100-year event Runoff Quantities: The historic basin was less than 160 acres; therefore, design storm runoff rates were calculated using the Rational Method. Runoff Coefficients: The percent imperviousness was determined for the anticipated land • use from Table RO-3 of the Urban Drainage and Flood Control District Drainage Criteria Manual. The runoff coefficients were then taken from the Urban Storm Drainage Criteria Manual. Soil Conditions: Gravelly substratum, Ascalon loam, Dacono clay loam,Nunn loam, and Otero sandy loam are the soil types on the site. The site soils belong to Hydraulic Soil Groups B, C and D. Overland Flow Length: Flow length, L, was considered to be the furthest distance from the know discharge point to the upstream end of the basin. Time of Concentration: The time of concentration for the historic basin was calculated using equation RO-2. A maximum distance of 500 feet was used for the initial or overland flow time. Calculations and Urban Storm Drainage References are included in this section of the report. Rainfall Intensities: Rainfall intensity values were calculated using equation 28.5*P1 1= u 86 taken from the Urban Storm Drainage Criteria (10+Tc) Manual. • Historic flows are included in this section of Appendix D. III Si�3 O- a Lug 4.451. imr z arena v 0 N —.. O CV C v ` >4 000, o rl Cv+ 0 — a F E = c .";: co F E to o ._ c v M F' E v e v' o .1-1T, ,,, N d GJ C O V V L N o.O r- C .E ° 66 4 Q co N • YH _ O V o U C O ` 4° VI O W N O_ C s >t.' O cleN — t v N n > ai Vi Q O C C Y o to O s o e o o ; a. co O O C O o 0 o K E — ,-4 ,-; C a o. E 3 m 0 V o o a c 5 C F a w c Qa ea F a } o m` H M - F o 0 0 9 ✓a k _ N o CO 7 ti O i ¢ OJ N �O O O 0 Q C O U = O m N o - ae N en • S• m n n r' a H Fen U tn l m C 4 — N l y ' Qs D 0. • Drainage Report contains oversized Historic Drainage Plan Map • Please See Original File • • APPENDIX E MINING RUNOFF CALCULATIONS • FINAL DRAINAGE REPORT IVERSON MINE WELD COUNTY, COLORADO MINING DRAINAGE ANALYSIS The overall stormwater runoff for the mining development was evaluated using three drainage basins. Developed runoff rates for the 2-year, 5-year, 10-year and 100-year storm events were calculated using the Rational Method. Calculated flows were used in the onsite drainage facility evaluation. Please refer to the Mining Drainage Plan located in the back pocket of this report for basin delineation. Design Storms: Minor Storm: 5 - year events Major Storm: 100 - year event Runoff Quantities: Developed basins were less than 160 acres; therefore, design storm runoff rates were calculated using the Rational Method. Runoff Coefficients: Percent imperviousness was determined for the anticipated land use from Table RO-3 of the Urban Drainage and Flood Control District • Drainage Criteria Manual. The runoff coefficients were then taken from the Urban Storm Drainage Criteria Manual. Soil Conditions: Gravelly substratum, Ascalon loam, Dacono clay loam, Nunn loam, and Otero sandy loam are the soil types on the site. The site soils belong to Hydraulic Soil Groups B, C and D. Overland Flow Length: Flow length, L, was considered to be the furthest distance from the know discharge point to the upstream end of the basin. Time of Concentration: The time of concentration for the historic basin was calculated using equation RO-2. A maximum distance of 500 feet was used for the initial or overland flow time. Calculations and Urban Storm Drainage References are included in this section of the report. Rainfall ntensities: Rainfall intensity values were calculated using equation I= 28.5* o]sa taken from the Urban Storm Drainage Criteria (10+Tc) Manual. Calculations of the mining runoff rates are included in this section of Appendix E. • .g,. • F. ;-. ....., .. od o e w c t e >0 v, o. o o n (-10 ... c, nl N N C ›` oo N O C N - C F .Ea m rn m — r F E o _ ,6 .4. ,c, ,o coo rn e F •E M m 0 •0 .] C T � N .c m cm a> c o e e c F `na 0- • G 0 0 0 C 40 ,-4 y�y re — e ate e = U o e . O co y Qi y eY =in p< o• E c e iZ v. C4 ', 666 g g o. Ue n --. 0, 0 m z 0 .1-2000 5 _2 0. 7 000 .] C 0 0 o 0 0 8 x C — N N -'2 a 0 E m +71 ❑ 0 U o n <y 0 c0 0 0 ti a KT. G y d N G o. m o o a �' eo a r _o atH arva Fo 0o ad ❑ o e IA y _ m [ Lco 0 `o ≥ C v P y r U y e r- N O U Q N O N O O 00 0 N C 0 C.) a me ❑ - Nr, auyau • m 5. N p, T d p N z � � � � • CQ e = 00 C 5 - N q o. 7 a • Drainage Report contains oversized Mining Drainage Plan Map • Please See Original File • • APPENDIX F RECLAMATION RUNOFF CALCULATIONS • FINAL DRAINAGE REPORT IVERSON MINE WELD COUNTY, COLORADO RECLAMATION DRAINAGE ANALYSIS The overall stormwater runoff for the reclaimed site was evaluated using three drainage basins. Reclaimed runoff rates for the 2-year, 5-year, 10-year and 100-year storm events were calculated using the Rational Method. Calculated flows were used in the onsite drainage facility evaluation. Please refer to the Reclamation Drainage Plan located in the back pocket of this report for basin delineation. Design Storms: Minor Storm: 5 - year events Major Storm: 100 - year event Runoff Quantities: Developed basins were less than 160 acres; therefore, design storm runoff rates were calculated using the Rational Method. Runoff Coefficients: Percent imperviousness was determined for the anticipated land use from Table RO-3 of the Urban Drainage and Flood Control District • Drainage Criteria Manual. The runoff coefficients were then taken from the Urban Storm Drainage Criteria Manual. Soil Conditions: Gravelly substratum, Ascalon loam, Dacono clay loam,Nunn loam, and Otero sandy loam are the soil types on the site. The site soils belong to Hydraulic Soil Groups B, C and D. Overland Flow Length: Flow length, L, was considered to be the furthest distance from the know discharge point to the upstream end of the basin. Time of Concentration: The time of concentration for the historic basin was calculated using equation RO-2. A maximum distance of 500 feet was used for the initial or overland flow time. Calculations and Urban Storm Drainage References are included in this section of the report. Rainfall Intensities: Rainfall intensity values were calculated using equation I 28.5* o]se taken from the Urban Storm Drainage Criteria (10+Tc) Manual. Calculations of the reclaimed runoff rates are included in this section of Appendix F. • „,„,...„. • ....... ,... _ _ ! 7° \»\ f \ ! S* = - / \ § §2 , , , tv ce fal k• : ° ° § \CI cp , 2 ; =O it \ r }® \ \ \ ] { ® : ... \ B a o $ o- 0 }\ / j { \ } \ 23 r'-e) It tu ) � 5 ° ` _ _ \ y , , , _ _ a. ! ! CC % -0 6- 2 0 7 = „ ® ` ew eari rn rn rn \ : _ _ , 2 & ! z j 6 Drainage Report contains oversized Reclamation Drainage Plan Map • Please See Original File • • TRAFFIC IMPACT LETTER See attached traffic impact letter prepared by Gene Coppola. • • Iverson Mine Weld County Special Review Application Page 1 of I Tel: 303-792-2450 P.O. Box 630027 EUGENE G. COPPOLA P.E., PTOE • Fax: 303-792-5990 Littleton,CO 80163-0027 January 21, 2011 Anne Best Johnson Lafarge North America 11409 Business Park Circle, Suite 200 Longmont, CO 80504 RE: Traffic Overview for Iverson Mine West "F" Street Weld County, CO Dear Anne: I have assessed the traffic impacts of the proposed Iverson Mine in Weld County, Colorado. The site is located north of West "F" Street between 35th and 59th Avenues. • Findings are summarized in the following sections of this letter. The Iverson site is some 83.06 acres and is located near Lafarge's existing 35th Avenue plant site. Aggregate will be mined on the Iverson site and transported by conveyor to the 35th Avenue plant for processing. The aggregate from the Iverson site will replace the aggregate mined from other areas within the 35th Avenue facility. It will be processed and transported off-site using the existing 35th Avenue access. Since the aggregate will replace aggregate from other areas, traffic activity at the 35th Avenue facility access will remain consistent with historic activity at that access. The estimated life of the Iverson Mine is about five years subject to market conditions. Direct access to the Iverson Mine will be provided by the existing "F" Street driveway. This driveway is located about 6,780 feet west of 35th Avenue on the west side of the dog park. The driveway has one lane in each direction and will be under stop-sign control at "F" Street. Sight distance at the driveway intersection exceeds 500 feet which is acceptable for the existing 35 MPH speed limit. The available sight distance • should be confirmed during the summer months when vegetation is in bloom. After • start-up, only employee traffic will use this driveway. Consequently, no routine truck traffic is expected to use the "F" Street driveway. The site will operate year-round, 12 hours per day (6:00 AM to 6:00 PM) with one shift and an average of four employees. During peak times, 9 - 10 employees may work on-site. Extended operating hours (5:00 AM to 10:00 PM) may be requested to allow greater flexibility. With extended operating hours, two shifts are planned. At peak times with one shift and equal east-west traffic distribution on "F" Street, 5 eastbound right turns and 5 westbound left turns into the site are expected at the beginning of work with the reverse traffic movements expected at quitting time. All vehicles will enter the site from 5:30 - 6:00 AM with all vehicles leaving the site between 6:00 PM and 6:30 PM. With extended operating hours, driveway traffic will peak if one shift ends at the same time the next shift starts resulting in 5 vehicles turning left and right into - and out of the site during the same hour. Under either operating scenario, the number of vehicles • turning into and out of the "F" Street driveway will not warrant turn lanes. Given the small amount of site traffic, very acceptable driveway levels of service are anticipated. In summary, site traffic associated with the Iverson Mine is considered insignificant. This traffic can be easily served by the existing roadway geometry. Additionally, very acceptable driveway operations are expected under peak site traffic conditions. Based on the findings of this assessment, Iverson Mine is viable from a traffic engineering perspective. I trust this overview will meet your current needs. Please give me a call if you have any questions or need further assistance. Aatotimmoik Sincerely, �\�'$1GE cr. E••REq c°AN.:reit • ;D 15945 ;tit; E ene G. Coppola, P.E., PTOE N:F c).O • 9 • BO NA: . ''rg, • WASTE HANDLING PLAN There will be no waste generated from the Iverson Mine site other than typical waste generated by employees such as bottles,paper wrappers, etc. A dumpster will be located at the site and will be serviced by: Waste Management of Northern Colorado 40950 Weld County Rd 25 Ault, CO 80610 866-482-6319 No permanent disposal of wastes shall be permitted at this site. All liquid and solid wastes will be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. All potentially hazardous chemicals will be stored and handled in a safe manner in accordance with product labeling, and in a manner that minimizes the release of hazardous air pollutants and volatile organic compounds. • • Iverson Mine Weld County Special Review Application Page I of l • DUST ABATEMENT PLAN Lafarge will employ industry best practices at the Iverson Mine in order to minimize offsite fugitive dust impacts. Even though the local area around the Iverson Mine site typically experiences seasonally elevated particulate impacts as a result of existing fugitive dust sources (i.e., agricultural activities, dirt road use and oil and gas development), Lafarge acknowledges the potential exists for an increase in particulate concentrations in the area due to the proposed Iverson Mine operation. Therefore, to increase project compatibility, several mitigating measures will be used to reduce the impacts of the proposed operations to levels at or below those currently experienced due to existing sources. The following measures are planned to be used at the Iverson Mine site: • To control fugitive dust from exposed areas, inactive, exposed areas will be vegetated or stabilized so that they will not be a significant source of fugitive dust. • Fugitive dust from removal activities and the movement of removed material will be inherently controlled by the high moisture content of the material. • A conveyor system will be used to transport material from the mining site to the material processing and storage area at the 35th Avenue Mine site. Use of a conveyor system results in a significant reduction in emissions over transporting the material by trucks. Fugitive dust associated with loading the conveyor will be controlled by the high moisture content of the material. • Unpaved roads and disturbed areas associated with the mining operation will be watered as • often as necessary to minimize fugitive dust from the road surface. • Dust-forming debris will be promptly removed from paved roads and on-site unpaved roads will be scraped and compacted to stabilize the road surface as often as necessary to minimize fugitive dust from the road surface. • Concurrent reclamation practices will be used. As mining is completed in an area of the mining cell, reclamation will be initiated and a new portion of the mining cell will be opened. • The mine walls and existing mature vegetation in the Cache la Poudre River corridor as well as on the Iverson property around the existing home will serve as wind breaks. • Iverson Mine Weld County Special Review Application Page 1 of I FLOOD HAZARD DEVELOPMENT PERMIT APPLICATION FOR IVERSON MINE WELD COUNTY, COLORADO Prepared for: Lafarge West, Inc. 11409 Business Park Circle, Suite 200 • Longmont, Colorado 80504 Prepared by: Tetra Tech 1900 S. Sunset Street, Suite 1-F Longmont, Colorado 80501 Tetra Tech Job No. 133-23511-10002 February 1, 2011 0 TETRA TECH TETRA TECH 0 ' ENGINEERS CERTIFICATION I hereby certify that this Flood Hazard Development Permit Application for Iverson Mine was prepared under my direct supervision in accordance with the provisions of the Weld County Storm Design Criteria, and was designed to comply with the provisions thereof. y �pDO L/CF,�,,,4 .�• • 'tv a ear s`` pht QO; Jeffre • . i tt:;i• P.E. • License. 'ro ?; =1L�. % State of Colora: �.�;� • • • TABLE OF CONTENTS Page 1.0 INTRODUCTION I 2.0 HYDROLOGY 3.0 HYDRAULICS 2 3.1 Pre-Project Floodplain and Floodway 2 3.2 Pre-Project Natural Floodplain 2 3.3 Pre-Project Floodways 4 3.4 Mining Conditions 6 4.0 WELD COUNTY REQUIREMENTS 8 List of Appendices Appendix A FHDP Application Appendix B Property Deed and Mining Lease Agreement • Appendix C Figures Appendix D Modeling Files - CD • • 1.0 INTRODUCTION Lafarge West, Inc. is proposing to mine for aggregates at the proposed Iverson Mine, a property located in Weld County. The property is owned by Tim and Jeanne Iverson and will be mined under a license agreement by Lafarge. A copy of the property deed and mining license agreement is presented in Appendix B. The prorsed Iverson Mine site is located in the Section 34, Township 6 North, Range 66 West of the 6` Principal Meridian, Weld County, State of Colorado. The site is bounded to the north, west and east by the Cache la Poudre River and to the south by the Poudre Trail and rural residential/agricultural land. Effective FEMA Flood Insurance Rate Maps (FIRM) identify portions of the property to be within a Zone A3 special flood hazard area. The US Army Corps of Engineers (USACE) is preparing a hydraulic model of the Cache la Poudre River through a portion of Weld County. This information is considered the best available information on which to base this study. A map of the USACE floodplain study is presented in Appendix C. The Flood Hazard Development Permit(FHDP) Application is presented in Appendix A. 2.0 HYDROLOGY • Hydrologic information for the Cache la Poudre River was obtained from the USACE study. No new hydrologic information was prepared for use in this study. A summary of the hydrologic data is presented in the data below. Table 2.1 Summary of Cache la Poudre River Hydrology River Station Peak Discharge(cfs) 47604 11,800 52234 11,700 61694/Begin Split Flow Right 9,928/2,072 78863 12,000 There is a split flow area in the project vicinity, which changes the peak flow at section 61694 of the model. In the pre-project analysis, some changes in peak discharge at the flow split were calculated. The discharge in the Cache la Poudre River was calculated to be 10,173 cfs, with the remainder flow into the split flow area. The peak discharge in the Cache la Poudre River increases by approximately 245 cfs. The hydraulic analysis described in the following section shows that the change in water surface elevation downstream of the flow split is 0.01 feet or less. This change in peak discharge should not be considered significant. • Flood Hazard Development Permit Application I February 201 I Iverson Mine, Weld County, Colorado X2351 I\I13-23511-10002\Deliverables FHDP Apprczdrn,\Iverson FHDP Repmr.docx 3.0 HYDRAULICS The basis for the hydraulic analysis of the project is the HEC-RAS model prepared by the USACE and supplied by Weld County. Additionally, a HEC-2 model with the one-foot floodway was also supplied. No half-foot floodway model was supplied for this study. 3.1 Pre-Project Floodplain and Floodway The USACE HEC-RAS model was used as the basis for the pre-project hydraulic model. The USACE model, referred to as the effective model, was updated based upon aerial topographic information flown by IntraSearch in 2009. The aerial topographic data was adjusted to the NGVD 29 datum to be directly comparable to the effective study. Three additional cross sections for the Cache la Poudre River were encoded into the pre-project model in locations where future temporary soil stockpiles are planned to be located. The geometry of the river and the floodway in this area limits the ability to add cross-sections in some locations. The channel orientation is sometimes parallel to the direction of the cross- sections. A detailed cross-section survey was not conducted within the river channel. The flowline elevation at each cross section was interpolated from the effective model. This interpolation should be sufficient due to the geomorphology of the river and the mobility of its bed. Two additional cross-sections were added to the"Split Right" portion of the hydraulic model. Each cross-section bounds the proposed conveyor location. Ineffective flow areas for the railroad bridge were estimated based on data encoded into the effective model. An ineffective flow area was defined on the north bank of the river for additional section 614+14. The ineffective flow area at section 616+94 was retained from the USACE model. No ineffective flow areas due to the railroad bridge were defined upstream of this point because the northern overbank areas are relatively close to the channel, which cannot be ineffective. Additional ineffective flow areas were encoded on the south overbank areas at the Boyd and Freeman Ditch. This is consistent with the effective model. The ditch and other areas to the south are not considered effective in conveying Cache la Poudre River flood waters. 3.2 Pre-Project Natural Floodplain A comparison of the effective and pre-project hydraulic models is presented in the following tables. • Flood Hazard Development Permit Application 2 February 2011 Iverson Mine, Weld County,Colorado P:A23511A133-23511-10002VDeliverablcs\FHDP Application Alverson FIIDP Repon.docx • Table 3.1 Comparison of Effective and Pre-Project WSELs for Cache La Poudre River Section Effective WSEL Pre-Project WSEL Difference 60027 4682.22 4682.22 0.00 Great Western Railway 60038 4682.39 4682.40 0.01 60043 4682.40 4682.41 0.01 Downstream Project Boundary/Split Flow Right Boundary 61414 - 4684.31 - 61694 4684.41 4684.55 0.14 61884 - 4684.67 - 63990 - 4686.93 - 64300 4686.85 4687.15 0.30 Upstream Project Boundary 68968 4690.60 4689.93 -0.67 72017 4693.33 4693.34 0.01 72136 4694.17 4694.19 0.02 North 59ih Avenue Table 3.2 Comparison of Effective and Pre-Project WSELs for Split Right Flow Area • Section Effective WSEL Pre-Project WSEL Difference 22 4679.40 4678.94 -0.46 22.5 - 4680.22 - 22.6 - 4680.24 - 23 4679.70 4680.29 0.59 Upstream End of Split Right—Poudre River Trail Hydraulic analysis shows that there are some significant changes in the water surface elevations based on the differences between the effective and pre-project models. Differences in water surface elevation downstream of the project boundary are due to the change in peak flow at the split flow calculations. Changes in peak flows are described in the preceding section. Other changes in water surface elevations for the Cache la Poudre River and the Split Right area are attributable to the incorporation of additional data. A floodplain map showing the approximate limits of the 100-year pre-project floodplain is presented in Appendix C. • Flood Hazard Development Permit Application 3 February 2011 Iverson Mine, Weld County, Colorado 1'.A23511A133-2351 I-I0002VDeliverables\FHDP Application A Iverson FHDP Report.docx 3.3 Pre-Project Floodways • The USACE study included a one-foot floodway analysis in HEC-2. For the purposes of this study and State floodway requirements, Weld County requested a floodway analysis in HEC- RAS. As discussed with County personnel, it was agreed that encoding the encroachment stations in HEC-2 could be directly entered into HEC-RAS through the project area. Due to the location of other structures downstream of the project area, it was decided to encode the encroachment stations for Sections 570+40 to Section 689+68. A summary of the effective HEC-2 floodway model and the HEC-RAS model with encroachment stations is presented in the following table. Table 3.3 Comparison of HEC-2 and HEC-RAS Floodway Models HEC-2 WSEL HEC-RAS WSEL Section Natural Encroached Surcharge Natural Encroached Surcharge WSEL WSEL WSEL WSEL 57040 4678.34 4678.95 0.61 4678.26 4678.23 -0.03 57957 4679.83 4680.73 0.90 4679.73 4679.83 0.10 60023 4682.11 4682.88 0.77 4682.23 4682.3 0.07 60028 4681.99 4682.77 0.78 4682.22 4682.31 0.09 Great Western Railway 60038 4682.05 4682.87 0.82 4682.39 4682.47 0.08 60043 4682.62 4683.29 0.67 4682.40 4682.48 0.08 • Downstream Project Boundary/Split Flow Right Boundary 61694 4684.17 4685.12 0.95 4684.41 4684.43 0.02 64300 4686.70 4687.07 0.37 4686.85 4687.15 0.30 Upstream Project Boundary 68968 I 4689.99 I 4690.97 I 0.98 I 4690.06 I 4690.89 I 0.83 There are significant differences in floodway surcharges that may be attributable to differences in the calculations of each computer program and the downstream boundary conditions of the encroachment model. A pre-project floodway was established for one-foot and 0.5-foot surcharges in accordance with State floodplain regulations. There is no effective 0.5-foot floodway defined through the project area. As a result; there are no downstream encroachment boundaries to tie into. Without conducting a 0.5-foot floodway analysis of the entire reach, it is difficult to establish downstream boundary conditions. For this analysis, a Method 4 analysis with a 0.5 foot target was conducted. The results were then encoded as a Method 1 analysis without consideration to its suitability with respect to downstream conditions. A summary of the floodway surcharge data is presented in the following table. • Flood Hazard Development Permit Application 4 February 2011 Iverson Mine, Weld County,Colorado P 2151 111-2D 5 11-10002\Deliverables\FHDP Application AIverson FHDP Report doer 0 Table 3.4 Pre-Project Floodway (One-Foot) Data Table Natural . Encroached Surcharge Enc Sta.L . Enc Sta.R Section . WSEL WSEL • 57040 4678.36 4678.32 -0.04 407 1000 57957 4679.83 4679.94 0.11 1364 2200 60023 4682.22 4682.30 0.08 2593 2874 60028 4682.22 4682.32 0.10 2590 2874 Great Western Railway 60038 4682.40 4682.48 0.08 2598 2874 60043 4682.41 4682.49 0.08 2598 2874 Downstream Project Boundary/Split Flow Right Boundary 61414 4684.31 4684.42 0.11 2786 3561 61694 4684.55 4684.9 0.35 2700 3500 61884 4684.67 4684.95 0.28 2600 3493 63990 4686.93 _ 4687.77 0.84 1392.87 2450 64300 4687.15 4688.07 0.92 1324 2450 Upstream Project Boundary 68968 1 4689.93 I 4690.55 1 0.62 1 3250 1 4517 Ill Table 3.5 Pre-Project Floodway(Half-Foot)Data Table • •Natural Encroached Section • • Surcharge Enc Sta.L EncSta.R: WSEL WSEL' 57040 4678.36 4678.19 -0.17 407 1000 57957 4679.83 4679.78 -0.05 1364 1927 60023 4682.22 4682.41 0.19 2593 2874 60028 4682.22 4682.42 0.20 2590 2874 Great Western Railway 60038 4682.40 4682.58 0.18 2598 2874 60043 _ 4682.41 4682.59 0.18 2598 2874 Downstream Project Boundary/Split Flow Right Boundary 61414 4684.31 4684.41 0.10 2786 3600 61694 4684.55 4684.87 0.32 2700 3575 61884 4684.67 4684.96 0.29 2600 3600 63990 4686.93 4687.40 0.47 1392.87 2850 64300 4687.15 4687.65 0.50 1324 2850 Upstream Project Boundary 68968 1- 4689.93 1 4690.40 I 0.47 1 3 300 I 4517 A floodplain map showing the approximate limits of the one-foot and half-foot tloodway is IIIpresented in Appendix C. Flood Hazard Development Permit Application 5 February 2011 Iverson Mine, Weld County,Colorado P:\235II\133-23511-S0002\Deliverables\FfIDJApplicalion\Iverson FHDP Report-cbcx • 3.4 Mining Conditions Mining is proposed within mining limits shown on the floodplain map presented in Appendix C. In general, mining will progress from the eastern boundary to the northernmost section of the proposed mine and then back to the southwest corner of the mine. The initial mining will require the stripping and stockpiling of the topsoil and overburden over the southwest corner of the mine. As mining progresses, reclamation slopes will be constructed from overburden and topsoil from ongoing mining operations and the stockpiles. The approximate maximum limits of the proposed stockpiles are shown on the floodplain map. The stockpiles will be constructed near their normal angle of repose to a maximum height of approximately 43 feet. In cases where the geometry of the stockpile does not allow maximum height, the stockpile will be placed at its angle of repose up to its apex. In addition to stockpiling activities, a conveyor system will be installed to move materials from the Iverson Mine to the existing 35th Avenue mining facility. The route of the proposed conveyor is shown on the floodplain map. There are two locations where the conveyor is located within the floodplain. Lafarge will elevate the conveyor one foot or greater above the floodplain elevation except in locations where the conveyor is descending into the Iverson Mine or the 35`" Avenue Mine. The conveyor will cross the Great Western Railway at grade per their agreement with the railroad company. The conveyor located near the eastern edge of the property was not encoded into the mining conditions model. The conveyor is generally parallel to the direction of flow and is not anticipated to have a significant effect on water surface elevations. The conveyor crosses the Split Right flow area south of the railroad grade. The location is shown on the floodplain map. The general configuration of the conveyor has supports every forty feet. The support structure is constructed of 2.5"angle steel and is generally triangular in shape. Calculations show that the equivalent area of the support with respect to the flow direction is approximately one foot per support. The supports are represented in the model using piers with a one foot width. A portable sanitation facility will be installed near the southeastern property boundary, generally south of where the conveyor enters the property. The portable sanitation facility will be anchored if its final location is within the floodplain. The project features were encoded into a mining conditions HEC-RAS model. The results of the modeling calculations are presented in the following tables. Flood Hazard Development Permit Application 6 February 2011 • Iverson Mine, Weld County, Colorado P\23511\133-23511-I0002\Dcliverables\FHDP Application\Iverson FERN'Report.docx • Table 3.6 Pre-Project and Mining Conditions WSEL Summary for Cache la Poudre River Section Effective WSEL Pre-Project WSEL Difference 60027 4682.22 4682.22 0.00 Great Western Railway 60038 4682.40 4682.40 0.00 60043 4682.41 4682.41 0.00 Downstream Project Boundary/Split Flow Right Boundary 61414 4684.31 4684.31 0.00 61694 4684.55 4684.55 0.00 61884 4684.67 4684.67 0.00 63990 4686.93 4686.90 -0.03 64300 4687.15 4687.12 -0.03 Upstream Project Boundary 68968 4689.93 4689.95 0.02 72017 4693.34 4693.33 -0.01 72136 4694.19 4694.18 -0.01 North 59th Avenue • Table 3.7 Pre-Project and Mining Conditions WSEL Summary for Split Right Flow Area Section Pre-Project WSEL Mining Conditions Difference WSEL 22 4678.94 4678.94 0.00 22.5 4680.22 4680.22 0.00 Conveyor 22.6 4680.24 4680.24 0.00 23 4680.29 4680.29 0.00 Upstream End of Split Right—Poudre River Trail A small rise in water surface elevation is noted at the hydraulic cross-section located immediately upstream of the project site. Examination of aerial photography shows that there are no structures adversely impacted by this change in water surface elevation. Additionally, the water surface elevation at this location is 0.67 lower than the base flood elevation identified in the USACE modeling. This increase in water surface is anticipated to be temporary and will only exist when the stockpiles have reached their full size. The results of modeling in the Split Right flow area show that there is no change in water surface elevation due to the conveyor installation. • Flood Hazard Development Permit Application 7 February 2011 Iverson Mine, Weld County,Colorado Po\23511AI33-23511-10002V Deliverables\FIIDP ApplicationAIverson FHDP Report docx 4.0 WELD COUNTY REQUIREMENTS • Weld County has established standards in Section 23-2-480 of the Weld County Code for floodplain management. The applicable floodplain management requirements are summarized in the FHDP application. A summary of applicable requirements is as follows: • The applicant has met all applicable conditions listed in Section 23-5-250 or 23-5-260 of the Weld County Code. All applicable conditions under Section 23-5-250 and 23-5-260 for the proposed mining operations have been met. • If a structure is to be elevated in order to meet the floodproofing requirements, the property owner shall certify that the lowest floor is elevated (for existing structures which are being substantially improved) or will be built(for new structures) to the level, or above, the regulatory flood datum. The certificate shall include the elevation of the highest adjacent grade (HAG), the lowest adjacent grade (LAG), and the existing (for substantially improved structures) or proposed (for new structures) elevation of the lowest floor of the structure. The ground elevations and elevation of the lowest floor of any existing structure shall be certified to be accurate by a licensed surveyor or registered engineer. The regulatory flood datum is identified as being one foot (1.0 ft) above the water surface elevation of an intermediate regional flood, also known as the Base Flood Elevation (BFE). There are no proposed structures requiring flood proofing for the purposes of flood insurance. • A registered Professional Engineer(P.E.) shall certify that any non-residential structures which are not elevated in order to be flood proofed are designed so the structure is watertight below the elevation of the regulatory flood datum and that the structures are designed to be capable of resisting the hydrostatic and hydrodynamic forces expected at the building site during an intermediate regional flood. The Flood proofing Certificate from the Federal Emergency Management Agency shall include the elevation in feet NGVD-29 or NAVD-88 above the BFE at the development site, and the proposed elevation of the lowest floor of any structures. Alternatively, as a matter of public safety, Weld County staff may require flood venting for all new construction and substantially improved structures to automatically equalize hydrostatic flood forces on exterior walls. There are no proposed structures requiring flood proofing for the purposes offload insurance. • A registered Professional Engineer(P.E.) shall certify that all new or replacement domestic water wells or water supply, treatment, or storage systems are designed to prevent inundation or infiltration of floodwater into such system by an intermediate regional flood (100-year flood). Flood Hazard Development Permit Application 8 February 2011 • Iverson/['line, Weld County, Colorado P\23511\133-235II-10002\Deliverables\FHDP Application\Iverson FHDP Report.docx • There are no proposed new or replacement domestic water facilities proposed for this project. • A registered Professional Engineer(P.E.) shall certify that all new or replacement sanitary sewer treatment systems, including individual sewage disposal systems, are designed to prevent inundation or infiltration of floodwater into such system and to prevent discharges from such systems into the floodwaters of an intermediate regional flood (100-year flood). There are no proposed new or replacement sanitary sewer facilities proposed for this project. A temporary sanitary facility is proposed near the site entrance and will be anchored to prevent flotation in case offlooding. • No encroachments, including fill, new construction, substantial improvements, and other development shall be permitted unless certification by a registered Professional Engineer(P.E.) or Architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of an intermediate regional flood (100-year flood). Proposed temporary fill causes a maximum 0.02 feet of rise in water surface elevation at one offsite location. The increase in water surface elevation is not anticipated to adversely affect any structures at this location. • If the proposed use or structure is to be located in the FW(Floodway) District, a registered Professional Engineer (P.E.) shall certify that the proposed use or structure, when built, will be agricultural in use per Weld County Code 29-1-20, will not limit or restrict the flow capacity of the tloodway, and will not cause any rise in the BFE per Weld County Code 23-2-4800). The final use of the land within the floodway zone is an unlined pond. This land use is a rural use. Reclamation of the site will be at or lower than existing grades. Reclamation is not anticipated to limit or restrict the flow capacity of the floodway or cause any rise in BFE. • If fill material is to be used in the FP-1 (100-year Floodplain) or FP-2 (500-year Floodplain) Districts, a registered Professional Engineer(P.E.) shall certify that the fill material is designed to withstand the erosional forces associated with an intermediate regional flood (100-year flood). No permanent fill above grade is proposed for this project. Temporary stockpiles are located in overbank areas with non-erosive floodwater velocities. Modeling results show that the overbank velocities are 1.8 fps or less. • Flood Hazard Development Permit Application 9 February 2011 Iverson Mine, Weld County, Colorado P\23511\133-23511-10002\Deliverables\FHDP Application\Iverson FHDP Report.docx APPENDIX A FHDP APPLICATION FLOOD HAZARD DEVELOPMENT PERMIT (FHDP) APPLICATION • FOR PUBLIC WORKS DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PUBLIC WORKS REVIEWER: 0 8 0 5 3 4 0 0 0 0 6 8 Parcel Number: 0 8 0 5 - 3 4 - 0 - 0 0 - 0 6 9 - (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assess ors Office,or www.co.weld.co.us). Waterway Name: Cache La Poudre River Flood Insurance Rate Map(FIRM) Panel#: 080266- 0609C Legal Description See Deed , Section 34 , Township 6 North, Range 66 West FEE OWNER(S) OF THE PROPERTY: Name: Tim D. Iverson and Jeanne Iverson Work Phone# 970-302.9051 Home Phone# Email Address NIA Street Address: 5011 West F Street City/State/Zip Code Greeley,CO 80631 APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany all applications signed by Authorized Agent) Name: Anne Best Johnson, Land Manager for Lafarge West, Inc. Work Phone# 303-6534101 Home Phone# N/A Email Address anne;ohnson@lafarge-na.com Street Address: 11409 Business Palk Circle,Suite 200 City/State/Zip Code Longmont.Co 80504 1. General Description of Proposed Development: (Please check all that apply) • Residential Non-Residential Manufactured of Mobile Home ❑ New Construction ❑ New Construction ❑ On Single Lot ❑ Addition or Improvements ❑ Addition or Improvements ❑ In Mobile Home Park ❑ In Subdivision ❑ Fill Material ❑ Fill Material ❑ Fill Material ❑ Watercourse Alteration ❑ In Mobile Home Subdivision Other Sand and gravel mining 2. Brief Narrative Description of Proposed Development: Mining operations,stockpiles,equipment maintenance and storage;conveyor system 3. Property located in designated FW(Floodway) District? Yes X No (If yes, certification and engineering calculations shall be provided by a registered Professional Engineer(P.E.)that the property use or structure, when built, will not cause any increase in floodwater levels during an intermediate regional flood (100-year flood) and will not limit or restrict the flow capacity of the floodway.) 4. Is the property located in a designated FP-1 (100-yr Floodplain) or FP-2 (500-yr Floodplain) District? (yes x No C/1,/M/K)/(:' _Ste^- l . 261/ Signature: Owner of/Authorized Agent Date Signature: Owner or Authorized Agent Date (If an Authorized Agent stns,a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included showing the signatory has to legal authority to sign for the corporation.) • Updated 03-13-2008 6 APPENDIX B PROPERTY DEED AND MINING LEASE AGREEMENT • B 1420 REC 02366836 12/30/93 15:16 $15.00 1/003 F 0143 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • AR2366836 • STATE DOCUMENTARY FEE PERSONAL REPRESENTATIVE'S DEED Date /!'/5q /r3 THIS DEED is made by Edna Della Brown, as Personal Representative of the Estate of Carolina Lucero,also known as Carolina M.Lucero,also known as Carrie Lucero,also known as Carrie M.Lucero,Deceased.Grantor,to Tim D.Iverson and Jeanne Iverson,as joint tenants with right of survivorship, Grantees, whose address is 3014 11th Avenue, Evans, Colorado 80621. WHEREAS, the Last Will and Testament of the above-named decedent was made and executed in the lifetime of the decedent, and is dated April 29, 1959, which Will was duly admitted to informal probate on May 8, 1984 by the District Court in and for the County of Weld, State of Colorado, Probate No. 84 PR 129; and WHEREAS, Albert G. Luca-°was duly appointed Personal Representative of said estate on May 8, 1984. Upon Albers G. Lucero's death, Grantor was duly appointed the successor MICII Personal representative of said estate on July 8, 1992 by the District Court in and for the County of Weld, State of Colorado, Probate No. 84 PR 129, and is now qualified and acting in said capacity; and t}.t NOW, THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell, convey, assign, transfer and set over unto said • Grantees, in joint tenancy, for and in consideration of Ninety-Three Thousand Dollies (S93,000.00), the following described real property situate in the County of Weld, State of Colorado: See Attached Legal Description also known as 5011 West F Street, Greeley, Colorado 80631, together with all appurtenances but subject to: (1) Rights of Way for County Roads 30 feet 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; (2)the right of proprietor of a vein or lode to extract or remove his ore should the same be found to penetrate or intersect the premises thereby granted as reserved in United States Patent recorded April 26, 1888, in Book 34, at page 319, and any and all assignments thereof or interests therein; (3)an Oil and Gas Into, front GILBERT G. OSTRANDER AND ESTELLE D. OSTRANDER as Lessors) to H.L. WILLET as I flat)fora primary term of 5 years, dated January 17, 1977,recorded February 17, 1977 in Book 790 at Reception No. 171 I675, and any and all assignments thereof or interests therein;(4)an Oil and Gas Lease, from I. DONALD BAUER as Lessor(s)to EVAN DUVAL JR. as Lessee(s) for a primary term of 5 years, dated February 26, I980, recorded March 17, 1980 in Book 898 at Reception No. 1819746, and any and all assignments thereof or interests therein; (5)an easement for Right of Way and incidental purposes granted to CITY OF GREELEY by the instrument recorded April 24, 1981 in Book 934 at Reception No. 1855988; (6) an Oil and Gas Lease, from CARRI>E M. LUCERO as Lessor(s) to H.L. 0 B 1420 REC 02366836 12/30/93 15:16 ;15.00 2/003 F 0144 MARY ANN PEUERSTEIN CLERK & RECORDER WELD CO, CO • WILLEfl as I+ seu(s)for a primary term of•3 years, dated April 2, 1982, recorded April 23, 1982 in Book 966 at Reception No. 1889639, and any and all assignments thereof or interests therein; (7) terms, conditions, provisions, agreements and obligations specified under the Pipeline Right of Way Agreement by and between EDNA DELLA BROWN AIK/A DELLA BROWN AS POWER OF ATTORNEY FOR CAROLINA M. LUCERO, A/K/A CARRIE M. LUCERO, A/K/A CARRIE LUCERO and RFT r WETHER EXPLORATION COMPANY recorded February 7, 1984 in Book 1020 at Reception No. 1955454; (8) any right, title or interest of the general public, the State of Colorado and/or the United States in and to the btxl and banks of THE CACHE LA POUDRE RIVER. Executed this day of December, 1993. f -,..,,Y.. Edra Della Brown, Personal Representative of the Estate of Carolina M. Lucero STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before this , l s t. day of December, • 1993, by Edna Della Brown as Personal Representative of the Fours. of Carolina M. Lucero, Deceased. Witness my hand and official seal. My commission expires: 0(9_or+.qq ins / l Cl L �p7AR y`^ ' Notary Pill3tic 2 1420 REC 02366836 12/30/93 15:16 615.00 3/003 F 0145 MARY ANN FEUERSTEIN CLERK a RECORDER WELD CO, CO • ATTACHMENT TO PERSONAL REPRESENTATIVE'S DEED Dated December 21 , 1993 Grantor. Edna Della Brown, as Personal Representative of the Estate of Carolina M. Lutero Grantees: Tim D. Iverson and Jeanne Iverson,as joint tenants That portion of the East Half of the Southwest Quarter(P/2 SW/4)and the West Half of the Southeast Quarter(W/2 SE14)and the East Half of the Northwest Quarter(E/2 NW/4)and the West Half of the Northeast Quarter(W12 NE/4)of Section Thirty-four(34),Township Six($ North, Range Sixty-sit(66)West of the Sixth Principal Meridian, Weld County, Colorado, being more particularly deamlred a follows: Considering the South tine of the Southwest Quarter of said Section 34 as baring North 89.24'31" West and with all bearings contained herein and relative thank). Beginning at the South Quarter Comer of said Section 34,thence along the South line of theSouth westQuarterof said Section 34,North 89°24'31°West 1321.98 fret to the Southwest Corner of the Southeast Quarter of the Southwest Quarter of said Section 34,aid point also being the Southwest Corner of that certain parcel of land described in deed recorded in Book 937,Reception/1859175 records of said county, thence along the Westerly and Northedy line of mid book and reception number, North 00°03'45"West 1023.00 feet, South 74.43'31"East 280.00 feet,South 85°41'31" East I75.00 feet, North 74°34'29" East 272.00 fat to the True Point of Beginning,thence continuing along the Northerly line of acid Book 937,Reception/1859175,South 00'03'31"East 70.00 fat,thence North 74°34'29"Fast 116.00 feet,thence North 66'36'29'East 186.00 feet,thence North 49°03'29"East 71.30 fat to the Northeast corner of said parcel described in Book 937,Reception#1859175,thence North 39'3279"Fast 94.50 feet,draw North 33'24'29'East 5939 feet to a point that is 30.00 feet • South of the centerline of an existing irrigation ditch,thence parallel with and 30.00 fen South of the approximate centerline of said ditch the following S courses and distances, North 58°000"East 103.00 fat,North 56'40'00'East 341.00 feet,North 76°09'00'East 116.00 fat,North 80'11'00"East 640.00 fen,North 78°58'00" East 358.46 feet to a point that is 40.00 fat west of the East line of die West Half of the Southeast Quarter of said Section 34, thence paalld with and 40.00 feet West of said line,South 00°00'44"West 32737 feet to the South line of the Northwest Quarter of the Southeast Quarter of said Section 34,thence along said line South 89°36'2 Fast 40.00 fat to the East line of the West Half of the Southeast Quarter of said Section 34, thence along said line North 00°00'44' East 1359.19 feet to the Northeast comer of the Northwest Quarter of the Southeast Quarter of said Section 34, said point also being the approximate cenerline of the Cache La Poudre River, thence along the approximate antedine of said river the following 28 courses and distances,South 64'54'19" West 59.83 feet,South 67.42'00'West 352.00 feet,South 62°56'00"West 160.00 feet,North 77'05'00"West 197.00 fat,North 51'56'00'West 150.00 feet,North 33°23'00'West 269.00 feet,North I0'28'00'East 783.00 feet,North 23'38'00"West 115.00 feet,North 55°58'00' West 220.00 feet,North 70'40'00"West 225.00 feet,North 77°15'00"West421.00 feet,North 60'34'00"West 152.00 feet,South 86'28'00"West 300.00 feet,South 68°21'00'West 209.00 feet,South 48°39'00•West 283.00 fret,SOWS 20'38'00"West 144.00 feet,South 47'36'00" East 355.00 fat,South 48'09'00"East 332.00 feet,South 24°53'00'East 253.00 feet,South 41'12'00'East 242.00 feet,South 18'14"00"Fast 250.00 feet,South 01°08'00"East 368.00 feet,South 12'25'00'West 185.00 fret,South 13'55'00'East 413.00 feet,South 34.45'00" East 96.00 fret,South 11'58'00'East 267.00 feet,South 35°18'00"West 150.00 feet,South 69'23'25"Wat 322.59 fat to the True Point of Beginning,EJXCEEEMIG all of the oil,gas, and other hydrocatbons in,on,and under the property,together with the right of ingress and egress,as well as the use of so much of the surface as may be necessary to develop and/or produce such orl,gas,and other hydrocarbons. • GRAVEL PROPERTY LEASE WITH RIGIIT OF FIRST REFUSAL THIS INDENTURE,dated this I!�t{l day of U•if(y;li ,2004 (hereinafter referred to as the"Lease)),by and between Mr.Timothy Iverson and Ms.Jeanne Iverson,whose address is 5011 F Street,Greeley,CO 80631 (hereinafter collectively referred to as"Lessor")and LAFARGE WEST, INC., a Delaware corporation(hereinafter referred to as the"Company"),with its address at 1400 West 641"Avenue, Denver, Colorado 80221,Attention: Front Range Aggregates Land Manager. WITNESSETH In consideration of the sum ofiallIMINIIIIIMMIhraiti by the Company to or on behalf of Lessor,the receipt and sufficiency of which is hereby acknowledged by Lessor,and on and subject to the terms and conditions provided in this Lease,Lessor hereby leases,lets and demises to the Company the Materials as defined herein,in, on and under the real properties situate in Weld County and described in Exhibit A attached hereto and made a part of this Lease(hereinaftet referred to as the"Property"), and the exclusive right to sample, drill, and test for, develop, mind, quarry, extract, process, sell, use and remove them during the Term of this Lease, along with the right to locate and operate and /or sublease aggregate, asphalt and concrete plants and with associated easements as provided herein. 1. Definitions. • A. Lease Year shall mean a period of one year beginning on the date which the Lease is executed by Lessor or on any annual anniversary thereof. B. Materials shall mean stone, sand and gravel and any overburden and valuable solid minerals,other than hydrocarbon minerals such as coal,oil,gas and associated liquid hydrocarbons, that are te,uoved incident to sand and gravel operations hereunder and which are saleable and recoverable from the Property in the course of such operations. C. Plant shall mean a portable and/or fixed facility for processing, storing, washing, sorting,handling loading and shipping of Materials, along with ancillary facilities,and shall also mean a concrete or asphalt batch plant. 2. Term. The Term of this Lease shall be an initial period often(10)years commencing on the 1st day of 2004, and ending on the 30th day of , 2014 ("Term"). The Company may obtain a five(5)year extension of the Tenn after the end of the initial Term by written notice to Lessor prior to the end of the initial Term. The period of any extension of the initial Term pursuant hereto shall likewise be considered to be within the Term of this Lease.. • II 'I iiik I! 3. Sales Royalties. I A. Subject to Paragraphs 3.B. and 4, for all Materials sold from the Property I during each calendar month,the Company shall pay to Lessor a royalty at the rate ofie i per product ton of2.000 pounds(the"Base Royalty")within twenty(20)days after the close of such calendar month. B. The royalty rate shall be adjusted every year on the first day of the month i following the anniversary of the date this Lease becomes effective (the"Adjustment Date"). The j basis for this adjustment shall be the Producer Price Index—Construction Sand/Gravel/Crushed • !'t Stone—Series ID No. WPU 1321,published by the United States Department of Labor,Bureau of Labor Statistics (the"Index"). The adjusted royalty shall be determined by dividing the monthly Index last published before such Adjustment Date by the monthly Index last published*hen this Lease becomes effective and then multiplying the quotient by the Base Royalty so as to increase or decrease the Production Royalty rate per ton beginning on the first Adjustment Date and each I I subsequent Adjustment Date thereafter based on such calculation.The foregoing ratio of Indexes i j shall be calculated on data with base year 1982= 100 until the Bureau of Labor Statistics Publishes data with a new base period.If the Index just described or one reasonably similar thereto is no longer published,then an index or adjustment accomplishing as nearly as practical the result whi$h would I have been obtained by using the stated Index if it had been available shall be selected by agreement ill of the parties hereto. • i C. The Company shall keep and maintain adequate and accurate records of the quantities of Materials mined and sold. The royalty payments shall be accompanied by a monthly statement with the royalty calculation that includes an accounting of the tons of Materials mined ! I from the Property and sold or deemed sold pursuant to Paragraph 5.C.for the month. Lessor shall have the right at all reasonable times during business hours and upon reasonable prior notice to examine such records of the Company at the offices of the Company and to verify the quantities of Materials removed,and sold and the accuracy of the scales used to weigh the Materials. 4. Advance Minimum Royalties.The Company shall pay annually to or for the , benefit of the Lessor. The initial apayment shalt be made at the time this Lease commences. All payments shall be deemed"Advance Minimum Royalty"and shall apply to maintain the Lease in i effect for the period commencing on the date this Lease becomes effective to the final Term of the � Lease. i The cumulative amount of Advance Minimum Royalty the Company is required to pay during the term of this Lease shall in no event exceed the lesser of: a. ge or b. the equivalent of the production royalty (using the Base Royalty rate) one, a of the mineable and permitted quantity of the Materials that the 2 • Company determines are economically recoverable and salable from the Property (after processing and allowing for rejection of tailings), based upon calculations in accordance with recognized industry standards and practices. If the base Jolume of 2,200,000 feed tons changes from the time this lease is executed to the time production of materials begins due to permit restrictions, recalculations,third party interests or similar changes in the existing mine plan,then the maximum cumulative amount of advanced minimum royalty the Company is required to pay during the term of the Lease shall be adjusted using the above formula and new base,feed ton volume. The Advance Minimum Royalty payment for a Lease Year shall be due on or' prior to commencement of that Lease Year. Amounts paid as Advance Minimum Royalty shall be credited as an advance payment of and applied to reduce Material tonnages otherwise subject to the Production Royalty pursuant to Paragraph 3,based upon the tonnage associated with the royalty rate in effect at the time the Advance Minimum Royalty is paid. Sales Royalties paid pursuant to Paragraph 3,after taking into account Advance Minimum Royalties paid pursuant to this Paragraph, shall be applied in succeeding years to reduce amounts subsequently payable as Advance Minimum Royalty.Upon termination of this Lease for any reason,the obligation to make Advance Minimum Royalty payments shall likewise terminate except as to payments that became due prior to termination. • There is no implied covenant or obligation of the Company to develop or mine the Property or to sell Materials. The Company may maintain this Lease in effect for the term of the Lease by milking the annual Advance Minimum Royalty payments described in this Paragraph 4. 5. Weighing of Materials; Commingling. For purposes of calculation of Production Royalty,quantities of Materials removed from the Property on which Production Royalty is due will be measured as follows: • A. Use of Scales. All Materials shall be weighed on a certified scale upon sale and removal from the Company's Plant site. If Materials on which Production Royalty iS due are mixed with non-excavated materials(for example,in case of mixing sand and gravel with water and Portland cement in the concrete batch Plant), then for the purpose of calculating the Production Royalty, the weight of the Subject Minerals used in the mixture will be determined using the certified scales at the batch Plant that measure the weight of the materials that comprise the mixture • and deducting the weight of the added non-excavated materials, if necessary. B. Scale Adjustments. Accuracy of the scale shall be checked and adjustments made at least as often as required to continue to be certified. Records of the accuracy check and adjustments shall be preserved and made available in the same manner as other records. • C. Commingling. The Company may commingle Materials extracted from the Property with Materials extracted and removed from other properties.In order to fairly and properly allocate production between properties from which commingled Materials are extracted,the pit-run - 3- • • Materials extracted from each property shall be weighed prior to commingling on certified conveyor belts scales upon removal from the relevant property. Records will be kept as to the,tonnages • removed from each property,and the total production for each calendar month will be attributed to each property pro-rata,after adjustment of the total tonnage of pit run from all properties for washed fines and tailings pursuant to Paragraph 5.D. below. Materials from one property added to a stockpile at any time during a calendar month shall be deemed added simultaneously and pro rata with Materials from any other Property. The quantity of material determined to be in the stockpile as of the commencement of any calendar month shall be deemed sold and removed, on a first-in first-out basis,prior to the sale of any Materials added to the stockpile during a subsequent calendar month The Company's measurement and determination shall be conclusive. D. Allowance for Tailings. Tonnage for purposes of calculation of Production Royalty shall be based on processed Materials sold. If Materials are not being commingled from separate properties, then the tonnage sold shall be calculated pursuant to Paragraph 5.A. above. If due to commingling,Materials are weighed as pit run before processing and sale by the Company pursuant to Paragraph S.A.,above,the weight of tailings and washed fines shall be deducted from the total pit run weight of the Materials attributed to each property for purposes of calculating Sales Royalties. Both parties agree that as much as approximately twenty percent(20%)of the minable in situ (in place, in the ground) sand and gravel onsite may need to be rejected as washed fines or tailings or otherwise in order to meet commercial specifications for salable Material. 6. Water Augmentation and Dewatering. Lessor shall be responsible for any augmentation plan made necessary by the Company's surface exposure of groundwater,dewatering or mining operations on the Property. If the State Engineer determines that a temporary plan is necessary for the Company's operations on the Property,Lessor shall provide the water required for the Company to implement any such temporary substitute supply or augmentation plan. If Lessor fails to obtain the necessary plan of augmentation,or substitute source of supply,or otherwise fails to supply necessary water and water rights, the Company may do so and charge the cost thereof to Lessor. Such estimated cost shall be amortized by renegotiation of the annual Advance Minimum Royalty and the Production Royalty rate,applied to the estimated Material to be removed, over the life of the deposit on the Property. 7. Operations. A. The Company shall conduct its operations on the Property in a prudent and workmanlike manner and in accordance with good and accepted mining and business practices and in compliance with all applicable federal, state and local laws, rules and regulations and all applicable permits.The timing,nature,manner and extent of mining operations,processing and sales shall be within the sole discretion of the Company,and the Company shall not be required to mine, preserve or protect in its operations any Materials which, under good mining practices,cannot be mined or sold at a reasonable profit to the Company at the time they are encountered. B. The Company shall have the right to construct,maintain,and use roads,pipe lines,power lines,telephone lines,and stockpile areas and any right-of-way it deems necessary or -4- i • desirable for its operations on the Property related to the Company's operations under this Lease.The Company shall have the right during the Term of this Lease and without payment to Lessor(except for Sales Royalties payable pursuant to Paragraph 3 and Advance Minimum Royalties payable pursuant to Section 4)to strip and remove overburden and otherwise to use and occupy the Property as is reasonably required in connection with mining, quarrying, extracting, processing(including tailings-washed fines storage facilities),storage,transportation,sale and removal of Materials from the Property and from other properties on which the Company is conducting operations. The Company shall not stockpile overburden material,tailings,or waste material from other properties without prior written consent from the Lessor. C. The Company shall have the right to construct and maintain Plants on the Property at a location selected by the Company,and Lessor agrees that the Company shall have full right of access for the construction,use and maintenance of the Plants and for stockpiling Materials processed or to be processed, whether from the Property or from other properties on which the Company is conducting operations. Any access easements and the location and alignment or realignment of any conveyor shall be agreed upon by the Lessor, which agreement shall not be unreasonably withheld. Any access easement and conveyor easement shall be 50 feet in width in the original Property area. Any conveyor easement shall include but not be limited to the right to construct,operate,maintain,repair and remove a conveyor system and similar,related or incidental improvements forpurposes of transporting Materials across the Property. The Company shall have • the right to place washed fines in mined out areas at no additional cost to Company under this Lease. D. Notwithstanding the Company's rights to conduct operations on the Property hereunder,extraction and other operations will not occur immediately adjacent to(within 200 ft.)the existing residence on the Property without Lessor's express consent. The Company shall consult with Lessor with respect to all permit applications,plans and designs of the Company;provided, however, that all final decisions on mine plans, operations, reclamation, permits and other plans of operations shall be in the Company's sole discretion and control. The Company agrees to use best efforts to investigate and negotiate with the Lessor mutually beneficial reclamation plans and other operations utilizing the Company's equipment and expertise that will accommodate, facilitate and enhance Lessor's development of the Property and use thereof after completion of the Company's operations. The Company shall not be required agree to plans that increase it's costs over those the Company is required by law to incur in connection with reclamation unless the Company and Lessor reach agreement as to reasonable compensation to the Company by Lessor as to extra work or improvements made for Lessor's benefit for the non-mining or post- mining use of the Property. For example, if the reclamation plan developed with the approval of Lessor includes permanent improvements,such as lining of the pits or construction of slurry walls, that provides benefits to Lessor in the form of creating marketable water storage capacity or the reduction or elimination of augmentation requirements that Lessor would otherwise have to satisfy with water rights Lessor is required to provide under Section 6,then Lessor agrees to compensate the Company for such improvements at rates customarily charged by the Company to third parties for such work at the time performed. The Company shall be entitled to recover such compensation from S payments thereafter otherwise due Lessor from the Company, or if the compensation exceeds payments remaining due, then Lessor shall pay such compensation directly to the Company and the Company shall have a lien on the Property until paid in full. E. The Company hereby agrees to apply for zoning classifications,variances or exceptions, and governmental approvals, permits, licenses or rights related to and required for the Company's operations hereunder, at the Company's cost. The Lessor agrees to cooperate with the Company in obtaining such approvals and to execute or join in applications, plats and other documents which are required to obtain the same that are reasonably required in connection with the operations that are contemplated under this Lease;provided,however, the Company shall provide bonds or other financial assurance for its operations, including for the restoration,reclamation or rehabilitation of the Property,as maybe required or advisable to obtain such permits and approvals. F. The Company is aware that the Property is currently farmed and an oil and gas lease exists on the Property. In planning and conducting its operations on the Property,the Company will work with Lessor to minimize damage to crops and the oil and gas operations currently conducted on the Property.The Company shall pay Lessor and/or the current farm tenant the agreed upon fair market value of any crops growing on the Property which are destroyed or damaged by operations conducted by the Company on the Property under this Lease.The Company shall also be responsible for any damages its operations cause to any vested right of the existing oil and gas lessee on the Property. Rights of any future oil and gas lessees are subject to Paragraph 11.D. G. Lessor shall have the right in the future to continue fanning operations on the Property during the Term of this Lease,if and to the extent that those operations do not interfere in any manner with the Company's current or planned operations. Any renewal or extension of the existing farm lease,or any new farm lease shall be made expressly subject to the Company's rights hereunder,and the Company shall have no obligation to pay Lessor or any farm tenant for damage to crops. H. Lessee agrees that it will use reasonable efforts to mine the Property expeditiously and,in planning such operations,will take into account Lessor's desire to complete the mining operations on the Property within seven (7) years from the date of this Lease agreement. However, the parties acknowledge that mining operations are subject to market conditions and operational considerations that may affect the mining schedule. 8. Waiver of Lateral Support. Lessor hereby waives the lateral support for mining purposes for the portions of the Property abutting boundary lines between the Property and adjacent properties that are owned or leased by the Company. 9. Liabilities. A. Company shall defend and indemnify and hold harmless the Lessor and Lessor's agents and employees from and against any and all claims, demands, judgments and liability,including reasonable attorney fees and expert fees,by or to any and all third parties in any way related or connected to Company's use or operations of or on the Property while this Lease is in effect including,without limitation, claims,demands,judgments and liabilities that may arise as a result of.the negligent acts or omissions of Company or its agents, representatives; officers, employees, lessees and contractors in,on or about the Property. B. Lessor shall defend and indemnify and hold harmless the Compary and the Company's agents and employees from and against any and all claims, demands,judgments and liability, including reasonable attorneys fees and expert fees,by or to any and all third parties in any way related or connected to the use or operations of Lessor on the Property while this Lease is in effect,or the presence of Lessor or Lessor's farm tenants,agents;employees,licensees or invitees on the Property. • • C. The Company shall defend, indemnify, and hold harmless Lessor from any and all liability resulting from its operations hereunder pursuant to all local, state and federal environmental laws, ordinances, rules and regulations, including but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9601 et seq.)and the Resource Conservation and Recovery Act(42 U.S.C.§ 6901 etseq.),as any of such laws, ordinances,rules and regulations have been or are amended from time to time. D. The foregoing indemnifications shall all survive the tennination of this Lease. The indemnityprovisions set forth in this Lease shall apply to amounts paid in settlement of a claim • by an indemnified party only if such settlement is approved by the indemnifying party, which approval shall not be unreasonably withheld. 10. Insurance. A. The Company shall maintain at it sole expense and at all times statutory Worker's Compensation Insurance coverage as required under the laws and regulations ofthe State of Colorado for all its officers and employees who perform work for the Company hereunder. B. The Company shall purchase, at its sole expense, and shall maintain at all times the following minimum insurance protection. i. Comprehensive General Liability in the amount of $1,000,000 combined single limit; ii. Employer's Liability Insurance in the amount of $100,000 each occurrence; iii. Automobile Liability Insurance in the amount of$1,000,000 combined single limit;and -7- • • • iv. Adequate and reasonable insurance for other risks ordinarily insured against in similar operations. C. The Company agrees that it shall require all independent contractors, contractors and subcontractors who perform work in connection with the Property to have similar and adequate insurance in full force and effect. 11. Title. • A. Lessor warrants that Lessor owns the surface estate and the Materials within the Property,and Lessor agrees to defend said title against all adverse claims. • B. The Company has accepted Lessor's title as marketable, to the best of its knowledge.as of the date of this Lease. If subsequent thereto the Company determines that Lessor's title to the Property and Materials is not good and marketable,the Company shall so notify Lessor in writing, in which case Lessor,at Lessor's cost, shall correct the specified title defects. If any title defects which render the title unmarketable or adversely affect the Company' right to mine are not cured within sixty(60)days after receipt of such notice,the Company,at its option,may terminate this Lease without any further obligation to Lessor or, at its option,may resolve the adverse claim and deduct the costs incurred from payments otherwise due Lessor. The Company shall, as part of such termination,have the right at its option to have any and all prepaid royalties not offset by Sales Royalties refunded to the Company. • C. Without regard to the warranties of title given to the Company by Lessor,if Lessor own less than one hundred percent (100%)of the Materials under all or any portion of the Property,then the amounts payable to Lessor hereunder as Advance Minimum Royalty payments and Sales Royalties shall be reduced in the proportion that the interest of the Lessor in the Materials • bears to one hundred percent(100%)of the Materials within the Property. 17. Lessor shall not enter into any new oil and gas leases or other new agreements regarding oil and gas operations of the Property during the Term of this Lease, except under conditions which prohibit surface entry or occupancy'and interference in any manner with the Company's operations on the Property. With respect to new wellsites and other surface facilities under existing oil and gas leases, Lessor shall promptly notify the Company of any notices or requests by an oil and gas operator regarding surface use and hereby authorizes the Company to use reasonable efforts to obtain understandings with the oil and gas lessees or operators to minimize • impact of such wellsites and other surface facilities on the Company's sand and gravel operations on the Property. Lessor shall reasonably cooperate with requests by the Company for assistance in the • Company's efforts to negotiate surface use agreements with the oil and gas operators relative to existing leases. 8 • E. Lessor represents that the Property constitutes a legal lot under applicable law and that no subdivision approval is required for the Company's operations on the Property or for the granting of this Lease. 12. Right of First Refusal. If at any time during the Term of this Lease Lessor receives an offer to purchase all or any portion of the Property or any interest therein for a price and on conditions that Lessor is willing to accept,then Lessor shall give the Company notice of such offer and a copy of the offer,and the Company shall have thirty(30)days after receipt of such notice to elect to match the offer, and the Company and Lessor shall thereafter close the purchase and sale of the Property or relevant portion thereof in accordance with such offer or as they may otherwise agree. If the Company does not exercise its preemptive right hereunder,Lessor shall thereafter be free to close the purchase and sale of the Property, subject to this Lease, on terms no less favorable to Lessor than those submitted to the Company by Lessor,free and clear of the Company's preemptive right for a period of 90 days after the Company failed to exercise the right. If no such sale is closed within the 90-day period, this right of first refusal shall be revived in the Company. 13. Null and Void Agreements:Exception for Affiliate. Any entry by Lessor into an agreement affecting the Property in violation of Paragraphs 12 shall be null and void and of no force and effect. Transfer by Lessor of the Property or any interest therein to a corporation, limited liability company,partnership or other entity wherein the owner or owners thereof are Lessor and/or an immediate family member of Lessor shall not be a transfer subject to Paragraph 12,provided that allthe transferee agrees to be bound by this Agreement, including Paragraph 12. 14. Taxes. During the term of this Lease, the Company shall pay when due all ad valorem property taxes assessed on the production, severance or extraction of Materials from the Property. In addition,the Company shall pay all personal and real property taxes assessed against machinery,tools,equipment,supplies,buildings,improvements,pipelines,stockpiles of Materials, and other property and/or fixtures placed by Company on the Property. Lessor shall pay all other real property taxes on the Property and on any improvements thereron, including without limitation, improvements that Lessor installs on the Property for Lessor's own purposes, and any taxes attributable to the production royalty or to Lessor's farming operations. 15. Labor and Materials.The Company agrees to keep the Property free and clear of liens, charges,claims or demands arising from the Company's operations hereunder and to promptly pay for all labor performed on the Property and for all supplies,materials,and equipment used or placed on the Property. The Company shall defend,indemnify and held harmless Lessor from and against any and all claims,charges,demands,causes of action,damages and liability,including reasonable attorneys fees and expert fees, that arise from or are connected to the acts or omissions of the • Company hereunder or to those of its contractors, subcontractors, employees, officers, agents or lessees in regard to providing labor and acquiring or installing materials,equipment and supplies for operations under this Lease. The Company may contest in good faith any lien; provided that the Company shall not allow title to the Property or any portion of it to be lost. • 9 • 'I 16. Termination. A. Lessor shall have the right at Lessor' option to terminate this Lease if the I Company fails to perform any of its obligations hereunder as follows: i. If the Company fails to pay when due any amounts to be paid hereunder. Lessor may at Lessor's option give the Company written notice of such failure and the Company shall have fifteen (15) days from the date it receives notice to pay the amounts owed to Lessor. If the Company fails to pay the past due amounts to Lessor within the fifteen(15)day period,Lessor may at Lessor's option declare the Company in default and terminate this Lease. ii. If the Company defaults in the performance of any obligation hereunder other than the obligation to pay money when due,Lessor may at Lessor's option give written notice of such default to the Company,and the Company shall have thirty(3D) days from the date it receives such notice to cure the default. If the Company fails to cure the default within the thirty day period, Lessor may at Lessor's option terminate this Lease; provided,however,that if the default is minor and the default can be fully compensated for in damages,then such default shall not be a basis for cancellation or forfeiture of this Lease or any of Company's rights hereunder if the Company pays the full amount of damages within ' thirty(30)days after demand by Lessor. If,through no fault of the Company,such failure is impracticable to correct within the 30-day period,Lessor shall have no right to terminate this Lease if the Company commences in good faith to correct the failure and provided that the Company diligently pursues and completes the correction within a reasonable time. B. The Company shall have the right,at its option,to terminate this Lease at the end of any Lease Year during the Term by giving at least sixty(60) days prior written notice to Lessor. For early termination of the Lease without completion of mining by the Company of all economically recoverable Materials from Property, Lessor shall be entitled to receive,additional compensation in the form of two(2)non-refundable annual advanced minimum royalty payments for the two years required for the restoration of the property described in paragraph 19 after the date of termination, and any and all royalties due. C. Upon termination of this Lease for any reason,the Company shall continue to be liable for the performance of all obligations and the satisfaction of all liabilities to Lessor including, but not limited to, the payment of royalties which have accrued prior to the date of termination and the compliance with all laws,regulations, and permit conditions that apply to the Property and the operations on the Property including, but not limited to all reclamation, environmental and land use laws,regulations and permit conditions. The obligation to pay Advance Minimum Royalty that would otherwise accrue after the date of termination of the Lease shall end upon Lease termination, except as provided in Paragraph B, above. • . D.D. Upon termination of this Lease with respect to all or any part of the Property, the Company agrees to furnish Lessor with a document reasonably satisfactory to Lessor verifying such termination and release of Lease. E. Upon termination of this Lease by the Company for any reason,all sums paid hereunder to Lessor shall remain the property of Lessor and shall not be recoupable or refundable except to the extent that they have already been recouped or refunded as of the effective date of termination,or except as expressly provided Paragraphs 11.B and C above. 17. End of Term. The Company shall have the right for one year from the date of the expiration or termination of this Lease to dismantle and remove machinery, equipment, improvements,and other facilities installed or constructed on the Property by the Company/and also to sell and remove Materials then stockpiled on the Property,subject to its obligation to pay Sales Royalties pursuant to Paragraph 3. 18. No Development Covenant. There is no implied covenant or obligation of the Company to explore,develop or mine the Property or to sell Materials. The Company may maintain this Agreement in effect for its term and any allowed extensions by making the payments 'set forth herein. • 19. Restoration of Property. Within two (2) years after the expiration or earlier termination of this Lease,the Company will have restored the Property to the condition required by law and by the applicable permits and approvals required for the Company to conduct operations hereunder. Following the expiration or termination of this Lease for any reason,Lessor covenants that Lessor will not extract or allow others to extract Materials'until Lessor or others effect the transfer of the Colorado Division of Minerals and Geology Permit to their names for reclamation or rehabilitation of the Property and the release of any security or bond provided by the Company to secure its performance or discharge its responsibilities. Unless Lessor desires to continue operations to extract Materials (either by Lessor or through an operator, representative, or other lessee), the Company shall have the right to access and enter the Property and to effect on the Property such restoration,rehabilitation and reclamation as may be required to discharge the responsibilities which the Company has assumed pursuant to its permits and under Paragraph 7.E and to procure the release of any bond or other financial assurance provided by the Company. 20. Assignment. The provisions of this Lease shall extend to and be binding upon the heirs,personal representatives,successors,assigns and sublessees of Lessor and the Company. The Company shall have the right to subcontract with others for the performance of exploration, development and mining work hereunder,subject to all terms of this Lease,but no such subcontract shall relieve the Company of its obligations to Lessor hereunder. 21. Notice. Notices of default or of cancellation or termination of this Lease and all other notices required or permitted hereunder shall be given by personal delivery or by registered or certified mail,postage prepaid, addressed to the parties as follows: - ll - • • If to the Company: Lafarge West, Inc. Land Department 1400 West 64th Ave. Denver,Colorado 80221 If to Lessor: Jeanne and Timothy Iverson 5011 F Street Greeley, Colorado 80631 22. Condemnation. If the whole or any part of the Property shall be taken by any public authority under the power of eminent domain at any time during the term of this Lease,Lessor and the Company shall each be entitled to share in the award to the extent of their respective interests in the Property with respect to any taking. In the event only a portion of the Property is taken,and if notwithstanding such taking the Company will be able to continue to conduct its business in the remainder of the Property in substantially the manner it was being conducted immediately prior to such taking, this Lease shall cease only as to the part taken. If, however, by reason of the condemnation there is not sufficient property left in or upon the Property for the Company to conduct its business in substantially the manner in which it was being conducted immediately prior to such taking,then and in such event this Lease shall terminate. All condemnation awards on account of the interest of the Lessor shall be paid to the Lessor and all awards on account of Companys leasehold interest shall be paid to Company. The allocation of any lump sum award for any taking between Lessor and Company shall be made by agreement between them,if possible,or if the parties cannot agree, then by arbitration pursuant to Rules of the American Arbitration Association, taking into account(i)the value of Lessor's interest in the property affected by such taking and under this Lease, and(ii) the value of Company's interest therein under the Lease. 23. Non-Business Day Deadlines.If a date for notice,performance or payment falls on a holiday or weekend,the time for performance or payment shall be extended to the next business day, and if notice,performance or payment has occurred on such weekend or holiday or after 5:00 p.m.on any business day,it shall be deemed to have occurred on the next business day. 24. Confidentiality: Recording. The parties agree that the terms and conditions of this Lease are confidential and shall not be disclosed to any third party without the consent of the other. Neither party shall record this Lease without the consent of the other. The parties agree to execute a short form lease for recording to provide record notice of this Lease without disclosing the economic terms hereof: - l2- •I 25. Headings.The headings of the Sections of this Lease are for convenience of reference only and are not a part of the substantive provisions of this Lease. 26_ Further Instruments. Each party hereto shall from time to time execute and deliver such further instruments as the other party or its counsel may reasonably request to effectuate the intent of this Lease. • 27. Entire Agreement. This Lease contains the entire agreement between the parties hereto,and neither it nor any part of it may be changed,altered,modified,or limited orally or by any agreement between the parties unless such agreement be expressed in writing, signed, and acknowledged by the Lessor and the Company,or their respective heirs,personal representatives, successors and assigns. 28. Counterparts. This Lease may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same Lease. IN WITNESS WHEREOF, this Gravel Property Lease with Option to Purchase has been duly executed as of the date first above written. LESSOR: • OTHY IVERSON MS.JEANNE IVERSSON LESSEE(THE COMPANY): LAFARGE WEST, IN C..� By: • �,ll/�N let.3 CASt ^tAk: c Gave M.PttvPC'r2. (Title) • - 13 - • STATE OF COLORADO ) COUNTY OF iZ.GLG6v ) he foregoing instrument was acknowledged before me this AU day of • 2004,by Jeanne Iverson and Timothy Iverson. tness my hand and official seal. / Notary Public My commission expires:li '7 �� STATE OF COLORADO ) COUNTY OF {N(O(l(p0, ) • The foregoing instrument was acknowledged before me this �3'+ day of • iY, 'War 2004, by tall :SAYIJTh who is the EIO AtvO 1 lntl(jntt( r of Lafarge West, Inc. Witness my hand and official seal. t 'Lilt 11 Notary Public Ilk'My commission expires: t O 'n'1 947 l - 14- 0 EXHIBIT A PROPERTY LEGAL DESCRIPTION • • B-1 Iverson Rev 2 v,E/e_co n/ S o// • s i (J. zcE -rc,s7 • Loan No.:altar 92s z 353 cc ?� Date: JUNE 8, 2001 ��✓L 720 3a y 3 F Property Address: 5011 F STREET, GREELEY, COLORADO 80631 EXHIBIT "A" TRGer, elRerPTnmTnTT That portion of the East Half of the Southwest Quarter and the West Half of the Southeast Quarter and the East Half of the Northwest Quarter and the West Half of the Northeast Quarter of Section 34, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado, being more particularly described as follows; Considering the South line of the Southwest Quarter of said Section 34 as bearing North 89'24'31° Wept and with all bearings contained herein and relative thereto. Beginning at the South.Quarter Corner of said.Section 34, thence along the South line of the Southwest Quarter of said Section 34, North 89'24'31' West 1321.98 feet to the Southwest Corner of the Southeast Quarter of- the Southwest Quarter of said Section 34, said point also being the Southwest Corner of that certain parcel of land described in deed recorded in Book 937 at Reception No. 1859175 records of said county, thence along the westerly and Northerly line of said book and reception number, North " 'e"" ' 00'03'45' West 1023.00 feet, South 74'43'31' Eaat 280.00 feet, South 85'41'31' East 175.00 feet, North 74'34'29° East 272.00 feet to the True Point of Beginning, thence continuing along the Northerly line of said Book 937, Reception No, 1859175, South 00'03'31" East 70.00 feet, thence North 74'34'29' East 116.00 feet, thence North 66'36'29° East 186.00 feet, thence North 49'03'29" East 71.30 feet to the Northeast corner of said parcel described in Book 937 at Reception No..1859175, thence-North 39'32'29° East 94.50 feet, thence North 33'24'29' East 59.59 feet to a point that is 30.00 feet south of the centerline of at existing irrigation ditch, thence parallel with and 30.00 feet South of the approximate centerline of said ditch the following. 5 courses and distances, North 58'00'00" Eaet 103.00 feat, North 55'40'00' East 341.00 feet, North 76'09'00° East 116.00 feet, North 80'11'00' East 640.00 feet, North 78'58'00' East 358.46 feet to a point that is 40.00 feet West of the East line of the West Half of the Southeast Quarter of said Section 34, thence parallel with and 40.00 feet West of said line, south 00'00'44 west 327.57 feet to the South line of the Northwest Quarter of the southeast Quarter of said Section 34, thence along said line South 89'36'32' East 40.00 feet to the East line of the West Half of the Southeast Quarter of said Section 34, thence along said line North 00'00'44° East 1359.19 feet to the Northwest corner of the Northwest Quarter of the Southeast Quarter of said $action 34, said point also being the approximate centerline of the Cache La Sondra River, thence along the approximate centerline of said river the following 28 courses and distances, South 64'54'19° West 59.83 feet, South 67'42'00" West 352.00 feet, South 62'56'00° West 160.00 feet, North 77'05'00° West 197.00 feet, North 51'56'00° West 150.00 feet, North 33 '23'00' West 269.00 feet, North 10'28'00' East 783.00 feet, North 23'38'00" West 115.00 feet, North 55'58'00' West 220.00 feet, North 70'40'00' West 225.00 feet, North 77'15'00' West 421.00 feet, North 60'34'00" West 152.00 feet, South 86'28'00' West 300.00 feet, South 68'21'00' West 209.00 feet, South 48'39'00' West 283.00 feet, South • 20'38'00° West 144.00 feet, South 47'36'00' East 355,00 feat, South 48'09'00' East 332.00 feet, South 24'53'00° East 253.00 feet, South 41'12'00" East 242.00 feet, south 18'14'00' East 250.00 feet, South 01'08'00' East 368.00 feet, South 12'25'00" West 185.00 feet, Sauth • APPENDIX C FIGURES 4 o 9 10 11 12 �g� 9 c n c ,O D eT m COUNTY RD 70 0 _... . ` co co _ t n O `z o 17 16\t 15 14 '1,3 18 } 7 w z C A p � 1 16 o i ` F -ThSTATE Hwt 3%2 \ � �\ yn'.. 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I.L0Z • File contains oversized Flood Plain Work Map • Please See Original File • I IIIS • BONNIE J.BEEBE, VERA A.SMOTHERMAN TRUST AND JEANNE B.CREECH TRUST ",---....„ I ROBERT HENRY BROWN AND 'z BETTY DEE DAVEE RAY B.AND CAROLE ALE '' TENNY ON - j- • % - \ `__��jj�'-gT WEST NRAI~ m LAFARGE ' / - �\ .....'''WAY OF O'- WEST, INC C \\ \ ~s ...r'� I • 1• RAY B.AND \ CAROLE DALE \ \ / / TENNYSON ` / / ROBERT HENRY BROWN AND r • 1 BETTY DEE DAVEE • `\ \ g cc ` I I IVERSON MINE F ,\ USR BOUNDARY a _ — \ -. _.00001— I CITY OF w 1 GREELEY • 0 I ' N. `r' .- I = I I \ / m a BONNIE BEEBE, _ a 1 VERA A.SMOTHERMAN TRUST I cn I AND JEANNE B.CREECH TRUST I MINING LIMITS a ` _ o I // — , 1 w � I / WELD U I / COUNTY a o . I to til I _ _ _ / ... noon __ w � —� 1 LOWELL THREE LLC AND LT 1 ,� LOWELL FOUR Co o v e/�00 i LOWELL FOUR �� o ^----.v-.. ..___>--"""'ICI LLC�AND l\ - f i LOWELL THREE f` JOSEPH D.AND KORTNEY L.NELSON ' I MARY C.STEVENS LLC 0se DOUGLAS K.KREYKES AND _ / JEANNIE L LEONARD I 97. IN 0 250' 500' ,-- -'. „,,,.,. III JEREMIAHJ AND a SCALE r=500' I JENNIFER C MONGAN € a LAFARGE WEST,INC. Project No.: 133-23511-10002 A, o © TETRA TECH IVERSON MINE Date: 1-31-11 =5 41, "' Designed By: JAB E vnvw.tetratech.com IVERSON MINE FIGURE 1900 S.SUNSET STREET,STE 1-F IVERSON MINE , LONGMONT,COLORADO 80501 4 a N \ PHONE.(303)712-5282 FAX(303)T12-7039 1 l ..... i Bar Measures 1 inch • APPENDIX D MODELING FILES (CD) -S2, Ord p F�, • STATE OF COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources 13 Sherman St.,Room 215 enver,Colorado 80203 D O L IVISIONo N D O Phone:(303)866-3567 RECLAMATION FAX:(303)832-8106 MINING St SAFETY John W.Hickenlooper Notice of 112 Construction Materials Governor Consideration Mike Ring Reclamation Permit ApplicationExecutive Director Loretta E.Pineoa Director DATE: January 25,2011 RECEIVED TO: Monica Mika-Daniels Weld County Planning Department FEB 0 1 2011 Planning Director 918 10th St Weld County ~tanning Department Greeley,CO 80631 GREELEY OFFICE 1 y- Pc i-1 FROM: Peter S. Hays, Environmental Protection Specialist RE: Lafarge West, Inc., Iverson Mine, File No. M-2011-001 • Please be advised that on January 25, 2011, Lafarge West, Inc., whose address and telephone number are 10170 Church Ranch Way, Suite 200 , Westminster, CO 80021; (303) 657-4000, filed an application to conduct Surface extraction of construction materials and reclamation, at or near Section 34, Township 6N, Range 66W, 06th Prime Meridian, in Weld County. Please be advised that the permit area may be located in more than one Section, Township, and Range. The application decision is scheduled for April 25,2011. A copy of the application is available for review 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, they must be submitted within twenty (20) days of the date of the last newspaper public notice to be considered in the application review process by the Division. You should contact the applicant for the newspaper publication date. If we do not receive your comments or any objection by the end of the public comment period,the Office will assume you have no objection or comment to the proposed activity. • Office of Office of Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines m - zo / I - co > STATE OF COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY • Department of Natural Resources 1313 Sherman St.,Room 215 Denver,Colorado 80203 COLORADO Phone:(303)866-3567 CONSTRUCTION MATERIALS DIVISION OF RECLAMATION FAX:(303)8328106 REGULAR(112)OPERATION MINING RECLAMATION PERMIT APPLICATION FORM SAFETY Bill Ritter,Jr. Governor CHECK ONE: ❑ There is a File Number Already Assigned to this Operation Harris D.Shem.an Pe��nt/• j�� M -_- _ (Please reference the file number currently assigned to this operatios)ecveve Director --I New Application(Rule 1.4.5) ri Amendment Application(Rule 1.10) R°naid W.catta"y Division Direcmr Er Conversion Application(Rule 1.11) Natural Resource Trustee Permit# M - - - (provide for Amendments and Conversions of existing permits) The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts: (1)the application form;(2)Exhibits A-S,Addendum 1,any sections of Exhibit 6.5 (Geotechnical Stability Exhibit;and(3)the application fee. When you submit your application, be sure to include one(1) complete signed and notarized ORIGINAL and one (1) copy of the completed application form,two(2)copies of Exhibits A-S,Addendum 1,appropriate sections of 6.5(Geotechnical Stability Exhibit,and acheck 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): Lafarge West, Inc. • 1.1 Type of organization(corporation,partnership,etc.): corporation 2. Operation name(pit,mine or site name): Iverson Mine 3. Permitted acreage(new or existing site): 66.5 permitted acres 3.1 Change in acreage(+) RECEIVED C acres , � 66.5 3.2 Total acreage in Permit area acres 4. Fees: 4.1 New Application Division of RrclamatiOn, $2,696.00 application fee 4.2 New Quarry Application fir:ir,h7&:30531.y $3,342.00 quarry application 4.4 Amendment Fee $2,229.00 amendment fee 4.5 Conversion to 112 operation(set by statute) $2,696.00 conversion fee 5. Primary commoditie(s)to be mined: sand gravel fill 5.1 Incidental commoditie(s)to be mined: 1. gold _ less tha"' lbs/Tons/yr 2. / lbs/Tons/yr 3. / lbs/Tons/yr 4. / lbs/Tons/yr 5. / lbs/Tons/yr 5.2 Anticipated end use of primary commoditie(s)to be mined: construction materials 5.3 Anticipated end use of incidental commoditie(s)to be mined: n/a • Office of Office of Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines -2 - • O 6. Name of owner of subsurface rights of affected land: Refer to Exhibit If 2 or more owners, "refer to Exhibit O". O 7. Name of owner of surface of affected land: Refer YO Exhibit 8. Type of mining operation: I 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) fl 10th(New Mexico) Ute SECTION(write number): s 34 TOWNSHIP(write number and check direction): T 6 ✓ North South RANGE(write number and check direction): R 66 East ✓ West QUARTER SECTION (check one): D N NW CAE SW QUARTER/QUARTER SECTION(check one): NE I I NW SE nSW GENERAL DESCRIPTION:(the number of miles and direction from the nearest town and the approximate elevation): The City of Greeley is less than 1 mile both north and south of Iverson Mine; approximate elevation 4690'. 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 26 sec 27 .45 (2 decimal places) Longitude(W): deg 104 min 45 sec 33 25 (2 decimal places) OR Example: (N) 39.73691° (W) -104.98449° Latitude(N) (5 decimal places) Longitude(W) (5 decimal places) OR Universal Tranverse Mercator(UTM) Example: 201336.3 E NAD27 Zone 13 4398351.2 N UTM Datum(specify NAD27, NAD83 or WGS 84) Nad 83 13 Zone Easting Northing • -3 - • II. Correspondence Information: APPLICANT/OPERATOR (name,address,and phone of name to be used on permit) Contact's Name: Todd Ohiheiser Title: VP Rocky Mountain Agg. Company Name: Lafarge West, Inc. Street/P.O. Box: 10170 Church Ranch Way, Suite 200 P.O. Box: City: Westminster State: Colorado Zip Code: 80021 Telephone Number: (303 )- 657-4000 Fax Number: (303 )- 657-4172 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Pam Hora Title: Senior Planner Company Name: Tetra Tech Street/P.O. Box: 1900 S. Sunset, Suite 1F P.O.Box: City: Longmont State: Colorado Zip Code: 80501 Telephone Number: (303 )_ 772-5282 Fax Number: (303 )- 772-7039 INSPECTION CONTACT Contact's Name: Anne Best Johnson Title: Land Manager • Company Name: Lafarge West, Inc. Street/P.O. Box: 11409 Business Park Circle, Suite 2000 P.O. Box: _ City: Longmont State: CO Zip Code: 80504 Telephone Number: (303 )_ 684-2307 Fax Number: (303 )_ 684-2327 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): Cropland(CR) Li Pastureland(PL) I General Agriculmre(GA) I I Rangeland(RL) _I Forestry(FR) LI Wildlife Habitat(WL) I I Residential(RS) J I Recreation(RC) Industrial/Commercial(IC) JDeveloped Water Resources(WR) E Solid Waste Disposal(WD) 13. Primary present land use(check one): I J Cropland(CR) �I Pastureland(PL) E General Agriculture(GA) il l II Forestry(FR) LE Wildlife Habitat(WL) B Residential(RS) Recreation(RC) [ industrial/Commercial(IC) Developed Water Resources(WR) 14. Method of Mining: Briefly explain mining method(e.g.truck/shovel): Materials will be mined using front end loaders, trucks and scrapers. 15. On Site Processing: Crushing/Screening 13.1 Briefly explain mining method(e.g. truck/shovel): Material will be excavated with a front-end loader and conveyed to the 35th Avenue Mine plant site to be processed. • List any designated chemicals or acid-producing materials to be used or stored within permit area: See attached Chemical Inventory. 16. Description of Amendment or Conversion: If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s). • • - 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(I)(b): EXHIBIT A Legal Description EXHIBIT B Index Map EXHIBIT C Pre-Mining and Mining Plan Map(s)of Affected Lands EXHIBIT D Mining Plan EXHIBIT E Reclamation Plan EXHIBIT F Reclamation Plan Map EXHIBIT 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(l)(b) ADDENDUM 1-Notice Requirements(sample enclosed) Rule 6.5 Geotechnical Stability Exhibit(any required sections) The instructions for preparing Exhibits A-S, Addendum 1, 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 arc 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 /7/Oerstand these obligations then please contact this Office for a full explanation. I /1/72 �. 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- • es.--.--.42 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; �----Cc 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; '� ) v 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office; \I 5. It is your responsibility to notify the Office of any changes in your address or phone number; 6. Upon permit issuance and prior to beginning on-site mining activity,you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information(Rule 3.1.12): a. the name of the operator; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, c. the permit number. //I O v 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. �P 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 I, 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as the pemrittec,to continue to pay your annual fee to the Office until the Board releases you from your total reclamation �� responsibility. 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 appl ication. • - 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 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 perinit pursuant to section 34-32.5-123, C.R.S. Signed and dated this 20 day of -/z4n�ar y .2O1/ • Lafarge West, Inc. If Corporation Attest(Seal) Applicant/Operator or Signed: Company ame ` �Si g Signed: Corporate Secretary or Equivalent Title: VP Rocky Mtn. Agg. for Lafarge West, Inc. Town/City/County Clerk State of Q-0'too-,�� ) ss. County of C SCE._ra �) The foregoing instrument was ac g3c�,clgNet`d' ;likfp e this a D' - day of 3,°3v by7oc1.L O " - • AR .<t (NA:\ kc of - a try WosF;• • A •.T.°AUgO v9 Notary Pub is MYC0C ON My Commission expiresTie 1a-A t L- EXPIRES JULY 27,2013 • 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 Metes and Bounds Legal Description A TRACT OF LAND LOCATED IN SECTION 34, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 34, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, THENCE ALONG THE SOUTHERLY LINE OF THE NORTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 34 SOUTH 89°41'57" WEST 40.00 FEET; THENCE NORTH 00°16'07" WEST 405.95 FEET; THENCE NORTH 23°50'48" WEST 75.00 FEET; THENCE NORTH 00°16'07" WEST 150.00 FEET; THENCE SOUTH 87°03'15" WEST 174.24 FEET; THENCE NORTH 27°12'56" WEST 45.02 FEET; THENCE SOUTH 86°44'46" WEST 56.85 FEET;THENCE NORTH 34°00'35" WEST 49.86 FEET; THENCE SOUTH 87°51'00" WEST 204.98 FEET; TIIENCE SOUTH 28°00'20" WEST 534.54 FEET; THENCE SOUTTI 81°53'27" WEST 344.11 FEET; THENCE SOUTH 56°28'44" WEST 370.39 FEET; THENCE NORTH 24°15'41" WEST 251.77 FEET; THENCE NORTH 30°09'14" WEST 98.58 FEET;THENCE NORTH 17°30'33" WEST 160.02 FEET; THENCE NORTH 18°57'47" WEST 143.92 FEET; THENCE • NORTH 02°42'55" WEST 173.80 FEET; THENCE NORTH 35°43'13" EAST 108.38 FEET; THENCE NORTH 11°17'26" EAST 175.61 FEET; THENCE NORTH 07°20'34" WEST 151.58 FEET; THENCE NORTH 21°38'39" WEST 388.58 FEET;THENCE NORTH 30°54'13" WEST 435.35 FEET; THENCE NORTH 48°13'45" WEST 682.62 FEET; THENCE NORTH 07°40'04" EAST 102.13 FEET; THENCE NORTH 45°45'30" EAST 232.97 FEET; THENCE NORTH 68°13'23" EAST 202.22 FEET; THENCE NORTH 89°27'07" EAST 181.53 FEET; THENCE SOUTH 66°39'28" EAST 281.39 FEET;THENCE NORTH 88°02'54" EAST 212.62 FEET; THENCE SOUTH 73°03'21" EAST 310.76 FEET; THENCE SOUTH 59°21'11" EAST 258.18 FEET; THENCE SOUTH 16°33'03" EAST 135.23 FEET; THENCE SOUTH 02°21'42" EAST 263.95 FEET; THENCE SOUTH 28°09'28" WEST 247.40 FEET; THENCE SOUTH 13°02'13" WEST 186.72 FEET; THENCE SOUTH 07°02'08" EAST 299.44 FEET; THENCE SOUTH 56°08'50" EAST 280.64 FEET; THENCE SOUTH 66°19'04" EAST 176.49 FEET; THENCE SOUTH 79°55'12" EAST 120.69 FEET; THENCE NORTH 78°40'34" EAST 94.91 FEET;THENCE NORTH 58°30'58" EAST 196.95 FEET;THENCE NORTH 40°50'03" EAST 107.99 FEET; THENCE NORTH 83°20'12" EAST 52.87 FEET; THENCE NORTH 67°56'31" EAST 54.45 FEET; THENCE NORTH 35°04'23" EAST 47.47 FEET; THENCE NORTH 85°08'25" EAST 62.80 FEET MORE OR LESS TO A POINT ON THE EAST LINE OF THE NORTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 34; THENCE ALONG SAID EASTERLY LINE SOUTH 00°16'07" EAST 631.57 FEET; THENCE SOUTH 77°20'45" EAST 417.14 FEET; THENCE NORTH 12°39'15" EAST 10.00 FEET; THENCE SOUTH 77°20'45" EAST 223.33 FEET: THENCE NORTII Iverson Mine • DRMS 112 Reclamation Permit Application Page Al of A2 • 83°42'28"EAST 73.33 FEET; THENCE SOUTH 06°17'32" EAST 10.00 FEET; THENCE NORTH 83°42'28" EAST 564.51 FEET; THENCE NORTH 41°44'09' EAST 44.61 FEET; THENCE ALONG A LINE BEING 30.00 FEET WEST OF AND PARALLEL WITH THE EASTERLY LINE OF THE NORTHEAST ONE-QUARTER OF THE SOUTHEAST ONE- QUARTER OF SAID SECTION 34,NORTH 00°14'10" WEST 752.48 FEET; THENCE ALONG A LINE BEING 30.00 FEET WEST OF AND PARALLEL WITH THE EASTERLY LINE OF THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 34 NORTH 00°11'59" WEST 647.80 FEET MORE OR LESS TO A POINT ON THE NORTHERLY LINE OF THE GREAT WESTERN RAILWAY RIGHT-OF-WAY; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE SOUTH 73°53'13" EAST 31.26 FEET TO A POINT ON THE EASTERLY LINE OF THE SOUTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 34;THENCE ALONG SAID EASTERLY LINE SOUTH 00°11'59" EAST 639.00 FEET MORE OR LESS TO THE EAST ONE-QUARTER CORNER OF SAID SECTION 34; THENCE ALONG THE EASTERLY LINE OF THE NORTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 34 SOUTH 00°14'10"EAST 799.41 FEET; THENCE SOUTH 83°42'28" WEST 622.55 FEET; THENCE SOUTH 06°17'32" EAST 10.00 FEET; THENCE SOUTH 83°42'28" WEST 80.00 FEET;THENCE NORTH 77°20'45" WEST 230.00 FEET; THENCE NORTH 12°39'15" EAST 10.00 FEET; THENCE NORTH 77°20'45" WEST 412.55 FEET MORE OR LESS TO A POINT ON THE EASTERLY LINE OF THE NORTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF' SAID SECTION 34; THENCE ALONG SAID EASTERLY LINE SOUTH 00°16'07" EAST 634.96 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 66.5 ACRES, MORE OR LESS. • Mine Entrance Location The location of the mine entrance is: Latitude (N): 40°26' 27.45" Longitude (W): 104°45' 33.25" Iverson Mine DRMS 112 Reclamation Permit Application • Page A2 of A2 a 18,,' jn 9 10 11 12 - �g t`% G g I 1 4\ I wI. ` co up r a Ct a COUNTY RD 70 .._ i ..� sI o o z1 -<14 g 17 16 w b _ ` I \ l o� Z _.®.. ..__5-fATE,H3fl2j _I STATE H .. �� 1 \ ac w D 20 21 ( �� 23 24 19 m c - ca �� V n. . > - 20 21 , co c IVERSON y ` MINE lil )3 w . . 29 ,23 28 \27 V 6 29 28 o ,2.000NTYR) 64 ._ r '�.. �� 0ST --r al ` li a ,t`� CACHE LA POUDRE RWER 33 7 3 � � 32 1 y 33 34 -I.- 35 h UTM-�36=n -t L3 � 0 31 \ A NJ I ()Li _ > ,,,,-;\� UNTY RD \ � �J� F 8� �� \ V V , �9 �t i .. T5N a �,, A'� �y ryA t \ \\''', ,,;., am,. � � t 4 m V� «s� A X�(; L} ' h t 1A�fii v �= v � , " \:,CITY OF GREELEY v � v� %.1644,i8iFi3 1 '\ O -\`-‘41\-1 RpTi�St�" o• V \A V V � . o 1bV \'f \ -`;',\ 14 �,`, t3=� 'ti \A�8. xT 17 1 , 16 v ,'\ V :s \ y A cn N3� • US 3 vt \v \ " \ . \ i 2 _ sT`b20'yi 0 3000' 6000' m m ._.o SCALE: 1"=6000' Lin \ Project No.: 133-23511-10002 TETRA TECHi' Date: 10-21-10 IVERSON MINE Designed 8y: MM www.tetratech com B INDEX MAP EXHIBIT 40. • o 1900 S.Sunset Street,Ste.1-F Longmont,Colorado 80501 LAFARGE WEST, INC. PHONE:(303)772-5282 FAX:(303)772-7039 - ,_ Copyright: Tetra Tech • DRMS RECLAMATION PLAN Attached is a copy of the Reclamation Plan for the Iverson Mine, as submitted to the Division of Reclamation, Mining and Safety. • • Iverson Mine Weld County Special Review Application Naal e,l Bl vfixeeo0 • tL a0flS leans lesuns 0 006 _ 133HG a3AOO 888.8,81-8, - ry C r HO311111131 3NIW LieiHx3 NOS213AI gj � � wnLN 000YdRaa 006'4 8 OQCA'Jl0'J'AIN110'Jal3M iF € EE8 Ae NOI1dl8JS30 31n0 Nawww ONI 1S3M30~-8 E o z 0 3a $ 5i ' °a' w 2R io> ri,. V 0 z- -- .. 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Q49e 5. occ vp H `^E 'i I i 11 r' J cc-2 77 a "r9 ��, r� iz = _" l a �Y I �� . a l 1 r ` V�� J J G f $1..k ( .to '. s�� _� / r fire _s -4 i I i/ i}.� 9590, f d l � 13114 s cYrr l l � I z tf t std ° y% rt 144 O Z sa v" (� �_ 3 �_l� , l 1 g 1 i (( V g ¢ " sd �— o _ c't f a' f l �n 1. 7 ��'/": 9es%�� a "\ a >�� 'l\ Cq",� }} 4 �I /� .'1/,/2 Id X4'2 `- ,, " ,, ;, ,� " Y � ,'' ' ` r ' a r ,_ ix _-,:. e N w o I o I m a 13%40 w NOSILIO11 CAC 133HS d1IEIHX3-LOL-CA4IFIIHX31SMtl0\S31Id133HS\CVO\Z0004-Lt5CZYCL\L ISCZ1-d-INS 9Cit-t CUM I/C 4 • WATER CONSUMPTION AND REPLACEMENT Attached please find a letter from Richard Raines with Applegate Group, Inc. which addresses water consumption issues at the Iverson Mine and a letter from Mr. Iverson acknowledging that it is his responsibility to ensure that the water will be replaced. • • Iverson Mine Weld County Special Review Application Page I of I • WATER CONSUMPTION AND REPLACEMENT Following is an explanation of how Water Consumption and Replacement is being addressed for the Iverson Mine: Water Consumption: 1. An analysis of the amount of water which will be required to be replaced for each phase of the MINING operation and build out. The Iverson Mine is proposed to be mined as one phase. As described in the attached letter from Jared Damns with Applegate Group, Inc., the steady-state mining depletions are projected to be approximately 15.97 acre feet per year. 2. The analysis should address the amount of water consumed in the MINING and processing of the material, including dust suppression. As indicated in the attached letter from Applegate, the 15.97 acre feet per year includes evaporation from the dewatering trenches, water removed with the mined product, and dust control use. It does not address water depletions from material processing because this will all occur at the 35`h Avenue Mine site. 3. The analysis should address the issue of water consumed for domestic purposes by onsite staff. Bottled water will be provided for on-site staff to drink and portable toilets with a hand washing facility will be provided for the on-site staff to use. Water used at the hand washing facility will be trucked in. Therefore, Applegate's letter did not need to address domestic water consumption. 4. The analysis should address the issue of evaporative losses consumed from exposed groundwater, including a discussion of the feasibility of lining. The Applegate letter addresses both the augmentation requirement that will be assessed when the pit fills with water once mining is complete and Lafarge stops dewatering as well as the steady-state depletions following reclamation. It is estimated that the first-fill depletion volume will be 1,066 acre feet and that the steady-state depletion following reclamation will be 129.72 acre feet per year. Lafarge and the landowner are currently evaluating the feasibility of lining the proposed lake. Water Replacement Source: 1. A description of the surface and well water rights and its anticipated yield, when converted, to be used as replacement for the water consumed in the MINING operation. The Iverson own 6 '4 shares of Greeley Irrigation Company water which is the equivalent of approximately 64.44 acre-feet of water per year on average. This water will be used as replacement for the water consumed during the mining operation. 2. Projections as to the timing of replacements to the river system from these sources. Lafarge will include the Iverson Mine in a Substitute Water Supply Plan (SWSP) that will be submitted to the Division of Water Resources prior to operating. The SWSP will lay out the timing of replacement water to be delivered to the river system. • Iverson Mine Weld County Special Review Application Page I of 2 3. A description of methods proposed to monitor, prevent and mitigate against direct injury to . users for wells in the vicinity of the gravel operation as a result of alterations in the groundwater regime occasioned by the mining operation or to said impacts. In conjunction with the DRMS 112 Reclamation Permit application, Tetra Tech prepared a Groundwater Monitoring and Mitigation Plan. A copy of this Plan is attached. Iverson Mine Weld County Special Review Application Page 2 of 2 ,;Applegate Group, Inc. October 21,2010 Mr. Corey Hansen Lafarge North America, Inc.-Western U.S.Region 10170 Church Ranch Way, Suite#200 Westminster,CO 80021 Re: Augmentation Water Estimate for the Iverson Property • Dear Corey: Per your request, we have estimated the consumptive use of water at the proposed mining operation on the Iverson property and the associated need for augmentation water. The Iverson property is located in Section 34, Township 6 North, Range 66 West as shown in the attached figure. The consumptive use estimate is based on mining assumptions you have provided, which are as follows: while mining operations are active the site will be dewatered at a rate of 3,400 gpni using 8,525 ft of • dewatering trench. Annual production is expected to equal 600,000 tons per year and water use for dust control will be approximately 6;0 ac-ft per year. The seasonal distribution of mining and dust control is assumed to be 10%winter and 30%each in the spring,summer, and fall. The pit will be a maximum of 29 ft deep, with the groundwater table located at a minimum depth of approximately 5 ft. Upon completion of mining, the dewatering operations will cease and the pit will fill with water up to the level of the groundwater table. The reclaimed site will consist of an unlined pond that is 44.4 acres in size. We evaluated the consumptive use of water at the Iverson property at three distinct points during the life of the mine. First, we evaluated the steady-state depletions which would occur during mining operations. Next, we evaluated the post-pumping and "first-fill" depletions from the pit that will occur after dewatering operations cease. Finally, we evaluated the long-term steady-state depletions that will result from evaporation off of the unlined 44.4 acre pond that will exist after the site has been fully reclaimed. According to NOAA Technical Report NWS 33, gross annual evaporation in this area totals approximately 45 inches per year; the monthly pattern of evaporative loss was determined in accordance with Colorado Division of Water Resources (CDWR) guidelines. A credit for effective precipitation(equal to 70%of gross precipitation) is typically allowed by the CDWR which reduces the amount of evaporative loss assessed; we assumed that the average gross precipitation at this location was equal to the amount measured at the nearby Greeley UNC climate station, or 14.2 in. Therefore„net lake evaporation in this area was estimated to equal 2.92 ft per year and is distributed monthly as follows: 1499 West 120th Avenue, Suite 200 (303)452-6611 • Fax(303)452-2759 Denver, Colorado 80234-2759 www.applegategroup.corn Mr. Corey Hansen RE:Augmentation Water Estimate for the Iverson Property alk October 21,2010 IF Page2of3 Month Jan Feb Mar Apr May Jun Jul Aug- Sep Oct Nov Dec Total %of Animal Evap 3.0% 3.5% 5.5% 9.0% 12.0% 14.5% 15.0% 13.5% 10.0% "7.0% 4.0% 3.0% 100% Gross Evap[in] 1.35 1.58 2.48 4.05 5.40 6.53 6.75 6.08 4.50 3.15 1.80 1.35 45.00 Gross Precip[in] 0.49 0.37 1.14 1.68 2.55 1.94 1.45 1.15 . 1.14 -0.99 0.85 0.45 14.20 Effective Precip[in] 0.34 0.26 '0.80 1.18 1,79 1.36 1.02 0.81. 0.80 0.69 0.60 0.32 9.94 Net Eva!)In] 0.08 0.11 0.14 .0.24 , 0.30 0.43 0.48 0.44 0.31 0.20 0.10 0.09 2.92 • In the past, the CDWR has assumed that wells within 100 ft of a live stream result in Instantaneous depletions to the stream system. Due to the close proximity of the proposed permit boundary and the Cache la Poudre River,we assumed that any consumptive use at the pit would result in instantaneous depletions to stream; therefore no lagging of depletions was performed. Please note that this is an unwritten policy of the CDWR and could change in the future; consultation with the CDWR will be required before administration of the depletions as instantaneous can be made. Steady-State Mining Depletions Steady-state depletions resulting from mining at the Iverson property will consist of evaporation from the dewatering trenches, water,removed with the mined product, and dust control use. The mined material:will be washed at the nearby 35th Avenue Pit, so additional water depletions from material washing were not included in this estimate. We assumed that the dewatering trenches would be 2 ft wide, resulting in an exposed area • approximately 0.4 acres in size. Pursuant to CDWR guidelines for unwashed material mined below the water table in a dewatered state, we assumed that water removed with the mined product would have a moisture content of 2% by weight. Dust control use in the amount of 6 ac-ft per year was assumed to be 100%consumptive. Based on these assumptions, we determined that the steady-state mining depletions would be approximately 15.97 ac-ft per year as shown in the below table: All values In ac-17 unless noted othenrise Month Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Evaporation 0.03 0.04 0.05 ' 0.09 0.12 0.17 - 0.19 0,17 0.12 0.08 0.04 _ 0.03 1.14 Ops Distribution . 3.3% 3.3% 10.0% 10.0% 10.0% 10.0% 10.0% 10.0% 10.0% 10.0% 10.0% ' 3.3% 100% Production[tons] 20,000 20,000 '60,000 - 60,000 60,000 60,000 60,000 60,000 60,000 60,000 60,000 20,000 600,000 Water in mined product 0.29 0.29 0.88 0.88 0.88 0.88 0.88 - 0.88 0.88 0.88 0.88 0:29 8.83 Dust control 0.20 -0.20 0.60 0.60 0.60 0.60 0.60 0.60 0.60' 0.60 0.60 0:20 - 6.00 Total Depletions 0,53 0,54 1.54 1,58 1.60 - 1.65 1.67 1,65 1.60 1,56 1.52 0.53 15,97 Post-Pumping and First-Fill Depletions Following cessation of dewatering operations, the Cache la Poudre River will experience depletions as the mined depression fills with groundwater. These "first-fill" depletions can be modeled as a well that pumps an equivalent volume needed to fill the pit. A conservative estimate of the volume of water needed to fill the pit was obtained by multiplying the pit surface area by the depth of water that will result once dewatering operations stop. This water depth is equal to the pit depth minus the groundwater table depth, or 24 ft. ' For a 44.4 acre pit, the fill volume is therefore approximately 1,066 ac-ft. This number represents the one-time augmentation requirement that will be assessed at ak the time the pit fills. Although it does not account for the final slopes of the reclaimed pit (which Mr. Corey Hansen RE:Augmentation Water Estimate for the Iverson Property • October 21, 2010 Page 3 of 3 would serve to reduce the first-fill volume), this estimate also does not account for any bank storage that would also be filled (which would serve to increase the first-fill volume). It is only a tough " estimate and more in-depth analysis may be warranted prior to the first-fill. Due to the close proximity of the Iverson property to the Cache la Poudre River, the affects of dewatering on the stream are assumed to be instantaneous. Therefore, we assess that there will be minimal post-pumping depletions to the stream after dewatering ceases. Note that the instantaneous nature of the depletions at the pit also means that it would be possible to fill the pit during a free-river period and avoid an augmentation obligation for the 1,066 ac-ft first-fill volume. By carefully coordinating with the District 3 Water Commissioner and strategically turning off the dewatering pumps at the beginning of a sufficiently long free-river period,the pit could potentially fill at a time when no downstream water users would be injured and therefore no augmentation water would be owed. As stated previously,coordination with the CDWR would be required in advance to ensure that depletions from the pit may be administered as being instantaneous. Steady-State Depletions after Reclamation Following reclamation of the site,a 44.4 acre unlined pond will exist on the Iverson property. Evaporation from this pond will result in depletions to the Cache la Poudre River. We estimate that these depletions will equal approximately 129.72 ac-ft per year as shown in the below table. Replacements for these depletions will be required for as long as the pond exists. All values in ac-ft • -.Month Jan Feb. Mar Apr May Jun Jul Aug Sep Oct - Nov Dec Total Evaporative Depletions. 3/3 4.87 6.20 10.63 13.38 1942 21.22 19.50 13.70 9.09 446 3.83 129.72 Summary The augmentation water estimate for the Iverson property is as follows: • Steady-state mining depletions= 15.97 ac-ft per year • Post-dewatering first-fill depletions= 1,066 ac-ft • Steady-state depletions after reclamation= 129.72 ac-ft per year If you have any questions or need further information, please contact me at(303)-452-6611 or email jareddains@applegategivup.com. Cordially, Applegate Group, Inc. ) n ___ Jared Damns,E.I. Water Resource Engineer JMD/ta cc: AG File No.05-105 N105105 Lafarge Water Planning'Disciplines(Trchnical)1Waler RightsWoudre LT Planning\herson PropertyJlr Iverson Water Req 10.20.2010.docx 0 L end S34,T6N, H66W Proposed Pond III r_,-7... Proposed Permit Boundary ,, 0 ( mac. ,. ty. �,. yq ate. ;•; ` 'a,J a =' ,` �.� C>±r�,a�9-.,.,,�,� �r� Ski • , k ,f s� .- xt 4g � d/ � '- / z: 4ri h !# -+' > r �`„ *ow.� e`er a # t Jam ; aE� a ' X43rfc,'}� d� R', ''' s,� Xk„' y' ro ; a�}'< � 4q t` ._t% ,,/ — �ye., s, , xs• ,i ' . p 9 ...,„L,-,—. a fr s w . ' ',' .,e Y5 It '4': <\ ✓� 1 y 1 a tsi t, E � �'..�.�. ,yam °.. `� ; o A.,- dnr4� • f - r � @ A ,, .. . c1 !Xr• i , , i.rL4J SU ,&m.. r °;. ri."� .,,,,,,,,, - . - 1 t`I ' s r .R,- f:. .`# 74' 4° "4 +Y� 4,�,``'_ e& a Applegate IVERSON PROPERTY Date: ai Oct 2010 Figure: �3 ii Group, jr.::::::: ob#:05 105 1 i i Water Resource Advisors for the West ,...3 c,";: 1499 West120thAve,Ste20tl phone:[303)452.6611 Overview Map Denver co 802 34-nzs Fac:(303)452 2759 Drawn By:JMD [ 1 www.ApplcgateGroupeom email,infoypleg:teeoupwnl on • Lafarge West, Inc. — Iverson Mine Groundwater Monitoring and Mitigation Plan PURPOSE This Groundwater Monitoring and Mitigation Plan is prepared as part of Lafarge's application to the Colorado Division of Reclamation, Mining and Safety (DRMS) for a permit to mine the Iverson property. This plan presents the methods and locations for monitoring of groundwater during gravel mining and site reclamation activities. Although adverse impacts to groundwater are not anticipated as a result of Lafarge's activities at the Iverson property,this plan also addresses how any adverse effects to groundwater would be mitigated, should they occur. As is required in the lease agreement between Lafarge and Tim Iverson, the land owner, Mr. Iverson, will file a Temporary Substitute Water Supply Plan with the State Engineer's Office to address any depletions due to operations on the Iverson property. The temporary substitute water supply plan is designed to protect senior vested water rights and mitigate potential depletions of flows in adjacent waterways. BACKGROUND The Iverson property is located in Weld County, Colorado. The site occupies approximately • 66.5 acres in the central portion of Section 34, Township 6 North, Range 66 West. The Cache la Poudre River channel borders the site on the west, north, and a majority of the east side. The adjacent property to the east is owned by the City of Greeley, and the adjacent properties to the south are private residential parcels. There are several other mining operations in the vicinity. Sand and gravel will be extracted by the"dry" mining method. Mine cells will be dewatered using a perimeter drain to facilitate extraction of the gravel. The actual mining limits are anticipated to cover approximately 45.1 acres. The rate of mining and overall life of the mine is dependent upon demand and market conditions. Following mining, the Iverson property will be reclaimed with upland and an unlined pond. The dewatering system during mining will discharge to the Cache la Poudre River via discharge points proposed in the mine permit. Dewatering of the Iverson property would lower the groundwater levels to a limited extent in the surrounding alluvial aquifer. Effects on groundwater levels beyond the Iverson property are projected to be limited due to the boundary affect of the Cache la Poudre River. Mining should not have significant adverse effects on groundwater users in the adjacent areas as such users are located on the opposite side of the river or at relatively lengthy distances. Lafarge's groundwater monitoring wells are located between Iverson Mine • Groundwater Monitoring and Mitigation Plan Page l of 6 the proposed mine cell and wells located to the south of the property. Monitoring of the Lafarge wells will recognize any potential impacts to groundwater in the vicinity of these wells prior to directly impacting the well. Monitoring Well Installation Lafarge has installed a total of eight monitoring wells in the area of the Iverson Property. Four of these wells are located on the Iverson property and four are near the proposed mine, within the City of Greeley property to the east. The monitoring wells were installed outside the limits of contemplated mining, and near adjacent properties, so that groundwater levels can be monitored during and after mining. The monitoring wells were constructed of 2-inch Schedule 40 PVC casing and screen extending to the bedrock. Each of the monitoring wells was finished at the surface with a locking, above ground, steel protective casing set in concrete. The monitoring well locations are provided in Figure 1. The objectives of the well installation and monitoring program are to monitor current groundwater conditions and to provide a basis for assessing potential effects to groundwater levels during and after the proposed mining. Through the well monitoring program, pre-mining groundwater elevations, flow patterns across the property, and seasonal fluctuations will be documented. Well Inventory A well inventory for the site and adjacent areas was conducted to identify wells near the project. • The inventory consisted of a review of well records (Registered Wells) on file with the Colorado Department of Natural Resources, Office of the State Engineer(SEG) as well as mailings and meetings with nearby property owners. The search of State records indicated that there are forty-four permitted wells (excluding those owned or operated by Lafarge) within 0.5 mile of the Iverson property (Figure 2). Twenty-eight of these wells are on the opposite side of the Cache la Poudre River. The SEG requires a 600-foot well spacing agreement statement from the well owners who have wells within 600 feet, at least six months prior to the commencement of mining of a relevant phase. The well research indicated that there is one permitted well within 600 feet of the proposed permit boundary. The well is identified below. Permit: 201210 Owner: Tim and Jeanne Iverson 5011 F Street Greeley, CO 80631 Use: Domestic Location: NW YQ SE Y Sec. 34, 6N, 66W Iverson Mine Groundwater Monitoring and Mitigation Plan Page 2 of 6 • • The owner reports this well is 210 feet deep, 6-inches in diameter and is used for domestic purposes. Mining on the Iverson property is not expected to have significant effects on this well because the well's screened interval is in a significantly deeper bedrock zone that should not be impacted by the dewatering of the shallow alluvial aquifer. Additionally, a well located at the same location as the above mentioned well that was not in the database. Permit: NA Owner: Tim and Jeanne Iverson 5011 F Street Greeley, CO 80631 Use: Domestic Location: NW '/ SE '/ Sec. 34, 6N, 66W The owner reports this well is 12 feet deep, 6-inches in diameter and is currently not in use. Mining on the Iverson property could potentially affect water levels in this well. The State record search indicated that there are potentially two other wells located within 600 feet of the permit boundary. The search indicated that wells are located at the center of the NE '/4 SW '/4 Sec. 34, 6N, 66W indicating that they are approximately located. The well owner would not grant access to the property for a more accurate assessment of the location of these wells. However, these wells are on the opposite side of the river and should not be affected by the mining due to the boundary affect of the river. • MONITORING AND MANAGEMENT Groundwater Monitoring Eight monitoring wells were installed in the area as shown on Figure 1. Four of the wells are on the Iverson property and four are within the City of Greeley property to the east. Groundwater level monitoring of the wells began in April 2009 and the wells have been monitored on a monthly basis since installation to establish a site-wide baseline. Once mining begins, monitoring will be continued on a monthly basis with water levels reported in the Annual Reclamation Report. Once a steady state condition is reached, Lafarge may choose to adjust the monitoring interval to a bi-monthly then a quarterly basis that will have to be approved through a Technical Revision submitted to the DRMS. Table 1 provides the existing groundwater level measurement data for the site piezometers. Reporting Lafarge will prepare and submit a report on baseline groundwater levels, utilizing data from the four existing Iverson monitoring wells as well as the City of Greeley property monitoring wells in the monitoring program. Thereafter, groundwater monitoring data will be submitted with the annual progress report to the DRMS and copied to the Weld County Department of Planning Iverson Mine Groundwater Monitoring and Mitigation Plan Page 3 of 6 Services. If Lafarge receives a complaint from a well owner, Lafarge will submit their • groundwater monitoring data to the DRMS within 24 hours. A copy will also be provided to the Weld County Department of Planning Services. Wells Within 600 Feet As discussed above, Tetra Tech confirmed one permitted well within 600-feet of the proposed permit boundary. Lafarge will work with the owner of the well to negotiate a 600-foot well spacing agreement at least six months prior to the commencement of the relevant mining phase. Lafarge will attempt to reach an agreement with any other wells that are confirmed to be within 600-feet of the Iverson Mine. MITIGATION Monitoring data will be used to help identify potential changes in alluvial groundwater flows or elevations associated with mining and reclamation activities. Baseline data collected from the monitoring program will provide a range of water levels associated with pre-mining groundwater conditions. Experience at other sand and gravel mine sites in similar geologic settings, and baseline monitoring conducted to date, indicate that groundwater levels tend to fluctuate up to several feet per year, being highest in the summer and lowest in the winter and early spring. Due to normal seasonal fluctuations, Lafarge proposes to define the trigger point for the start of potential mitigation procedures as two feet of drawdown relative to historic conditions in the applicable season. The amount of drawdown relative to the mitigation trigger point would be • calculated and assessed relative to one standard deviation from the mean of measurements collected during the applicable season. Mitigation measures would be implemented after receipt of an owner complaint and confirmation of the two foot trigger point. Potential mitigation measures are discussed below. Hydrogeologic conditions, the river boundary and the distance from wells, indicate that there should be no significant effect on local groundwater users due to the mining on the Iverson property. If Lafarge receives a complaint from a well owner, Lafarge will initiate an evaluation of the cause and notify the DRMS immediately. After the DRMS has been notified, Lafarge will review the available data and information and submit a report to the DRMS within 30 days. To the extent practicable, the report will identify the extent of potential or actual impacts associated with the changes. The evaluation will include discussions with any well owner who has contacted Lafarge regarding a concern and review of available data from the well and vicinity to evaluate the cause of any changes (e.g., seasonal variations, climate, mining by Lafarge, mining by others, or other factors). Lafarge would also enlist the service of a contract professional hydrogeologic consultant to provide an opinion and meet with the Division to discuss the findings. If the claim cannot be resolved with this information, Lafarge would fund the service of a 3`d party consultant agreeable to the Division to render a separate opinion. If Lafarge's mining or reclamation activities are determined to be a Iverson Mine Groundwater Monitoring and Mitigation Plan Page4of6 • • • significant contributing factor that has or may create adverse impacts, the mining-associated impacts will be addressed to the satisfaction of the DRMS. An initial temporary mitigation measure (for cases in which Lafarge's operation is a suspected cause)may entail providing an alternative water supply that meets the documented historic well production, or need, until further investigation can be conducted to determine if the well condition is due to Lafarge's mining operation. If, after review, the DRMS determines that the impact on a well,for which temporary mitigation has been initiated, is not a result of Lafarge's activities, or is not solely a result of Lafarge's activities, then Lafarge shall reduce or cease mitigation accordingly with the approval of the DRMS. Mitigation measures, divided into temporary and long term, may include, but are not limited to: Temporary: • Compensation for well owner to use their existing treated water system to replace the well production loss; • Provide a water tank and deliver water as necessary to meet documented historic well production or need; • Other means acceptable to both the well owner and Lafarge. Long-Term: • Cleaning a well to improve efficiency. • • Providing an alternative source of water or purchasing additional water to support historic well use in terms of water quantity and quality. If needed, water quality parameters will be checked in affected wells to ensure alternative sources support the historic use. • Modifying a well to operate under lower groundwater conditions. This could include deepening existing wells or lowering the pumps. All work would be done at Lafarge's expense with the exception of replacing equipment that was nonfunctional prior to the impact. • If existing wells cannot be retrofitted or repaired, replacing the impacted well with a new well. • Providing groundwater injection/recharge to eliminate or reduce offsite impacts. Iverson Mine Groundwater Monitoring and Mitigation Plan 411 Page 5 of 6 Table 1 • Water Level Measurements (Elevation, feet below ground surface) Date Iverson Iverson Iverson Iverson City City City City MW-1 MW-3 MW-4 MW-9 MW-2 MW-5 MW-6 MW-7 04/07/09 9.69 8.63 10.03 6.03 9.56 11.63 13.51 15.41 05/05/09 8.35 6.72 8 6.15 6.75 9.21 11.43 13.7 06/02/09 7.12 5 6.35 4.95 5.12 8.36 10.22 11.98 07/07/09 8.55 6.7 8 5.4 4.62 6.03 8.5 12.9 08/10/09 8.16 6.65 6.65 6 3.55 5.13 6.65 9.62 09/01/09 8.27 6.76 6.75 6.14 3.89 5.23 6.78 10.01 10/06/09 8.33 6.8 6.8 6.18 4.02 5.33 6.82 10.11 11/10/09 9.06 7.61 7.59 7.22 4.68 6.05 7.14 12.7 12/01/09 9.08 7.67 7.61 7.24 4.71 6.05 7.11 12.77 01/01/10 9.05 7.66 7.58 7.2 4.69 6.06 7.14 12.76 02/01/10 9.1 7.7 7.6 7.23 4.73 6.1 7.16 12.78 03/01/10 8.92 7.56 7.58 7.14 4.67 6.02 7.14 12.69 04/01/10 8.88 7.5 7.52 7.01 4.65 5.98 7.12 12.66 05/01/10 8.63 7.51 7.5 6.99 4.7 6 6.22 12.8 06/01/10 8.54 7.28 7.55 5.11 5.5 6.03 5.72 13.94 07/13/10 8.63 7.25 8.1 5.96 5.72 6.12 5.89 14.2 08/01/10 8.86 7.53 8.21 6.08 5.8 6.28 5.92 14.31 • 09/01/10 8.62 7.51 8.02 6.14 5.62 8 9.32 14.2 10/22/10 8.71 7.45 8.26 6.02 6.15 8.44 10.44 14.68 11/12/10 8.80 7.49 8.31 6.10 6.21 8.48 10.52 14.63 12/8/10 9.14 7.60 8.48 6.24 6.36 8.68 10.61 14.80 Iverson Mine Groundwater Monitoring and Mitigation Plan • Page 6 of 6 • `L m w ------'. z �. ..._. c L IVERSON-MW-09 �� ,--E-,-, =R`1.,./1-4-71-4-7---_____...,_ a o N A o y�'' �• / 1 '``".. r '� 4Oea `` / I § : •.'' -..p \ 1 CITY-MW-07 �'4- • r n \' P I a. I IVERSON � /0 PROPERTY 1 I I cai a / IVERSON-MW-03_� 1 CITY OF GREELEY 1 o • a( 1 PROPERTY 1 E � 9 t iVERSON MW 04 • m , . m CITY-MW-06 i -�'�1 CITY MW 05 x :� i lC —�"""' 1 i 1 u ..: - = % -�'� 1 CITY-MW-02 \I!" tj �, ;It �o WEST F STREE 0 IVERSON-MW-01 , 17 U, In O a: O z 0 300' 600' 4D a_ a 0 O 0 Drawing Description Project No.: 133-23511-10002 0 TETRA TECH MONITORING WELL LOCATION MAP Date:lit 12-1-10 °' IVERSON&CITY OF GREELEY E Designed By: E PROPERTIES • a www.tetratech.com Figure No. 1900 S.Sunset Street,Ste.1-F A cow Longmont,Colorado 80501 I PHONE:(303)772-5282 FAX:(303)772-7039 Copyright: Tetra Tech CL W m 0 W gtr. ,;,, t _ae, cn aa Z p II R.t 4 a a , 11 p1 r Z t. 0] H y O tt rv1 j/ 1 ,x '. ,�a a 0 ♦` t CRY-1,W�, a,;,,,.r.,,L ',"- i 1 s _ -y._ C \i k ax {■ _. CITY f -I PROPERTY 3 e a Q I 4 _ V. d al za Ii' ! ,s -I"Y.MN G2 V- I J A II _u ;, WTI a I a Ill Ea / _ X a „ a w a 5) 1 -II 11 is ^.l.ipe Gnu rtuI g:. N ..` 'ii a r a co _ '.:.. O o two a b r*y wE ' °o 'n .� -^ ,• m'o ¢a r at - O O Ay «a .: x N 1 NUMBER REPRESENTS 1 WELLS INAREA7 LEGEND !n - >t ®(6) WELL LOCATED WITHIN N QUARTER/QUARTER SECTION a z GI" ® ACTUAL MEASURED WELL LOCATION 0 700' 1400' o 0IVERSON1 LAFARGE MONITORING WELLS INCLUDED ImoCITY IN MONITORING PROGRAM a O a.. .R — _ _ .. .,. ONE-HALF MILE BOUNDARY a) rt o Drawing Description Project No.: 133-23511-1002 O WELL LOCATION MAP Date: 12-1-10 ' i TETRA TECH E WITHIN 1/2 MILE Designed By: JD o www.tetratech.com OF THE IVERSON MINE Figure NO. 1900S.Sunset Street,Ste 1-F IVERSON MINE 1111 . 2 Longmont,Colorado 80501 2 PHONE:(303)772-5282 FAX:(303)772-7039 LAFARGE WEST LLC , Copyright. Tetra Tech s January 25, 2011 Mr. Corey Hansen Manager of Environmental & Public Affairs Lafarge West, Inc. 10170 Church Ranch Way Westminster, CO 80021 RE: Water Supply and Augmentation for Lafarge West, Inc.'s Iverson Mine Site Dear Corey: Consistent with the Lease Agreement that my wife, Jeanne, and I have with Lafarge West, Inc. ("Lafarge") for the mining of our property located in Section 34,Township 6 North, Range 66 West of the 6'h PM, Weld County, Colorado,we will allow Lafarge to use the 61/.shares of the Greeley Irrigation Company water that we own. We understand that this water will be used to meet the operational needs of the Iverson Mine. In addition,we acknowledge that all augmentation requirements both during mining and in perpetuity, once the site is reclaimed are our responsibility. We are in the process of working out the details related to how we will satisfy all augmentation • requirements and we will provide Lafarge with additional information regarding this matter as soon as possible. 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