The URL can be used to link to this page

Browse Search

Home My WebLink About20110086.tiff NM TETRA TECH • January 3, 2011 Weld County Clerk to the Board of County Commissioners Via Hand Delivery 915 10th Street Greeley, CO 80631 RE: Lafarge West, Inc.'s Iverson Mine 112 Reclamation Permit Application Dear Clerk: Lafarge West, Inc. is applying to the State of Colorado Division of Reclamation, Mining and Safety (DRMS) for a 112 Reclamation Permit for the Iverson Mine. As required by the DRMS regulations, the applicant must notify the Weld County Clerk to the Board of County Commissioners. The existing Iverson Mine is a total of 66.5 acres and 65.9 acres of that land is proposed to be disturbed by the mining operation. While the rate of mining is dependant on market conditions, it is anticipated that it will take approximately four to five years to mine the • property. For your reference, we have enclosed the following items: • Notice of Filing Application • Construction Materials Regular (112) Operation Reclamation Permit Application Form • Project Description • Vicinity map depicting the site location • The Pre-Mining, Mining and Reclamation Plans If you have any questions regarding this application, please call me at (303) 772-5282. Thank you for your time and attention to this matter. Respectfully, TETRA TECH ,/(19)1A-47 S/1.4 nc-A Pamela Franch Hora, AICP Senior Planner Attachments P 323511133-23511-08005ADeliverableCtDRMSVCounty Comm Packet\letter to County Comm pm onerz doc bl;c 1�2urew � cc: : PL , PLO I - i0- i / 5-// 2011-0086 • NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR(112) CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF COUNTY COMMISSIONERS Weld COUNTY Lafarge West,Inc. (the "Applicant/Operator")has applied for a Regular(112)reclamation permit from the Colorado Mined Land Reclamation Board(the "Board")to conduct the extraction of construction materials operations in Weld County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Reclamation,Mining,and Safety (the "Division")and the local county clerk and recorder. The applicant/operator proposes to reclaim the affected land to wildlife habitat use. Pursuant to Section 34-32.5-116(4)(m),C.R.S.,the Board may confer with the local Board of County Commissioners before approving of the post-mining land use. Accordingly,the Board would appreciate your comments on the proposed operation. Please note that,in order to preserve your right to a hearing before the Board on this application,you must submit written comments on the • application within twenty(20)days of the date of last publication of notice pursuant to Section 34-32.5-1 12(10), C.R.S. If you would like to discuss the proposed post-mining land use,or any other issue regarding this application,please contact the Division of Reclamation, Mining,and Safety, 1313 Sherman Street, Room 215,Denver, Colorado 80203,(303)866-3567. NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice of a change to a previously filed application you must either attach a copy of the changes, or attach a complete and accurate description of the change. • 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)832-8106 REGULAR(112)OPERATION MINING RECLAMATION PERMIT APPLICATION FORM SAFETY Bill Ritter,Jr. GovernorCHECK ONE: ElThere is a File Number Already Assigned to this Operation Harris D.Sherman Pe • MM - - _ (Please reference the file number currently assigned to this operatiou).ecutive Director tF ' I_New Application(Rule 1.4.5) A_Amendment Application(Rule 1.10) Ronald W.cattarry Division Director L 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 permitl: • 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 sitel: 66.5 permitted acres 3.1 Change in acreage(+) 0 acres 3.2 Total acreage in Permit area 66.5 acres 4. Fees: 4.1 New Application $2,696.00 application fee 4.2 New Quarry Application $3,342.00 quarry application 4.4 Amendment Fee $2,229.00 amendment fee 4.5 Conversion to 112 operation(set by statute) $2,696.00 conversion fee 5. Primary commoditie(s)to be mined: sand gravel fill 5.1 Incidental commoditie(s)to be mined: 1. gold - less than' lbs/Tons/vr 2. / lbs/Tons/yr 3. / Ibs/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 • 6. Name of owner of subsurface riehts of affected land: Refer to Exhibit 0 If 2 or more owners,"refer to Exhibit O". 7. Name of owner of surface of affected land: Refer to Exhibit0 8. Type of minine operation: IN Surface Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN(check one): rd.6th(Colorado) [1 10th(New Mexico) [1 Ute SECTION(write number): S 34 TOWNSHIP(write number and check direction): T 6 [-I North Q South RANGE(write number and check direction): R 661 I I I East D West QUARTER SECTION(check one): ❑ LJ art n� SW QUARTER/QUARTER SECTION(check one): NE NW SE SW 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"Loneitude: 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 I3 4398351.2 N UTM Datum(specify NAD27,NAD83 or WGS 84) Nad 83 Zone 13 Fasting Northing • • -3- 11. 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: f 30 _ 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 1_ 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 1_ 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) Pastureland(PL) General Agriculture(GA) Rangeland(RL) Forestry(FR) ` Wildlife Habitat(WL) DResidential(RS) n Recreation(RC) �''7 Industrial-Commercial(IC) Developed Water Resources(WR) L Solid Waste Disposal(WD) 13. Primary present land use Lcheck one): Cropland(CR) Pastureland(PL) General Agriculture(GA) II Rangeland(RL) Forestry(FR) Wildlife Habitat(WL) Residential(RS) Recreation(RC) L Industrial'Commercial(IC) _ Developed Water Resources(WR) 14. Method of Minim,: Briefly explain mining method(e.g.truck/shovel): Materials will be mined using front end loaders, trucks and scrapers. 15. On Site Processing: 1-1 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 I,and the Geotechnical Stability Exhibit. Each exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ease of reference. If separate documents are used as appendices,please reference these by name in the exhibit. With each of the two(2)signed application forms,you must submit a corresponding set of the maps and exhibits as described in the following references to Rule 6.4,6.5,and 1.6.2(I)(b): EXHIBITA 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(I)(b) ADDENDUM I -Notice Requirements(sample enclosed) Rule 6.5 Geotechnical Stability Exhibit(any required sections) The instructions for preparing Exhibits A-S,Addendum I,and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule I.6.2(I)(b)of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required, or would like to schedule a pre-application meeting you may contact the Office at 303-866-3567. Responsibilities as a Permittee: Upon application approval and permit issuance,this application becomes a legally binding document. Therefore,there are a number of important requirements which you,as a 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 no ',Cy) these obligations then please contact this Office for a full explanation. �C I. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands • associated with your mining operation in the event your permit is revoked and financial warranty is forfeited: • lid?. -6- r �I 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the pemti«ce 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;'Orof 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary,substantial civil penalties,to you as permittee can result; ' f 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office; f 5. It is your responsibility to notify the Office of any changes in your address or phone number; fY 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, y c. the permit number. 1✓ 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. ---17111() {\• f 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 j�p�/l� and Regulations in effect at the time the permit is issued. ijjf 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 I, 1995,the annual fee is for the period of July 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as the pemiitree,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 application. • • NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions,changes,and deletions to this document prior to final decision by the Office. Therefore,if you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what changes may have been made to the application document. The Office is not allowed to consider comments,unless they are written,and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process,you may contact the Office at(303)866-3567. • • • -8- Certification: As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: I. To the best of my knowledge,all significant,valuable and permanent man-made structure(s)in existence at the time this application is filed,and located within 200 feet of the proposed affected area have been identified in this application (Section 34-32.5-115(4)(e),C.R.S.). 2. No mining operation will be located on lands where such operations are prohibited by la (Section 34-32.5-115(4)(f),C.R.S.; 3. As the applicant operator,l 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 I misdemeanor pursuant to Section 18-8-503,C.R.S. This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112,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 v sued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating mithout a permit pursuant to section 34-32.5-123,C.R.S. • Signed and dated this day of Todd Ohlheiser If Corporation Attest(Seal) Applicant Operator or Company le Signed: � _ �"`-�""'- •�__ Signed: _ Corporate Secretary or Equivalent Title: VP Rocky Mtn.Agg.for Lafarge West,Inc. Town City County Clerk / State of I,./6/CE1d ()0 {( tt )ss. County of t--%- &/\___) The foregoing instrument was acknowledged before me this n� _ day of C-/L .,f(;) _ :96 IC b ;. as 1 ` p,S. Sitc��/',, �•�Y �C CG-t I • O: yF Notary Public —OTARy My Commission expires: —/1/- �. C/() PUBOO :p ....••..........• is '��. O �,O SIGNATURES MUST BE IN BLUE INK • ��nrurCttttu�`�w�• You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a Iverson Mine • Chemical Inventory Calcium Chloride Diesel Fuel Propane Acetylene Brakleen Parts Cleaner 15W40 Oil Anti-Freeze Mobilgrease XHP 222 Mobilgear 600 XP 150 Oil Mobilgrease XHP 320 Oxygen • • Note: This list may change in the future, but chemicals that are replaced will be similar. PROJECT DESCRIPTION • for Iverson Mine Lafarge West, Inc. is submitting an application to the Division of Reclamation, Mining and Safety for a 112 Reclamation Permit for the Iverson Mine. The Iverson Mine is located in Section 34, Township 6 North, Range 66 West of the 6th PM and includes a total of 66.5 acres. The site is north of F Street and directly south of the Cache la Poudre River. Within the 66.5 acre permit boundary, 65.9 acres of land could potentially be disturbed; the only permitted area that won't be disturbed from its current state is the access driveway into the property. Within the 65.9 acres that could potentially be disturbed, only 45.1 acres of the property will be mined. Other unmined acreage that may be disturbed will be used for overburden and topsoil stockpiles, offsets from existing structures, internal roads, and conveyors. All of the mining activities will occur on land owned by Tim and Jeanne Iverson. A strip of land owned by the City of Greeley is also included in the permit boundary and will be disturbed; it will be used for a conveyor that will carry material from the Iverson Mine to the 35`h Avenue Mine (M-1977-036) for processing. The topsoil on the Iverson property is approximately six to twelve inches deep and there is 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. It is estimated that there are approximately 1,758,000 tons of sand and gravel to be mined from the site. The groundwater level lies approximately 5 to 10 feet below natural ground level, on average. The deposit is therefore classified as a wet alluvial deposit. However, mining operations will be carried out following dewatering. The site will be reclaimed so that the majority of the mining cell will become an unlined, open water pond and the land around the pond will be re-vegetated with a dryland grass seed mix. • Wo $ , 9 10 11 12 7 8 ., 9 z Cow _, x mm rCvO CO ', ro COUNTY RD70,o U IYit O m l0 17 16 -- 'j 15 14 z 13 18 ` 17 ,,o < < X16 o c z k w T ESTATE HWY 392 ' °'� t '. STATE HWY 392 ' N. 5 N3 (31 It In O 20 21 0 22 23 24 19 20 21 CD O o \ w IVERSON EL is c MINE w 29 0 28 27 6 29 28 O op n CP o .COUNTY RD 64 ,. O ST 4 O LA POUDRE A 0 CACHE RIVER Y. o z W 1-1� 32 * ' 33 34 r3 35 cn 36 .! ,,t _31 32 33 I COUNTY RDT2 F 6T b L DST ' N w T6N > a T5N 4 W zND si • 5 W 4TH sT 3 2 _f 6 : 5 4 .:��! 1DTHST USHWY34 811S) ui st. : ,' CITY OF GREELEY w f W 16TH S{2 7 8 9 g ti a W2OTHST W2aTHST m I O A - o 16 15 i 14 13 18 2nHsT 17' 16` m ni N 5� _.r � � US HWY 34O HST 0- 21 22 K 23 24 19 awsT sT 20 21 z 0 3000' 6000' E m 51„ 32 - Z / rn \ 37TH ST CO .. 0 a SCALE: 1"=6000' - os in Project No.: 133-23511-10002 o El, 01 a TETRA TECH Date: 10-21-10 IVERSON MINE Designed By: MM • 0 w�xw.leUatech.com INDEX MAP EXHIBIT et 1900 S.Sunset Street,Ste.1-F TA Longmont.Colorado 80501 LAFARGE WEST, INC. PHONE:(303)772-5282 FAX'.(303)772-7039 Copyright: Tetra Tech LARGE MAPS AVAILABLE FOR VIEWING AT THE CLERK TO THE BOARD 'S OFFICE , IN THE PUBLIC REVIEW FILE . ltTETRA TECH • January 3, 2011 Weld County Via Hand Delivery Clerk to the Board of County Commissioners 915 10t Street Greeley, CO 80631 RE: Lafarge West Inc.'s Iverson Mine 112 Reclamation Permit Application Dear Clerk: Enclosed please find a copy of the 112 Permit Application for the Iverson Mine in Weld County, Colorado as submitted to the Division of Reclamation, Mining and Safety. As required by Section 1.6.2 (1)(c) of the Colorado Mined Land Reclamation Board Rules, a copy of the application must be made available to the public through the County in which the project is . located. Thank you and please contact me at (303) 772-5282 if you have any questions. Sincerely, TETRA TECH leamela Franch Hora, AICP Senior Planner Attachment P:A21511133-23511-10002VDellverablesVDRMSVApplieation PackageAFxbibil RVCli:RecCovl.ecdoe • • IVERSON MINE 112 RECLAMATION PERMIT APPLICATION WELD COUNTY, COLORADO Prepared for: LAFARGE AGGREGATES & CONCRETE • Lafarge West, Inc. 11409 Business Park Circle, Suite 200 Longmont, CO 80504 Prepared by: Tetra Tech 1900 S. Sunset Street, Suite 1-F Longmont, Colorado 80501 Tetra Tech Job No. 133-23511-10002 January 3, 2011 • I TETRA TECH • TABLE OF CONTENTS COVER LETTER APPLICATION FORM EXHIBIT A: Legal Description EXHIBIT B: Index Map EXHIBIT C: Pre-Mining and Mining Plan Maps 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 EXHIBIT L: Reclamation Costs EXHIBIT M: Other Permits and Licenses EXHIBIT N: Source of Legal Right to Enter EXHIBIT O: Owner of Record EXHIBIT P: Municipalities within Two Miles EXHIBIT Q: Proof of Mailing Notices to County Commissioners EXHIBIT R: Proof of Filing with County Clerk or Recorder EXHIBIT S: Permanent Man-Made Structures within 200 Feet of the Affected Area ADDENDUM 1 - NOTICE STABILITY EXHIBIT • Iverson Mine DRMS 112 Reclamation Permit Application allt TETRA TECH • January 3, 2011 Colorado Division of Reclamation, Mining and Safety 1313 Sherman Street, Room 215 Denver, CO 80203 RE: Iverson Mine 112 Reclamation Permit Application To Whom it May Concern: Attached please find a 112 Reclamation Permit application for the Iverson Mine. This application is being submitted on behalf of Lafarge West, Inc., in care of Anne Best Johnson, AICP. We are submitting this application to permit the Iverson property for mining by Lafarge. The Iverson property is located in Weld County, Colorado off of F Street near the City of Greeley and adjacent to the Cache la Poudre River. No material processing is proposed to occur at the Iverson Mine site. All material will be conveyed to Lafarge's existing 35`h Avenue Mine site for processing. Lafarge has obtained an easement across a piece of property owned by the City of Greeley to place the conveyor as well as a license agreement from Great Western Railway to cross their railroad tracks with the conveyor; this land is included within the Iverson Mine permit boundary. • While Anne Johnson is the primary Lafarge representative for this application, please also send a copy of all correspondence regarding this application to me. My contact information is as follows: Pam Hora Tetra Tech, 1900 S. Sunset Street, Suite 1F, Longmont, CO 80501 Main Number: 303-772-5282 Direct Number: 720-864-4507 Email address: pam.hora@tetratech.com Thank you for your consideration. Please contact me if you have any questions. We look forward to hearing from you. Sincerely, TETRA TECH Pamela Franch Hora, AICP Senior Planner • cc: Anne Best Johnson, AICP, Lafarge West, Inc. P\235 I l`.I13-2151 I-I0002\Deliverables MIS Application Package cater letter to WRNS doe 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)832-8106 REGULAR(112)OPERATION MINING RECLAMATION PERMIT APPLICATION FORM SAFETY Bill Ritter,Ir. CHECK ONE: ❑ There is a File Number Already Assigned to this Operation Governor Harris D.Sherman P M - - -_ (Please reference the file number currently assigned to this operatios)ecurive Directorri New Application(Rule 1.4.5) E-Amendment Application(Rule 1.10) Ronald W.Cattany Division Director la 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. • I. 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(+) 0 acres 3.2 Total acreage in Permit area 66.5 acres 4. Fees: 4.1 New Application $2,696.00 application fee 4.2 New Quarry Application $3,342.00 quarry application 4.4 Amendment Fee $2,229.00 amendment fee 4.5 Conversion to 112 operation(set by statute) $2,696.00 conversion fee 5. Primary commoditie(s)to be mined: sand gravel fill 5.1 Incidental commoditie(s)to be mined: 1. gold - les51ban I lbs/Tons/vr 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- • 6. Name of owner of subsurface rights of affected land: Refer to Exhibit O If 2 or more owners,"refer to Exhibit O". 7. Name of owner of surface of affected land: Refer to Exhibit O 8. Type of mining operation: Z Surface L L Underground 9. Location Information: The center of the area where the majority of mining will occur. COUNTY: Weld PRINCIPAL MERIDIAN(check one): 1116th(Colorado) I J 10th(New Mexico) I I the SECTION(write number): s 34 TOWNSHIP(write number and check direction): T 6 [1 North a South RANGE(write number and check direction): R 661I II II aI East D West IJ QUARTER SECTION(check one): UNW ✓ SW QUARTER/QUARTER SECTION(check one): ONE !INW _�SE IISW 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 nun 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 Zone 13 Easting Northing S • 3 I I. Correspondence Information: APPLICANTOPERATOR (name,address,and phone of name to be used on permit) Contact's Name: T°�C Keiser 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 1. 657-4000 Fax Number: 1303 )_ 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: 1303 )- 772-5282 Fax Number: 303 1_ 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: 1 303 1- 684-2327 CC: STATE OR FEDERAL LANDOWNER(if any) Agency: Street: City: State: Zip Code: Telephone Number: J )- CC: STATE OR FEDERAL LANDOWNER(if any) Agency: Street: City: State: Zip Code: Telephone Number: ( )- • • 12. Primary l future l (Post-mining)land use(check one): LiCropland(CR) [1 Pastureland(PL) General Agriculture(GA) MI Rangeland(RL) 11 Forestry(FR) Wildlife Habitat(WL) jL _I Residential(RS) E Recreation(RC) Industrial/Commercial(IC) ElDeveloped Water Resources(WR) Solid Waste Disposal(WD) 13. Primary present land use(check one): Cropland(CR) Pastureland(PL) 1 I General Agriculture(GA) II Rangeland(RL) Forestry(FR) 7��II WildlifeHabital(WL) Residential(RS) E Recreation(RC) L1 Industrial/CommerciaRIC) 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. IS. On Site Processing: 1-1 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 arc amending or converting an existing operation,provide a brief narrative describing the proposed change(s). • • Maps and Exhibits: Two(2)complete,unbound application packages must be submitted. One complete application package consists of a signed application form and the set of maps and exhibits referenced below as Exhibits A-S,Addendum 1,and the Geotechnical Stability Exhibit. Each exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ease of reference. If separate documents are used as appendices,please reference these by name in the exhibit. With each of the two(2)signed application forms,you must submit a corresponding set of the maps and exhibits as described in the following references to Rule 6.4,6.5,and 1.6.2(1)(6): EXHIBIT A Legal Description EXHIBIT B Index Map EXHIBIT C Pre-Mining and Mining Plan Map(s)of Affected Lands EXHIBIT D Mining Plan EXHIBIT E Reclamation Plan EXHIBIT F Reclamation Plan Map EXHIBIT G Water Information EXHIBIT H Wildlife Information EXHIBIT I Soils Information EXHIBIT I 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 EXHIBITS Permanent Man-Made Structures Rule 1.6.2(I)(b) ADDENDUM I -Notice Requirements(sample enclosed) Rule 6.5 Geotechnical Stability Exhibit(any required sections) The instructions for preparing Exhibits A-S,Addendum I,and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule I.6.2(I)(b)of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required, or would like to schedule a pre-application meeting you may contact the Office at 303-866.3567. Responsibilities as a Permittee: Upon application approval and permit issuance,this application becomes a legally binding document. Therefore,there are a number of important requirements which you,as a permittee, should fully understand. These requirements are listed below. Pleaseread and initial each requirement,in the space provided,to acknowledge that you understand your obligations. If you do no erstand these obligations then please contact this Office for a full explanation. I. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; • 0„iiii 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; ____(4 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit �f boundary,substantial civil penalties,to you as permittee can result; '1v 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office; 5. It is your responsibility to notify the Office of any changes in your address or phone number; ,---1-722 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. 1 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly ,j�jy/ry 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. 'IP 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 ofJuly I, 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 permittee,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 application. • • 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 34-32.5-1 15(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 I misdemeanor pursuant to Section 18-8-503,C.R.S. This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112,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 jutted on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to section 34-32.5-123,C.R.S. Signed and dated this day of Todd Ohlheiser Ill 1 f Corporation Attest(Seal) Applicant'Operator or Company le Signed: "`_ --- Signed: ,e,- - c , Corporate Secretary or Equivalent Title: VP Rocky Mtn.Agg. for Lafarge West,Inc. Town/City/County Clerk State of (01 riod 60 ) County of f}- -C_SUn ) )s d s1 71� 4) 47,/e /� The forego instrument was acknowledged before me this f day of O) ,by �pP (14 rI/#r ,S(i ., as WRor.Eq mu) la9�/ of fG 1�t.rip /(/��% \`sokittnuiiiu �/ 7 e ``,`Off` /A ,iii d C .�` \A S. sr,. �i, o ; y ' Notary Public i r . NOTARY .u, mom;: PUBLIC ?o My Commission expires: �� 3��a/v %9,'••• ..y .$ ,�'�.,,�Optco�O��\``` SIGNATURES MUST BE IN BLUE INK-iliYou must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a Iverson Mine • Chemical Inventory Calcium Chloride Diesel Fuel Propane Acetylene Brakleen Parts Cleaner 15W40 Oil Anti-Freeze Mobilgrease XHP 222 Mobilgear 600 XP 150 Oil Mobilgrease XHP 320 Oxygen • • Note: This list may change in the future, but chemicals that are replaced will be similar. • 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; THENCE SOUTH 28°00'20" WEST 534.54 FEET; THENCE SOUTH 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 NORTH • 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 • EXHIBIT B Index Map See attached map. • Iverson Mine DRMS 112 Reclamation Permit Application Page HI of BI N 'H C) I 9 10 11 12 7 $ , 9 y J 0 7 I; 1 w COUNTY R070 O '\ O Z V p 00 } 0 17 16 15 z 14 z 13 18 1 17 16 < 4 - U � ` ''"t} i '. A STATE Ht�382 V �4 N. ) STATE Hvvry 392 -1 t D 20 21 'o 'y'2 .1 23 24 19 ski 20 21 I\ r\ \`_ ' , H .. IVERSON MINE 29 0 28 \ 2� �. t-< 29 1. w 28 o J toa z - " O ST 1 01 o COUNTY RD 64 \ a K, - o ` CACHE LA POUDRE ` --- - -1 A RIVER o -1 32 �� -< 33 34 ,. 35 '36 , TTS 1 '"� 2, 33 w \ i w O � rn `'\\ \ TH. U\S AN 4 ,SU .\, ,,N,T, \ \L,s r \I \ v \A A v 'V CITY OF GREELEY y, \ \4::;,&,\ . < -, v o \ „-„,_,\s-in, ' \ V `� \� A\W 2G�H sr� ` \ v , `11\ ; \ ` \ v in nin r.- y V ` T \ \ a 0 0 3000' 6000' Z r ,•,/, t m 37TH ST m 2 SCALE 1"=6000' "\ / a / Project No.: 133-23511-10002 N © TETRA TECH Date: 10-21-10 " IVERSON MINE Designed By: MM 6. www.tetratech.comdik INDEX MAP EXHIBIT 1900 S.Sunset Street,Ste.1-F G2 Longmont,Cdorado 80501 LAFARGE WEST, INC. �..J PHONE (303)772-5282 FAX (303)772-7039 Copyright: Tetra Tech • EXHIBIT C Pre-Mining and Mining Plan Maps of Affected Lands See attached map. • • Iverson Mine DRMS 112 Reclamation Permit Application Page CI of CI LARGE MAPS AVAILABLE FOR VIEWING AT THE CLERK TO THE BOARD 'S OFFICE , IN THE PUBLIC REVIEW FILE . • EXHIBIT D Mining Plan Genera! This is an application for a 112 Reclamation Permit for the Iverson Mine. The Iverson Mine is located in Section 34,Township 6 North, Range 66 West of the 6th PM and includes a total of 66.5 acres. The site is north of F Street and directly south of the Cache La Poudre River. The property contains a significant commercial deposit of sand and gravel from the River. Within the 66.5 acre permit boundary, 65.9 acres of land could potentially be disturbed; the only permitted area that won't be disturbed from its current state is the access driveway into the property. Within the 65.9 acres that could potentially be disturbed, only 45.1 acres of the property will be mined. Other unmined acreage that may be disturbed will be used for overburden and topsoil stockpiles, offsets from existing structures, internal roads, and conveyors. All of the mining activities will occur on land owned by Tim and Jeanne Iverson. A strip of land owned by the City of Greeley is also included in the permit boundary and will be disturbed; it will be used for a conveyor that will carry material from the Iverson Mine to the 35th Avenue Mine (M-1977-036) for processing. Existing mining activities are occurring northeast of the Iverson Mine by Lafarge (35`h Avenue Mine) and a quarter of a mile east by Aggregate Industries. Otherwise, riparian vegetation and • agricultural uses surround the property. 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 is 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. It is estimated that there are approximately 1,758,000 tons of sand and gravel to be mined from the site. The groundwater level lies approximately 5 to 10 feet below natural ground level, on average. The deposit is therefore classified as a wet alluvial deposit. However, mining operations will be carried out following dewatering. As described above, the site is owned by Timothy and Jeanne Iverson and the City of Greeley. Lafarge has a lease to mine the Iverson property and a conveyor access agreement with the City of Greeley on their property. Methods of Mining 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 Iverson Mine DRMS 112 Reclamation Permit Application Page DI of Dd • temporarily stockpiled outside of the floodway within the designated stockpile area on the south side of the property, as identified on Exhibit C. 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 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. All surface water within the mine areas will drain internally. A Drainage Report will be prepared for Weld County and it will provide details of the conveyance of both off-site and on-site surface water through the site. Direct precipitation falling on a mine cell is collected in the perimeter dewatering trench and pumped out. There will not be any uncontrolled releases of surface water and sediment from mining areas. Storm water collected in the open mine will be managed in accordance with Colorado/NPDES discharge permit requirements. Sediment generated from localized storm water runoff and surface drainage will be managed according to the Stormwater Management Plan, enclosed in Exhibit G (Attachment G-2). Water rights at the site will be used for dust control operations along the roads, stockpiles and berms. The water balance discussed in Exhibit G estimates the gallons per week necessary to limit dust emissions. The water will be supplied using a 2,500 gallon water truck. No explosives are planned to be used. Topsoil and Overburden Topsoil and overburden will be stripped with scrapers or a dozer and placed in separate temporary stockpiles within the permit area limits as required by Rule 3.1.9(1). All topsoil and overburden stockpiles that are placed above the existing surface will be located outside of the floodway and, • Iverson Mine DRMS 112 Reclamation Permit Application Page D2 of D4 • when they are in the floodplain, be oriented parallel to the flow of water. These stockpiles will be 35-40 feet tall with maximum 1.5:1 (horizontal:vertical) side slopes. 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 is listed on page E3 of Exhibit E. The stockpiles will be broadcast seeded and incorporated into the weed control program. Weed control consists of monthly inspections and, if necessary, chemical treatments in the applicable fall and spring seasons. Commodities to be Mined The primary commodity to be mined will be aggregate. Lafarge will supply local, county, and state governments, as well as private industry with aggregate from this facility. Some gold may be discovered on site during the mining process. If gold is found it will be used for commercial purposes. Offsets With the exception of a small wetland that was created by the property owner on the east edge of the mining cell, Lafarge will stay out of wildlife and riparian vegetation areas along the Cache la Poudre River. In addition, setback from existing structures will be maintained according to the Geotechnical Slope Analysis included in the Stability Exhibit. The highwall of the mine was setback a minimum of 100' from the bank of the Cache la Poudre River and at least 50' from all existing manmade structures. Lafarge is proposing to mine through the small created wetland area on the east edge of the mining cell because when dewatering occurs in conjunction with the mining operation, it would be difficult to keep water in the wetland to support the wetland vegetation. • Therefore, Lafarge will be working with the Corps of Engineers regarding the regulatory requirements related to the impact area. The details regarding any impacts will be worked out with the Corps of Engineers prior to the commencement of mining. Roads and Conveyors All of the material will be transported from the mining face to the 35th Avenue plant site for processing via conveyors. The conveyor will leave the Iverson Mine cell at the southeast corner of the Iverson property, cross the City of Greeley property on the north side of the Boyd and Freeman Ditch then turn to head north along the east property boundary of the City of Greeley property. The conveyor will cross the Poudre River Trail which is located on the City of Greeley property (per the agreement with the City of Greeley, the conveyor will be elevated at least 14'6" over the trail) and Great Western Railway of Colorado's railroad right of way. The railroad tracks where the conveyor will cross are currently not being used by Great Western Railway of Colorado;therefore, Lafarge has an agreement with Great Western Railway of Colorado to have an at-grade crossing for the conveyor as well as for trucks. The conveyor bridge will be composed of steel; the footings are anchored in concrete. Details for the conveyor bridge can be found on Exhibit C. Upon completion of mining operations, the conveyors will be removed and all areas affected by the conveyors will be revegetated. All existing on-site roads are shown on Exhibit C, Pre-Mining Plan. Any existing gravel access roads shared with ongoing oil and gas production on the perimeter of the mining cell will remain in place once mining and reclamation are complete. The roads will be maintained by the operator to provide required access to the various activities on the property. Existing roads are typically 12' to • Iverson Mine DRMS 112 Reclamation Permit Application Page D3 of D4 • 15' wide, gravel access lanes. If needed, roads will be relocated to accommodate mining activities. Relocated access lanes will be constructed with 6"of native sand and gravel from the floor of the mine and remain in place once mining and reclamation are complete. The main vehicular access to the site will be off of F Street. The only traffic that will use this access will be up to employees who will run the equipment. Generally there will be about four employees working on the site, but there is the potential for up to 10 employees on the site. A small parking lot area is proposed in the southeast corner of the site to accommodate employee vehicles. Mine Schedule The Iverson Mine operation will process 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. Equipment The following equipment and facilities may be utilized at the Iverson Mine site: Loaders (2) Diesel Powered Generator Set as needed (2) Dozer(2) Scrapers(2) Grader(1) • Trackhoe (1) Water Truck(1) Pumps as needed (2) Conveyors and Feeders Portable Toilet(2) Fuel Station (10,000 gallon diesel fuel tank) • Iverson Mine DRMS 112 Reclamation Permit Application Page D4 of D4 EXHIBIT E Reclamation Plan Design intent 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. The most appropriate primary post-mining land use designation for the site is wildlife habitat given the fact that a majority of the property will be covered by the open water pond. However, this designation is for purposes of the DRMS application only and the property is not designated by any other agency as wildlife habitat. Therefore, following reclamation and release of the property by the DRMS, the land use of the property could be changed by the land owner according to the land use regulations of Weld County. This Iverson Mine reclamation plan was developed based on the following considerations: • A thorough evaluation of the environmental resources and existing conditions on and adjacent to the property, particularly the Cache la Poudre River riparian corridor along the west, north and east sides of the property; • The context of the property relative to existing and planned land uses in the area; • The volume, depth and configuration of the mineral resource; • The landowners' plans for the property; and • The rules and policies of the Colorado Division of Minerals and Geology and other • applicable local, State and Federal agencies. • The open water pond, which will be created upon reclamation of the Iverson property, may provide some wildlife habitat due to its proximity to the river corridor. Post-Mining Land Use Following the mining of the Iverson property, the land will be reclaimed with an open water pond surrounded by upland. All areas reclaimed as upland will be re-vegetated with a native seed mix, as recommended by the Soil Conservation Service (recommended seed mixes below). This use is compatible with the surrounding land uses. Lafarge will concurrently reclaim mine walls where mining has been completed. Reclamation, including re-grading and seeding, will be completed within two to five years following the completion of mining or filling operations. The mining and reclamation will leave no high walls on the property. No acid forming or toxic materials will be used or encountered in the mining. There will be no auger holes, adits, or shafts left on the site. Topsoiling Topsoils in the proposed mine areas are Aquolls and Aquents, Ascalon loam, Dacono clay loam, Nunn loam, and Otero sandy loam. All suitable soil material will be salvaged for topsoil replacement. The topsoil will be segregated and stored separately from the overburden material as required by Rule 3.1.9(1). Upon reclamation of the site, all upland areas will be reclaimed with at least six inches of topsoil. • Iverson Mine DRMS 112 Reclamation Permit Application Page El of E4 • Soil amendments are not expected to be required due to the nature of the soils. However,topsoil samples will be subjected to agricultural testing prior to reclamation to assess fertilizer requirements. The Soil Conservation Services (SCS) will be contacted periodically throughout reclamation for soil tests. SCS soil fertilizer recommendations, if any, will be followed. Reclamation Measures—Material Handling Site reclamation measures are illustrated on Exhibit F. The Iverson property will be reclaimed as an open water pond surrounded by upland. The pond will be an un-sealed groundwater pond. All 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 314:1V or flatter. Topsoil will be spread over the surface of the re-graded slopes in all areas above the post-mining pond level; all topsoil-covered surfaces will be revegetated with the appropriate seed mix. Topsoil replaced in upland areas will be at a depth of at least six inches. Scrapers and a dozer will be used to place the backfilled overburden and topsoil. Using the scrapers and dozer to layer the lifts at a maximum 3H:1 V slope ensures a stable configuration. Site grading will be performed to create stable topography and will be consistent with post-closure land uses. Reclamation costs and quantities are summarized in Exhibit L. Water Overburden and mine materials will be inert and impacts to local surface water or groundwater • quality are not anticipated to occur as a result of mining activities. Lafarge West, Inc. will comply with all applicable Colorado water laws and all applicable Federal and State water quality laws and regulations and appropriate storm water management and erosion control to protect the river and existing riparian vegetation. Wildlife The Iverson property is adjacent to the Cache la Poudre River corridor which provides wildlife habitat to a variety of species(see Exhibit H for details). All mining will be setback at least 100' from the bank of the river to be outside of the riparian corridor to minimize any potential impacts on wildlife within the riparian corridor. Revegetation Following topsoil replacement, reseeding will be performed according to SCS recommended practices. 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. • Iverson Mine DRMS 112 Reclamation Permit Application Page E2 of E4 • 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 of PLSIi Common Name Scientific Name Variety M. Application. Rate(lbsfae) Western Wheatgrass Agropyron smithii Arriba 17.0% 1.74 Sideoats Grama Bouteloua curtipendia Butte 17.5% L80 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 Penstemon strictus Bandera 5.0% 0.46 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 DRMS//2 Reclamation Permit Application Page E3 of E4 • Seed Mix for Transitional Zone/Water's Edge °fa •i. a Common Name Scientific Name ariety '. 1>�tx Applieat►oit.,' Rate Otislac) 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 I - 100% 13.64 I Pure Live Seed pounds per acre; rates shown are for drill seeding; double rates for broadcast seeding. • • Iverson Mine DRMS 112 Reclamation Permit Application Page H of E4 • EXHIBIT F Reclamation Plan Map See attached map. • • Iverson Mine DRMS 112 Reclamation Permit Application Page Fl of F! LARGE MAPS AVAILABLE FOR VIEWING AT THE CLERK TO THE BOARD 'S OFFICE , IN THE PUBLIC REVIEW FILE . EXHIBIT G Water Information General Mining on the Iverson property will intercept shallow alluvial groundwater, which typically lies 7 to 9 feet below ground surface. Deeper bedrock aquifers that may underlie the site will be unaffected by the mining operation due to the shallow depth of excavations and low permeability bedrock strata beneath the shallow sand and gravel. A Groundwater Monitoring and Mitigation Plan is provided (Attachment G-l) as a guideline for monitoring and mitigation measures. Pertinent groundwater features within and around the site are discussed and illustrated in the Groundwater Monitoring and Mitigation Plan and in Exhibit C. Mining will occur south of the Cache La Poudre River. The mine will be dewatered by the use of perimeter drains. All water collected as part of the dewatering will be discharged into the Cache La Poudre River via discharge points as shown on Exhibit C. Upon completion of mining, the site will be reclaimed as an unlined pond. Potential Water Resource Impacts The mining operation is projected to have minimal impacts on water resources in the area. Due to the relatively thin gravel deposit, shallow excavation, natural and hydrologic boundaries and • barriers, as well as distance to adjacent properties, a rather limited extent of drawdown due to the mine dewatering operation is projected beyond the Iverson Property. As addressed in the Groundwater Monitoring and Mitigation Plan(Attachment G-1), the site hydrogeology indicates that no existing permitted private wells would be significantly affected by the mine operation mainly due to the hydraulic barrier of the Cache La Poudre River and the distance of wells from the site. Lafarge groundwater monitoring wells are located between 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. The monitoring wells and procedures are discussed the Groundwater Monitoring and Mitigation Plan (Attachment G-1). Discharge Permits The proposed mine will be dewatered and operated as a dry mine. Alluvial groundwater from the dewatering will be discharged to the Cache La Poudre River. A CDPES (discharge) permit for the mining operation will obtained prior to the mining. The discharge rate will vary seasonally. Surface Water and Stormwater Management The applicant has a stormwater management plan for the mine. In Colorado, storm water discharges are covered under the general discharge permit. The Stormwater Management Plan is included as Attachment G-2. • Iverson Mine DRMS 112 Reclamation Permit Application Page GI of G3 S Post Pumping and first Fill Depletions Post pumping and first fill depletions upon cessation of mining are listed in Attachment G-3. A one-time augmentation requirement will be assessed at the time the pit fills. This will require a volume of approximately 1,066 acre-feet. Steady State Mining Depletion The steady state mining depletion uses at the mine will include evaporative losses, water used for dust control, and water consumed in the mined material removed from the site. The mine consumptive use volumetric projections are described in Attachment G-3 and are approximately 15.97 acre-feet per year. The following steady state operational losses are based on consumptive rates established in a letter from Applegate Group Inc. dated October 21,2010 (see Attachment G-3). The moisture content of the material removed from the site is two percent by weight as required in the State Engineer's Office (SEO) Guidelines for unwashed material mined below the water table in a dewatered state. The anticipated annual production for the mining site is 600,000 tons of aggregate material. This results in an annual consumptive use of 8.3 acre-feet for water retained in product. Lafarge will apply water to haul roads and stockpiles for dust control. The estimated annual • consumptive use for dust control is 6.0 acre-feet with a distribution throughout the year based on the same percentages as the production of the aggregate mined. The estimated annual consumptive use due to evaporative losses is based on an exposed groundwater area of 0.4 acres in the proposed dewatering trenches. The resulting evaporative loss is distributed unevenly between the months, with a total of 1.14 acre-feet per year. The mine consumptive use volumetric projections are described in Attachment G-3 and total approximately 15.97 acre-feet per year. Post-Reclamation Depletion Following reclamation of the site, an unlined pond approximately 44.4 acres in size will remain. Annual depletions resulting from evaporation from the pond surface is estimated to equal approximately 129.72 ac-ft as described in Attachment G-3. Augmentation In this area there is a potential for a call year-round, meaning that all depletions from the mining operation could potentially be out-of-priority and would require augmentation. The property owners, Tim and Jeanne Iverson, are responsible for supplying all of the water required for augmentation during mining and after the mine has been reclaimed per the lease agreement they have with Lafarge West, Inc. The Iversons currently own some Greeley Irrigation Company (GIC) water that they plan to use and they will purchase additional water to meet the augmentation requirements, prior to Lafarge initiating mining. Iverson Mine URMS 112 Reclamation Permit Application Page G2 of G3 • In Attachment G-4 is a copy of the Iversons' stock certificate from The Greeley Irrigation Company (GIC) showing that the Iversons currently have 6 'A shares of water. Pursuant to the findings of Case No. 96CW658 (commonly known as the"Poudre Prairie Decree"), one GIC share provides approximately 10.31 acre-feet of consumptive use per year on average, which can be used to provide replacements for the mining and post-reclamation depletions at the site. The Iversons' 6 ''A GIC shares would therefore be expected to provide approximately 64.44 ac-ft of replacement credit per year on average. This water is delivered during the irrigation season, typically April to October. If the water is not stored or recharged during the time of delivery, then the shares are only capable of providing replacement credit during the irrigation season. During mining operations, the 6 ''A GIC shares is more than sufficient to offset irrigation season depletions. At this time, there are no plans for storage or recharge of the GIC shares;therefore in order to replace non-irrigation season depletions (typically November to March)the Iversons will need to obtain temporary or perpetual leases of augmentation water from a provider in the area. After reclamation, irrigation season depletions will exceed the replacement credit available from the Iversons' 6 ''A GIC shares; at least 42.20 ac-ft of additional augmentation water will be required to meet irrigation season depletions. Prior to the start of mining, the Iversons will acquire the additional water necessary to augment this operation during the life of the mine. The Iversons will also obtain approval of a permanent augmentation plan for the property to support the proposed Reclamation Plan for the property. • First-fill depletions, estimated to be approximately 1,066 ac-ft, can be replaced through a temporary lease. Alternatively, due to the close proximity of the proposed pond to the Cache la Poudre River, Lafarge may avoid out-of-priority depletions by strategically turning off the dewatering pumps at the beginning of a sufficiently long free river period; this would allow the pit to fill at a time when no downstream water users would be injured and therefore no augmentation water would be owed. Lafarge understands that this technique requires that depletions from the reclaimed pond be considered instantaneous; therefore, if this technique is used, they will coordinate with the Colorado Division of Water Resources in advance to ensure that the pit depletions are administered in this fashion. Attachments G-1: Groundwater Monitoring and Mitigation Plan G-2: Stormwater Management Plan G-3: Augmentation Water Estimate G-4: The Greeley Irrigation Company Stock Certificate • Iverson Mine DRMS 112 Reclamation Permit Application Page(53 of G3 Attachment G-1 Groundwater Modeling and Mitigation Plan • Iverson Mine URMS 112 Reclamation Permit Application Attachment G-I • Attachment G-1 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 • DRMS 112 Reclamation Permit Application Exhibit G: Water Information Page ! 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(SEO) 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 SEO 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 '/ SE Y Sec. 34, 6N, 66W • DRMS 112 Reclamation Permit Application Exhibit G: Water Information 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 1/4 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 ''A SW ''A 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 I. 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 I 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 • DRMS 112 Reclamation Permit Application Exhibit G: Water Information 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 3r° party consultant agreeable to the Division to render a separate opinion. If Lafarge's mining or reclamation activities are determined to be a • DRMS 112 Reclamation Permit Application Exhibit G: Water Information Page 4 of 6 • 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. • DRMS 112 Reclamation Permit Application Exhibit G: Water Information Page 5of6 • Table 1 Water Level Measurements (Elevation, feet below ground surface) Iverson Iverson Iverson Iverson City City City City Date 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 • DRAMS 112 Reclamation Permit Application Exhibit G: Water Information Page 6 of 6 • '0'1- 0 4h �• • ter to CI .. } i �` ''•{j J f ``-. ur a 7-a; r i • • s .I•' n . x }"'Fi°� ia%'m ,w s lky �I +, yri 6 -q'�"�' it $'4. .,1.i.-.-::::r:,•..,. t p • v did"-` r1e+4'k 3 T4 t , t qt a`•z ^ :wa �'` �: "` ', �'�� -" has s- � ,} d g�i i''09k �" O � �� +' � lS'k Oat' ' � �S 'Rn }..2•o v� i9-..361‘,..., + ftS'1,•:. t x, L:x .. ,i ,'7 ..s.,t ¢ ^t CITY-Mw-07 ; . n ° a '4i + s ,t� & S is ,. '` 7- ag t r y - # ' _ }?1A t. Y t. -} '$M ` t t - g { % - 5^ ems* � d' 5 • '6 • o " + 3• t'. -:n�. 1t'"' ) . r ,j'_._ ' ..CITY OF t GREELEY o a ,' , p e 1> *. °' J. tV4. 4-4 d� •.Ca• 4 *'N+a - s,4 o %p;'vi*` _- •":174.1• '� rfi �. '' • , _7t"" ROPERTY ' E °u. # �a tar tsyI't,,r.lit fte. •,,,,•-,',91..:'• r! 'r �� r MW 0 CITY•MW 06 2:4,1"117,•-:"" P • R g -. a r x i+ t k • • ,sa • • ;.. i _ a .?•5•"'‘'e' - 9c:',"W'W„W/'t,' IVERS•rli " • ,•x. ,,.+ .. ry 4 P ,a, ��Pgj p + i fss : s f"fl' V .. - ar i„441644b44.:4• ;- r v .z..f.MW{1ed ..n '�' Rl.. ., f{;._-s„m. r ' +J 0. 3 © 0 300' 600' 0 2 a 0 0 Drawing Descr pt on Project No.: 133-23511-10002 © TETRA TECH MONITORING WELL LOCATION MAP Date: 12-1-10 IVERSON &CITY OF GREELEY Designed By: E • PROPERTIES Fi ure No. o ww�v.tet ratech.wm g 100 1900 S.Sunset Street,Ste 1-F Longmont,Colorado 80501 y PHONE'.(303)772-5282 FAX:(303)772-7039 7) Copyright: Tetra Tech w m o cc • ' . 4i+ ce � - 7 „tea � � a t � r ��'� 4g ❑ �,� y t m,al ..'v rh,Www. ar 'e 5 A.io-sdkg � ,�„�,�'°A '4�° k.k� ` °' "�s.,,w'rl"hf`u"+� p >r 4 > ari,: F .. .r w o �.fsi ≥� � '2'J w �� >p 3uYP'k,a `faq'3� W • w tK >F Rr� i k, i�"i'1`�e�* �' is„t"yS§a'. t •'n' ��,;�"7", o`x�`eeuv�^ T. ' am t + 1 g '0� 1 't,4 R t '4 � wwPtRrvo F p {n R ` ,ye- 4'at'. .ae}. 4x Q O '7 e 4C 5 j Vii.. Nom' P.h.. p �d`,_ 11n ' ! '*. - t}` h, y i,4 i 'u6 . S =ry ,,.i— 1 "'� rsS•3 } , .. ...........-...;.*zA / ,..r ,57 X':,- r "t r _ .¢ ..ta .t{ m n sY b + i lY �'�i�+ a t. ,•,.,e,: •: • 12:117, ,: . i 4 rr `IMF I 4, •-j=25• *.. w i M .ry ; ' "4:6,t.;�j1L ;', ' t § a ,y,�' � 1•;₹;e, ! P 19 -R °'ry.,._',•N 5 - + ''n yy: vb R 14 S • t 4 t.dR.$$��,, Yg N<..� b fn .4 ILL 4 ,;,„. _{II .L t .�v} S S„ 9 e- C,f: ;CIits,: A f ^..e.'. ' w t }y.- `y • 11 +' Y.;,„4,w,,,, ' F , t}" ` :✓ '' �' . b ; �' '-." l rt•Y' • y„� it' r(� 7 o } 9 ,r ',744:444.:7,, ,, 3• X_`vr :7,7 IV' ^4 •N • 'TP 5:*"*,, v, T r'i 'R� i r 'nr yy''.�§r nit�"r ' +rt V . i ■ :44c4.,,,4414 , v.y"S .tld h 7(,34,4,-4 a ,P N4 y 'P ��i`,+�.}t S""'3 • f ,r44 csi Ya, 'N -' NUMBER REPRESENTS c '�7'�- 1rr' �1e ". � - WELLS IN AREA? LEGEND .. r ®(6) WELL LOCATED WITHIN ry QUARTER/QUARTER SECTION 0- z © ® ACTUAL MEASURED WELL LOCATION 0 700' 1400' ®w IVERSONI LAFARGE MONITORING WELLS INCLUDED ❑ CITY IN MONITORING PROGRAM C „a, _ ONE-HALF MILE BOUNDARY 0 Drawing Description Project No.: 133-23511-1002 © TETRA TECH WELL LOCATION MAP Date: 12-1-10 WITHIN 1/2 MILE Designed By: JD 13 • o wwwtetratech. om OF THE IVERSON MINE Figure No. a 1900S.SunsetStreet,tte.1-F IVERSON MINE 2 0 Longmont,Colorado 80501 3 PHONE'.(303)772-5282 FAX:13031772-7039 LAFARGE WEST, LLC Copyright: Tetra Tech S Attachment G-2 Stormwater Management Plan S Iverson A line DRAlS 112 Reclamation Permit Application Attachment G-2 JPFARG E NORTH AMERICA Environmental Stormwater Management Plan Iverson Aggregates 5011 F. Street • Greeley , Colorado PERMIT NO. TBD Revised: 10/29/2010 • PLAN CERTIFICATION 1 SECTION 1 1 DESCRIPTION OF INDUSTRIAL ACTIVITIES 2 SECTION 2 4 SITE MAP 4 SECTION 3 5 STORMWATER MANAGEMENT CONTROLS 5 SWMP Administration Team 5 Identification of Potential Pollutant Sources and Best Management Practices 6 Sampling Information 6 History of Significant Spills or Leaks of Toxic or Hazardous Materials 6 Preventative Maintenance 7 Good Housekeeping 8 Materials Handling, Spill Prevention and Response Procedures 9 Employee Training - - Ip Identification of Discharge other than Stormwater 11 SECTION 4 12 COMPREHENSIVE INSPECTIONS 12 REFERENCE DOCUMENTS 13 Appendix 14 Other Pollution Control Measures 15 Site Maps 17 • • • Plan Certification Facility Name: Iverson Aggregates Facility Facility Type: Sand&Gravel(SIC Code 1442) NPDES General Permit Number: TBD Date that initial operation began: 201 I Facility Address: unknown Emergency Contact: David Jordan,Plant Manager Phone: (303) 809-2093 Operation Schedule: Up to 24 hours per day,6 days per week Number of Employees: —4 Aggregate Average Process Water Discharge: 5 Million Gallons per day I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel • properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for known violations. This Storm Water Management Plan will be implemented as herein described. Signature Date General Manager • • SECTION 1 Description of Industrial Activities This SWMP has been prepared for the Specification Aggregates, Concrete& Asphalt facility in Jefferson County. FIGURE 1 identifies the general location of the facility, as well as the nearest receiving waters. Industrial activities present at the site are as follows: ® GRADING Site is leveled and smoothed according to final project specifications using a road grader. This may include right-of-ways,drainage ditches, and road sub-base areas of the project. ❑ QUARRYING Drilling and blasting is used to liberate virgin stone from its natural consolidated state. Haul trucks are typically used to take the material to the plant for processing. STOCKPILING (Check if applicable) ® OVERBURDEN AND TOP SOIL Stockpiles may occur in the form of earthen berms. O SAND AND GRAVEL Raw and processed aggregates are stockpiled for future use. ❑ AGGREGATE MIX FOR CONCRETE PRODUCTION • Aggregate can be stored in stockpiles,and loaded into a ground hopper as needed,and then conveyed to the plant. Material may also be loaded directly into a series of hoppers located above the plant that directly discharge into the plant. ❑ AGGREGATE MIX FOR ASPHALT PRODUCTION Raw material can be stockpiles or put into storage bins. ❑ RECYCLED ASPHALT PRODUCT Asphalt that is being stored and/or processed for reuse. ❑ RECYCLED CONCRETE PRODUCT Concrete that is being stored for reuse. Recycled concrete is hauled to another location for processing. O ASPHALT MILLING The existing roadway is milled,emptied into haul trucks and hauled off-site. O ASPHALT PAVING Hot mix asphalt is transported to the project from a production plant located off-site. It is then placed,compacted and rolled according to project specifications. ❑ ASPHALT MANUFACTURING A hot-mix asphalt plant blends together aggregate and asphalt cement to produce a hot, homogeneous asphalt paving mixture, which is then hauled to off-site construction projects. The aggregate used can be a single material, such as a crusher run aggregate or a pit run material, or it • • can be a combination of coarse and fine aggregates, with or without mineral filler. The binder material used is normally asphalt cement but can also be an asphalt emulsion or one of a variety of modified materials. Various additives, including liquid and powdered materials, can also be incorporated into the mixture. Activities at these sites may include the following: raw material unloading into stockpiles or storage tanks, raw material feed to plant, material batching, raw material storage area, recyclable asphalt disposal area,truck wash out, and water supply and settling lakes. ❑ READY MIXED CONCRETE, CENTRAL BATCHING These operations mix sand, gravel,cement, and water together to form ready mix concrete, which is then hauled to off-site construction projects. The raw materials are made up of sand, gravel, cement, water and additives. The sand and gravel is either stored in stockpiles located outside and fed into the plant via loaders and conveyors,or it is stored directly in a series of hoppers located directly above the central plant. The remainder of the raw materials is stored in tanks to protect them from exposure to moisture and temperature until they are pumped into the mixer. Once the raw materials are fed into the central mixer and combined to form Ready Mix concrete, the final product is placed within trucks and removed from the site. ❑ READY MIXED CONCRETE,DRY BATCHING These operations apportion out a mix of sand, gravel, cement, and water together, which is then mixed within the truck to form Ready Mixed concrete that is hauled to off-site construction projects. • The raw materials are made up of sand, gravel, cement, water and additives. The sand and gravel is either stored in stockpiles located outside and fed into the plant via loaders and conveyors, or it is stored directly in a series of hoppers located directly above the central plant. The remainder of the raw materials is stored in tanks to protect them from exposure to moisture and temperature until they are pumped into the mixer. Dry batching then apportions out and dumps the raw materials into the concrete truck-mounted mixer where it is continually agitated and mixed to keep it from hardening before it arrives on the assigned job site. ® EQUIPMENT FUELING Diesel and/or gasoline tanks are located on site for fueling of equipment. Off-site vendors refill tanks as needed. ❑ EQUIPMENT MAINTENANCE The site contains a shop area where necessary maintenance can be conducted for site equipment. Typical chemicals associated with maintenance, such as used oil, antifreeze, motor oil, hydraulic oil, brake fluid, etc, may be stored on site as needed. All chemicals are stored in such a manner as to prevent materials from mixing with stormwater or being accidentally discharged off site or to waters of the U.S. DEQUIPMENT WASHING The site contains washout pits where concrete mixer trucks are washed out after deliveries are made. Washout pits are located at least 50 feet away from storm drains, open ditches, or other water bodies. There is no runoff from this area. If possible a below grade washout pit is used. Washout pit never exceeds 75%full. SECTION 2 • Site Map See appendix for FIGURES 1&2: Site Maps which indicate site-specific characteristics and BMPs implemented at the entire facility (these will be developed once site plan has been approved). The site has been determined to be within a single drainage area. There are two discharge points. and six outfalls. Directions of stormwater flow, locations of BMPs, locations of all surface water bodies, inflow areas, and outflow areas are indicated on FIGURES 1-2. The following is a list of specific information included on the Site Map: ✓ Site boundary ✓ Access &haul roads ✓ Stormwater outfalls and an outline of each drainage area for each outfall ✓ An estimate of the direction of flow ✓ Material handling areas ✓ Vehicle fueling areas 1 Chemical storage areas ✓ Each structural control measure to help reduce pollutants in stormwater runoff • ✓ Areas used for storage or disposal of overburden,materials, soils, or wastes ✓ Areas used for mineral milling&processing ✓ Springs, streams,wetlands and other surface waters ✓ Location of mine drainage or any other process water discharge points ✓ Boundary of tributary area that is subject to effluent limitations ✓ Boneyard ✓ Date the map was prepared and subsequent revision dates • • SECTION 3 Stormwater Management Controls This section describes the development and implementation of stormwater management controls specifically designed for the Specification Aggregates,Concrete and Asphalt facility including: SWMP Administration, identification of potential pollutant sources and Best Management Practices(BMPs), sampling information,preventative maintenance, good housekeeping techniques,Spill Prevention and Response Procedures,employee training, and identification of discharges other than stormwater. SWMP Administration Team Team Members Responsibilities - Assist in plan development Name: David Jordan - Advise Lafarge Resource Management of site Title: Plant Manager changes Phone: (303) 809-2093 - Facility inspections - Employee Training • - Review and certify plan Name: Todd Ohlheiser Title: VP Front Range Aggregates - Complete plan and maps - Update plans as informed of changes Name: Corey Hansen - Assist in implementation, maintenance,and Title: Environmental Manager Phone: 303-567-4330 revision of the SWMP at the site - Facility inspections - Employee Training - Develop BMPs for regional storm water Name: Meghan McDonald management Title: Director of Environment - Manage any significant release of pollutants Phone: 303-657-4148 - Employee Training NOTE: Any team member may designate other trained personnel to conduct a facility inspection. 411 Identification of Potential Pollutant Sources See FIGURE 3 Sampling Information Existing Discharge Sampling Data Sampling Point Quantity of Discharge Pollutants History of Significant Spills or Leaks of Toxic or Hazardous Materials Date Description of Spill or Leak—Location,Material,Quantity,Remediation Actions S • Preventative Maintenance Daily inspections of all storage and activity areas are conducted as a part of the operation. Comprehensive inspections are completed as required based on activity at the site(please see Section 4 for additional details). Inspections include at a minimum the following: • Integrity of diesel storage tank and secondary containment • Integrity of perimeter berms and truck wash out berms • Fuel spills in diesel fueling area,and material spills in the silo area and mixer area. • Open aggregate storage bins • Air and oil leaks on machinery and equipment • Belts,pulleys,rollers, and gates on plant equipment Cleaning and maintenance is performed as needed and in response to inspection results. Records of these inspections are available through the plant manager or another member of the site SWMP Administration Team. Management Device Inspection Frequency Cleaning Potential Failures to Frequency Observe Closely Hydrocarbon tanks Bi-monthly As needed Adequate containment Hydrocarbon secondary Bi-monthly As needed Adequate containment containment Catch basins Bi-monthly to as As needed Insufficient capacity needed Settling ponds Bi-monthly to as As needed Insufficient capacity needed Containment devices(berms, Weekly As needed Adequate containment ditches,etc.) General Plant Conditions Daily As needed Cleaning Potential Failures to Management Device Inspection Frequency Frequency Observe Closely Perimeter Erosion Weekly As needed Breach Structural BMPs Monthly As needed Adequate containment/breach Vehicles Weekly As needed Leaks Material Handling Equipment As Needed As needed Leaks • Good Housekeeping • Good housekeeping practices at the site are designed to maintain a clean and orderly work environment. This is accomplished through proper operation and maintenance of machinery and processing equipment. Careful material storage practices have been implemented. House keeping includes prevention and/or reduction of spilled cement, aggregate, fly ash, and other particulate material. Watering of internal roads is performed as needed to control fugitive dust. Principal good housekeeping procedures are as follows: • The material inventory is kept up to date, and all containers are labeled with the name and associated hazards. • Material safety data sheets(MSDS)are available on site to ensure that operation staff is aware of hazards and pollution potential. • Routine cleanup operations are ongoing and scheduled to ensure that the storage areas and maintenance areas are clean and orderly. • Good housekeeping, including cleanup procedures and disposal requirements, are incorporated into employee training. • Solid waste receptacles are available on site and are emptied regularly. • Materials Handling,Spill Prevention and Response Procedures The facility has a formal Spill Prevention,Control, and Countermeasure(SPCC)Plan,but petroleum sources associated with portable plants &blasting equipment brought in as needed are not covered by the plan. Training and procedures established under SPCC rules are applied to all petroleum storage within the facility. Secondary containment is provided for the fuels and lubricating oil tanks should releases occur. Removal of accumulated liquids from the containments is accomplished by use of absorbents, portable pump, or other technique,and waste material is properly disposed of. In the event that a spill occurs: o Do— • Shut off supply, stop leak(if possible) • Shut of ignition sources • Contain spill and/or dike ahead of spill • Notify Plant Manager. If the spill leaves the site or is greater than 25 gallons,the Plant Manager will notify Resource Management Group. • Protect adjacent people,property, surface waters,and equipment from contact with spill • Look to Material Safety Data Sheets (MSDS)for clean up guidance • • Follow site SPCC plan • Place absorbents, dirt,or other solid materials in a non-leaking container and dispose of according to state and federal regulations o Don't— • Smoke • Risk personal injury • Wash down spill with water • Cover and not cleanup spill The majority of manufacturing process includes solid earthen materials with inert properties that would not impair surface or groundwater characteristics. The most common liquid not covered under the facility petroleum management plan would be process water used in the production of concrete, and small amounts of cleaning liquids that have no identified impairment of surface or ground water. • Employee Training • Training of personnel is conducted annually to educate employees, at all levels of responsibility,about the components and objectives of the storm water management plan for the site. The training scope will include the following topics: Spill Prevention Spill Response Good Housekeeping Techniques Materials Management Sediment&Erosion Prevention Definition of Process Water Best Management Practices in Place and Proper Maintenance While operations are conducted on site, it will be the responsibility of the site manager or operator in charge to train appropriate on-site personnel so that the goals of the SWMP are achieved. Various other types of environmental training are conducted at different levels of the site management. Environmental Training topics are produced for `tailgate' meetings to discuss site-specific environmental management. Site managers participate in a number of internal and industry management meetings where environmental pollution control,regulations, and responsibilities are discussed. • Records of personnel training conducted, including personnel in attendance, date of training, and scope of training are available through the facility manager. • • Identification of Discharge other than Stormwater This site has been evaluated for the presence of non-stormwater discharges.The only additional water discharged from the site is required based on the augmentation plan, which does not require sampling at this time. Water stored and applied on site for dust abatement is periodically utilized on the yard site and the access road to suppress fugitive dust.Applied dust control is not applied in excess amounts that would result in an off- site discharge of liquids. Dust abatement is not necessary during precipitation events;therefore,no non-storm water at the site is intermingled with storm water runoff. Water and other liquids utilized in other peripheral uses and in the production of concrete are contained within the plant area. Any mechanical failure with the potential to allow a surface release would be addressed through the site's spill response or emergency response protocols,free liquids would be isolated and adsorbed, and adsorbents properly disposed. Permitted No Process Control Types of Discharge Discharge Water Unpermitted Exempt Measures • Transport Discharge X Equipment Wash Water X Dust Control (roads) X Groundwater Dewatering X Irrigation return flows X Other Agricultural discharge X Fire Fighting discharges X Foundation Draining(SUMP) X Springs X Other • SECTION 4 Comprehensive Inspections Comprehensive inspections performed by qualified individuals, record keeping and internal reporting are essential activities under the SWMP and are outlined below. All records and reports are to be maintained with the plan at the managing office. Qualified personnel shall make a comprehensive inspection of the stormwater management system at least twice per year in the spring and fall for all active facilities. For idle sites where an employee is not stationed or does not routinely visit the site, inspections shall be conducted every two years. For inactive sites, inspections shall be conducted every three years. These comprehensive inspections must be documented and summarized in the Annual Report. Material handling areas, disturbed areas, areas used for material storage that are exposed to precipitation, and other potential sources of pollution identified in the SWMP in accordance with the permit shall be inspected for evidence of, or the potential for, pollutants entering the drainage system. Structural stormwater management measures, sediment and control measures, and other structural pollution prevention measures identified in the • plan shall be observed to ensure that they are operating correctly. A visual inspection of equipment needed to implement the plan, such as spill response equipment, shall be made. Based on the results of the inspection, the description of potential pollutant sources and pollution prevention measures identified in the plan shall be revised as appropriate. Such revisions shall provide for implementation of any changes to the plan in a timely manner,but in no case more than 90 days after the inspection. A report summarizing the scope of the inspection, personnel making the inspection,the date(s) of the inspection, major observations relating to the implementation of the SWMP, and actions taken as described above shall be made and retained as part of the SWMP for at least three years. The report shall be signed by a Lafarge employee authorized to certify the plan. S • REFERENCE DOCUMENTS The following is a list of documents that are kept on site and may be viewed upon request: • CDPS General Permit For Sand and Gravel Mining and Processing(and Other Nonmetallic Minerals Except Fuels),Authorization to Discharge Under the Colorado Discharge Permit System • Stormwater Inspection Reports • Annual Reports • Stormwater Training Sign-in Records • Preventative Maintenance Records • Site specific Spill Prevention, Control and Countermeasure(SPCC)Plan • • Appendix • Other Pollution Prevention Measures AREA DESCRIPTION OF PRACTICE On site WHERE HOW AND WHERE DATE OF EMPLOYED (Y/N) PRACTICE PRACTICE IMPLEMENTATION IS WORKS/IS EMPLOYED IMPLEMENTED Chemical Stabilization Compost Blankets Dust Control Geotextiles Gradient Terraces Mu!chin_• Riprap Seedin_ Soddin Soil Retention • Soil Roughening Temporary Slope Drain Temporary Stream Crossin s Wind Fences and Sand Fences Other(describe) ' tF�f i^• t 9_J 1 i' t 8 Check Dams Grass-Line Channels Permanent Slope Diversions Temporary Diversion Dikes Other(describe) Sediment Control: , 6 .N qitara:•4..i{ Brush Barrier Compost Filter Berms • • DESCRIPTION OF Practice On site Area Where HOW AND WHERE DATE OF Employed (y/N) Practice Is PRACTICE IMPLEMENTATION Employed WORKS/IS IMPLEMENTED Compost Filter Socks Const. Entrance Fiber Rolls Filter Berms Sediment Basins and Rock Dams Sediment Filters and Sediment Chambers Sediment Traps Silt Fences Storm Drain Inlet Protection Straw or Hay Bales Vegetated Buffers Other(describe) I la _ L Concrete Washout General Construction Site Waste Management Spill Prevenetion and Control Plan Vehicle Maintenance and Washing Areas Sediment Basins and Rock Dams Sediment Filters and Sediment Chambers Sediment Traps Silt Fences • DESCRIPTION OF • Practice On site Area Where HOW AND WHERE DATE OF Employed (YIN Practice Is PRACTICE IMPLEMENTATION Employed WORKS/IS IMPLEMENTED Storm Drain Inlet Protection Straw or Hay Bales Vegetated Buffers Other(describe) • • Site Map • • Attachment G-3 Augmentation Water Estimate • • Iverson Aline DRAIS I/2 Reclamation Permit Application Anachment G-3 ;Applegate =Group, 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 Coiey: 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 gpniusing 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 60 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 60234-2759 www:applegategroup.com Mr. Corey Hansen. M RE.Augmentation Water Estimate for the Iverson Property October 21,2010 Page2of3 Month Jan Feb Mar Apr, May Jun Jul Aug Sep Oct Nov Dec Total %of AnnualEvap 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 Prectp[in] 049 0.37 1.14 1.68 2.55 1:94 145 1.15 . 1.14 - -099 0.85 0.45 14.20 Effective Precip[in] 034 0 26 ' 0.80 1.18 1.79 136 1.02 . 081 080 - 0.69 060 032 . 9.94 Net Evap Ifni .0.08 0.11 0.14 0.24 0.30 0.43 .0.48 0.44 - M31 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 n6res in aet unless noted othen'(se Month Jan ; .Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Evaporation 003 004 0.05 0.09 012 017 - 0.19 017 012 0.08 004 003 1.14 OpsDistribution 33% 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] 23000: 23000 63000 6%000 60000 60,000 60000 60,000 60000 60,000 60000 23000 603,000 Water in mined product 0.29 ' 029 0.88 0.88 0.88 0.88 0.88 - 0.88 088 0.88 088 029 8.83 Dust control 0.20 -020 0.60 060 0.60 060 0.60 060 0.60 0.60 060 0:20 6.00. Total Deplefions 053 .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 the time the pit fills. Although it does not account for the final slopes of the reclaimed pit (which Mr Coiey Hansen .' RE:Augmentation Water Estimate for the lverson 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 rough 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 mines In ac-fl Month Jan Feb Mar Apr May Jun :Jul Aug Sep Oct Nov Dec Total Evaporative Depletions. 3.73 4.87 6.20 10.63 13.38 19.12 21.22 19.50 13.70 9.09 4.46 3.83 129.72 Summary I•he 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@applegategroup.com. Cordially, Applegate Group, Inc. Jared Damns,E.I. Water Resource Engineer JMD/ta cc: AG File No. 05-105 . N:\05105 Lafarge Water Planning\Disciplines(Technieal)1Water RightsWoudre LT Planniug\[verson i operty\itr Iverson Water Reg I0.20.2010.docr Legend • 0 Proposed Pond r. e] Proposed Permit Boundary £ 1� ' ' • pR'F 'ha • f rt ;s.,rte+ p a' / `v:", „/dir`+',././27/4//, . ar j _ f �, #,fit C jp,.� a r 4 T p ' /;.-4"22C",,,/ N. . &. 1,2727///, -,Q, 41 4i; i ,vvrp +P gn I ,..( . id�I/ f fi i ..7°/y _ F°7),„ •wife, ;" i . _ ^y�,eyy� ' ., (t�� 11, ii 4r `z'u '" •44,v,.1„, 'n • . A nb f m ., d a , '° P � > `, 0 250 500 + "i k'�' a * 7„ . /',..'4 y 33+ 33 G 3 Feet • t , cg s4, w&. � _ w;ar +3 y�,,�� - _5 Applegate Date: 21Oct2010 Figure: IVERSON PROPERTY Group, Job #: 05-105 1 R WW[er ResourceAdvisors for the West _ ram weir uan Ave,se;:un Phone(303)432.u,tr Overview Map 'e u�t�a ro aoz game F.Isos7as znse Drawn By:JMD 1 Oe oww.ApWegarecmuP cnm .main.Inf.('.Fflegx m eeouRm Of: • Attachment G-4 The Greeley Irrigation Company Stock Certificate • • Iverson Mine DRMS 112 Reclamation Permit Application -0ttachment G-d _— rig ► ► ► . .(, t7 t7 @}9 t7 t ��tt?iS!?iG)in► ,G1►�}a�'.?RRA n►n►n�(T?►'in�ni,`)►,()►,a(7004.!?i5P►niQ�n►n,+nin}C!7►(�► 1�!?in►n nini(�t(7�S!?an►(�� . 0 ��'��,��}�': �,•I�t�;y!i,��•{!�.ie�� .�.:�f�f�:.�.�r:•�.�.!t:T!�:f.'►'.1'rf 1 T'K�1 • ♦ I f'1 f t iit t �T } ♦"t ♦ f t f •j T T f VP ,_I0 300 r; INCORPORATED JULY 15, 1882 C •�'J 4€, SHARES ---6`1/4---- cj;J e4i:P VP c'•? Greeley Irrigaflon C party e-,;:,0 84..0 525 Shares of the par value of$25 each C;. C;.;� Capital Stock$13,125.00 c�;�� cr'9 The Public Trustee of Weld County for the use of __ c:2;- e.,;., This certifies that ev0 elts e:o c;;� C�;� Norwest Bank Greeley, National Association, Beneficiary of First c4M €': '° c ra c,:� Deed of Trust; and Tim D. Iverson and Jeanne Iverson, Joint e,t.'t c;.� Tenants, EquitVi6 the owner of ---6'1/4— Shares of the Capital Stock of ate e c;:› Owners e. era ;;;� THE GREELEY IRRIGATION COMPAiNY C4:,. CPS c';� transferable only on the books of the Corporation by the holder hereof, or by c:�� Gla Attorney, upon surrender of this Certificate properly endorsed. E a Gi;•' IN WITNESS WHEREOF, the said Corporation has caused this &ea etra G4> Certificate to be signed by its duly authorized officers and to be c„t�� c�i.J sealed with the seal of the Corporation, at Greeley, Colorado, el,s, Loam 31st March A.D. 19 94 el, J c-y':�� this_ ___-----day of --- ----- c,;: C4;►J CiP Z' €•;:'-'° CORPORATE SEAL c ►s C:•a C+ice �7 C t.P L- PRESIDENT%IP, , • • ► , , , , , ► ► . .o►no t t ,caon��t,:►000• 00000 t e ,��c�o ►,�.c��,n. .�►S?t ,n.�,t��. . �inp ni��►C1,,nin', ni�in}�►n��, ►(1�1�.►��{�i�i�;.�S�.��,;.�t i,.';�,t�t�i i r�ir�i'tni t•,��;i'•�� ii; �:i�;`�t�f i�i�'i►f(}�(►jTU•�+(!�tU�U G�'+2�'J kw 4i%tilgiteigi�U•C')• ��IUTV Vit itt itAi VtU Ut(� �U+t3U e V rSC�{7 itAtitCf VU u UCH r�UL'�U'G • EXHIBIT H Wildlife Information General Buys and Associates, Inc. (B&A) was retained by Tetra Tech to assess wildlife habitats (including habitat for T&E species) on the Lafarge Iverson Property (Project Area) in Weld County north of Greeley, Colorado (Appendix H-A— Figure H-1). Wildlife surveys and habitat assessments were initially conducted by B&A biologists on February 5 and 6, 2009. During this initial survey, habitat and cover types were documented, a raptor nest inventory was conducted, and the potential for special status species habitat was analyzed. A subsequent survey was conducted on October 29, 2010 in which a raptor nest inventory was completed and a formal wetland delineation of a potential wetland on the eastern portion of the property was conducted. B&A biologists surveyed the property on foot using a Garmin GPSMAP 60CSx(accurate to < 10 meters). Photos and notes were taken of the wildlife habitats present in the Project Area(photos are included in Appendix H-B). The Project Area is located within Section 34 of Township 6 North, Range 66 West. A conveyor system associated with this project is scheduled to be installed extending from the eastern edge of the Project Area onto property owned by the City of Greeley. This conveyor will take aggregate from the Iverson Mine to Lafarge's 35th Avenue site for processing (Appendix H-A—Figure H-1). The Cache La Poudre River meanders through Section 34, and borders the Project Area on the • western and northern side. The river is surrounded by a riparian corridor, which consists of a mature and young cottonwood canopy. The Boyd Freeman Ditch, which moves water from the Cache La Poudre River, runs along the southern edge of the Project Area. Large portions of the property, including the conveyor system extension, have been used for agriculture with hay and alfalfa production being the primary land use. Figure 11-2 in Appendix H-A displays the Project Area and the sub-regions of land use/vegetation on the property. Table 1 summarizes land use, vegetative cover, and existing structures within the Project Area. For more information regarding the vegetation, refer to Exhibit J—Vegetation Information. Table 1.Project Area Description 0pa6e La RaN m acres} f q�dre Land l st[Vegetationlnfortuahon l xisttngStructures Iltter . , . •Northwest section of the property is -An oil/gas well just east of the river,in the currently a fallow area. southwestern portion of the property. •Northeast section has an area of young •A house and farm buildings in the southeast cottonwoods. portion of the property. 7,242 feet •The majority of the property is under -Various gravel/dirt two-track roads on property. 84 border cultivation(hay and alfalfa). acres •A riparian corridor with a mature property cottonwood canopy borders the river. •Manmade wetland/pond on eastern edge of property. •Boyd Freeman Ditch bordering the southern portion of the property. • Iverson Mine DRMS 112 Reclamation Permit Application Page HI of H8 • Significant Wildlife Resources The Project Area falls within the Central Shortgrass Prairie Physiographic Region (PIF 2009) or the Great Plains physiographic feature (Mutel and Emerick 1992). According to Mutel and Emerick (1992), the plains grasslands and lowland riparian areas in Colorado provide habitat for the following common mammals: badger (Taxidea taxus), coyote (Canis latrans), deer mouse (Peromyscus maniculatus), western harvest mouse (Reithrodontomys megalotis), plains pocket gopher (Geomys bursarius), black-tailed prairie dog (Cynomys ludovicianus), eastern cottontail (Sylvilagus fioridanus), muskrat (Ondatra zibethicus), raccoon (Procyon lotor), stripped skunk (Mephitis mephitis), and fox squirrel (Sciurus niger). A large variety of migratory birds utilize these habitats, they include: red winged blackbird (Agelaius phoeniceus), American coot (Fulica americana), northern flicker (Colaptes auratus), western grebe (Aechmophorus occidentalis), eastern kingbird (Tyrannus tyrannus), Bullock's oriole (Icterus bullocki/), Virginia rail (Rallus limicola), barn swallow (Hirundo rustica), house wren (Troglodytes aedon), western meadowlark (Sturnella neglecta), vesper sparrow (Pooecetes gramineus), prairie falcon (Falco mexicanus), golden eagle (Aquila chrysaetos), and Swainson's hawk (Buteo swainsoni). Reptiles and amphibians that utilize these habitats include: western rattlesnake (Crotalus viridis), plains leopard frog (Rana blairt), Western chorus frog (Pseudacris triseriata), tiger salamander (Ambystoma tigrinum), painted turtle (Chrysemys pieta), and the Great Plains toad (Bufo cognatus). The property is dominated by pasture grasses and agricultural fields but also contains lowland riparian vegetation which surrounds the Cache La Poudre River. These areas provide habitat to 411 various wildlife species. However, the presence of invasive and exotic plant species throughout the area and along the river channel, as well as the channelized nature of the river bank somewhat diminish the quality of habitat. According to Colorado Division of Wildlife's Natural Diversity Information Source GIS data (CDOW-NDIS 2008), the following wildlife habitats occur in the Project Area: • Greater prairie chicken historic range, • Preble'sjumping mouse overall range, • Black-tailed prairie dog overall range, • Bald eagle winter range, winter concentration, and winter/summer foraging areas, and • Mule deer summer and winter range. A general wildlife survey was conducted on February 5 and 6, 2009, and October 29, 2010. Table 2 provides the wildlife species observed during both surveys. Table 2. Wildlife Species Observed During the Surveys CommonNime Stjentilkfame Status Birds American Kestrel Falco sparverius Not listed American Robin Turdus migratorius Not listed Bald Eagle Haliaeetus leucocephalus State Threatened Iverson Mine • DRMS 112 Reclamation Permit Application Page H2 of H8 Common Name Scteiltific7Yame 4 Status(' Belted Kingfisher Ceryle alcyon Not listed Black-billed Magpie Pica pica Not listed Canada Goose Branta canadensis Not listed Dark-eyed Junco Junco hyemalis Not listed Downy Woodpecker Picoides pubescens Not listed European Starling Sturnus vulgaris Other Game Great-horned Owl Bubo virginianus Not listed Mallard Anas platyrhynchos Not listed Northern Flicker Colaptes auratus Not listed Northern Harrier Circus cyaneus Not listed Red-tailed Hawk Buteojamaicensis Not listed Red-winged Blackbird Agelaius phoeniceus Not listed White-crowned Sparrow Zonotrichia leucophrys Not listed Wild Turkey Meleagris gallopavo Small Game Bird Mammals Black-tailed Prairie Dog Cynomys ludovicianus State Special Concern Common Muskrat Ondatra zibethicus Furbearer Eastern Cottontail Sylvilagus jloridanus Small Game Mammal Fox Squirrel Sciurus niger Small Game Mammal Raccoon* Procyon lot or Furbearer Western Harvest Mouse* _ Reithrodontomys megatons Not listed 'The observed individual of this species was dead. A heron rookery was documented to the southwest of the property, however; the rookery was not in • use during either survey and herons were not observed. Figure H-3 in Appendix H-A show the general location of the rookery trees. An initial raptor survey of the Project Area and a %2 mile buffer was conducted on February 5 and 6, 2009, and the area was re-surveyed during the October 2010 survey. Seven nests were documented during the February 2009 survey and these previously identified nest locations were revisited during the October 2010 survey. All seven previously identified raptor nests, including one additional raptor nest(Nest 6) were documented during the October 2010 survey(Appendix H-A—Figure H- 3). Two nests (Nest 2 and 5) were occupied by great-horned owls during the February 2009 survey. All other raptor nests were inactive during both surveys. Table 3 provides information about the raptor nests that were documented during the two surveys. Table 3.Ra for Nests Observed During the Surveys Nest . Status' Species ' r,T:ocation(ft' M.267te.„13T) CS Nest 1 Inactive Unknown N:4477987,E:519467 Nest 2 Inactive* Great-horned Owl N:4477371,E:519072 Nest 3 Inactive Unknown N:4476892,E:519540 Nest 4 Inactive Unknown N:4476760,E: 519587 Nest 5 Inactive* Great-homed Owl N:4476666,E:519744 Nest 6** Inactive Unknown N:4477176,E:519882 Nest 7 Inactive Unknown N:4476554,E:519104 Nest 8 Inactive Unknown N:4477262,E:519830 * Nests were active during February 2009 survey. ** New nest location observed during October 2010 survey. • Iverson Mine DBMS 112 Reclamation Permit Application Page 113 of 118 III Seasonal Use of the Area Most of the wildlife species inhabiting the Project Area are year-round residents utilizing the entire corridor along the Cache La Poudre River. Migratory bird species utilize the river, irrigation ditches, ponds and the fields near these water features in both spring and fall. Presence and Estimated Population of Special Status Species Special status species(i.e., Federally-listed, State-listed, and State species of concern), that have the potential to occur in the Project Area and their habitats are listed in Table 4. Table 4. Special Status Species with the Potential to Occur in the Project Area Common Name Scientific tsiatite ' 4' Htr s t`i �- GencPat TieNi `f k a� 'nip Amphibians Northern Cricket Acris crepimns SC Edges of permanent or semi-permanent ponds,reservoirs, Frog and streams,and along irrigation ditches. Northern Wet meadows,marshes,ponds,glacial kettle ponds,beaver Leopard Frog Ranapipiens SC P ponds,lakes,reservoirs,streams,and irrigation ditches. Birds Whooping Mudflats around reservoirs and in agricultural areas.Casual Crane* Grus americana FE,SE migrant on eastern plains. Reservoirs,lakes,and rivers with sandy shorelines. Least Tern Sterna antillarum FE,SE CasuaUvery rare spring and fall migrant. Bald Ea le Haliaeetus Reservoirs and rivers.In winter,may also occur in semi- g leucocephalus ST deserts and grasslands. • Burrowing Owl Athene cunicularia ST Grasslands in or near prairie dog towns. Greater Sandhill Grus canadensis SC Mudflats around reservoirs,in moist meadows,and in Craneagricultural areas.Casual in mid-winter. Ferruginous Buteo regalis SC Grasslands and semi-desert shrublands.Winter resident on Hawk eastern plains Mountain Plover Charadrius SC Dry habitat with short grass and bare ground.Rare to fairly montanus common summer resident locally on eastern plains. Long-Billed Numenius SC Short-grass grasslands,wheat fields,or fallow fields.Breeds Curlew americanus in Pawnee National Grassland and Weld County. Fish Northern Requires vegetation and slow flowing streams. Redbelly Dace* Phoxinus eos SE Native to the South Platte River Basin. Brassy Minnow Hybognathus ST Cool,clear water with abundant aquatic vegetation and a hanldnsoni gravel substrate overlaid by organic sediment. Mammals Preble's Meadow Zapus hudsonius FT,ST Heavily vegetated,shrub-dominated riparian(streamside) Jumping Mouse* preblei habitats and immediately adjacent upland habitats. Northern River Riparian habitats that traverse a variety of other ecosystems. Otter Lutra canadensis ST Evidence of species along the Poudre in Larimer County. Black-tailed Cynomys Prairie Dog ludovicionus SC Short grass or mixed prairie. Northern Pocket Thomomys SC Agricultural and pasture lands,semi-desert shrublands,and Iverson Mine • DRMS 112 Reclamation Permit Application Page 114 of 118 • 'Couimon Name Scientific Name': �,' Status,: General Habitat Aecciptiorr 3.„r:S Gopher talpoides grasslands. Reptiles Midget Faded Crotalus viridis SC Grasslands and prairies,and in brush. Rattlesnake concolor Common Garter Thamnophis Aquatic,wetland,and riparian habitats along the floodplains Snake sirtalis SC of streams. Mollusks Cylindrical Anodontoides Creeks and small rivers.It is generally a headwater species, Papershell* ferussacianus SC found in substrates of mud or sand. *This species has been documented or is likely to occur within a 2-mile radius of Section 34 of T6N,R66W(The Natural Heritage Program 2009). Source:CDOW-NDIS 2009 FE=Federally Endangered,FT=Federally Threatened,SE=State Endangered,ST=State Threatened,SC=State Special Concern Eight Federally or State-listed species have the potential to occur in the area: whooping crane, least tern, bald eagle, burrowing owl, northern redbelly dace, brassy minnow, Preble's meadow jumping mouse, and northern river otter. The Colorado Natural Heritage Program (CNHP) also has accounts of the following special status species in the general area of Section 34 of T6N, R66W: whooping crane, northern redbelly dace, Preble's meadow jumping mouse, and the cylindrical papershell (CNHP 2008). The whooping crane(Gros americana), a Federal and State endangered species, is a casual migrant • on the Eastern Plains and has been historically observed in the area. The CNHP's Biodiversity Tracking and Conservation System identified one occurrence record in 1982, east of Severence, Colorado (CNHP 2008). There is a low potential for the species to occur in the Project Area. The least tern (Sterna antillarum) is a Federal and State endangered shorebird, which is a casual to very rare spring and fall migrant on the northeastern plains. Migrants occur at reservoirs, lakes, and rivers with bare sandy shorelines. The CNHP has no accounts of this species in the area (CNHP 2008). There is a low potential for the species to occur in the Project Area. The bald eagle (Haliaeetus leucocephalus) was Federally de-listed on July 9, 2007. Bald Eagle populations continue to be closely monitored and managed by the Colorado Division of Wildlife as a State threatened species. The U.S. Fish and Wildlife Service will also monitor their populations under their authority through the Bald and Golden Eagle Protection Act and Migratory Bird Treaty Act. Bald eagles nest on a property several miles west of Section 34, but may utilize the Project Area for hunting and the river corridor for perching and roosting. Several bald eagles were observed in the area during the February 2009 survey. The burrowing owl (Athena cunicularia) is a State threatened species. Burrowing owls are found primarily in eastern Colorado as a summer resident and as casual winter resident on the eastern plains. They are fairly common on the eastern plains. Prairie dog colonies were searched for evidence of burrowing owls (white-wash, small mammal remains), but no evidence of burrowing owls were documented during the February 2009 or October 2010 survey. Although no burrowing owls were observed during either survey,there is a moderate potential for the species to occur in the • Iverson Mine DRMS 112 Reclamation Permit Application Page H5 of H8 Project Area. • The northern redbelly dace (Phoxinus eos) is a State endangered fish. The CNHP data search identified one historic record (in 1914)approximately I-mile downstream of the area (CNHP 2008). In recent years, only five specimens of the northern redbelly dace have been collected in Colorado: two specimens from the Plum Creek drainage in the foothills south of Denver, and three from a pond adjacent to a Plum Creek tributary (CDOW-NDIS 2009). There is a low potential for the species to occur in the Project Area. The brassy minnow (Hybognathus hankinsoni) is listed as a State threatened fish, which utilizes cool, clear water with abundant aquatic vegetation and a gravel substrate overlaid by organic sediment. The species is currently found in low numbers in the South Platte River; however, it is mainly restricted to mainstem portions of the river and is most abundant in the eastern portion of the plains. The only tributaries of the Platte to contain brassy minnows were the lower St. Vrain River and Spottlewood Creek (CDOW-NDIS 2009). There is a low potential for the species to occur in the Project Area. The Preble's meadow jumping mouse (PMJM) (Zapus hudsonius preblei) is a Federal and State threatened mouse. The PMJM utilizes areas with well-developed riparian vegetation, relatively undisturbed surrounding grassland, and a water source in close proximity. The species prefers dense herbaceous vegetation consisting of a variety of grasses, forbs and thick shrubs, and favors sites that are structurally diverse and provide adequate cover and food throughout its life cycle (USFWS 2004). •The CNHP's Biodiversity Tracking and Conservation System identified several occurrence records, however, no records have associated dates or specific section numbers (CNHP 2008). Several accounts occurred in townships and ranges surrounding the Project Area. Only one account occurred in Township 6 North, Range 66 West. According to the CNHP's map of PMJM trapping efforts in the area (CNHP 2007), there have been numerous trapping and evaluation efforts in the vicinity of the Project Area. PMJM trapping on the Cache La Poudre River (approximately 10 miles upstream and approximately 8 miles downstream of the Project Area) have resulted in negative findings of the species. The Project Area has not been evaluated in the past. The closest PMJM trapping or evaluation occurred just west of the Project Area; these trapping results were negative. The closest positive trapping result occurred approximately 8 miles south of the Project Area, along the South Platte River(CNHP 2007). An PMJM survey was conducted on February 5 and 6, 2009. During this survey, B&A biologists assessed the Project Area to determine if suitable PMJM habitat was present. A large majority of the Project Area did not contain suitable PMJM habitat due to the Cache La Poudre River being deeply entrenched, heavily rip-rapped and sparsely vegetated. Habitat disturbances in the area have also been caused by farming and grazing practices. The shrub component that could provide cover and hibernaculum for PMJM is very sparse along the river which borders the Project Area. Due to channelization, and past and current grazing management, the riparian zone is narrow and is dominated by upland grasses and a narrow band of cottonwood trees. A small portion of the Project Area contained a small area of potential PMJM habitat (see Iverson Mine • DRMS 112 Reclamation Permit Application Page H6 of H8 • Appendix H-C for the February 2009 PMJM survey field data compilation forms and report). Although portions of the Cache La Poudre River riparian corridor contains potential habitat for the PMJM in the Project Area, the riparian corridor upstream and downstream of this area does not provide adequate cover or habitat for the PMJM. The species has not been documented within the property or in the surrounding area. As such, there is a low potential for the species to occur in the Project Area. The northern river otter (Lutra canadensis) is a State threatened species that inhabits riparian habitats in a variety of ecosystems ranging from semi-desert shrublands to montane and subalpine forests. The species requires permanent water of relatively high quality with an abundant food base of fish or crustaceans. The CNHP shows no accounts of the species in the Project Area. However, tracks and other sign of otters have been found in the Cache La Poudre and Laramie drainages in Larimer County, upstream of the Project Area. There is a low potential for the species to occur in the Project Area. The cylindrical papershell (Anodontoides ferussacianus) is a mollusk of State Special Concern. This species prefers silty areas in shallow water. It is thought to inhabit small streams, creeks, and lakes in sand or fine gravel, but also is tolerant of impoundment (NatureServe 2009). In Colorado, this species reaches the edge of its western range and has declined to just a couple sites in the South Platte River drainage (NatureServe 2009). The CNHP's Biodiversity Tracking and Conservation System identified several occurrence records. One account of the species occurred in 1906 approximately 2-miles west of the Project Area. Several accounts are located in the surrounding area, including within the Project Area, but have no dates associated with them. There is a • moderate potential for the species to occur in the Project Area. General Effect on Wildlife Due to Mining Operations Although the exact Plan of Operations including mitigation measures to protect wildlife species have not been finalized at this time, it is not likely that the proposed project would adversely affect wildlife species. Direct and indirect impacts to wildlife would likely depend on several factors: 1) sensitivity of the species to human activity; 2) seasonal and daily timing of construction and development activities; and 3) availability of similar habitats outside of the Project Area. A majority of the habitat in the Project Area has been altered by agricultural practices. As such, impacts associated with disturbance of this habitat are likely to have minor impacts to wildlife species. Many of the species utilizing habitats on the property (e.g., rabbits, coyotes, skunks, raccoon, rodents, and deer) are habitat generalists, meaning they are not tightly restricted to specific habitat types. In addition, higher quality habitats are located in close proximity to the proposed project area. Although some of the resident wildlife species utilizing the property may be temporarily displaced by the proposed mining activity, final reclamation would provide more diverse and higher quality habitat for wildlife currently utilizing the site and would likely draw many other species. Colorado Division of Wildlife Consultation B&A biologists contacted Brandon Muller, District Wildlife Manager for the Colorado Division of Wildlife, in January 2009. He spoke with B&A biologists' in-person during the initial field survey • Iverson Mine DRMS 112 Reclamation Permit Application Page H7 of 118 on February 5, 2009. The survey techniques were discussed, as well as the various wildlife species • that utilize the Project Area and may be encountered during the survey. Literature Cited Colorado Division of Wildlife—Natural Diversity Information Source (CDOW-NDIS). 2008. Natural Resource GIS Data. Available at: http://ndis.nrel.colostate.edu/ftp/index.html. Colorado Natural Heritage Program (CNHP). 2007. CNHP Potential Areas (PCAs) and Preble's Meadow Jumping Mouse Trapping Efforts Known from the East of Greeley to the East of Windsor MAP. Map Created June 08, 2007 for the Parson's Mine DRMS 112 Reclamation Permit Application. Colorado Natural Heritage Program (CNHP). 2008. Locations and Status of Rare and/or Imperiled Species and Natural Communities known or likely to occur within a two-mile radius of the Area of Interest located in Section 34 of T6N, R66W, located immediately northwest of Greeley, Colorado. Report Generated September 15, 2008. Mutel, C.F. and J.C.Emerick. 1992. From Grassland to Glacier: The Natural History of Colorado and the Surrounding Region.Johnson books, Boulder. NatureServe. 2009. NatureServe Explorer: An online encyclopedia of life [web application]. Version 7.1.NatureServe, Arlington, Virginia. Available http://www.natureserve.org/explorer. Accessed: February 25, 2009. • US Fish& Wildlife Service. (USFWS) 2004. Preble's Meadow Jumping Mouse (Zapus hudsonius preblei) Survey Guidelines. Revised April 2004. Available at: http://www.fws.gov/mountain-prairie/species/mammals/preble/ Appendices Appendix H-A: Site Maps Appendix H-B: Site Photographs Appendix H-C: February 2009 PMJM Survey Field Data Compilation Forms Iverson Mine • DRMS 112 Reclamation Permit Application Page H8 of H8 • Appendix H-A Site Maps i ! it -i, . -g. Lit , I. p1 iI:. • - /// : I - , . . • i 1•'-i.• 11/4 t i • - i r , _ , r �� °•,? 1 a II 4 i i� e. w,, i ea, r . � GI * y A _ i -Pi , 1. • • -PI dr � '1 ' _. y r 1 • _....„...... J- -c? Ilk .; - , ', , ,---2....,.._ _ . r. ,..." ivy n ' . ' * n4 " •• r 1 hf, _ '�R�i2 M a '' r s-- ,�..R • . r ,, • • Cr t� jig. r ♦w foci. }' a 1- ,,? 't, -'1 f• ••-4 . , ...V.-1 .. •O/, ihr ickfilli :If * r• 1,e illit N kiiiilligi 1.1111.-'41 ei •', +•I ek fs VL,�r't ` J%5 : t • F f+�y� , �e •. f• ir ( 3L �• r.{ • ' pit �•. - ►ass .r :b _ • a y � t -6225 •it . ,-....,--- Risk ' .4' ik, or # , - - -f.,2.it ....Jig. . • -..c,titil6t... 01 • _ , • .0. .1 . ., .. _, i . • .41'k. 1 il - -it' ; ea . • . •"- t. „i.e.:. ,,y. ..„. rNit)0.4....„ -, - -, ,,,,, 4) . - y t • e Ah '� •.: •� l•q f7. •.; , cR ''° �4 ; . Greeley No. Ditch. elk ati'^S• y��1s �C� 5 f.• Iy -1 -J.P�'�. .7 �• 1.t ,, •• •Y•. ,it •./a• -_ .'',�71�j .•,,,.� w C t� t, •:yet I . : ;�' ...0.1*. o AJ ...• I ,yt -x , � C, _ ,.,� o OP`s' '•>E ' , t y l'jaop{�� ; ty e, c. j 4 it rat sA t,,2 - .� a_it P. ‘.. -silt ' i��/.i'. -�^ ✓.• r� . . ; i t.•• • W �. .1 t . - i! �� .ea✓lfL : L ■ 1a , _ . 111 , �•�'��- Le end N Tetra-Tech Project Location g i Project Area W O. i Lafarge Iverson Mine Roads S $ 1 $ 1 Railroad Project Area -"•-' Rivers 0 I Ditch Section 34, T6N, R66W, Weld County, CO November 2010 Figure H-1 o 0.05 0.1 0.2 COLORADO Miles Buys & Associates, Inc. U - ,-_ 1. . .________ _ _:. ___ ___ _________.. „.....„ . 27-- 26 Sit 441 4 i1 • �. ..irnmetro r_IFi .gmestompormigurrn 11 lir ilMkill 1 , • , • r ,, A , . a. .0 r, it O. CniZlifilt • ( I M s 4 • .cs'r'! ti I -s--. ..-•••-. -• :. • , Y 3/2. , c.,..-t,-,. ..._. _... ; - i ' - •- • , i . • 111==L ,l,�s • = t _ o, lt' _ • _e — 40..0..-41:tot_ 40S:42.4, --"-- • -' - 1 airApr � ._ \ �' r •�, Photo Point soy r77 1 libt 111 4 15 d4 PhotoPoint 2 t,rC x ,;L' • .... r I ►y„2 ak: dipiii, ye 4,,, ,, re_ tee, , , ilt:14 s, • i i il s . gate cle, rip 4 • ,, t 4, - i," • 14144.•„. . tico,.. 4 , �.. 141 +K ! u . /v.;�./. . �. e ' ♦ - _ ..1 tr•N_fi�' ryeer ,• tr.S� • a r 1• . -:::-.S.Sie. -•."'-• •-:•:-.4:-. -• ti .crti er ito7' w . ' ' f eSgee . . .. ‘ ill 1 ill At _ , ,..... . ..Sad .." ill e#'xi's_ .. - . • c ,,,H4C•••• i ' Il ' '�. •, -.. '*Ike' ,1.. 44 • `` P ..-�,, 1 f fir. r .`4 - • • I. • Si trjae 1411 IV I irik 4 , a..fa '`' �� ti.� Photo •PoiM:4 -:1' .. .' � _ • f ' . I • _ / f S+'�• ' 1!.• . M- ' ' ,• • .. �4C.• :w. 'f• .1...:. tl 1 d. - "'F• --_.t 1 ,1e ,c6, .11�;' �� Nalr. -r--' � Boman Ditch _ r---: . 1 f • ` r •• �� •.;.s.. di \1 •'w P • .: ,..a r'. . it 4I :� • r , �" •r. _t' �'` V v II 6225 _ _ . i. Ari d 1 •' ' { `�.• • _ ., - - • 1 t! ' • • - - - - 'r � , III IjI _ • •'_ - . ' .�• '.%%S"-‘, ‘, t • '. , , i i •1 14‘.- -' ' 4 r IIl• - itt •: w�• •R ��. r " " ' r Greeley- No. 3 Ditch s '• to �r ' '^ .,D,,, s , ..... �• ir - �Ilyt. p1, • /� {1w;bar 1/4 �.ett • is - '� A44-41..\_. _ F G tit t s N�, tS:� 7 .t yh��.,,, - _ � . • _ ' ..4. • �• ' f�.VIZe`- • 1; ; •III, �E �`tra� `�, n,s�•- ,. • r •C wr. .• : - r ', . - '' -tom+04�F I. . ,\ • "'G• - . .4 21r. 1 ,� ; ,.tom , wt. T _ - , s•w_.i� \�! \• . 1 \ • - /jerk ;I '. ,i r ,r• liar Pr•� 1i •• . . l!• • - . I e 't y .• f� 11. r • `' Tetra-Tech Project Location Legend Viit. Lafarge Iverson Mine S Project Area Wetlands ---' Rivers liti Cottonwood Land UseNegetation I ? Photo Points FallowArea • Roads Cultivated Area Section 34, T6N, R66W, Weld County, CO r I I I Railroad Ditch November 2010 Figure H-2 0 0.04 0.08 0.16 COLORADO Buys & Associates, Inc. miles 4i� •. LTi ;; t . illella • 26' y in • •,'1'', -6414 1 AU t e �•Poud� ftiVer ___ " Cacti i. saris • �J4D .j — ,_,.44 e J • w••••. et a �• w b'�"ea .r �. • � ,•4` •, 1+~�4 _ 114• 1 ._ ` 2 dfit i ' " - : • •rNest2 �n , � ' . _ ,�i `',�� ° t: . i L rN • . Raptor Nest 8 ' 4�y]�'- �rh -•ems ;- 7r� 3 1 err : . I. . Illill i l t� •rNast3 : n Ill .- I ; ' µ•ms 41 ` . - 4. �( I < /a IS: . 6225 - r1�iGsr:.� yH A : •'1•rN =sty _ , •O sod e ,,fi r �. ' • a, i Al i , ti Ifl -..,:n., 1 al .i. .. c.7%.,...,.. , sly . - I �• ► .4'i 'r-2_1-, am. • - e < hr•..•`-"--'•-� �a . �• _. ..'.- • .� •J. 1 a ` -A5.... 4_ 1� rte_.. - i.flee.rimmisil • •1 -*It �y/y� 11 1 . ,`�'..1/ •�'. .:•{' [, - ►q i • .n f- �. 11r . h • a • ,(J • :sits- I • �f , •4 fa •• �-- r ;1. f ' C; , _ • ,'.• , :_� 4-s.• 1 ( I ••w!,�`�'fr�t7 •1, •k.•. .I Ir. ,�'.r •• . = .4- st,i t .• y, i 1J`� t` � .•�- St . ;'i • t,Wt. nil irs ' Z Ott, i i w . .. y, 4.a . . ••IS' . 41 S r•may/ ( N ti ( ,.''•S. .t� •1' 1. t y1rj 1;y-ft- �' /. - •'a • . , ��M•!s • �It �y •T, 1/2 •�� • t r 9 K�l „ �)I .,f ifit• Al • �.F' •!1` tit( � ' y ~ �� '^4 j rt; ;••• .Z •• .•14 .• efik tj • 4 4.j• _- :•a4 _ . J•. ` ••• �l• • w� ('' •• �•. 1 t�T ( • . ♦ , • • ry ,,.'iPa �a ,.� '� j` j,�-•.�• ♦.. •J{. •+ '� ; ` .` i �a tM• lrw ' • • ••�i I • ~{'.rte , • ..Z tQ /y'' �. )1' '•.. 1 . i Rr 'ktut ar_"-"''111. • zero 2� e I �r.1‘,-f°' 1 r ` ` `y .�•� 4 • . w r►1 .a 'l• - •s 1 • . ) w. C• ► a'1r �� M'•Y" M al ..... 7 h'I 'i (it •, 'f G•?•�' It(ICI �4 1•.t �,� �'�r.. . _ p'�' A, ,..i- m ' W. fs^ r,�f. h M , -op, = L- ... y I �f' y �� . .411 4 . '. v./ '.SI . ,st P �}c �. 9'% Y {, s l• �r0 '44 1, ' w • �• b .1v L i 'It ', ._ aig t _ -. M :3•, i�. �. « + - a''-'s�.r.!•V7 w _ i 1.1�. S, �• ,,, [', a+f',,.• ) _ '•i' /%' '�� .• �e'TTT T•' ,�. I a �,• t... 4'a -r 11/- 4'• � F t •';3 t ""{�ri, J�,r, ;S. -,.trs.�ls�r t. � • 'l.b 4.�' r • 'l .;�. .�1'-.j�� .1••( ➢!"-• 11 � •.I •Lt ` •• • T• .4r _ ..h2Yr fr ' i ' 1 r•. a' - _ �rsr � �' • •1 '� SL� N Tetra-Tech Project Location I; w r��rJ Lafarge Iverson Mine Legend s • Raptor Nest t -rte Railroad ___• Q Project Area Rookery Raptor Nests Ditch Roads Section 34, T6N, R66W, Weld County, CO 1/2 Mile Buffer Rivers November 2010 Figure H-3 0 0.125 0.25 0.5 COLORADO Miles Buys & Associates, Inc. • Appendix H-B Site Photographs Appendix H-B — Site Photographs, October 29, 2010 • i. °� ,� 4 jj 1 5 ., - 4, tir• Photo point 001, looking north into Photo point 004, looking northeast cottonwoods , - sil , �'9 ., 1, c } 'u liki :I wksitig- t ... •hil. t` ► , �} t. J . , / ID :1 ' rct'' 1 1 tom - - = Photo point 002, looking south along edge of Photo point 005, looking north into wetland cottonwoods and fallow area . area. ;•: - -1 . ¶, Photo point 003, looking south • • Appendix H-C February 2009 PMJM Survey Field Data Compilation Forms • • • Preble's Meadow Jumping Mouse, Zapus hudsonius preblei 2004 Survey Field Data Compilation Form 0 TRAPPING SURVEY IA EVALUATED,NOT TRAPPED Fill out both sections 1 and 2 jf trapping survey,fill out section 1 only if habitat evaluation (le. not trapped). Compilation forms needed for updated habitat evaluations and site disqualification requests. SECTION 1 Surveyor: Date of Site/Habitat Assessment a is f oq - d)t,I 09 Organization/Company ti3t&-�s * Associ cd"&, Full Name(s) 1Ari o f Ac Str Dc in Swan Location: Project Name(if applicable) LC&fE-c.ro}e =v-erSon ?mperh.a 1- C;1 e( C;r1ze_\e_y Project Description(nearby road intersection,type of impact,etc.) se d- Co r4-41 lL cv dt. Sct ,dv-cn pfopoSfcl .{-15r Clt-c,uet C \inino� U.S.G.S.Quad Name Qcc,ce%,.,ell County Wetc& Elevation Litecl O-C+ Township(s) N Range(s) Coln'V Section(s) .34 YY4 Section(s) c.-e kr c4 5 ck 'n UTM Coordinates,Zone 13 Northing I'-17-1 a' P Easting 5)ool01 UTM Coordinate Datum NAD27 0 NAD83 Directions to Location NorTt. -1't, ►4W,�'34 Gcs-h -to 591' A'nue NorN, cl. 'proK ;Lri, Land Ownership pc Nosjce 1ov,ck OW Ile r ' 1-% er S'o/1 *9-sit A+ro.C1..r k,-For S =4c, MC 40,w'o'QIAo-tas * Habitat: General Habitat Description`Povotre- giver -pot-40m 1,x1,91^II duS"ivr-rt .t tt�^c' e l , rip(Q-ppro, one pocfiort (NE cF e)P.9&*J) con' •rr 4c (�y c st, + vncL4S-tv(taecA r Coprki:k)ne-d- DominantOverstory Plant Community Cottt,n rao&( istrty 2.u5sia,0L.\ ( tc,cctrjnus a c)vs-t:•FoU. Dominant Understory Plant Community cvz-laic wi I tow(5.k ci way),5rrcctik bnome(grbrn vs in•=crri d), (Zvdccna Ilc,czif (ThatCtr13 ark,rtt-u Ace ceo) Current Land Use Act r cu.k irC, (Lvs i -rte,.Q Drainage Name: (,,ctne tot`4 cka r . Type:Perennial Stream X Ephemeral Stream Pond/Lake Ditch Other SECTION 2: i\-ti A. Z. h.preblei found? Yes ❑ No O Dates of Survey Trapping Information: Type of Traps Type of Bait %Available(unsprung) Number of Nights Trapped Total Trapnights Weather conditions prior to and during survey Associated Animal Species(especially urban predators,rats,house mice) Page 1 8 of 20 • Sketch of surveyed area showing traplines, specific area disqualified(can be done on required U.S.G.S. map of site if appropriate). N1 Preble's Data: Number of Preble's trapped or seen Distance from water(m)Sex(m/f)Evidence of repro.* Weight(grams). Marked or tagged? 1. 2.3. S 4. (Continue on separate sheet if needed) *Reproduction evidence for males is descended testes,for females is enlarged nipples. Evidence of disease, predation or injury (Submit injury/mortality form if appropriate) Genetic Material Obtained?Yes No Forwarded to Specimen(s)?Yes _ No Forwarded to Additional Comments: Page 19 of 20 • • Introduction At the request of Tetra Tech, Buys and Associates, Inc. (B&A) was asked to review habitat suitability for Preble's Meadow Jumping Mouse (Zapus hudsonius preblei) on the Iverson Property and the City of Greeley property (Project Area) located in Weld County north of Greeley, Colorado (Figure H-Cl). The Project Area falls within Section 34 of Township 6 North, Range 66 West. Lafarge West, Inc plans to apply for a Colorado Division of Reclamation, Mining, and Safety 112 mining permit in this area. The Cache La Poudre River meanders through Section 34 and either borders or runs adjacent to the Project Area. The river is surrounded by a riparian corridor which consists of a mature and young cottonwood canopy. This Project Area was surveyed because it is within potential occupied range for the species(USFWS 2004): • The site is located in Weld County below 7,600 feet in elevation. • The Cache la Poudre, a tributary of the South Platte River, borders the Project Area. • Riparian habitat occurs in the Project Area. • Irrigation ditches are present in the Project Area. Species Background • The Preble's meadow jumping mouse (PMJM) (Zapus hudsonius preblei) is a Federal and State threatened mouse. The PMJM utilizes areas with well-developed riparian vegetation, relatively undisturbed surrounding grassland, and a water source in close proximity. The species prefers dense herbaceous vegetation consisting of a variety of grasses, forbs and thick shrubs, and favors sites that are structurally diverse and provide adequate cover and food throughout its life cycle (USFWS 2004). The CNHP's Biodiversity Tracking and Conservation System identified several occurrence records, however, no records have associated dates or specific section numbers (CNHP 2008). Several accounts occurred in townships and ranges surrounding the Project Area. Only one account occurred in Township 6 North, Range 66 West. According to the CNHP's map of PMJM trapping efforts in the area (CNHP 2007), there have been numerous trapping and evaluation efforts in the vicinity of the Project Area. PMJM trapping on the Cache La Poudre River (approximately 10 miles upstream and approximately 8 miles downstream of the Project Area) have resulted in negative findings of the species. The Project Area has not been evaluated in the past. The closest PMJM trapping or evaluation occurred just west of the Project Area; these trapping results were negative. The closest positive trapping result occurred approximately 8 miles south of the Project Area, along the South Platte River (CNHP 2007). Survey Results A PMJM survey was conducted on February 5 and 6, 2009. During this survey, B&A biologists assessed the Project Area to determine if suitable PMJM habitat was present. • The riparian corridor bordering the Project Area was assessed. The photographs that • were taken during the survey are attached. Figure H-Cl provides a map of the photo points of the riparian corridor. A majority of the Project Area did not contain suitable PMJM habitat. The southern edge of the Cache La Poudre River which borders the Project Area is deeply entrenched, heavily rip-rapped and sparsely vegetated. Habitat disturbances in these areas have also been caused by past farming and grazing practices. The shrub component is very sparse along the southern bank of the river in this area. Due to channelization, and past and current land management, the riparian zone is narrow and is dominated by upland grasses and a narrow band of cottonwood trees. See attached photos. Although the majority of the southern bank of the river in the Project Area is channelized, bermed and riprapped, the bank on the north side of the river is fairly natural, and contains meandering side channels that were produced during flooding. Some side channels have wetland vegetation. The understory in this area of the river is also denser, and contains a fairly contiguous willow thicket. Other shrubs in the area include snowberry, currant, and rose. The herbaceous cover includes cattails, bulrush, smooth brome, canary reed grass, and other pasture grasses. The northeastern portion of the Project Area contained a small area of potential PMJM habitat. In total, approximately 500 feet of the riparian corridor in the Project Area contains potential PMJM habitat. Figure H-Cl provides a map of the general area where • the potential PMJM habitat is located, as well as photo points of the riparian corridor within the Project Area. Although approximately 500 feet of the Cache La Poudre River riparian corridor contains potential habitat for the PMJM in the Project Area, the riparian corridor upstream and downstream of this area does not provide adequate cover or habitat for the PMJM. The species has not been documented within the Project Area or in the surrounding area. As such, there is a low potential for the species to occur in the Project Area. References US Fish & Wildlife Service. 2004. Preble's Meadow Jumping Mouse (Zapus hudsonius preblei) Survey Guidelines. Revised April 2004. Available at: http://www.fws.gov/mountain-prairie/species/mammals/preble/ Colorado Natural Heritage Program (CNHP). 2007. CNHP Potential Areas (PCAs) and Preble's Meadow Jumping Mouse Trapping Efforts Known from the East of Greeley to the East of Windsor MAP. Map Created June 08, 2007 for the Parson's Mine DRMS 112 Reclamation Permit Application. • • 1fr' 1 ` 11 ..4's + _ •• + • 1 i , • Jl+ ..r+-- ,y ED i 2 CD I J� .1 , 1 4010 , . s • I t • a ill . z ... , . O ST t - h: taPaud • re• it • • • e V a -' --L / �• � - e k +yam 1 ,A - . - ; r 4t .3 1 N-� 1 , 4t*/ . :-j"\4)..., '.. . - le.pi el.Photo Poln fl '. ' ` .,�'`:rt, ��' — '�, _ .,.*. : .:, ',1 Photo Point @ ' -• 1 . ` - _ ' '�1 I l `. • ETA0Photo Poin rP _' ='' '�' ~ Photo Point4 -_ • • • �_-• • 'PeeBoyd.,., �ttch i;' -T . . .t .. . ,._ _ ic.. _t - , i _erest . i .. "Illilli ,. .. • •itch . y �}� Photo P ntt1 i;::_th: _: ' �r — . If Ia . si.�w c" si. 't'lfinlitielit c ` t y ' • ` 441 1•\► %, t./ t. �. `7476, 4 rt ..• 7.11:2 ti -• / •~ 4 )• • , IVY • •-•y - j 'tit? f•�t y., !It - - ' • - - --- .44. 1444+4' • •' - :. .1 +! :..- -'1 :' 1-• � �. I • `• IC . .. #,L :it'a_ idif•.•' li"1/4 e07 •t L' •f ii; •./. 44.••1O-it-1- 1 ` till \• ',Le.; f• i . 1 -• r• --,y - • + .• 4 la $ I 1� et;� -. . I•l �.\ 1rT'.' .1, il 1 \- • .i_ y. ♦.y • I 1 41 �' • IY •.� � • •�. TTT1l 4.4 ♦.1. • 4�', ' i.- 1. .. � !.:. : .7_,T �e ,,.1 . t �� , : Et at"' i , .• • r •. it - rl�,�- y, 1 i.'' 1. .i, -, .'.:rt A rif. 1 see ��+'�'Y I _• • , -7 �tt<r '1' ... ie • • y J 11yM� iV� - t �0 -- '• . , - • •{1-' .1. ♦ r ! 11{ 1 • i11 i"t� 11/. -y► .!, _ ,�. rI' %,'I. i1 t r- +. � .�. y ,- 1 •'•jot(I: It- e i..{s. . •,.. St' l �;'• a- N'- 2l. 1. �•yy ► �s•7 '1, :refs �• ~t'1 R4 - 4 •_r ti `1.,1y.•r1, ;4 , , ea WI/4 t' T+.• ' TT �4 . � ti t'+l , •' `^,._ „•� TYt * ��•�i1 i.�.:,4 �/ • a ',r { �. ilk, tl� .�tl+ '� d - 1• { i ra. •y • +, + _.tA`_r: ii Ij t••d .o 1 f 1•.• �"' l • ••• J ' ,*. • &'• .!,, d ••.• � H �. • -r 4' ` 1 I , r 4 � • f_.. e 4, is'. di • is d.. fs.416:c *,tt i!_• .♦r° 1 yr �. i. 1. A. 2 4. • L�. - -:* a5 [• ..r' ,it. t ♦ I' a• t �� ''�•�r_a +1. � `r rT .il .. , �; r . �:4 � tl�•- IL `r • 4644 •' .' yI � -44 1 • cr< +Yj1rr• et 4+1 T',_ .4 �.1 41• l4 '. • �' I l�,�. . .44 . • e-� . ' ' r l t+� �) S. ` 4.- ` ,s •t' N r • , .• �•. � •l ••i-,♦ - 1�� intr. +- _ /1+Lf1 • 1 - • ,1 , 4M .iL. 1 •1A •• ° - 1 ` - ,` - •I 11 i. J • .1) ti ..7'+� _ '' ` J I'�♦.. �•' ! .• �' - '1'• ~ r' 1 4.;0 - +` - t 7 r. y"� : ••.•I r+ . .. + /7 ~l 1 i�• ••• . 1. + t.\.r �\ ' .�• 1 .r r' 1 ,� ,1 1• t..$". L' t' r}'' t r. . 1 rR iL •.r t. �' 1 • + 1. • .. ,�_ '•+'. . - i le::• 111 • 36, w -c441;.. , ,r# • \r ,; • , P-- ',gals _is« . ? w' ' t • N Tetra-Tech Project Location WV E Legend �►�� Lafarge Iverson Mine s 0 Photo Points I t I I Railroad Ditch �C• Potential PMJM Habitat PMJM Assessment ill Roads Wetlands Rivers Q Project Area Section 34, T6N, R66W, Weld County, CO November 2010 Figure H-C1 0 0.125 0.25 0.5 COLORADO Miles Buys & Associates, Inc. • J ii 0., '- filt,‘ ,. .• .;:.. .,... .......ici . , • • , . . te.•.: ir.die , ,,,. . . . . .... . . . .:. ._. 4,_:...4.... . ..,... . L.:. ! . . f .,. . . ,.. . .., :.. . .. ...... , ,..4...... .le .1,: .... P- " (fig . . -r I•*Jr i ,� ' • • it t !. '. !, i ' ' ' •� w. ti 1•' ,I ff� Jr.J �. �a it 'tr ♦v St\ -(•` _ r , CD I.iimi ; T;•:4.4'..), . - r, -.. p 103 ♦}. ( - \F lr- a ♦ i .. 1 • i• t i • '_ relS 3 a •i ;tMr L ` ' cis. O rrt '1-- t ►: --- A- l• f•^ ' Y _ . • ' f , 0 CA is Q.) • ~ I W di Al g4 It;Ajkir, OI.'-� Via -{ • . . 'i _� '•- Ro.• /. Iv Owl 6. `� ! . r • }(�. ., i S ., ;.tii'. 1A �` �l .� �� :.4,-C ♦,.`•1,ice -Y—is_.• 4'4- CLe riger .. s is t l' , .. . .C _ • y ;.. ,•, C/) • ...-a. .• i • .[.1, ' • •Ill j• 4t . 1'r gyp?. ,n• �.r. .. :. •.. ` ` Y ! • /• f .. ty •git:s llitii y�j/.. �•. �1' 1 �a Tr y A.lc 1 Imo. {1: • • .• .21 .e i . 1T 'iy' • Fai •',• p S S�i t�SIJ- rin dam'.•c� � tars .� at•.•..+77/ S .v; k. ,+• lus • • 9,,1. 1C I.•-nw 4 i` �''' f r, lv J , 1 •...4 . . • 4�•y• i 0 ; 3Y V CA v -- s ' Cise /I 2c . , = hiIP' �` • •;,, a O z LS a, 0 N • k - '�►A a `. 1 ran '• 's ' • C) illt t/114'. I= A -• atibt. -- 4 • .III-:•„AMIN tat ��., y - ail t.— r. in Jr II is • p 1 Cil,. L ► sue .:-. .' � . -4,s .. N. ... ... • . . ... .. uri‘ CIO P ii w i . . r , , O Sid 11, b► 'rirt Ark, air Ili .....• 1 7.%) ... - 1.0tr 4 „, _ 04) • : ' ' . 't.° !II- - ,„ - J"• 4�- , .v '•- �v •` _ _ �i .-1 711 11. .ts .} y •. -,[ : . , • .Nip, 1. • _ '- Visticerb.snii ill , so iF . ., It. , • • -CT" TI'S'¢ ,. Ns � 1�< y1 . a4 Lr tr = , ik.i...tis , , tip -S. . tt 1 C� C 'CT:CIA a- .� w i •• .. illfalii � i[ • C lc . s i Ls FBI th CA 0 1401 li I M ..itit. ,� ell-Hk° . • , O ' 111. © ' - , 0li. 01 Cla 4 i. 1 j. 1 . • '� L y i j• .; I • =•=01S ; r^ Ss ale Os i 1, o .._... ." -4S • . COI`_el / • ter.. O ,. 1 , 411 t 1 , •• s L ipic -'4 a nt '1 r- rt 'C \ . .' .F� 4 ffr rTell 1 il i 9 di: 41( :t - .—4, .. SS': • s S • C � ..Nunn • 414 "411 40311 yr Mg >I S A' 1 --cam _. .sr _s. -r • ...,:,• . _ . . • ... , • it L1/4 tiR r,. CO) It e. 4 mit_ '-iF • di •ihs. W f .,••'.: - } Imo. ..,,..,. ..t, . . ,,,,,lot - 'y � �� ;� C/� / • c , _ _ Idr� et" cif •-.4 At„ •` - -T '-' �•f .1�1� ACT Y v. Y •�.Y - Coll al.. • • ,h — •• • ...12.O CA illa. I V Norrk OM 4 • 6 IM � - 1. If • < 11 - V -o, y O `/ i -•8 . .. , -t F � ':OA . '�• _ •r•- - Iii- a .4-,4. �' •••� t• •rti• _. r •� E . y _ . . _ _ __._-•••G •...r..1.. • q • f L , • • .. .. ..,.. ►� . a ... . -3/4„... __ ♦.... , _ _. ire . . • l 't kelh' y T -rr . mil ,i l L ...I y. , re r:/fit i, _�.•. - , ��,�yy ~It! 1`. 1.I ` ` `�•. ' . Coe tit`V - . �.r. -• 11:1I wY!){', �.y-..,,..- V) R .. • (A •• '' ✓ I t i sit Cisi as • Z Iii - - •- / S chill© • ��. TN •'tf . "t • /,a alt • ,A : �. Ali Cil owl J J.'. I • 1 ii • aml 1.1+ -� CO, • . C • *limit C O Cit hil kW- e+ G. • L H 1• t. . ..I • > - ^O� i. --Vizi**.-...._ .,,,,,--_,_ .. 41) I O C�t�y a, `.-;1•414t4.-34• , it.. Itit c .• 8.‘ v .:. . . 1. ... e.) z. . .i... . • .4_, _.. bizim,-&—.-.4t . . , ..0 . _..; .. . 1) . .4t, .... ..cuel Tika„, --__.. • ii... .i..A ra... „*.z.N .•,.. 4...±,,, up) .., ...,..„ '..NA . 1 . • ,. ...Nig .4.. . ..,:tt 41/4.1.;.„4....„ , -A•. , CI C ♦ , CLII 0) •`1 1 •.tok +�c "�' ! .ice [[ � 2 .� t •� -•. - f .; ' ''4 _ + K. 4 ? . .y aoTn • :3'i I - _CI 4.•� l• � -• •r •41 t .�. ; • AN.ci �_a.♦ ,' J�' ` t •)' -11b* .ti+i � t t z' �1. . - .gay. .. Y _ _ . • ". '+ '• •• lee _ z w_ i S EXHIBIT I Soils Information Attached is a soils map and a description of the soils found on the Iverson property according to the Web Soil Survey, National Cooperative Soil Survey available from the Natural Resources Conservation Service, United States Department of Agriculture online at http://websoilsurvey.nres.usda.gov/. The information was accessed on September 21, 2010. • Iverson Mine DRMS 112 Reclamation Permit Application Page 11 of 11 N ta f0 431N N e 0 'o 0 009L1VP OOSLL44 00VLLin, 00£LL44 00Z Litt OOLLL44 000LLPP 006'144 0089L44 OOL9L44 r ilD S4 .40 L T 8 .S4 eti0 N •. - 8 to / ' . ii - y 8 // • ( ►- g / - 1t - A -f.: rallgri _ CI t tt> allillill \\\// g § // to 8 t ' M •_ /� a - - •cu w • a - HIL •ch O N o tc � �r �!! g 1 il . ?,� ; es N• 7 fielit1/4..". .. 4 01 i y // N a Imo! P i._ _� m 4/ , . it,- It - t �, cp U. o t o v N // N CI '- I O / . G I t41- .` J Cn GGSii 8 �. "„ q L / itr Y N c § / i ' a v .t� a g "' 111 ul II cc r ' . - I ! 8 // fi ,,,,,,.„ to / 8 to Il - • : j s us re-i • -'1. Gar1/24titlic %171 .1 - ^7 8 § T , y . ? : ker 8 o o 8 •Y « " S _m stn 0 co i i� 1IJ._ aJ8 - .. '� �..+�: , w owe _s10., ; .. •++�' ' II '�>J 8 hi isiskij.' 4 .' t r 4 . . %little, t. I ; .7_, A*.,v3 air, -a itr .4. -„..4 4 --- O _ a • O C S `' _ � S • .9po,l ..Z I. .94 .401 i° V 0091144 OOSLL44 00PLL44 00£1L44 OOZLL44 OOLLL44 000LLPP 0069144 0089L44 OOL9LPP v h N N to to N N O O 0 r 0 '� a) N r • 0 c O (0 O N gar as 1._ U) a ' o a) o m r 3 c � _ U - O O O O � co 'D a N o ,c a) .o c°i m � 4= E o ° rn � U) 0 cn CO 0 f q) O et -c O a c L N O cc?) E Z a o ° � ° 5 rn con r E 15 o N a) O O X E ai ° c � U U) o Y - = 0 in 0 co uNi Z �° N c E a Q °° 3 m oiZ Q pN t 3 COe U Z 0 a N C N O L w• 0 M U } O O Q Li V U O r Q 0) `'� O Q o co aa) 2 3 C °)c C r o o• m a t LL O O p O N E O O r E. E ≥ O L Z 0 °) a) ° o n °) E O awn2 ,k -6 0 .N 0 o a) cc a o c`o 3 W -S oo 3 1- 0- fl < a ° YCil c�a � ? a) N L aft) 2 O co Zcc E C 0) O N O r' a� a -° v 1� >. c 0 a O >. N c O O O r p.O O c co U) ,r t Q O O L C a L O O >. E � co o 7 cc N 2 O Oa as €•E U N 2 a) O O C O 1 z Q O L o ,, m a a) co (0 a no co > N E Fan E t 2 H a E (°n � U 1 us) coo CO nor c°) . o 0 E 0 L o > a) a) z 0 v IT ° o o .c Cl) o o cn c a) m > h O v y U a C CO o 0 03 U r a m a c V Z H v U) m >, .e to M cc re 0 COfc0 E N � � O co , m tL O .C ea m m Q) ., U ° > O co co O m b Le O U) Ow c D 2 _I O To u- o ILI ca. (' a 3 I- W J a +6 Q o o0 ca 3 m�. a m 2 2 ah N o co = m a 1$ 0) a a N co m 2 - O W a p co o c m _ co O c Y �/� m Y Y a U) a Y a o a >. _ O o at c O co U) m o o 0 Q U) u it p m 03 �+ co 'a ) m 4= W t O N c m T ,.. = U ----- u u v O O C Co x c 'O m m te 4)CO O C o O T o ' N C > as C N a) O m as a c _ O a o ` Q (t) 5 m co U U 0 U' J J 2 2 2 Q. c4 U) cn (I) U) U) U) co U) si 2 a. a c �o Q c ® • X • X © < -4 x 0 0 > + : •: to o A lk III o co N a i. Q u) (n 0 2 4 C v • Map Unit Description:Water—Weld County,Colorado,Southern Part Iverson Mine . Weld County, Colorado, Southern Part 85—Water Map Unit Composition Water: 95 percent Minor components: 5 percent Minor Components Aquolls Percent of map unit: 5 percent Landform: Marshes Data Source Information Soil Survey Area: Weld County, Colorado, Southern Part Survey Area Data: Version 11, Aug 27, 2009 • • USDA Natural Resources Web Soil Survey 9/21/2010 Conservation Service National Cooperative Soil Survey Page 1 of 1 Map Unit Description:Otero sandy loam,1 to 3 percent slopes—Weld County, Iverson Mine Colorado,Southern Part • Vona Percent of map unit:5 percent Data Source Information Soil Survey Area: Weld County, Colorado, Southern Part Survey Area Data: Version 11, Aug 27, 2009 • 0521 Natural Resources Web Soil Survey 9/21/2010 • a Conservation Service National Cooperative Soil Survey Page 2 of 2 Map Unit Description:Otero sandy loam, 1 to 3 percent slopes—Weld County, Iverson Mine Colorado,Southern Part • Weld County, Colorado, Southern Part 51—Otero sandy loam, 1 to 3 percent slopes Map Unit Setting Elevation:4,700 to 5,250 feet Mean annual precipitation: 12 to 15 inches Mean annual air temperature:48 to 52 degrees F Frost-free period: 130 to 180 days Map Unit Composition Otero and similar soils: 85 percent Minor components: 15 percent Description of Otero Setting Landform: Plains Down-slope shape: Linear Across-slope shape: Linear Parent material: Eolian deposits and/or mixed outwash Properties and qualities Slope: 1 to 3 percent Depth to restrictive feature: More than 80 inches • Drainage class:Well drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 5.95 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 10 percent Maximum salinity: Nonsaline to very slightly saline(0.0 to 4.0 mmhos/ cm) Available water capacity: Moderate (about 7.7 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability(nonirrigated):4e Ecological site: Sandy Plains (R067BY024CO) Typical profile 0 to 12 inches: Sandy loam 12 to 60 inches: Fine sandy loam Minor Components Kim Percent of map unit: 10 percent • USDA Natural Resources Web Soil Survey 9/21/2010 �� Conservation Service National Cooperative Soil Survey Page 1 of 2 Map Unit Description:Nunn loam,0 to 1 percent slopes—Weld County, Iverson Mine Colorado,Southern Part • Heldt Percent of map unit: 5 percent Data Source Information Soil Survey Area: Weld County, Colorado, Southern Part Survey Area Data: Version 11, Aug 27, 2009 • USDA Natural Resources Web Soil Survey 9/21/2010 • Conservation Service National Cooperative Soil Survey Page 2 of 2 Map Unit Description:Nunn loam,0 to 1 percent slopes—Weld County, Iverson Mine Colorado,Southern Part • Weld County, Colorado, Southern Part 39—Nunn loam, 0 to 1 percent slopes Map Unit Setting Elevation:4,550 to 5,000 feet Mean annual precipitation: 12 to 18 inches Mean annual air temperature:46 to 54 degrees F Frost-free period: 115 to 180 days Map Unit Composition Nunn and similar soils: 85 percent Minor components: 15 percent Description of Nunn Setting Landform:Terraces Down-slope shape: Linear Across-slope shape: Linear Parent material:Mixed alluvium Properties and qualities Slope: 0 to 1 percent Depth to restrictive feature: More than 80 inches • Drainage class:Well drained Capacity of the most limiting layer to transmit water (Ksat): Moderately low to moderately high (0.06 to 0.20 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 15 percent Maximum salinity: Nonsaline (0.0 to 2.0 mmhos/cm) Available water capacity: Moderate (about 8.9 inches) Interpretive groups Land capability classification(irrigated):2e Ecological site: Loamy Plains (R067BY002CO) Typical profile 0 to 9 inches: Loam 9 to 29 inches: Clay loam 29 to 60 inches: Sandy loarn Minor Components Haverson Percent of map unit: 10 percent • USDA Natural Resources Web Soil Survey 9/21/2010 a Conservation Service National Cooperative Soil Survey Page 1 of 2 Map Unit Description:Dacono day loam,0 to 1 percent slopes—Weld County, Iverson Mine Colorado,Southern Part • Altvan Percent of map unit: 5 percent Data Source Information Soil Survey Area: Weld County, Colorado, Southern Part Survey Area Data: Version 11, Aug 27, 2009 • •USDA Natural Resources Web Soil Survey 9/21/2010 a Conservation Service National Cooperative Soil Survey Page 2 of 2 Map Unit Description:Dacono day loam,0 to 1 percent slopes—Weld County, Iverson Mine Colorado,Southern Part Weld County, Colorado, Southern Part 21—Dacono clay loam, 0 to 1 percent slopes Map Unit Setting Elevation:4,550 to 4,970 feet Mean annual precipitation: 14 to 18 inches Mean annual air temperature:48 to 52 degrees F Frost-free period: 140 to 160 days Map Unit Composition Dacono and similar soils: 85 percent Minor components: 15 percent Description of Dacono Setting Landform:Terraces Down-slope shape: Linear Across-slope shape: Linear Parent material: Mixed alluvium Properties and qualities Slope: 0 to 1 percent Depth to restrictive feature: More than 80 inches • Drainage class:Well drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high (0.20 to 0.60 in/hr) Depth to water table: More than 80 inches Frequency of flooding:None Frequency of ponding: None Calcium carbonate, maximum content: 15 percent Maximum salinity: Nonsaline (0.0 to 2.0 mmhos/cm) Available water capacity: Moderate (about 6.3 inches) Interpretive groups Land capability classification (irrigated):2s Land capability(non irrigated): 3s Ecological site: Clayey Plains (R067BY042CO) Typical profile 0 to 12 inches: Clay loam 12 to 21 inches:Clay loam 21 to 27 inches: Clay loam 27 to 60 inches:Very gravelly sand Minor Components Heldt Percent of map unit: 5 percent Nunn Percent of map unit: 5 percent USDA Natural Resources Web Soil Survey 9/21/2010 a Conservation Service National Cooperative Soil Survey Page 1 of 2 Map Unit Description:Ascalon loam,0 to 1 percent slopes—Weld County, Iverson Mine Colorado,Southern Part • Platner Percent of map unit: 3 percent Data Source Information Soil Survey Area: Weld County, Colorado, Southern Part Survey Area Data: Version 11, Aug 27, 2009 •USDA Natural Resources Web Soil Survey 9/21/2010 • Conservation Service National Cooperative Soil Survey Page 2 of 2 Map Unit Description:Ascalon loam,0 to 1 percent slopes—Weld County, Iverson Mine Colorado,Southern Pad • Weld County, Colorado, Southern Part 8—Ascalon loam, 0 to 1 percent slopes Map Unit Setting Elevation:4,500 to 4,900 feet Mean annual precipitation: 12 to 17 inches Mean annual air temperature:46 to 57 degrees F Frost-free period: 130 to 160 days Map Unit Composition Ascalon and similar soils: 85 percent Minor components: 15 percent Description of Ascalon Setting Landform:Terraces Down-slope shape: Linear Across-slope shape: Linear Parent material:Alluvium Properties and qualities Slope: 0 to 1 percent Depth to restrictive feature: More than 80 inches • Drainage class:Well drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.20 to 2.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 10 percent Maximum salinity.' Nonsaline (0.0 to 2.0 mmhos/cm) Available water capacity: Moderate (about 8.0 inches) Interpretive groups Land capability classification (irrigated): 2e Land capability(non irrigated):4c Typical profile 0 to 8 inches: Loam 8 to 18 inches: Sandy clay loam 18 to 60 inches: Fine sandy loam 60 to 64 inches: Fine sandy loam Minor Components Olney Percent of map unit:8 percent Nunn Percent of map unit:4 percent • USDA Natural Resources Web Soil Survey 9/21/2010 �� Conservation Service National Cooperative Soil Survey Page 1 of 2 Map Unit Description:Aquolls and Aquents,gravelly substratum—Weld County, Iverson Mine Colorado,Southern Part • Depth to restrictive feature: More than 80 inches Drainage class: Poorly drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high to very high (0.57 to 19.98 in/hr) Depth to water table:About 6 to 24 inches Frequency of flooding: Frequent Frequency of ponding: None Calcium carbonate, maximum content: 10 percent Maximum salinity: Nonsaline to slightly saline(0.0 to 8.0 mmhos/cm) Available water capacity: Moderate (about 6.6 inches) Interpretive groups Land capability classification (irrigated):6w Land capability(non irrigated): 6w Ecological site: Salt Meadow(R067BY035CO) Typical profile 0 to 48 inches:Variable 48 to 60 inches:Very gravelly sand Minor Components Bankard Percent of map unit: 10 percent Ustic torrifluvents Percent of map unit: 5 percent • Data Source Information Soil Survey Area: Weld County, Colorado, Southern Part Survey Area Data: Version 11,Aug 27, 2009 USDA Natural Resources Web Soil Survey • Conservation Service National Cooperative Soil Survey Page 9/21/2010 2 of 2 Map Unit Description:Aquolls and Aquents,gravelly substratum—Weld County, Iverson Mine Colorado,Southern Part • Weld County, Colorado, Southern Part 3—Aquolls and Aquents, gravelly substratum Map Unit Setting Elevation:4,000 to 7,200 feet Mean annual precipitation: 12 to 18 inches Mean annual air temperature.-45 to 55 degrees F Frost-free period: 80 to 155 days Map Unit Composition Aquolls and similar soils: 55 percent Aquents, gravelly substratum, and similar soils: 30 percent Minor components: 15 percent Description of Aquolls Setting Landform:Swales, streams,flood plains Down-slope shape: Linear Across-slope shape: Linear Parent material: Recent alluvium Properties and qualities Slope: 0 to 3 percent • Depth to restrictive feature: More than 80 inches Drainage class: Poorly drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.20 to 2.00 in/hr) Depth to water table:About 6 to 48 inches Frequency of flooding: Frequent Frequency of ponding: None Maximum salinity: Nonsaline to very slightly saline(0.0 to 4.0 mmhos/ cm) Available water capacity: Moderate (about 8.0 inches) Interpretive groups Land capability(nonirrigated): 6w Ecological site: Salt Meadow(R067BY035CO) Typical profile 0 to 48 inches: Loam 48 to 60 inches: Gravelly sand Description of Aquents, Gravelly Substratum Setting Landform: Stream terraces Down-slope shape: Linear Across-slope shape: Linear Parent material: Recent alluvium Properties and qualities Slope: 0 to 3 percent • USDA Natural Resources Web Soil Survey 9/21/2010 Conservation Service National Cooperative Soil Survey Page 1 of 2 Soil Map—Weld County,Colorado,Southern Part Iverson Mine • Map Unit Legend Weld County,Colorado,Southern Part(CO618) - -Map Unit Symbol I Map Unit Name I Acres in AOl I Percent of AOl 3 Aquolls and Aquents,gravelly substratum 24.2 36.2% I 8 Ascalon loam,0 to 1 percent slopes 17.6 26.3% 21 Dacono day loam,0 to 1 percent slopes 6.7, 10.0% 39 Nunn loam,0 to 1 percent slopes 16.7 24.9% 51 Otero sandy loam,1 to 3 percent slopes 0.7 1.0% 85 Water 1.0 1.6% Totals for Area of Interest 66.8 100.0% • USDA Natural Resources Web Soil Survey 9/21/2010 • a Conservation Service National Cooperative Soil Survey Page 3 of 3 • EXHIBIT J Vegetation Information General Buys and Associates, Inc. (B&A) was retained by Tetra Tech to assess vegetation habitats (including habitat for T&E species) on the Lafarge Iverson Property (Project Area) in Weld County north of Greeley, Colorado (Appendix J-A — Figure J-1). A vegetation and habitat assessment were initially conducted by B&A biologists on February 5 and 6, 2009 to document habitat and cover types within the property. A subsequent survey was conducted on October 29, 2010 in which vegetation data was confirmed. In addition, a formal wetland delineation was conducted on a potential wetland on the eastern portion of the property. B&A biologists surveyed the property on foot using a Garmin GPSMAP 60CSx (accurate to < 10 meters). Photos and notes were taken of the vegetation habitats present in the Project Area (photos are included in Appendix J-B). The Project Area is located within Section 34 of Township 6 North, Range 66 West. A conveyor system associated with this project is scheduled to be installed extending from the eastern edge of the Project Area onto property owned by the city of Greeley. This conveyor will take aggregate from the Iverson Mine to Lafarge's 35th Avenue site for processing(Appendix J-A—Figure.1-1). Present Vegetation Types The Cache La Poudre River meanders through Section 34, and borders the Project Area on the western and northern side. The river is surrounded by a riparian corridor, which consists of a mature and young cottonwood canopy. The Boyd Freeman Ditch, which moves water from the Cache La Poudre River, runs along the southern edge of the Project Area. Large portions of the property have been used for agriculture with hay and alfalfa production being the primary land use (Appendix J-A - Figure J-2). During the survey, various vegetation data were collected in the Project Area. Since the property had distinguishable land use or vegetation areas, data were collected for each land use/vegetation sub-region. Figure J-2 in Appendix J-A displays the sub-regions of land use/vegetation in the Project Area. Table 1 shows the vegetation data for each land use/vegetation sub-region on each property and describes the general condition of each sub-region. Other species were scattered throughout the area, especially along the borders between cultivated fields. These species included weedy species such as Siberian elm (Ulmus pumila), annual mustards (Brassica sp.), kochia (Kochia scoparia), and buffalobur(Solanum rostratum). Table 1. Vegetation Data Collected During the Surveys. Approximate Cover*and Height of Approx. Vegetation in Each Strata Sub-Regions Size Dominant Species Herbaceous Shrub Tree (acres) Cover Height Cover Height Cover Height (%) (feet) (%) (feet) (%) (feet) Cultivated Area 35 Pasture grasses,alfalfa. 2-25 <1 - - 2-25 30 Recently mown. • Iverson Mine DRMS 112 Reclamation Permit Application Page d of.15 • Approximate Cover*and Height of Approx. Vegetation in Each Strata Sub-Regions Size Dominant Species Ilerbaceous Shrub Tree (acres) . Cover Height Cover height Cover Height ., (°/0) (feet) (%) (feet) _(%) (feet) Cottonwood 8 Plains cottonwood,smooth 75-100 3 - 25-50 30 brome,pasture grasses Fallow Area 13 Kochia,smooth brome. ` 25 2 Recently mown. Southern River 13 Plains cottonwood,reed 75-100 3 5-25 5 25-50 70 Bank canary grass,coyote willow Wetland(Pond) <} Cattails,Duckweed,Nebraska 50-75 6 — 5-25 20 sedge,Russian Olive *The following vegetative cover ranges were used:<5%,5-25%,25-50%,50-75%.and 75-100% Table 2 lists the plant species documented during the surveys. Table 2. Vegetation Species Observed During the Surveys. Noxious Family Scientific Name Common Name Weed (YIN) Aceraceae Acer negundo Box elder Asclepiadaceae Asclepias Sc,, Milkweed Asteraceae Cirsium arvense Canada thistle yes Asteraceae Grindelia squarrosa Gumweed • Asteraceae Carduus nutans Musk thistle yes Asteraceae Ambrosia sp. Ragweed Asteraceae Xanthium strumarium Common cockle burr Asteraceae Ratibida columnifera Prairie coneflower _ Asteraceae Ilelianthus annuus Common sunflower Brassicaceae Brassica sp. Mustard Caprifoliaceae Symphoricarpos occidentali.s Western snowberry Chenopodiaceae Kochia scoparia Kochia Chenopodiaceae Chenopodium album White lambs quarter Convolvulaceae Convolvulus arvensis Field bindweed yes Cyperaceae Carex nebrascensis Nebraska sedge _ Elaeagnaceae Elaeagnus angustifolia Russian olive yes Euphorbiaceae Euphorbia esula Leafy spurge yes Fabaceae Medicago saliva Alfalfa Fabaceae Amorphafruticosa Wild licorice/false indigo Fabaceae Melilotus ofcinalis Yellow sweet clover Lamiaceae Mamtbium vulgare White horehound Poaceae Agropyron cristatum Crested wheatgrass Poaceae _ Agropyron intermedium Intermediate wheatgrass Poaceae Phalaris arundinacea Reed canary grass Poaceae Distichlis spicata Saltgrass Poaceae Bromus inermis Smooth brome Poaceae Elymus elymoides Squirrel tail Poaceae Agropyron snuthii Western wheat s Iverson Mine III DBMS 112 Reclamation Permit Application Page J2 of JS • Noxious Family Scientific Name Common Name Weed (YIN) Poaceae Alopecurus sp. Foxtail Poaceae Eragrostis cilianensis Stinkgrass Poaceae Echinochloa crus-galli Barnyard grass Poaceae Bromus tectorum Cheat grass yes Poaceae Spartina pectinata Prairie cordgrass Poaceae Panicum capillare Witch grass Poaceae Elymus trachycaulus Slender wheatgrass Polygonaceae Rumex ace!ose/la Sheep Sorrel Polygonaceae Rumex crispus Curly doc Rosaceae Rosa arkonsana Rose Rosaceae Prunus virginiana Choke cherry Polygonaceae Polygonum aviculare Prostrate knotweed Salicaceae Populus deltoides Cottonwood Salicaceae Salix exigua Coyote willow Salicaceae Salixfragilis Crack willow Solanaceae Solanum rostratum Buffalobur Typhaceae Typha latifolia Cattail Ulmaceae Litmus pumila Siberian elm Verbenaceae Verbena bracteata Prostrate vervain No Federally-listed plant species have the potential to occur within the Project Area. The CNHP • has no accounts of Federally-listed plant species in the area(CNHP 2008). Areas with the potential to include wetlands, such as in the riparian corridors, were mapped during the February 2009 survey. The Corps of Engineers uses three indicators when making wetland determinations: vegetation, soil, and hydrology. To be considered a wetland, all three indicators must be present. Several wetland areas were documented during the February 2009 survey (Appendix J-A - Figure J-2). Table 3 provides a summary of the potential wetland areas. Table 3. Potential Wetland Areas Documented Wetland Area Location Description The southern bank of the river is bermed,heavily riprapped,and Along the Cache channelized.The over story is dominated by cottonwoods,and box elder. Riparian Corridor Some cottonwoods are mature—80 feet tall. The western portion contains la Poudre River pockets of shrub understory with patches of coyote willow and dogwoods. The eastern portion has a fairly dense shrubby component of coyote willow. The manmade pond is surrounded by Russian olive trees,with a few young cottonwoods. Cattails and duckweed are established within the pond. The Small Manmade Eastern edge of pond had approximately 18"of standing water during the October 2010 Pond the property survey. The size of the manmade delineated wetland was approximately 0.2 acres. An irrigation ditch along the southern edge of the property which is controlled by a weir at the junction of the Cache la Poudre River. Wetland Boyd Freeman Southern edge of species are located within a 15-20 foot swath at the bottom of the ditch. The Ditch property ditch was dominated by cattails,duckweed,Russian olive,coyote willow, and sedges. • Iverson Mine DRMS 112 Reclamation Permit Application Page J3 of J5 • The river corridor adjacent to the property where potential wetlands are present was analyzed by identifying vegetation during the initial February 2009 survey. Because this survey was based solely on vegetation, the extent of the area was maximized and includes all potential Corp of Engineer wetlands. Project activities are not anticipated within these potential wetlands along the river. Project activities are not anticipated along Boyd Freeman ditch. The manmade pond on the eastern edge of the property was the only area where a formal wetland delineation was conducted in accordance with Army Corps of Engineers delineation methods due to it being located within the area of disturbance. Soil pits were dug, and soils within the pits were analyzed for the presence of hydric indicators. Dominant vegetation was identified and the wetland plant indicator was noted according to the Region 5 Habitat plant list. The approximate size of this manmade wetland was 0.2 acres. Copies of the wetland determination data forms are included in Appendix J-C. Relationship of Present Vegetation to Soil Types The US Department of Agriculture — Natural Resources Conservation Service's (USDA-NRCS) Web Soil Survey was used to identify soils at the site, and to provide details about the soils. Figure J-3 in Appendix J-A displays the soil within the Project Area. The soil map units and their relationship with the land use/vegetation types within the Project Area are summarized in Table 4. Table 4. Relationship of Present Land Use/Vegetation to Soil within the Project Area. Soil • Sub-Regions Map Soil name Unit 3 Aquolls and Aquents,gravelly substratum 8 Ascalon loam,0 to 1 percent slopes Cultivated Area 21 Dacono clay loam,0 to I percent slopes 39 Nunn loam,0 to 1 percent slopes 51 Otero sandy loam, 1 to 3 percent slopes Cottonwood 3 Aquolls and Aquents,gravelly substratum 39 Nunn loam,0 to 1 percent slopes Fallow Area 3 Aquolls and Aquents,gravelly substratum 39 Nunn loam,0 to 1 percent slopes 3 Aquolls and Aquents,gravelly substratum 8 Ascalon loam,0 to 1 percent slopes 21 Dacono clay loam,0 to I percent slopes Wetland Areas 39 Nunn loam,0 to 1 percent slopes 51 Otero sandy loam, 1 to 3 percent slopes 85 Water 85 Water Estimate of Average Annual Production This section is not applicable because reclaimed areas will not be used as range or agriculture. Iverson Mine • DRILLS 112 Reclamation Permit Application Page J4 ofJ5 • • Literature Cited Colorado Natural Heritage Program (CNHP). 2008. Locations and Status of Rare and/or Imperiled Species and Natural Communities known or likely to occur within a two-mile radius of the Area of Interest located in Section 34 of T6N, R66W, located immediately northwest of Greeley, Colorado. Report Generated September 15, 2008. U.S. Department of Agriculture, Natural Resources Conservation Services (USDA-NRCS). 2009. Web Soil Survey: Weld County, Colorado, Southern Part (CO618). Survey Area Data: Version 9, February 11, 2008. Available at: http://websoilsurvey.nres.usda.gov/app/. Appendices Appendix J-A: Site Maps Appendix J-B: Site Photographs Appendix J-C: Wetland Delineation Data Forms • • Iverson Mine DRMS 112 Reclamation Permit Application Page J5 of J5 • Appendix J-A Site Maps • • 1 •• .`. .' �. 1 . ! 1 s" t r r • - ' y, ; FL — S ns. `•s . . :.- . -. � ��•- - i► • / • • I , TI�tSSyO` • ••••• 4 ; . / . - - '-a'- J• • • •♦ ,r 'AP .tom J e • (e4s. . . it ., tr- re ' tr • * t lici ..z.,„Th'$?1,1 4e) - 4( ,ssies: - Ili s.... „ ' Tee l, 17 iv e sc .. ,. - . . . sighoi. , _ -,....__, - . I ,i`��[It -rte - z ' r �,• =h :I' .>• . telt_ Afit Oil: ~14e i At °Co �[ • r S : :'� • � ' o • d Freeman' + ' 44 y. ` 4. r 3�1/4:. r ,' 6225 _� Ig Z. . 14011 41 . 1 • IF. it• • •%` "� . • '.y '�, L.• ��1.4 4 i84.145.1 ��:�r } ,. .�� * w� '. Greeley No. @ i„•• .wl. . [t ;,+ i� •3yA... ( ' Mr' :• 1,u `._ , . f �4 a . ' , n i , Wit•• - _ CSC-•••••••0•141441s4....._,....4_,,,....• - - ,' - • ...:67t kt . . t ." . JAI-- _• ` • ..I h , [.• •1•• 1. '1' �I It: •2 .• t "� • It,. i I . gra• • . . . .�. • r' 1 • `J�!.Hht•' �.TT I. 4• ty`'h'.`[,� [ ,{ 7 r .f '+ _1 t T' •• 1 • r - •' >i•. .2 �, • �, I'_•�il, l t - ! }�{. . - ,• I . ''r . `'•V.1 V a. el fki/1 r` , fu - -,y Ilk, 1 A; _� l - t - + •' �} , _ tr .4 abtc • _ t r� �r 4 s ,ye ,� c 1�. • %+ .' ;= , i� . _ NM' s[ '1 c ..4- #. , t . Irma, t< tr-}tij 1 .Jr �' 1" Project Location Legend N Tetra-Tech E Property Boundary W N '',. Lafarge Iverson Property Roads S f r I I Railroad Project Area - ...— Rivers Ditch Section 34, T6N, R66W, Weld County, CO November 2010 Figure J-1 0 0.05 0.1 0.2 COLORADO Buys & Associates, Inc. Miles of 7 .i° ST lib is piti 'U tIi`ai't - - r• •- I v y 'Il{ ;-Nei ••� .' •I ,t1 .tip i I 4)V • ,', 'r. � - 1 _ rte• '4 / .0. -- I Ili * .• a i ... ,• O' • I ♦ r; fli‘ 11. • • '' i it P. Y giro AdralPtar'4, 1 - _ ' / .414.It ere t Photo Point 3r► _ '7s' f "A. NA, so - __ .. - , _ ,- IIIIIpllpvikr 6 l -.- I 1-.• ••-.,. , A dr ! iThi �X'' Photo Point 2 s - 1 pig ie. 47,10/ rife irdo ir c .r • .►,; ~F, ' Photo Point 1 :. ♦ .>► tit �-....� .� 1 tip '`t►':.. t .t'S.,/ • ice, •i II Sus. . '`11'- ...•�... • Or It _ Y • ....I • lellikki . •, ....:: .. " .:::: 4# • , • lee 41!r. Alb : * - '.'44 4.4t . f fits Li ID's • * f — -+,•- •• - at , r .'•{. +4.; • t` • �. I.1 - f •�YY'!i[- . . �-�J� • \'11- an. „N ..: :' t '. �,'!`'?{'•{ •t •• _/{j . It' /'„•aye•,1•`IM'{f'_-•%\tie •`.1'�, ."•.� '• t Ake_. .. • a •intJ I' f•]yfY�. i■yp i- P Q. ��a••••• • `1 T^ 4ty ' �7M�l.•�J��,(, a�/ •" ^• ..._.lin �'�(� •l.., i. ..� ' • *f•• i , :} (♦ ,lei •♦.. . .. f: .•.�.^-• .. ••�7(.� ..Yi�b .« • a y ' Ent ill h �l i • • • . ,*f alr + f 1 I v al, vo - s e ,,� • , .:' i _ _. Boyd'Freeman Ditcn �a''* . ' •f`�-tr :n •L •� "'�� •! _. mar. ii t-'I:i_ .� ;"'r - f_" 1 _ _ .6225' 7 r .. " sstAipe�.• T . I ' Ai du._ Ay .. laillill 7 ill p : ilbrf.l. : ' "lel-.4ii:faiir • a. ew r 4. I::i. liti a 7:14,015. ill T..., ., _ ..... ..„ 'f• *PI gri-.177 e'4.4, it2Ak •^.t� ; ;t t. I. `� .' [ ` TiT •4. t•1 r, • . a ta- r , �i .'jal I 1.� f' • 1._.:a.T �. _itt4te 4. In Mil AI" • tflib-,:: ' , e - -sini. r ,tt V- Project Location Tetra-Tech I Legend Lafarge Iverson Property S Property Boundary Wetlands —•••—♦ RiversEt4:5Cottonwood Land UseNegetation Co Photo Points FallowArea 17 Roads Cultivated Area Section 34, T6N, R66W, Weld County, CO r 1 r I Railroad Ditch November 2010 Figure J-2 COLORADO o o 0 0 0 o.ls Miles Buys & Associates, Inc. r f . 0 -4--7„.-_--._ __ _ - 1 • i' r �,0 NrA fill% . . • 4/ ' , ,/, 85 .J v }[^' torp ` , - - . . Cg { -I iii 0 1 ,y. Freeman Ditch r. (. 'SOI IS 10, Bankard sandy loam, 0 to 3% 13, Cascajo gravelly sandy loam, 5 to 20% l 51 21, Dacono day loam, 0 to 1% t >' " 24, Fort Collins loam, 1 to 3% - y ter, -ifj{l s !` 3, Aquolls and Aquents, gravelly substratum r v 38, Nelson fine sandy loam, 3 to 9% 16410 - • — G = ; -Y N• w 39, Nunn loam, 0 to 1% -.4 p - eft` 41, Nunn clay loam, 0 to 1°/0 �� -�' 4- iIt cpairaltiiii, ,a 42, Nunn clay loam, 0 to 3% 50, Otero sandy loam, 0 to 1% OD 51, Otero sandy loam, 1 to 3% 52, Otero sandy loam, 3 to 5% Otero sandy oa to 9% ��>. .. - • , - __ - 68, Ustic Torriorthents, moderately steep 4 I O • , � a , Vona sand loam, 1 to3%lt` • _ i " , Vona sandy loam, 3 to5%.t gat T • Ascalon loam, 0 to 1%3 ' tif. : c' � ; �f S t• 85, Water N Tetra-Tech Project Location Legend NA Q Property Boundary ' ' Lafarge Iverson Property S Ditch Roads Soil Map • --- Rivers �t --t' Railroad Section 34, T6N, R66W, Weld County, CO November 2010 Figure J-3 0 0.05 0.1 0.2 COLORADO Buys & Associates, Inc. Miles • Appendix J-B Site Photographs Appendix J-B — Site Photographs, October 29, 2010 • � 7 • Photo point 001, looking north into Photo point 004, looking northeast cottonwoods 1 r; 11 ,. }h ilsti l*k '-a et' 44. 4 I11 „7 , as 011th / 1.�.� i' i j 1 ,r ,: t , 7i a' � I- ,'s.. , .S. .1. it , '1. •• f .),' / 1 I 1. e�1 .it a AtIII _ _. . ... ..., : ,. . .„. 44 , . - ... _. 1" . '•41 • '♦ .• , _ . ..._. . ;.„..,,,., , V . sue. ' Photo point 002, looking south along edge of Photo point 005, looking north into wetland cottonwoods and fallow area. area. - ' • 4•Photo point 003, looking south • • Appendix J-C Wetland Delineation Data Forms • DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site:�1�s SCic� t d'/0/01— ^��_ Date: +O Applicant/Owner: _ County: ('J Investigator: -1--->cvn =_r k ;c- ��s State: <plosc,drs" _ Do Normal Circumstances exist on the site? Yes Community ID: Is the site significantly disturbed (Atypical Situation)? es Transect ID: Is the area a potential Problem Area? Yes Plot ID: _ (If needed, explain on reverse.) . VEGETATION Dominant Plant Suedes Stratum Indicator Dominant Plant Suedes Stratum Indicator } 1.1\Ck { ' \ _ O FL 9._--- --- — 2. .x3PJi,)s ; es - L- •FALL_ 10.- 3._ ,a f'.1 c AU4 ar� S4i11 liter _��] � 11.-- ---- - ------ 4. 1:3.0c_SL c h(I�S�Jr�- a C h !L � _ 12. -- 5. 1 ( e nSLs _� ©RR 19.__------- '-- - • 6. aal S — — O&— 14. ----__ _— _—_— 15._ - --- B• ---- --- ----- —_ 16.— - — ---- — — — • Percent of Dominant Species that we OBL.FACW or FAC r_7_. d excludin ( 9 FAC- )• � � ,0 --------- Remarks: HYDROLOGY —Recorded Data(Describe in Remarks): WeUand rology Indicators: —Stream,Lake,or Tide Gauge Prim Indicators: —Aerial Photographs Inundated Other —$etu`rated in Upper 12 Inches No Recorded Data Available /Water Marks —_Drift Lines —Sediment Deposits Field Observations: —Drainage Patterns in Wetlands S.eyondary Indicators(2 or more required): Depth of Surface Water: (in.) Oxidized Root Channels in Upper 12 Inches —Water-Stained Leaves Depth to Free Water in Pit (in.) —Local Soil Survey Data FAC-Neutral Test Depth to Saturated Soil: (in.) Other(Explain In Remarks) Remarks: • B2 Appendix B Blank and Example Data Forms • SOILS • Map Unit Name f� (Series and Phase):`j S_f 1`r(iU � /Q(�()e��y SU S q Drainage Class: __^ tr j' f • Field Observations Taxonomy(Subgroup): Confirm Mapped Type? Yes No Erofle Descriotiory Depth Matrix Color Mottle Colors Mottle Abundance/ Texture,Concretions, (inches) J-1 r n (Muunselr Moist) IMunsell Moist) Sae/Contrast Structure.etc. "1°-21Y� R _______ - ii _ __ Hydric Soil Indicators: - lilstosol >f ncretions - slit Epipedon gh Organic Content in Surface Layer in Sandy Soils _ Sulfidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime ___Listed on Local 1-ydric Soils List Reducing Conditions ` Listed on National 1•fydric Soils List Gleyed or Low-Chroma Colors Other(Explain in Remarks) Remarks: • • • WETLAND DETERMINATION Hydrophytic Vegetation Present? Ye No (Circle) (Circle) Wetland Hydrology Present? No Hydric Soils Present? No Is this Sampling Point Within a Wetland? Yes No Remarks: Approved by HOUSACE 3192 • Appendix B Otank and Example Data Forms B3 • DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: _ ..1412 n _____ Date: _ / /2q i/o Applicant/Owner: _ County: __? Investigator: .Dtar *__. grime /4'_ State: —Cotdr € Q Do Normal Circumstances exist on the site? es Community ID: -- Is the site significantly disturbed (Atypical Situation)? es Transect ID: Is the area a potential Problem Area? Yes No ' Plot ID: _ (if needed, explain on reverse.) VEGETATION ins t PlanSpecies Stratum indicator Dominant Plant Species Stratum Indicator 1. + 1 . —L+-- _ALL_ 9.-- --- — --------- ---- 2. _L41,elv1— ::kG1ia 1gt-, _ _V \C 10.- -- -----_.__ 3. Tv h {�, S �,� __ 1-1 FA-c N 11.___ - - -- -._ - 4. - rx2..10-Sct'`r1S'✓S t_97 .7"�t �L 12.-_ --_-_ - -- 5. t n i3 r l FA-C.i.) 13.— ____________ _--• , 7. ac i S tvf'cL S FA t-( 15. ______ - --- — — B. ---- -- ------ 18 Percent of Dominant Species that are OBL,FACW or FAC .3 /7 , 0/d (excluding FAC-). 1 I Remarks: HYDROLOGY _Recorded Data(Describe in Remarks): Wetland Hydrology Indicators: I _Stream,Lake,or Tide Gauge Primary Indicators: Aerial Photographs _Inundated Other —Saturated In Upper 12 Inches No Recorded Data Available —Water Marks Drift Lines _Sediment Deposits ! Field Observations: _Drainage Patterns in Wetlands �} Secondary Indicators(2 or more required): Depth of SuHace Water: ' 10�_ _V (in.) _ Oxidized Root Channels in Upper 12 Inches . _Water-Stained Leaves Depth to Free Water in Pit t\DhQ. (in.) —Local Soil Survey Data _FAC-Neutral Test Depth to Saturated Soil: Ii\a,rQ (in.) _Other(Explain in Remarks) I Remarks: �_X��ra� D O, CEO obSc 0(a t tr\ Illi B2 Appendix B Blank and Example Data Forms t i . • SOILS Map Unit Name 1_ 1 LA (Series and Phase):___ft‘.(Q�l�s___r -��+'nJ-r y} , oe)l 5U I Fur V"�'-�--�� _— � Drainage Class: —_--_�-- Taxonom (Subgroup): VVV • Field Observations Y( b9 p):___—___ ----------- _-� Confirm Mapped Type? Yes No Profile Descriotion• Depth Matrix Color Mottle Colors Mottle Abundance/ Texture.Concretions, /inches) Horizon (Munsell Moistl (Munsell Moistl Size/Contrast Structure—etc. __Lp„ Jo YR 3.� ---------- __--_--- . Hydric Soil Indicators: —listosol __Concretions ___Histic Epipedon —_High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils _—Aquic Moisture Regime ___Listed on Local Hydric Soils List —_Reducing Conditions _Listed on National Hydric Soils List _—Cloyed or Low-Chroma Colors ___Other(Explain in Remarks) Remarks: /� (\ • f WETLAND DETERMINATION Hydrophydc Vegetation Present? es (Circle) Wetland Hydrology Present? 6y: (Circle) Hydric Soils Present? Yes d Is this Sampling Point Within a Wetland? Yes J Remarks: - i Approved by HQUSACE 3/92 • Appendix B Blank and Example Data Forms B3 • EXHIBIT K Climate The subject site area has a high plain, continental climate. With the mountains to the west, variations in temperature are wide. In the high plains area, rainfall is light and humidity is low. The average frost-free period is 172 days. Annual average precipitation is about 14 inches. In the eastern high plains area, the climate is modified considerably from that expected of a typical high plain because of the nearby mountains to the west. The winds characteristic of the plains are reduced somewhat by the shielding effect of the mountains. Climate data for the Site is assumed to be similar to that of a weather station at Greeley UNC, Colorado. The Western Regional Climate Center tracks temperature extremes and precipitation data for this station. The following table includes data that was collected between March 1, 1967 and July 31, 2010. GREELEY UNC, COLORADO (053553) Period of Record Monthly Climate Summary Period of Record: 3/1/1967 to 7/31/2010 • Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual Average Max. 41.6 47.1 56.2 64.6 73.7 84.0 90.1 87.7 79.5 66.5 51.3 41.8 65.3 Temperature (F) Average Min. 15.4 19.9 26.8 34.7 44.1 52.8 58.3 56.2 46.9 35.4 24.6 16.4 36.0 Temperature (F) Average Total 0.47 0.36 1.06 1.82 2.43 1.92 1.54 1.36 1.11 1.04 0.75 0.51 14.37 Precipitation On.) Average Total 5.9 4.2 7.4 4.9 0.8 0.0 0.0 0.0 0.7 3.2 6.8 6.6 40.4 SnowFall (in.) Average Snow 2 1 0 0 0 0 0 0 0 0 1 2 0 Depth(in.) _ Percent of possible observations for period of record. Max. Temp.: 100% Min. Temp.: 100% Precipitation: 100% Snowfall: 97.8% Snow Depth: 95.3% Check Station Metadata or Metadata graphics for more detail about data completeness. Source: Western Regional Climate Center,www.wrcc.dri.edu/cei-birdcliMAIN.p1?co3553. • Iverson Mine DRMS 112 Reclamation Permit Application Page K1 of K1 • EXHIBIT L Reclamation Costs Attached is a reclamation cost estimate for the Iverson Mine. Lafarge plans to concurrently mine and reclaim the site. Therefore, for this estimate, we have assumed that there will not be more than 3,500 linear feet of exposed slope (0.5:1 slope at a depth of 28 feet) that needs to be graded for reclamation. The 29.1 acres of land assumed in the estimate to be re-vegetated is consistent with the acreage of land to be reclaimed to upland, as shown on Exhibit F: Reclamation Plan. The rest of the site will be reclaimed to an unlined open water pond and will not require re-vegetation. • Iverson Mine DRMS 112 Reclamation Permit Application Page LI of LI • : O O W O N O O O W r CO y CO M O O) M O O 1f1! ': O o to N l+ M Q co N iO t0 tO N r- O O Y) o O) co O t O u n o re) r--...r ico co in o en i- ::: N N M r n - v_ J v - rc.i !n W O r OD M Q ' U Q ' ~ ;; E/9 fA fA a 69 fH fA e e w W2 ... to fA fA fA ki N r r r r O r r O r U ;1H'-:ii 0 0 0 Z qt N N N N M N N 0 IIiII W- N CO O O :,• N O O r 0 iO ., LL r u.. ..'? , ._O III III Q W Z ." f; m j W U F- . O O iO 0 0 0 0 0 0 ' NI Z _ 'O O N LO N N O LO O 6 o6,e. fl r N r O N M O OO R 1 ce W L ' a . Y F- hi U 0i 613 69 CO 69 e e fA fH 69 fy `x m C r Q '2 IIIIII in C Z i.' o 0 0 `o o o o o alooI E C D .. Q Q Q Q 3 < < ? E i ._ CO D U O _tNOV III- a w • C) o dt v t v 2' Cifl O O' .. !' a 5 N : x N N W C o y J Q 2 !'? en L r it x IIII O w !i A m 0 0III II III a CI) )C C .C M .. £u,".n a) w o o s U 13. co aco 'r a 'm E v U cc w sy trilli, tNI a) 0) 2 - m N C C C m aet as w O V 4 o O . i= Lo N G a c co 0, a N m m 4 E w � : _ w 'm. U a) y O E C N o) E 0 4 4 N C 5 va .O m u o xw 7E It cc o o 0 .12 d ❑ t) Q aoc Q (44 w }' a) iko co 14 U N N Q C C C k GY. (0 O O_ O m O) N NO et 0 E N.O U...2) ` ` d 0 r • EXHIBIT M Other Permits and Licenses A list of other permits, licenses, and clearances associated with the Iverson Mine are as follows: • Weld County Use by Special Review application • Fugitive Dust Permit • CDPS Industrial General Permit for groundwater discharge • Gravel Pit Well Permit • Substitute Water Supply Plan • Stormwater Management Plan • Flood Hazard Development Permit • • Iverson Mine DRMS 112 Reclamation Permit Application Page MI of MI • EXHIBIT N Source of Legal Right to Enter Attached please find the following documents: • Gravel Property Lease between Lafarge West, Inc. and Timothy and Jeanne Iverson • Conveyor Access Agreement between the City of Greeley, Lafarge West, Inc. and the Boyd Irrigation Company • Draft Road Crossing License between Great Western Railway of Colorado, LLC and Lafarge West, Inc. • • Iverson Mine DRMS 112 Reclamation Permit Application Page NI of NI Gravel Property Lease between Lafarge West, Inc. and Timothy and Jeanne Iverson I 1 I GRAVEL PROPERTY LEASE WITH RIGHT OF FIRST REFUSAL I THIS INDENTURE,dated this ' 111 day of A ,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 i West 64th Avenue, Denver, Colorado 30221,Attention: Front Range Aggregates Land Manager. WITNESSETH I In consideration of the sum of by the Company to or on behalf of Lessor,the receipt and sufficiency of which is herebyacknowledged 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 iI locate and operate and /or sublease aggregate, asphalt and concrete plants and with associated easements as provided herein. • L. 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 removed incident to sand and gravel operations hereunder and which are saleable and recoverable from the Property in the course of such operations. ! i 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 F mean a concrete or asphalt batch plant. i ; j 2. Term. The Term of this Lease shall be an initial period often(10)years commencing I 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 Term 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. • It :I • I I II 3. Sales Royalties. • A. Subject to Paragraphs 3.B. and 4, for all Materials sold from the Property during each calendar month,the Company shall pay to Lessor a royalty at the rate of per product ton of 2.000 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 following the anniversary of the date this Lease becomes effective(the"Adjustment Date"). The basis for this adjustment shall be the Producer Price Index—Construction Sand/Gravel/Crushed 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 when 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 j I subsequent Adjustment Date thereafter based on such calculation.The foregoing ratio of Indexes 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 ho longer published,then an index or adjustment accomplishing as nearly as practical the result which would ! have been obtained by using the stated Index if it had been available shall be selected by agreement of the parties hereto. • 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 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 IIIIIIIIpayment shallbe made at the time this Lease commences. All payments shall be deemed"Advance Minimum Royalty"and shall apply to maintainthe Lease in effect for the period commencing on the date this Lease becomes effective to the final Term of the Lease. 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. OS 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 Volume 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 F 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 making 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 i 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. - i 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 5A. above. If due to commingling,Materials are weighed as pit run before processing and sale by the Company pursuant to Paragraph 5.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- • • 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 for purposes 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 its 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 Proptaty. 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 • 5 • 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 shat 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 fanned 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 corriplete 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 -6- • 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 termination of this Lease. The indemnity provisions 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 oftbe 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 fall 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. D. 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. • • • 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 • the 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 fanning 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 hold 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 • • 16. Termination. A. Lessor shall have the right at Lessor' option to terminate this Lease if the Company fails to perform any of its obligations hereunder as follows: i. If the Company fails to pay when due any amounts td 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(30) 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. lf,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 royaltypayments 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. - 10 • - • • D. Upon termination of this Lease with respect to all or any part of the Property, the Company agrees to famish 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 I l.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 temiination 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: - 11 - 0 • I If to the Company: Lafarge West, Inc. Land Department 1400 West 64i°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 ahy 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 Company's 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 orholidayor 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 ofthis Lease without disclosing the economic terms hereof. - 12- • • 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: • MR TIMOTHY IVERSSOON MS.JEANNE IVERSON 0,461e& -t/7c 1/4:71.Zc _r // LESSEE(THE COMPANY): LAFARGE WEST, IN C.. By: tlW` <,M�1`"IAn�k C+Gt�£�1PA �AKV, `"- (Title) - 13 - • • • STATE OF COLORADO ) COUNTY OF itk7,04 he foregoing instrument was acknowledged before me this e day of 2004,by Jeanne Iverson and Timothy Iverson. tness my hand and official seal. Notary Public My commission expires: (� K'/LG /74:2124, STATE OF COLORADO ) COUNTY OF W1 ) • The foregoing instrument was acknowletged before me this 344 day of Y� YY1 Y , 2004, by IQII VV.I.n\4.. who is the b 0 V1Vol 01(tintt1\P Y of Lafarge West,Inc. Witness my hand and official seal. 41,4 (a . t�rk 9 Notary Public C\My commission expires: 1 Q1 n . WTI - 14 - • • EXHIBIT A PROPERTY LEGAL DESCRIPTION • • B1 Ivenan Rev 2 • ID S of/ I 5 — G,c,E ,f G,6.7 60 Loan No.: to/ 970 35-3 a 2.7 • Date: JUNE 8, 2001 PG2 Y70 S o y 3 a p3 Property Address: 5011 F STREET, GREELEY, COLORADO 80631 i EXHIBIT "A" LF.f,AT. nRSrRTumTnm That portion of the East Half o£ 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" West and with all bearings contained herein and relative thereto. Beginning at the south QuarterCorner 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.b ' 00'03'45' West 1023.00 feet, South 74'43'31" East 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 theNortheast 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 an 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" East 103.00 feet, North 56'40'00• 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 Went 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 Northeast corner of the Northwest Quarter of the Southeast Quarter of said Section 34, said point also being the approximate centerline of the Cache La Poudre River, thence along the approximate centerline of said river the following 26 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 • 668'21'00' West 209.00 feet, South 48'39'00" West 283.00 feet, South 20'38'004 West 144.00 feet, South 47'36'00' East 355.00 feet, 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 ot'08'00' East 368.00 feet, South 12'25'00" West 185.00 feet, South Conveyor Access Agreement between the City of Greeley, Lafarge West, Inc. and the Boyd Irrigation Company CONVEYOR ACCESS AGREEMENT THIS CONVEYOR ACCESS AGREEMENT("Agreement") is made and entered into this b '1"1" day of (,�,t-ecw�",2010(the"Effective Date), between the CITY OF GREELEY, a Colorado home lit a municipal corporation,the mailing address of which, for purposes of this Agreement, 1100 10th 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 lom 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 6th 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 WHEREAS, 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 35`"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 bye'so 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 termination 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 seq. 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 OF oC�J By: o s p Title: Oro SPeiq/ AL * I vv"vWwumlII/,/ 1,< T: %�1 ATTEST: o`°� vE M• 414,-��0� ,1• .f•, ._ :. II By: 4h&l4llztu(us F _ *NOTA9 '`cry L Ci!rk = '• v.'' LIC 0�6ao•c �\ APPROVED AS TO LEGAL FORM: BOYD IRRIGATION COMPANY, �""l'i ostio\"\ �(- , a Color non-profit Co ration f‘By: • By: City Attorney Pad APPRO E.��i TS SUBSTANCE: AVAILABILITY OF FUNDS By: III By: Director o Fin 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 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 following graphic is from the Weld CountyAssessor and highlights the subject site in red. 3 i Ql_ i } l ch ii � - A� k 1 �I < skt�4 *, hi � tL " ( U y f 1 y ..? I -% I'7.•''y� S4 i1 el ,�i )� tF k L° a i � _ t 1 � I r s/e/i,?ti h''7vj e li, t L ! dl Its i. i i�'�lw 1 d - 1 , ,ia t� �Ai a y 3 '' �?., 1C r 1. 3 1 1 r „,__.'illj i I �,j_ e i4 ,i.1 .1. '4� _ -,, uvl y'\d:.e i ti5+� > a( "/f tL^',4IILt Ci e xi -1 L- f :, ! .te Id +S, l� _ 1 > i,� � t 1—,‘..;,-,,/,17,...: x 'fini t l^'y a, , ,. ,t; , i x „ , .>ti ��lil� �" , : 2. /t {' .7 fek „__u Z.../.,.. ..+.�L112..1jsE,-!._r3 .f...,.x...xca�.s...J: 4 Lra __ _. _. _• i :n.:y i;b'sulIIf93 7 EXHIBIT B EASEMENT FOR CONVEYOR LEASE AREA Lanveyd-133metrt 4 ate nduue•, c b I � 4 1 I 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 • Draft Road Crossing License between Great Western Railway of Colorado, LLC and Lafarge West, Inc. 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 terms 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 IIMMEIMIMMIEM -for each and every year or fractional part thereof during the term of this License or any renewal thereof and an administrative fee ofIS EIMIIIMMIIM 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. Pagel 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 Baggers 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. ADDITIONA.L 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 5of8 LandRail Agreement No.406631 Revision Date:March 22,2010 C. Assignment: This License and all of the provisions herein contained shall be 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 AND 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 COVEREID 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: LaFarge 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 LandRail, L.L.C. By: By: Printed name: Printed name: Title: Title: Page 8 of 8 ""Ir LanoraiL PRIVATE ROAD CROSSING APPLICATION it is Railroad's policy that one existing road crossing must be removed fora new road crossing installation to be approved. PLEASE BE THOROUGH:Incomplete applications may result in processing delays. SECTION I: TO BE COMPLETED FOR ALL CROSSINGS � r Complete Legal Name of Applicant: rI7t6 111gZri Agreement to be in the name of(if different from above): SAM e "' AWE ' Type of Applicant(please mark one): Corporation A LLC Individual Municipality Partnership (General Limited_)Other If applicable,state/province of incorporation or organization: Nr'A Federal Tar Identification number(if applicable): 6g 6/ '57,i "�9'5 Mailing Address:I 14-0 CI l /lJel A-ex eic...tt8" goo., 6041MO/\J1 6o e.,05- Billing Address(if different): .64416 "3'0 JG Overnight Delivery Service Address: 434 95 /Q VE Contact Person:1JI6 ;307 I Sb1-A 'ON _Title: 4itP, L v4) M.4-AIR-4A Phone No.:% 1,04 30 I FaxNo.:j5C3) t004' a 2),2'7 Email: Allele 7--J;i1+1'7°0 4'! @/4 r.ge --nU corn Type of Road Crossing: Private Farm Crossing 'Private Commercial Crossing Contractor's Crossing Pedestrian Overpass _Pedestrian Underpass _Other Existing Crossing New Installation —Relocation _Permanent Use _Temporary Use for Mos. _Reconstruction R-e-z. Crossing will be used to access 4E 7 P4°PC-till Proposed Width of Crossing: )c' feet Desired Material for Crossing(circle one):Wood Planks/Concrete/Asphalt/Rubber/Other: de-rtV61— Type of Vehicles to be driven over crossing: Passenger Cars _Recreational Vehicles }(Pickups Farm Equipment X.Heavy Construction Equipment _Other Approximate number of daily one way trips over the crossing Nano of Own.of Property so befaervaf by crossing /try -r,�[� Address if different than above /00 00 /0 r,ar; 4,('6.t.c l th g0(3! _ Railroad being crossed: Gk L T k/Grek/1) 'T'I(WI1 7 EIF co Nearest Milepost 4'5 Crossing is located in the:N YZ Section 34 ,Township tO'J Range jp(o (Example: SEA of NW'A Section 15,Township 39N,Range 12E) in/Neur the City of L1r°G',y yr County 61'6 _state ev-ole o Attach a legal description of your property to be served by the crossing and a property or county map showing the location of the Grossing Indicate un the map the distance measured along the truck botwecn!ho crossing iusd 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 • • 406637 L.alnor"alL SECTION 3: TO BE COMPLETED FOR INSTALLATION OF NEW CROSSINGS ONLY I� t l I tow is property eurruxly accessed? f<� why was access to property not obtained from previous owner Desired crossing will be P. I feet ( )North ( 1 South East t ) West Of nearest t1 I WL'7 i AC _- 0 Public ( 1 Private road crossing. Track is in .1 fl swill,; Number tracks crossed I Track is on. ( I Cur,c N Straight If this application is approved, applicant agrees to reimburse the properly owner for any cost incurred by the properly owner incident to installation, maintenance, andior supervision necessitated by this installation and further agrees to assume all liability for accidents or injuries which arise as a result of this installation. Non-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,LLC arc 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( IAZMAI)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: t.andRail LLC,50 S.Steele St.,Ste.374,Denver,CC)80209, Telephone Number: (303)398-0400,Fax Number(866)36S-8546. Once an executable road crossing license agreement is submitted to you,the agreement must be fully negotiated and executed within one hundred twenty(1211)days. Thereafter,the application and materials wilt be archived and resubmission (including fees) will be required, PLEASE INITIAL.HERE INDICATING YOUR UNDERSTANDING OF THIS POLICY: Date.: !D—7- to Signature: JS Name Prince : ,S EVas,n Title: ©/sera S Phone No.: 30.3 - 617 to 7/ FOR RAILROAD USE ONLY RAILROAD MILEPOST RAILROAD SUBDIVISION AARO0FNUsIBER_ _ `IGR IND&PUBLIC PROIF:CTS MGR TRACK MAINTENANCE MGR SIGNAL MAINTENANCE PIIONE:_-- _ PHONE: - PHONE:--..,_— — 5UI'ITUNTENDENT TRANSP SVCS APPROVAL RECEIVED: MDT II OF CROSS(NG w'ID'1'H OF RR RI(IHT-OF-WAY__ .- CROSSING SI;RFACF_____ FLAGGING PROTECTION LOCKED GATES REQUIRED AT RF.QUiRI;D -.._ RIGHT-OF-WAY LINES? SPECIAL PROVISIONS: ESTIMATED COST(ATTACH MATFRIAL AND FORCE ACcotJNr ESTIMATF.) Exhibit"A" 4 0 6 6 3 1 /✓Y7d`JA7SS0f7O 30YE1'J-1 Y ,..,..,.�^ _ . . N �P^�11 f t ! ALA. �l•W�96 ww Ysaaviava wti»orsxxax '�AIY1� 1$£i[ dl FP w\ Wilb 11 ti ? II g 444;a l I' 1 I l i m •i u cr •2& f f n /�roro ma/ m".r., '4mm , �lo`: u ; U / Lo pb pN b tf f o e 6 2P l I R\ o cc, 5 WQo Asa= o / J a W„,.j om w2 o � i • /. . aca o - eA.I l r 7f ` Jr P ' 'groat=A(47141,31 \ ti i a h1it17r ,f:, O "m_ y 7 _ O-4 4�i2" 4W 00 ! / it yyo ory-W H?� u� CD Q h�& Qi eh r7 3'' ; w� ' o 7 / I'/// `c�i 10 �� / ;jj3w�W Ll 0 it Q ��tt ''-3- ! /I a4 1 e hbb a� C(Z �S C �3 W W I y •vw2a / ®Y! i, I Uh�WN O o l,0 aS .' V Y Y, I WWU4N t�0 W WW •� / ! // ri o.,` o R q 4 u W o ! I k 32 yo &,i R_� I / / !`• nW Luc", % h a ! h I JL -1r Lanoraic PRIVATE ROAD CROSSING APPLICATION It is Railroad's policy that one existing road crossing must be removed for a new rod crossing installation to be approved. • PLEASE BE THOROUGH:Incomplete applications may result in processing delays. SECTION I: TO BE COMPLETED//FOR ALL CROSSINGS Complete Legal Name of Applicant `^'t"ne..11 11 E;T, /Aid. Agreement to be in the name of(if different from above): 511-MG As ,fbb vt Type of Applicant(please mark one): Corporation LLC Individual_Municipality_Partnership (General_Limited_)Other If applicable,state/province of incorporation or organization: Ni Pi Federal Tax Identification number(if applicable): a6 / '3( A-95 Mailing Address: 114o4 1/r"i7/ 629 Pate OQLt1 iinE 20o• LAM/mom:e.A7 605"04 Billing Address(if diferent): 44/lAe ti fYSbvE Overnight Delivery Service Address: '4 ME ire°UC ,r pp��'�� Contact Person:"'ANC 1362-5r $ t�A( Title: A-(GPJ ti/I'N1() Mkt1/4*f. Phone No.: j bgff. A 307 FaxNo.:(5C3) (DUT, a 22 Ar? Email: kn>1e , :ft-An/70o @/44-.rge -nta .C!orn Type of Road Crossing: _Private Farm Crossing Private Commercial Crossing _Contractor's Crossing _Pedestrian Overpass _Pedestrian Underpass Other Existing Crossing _New Installation Relocation _Permanent Use Temporary Use for Mos. _Reconstruction • Crossing will be used to access agate y /P fed Petri Proposed Width of Crossing: 3° feet Desired Material for Crossing(circle one):Wood Planks/Concrete/Asphalt/Rubber/Other: 4/41/0— Type of Vehicles to be driven over crossing: _Passenger Cars _Recreational Vehicles X Pickups _Farm Equipment KHeavy Construction Equipment _Other Approximate number of daily one way trips over the crossing /i �/ i Name of Owner of Property to be smW by crossing 6-in Jr` (4ee. �G( Address if different than above�l1 /O00 /0 5i/k�eer; 44E-Ley Co e,0(O3i Railroad being crossed: tea)T kk TE Z/) 1`RI LWN+/ i F eD Nearest Milepost 4/5 Crossing is located in the:/4 YZ Section 3'T Township (C N ,Range (0(0 IA/ 4//('Example: SE''A of NW'A Section 15,Township 39N,Range 12E) //�1 In/Near the City of e.tE eS J County Wei State L:LV-be n-to Attach a legal description of your property to be served by the crossing and a property or county map showing the • location of the crossing,.Indicate on the map the distance measured along the track-bmmecn the 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 Erbil*`A" • • 40663 4. nr LanoraiL SECTION 3: TO BE COMPLETED FOR INSTALLATION OF NEW CROSSINGS ONLY How is property currently accessed? ! Why was access to property not obtained from previous owner • Desired crossing will be !/2 HO feet ( )North ( ) South 0 East ( ) West ne Ofarest 5q1 /rVemUc (o public ( ) Private road crossing. r �cc Track is in ft cu fill ` Number tracks crossed Track is on: ( )Curve N 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 further agrees to assume all liability for accidents or injuries which arise as a result of this installation. Non-refundable fees in the amount of$1,000(US) for document preparation, $1,100 engineering review fee (U.S.), and $850 Right of Entry fee (US) made payable to LandRail, LLC are 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$1,000.00. Please note, if the submitted application and prints require review by any independent environmental(IIAZMAT)or other outside consultants,this review will be at applicant's sole cost and in addition to the aforementioned fees. Please return fees (payable to LandRail, LLC in US Dollars),application,maps and/or prints to: LandRail LLC,50 S.Steele St,Ste.374,Denver,CO 80209. Telephone Number: (303)398-0400,Fax Number(866)365-8546. Once an executable road crossing license agreement Is submitted to you, the agreement must be fully negotiated and executed within one hundred twenty(120)days. Thereafter, the application and materials will be archived and resubmission (including fees) will be required. PLEASE INITIAL HERE INDICATING YOUR UNDERSTANDING OF THIS POLICY: Date: /a-7- 1O Signature:tr � ��_ • Name Prin /e. E/a S ( n Title: Opera-1/Ors /la...jer Phone No.: 303 - 6/g .- 6'7/9 FOR RAILROAD USE ONLY RAILROAD MILEPOST RAILROAD SUBDIVISION AAR/DOT NUMBER MGR IND&PUBLIC PROJECTS MGR TRACK MAINTENANCE MGR SIGNAL MAINTENANCE PHONE: PHONE: PHONE: _ SUPERINTENDENT TRANSP SVCS APPROVAL RECEIVED: WIDTH OF CROSSING WIDTH OF RR RIGHT-OF-WAY CROSSING SURFACE FLAGGING PROTECTION LOCKED GATES REQUIRED AT REQUIRED RIGHT-OP-WAY LINES? SPECIAL PROVISIONS: ESTIMATED COST(ATTACH MATERIAL AND FORCE ACCOUNT ESTIMATE) • Exhibit.A, 4 0 6 6 3 1 •. ,--.y •n - NY7d VNISSO6V 30Y807.1 ,�Y IIII �r4t 2 Nq • , A1/'lJY131t'dAY Mgt ( I-anu xvsawn.vrr vnn sorvxwor 'IRO li I#1;11111 11\ iai 1 ai i; 8866 I i i 4 TO t � I hin 1 j�1 0 n] O''Cr S& �O r . b O'444,'O/ PV g,b to tat, 1.0 t$ b i tr / 1�Z b�°^ bh.. bP !/�i 06 , 9y �e 20T PY <tl P , Ptl P , i u / O , ' U0 O � i ti k X3I 0 o / / r 1 /1 ) - / / z T — Si l( r /cr aw 3-czar,z/ 1..• v 1�4 C� �% / / ¢ n Q2 ey c• i.RC ' /nfo } } / ,,; .N9,8 'W�' / / / 4/; / a u u /a h r ! ` a ye hip d'3Wa0 `� 6 / .,g .. / x • U / % x N `(=1‘°//h {{yy n / / �e • 7/ / W u R J • / // // � / S Oda ^ WO . / l� 1 4- • / UW ! t 0 / `8 ,� \ / . c' / / �/ j / • EXHIBIT 0 Owner of Record The owners of record associated with this permit application are Timothy and Jeanne Iverson and the City of Greeley. Attached are copies of the title commitments for both properties. • • Iverson Mine DRMS 112 Reclamation Permit Application Page 01 of 01 Iverson Title Commitment • • S • • • Land Title Guarantee Company CUSTOMER DISTRIBUTION Date: 07-01-2008 Our Order Number: FCC25083076 Property Address: VACANT LAND GREELEY CO 80631 LAFARGE NORTH AMERICAN INC 11409 BUSINESS PARK CIR#200 LONGMONT,CO 80504 Alm: ANNE JOHNSON Phone: 303-684-2307 Fax: 303-684-2327 Copies: 1 EMail: anne.johnson@lafarge-na.com Sent Via EMail • If you have any inquiries or require further assistance, please contact Final Policy Department • Phone: 970-282-3649 Fax: 970-282-3652 Form DELIVERY.LP LTG Policy No. LTAQ25083076 Form PIB/ORT • PROPERTY INFORMATION BINDER Our Order No. FCC25083076 Liability: $50,000.00 Fee: $500.00 Subject to the exclusions from coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Binder, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY a Corporation, herein called the Company, GUARANTEES LAFARGE NORTH AMERICAN INC herein called the Assured, against loss, not exceeding the liability amount stated above, which the assured • shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records as of June 18, 2008 at 5:00 P.M. 1. Title to said estate or interest at the date hereof is vested in: TIM D. IVERSON AND JEANNE IVERSON 2. The estate or interest in the land hereinafter described or referred to covered by this Binder is: A Fee Simple Land Title Guarantee Company • Representing Old Republic National Title Insurance Company LTG Policy No. LTAQ25083076 Form PIB/ORT • Our Order No. FCC25083076 3. The land referred to in this Binder is situated in the State of Colorado, County of WELD described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION 4. The following documents affect the land: NOTE: THIS BINDER DOES NOT REFLECT THE STATUS OF TITLE TO WATER RIGHTS OR REPRESENTATION OF SAID RIGHTS, RECORDED OR NOT. • NOTE: THIS BINDER IS NOT A REPORT OR REPRESENTATION AS TO MINERAL INTERESTS, AND SHOULD NOT BE USED, OR RELIED UPON, IN CONNECTION WITH THE NOTICE REQUIREMENTS THAT ARE SET FORTH IN CRS 24-65.5-103. NOTE: ADDITIONAL UPDATES TO THE EFFECTIVE DATE OF THE BINDER MAY BE REQUESTED BY THE PROPOSED INSURED. ONE UPDATE IS INCLUDED WITH THIS BINDER AT NO ADDITIONAL COST. ANY ADDITIONAL UPDATES WILL BE ISSUED AT THE COST OF $125 PER UPDATE. FOR EACH UPDATE PROVIDED, A REVISED BINDER WILL BE ISSUED SHOWING A NEW EFFECTIVE DATE AND ANY MATTERS RECORDED SINCE THE EFFECTIVE DATE OF THE PREVIOUS BINDER. 1. RIGHT 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. • Land Title Guarantee Company Representing Old Republic National Title Insurance Company LTG Policy No. LTAQ25083076 Form PIB/ORT Our Order No. FCC25083076 • 4. The following documents affect the land: (continued) 2. ANY QUESTION, DISPUTE OR ADVERSE CLAIMS AS TO ANY LOSS OR GAIN OF LAND AS A RESULT OF ANY CHANGE IN THE RIVER BED LOCATION BY NATURAL OR OTHER THAN NATURAL CAUSES, OR ALTERATION THROUGH ANY CAUSE, NATURAL OR UNNATURAL, OF THE CENTER THREAD, BANK, CHANNEL OR FLOW OF WATERS IN THE CACHE LA POUDRE RIVER RIVER LYING WITHIN SUBJECT LAND; AND ANY QUESTION AS TO THE LOCATION OF SUCH CENTER THREAD, BED, BANK OR CHANNEL AS A LEGAL DESCRIPTION MONUMENT OR MARKER FOR PURPOSES OF DESCRIBING OR LOCATING SUBJECT LANDS. 3. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 26, 1888, IN BOOK 34 AT PAGE 319. 4. OIL AND GAS LEASE RECORDED FEBRUARY 17, 1977 UNDER RECEPTION NO. 1711675 IN BOOK 790 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. 5. OIL AND GAS LEASE RECORDED MARCH 17, 1980 UNDER RECEPTION NO. 1819746 IN • BOOK 898 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. 6. RIGHT OF WAY EASEMENT AS GRANTED TO CITY OF GREELEY IN INSTRUMENT RECORDED APRIL 24, 1981, UNDER RECEPTION NO. 1855988 IN BOOK 934. 7. OIL AND GAS LEASE RECORDED APRIL 23, 1982 UNDER RECEPTION NO. 1889639 IN BOOK 966 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. 8. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY AGREEMENT RECORDED FEBRUARY 07, 1984 AT RECEPTION NO. 1955454 IN BOOK 1020. 9. ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS RESERVED IN INSTRUMENT RECORDED DECEMBER 30, 1993, UNDER RECEPTION NO. 2366836. 10. TERMS, CONDITIONS AND PROVISIONS OF MATTERS AS SET FORTH ON INSTRUMENT RECORDED SEPTEMBER 22, 2005 AT RECEPTION NO. 3325375. 11. TERMS, CONDITIONS AND PROVISIONS OF MATTERS AS SET FORTH ON MAP RECORDED OCTOBER 26, 2005 AT RECEPTION NO. 3334618. 12. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF AGREEMENT RECORDED • LTG Policy No. LTAQ25083076 Form PIB/ORT • Our Order No. FCC25083076 4. The following documents affect the land: (continued) FEBRUARY 06, 2006 AT RECEPTION NO. 3360770. 13. DEED OF TRUST DATED MARCH 01, 2003 FROM TIM D. IVERSON AND JEANNE IVERSON TO THE PUBLIC TRUSTEE OF WELD COUNTY FOR THE USE OF WELLS FARGO HOME MORTGAGE INC TO SECURE THE SUM OF $147,875.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED APRIL 09, 2003, UNDER RECEPTION NO. 3050690. 14. DEED OF TRUST DATED FEBRUARY 07, 2003 FROM TIM D. IVERSON AND JEANNE IVERSON TO THE PUBLIC TRUSTEE OF WELD COUNTY FOR THE USE OF WELLS FARGO BANK NA TO SECURE THE SUM OF $20,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED MARCH 03, 2003, UNDER RECEPTION NO. 3038028. • • LTG Policy No. LTAQ25083076 Our Order No. FCC25083076 • EXHIBIT"A" LEGAL DESCRIPTION THAT PORTION OF THE E 1/2 OF THE SW 1/4 AND THE W 1/2 OF THE SE 1/4 AND THE E 1/2 OF THE NW 1/4 AND THE W 1/2 OF THE NE 1/4 OF SECTION 34, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; CONSIDERING THE SOUTH LINE OF THE SW 1/4 OF SAID SECTION 34 AS BEARING N 89° 24' 31" W AND WITH ALL BEARINGS CONTAINED HEREIN AND RELATIVE THERETO: BEGINNING AT THE S 1/4 CORNER OF SAID SECTION 34; THENCE ALONG THE SOUTH LINE OF THE SW 1/4 OF SAID SECTION 34, N 89° 24' 31" W, 1321.98 FEET TO THE SW CORNER OF THE SE 1/4 OF THE SW 1/4 OF SAID SECTION 34, SAID POINT ALSO BEING THE SW 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, N 00° 03' 45" W, 1023.00 FEET; S 74° 43' 31" E, 280.00 FEET; S 85° 41' 31" E, 175.00 FEET; N 74° 34' 29" E, 272.00 FEET TO THE TRUE POINT OF BEGININNING; THENCE CONTINUING ALONG THE NORTHERLY LINE OF SAID BOOK 937, RECEPTION #1859175, S 00° 03' 31" E, 70.00 FEET; THENCE N 74° 34' 29" E, 116.00 FEET; THENCE N 66° 35' 29" E, 186.00 FEET; THENCE N 49° 03' 29" E, 71.30 FEET TO THE NE CORNER OF SAID PARCEL DESCRIBED IN BOOK 937 AT RECEPTION NO. 1859175; THENCE N 39° 32' 29" E, 94.50 FEET; THENCE N 33° 24' 29" E, 59.59 FEET TO A POINT THAT IS 30.00 FEET SOUTH OF THE CENTERLINE OF AN EXISTING IRRIGATION DITCH; THENCE PARALLEL WITH AND 30.00 FEET SOUTH OF THE APPROXIMATE CENTERLINE OF SAID DITCH THE FOLLOWING 5 COURSES AND DISTANCES; N 58° 00' 00" E, 103.00 FEET; N 56° 40' 00" E, 341.00 FEET; N 76° 09' 00' E, 116.00 FEET; N 80° 11' 00" E, 640.00 FEET; N 78° 58' 00" E, 358.46 FEET TO A POINT THAT IS 40.00 FEET • WEST OF THE EAST LINE OF THE W 1/2 OF THE SE 1/4 OF SAID SECTION 34; THENCE PARALLEL WITH AND 40.00 FEET WEST OF SAID LINE, S 00° 00' 44" W, 327.57 FEET TO THE SOUTH LINE OF THE NW 1/4 OF THE SE 1/4 OF SAID SECTION 34; THENCE ALONG SAID LINE S 89° 36' 32" E, 40.00 FEET TO THE EAST LINE OF THE W 1/2 OF THE SE 1/4 OF SAID SECTION 34; THENCE ALONG SAID LINE N 00° 00' 44" E, 1359.19 FEET TO THE NE CORNER OF THE NW 1/4 OF THE SE 1/4 OF SAID SECTION 34, SAID POINT ALSO BEING THE APPROXIMATE CENTERLINE OF THE CACHE LA POUDRE RIVER; THENCE ALONG THE SAID APPROXIMATE CENTERLINE OF SAID RIVER THE FOLLOWING 28 COURSES AND DISTANCES; S 64° 54' 19" W, 59.83 FEET; S 67° 42' 00" W, 352.00 FEET; S 62° 56' 00" W, 160.00 FEET; N 77° 05' 00" W, 197.00 FEET; N 51° 56' 00" W, 150.00 FEET; N 33° 23' 00" W, 269.00 FEET; N 10° 28' 00" E, 783.00 FEET; N 23° 38' 00" W, 115.00 FEET; N 55° 58' 00" W, 220.00 FEET; N 70° 40' 00" W, 225.00 FEET; N 77° 15' 00" W, 421.00 FEET; N 60° 34' 00" W, 152.00 FEET; S 86° 28' 00" W, 300.00 FEET; S 68° 21' 00" W, 209.00 FEET; S 48° 39' 00" W, 283.00 FEET; S 20° 38' 00" W, 144.00 FEET; S 47° 36' 00' E, 355.00 FEET; S 48° 09' 00' E, 332.00 FEET; S 24° 53' 00" E, 253.00 FEET; S 41° 12' 00" E, 242.00 FEET; S 18° 14' 00" E, 250.00 FEET; S 01° 08' 00" E, 368.00 FEET; S 12° 25' 00" W, 185.00 FEET; S 13° 55' 00" E, 413.00 FEET; S 34° 45' 00" E, 96.00 FEET; S 11° 58' 00" E, 267.00 FEET; S 35° 18' 00" W, 150.00 FEET; S 69° 23' 25" W, 322.59 FEET TO THE TRUE POINT OF BEGINNING. • • Property Information Binder CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this Binder mean: (a) "Land":The land described,specifically or by reference, in this Binder and improvements affixed thereto which by law constitute real property; (b) "Public Records";those records which impart constructive notice of matters relating to said land; (c) "Date":the effective date; (d) "the Assured":the party or parties named as the Assured in this Binder,or in a supplemental writing executed by the Company; (e) "the Company" means Old Republic National Title Insurance Company, a Minnesota stock company. 2. Exclusions from Coverage of this Binder The company assumes no liability including cost of defense by reason of the following: (a)Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records;taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. (b) Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. (c)Title to any property beyond the lines of the Land,or title to streets,roads,avenues, lanes,ways or waterways on which such land abuts,or the right to maintain therein vaults,tunnels,ramps,or any other structure or improvement; or any rights or easements therein unless such property,rights or easements are expressly and specifically set forth in said description. (d)Mechanic's lien(s),judgment(s)or other lien(s). (e)Defects,liens,encumbrances,adverse claims or other matters: (a)created,suffered or agreed to by the Assured; (b)not known to the Company,not recorded in the Public Records as of the Date,but known to the Assured as of the Date;or(c)attaching or creating subsequent to the Date. • 3. Prosecution of Actions (a)The Company shall have the right at its own costs to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein assured;and the Company may take any appropriate action under the terms of this Binder,whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. (b) In all cases where the Company does not institute and prosecute any action or proceeding,the Assured shall permit the Company to use,at its option, the name of the Assured for this purpose.Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding,and the Company shall reimburse the Assured for any expense so incurred. 4. Notice of Loss - Limitation of Action A statement in writing of any loss or damage for which it is claimed the Company is liabile under this Binder shall be furnished to the Company within sixty days after such loss or damage shall have been determined,and no right of action shall accrue to the Assured under this Binder until thirty days after such statement shall have been furnished,and no recovery shall be had by the Assured under this Binder unless action shall be commenced thereon with two years after expiration of the thirty day period. Failure to furnish the statement of loss or damage or to commence the action within the time herinbefore specified,shall be conclusive bar against maintenance by the Assured of any action under this Binder. 5. Option to Pay, Settle or Compromise Claims The Company shall have the option to pay,settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Binder,or to pay the full amount of this Binder. Such payment or tender of payment of the full amount of the Binder shall terminate all liability of the Company hereunder. 4111 PIB.ORT Cover Page 1 of 2 6. Limitation of Liability- Payment of Loss (a)The liability of the Company under this Binder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth,but in no event shall the liabiity exceed the amount of the liability stated on the face page hereof. (b)The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured,and all costs and attorney's fees in litigation carried on by the Assured with the written authorization of the Company. (c)No claim for loss or damages shall arise or be maintainable under this Binder(1)if the Company after having received notice of any alleged defect,lien or encumbrance not shown as an Exception or excluded herein removes such defect,lien or encumbrance within a reasonable time after receipt of such notice, or(2) for liability voluntarily assumed by the Assured in settling any claim or suit without written consent of the Company. (d)All payments under this Binder,except for attorney's fees as provided for in paragraph 6(b)thereof,shall reduce the amount of the liability hereunder pro tanto,and no payment shall be made without producing this Binder or an acceptable copy thereof for endorsement of the payment unless the Binder be lost or destroyed, in which case proof of the loss or destruction shall be furnished to the satisfaction of the Company. (e)When liability has been definitely fixed in accordance with the conditions of this Binder,the loss or damage shall be payable within thirty days thereafter. 7. Subrogation Upon Payment or Settlement Whenever the Company shall have settled a claim under this Binder, all right of subrogation shall vest in the Company unaffected by any act of the Assured,and it shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Binder not been issued. If the payment does not cover the loss of the Assured, the Company shall be subrogated to the rights and remedies in the proportion which the payment bears to the amount of said loss.The Assured,if requested by the Company,shall transfer to the Company all rights and remedies against any person or proprty necesary in order to perfect the right of subrogation,and shall permit the Company to use the name of the Assured in any transaction or litigation involving the rights or remedies. 8. Binder Entire Contract • Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Binder. No provision or condition of this Binder can be waived or changed except by a writing endorsed or attached hereto signed by the President,a Vice President, the Secretary,an Assistant Secretary or other validating officer of the Company. 9. Notices. Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at 400 Second Avenue South, Minneapolis, Minnesota 55401, (612)371-1111. 10. Arbitration Unless prohibited by applicable law,either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Issued through the Office of: LAND TITLE GUARANTEE COMPANY 'T"' 772 WHALERS WAY p100 :49 of*Ircp'%' FORT COLLINS,CO 80525 •e� ' * G 970-282-3649 _o * a iE� IJ =m h m_ 7 * Authorized Signature ' PIB.ORT Cover Page 2 of 2 • LAND TITLE GUARANTEE COMPANY INVOICE Land Title (AJAKANK KL COMPANY Customer Reference No. Record Owner: TIM D. IVERSON AND JEANNE IVERSON Property Address: VACANT LAND GREELEY CO 80631 When referring to this order, please reference our Order No. FCC25083076 - CHARGES- Property Information Binder $500.00 Tax Report $25.00 • --Total— $525.00 Payment is due within 30 days from the date on which the Guarantee is issued. If payment is not received within 30 days of that date, the Guarantee and all coverages thereunder shall be cancelled. Please make checks payable to: • LAND TITLE GUARANTEE COMPANY 772 WHALERS WAY#100 FORT COLLINS, CO 80525 City of Greeley Title Commitment • Land Title Guarantee Company CUSTOMER DISTRIBUTION Date: 07-01-2008 Our Order Number: FCC25083077 Property Address: VACANT LAND GREELEY CO 80631 LAFARGE NORTH AMERICAN INC 11409 BUSINESS PARK CIR#200 LONGMONT,CO 80504 Attn: ANNE JOHNSON Phone: 303-684-2307 Fax: 303-684-2327 Copies: 1 EMail: anne.johnson@lafarge-na.com Sent Via EMail • If you have any inquiries or require further assistance, please contact Final Policy Department • Phone: 970-282-3649 Fax: 970-282-3652 Form DELIVERY.LP LTG Policy No. LTAQ25083077 Form PIB/ORT PROPERTY INFORMATION BINDER • Our Order No. FCC25083077 Liability: $50,000.00 Fee: $500.00 Subject to the exclusions from coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Binder, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY a Corporation, herein called the Company, GUARANTEES LAFARGE NORTH AMERICAN INC herein called the Assured, against loss, not exceeding the liability amount stated above, which the assured • shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records as of June 18, 2008 al 5:00 P.M. 1. Title to said estate or interest at the date hereof is vested in: CITY OF GREELEY 2. The estate or interest in the land hereinafter described or referred to covered by this Binder is: A Fee Simple Land Title Guarantee Company • Representing Old Republic National Title Insurance Company LTG Policy No. LTAQ25083077 • Form PIB/ORT Our Order No. FCC25083077 3. The land referred to in this Binder is situated in the State of Colorado, County of WELD described as follows: THE NE 1/4 OF THE SE 1/4 AND ALL THAT PART OF THE SE 1/4 OF THE NE 1/4, LYING SOUTH OF THE RIGHT OF WAY OF THE C AND S RAILROAD, SECTION 34, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO 4. The following documents affect the land: NOTE: THIS BINDER DOES NOT REFLECT THE STATUS OF TITLE TO WATER RIGHTS OR REPRESENTATION OF SAID RIGHTS, RECORDED OR NOT. • NOTE: THIS BINDER IS NOT A REPORT OR REPRESENTATION AS TO MINERAL INTERESTS, AND SHOULD NOT BE USED, OR RELIED UPON, IN CONNECTION WITH THE NOTICE REQUIREMENTS THAT ARE SET FORTH IN CRS 24-65.5-103. NOTE: ADDITIONAL UPDATES TO THE EFFECTIVE DATE OF THE BINDER MAY BE REQUESTED BY THE PROPOSED INSURED. ONE UPDATE IS INCLUDED WITH THIS BINDER AT NO ADDITIONAL COST. ANY ADDITIONAL UPDATES WILL BE ISSUED AT THE COST OF $125 PER UPDATE. FOR EACH UPDATE PROVIDED, A REVISED BINDER WILL BE ISSUED SHOWING A NEW EFFECTIVE DATE AND ANY MATTERS RECORDED SINCE THE EFFECTIVE DATE OF THE PREVIOUS BINDER. 1. ANY QUESTION, DISPUTE OR ADVERSE CLAIMS AS TO ANY LOSS OR GAIN OF LAND AS A RESULT OF ANY CHANGE IN THE RIVER BED LOCATION BY NATURAL OR OTHER THAN NATURAL CAUSES, OR ALTERATION THROUGH ANY CAUSE, NATURAL OR UNNATURAL, OF THE CENTER THREAD, BANK, CHANNEL OR FLOW OF WATERS IN THE CACHE LA POUDRE RIVER LYING WITHIN SUBJECT LAND; AND ANY QUESTION AS TO THE LOCATION OF • Land Title Guarantee Company Representing Old Republic National Title Insurance Company LTG Policy No. LTAQ25083077 Form PIB/ORT Our Order No. FCC25083077 • 4. The following documents affect the land: (continued) SUCH CENTER THREAD, BED, BANK OR CHANNEL AS A LEGAL DESCRIPTION MONUMENT OR MARKER FOR PURPOSES OF DESCRIBING OR LOCATING SUBJECT LANDS. 2. RIGHT OF WAY EASEMENT AS GRANTED FOR RAILROAD IN INSTRUMENT RECORDED AUGUST 02, 1881, IN BOOK 31 AT PAGE 302. 3. TERMS, CONDITIONS AND PROVISIONS OF PRIVATE ROAD AND FENCE AGREEMENT RECORDED MARCH 28, 1944 IN BOOK 1130 AT PAGE 349. 4. OIL AND GAS LEASE RECORDED MARCH 22, 1982 UNDER RECEPTION NO. 1886216 IN BOOK 963 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. NOTE: EXTENSION OF THE ABOVE LEASE AS CLAIMED BY AFFIDAVIT OF PRODUCTION WAS RECORDED APRIL 11, 1984 UNDER RECEPTION NO. 1962655 IN BOOK 1026. 5. RIGHT OF WAY EASEMENT AS GRANTED TO BELLWETHER EXPLORATION CO IN INSTRUMENT • RECORDED FEBRUARY 02, 1984, UNDER RECEPTION NO. 1955008 IN BOOK 1019. 6. RIGHT OF WAY EASEMENT AS GRANTED TO BELLWETHER EXPLORATION CO IN INSTRUMENT RECORDED FEBRUARY 02, 1984, UNDER RECEPTION NO. 1955009 IN BOOK 1019. 7. ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS RESERVED IN INSTRUMENT RECORDED APRIL 30, 1993, UNDER RECEPTION NO. 2331072. • • Property Information Binder CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this Binder mean: (a) "Land":The land described,specifically or by reference, in this Binder and improvements affixed thereto which by law constitute real property; (b)."Public Records";those records which impart constructive notice of matters relating to said land; (c) "Date":the effective date; (d) "the Assured":the party or parties named as the Assured in this Binder,or in a supplemental writing executed by the Company; (e) "the Company"means Old Republic National Title Insurance Company, a Minnesota stock company. 2. Exclusions from Coverage of this Binder The company assumes no liability including cost of defense by reason of the following: (a)Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. (b)Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. (c)Title to any property beyond the lines of the Land, or title to streets,roads,avenues,lanes,ways or waterways on which such land abuts,or the right to maintain therein vaults,tunnels,ramps,or any other structure or improvement;or any rights or easements therein unless such property,rights or easements are expressly and specifically set forth in said description. (d)Mechanic's lien(s),judgment(s)or other lien(s). (e)Defects,liens,encumbrances,adverse claims or other matters: (a)created,suffered or agreed to by the Assured; (b)not known to the Company,not recorded in the Public Records as of the Date,but known to the Assured as of the Date;or(c)attaching or creating subsequent to the Date. • 3. Prosecution of Actions (a)The Company shall have the right at its own costs to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein assured;and the Company may take any appropriate action under the terms of this Binder,whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. (b)In all cases where the Company does not institute and prosecute any action or proceeding,the Assured shall permit the Company to use,at its option, the name of the Assured for this purpose.Whenever requested by the Company,the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding,and the Company shall reimburse the Assured for any expense so incurred. 4. Notice of Loss - Limitation of Action A statement in writing of any loss or damage for which it is claimed the Company is liabile under this Binder shall be furnished to the Company within sixty days after such loss or damage shall have been determined,and no right of action shall accrue to the Assured under this Binder until thirty days after such statement shall have been furnished,and no recovery shall be had by the Assured under this Binder unless action shall be commenced thereon with two years after expiration of the thirty day period. Failure to furnish the statement of loss or damage or to commence the action within the time herinbefore specified,shall be conclusive bar against maintenance by the Assured of any action under this Binder. 5. Option to Pay, Settle or Compromise Claims The Company shall have the option to pay,settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Binder, or to pay the full amount of this Binder.Such payment or tender of payment of the full amount of the Binder shall terminate all liability of the Company hereunder. • MART Cover Page 1 of 2 6. Limitation of Liability- Payment of Loss (a)The liability of the Company under this Binder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth,but in no event shall the liabiity exceed the amount of the liability stated on the face page hereof. (b)The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorney's fees in litigation carried on by the Assured with the written authorization of the Company. (c)No claim for loss or damages shall arise or be maintainable under this Binder(1) if the Company after having received notice of any alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or(2) for liability voluntarily assumed by the Assured in settling any claim or suit without written consent of the Company. (d)All payments under this Binder,except for attorney's fees as provided for in paragraph 6(b)thereof,shall reduce the amount of the liability hereunder pro tanto,and no payment shall be made without producing this Binder or an acceptable copy thereof for endorsement of the payment unless the Binder be lost or destroyed,in which case proof of the loss or destruction shall be furnished to the satisfaction of the Company. (e)When liability has been definitely fixed in accordance with the conditions of this Binder,the loss or damage shall be payable within thirty days thereafter. 7. Subrogation Upon Payment or Settlement Whenever the Company shall have settled a claim under this Binder,all right of subrogation shall vest in the Company unaffected by any act of the Assured,and it shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Binder not been issued.If the payment does not cover the loss of the Assured,the Company shall be subrogated to the rights and remedies in the proportion which the payment bears to the amount of said loss.The Assured, if requested by the Company,shall transfer to the Company all rights and remedies against any person or proprty necesary in order to perfect the right of subrogation,and shall permit the Company to use the name of the Assured in any transaction or litigation involving the rights or remedies. 8. Binder Entire Contract • Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Binder. No provision or condition of this Binder can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary,an Assistant Secretary or other validating officer of the Company. 9. Notices. Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111. 10. Arbitration Unless prohibited by applicable law,either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Issued through the Office of: LAND TITLE GUARANTEE COMPANY •`T1T'•., I� n 772 WHALERS WO 80525 * *Fitts FORT COLLINS,C080525 , c * t. � �,(/'cJC/ 970-282-3649 _ (1 * i * / J rm Authorized Signature • PIB.ORT Cover Page 2 of 2 • erg LAND TITLE GUARANTEE COMPANY INVOICE Land Title (i11AF.(N llf.((MIYANY Customer Reference No. Record Owner: CITY OF GREELEY Property Address: VACANT LAND GREELEY CO 80631 When referring to this order, please reference our Order No. FCC25083077 - CHARGES - Property Information Binder $500.00 • --Total-- $500.00 Payment is due within 30 days from the date on which the Guarantee is issued. If payment is not received within 30 days of that date, the Guarantee and all coverages thereunder shall be cancelled. Please make checks payable to: • LAND TITLE GUARANTEE COMPANY 772 WHALERS WAY #100 FORT COLLINS, CO 80525 • EXHIBIT P Municipalities Within Two Miles The Iverson Mine site is within two miles of the City of Greeley. Below is the City's contact information: City of Greeley 1000 10th Street Greeley, CO 80631 (970)350-9777 • . Iverson Mine DRMS 112 Reclamation Permit Application Page PI of PI EXHIBIT Q Proof of Notice to Board of County Commissioners Notice of the Iverson Mine 112 Reclamation Permit Application was hand delivered to the Clerk to the Board of Weld County Commissioners' office, 915 10`s Street, Greeley, CO 80631. Receipt of Notice: The above mentioned notice was received by: Clergy )- � - Ii Clerk to a Board of Wel ounty Commissioners Time and Date Stamp Here: ' o D • Iverson Mine DRMS 112 Reclamation Permit Application Page Q1 of Q2 . Proof of Notice to Soil Conservation District Notice of the Iverson Mine 112 Reclamation Permit Application was hand delivered to the West Greeley Conservation District office,4302 W. 9th Street Road, Greeley, CO 80634. Receipt of Notice: The above mentioned notice was received by: • W st eel Cons rvation District Time and Date Stamp Here: • Iverson Mine DRMS 112 Reclamation Permit Application Page Q2 of Q2 • EXHIBIT R Proof of Filing with Clerk to the Board of Weld County Commissioners This is to certify that a copy of the Iverson Mine 112 Reclamation Permit Application was accepted by and filed with the Clerk to the Board of Weld County Commissioners. Certification: j /- Weld Co ty Clerk to the d of County Commissioners Dat e Time and Date Stamp Here: tzz • r =rte f'r t..J (I) Cr • Iverson Mine DRMS 112 Reclamation Permit Application Page RI of R1 • EXHIBIT S Permanent Man-Made Structures within 200 Feet of the Affected Land Following is a table listing all man-made structures located inside and within 200 feet of the affected land, the owner of the structure, the owner's address, the proposed setback to the structure from the mining high wall and the factor of safety based on that proposed setback. The factor of safety information was taken from the Stability Analysis Report prepared by Tetra Tech. According to the report, the factor of safety must be greater than 1.0. We are in the process of negotiating a structures agreement with each of the structure owners and will provide copies of the agreements or proof that we have attempted to reach an agreement as soon as possible. Structure Structure Structure Owner Structure Owner Setback from Factor of Number Address Mining High Safety Based Wall(at the on Proposed closest point) Setback 1625 Broadway, 1 Gas Well A Noble Energy, Inc. Suite 2000 100' 1.5 Denver, CO 80202 1625 Broadway, 2 Gas Well B Noble Energy, Inc. Suite 2000 100' 1.5 Denver, CO 80202 1625 Broadway, 3 Gas Well C Noble Energy, Inc. Suite 2000 100' 1.5 • Denver, CO 80202 1625 Broadway, 4 Gas Separator Noble Energy, Inc. Suite 2000 80' 1.3 Denver,CO 80202 1625 Broadway, 5 Gas Storage Tank Noble Energy, Inc. Suite 2000 100' 1.3 Denver,CO 80202 Gas Operations 1625 Broadway, 6 Access Road Noble Energy, Inc. Suite 2000 50' 1.1 Denver,CO 80202 1625 Broadway, 7 Gas Lines Noble Energy, Inc. Suite 2000 50' 1.1 Denver,CO 80202 Communication 5000 Valleystone Dr. 8 Tower Facilities TowerCo Cary, NC 27519 60' 1.1 and Access Road 9 Telephone Lines TowerCo 5000 Valleystone Dr. 80' 1.3 Cary, NC 27519 10 Electric Lines Xcel Energy 1500 6th Avenue 105' 1.6 Greeley,CO 80631 Tim D.and Jeanne 5011 F Street Ila Fence Iverson Greeley,CO 80631 40' 1.0 City of Greeley 1000 10'' Street Greeley,CO 80631 • Iverson Mine DRMS 112 Reclamation Permit Application Page SI of S2 Structure Structure Structure Owner Structure Owner Setback from Factor of • Number Address Mining High Safety Based Wall(at the on Proposed closest point) Setback l lb Trail Fences Weld County 915 10th Street 130' 2.1+' Greeley,CO 80632 12 Iverson Residence Tim D. and Jeanne 5011 F Street 145' 2.1 Iverson Greeley, CO 80631 13 Miscellaneous Out Tim D. and Jeanne 5011 F Street 125' 1.7 Buildings Iverson Greeley,CO 80631 14 Poudre River Trail Weld County 915 Street 140' 2.1 Greeley,CO 80632 IS Boyd Freeman The Boyd Irrigation 1100 10`x' St, Ste 300 90' 1.4 Ditch Company Greeley,CO 80631 'This factor of safety is based on the fact that the Poudre River Trail runs between the two trail fences and the Trail has a Factor of Safety of 2.1. • • Iverson Mine DRMS 112 Reclamation Permit Application Page S2 of S2 proposed mining operation. The following is a sample of the Notice required for Rule 1.6.2(1)(b)that you may wish to use. • NOTICE This site is the location of a proposed construction materials operation. (Name of the Applicant/Operator) Lafarge West, Inc. 11409 Business Park Circle,Suite 200 whose address and phone number is(Address and Phone Number of the Applicant/Operator) Longmont,CO 80504 has applied for a Reclamation Permit with the Colorado Mined Land Reclamation Board. Anyone wishing to comment on the application may view the application at the(County Name) Weld County Clerk and Recorder's Office, (Clerk and Recorder's Office Address) 1402 N. 17th Avenue,Greeley,CO 80631 and should send comments prior to the end of the public comment period to the Division of Reclamation, Mining, and Safety, 1313 Sherman St, Room 215, Denver, Colorado 80203. Certification: I Ray Golden ,hereby certify that I posted a sign containing the above notice for the proposed .rmit area known as the(Name of Operation) Iverson Mine , on (Date Posted) January 3, 201 1 � � lJ3 II 1 DATE d SIGIsIARE • Ell TETRA TECH October 27,2010 Ms.Anne Best Johnson,AICP Lafarge West,inc Business Park Circle,Suite 200 Longmont,Colorado 80504 Re: Stability Analysis for Lafarge Iverson Property,Weld County,Colorado; Tetra Tech Job No. 133-23511-10002 Dear Ms.Johnson: This letter addresses Construction Materials Rule 6,Section 4, Subsection 19,Exhibit S-Permanent Man-Made Structures(6.4.19,Exhibit S)for the permit for the above-referenced aggregate mine. The proposed mine is located in the central portion of Section 34,Township 6 North,Range 66 West of the 6h Principal Meridian. The site is located in Weld County,Colorado. Several aggregate mines are present in the area. Other land uses in the area are predominately agricultural and rural to low density residential. Several structures including the Poudre River Trail recreational path,a communications tower and associated appurtenances,the Boyd Freeman irrigation ditch,gas wells and associated appurtenances,fences,and a single family residence with associated out buildings are within 200 feet of the mine limits of the proposed mine area. The locations of the structures are shown on Figure 1. 0 Regional geologic mapping(see below)indicates mining will be in floodplain alluvial deposits. Borehole data (Attachment B)encountered bedrock at depths ranging from 14 to 29 feet below the surface indicating mining conditions that result in varying highwall heights. GEOLOGIC STRATA AND MINING CONDITIONS Geologic mapping by Hershey and Schneider(1972)indicates the proposed mine site is south of and adjacent to the Cache La Poudre River on the flood plain alluvial deposit known as the Valley Fill alluvium. The deposit is composed of sands,silts,and clays. The site subsurface conditions were investigated through an exploratory drilling and monitoring well installation program conducted by Tetra Tech and Lafarge. The boring data indicates the depth to bedrock along the proposed mine limit ranges from approximately 14 feet in the southeast corner to 29 feet in the northwest cornet Mining of the property will result in highwalls ranging from approximately 14 to 33 feet high. Mine highwall heights will vary with depth to bedrock. Groundwater depths typically averaged 7 to 9 feet below the ground surface. From a geotechnical standpoint,the sand and gravel will form most of the mine slope. These soils are generally strong and stable,particularly when dewatered. Minor amounts of clay will lie at the ground surface and locally as lenses within the sand and gravel. KNOWN STRUCTURES WITHIN 200 FEET OF MINING LIMITS Known man-made structures within 200 feet of the mine limits are listed below: • • Three Noble Energy gas wells(Labeled Well A,B,and C on Figure I) • Gas lines associated with the Nobel Energy gas wells • A Noble Energy gas separator Ms. Anne Best Johnson AICP illbTETRA TECH October 27,2010 Page 2 • • A Noble Energy gas storage tank • A gas well operations access road • A communications tower and associated facilities and access road,owned by TowerCo • Facilities associated with the communications tower • A private residence and associated out buildings • The Poudre River Trail owned by Weld County • The Boyd Freeman irrigation ditch,owned by the Boyd Irrigation Company • Various fences surrounding the property. STABILITY ANALYSES Stability analyses were performed in order to evaluate potential for damage to existing permanent structures due to mine highwall slope failures. Analyses were performed with the Slope/W 2007 v7.17 computer program. For each case we analyzed the most critical soil profile(s)based on exploratory boring data(i.e. the tallest highwall, thickest overburden layer,etc). The stability analyses were run in accordance with accepted geotechnical standards and DRMS requirements for temporary pit slopes summarized as follows: • Mine highwalls modeled as vertical slopes • Residual soil strength parameters used for the upper 2.5 feet of weathered bedrock • Factor of Safety must be greater than 1.0 • Groundwater levels on the profiles were input to portray site dewatering. Laboratory strength tests were not performed on soils from the site. The soil strength parameters used were based on typical values for the anticipated soils and our experience working with DRMS at other sites in the area. The input strength parameters were: Table 1 Stability Analysis Strength Parameters Material Moist Unit Saturated Unit Effective Cohesion Effective Friction Weight(pcj) Weight(pc0) (pcj) Angle(degrees) Overburden clay 114 126 150 28 Sand and gravel 130 137 0 37 Clay Lense 116 119 200 22 Weathered Residual 124 134 0 14 Strength Bedrock Claystone Bedrock 124 134 500 22 The scenarios were modeled with a general section developed from the most conservative conditions encountered at the site including 6 feet of overburden overlying 33 feet of sand and gravel. Beneath the alluvium,the section was modeled with 2.5 feet of residual strength bedrock on top of claystone bedrock. The structures within 200 feet of the mine limit are shown in Table 2. al Ms. Anne Best Johnson AICP ID TETRA TECH October 27,2010 Page 3 Table 2—Structures within 200 feet of mine limit Structure Structure Owner Structure Location Gas Wells A,B,and C Noble Energy Various locations-See Figure 1 Gas Operations Access Road Noble Energy Located along the southern and western mine limits. Provides access to all the Noble Energy gas structures Gas Lines Noble Energy Located along the southern and western mine limits. Connects all the Noble Energy gas structures. Gas Separator Noble Energy Located along the western mine limit approximately 800 feet north of the SW curser,approximately 80 feet from the mine limit. Gas Storage Tank Noble Energy Located along the western mine limit approximately 700 feet north of the SW curser,approximately 100 feet from the mine limit. Communication Tower Facilities and TowerCo Located approximately 250 feet northwest Access Road of the southeast corner of the property. Critical location is approximately 60 feet from the mine limit. Communication Tower Telephone TowerCo Critical location is near the Communications Line Tower,approximately 80 feet from the mine • limit. Electric Linea Xcel Energy Critical cal location is near the Communications Tower,approximately 105 feet from the mine limit. Fences Tim D.and Jeanne Iverson The most critical fence location is located City of Greeley along the eastern property boundary,40 feet Weld County east of the east mine limit. Iverson Residence Tim D.and Jeanne Iverson Located near the southeast corner of the property,approximately 145 feet south of the mine limit. Miscellaneous Out Buildings Tim D.and Jeanne Iverson Critical location is near the Iverson residence,approximately 125 feet from the mine limit. Poudre River Tad Weld County Located along the southern property limit. Critical location is approximately 140 feet south of the southern mine limit. Boyd Freeman Ditch The Boyd Irrigation Company Located along the southern property lout[. Critical location is approximately 90 feet south of the southern mine limit. Stability analyses were run on randomly generated circles generated through the mine excavation and highwall,as well as at the nearby permanent structures. The Slope/W program calculated the Factors of Safety(FOS)using the ordinary,Bishop,Janbu,and Spencer Methods. The Spencer factor of safety correlates more closely with observations of actual slope failure,providing a realistic and more rigorous factor of safety. On the annotated cross sections(Attachment A),the Spencer factor of safety is listed. The results of the analyses are listed in Table • 3. Ms. Anne Best Johnson AICP m TETRA TECH October 27,2010 Page 4 • Table 3 Stability Analysis Results Section Distance to Nearest Factors of Safety Permanent Structure Gas Well A 100 1.5 Gas Well B 100 1.5 Gas Well C 100 1.5 Gas Separator 80 1.3 Gas Storage Tank 100 1.3 Gas Operations Access Road 50 1.1' Gas Lines 50 1.1' Communication Tower 60 1,11 Facilities and Access Road Communication Tower 80 1.31 Telephone Line Electric Lines 105 1.6' Fences 40 1.0' Iverson Residence 145 2.1 Miscellaneous Out Buildings 125 1.7 Poudre River Trail 140 2.11 Boyd Freeman Ditch 90 1.4' i -Only the closest structure location to the proposed mine highwall was modeled. • The minimum setbacks are equal to the distances in the table above. All FOS are 1.0 or greater. Mining, following these minimum setbacks,should not pose a hazard to nearby structures. LIMITATIONS Our review is based on regional geologic mapping,present mining plans,exploratory boring data,known structure locations,and stability analyses using typical soil strength parameters. Should the mining plans change, subsurface conditions vary or structure locations differ from those portrayed in this letter,we should be contacted in order to re-evaluate the potential affects on man-made structures. Please call with any questions or comments that you might have. Sincerely, TETRA TECH as Jeremy Deuto,P.G. Gary Linden,R.G. Engineering Geologist Project Manager JD:em Attachments: Figure 1 Attachment A Attachment B • P 21511 133 23511.10002 Deliverables DRMSWpplaabon Package Stability Exhibit Iverson Stability Analysts Loner 10.25.10 doe EiTETRA TECH REFERENCES Hershey, L.A. and Schneider,P.A.; 1972;"Geologic Map of the Lower Cache La Poudre River Basin, North-Central Colorado";U.S.G.S.Map I-687. I ( � X 1;9 "'":-Z:-',_ . ',., MININ3 O Z. LNAITS `i - vt' : NERsgi .. PROPERTY f ::::\ Ry BWNNWV .. �kE v�11Er thlI g < Gask£LLA z -,24i-ii:ITITI:ii 0 K 4 ti, vF:: ₹"C `dTs i i'r y}o f t `4 to cc cc aaa55y�� +` R-,c% sts Z .e yME i !_�yPty fiY k o ce ur ib• ~ t ) '�. K ,.--.;-:.:',I.', 4 ' {.0...... M1TB$F TELEOYRIO I �{ I7 .,- s firn1Ed Ems,« `4* sEPNuTQIR r' AI:�ASG�$5 - i '1 3 'itELLB A&UNEYO BB"-'4';',.'..: ',..1' 7,:::.:,.: P(N 11R o ft f It NOLCCAWO k Tr k r AI a0 200' 400' a}vx`+ X S>s ONE. 11 o, 9' "•,,,� o } TM4t s z 1'�k x o LEGEND 'z 6 ca1B ‘x'\ y, _ %.:,---- '177V,,,' a ,Ti TY. OA40PE' ma waL �i:: a BORINGS BY Yv AGCEes-.., T3�r " . E LAFARGE 1' i'..V., ce ui HOYO FRBBMANI v... m MW-1 MONITORING a `- '..� IMP` v' A dtT4H . 'f WELLS BY Ttt-. �"' . � , vw�E "i,, { My ui TETRA TECH ,L,._ t₹ ,/ FeNcE9 *y - rrj' �" ` It ra o al N a a. 2 LAFARGE WEST,INC. Project No.: 133-23511-10002 i_ LID El TETRA TECH IVERSON MINE Date: 10.20.10 - Designed By —w.tetra a n.mm S POW PERMANENT FIGURE r ID 19005 SUNSET STREET STE 1-F STRUCTURES CI WI SHTHIN 200ING'POE FR MINE LIMITS 1LONGMONT,COLORPD0 0 -72 PHONE (303)772-5282 FAX (303)712-]03980501 I.a Bar Measures 1 inch 0 ATTACHMENT A SLOPE/W CROSS SECTIONS • Yo _le 0 > O CD a v- C9 a c a a) a C M a C M N a 70 g O r o (6 r a 7 r O 7 r a CO O _ lf) -o >. L 1f) C L O m L r ® L O 4 • M CA C () C > C N O) C U >>y O ° c1) O O ° U >>m O ° [L' m O ° m > y N m r-- m > co O > m it Y a C O a CSCOC co C O .C co C O .C �' ZDU0- zDUa ZDOCL ZDUa I • Mil r• / / / I I / I I I I } a i 0 I I I F , U, I a) I IL I • In. T- . .is I , I o N w I 8- to CO I ra I cd I O CO o0 I U O f v I co I L $ o 2- I U I U co v CCU m m 0 as O) el 13 c o 0 CS m - (7 N a a 5 w X 0 9 r `B m .4' y °' ,_ > di a (5 to o N CO N O O O O C O C r (1) 0 d r0 N U r" N CO M 01) 1 C• 4) iii -- r• in el J V N NN- CO CO � to 0 LO O N O r r 0 0 LL co. CO co. CO CO (O co co co co. co. co co. co. (000i, X) (4) uoilenal3 U YUU O > O tU N U U U m a ,,._ C0 a c a v-- a a) N m 0 ` O asr a mrN- O r a O In 13 >, L In 'C L O a) L r 8 4.; O cU O C N O > O . . O . .• 6 � 8gi N � a- M ai NN � � 8r E C 0 L cc o C o cocoa' co C o L E C o L ZDUd ZDOCL zDOQ. zDOQ i i I o c0 .I re - .—. • I I I o 1 , I I I I I o I / , illi a I 0 i_ .+ / Cl) 1' w i COam O Cl) a ;�, 4.- , o 0 CC O N CO O � o to 0 J It Q i C) co / 0 ' o C :n 011 1 i CO co Ce 2 ti a N I a d / o o1 o Q r C C I t 0) r as 4 o cc L N I Q' QI co co 0 U) 0 TD CU O I M O a I I tsi O N C I 0 I. o II V AI M N M r O CZ r L V CO I- 1 0 co Ow- 1 j Q LO 0 LO 0 o 0 LO 0 Ln o cn o LU o o a J U CD Cn CO CO N- N- CO CO IC) d d' CO CO NN CO CD CD CO CO CO CO CO CO CD CO CO C0 CO (0 CO (0001- X) (jj) uoi1Bnei3 To YU O m a t° t t 1 'c� (� a a0i a m a T get) a cM '_ co EN o f0 ��j '~ r O co r aa n r O O i-- a � L � CLO 5 r 8 � o Z• •r_+ t. r_. +_ co c O L c0 c O L cB C t c6 c O ZDOtl ZDOCL ZDOO. ZDUa i I O c0 1 ri _. . 1 • / / o / L.O / / / / / / O i `t I rr a. r 1 o it r / M , n u) RI i a Cl) I o O 4- I CV C/5 O 1 E O ico V I LL I _ o r `. X a w C I O c0 i co C O / • O cn i o - lb. 0 ca co I v I a o o -I I o I CURS I - P. .. I 'I- g I cn (> I 2 o X In I Z1C I _ -�� ._ . I NOW J 1 o) .0NCO ≥ 4-a Ct 1 0 CO O I C I I o 1 O c o N O I Lii) I r ≥ O I I CD N ' Cl) a Co r r DI MI r s.. u 0 I ;jr I O co III Lo cy CO U In O In O In O IC) O In O In O In O in o d C) O) CO OD I` N- CO CO LO In 4:1'' CO CO N N (O C0 CO CO (0 (Co CO CO CO CO CO (O (O (O CO CO 4 4 4 ect 4 d 4 d 4 4 d d' 4 d d 4 (0001- x) (4) uoi1BneR v 2 > o o ma 4- 0a .«- a) a oct a soN � P. co a m ,� � o r o CO co a r sa ° m r a Co m • e CO CD E > am E aa) a E 0 'a) o ° Cn a3 o ° O '5 o ° IY 'a5 o ° • a � � N o � -(I), M a; P a) t � E .c ._ E : s . . E -- s ._ E : r ._ co o = co o = moos rncoE Z D O a Z D O a Z D O a Z D O a I 1 O co r SIM J , 1 0 i `U J Cl / d ® / / O J fI Ti / a) J 'u= / ' , / co Co I co , I a) a I o I In i N O M I 43 0 I y • I �� Q C j a O W CO I CI) I Q) ' 4 r 0 N O I C i t co Cl)co 1 .4-1 6 O 'U co a M i V L Co r a it c o I ' I o 1 r i 'a 1 0. 5 a) L I 2 O i CL a-+ Las I a O M I (. 1 n s. Co f CD a) Ia) El (f) + ≥ CO o N 0 1 co o O co I i N V I O C O Q = I r CD L 11+ I O Coto _ a) i c ' co I co a) 1 r 1r CO I r Wu9 a Co '= ,-' In J V LC) o LU O In O to O LOO I C) O In O LO O ' a G") CO CO N.- 1` CO CO Li) Li) d' M CO NN CO (O CO CO CO CO CO CO CO CO co CO CO CO CO CO ( 000 . X) (4) uoQanaIB Y Y > 8 N t U - 4- CO a w- O a c a N 0 a we, .� a ) w- Or0 cast Q P. 7T— a• a3 cr, . . 6 > 8 N a 8 M a 8 N N > 8 7- C O L co C O L co C O r cc C O s ZDUd ZrO0_ ZDU0_ ZDUa 1 1 o I co t r O / Lc / / r r • r ✓ O d d Cr) r r / 1:OO°- e /J/ O f/ MII1IO1N I I r• I . . I �� 0 r ‘3/4-5:4-10:9 ) W U �' O I C v _ o U) a)En_CO p LL I Qom. WO I c I i O U I _ -IC I a. a C 03 5 H c O CC CDCu I CO a) I 0)' •o Cu - i _ to > . o a) al 4 M ogi cn 0 I p c ' I o c I ` O I •_ o 7)> O } I' co - ID M ' Cl) N M d — r Cn w r I O w I 1j LO N a in o cf) o up O in to O LO O to O LC) O J U O) O) CO ao N- N- CO CD to to cr `Cr M M NN a CD CD CD CD CD CO CD CD CD CO CD CD CD CD CD CD (000 I, x) (4) uoRBn0IB o > 0 1 > 2 N ' 'a m a9- 0 a C Qv- a) a O �Yc 01 a '0 ~c en co r t CO a m v-0 0 r 0 in a > i scp ` t in C O t O C a C > O C O OE V 0 .0 ° (0 a) o ° Q o o ° O o ° el; win N el; ai M 6 a N hi a E _c E : � Er, _c E : � E co c o r cu c o r ca c o :c co c o n ZDOCL ZDOa ZDva ZDOCL O CO 1 / CD i /r tI / • / LC / I / I / O / 71' t /� N N / u- I/ co co / (A / N f a f 2 I � I O N 1 0 f if_)N r I > r I • IS is I 1 - f X W 1 Co I I O O I C a)I CD L v 0 iglid V I O W v LL I co cn 0- L c / C w 0 >+ 3 vI O 0 1- D + i •Q � C o i U) , to •0 O I 2 CC C tits N • in CI N V f ga)) L C I -o 4 = I ca > E i > I O iv a C OI M O U I A > C CD I I o II Q p I r mac •_ A O Le) in 00 5 co W r II i LtoaV r V I r .0 - 4! l it Ilk 1.9 o 10) O IC) O IC) O IC) 0 IC) O LC) O IC) O IC) O O) O) CO 00 t- t` CO CO LC) IC) •i' 'Cr CO CO NN (O CO CO CO CO CO CO CO CO CO CO CO CO CO Co CO (0001, X) (4) UORBn8IB o 0 2 > T O D U U V U b C7 a u- a4- a) a i a) d Et. 'a N. O O Q m it CO 00 ea r a m • - c) j Cl) I _ •-_...c. _ _ ` • N - in • O O L O 4 O C O O C O C O C I O N ,O ° CO O O ° O O O ° a) O ° I iii CD CD r E :• L ._ E t ._ E s ._• E = .c • • ca C O L ca C O t ca C O .O ca C O t ZDOO ZDOQ. zDUa ZDOO 0 Co r / / / 0 / / / co r .1 / if o 1 / / 'n / a) / CC I , / O / M @ { V) I a) t a I O I V) I N 0 Ma) r • 5%CD c xx I O W 'I) I a) 1.1 I 0 Co O C CD O 1 I .4_s 11) a) O _ co CU I O 0 LL I I co C I 0 I 0 •-•(-73 00 1 — r- - 1 ' a i a 5 cn C I 2 cc c f o 0 d J I CV w p o Iin .- t n i a I . W. �aa) 1 w l- I Co Ci Co i4-400 _ u I O O C 1 1-4 6. O, I1-4 aI `m' 4 C co > O I `T (- 1- O co Cor I �- ' O I r '_ I ; O co . ►n o ' to o to o u) o Ln 0 u) 0 ►n o to o a O) O) 00 CO Na N- co CO In to 'CrCO Cr) NN CO CO CO CO CO CO CO CO CO CO CO CO CO CD CO CO (00010 x) (4) uoRGneo i • ' .- i r. / / / I / / / / C) /T) U U 4- tt / N O a a) a. co m 4t / a C M N 7 N 3 RI a To M N /O / in C L O a) L `- to L O / E as O) C > O C a) a) C / a ° co .5 O ° O 'S O ° CC .— O ° { a) N • •a) > N M a) > a) N a) > a) r- I O a m C O n a) C O L a) C O L I O 0 a Z00. z D O a z D U a I I I I /� 0 / / / 1 I p ti N 4 ci I LL III a I .a I O (0 m I a) I a. _O I co C I _ a a) 1 to cO I w Ni- e 3 I C W 4) i I ...a-.....a-..I 0 P RI I C al V) N I a W0 V �C1 O I11) L ca c 8 cu — 03 3 a O CO) co U 0. a m O a Q Q C im 8 O I N a o en C CO cc c a CIE o .- E a C 0 a`) •— ? a� coa p ° Coo O 0 0 Cl O Gr i. .. to 4) .1.► r p N .� y c7 0 M illco m I._ a .. r co r 7., M I a AIL N MI I- N- ON- CAD (0 O t0 lf) O M 0 in 0 LO 0 T O 0 d .J V co. c0 c0 co. co. co. CO co. cp co. co co. co. (000 I, x) (4) uoi1enaI2 :Cil To U 2 an d O Q a 4_ o Q a) ,zt a -a CO Q m O co O (n � a m , O M r fl. I L C r O a) `— to O co a) E co a > a a) Oc O a) o ° a) o ° O a) o ° a) o ° • CD N ci ._ M ai ._ N ai . E t .c ._ E t E --- .c E t .c . co c o E co c o .E co c o c co c o E ZDOQ. ZDUd ZDOCL ZDUa 4 1 i I of o co f ....I / o I I I I I I i o I ,. I _ I U) a) / I I o c I m / •- / U) a) a O / _ O --c- / N O is U / > . - o f/ I Wm- X I — O I r `� W . t V a TI" I C . . Ia3Cl)) S. l o V) co C CO s co O 0 1 o to p I O co o 1 J ca a. u. 1 g i co 0 icC •_ I O O ▪L. A II C. 1 cn w in II a � Co in a) a) I a) 1 O O is Q'03 C i cc) N u 1 o O I C O O C i en _ •— O ,-CD 4-1 O 'I' Cl) co '0^ M MI i r S .2 O co ' J U LC) LC) O LO O In O LU O LO O to O LU O 0) C) CO CO N- I- CD CO LC) LO It it CO M NN CD CD CD CD CD CD CO CO CD CD CD CO CD CO CD CD (000 i- x) W) uoi18na19 o m 1O > �p CO p .— N 3 C7 Co. c a N CO a m a 'D ti r V cp a v w o suel a N co) y O 7 r N i 0 N O a in a U m O (n >N O O 'N O_ IX 'N Oy_ ° N > N N a N M N N a •m 7 @ c o L co c o E N c o L co C O t ZOO.. Z D O a Z D U d Z D O a r` / / / / / i f _ I NI / a) 0 1 I I I I I co I I ' I I I _ o I ~ ti I o I it• 1 cop U, I 1 F a 'c 0 I S vi I > N 1Iii V) I Q) .3 M o I O CP L. I N m co as ea Cu. a c 0 tn 8 - o 0 N a 41 Qi V Cl) C 2 4) CC 'O 0 .VI o 2 3 C — CO N 000 et 0 wpd w N Co ≥ 0 00 C 1 .-- 0 C r L .� a r V a) r 0cv co 1 i M a to c) • Q. r 4) _CD i 43 c `- O r `Z `' I N 10 m = 1 CO J U , 0 0 U) o 0 O 0[) 0 0 0 0 O 0 O IC) O ' & N-- N- (p (D U) LC) d �t co M N N r r 0 0 CD CD CO. CO CO CO (p CD Cfl (O CO CD CO CD CD (D 4 4 d' 4 4 4 4 4 4 4 d 4 4 4 4 4 (0001- X) (4) UOITena$2 I YU To =YY8 m o w O U 0 aC7 a c a y m a CD ct a ,� a w o cc) o m � a ENo � � a • O •j o a) _c p N C N C > C N O C O .I O ° � m O ° 0 -6 0 ° CC >>W O ° m > m cc: m p�j M m CD N m > w. «. ... cco c o t cocoa cO C O t c0 c o .C ZDUd ZDUa ZDOa. ZD0a. , ._. J i / / / J / / / / / I ti / • `-I• i I 1 I C) CY) I 1 1 1 a I CC 1 1 1 1 _ O 1 0 I — 1 it. • 1 co Z•co 1 — 1 m 1 1 1 c O 1 -- t 1 > N. t r t as' 1 ^ W CD CU I In 0 O 1 I a cri 0 0 — 0) V — 0 ea a Co I.L. a c O Y 5 N Ti. a VIg Cco _ 2 m° 0 '— cc o m 8 rn .a c Ev = O A 0 m O CC CA O N +• CO Z Li o C I co o O C . r 0 V O M • C)W 4.1 N S (1) M Co 01 • to ID MI w .CO ` - Cj C.) to 0 to 0 Lo 0 to O Locr) o to o 1O O V) O ' CO CO W CO CO C (P (0 (00 c(D. c(P, W cfl CO ((0 cD a q e. d d' . d' 4 d' v �. d v v d v (0001, x) (4) uoiQena9 I YU ;J V o O U 1 ,_ (3 a m a 9 m n. ca q 0. C M `- P d t6 0 7' O (a r m Q N 7 r- to m r- /1 -20 • • Q = If) C Ea O d L r 2 c) D O ° ( 0) O ° ° Z 0 ° C >0 O ° N a) M 7 a) N N > r k Soo_ ZDUn. . ZDOO znUa c I s- - - I I I I I I I I I I I 1 I I I I I I II IN O • / 0-) I I I I 0 CO I I I I I 1 0 I • / It I CD Cu 0 It II co m 1 0 1 CO 1 0 y8 1 to d) r I N I a ..----- X • I ,s 1 >, (d _' I V co O c I I CO COm 0 1 M - as Ii 0. c 0 .1-73 O 0 .( — N .a is a 1 co O 0 te r N N a • ' co = soL `d) 6 p 0 9 N N a.I I O N C I o L . c`0 I O to V I- I r C7 a) PoI I N • 1 (0be Ien C ) I r 1 En 0 v i I� (1n Cn .L Cl- N N J V to 0 to 0 to 0 (0 0 to 0 to 0 to 0 to 0 � I-- N- (O (0 U) to 8 d M M N N r r 0 0 d (0 (0 (0 (0 (0 co c0 cfl co co (0001, x) (g) U0QBAB99 2V Y U > 2 N El 4- CO Q w- Q C Q a-• 0> Q N O N m 'D ti � Q d' C M C M L N (0 M 1-6 O r o (O r Q = r Q.O m r >+ +. in C O G> t r c O (6 C (0 a) C > a C N C 0 a) .O ° co 0 O ° O >O O ° C2 >O O ° 0 N > N N N M O > ?> N N ? -fp r (0 C O .C (O C O L (0 C O _C cu co O ZDUa ZDUQ_ ZDOQ. ZDOC I I i o Ico -9 I / / o / LO / / / d. / / / Q fa) ► I P ► o a m I can I 0 ► cn f o C ► N O d' I > • gr- , , s I 0 w O o 4" CU 4 Co I 0 U m O I C c ) L I (C3 m ► �... m v I O .� Y tCti i i O a ,I cO .C I o 2 0 i r Q. O F 5 2 RRI 0 ct E / O 0 fV ii)C) r Z1 it i Lst CO r / .I V � /.� O p r/ o 0 O CO CO (0 r ch o O C i E o O C ' r L.tN O 't r • O O t �t N CD CO ! CO 1 Cl) ! M d ! F— (a) ! r O) CIt r V A M '� O LL, J V O O � O LO O la O 1O O len O un o In o a a) O) co co N- N- CO O U) up 8 8 M CO NN CO CO CO CO CO CO CO CO O CO CO CO (O CO ( 0001- x) ( ) uo!IeneI2 • ATTACHMENT B DRILL LOGS Tetra Tech LEGEND 1900 South Sunset Street itLongmont,Colorado 80501 • Telephone:(303)-772-5282 Fax:(303)-772-7039 CLIENT Lafarge PROJECT NAME Observation Wells,35th Avenue Pit PROJECT NUMBER 133-23511-08005 PROJECT LOCATION Iverson,Brown,and City of Greeley Properties LITHOLOGIC SYMBOLS SAMPLER SYMBOLS (Unified Soil Classification System) XSplit Spoon • CL: USCS Low Plasticity Clay / ' SC: USCS Clayey Sand , �.. sm: USCS Silty Sand SP-SM: USCS Poorly-graded Sand with Silt SW: USCS Well-graded Sand WELL CONSTRUCTION SYMBOLS O Capped Steel Riser Over Top of PVC,with CLAYSTONE: Claystone Lock SANDSTONE Sandstone c q c :c Cement Seal ..,., o S < • ? Bentonite Seal 0 0 o Grade 10-20 Sand Filter Pack a o A A Natural Caved Backfill o Q I t: t, c-. 1"..?..+ + Natural Caved Material rry X2" I.D. Schedule 40 PVC I = 2" I.D. Schedule 40 PVC,20 Slot Pipe ABBREVIATIONS Water Level at Time o - Drilling, or as Shown Water Level at End of 3 - Drilling,or as Shown Y Water Hours,Level or as After Shown24 • 0 z u Tetra Tech WELL TT-MW-01 1900 South Sunset Street PAGE 1 OF 1 Longmont,Colorado 80501 Telephone:(303)-772-5282 • Fax:(303)-772-7039 CLIENT Lafarge PROJECT NAME Observation Wells,35th Avenue Pit PROJECT NUMBER 133-23511-08005 PROJECT LOCATION Iverson,Brown,and City of Greeley Properties DATE/TIME STARTED 12/15/08 11:00 COMPLETED 12/15/08 12:45 GROUND ELEVATION 4692.3 ft HOLE SIZE 8" DRILLING CONTRACTOR Drilling Engineers GROUND WATER LEVELS: DRILLING METHOD 4.25"I.D.Hollow Stem Auger a AT TIME OF DRILLING 9.00 ft/Elev 4683.30 ft LOGGED BY J.Deuto CHECKED BY G.Linden AT END OF DRILLING -- NOTES Iverson Property,Clear cold,0 deg F .7 24hrs AFTER DRILLING 6.49 ft/Elev 4685.81 ft COORDINATES 519972.64476801.5 WELL DIAGRAM w w j vi U Casing Top Elev:4694.9(ft) w r -1 2 O ¢ Cl a H; Q O MATERIAL DESCRIPTION ❑ gz mOz • O Stickup 0) 0 SAND:medium dense,moist,dark brown,fine to coarse grained, 4' 4. Concrete clayey,organics,(SC) SC - u 3_3-4 46878 Bentonite a 5 X SS (7) SAND:medium dense,moist to wet,light brown to tan,fine to coarse grained,well graded,some silt,gravelly,(SW) - - - - K a ! b0X55 71011 • a SW o_ a rc o- - om 15 Natural Cave 0 0 - 0 n 20 .'. 20.0 4672.3 CLAYSTONE:hard,moist,gray,sandy N SS 35-50/3" 22 g 4669.5 Bottom of borehole at 22.8 feet. ow 0 0 a a N J 0 F U, F z a a W • W F Tetra Tech WELL TT-MW-02 IV Long South Sunset StreetPAGE 1 OF 1 Longmont,Colorado 80501 Ill Telephone:(303)-772-5282 Fax:(303)-772-7039 CLIENT Lafarge PROJECT NAME Observation Wells,35th Avenue Pit PROJECT NUMBER 133-23511-08005 PROJECT LOCATION Iverson,Brown,and City of Greeley Properties DATE/TIME STARTED 12/15/08 13:00 COMPLETED 12/15/08 14:45 GROUND ELEVATION 4690.7 ft HOLE SIZE B" DRILLING CONTRACTOR Drilling Engineers GROUND WATER LEVELS: DRILLING METHOD 4.25"I.D.Hollow Stem Auger AT TIME OF DRILLING --- LOGGED BY J.Deuto CHECKED BY G.Linden AT END OF DRILLING -- NOTES Iverson Property,Clear cold,-1 deg F 7 24hrs AFTER DRILLING 6.12 ft/Elev 4684.58 ft COORDINATES 520157.92 4476801.5 WELL DIAGRAM W a x o_W F j lii w W Casing Top Elev:4693.5(ft) w E J O Q 6. i-w o-8 MATERIAL DESCRIPTION o a-D mO> w IY—I Stick up z Oz Ln Q m 0 CL �V CLAY:medium stiff to stiff,moist,dark brown,sandy,(CL) A l 4• Concrete %3.5 'a 4687.2 Bentonite oIr <; SAND:loose,moist to wet,light brown to tan,fine grained,some silt, a 5 SS 1-2-3 ..'.�:.\ to silty,(SM) i (5) Vii- r10-20 Sand SM a o a rc S • J a 10 SS 1(6)3 : o . 11.0 4679.7 z SAND:wet,light brown to tan,fine to coarse grained,well graded, e some silt,gravelly,(SW) 0 Natural Cave O a O ca 0 15 SW o a o 0- 18.0 4672.7 in WA,.. CLAYSTONE:hard,moist,gray,sandy SS 31-50/2" ./ 19.7 4671.0 Bottom of borehole at 19.7 feet. a r O O 5 N 0 0 a a z l7 Q K in W C7 WW W • Tetra Tech WELL TT-MW-03 jl 1900 South Sunset Street Longmont,Colorado 80501 PAGE 1 OF 1 Telephone:(303)-772-5282 Fax:(303)-772-7039 • CLIENT Lafarge PROJECT NAME Observation Wells,35th Avenue Pit PROJECT NUMBER 133-23511-08005 PROJECT LOCATION Iverson,Brown,and City of Greeley Properties DATE/TIME STARTED 12/15/08 15:00 COMPLETED 12/15/08 16:00 GROUND ELEVATION 4688.3 ft HOLE SIZE 8" DRILLING CONTRACTOR Drilling Engineers GROUND WATER LEVELS: DRILLING METHOD 4.25"I.D.Hollow Stem Auger V AT TIME OF DRILLING 6.50 ft/Elev 4681.80 ft LOGGED BY J.Deuto CHECKED BY G.Linden AT END OF DRILLING -- NOTES Iverson Property,Clear cold,-5 deg F 7 24hrs AFTER DRILLING 2.92 ft/Elev 4685.38 ft COORDINATES 520265 4476923.57 w WELL DIAGRAM o_ c w 1N-D r/? (I)L9 Casing Top Elev:4690.7(ft) 1:1_t 02-1 c3-0 _,>•C N 1—> Q O MATERIAL DESCRIPTION aZ mOZ O• 39 Stickup rn CLAY:medium stiff,moist,dark brown,sandy,trace organics,(CL) Bentonite _ CL SC - 2-3-7 5 X SS (10) 6.0 L% 10-20 Sand a ( 4682.3��.'. Q SAND:moist to wet,light brown to tan,fine to coarse grained,well - - graded,some silt,gravelly,(SW) z 10 X 3S 7-15-28 • \ (43)( SW Natural Cave N_ • •• 14.0 4674.3 15 CLAYSTONE:hard,moist,gray,sandy o o a SS 14-27-48 _ X 75) 4669.8 Bottom of borehole at 18.5 feet. k- 0 F N I Z_ U W • Tetra Tech WELL TT-MW-09 1900 South Sunset Street Longmont,Colorado 80501 PAGE 1 OF 1 • Telephone:(303)-772-5282 Fax:(303)-772-7039 CLIENT Lafarge PROJECT NAME Observation Wells,35th Avenue Pit PROJECT NUMBER 133-23511-08005 PROJECT LOCATION Iverson,Brown,and City of Greeley Properties DATE/TIME STARTED 12/15/08 09:00 COMPLETED 12/15/08 11:00 GROUND ELEVATION 4688.6 ft HOLE SIZE 8" DRILLING CONTRACTOR Drilling Engineers GROUND WATER LEVELS: DRILLING METHOD 425"I.D.Hollow Stem Auger AT TIME OF DRILLING 5.00 ft/Elev 4683.60 ft LOGGED BY J.Deuto CHECKED BY G.Linden AT END OF DRILLING --- NOTES Iverson Property,Clear cold,-15 deg F 7 24hrs AFTER DRILLING 3.27 ft/Elev 4685.33 ft COORDINATES 519767.6 4477537.6 w WELL DIAGRAM a = Y rq w N w J O Casing Top Elev:4690.7(ft) ., W03 � a U WW mo fit W O a N 4 w 0-p MATERIAL DESCRIPTION aO03O> Stick up 2 0z 3 0 SAND:moist,dark brown,fine to coarse grained.clayey,organics, A A Concrete (SC) SC _ Y 3.0 4685.6 SAND:dense,moist to wet,light brown to tan,fine to coarse grained, - well graded,some silt,gravelly,(SW) a5 X SS 15-227-16 3) 4 • Bentonite 0 rc • J- 10 K _ O Z tt w 15 I:: SW 20 Natural Cave 25 H 0 a 0 F 29.0 4659.6 SANDSTONE hard,moist,gray,clayey u 30 a ,y ttttt: Ca- ->c _ 50/5" 314 4657.2 • w Bottom of borehole at 31.4 feet. 0 w a rr • LAFARGE MEMORANDUM Date: January 26, 2004. To: Eric Reckentine CC: From: Greg Griffith J Subject: Northern Due Diligence- Iverson Reserves Jan 2004 `34, J On December 8th and 12th 2003, the Iverson property near CR 31 and F Street in Greeley, Weld County, CO was drilled with a 6" hollow stem auger and sampled with a 2" continuous sampler in the lead auger to assess its sand and gravel reserve. Ten (10) holes bre drilled and are illustrated on the attached map. The area of the property is approximately cres. A mineable parcel was created by offsetting a line approximately 100 ft from the bank o he river, as well as, staying off 25 ft from either side of gas pipelines located in the southwest corner of the property. • Parcel 1,which is approximately 47.7 acres, is the total mineable area of the property except that area under the gas lines. Parcel 2 is approximately 1.8 acres and is the area under the gas lines and could be mined if the gas lines were relocated. An average sand and gravel thickness of 17.4 feet and an average overburden thickness of 4.5 feet were encountered throughout the property. The volumes for overburden and sand and gravel were calculated in AutoCAD,using the drilling information. No mudseam was encountered on the property that would influence the reserve estimate. The total volumes at the Iverson property are summarized in the tables below. Iverson lmtia[ReserveEstimates _ Sand&`Gravek Overburden kludseam Volume Parcel` Acreage Volume(BCY) S&G Feed Tons Volume(BOY) (BOY) 1 47.71 1,424,631 _ 2,136,947 323,048 n/a 2 1.77 40,001 60,002 13,325 n/a Total 49A8 1,464,632' 2,196,948 . 336,373 n/a 0 m • a 0 U a� lY1 M V N o n(u 0 J E L Gn LnLLL D➢D a n nan I 0 O Q =0 0 o m o 0 o 0 o - -m m m m m m m m m m a 0 A ct Q Q N M C N Ln M N 0 C) a0000000000 Q a_ 0 O W co (N m• m o S m 288888°888n N(O 0 ,C, ma d m (6 vi <N m Z Q 45 m N E m m E4?" W 0 m a m 0 m a. . u0000 00000 0Ue f 0 0 0 0 0 0 0 . 0 L N 6 N 6[7 0 N Q lV a -c 0)N c m Fm ta • Y_ C 0 0 t C @ SC C m • 00w.-OOf MMm Q p`0/h p�j— goo a W^A O(V 6 r r M r 0 3 '6.46“6 O W Y 7N a E• L 6 4,i4 to 0 C c C mmN000 n In m mm ohm(Jm Q m (O(0 ,oNNnnni1440404 W 00(0(0 O(0 00 0(O 'H N O _ C 0 O Q P 0 0 0 P P V P )"1 '3 Y V V m• [8 m O N W°J m 2 mN000NmCJy on 70 "00 'W 1` t W m'N mt coatoo o W w m A T "0000000... V n a< v v V e V T U mM`OM0 4 O N04 cth6N O O N N m wn pOnpp ptppp pOpp .-V)0NO0to mn '' N C W N N N N N N N N 0 0 0 0 0 m m m m m Q wo 0700 0 N N m m O v p S O)W O m W m A N n00 m0 N'0 NNNN C A N N m N N O n N 08888822238 Z a a e a n n a o o a o(• nn Mm n o' 0'eC E O0)0 MO 0)00)m mm • [-lb TETRA TECH January 20, 2011 Mr. Peter S. Hays Environmental Protection Specialist Division of Reclamation, Mining and Safety 1313 Sherman Street, Room 215 Denver, CO 80203 RE: Iverson Mine, File M-2011-001, Response to Incompleteness Letter Dear Mr. Hays: We received your letter dated January 13, 2011 indicating that the Iverson Mine 112 Construction Materials Reclamation Package was deemed incomplete due to some omissions on the application form. Below is a list of each of your comments related to the form followed by an explanation of how each comment has been addressed. 1. The Division requires the Applicant to provide documentation giving the signer, Todd Ohlheiser, the authority to sign on behalf of the company. The authorization document may be in the form of by-laws, resolution, affidavit signed by corporate secretary, certified secretary statement or a notarized statement on company letterhead. Attached please find a notarized statement on company letterhead indicating that Todd Ohlheiser is authorized to sign the application form on behalf of Lafarge West, Inc. 2. The Division requires corporations to affix a corporate seal on the certification page (page 8) of the Construction Materials Regular 112c Operation Reclamation Permit Application Form. Please submit a revised, original copy of the certification page with a corporate seal. If Lafarge West, Inc. does not have a seal, either write "no seal" or draw a seal in the space provided. Attached please find a revised, original copy of the certification page containing the corporate seal. 3. The Applicant did not complete the "Signed and dated" portion on the certification page (page 8) of the Construction Materials Regular 112c Operation Reclamation Permit Application Form. The date indicated in this section must match the date indicated in the notary section of the form. The attached revised, original copy of the certification page includes the date that it was signed by Todd Ohlheiser. c16//-66 S(t Page 2 of 2 It TETRA TECH Mr. Peter Hays January 20, 2011 4. Please revise the "Applicant/Operator or Company Name"section on the certification page (page SP to indicate "Lafarge West, Inc." as the Applicant has indicated for Item #1 of the application. The attached revised, original copy of the certification page lists "Lafarge West, Inc."as the Applicant. Due to the relatively short turn-around time on the publication requirements, please notify me by email (pam.hora@tetratech.com)or phone (720-864-4507) once you consider the application submitted so that I can make sure notice of the application can be published within the ten (10)day period. Sincerely, TETRA TECH j Pamela Franch Hora, AICP Senior Planner Attachments P\13511\133-23511-IOp@\PIojMpmt\Co"espondene\ORMS\Inwmplete Applketlon Response doc p Lit FARG E �� ff AGGREGATES & CONCRETE January 20, 2011 Dear Sir or Madam: Please be advised that Lafarge West, Inc., a Delaware corporation currently in good standing in the State of Colorado, ("Lafarge") has authorized the individual shown below to execute any and all documents, including but not limited to, applications and submissions to the Colorado Division of Reclamation Mining& Safety. The authorized individual is: Todd Ohlheiser Vice President Rocky Mountain Aggregates Lafarge West, Inc. ATTEST: Steven T. Brown, Assistant Secretary Lafarge West,Inc., a wholly owned subsidiary of Lafarge North America, Inc. Date: January 20,2011 LAFARGE WEST.INC 10170 Church Ranch Way,Suite 200,Westminster,Colorado 80021 Telephone:(303)657-4000 Facsimile:(303)657-4037 Ilk TETRA TECH January 20, 2011 Weld County Via Email Clerk to the Board of County Commissioners 915 10th Street Greeley,CO 80631 RE: Iverson Mine,Response to DRMS Incompleteness Review Letter Dear Clerk: Attached please find a copy of documentation to be submitted to the DRMS regarding 112 Reclamation Permit M-2011-001 regarding the Iverson Mine in Weld County,Colorado. As required by Section 1.6.2 (1)(c)of the Colorado MLRB Rules, a copy of this documentation must be made available to the public through the County in which the project is located. Therefore, please file these documents with the copy of the Iverson Mine Application that we delivered to your office on January 3, 2011. They can be ' inserted into the application notebook behind the Application Form tab. As proof that you have received this documentation, please sign and time and date stamp below. Thank you for your assistance. Sincerely, TETRA TECH ..., 4,774,-,,,,,Acv,47._ Pamela Franch Flora,AICP Senior Planner Attachment This is to certify that the above referenced documentation for the Iverson Mine DRMS application was received by the Weld County Clerk to the Board of County Commissioners to be kept on file for public viewing. Certification: ry, The above mentioned document was received by: eyvwjLI 7 � a n.e/L l-ao--/l Weld Co&ty Clerk to the Boa$rfl of County Commissioners O — Time and Date Stamp Here: i/. ,;1 I an-_ r > k = 117_1 NJ '' P\13511\133-3351110002\ProjM{mtWom,pondence\Weld Counry\Remrd OF ling 1 20 11 doc - 8- Certification: As an authorized representative of the applicant, 1 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 structures)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/ope'ator,I do not have any extraction/exploration operations in the State of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section 34-32.5-120,C R S )as determined through a Board finding. 4. 1 understand that statements in the application are being made under penalty of perjury and that false statements 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.N-112,CR.S,,of the Colorado Land Reclamation Actfor the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to section 34-32.5-123,C.R.S. Signed and dated this 20 day of OM-Wary , ? 11 Lafarge West, Inc. If Corporation Attest(Seal) Applicant/Operator or Company ame(,:e6P _,Signed: Signed: Corporate Secretary or Equivalent Title: VP Rocky Mtn.Agg for Lafarge West, Inc Town/City/County Clerk State of C-0t-ott.. )ss. County of Q '14.C ra r ) The foregoing instrument was act•\,t O e lIficfpl sme this a day of S w^�,•.L-r • t')., «,O ,by _'C ba L d tit. M.6.-• '4q••;F,•i R' Qac. Mt..3 k ct. of o6dr; nc • / • 1 O � %• gL\G• O : Notary Pub is h� dF GOLO My Commission expires: 1 '. 1%I MY COMMISSION EXPIRES JULY 27.2013 SIGNATURES MUST BE IN BLUE INK You must post sufficient Notices at the location of the proposed mine site to clear ly identify the site as the location of a Hello