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Home My WebLink About20100064 Epvironwept, luc. LARRY E. O'BRIAN 7985 VANCE DRIVE, SUITE 205A FOUNDER ARVADA, COLORADO 80003 303-423-7297 FAX 303-423-7599 January 7 , 2010 Weld County Board of County Commissioners 915 10th Street Greeley, Colorado 80631 Re: Amended application for a Mined Land Reclamation Permit We are delivering to you here a Notice of Application and supporting documents for the Firestone Gravel Resource to be operated by L.G. Everist, Incorporated, pursuant to rule 2 . 2 . 2 (1) , Colorado Mined Land Reclamation Board - Mineral Rules and Regulations . Please acknowledge receipt of this notice by signing in the appropriate space provided below and return a signed copy of this cover letter to the person delivering it . We need to submit this copy to the Division of Reclamation, Mining & Safety as proof of our filing with you. Respectfully Submitted, Stevan L . O' Brian enclosure RECEIVED THIS `f DAY OF , t))utni-e ,/ 2010 Weld County Bo rd of Cou ty Commissioners Title � c/S / AdritG .v�t.W P 1 coL! 12C-O 2010-0064 NOTICE OF FILING FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATIONS NOTICE TO THE BOARD OF COUNTY COMMISSIONERS Weld COUNTY L.G. Everist, Incorporated (the"Applicant/Operator")has applied for an amendment to their Firestone Gravel Resource regular (112) reclamation permit from the Colorado Mined Land Reclamation Board ("the Board") to conduct an extraction of construction materials operation in Weld County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Colorado Division of Reclamation, Mining & Safety("the Division") and the local county clerk and recorders office. The applicant proposes to reclaim the land to ponds &rangeland. Pursuant to C.R.S. 34-32.5- 116(4)(m), C.R.S., the Board may confer with the local Board of County Commissioners before approving the post-mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments to the application within twenty (20) days of the date of last publication notice pursuant to Section 34-32.5-112(10), C.R.S. If you would like to discuss the proposed post-mining land use, or any other issue regarding this application, please contact Division of Reclamation, Mining& Safety, 1313 Sherman St., Room 215, Denver, CO 80203, (303) 866-3567. L.G. Everist, Incorporated. January 7, 2010 Hand Delivered 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. CHECK ONE: ElThere is a File Number Already Assigned to this Operation Governor Harris D.Sherman Pe # M - - -_ (Please reference the file number currently assigned to this operatioadecutive Director New Application(Rule 1.4.5) j-‘71.F Amendment Application(Rule 1.10) Ronald W.Cattany Division Director IIIConversion Application(Rule 1.11) Natural Resource Trustee Permit# M -1996.052 - (provide for Amendments and Conversions of existing permits) The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts: (1)the application form;(2)Exhibits A-S,Addendum 1,any sections of Exhibit 6.5 (Geotechnical Stability Exhibit;and(3)the application fee. When you submit your application, be sure to include one (1) complete signed and notarized ORIGINAL and one (1) copy of the completed application form,two(2)copies of Exhibits KS,Addendum 1,appropriate sections of 6.5(Geotechnical Stability Exhibit,and acheck for the application fee described under Section(4)below. Exhibits should NOT be bound or in a 3-ring binder;maps should be folded to 8 1/2" X 11"or 8 1/2"X 14"size. To expedite processing,please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly,in the space provided,ALL information requested below. 1. Applicant/operator or company name(name to be used on permit): L.G. Everist, Incorporated 1.1 Type of organization(corporation,partnership,etc.): Corporation 2. Operation name(pit,mine or site name): Firestone Gravel Resource 3. Permitted acreage(new or existing site): 105.29 permitted acres 3.1 Change in acreage(+) 261.41 acres 3.2 Total acreage in Permit area 366.70 acres 4. Fees: 4.1 New Application $2,696.00 application fee 4.2 New Quarry Application $3,342.00 quarry application 4.4 Amendment Fee $2 229.00 amendment fee 4.5 Conversion to 112 operation(set by statute) $2,696.00 conversion fee 5. Primary commoditie(s)to be mined: Gravel Sand 5.1 Incidental commoditie(s)to be mined: 1. - lbs/Tons/yr 2. / lbs/Tons/yr 3. / lbs/Tons/yr 4. / lbs/Tons/yr 5. / lbs/Tons/w 5.2 Anticipated end use of primary commoditie(s)to be mined: Specification aggregates and fill 5.3 Anticipated end use of incidental commoditie(s)to be mined: 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: L.G. Everist, Incorporated If 2 or more owners, "refer to Exhibit O". 7. Name of owner of surface of affected land: L.G. Everist, Incorporated 8. Type of mining operation: Surface Underground 9. Location Information: The center of the arca where the majority of mining will occur: COUNTY: Weld r PRINCIPAL MERIDIAN(check one): F' l 6th(Colorado) In 10th(New Mexico) L Ute SECTION(write number): S 32 TOWNSHIP(write number and check direction): T 3Fl North 1-1 South RANGE(write number and check direction): R 67 East V. West QUARTER SECTION (check one): rti L SW QUARTER/QUARTER SECTION(check one): ILI NE NW SE 'SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): Approximately 4.7 miles northeast of downtown Firestone, CO. Approx. Elevation 4810 10. Primary Mine Entrance Location(report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (N) 39° 44' 12.98" (W) 104° 59' 3.87" Latitude(N): deg 40 min 10 Sec 41 26 (2 decimal places) Longitude(W): deg 104 min 55 sec 23 51 (2 decimal places) OR Example: (N) 39.73691° (W) -104.98449° Latitude(N) (5 decimal places) Longitude(W) (5 decimal places) OR Universal Tranverse Mercator(UTM) Example: 201336.3 E NAD27 Zone 13 4398351.2 N UTM Datum(specify NAD27,NAD83 or WGS 84) WGS 84 13 Zone Easting Northing -3 - 11. Correspondence Information: APPLICANT/OPERATOR (name,address,and phone of name to be used on permit) Contact's Name: Dennis L. Fields Title: Vice President Company Name: L.G. Everist, Inc. Street/P.O. Box: 7321 E 88th Ave., Suite 200 P.O. Box: City: Henderson State: CO Zip Code: 80640 Telephone Number: (303 )_ 287-4656 Fax Number: (303 )- 289-1348 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Steve O'Brian Title: President Company Name: Environment, Inc Street/P.O. Box: 7985 Vance Dr. #205A P.O. Box: City: Arvada State: CO Zip Code: 80003 Telephone Number: (303 )_ 423-7297 Fax Number: (303 )_ 4237599 INSPECTION CONTACT Contact's Name: Lynn M. Shults Title: Regulatory Manager Company Name: L.G. Everist, Inc. Street/P.O. Box: 7321 E 88th Ave., Suite 200 P.O. Box: City: Henderson State: CO Zip Code: 80640 Telephone Number: (303 )_ 286-2247 Fax Number: (303 ) 289-1348 CC: STATE OR FEDERAL LANDOWNER(if any) Agency: Street: City: State: Zip Code: Telephone Number: ( )- CC: STATE OR FEDERAL LANDOWNER(if any) Agency: Street: City: State: Zip Code: Telephone Number: ( )- -4- 12. Primar future(Post-mining) land use(check one): Cropland(CR) fl Pastureland(PL) El General Agriculture(GA) Rangeland(RL) _71Forestry(FR) � Wildlife Habitat(WL) SN Residential(RS) I 1 Recreation(RC) Industrial/Conunercial(IC) Developed Water Resources(WR) Solid Waste Disposal(WD) 13. Primary present land use(check out IICropland(CR) _vs Pastureland(PL) General Agriculture(GA) I Rangeland(RL) Forestry(FR) Wildlife Habitat(WL) Residential(RS) Recrcation(RC) LI Industrial/Commercial(IC) -"Mr Developed Water Resources(WR) 14. Method of Mining: Briefly explain mining method(e.g. truck/shovel): Dozer and front end loaders remove material and load to conveyor for hauling to processing plant. 15. On Site Processing: f�' l Crushing/Screening 13.1 Briefly explain mining method(e.g. truck/shovel): Material is processed into specification aggregates using crushers, and screen plants List any designated chemicals or acid-producing materials to be used or stored within permit area: None 16. Description of Amendment or Conversion: If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s). This amendment adds 261.41 acres to the permit area. The mining methods do not change. The reclamation plan is changed to develop the area as ponds and range land. The reclamation methods do not change and the primary access remains as currently approved. This amendment increases the reserves of gravel in the mine and the life of the mine. -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(1)(b): EXHIBIT A Legal Description EXHIBH'B Index Map EXHIBIT C Pre-Mining and Mining Plan Map(s)of Affected Lands EXHIBIT D Mining Plan EXHIBIT E Reclamation Plan EXHIBIT F Reclamation Plan Map EXHIBIT G Water Information EXHIBIT'H Wildlife Information EXHIBIT I Soils Information EXHIBIT J Vegetation Information EXHIBIT K Climate Information EXHIBIT L Reclamation Costs EXHIBIT M Other Permits and Licenses EXHIBIT N Source of Legal Right-To-Enter EXHIBIT O Owners of Record of Affected Land(Surface Area)and Owners of Substance to be Mined EXHIBIT P Municipalities Within Two Miles EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Conservation District EXHIBIT R Proof of Filing with County Clerk or Recorder EXHIBIT S Permanent Man-Made Structures Rule 1.6.2(1)(6) ADDENDUM I -Notice Requirements(sample enclosed) Rule 6.5 Geotechnical Stability Exhibit(any required sections) The instructions for preparing Exhibits A-S, Addendum I,and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule 1.6.2(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 not understand these obligations then please contact this Office for a full explanation. 1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; -6- It 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; t 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; T �' I ) -Y 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office; i T 5. It is your responsibility to notify the Office of any changes in your address or phone number; 9 6. Upon permit issuance and prior to beginning on-site mining activity,you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information (Rule 3.1.12): a. the name of the operator; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, c. the permit number. )--- 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance. - 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application,as well as with the provisions of the Act and the Construction Material Rules and Regulations in effect at the time the permit is issued. . J 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 1, 1995,the annual fee is for the period of July 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as the permittee,to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. NA 10. For joint venture/partnership operators:the signing representative is authorized to sign this document and a power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application. - 7 - NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions,changes,and deletions to this document prior to final decision by the Office. Therefore,if you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what changes may have been made to the application document. The Office is not allowed to consider comments,unless they are written,and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process,you may contact the Office at(303) 866-3567. S '4'"°� t ] t, 4 !IN ic e 4 �- N-.... , C < L\ S �.' Gowan p ai., rr '‘''';." i r% t / a •L. / y-- f� o M h e ( U �r ' 0� 9 .ir4828 �i / l \ �/1 a IX; ' / z � 1 f _ / -4 t Vrrin 311/ ., �I ctoc %_`� l P � maw, •-��-)(--. it• -, 1 u iPO 4009 f D \` i / �° f NI i.,..I c ,,,f,. , HOT rOM o '9., - - - au • 14x.+',_ .r arb_ _ �e4a -_>. - - -r. Ii —1193n i - v ° Magnetic Declination / �� 'f i' •�. / itli , ,L, -_ - il , ., / i --c ii .,,,---y.." ' r, _ _ ., ,----I , _ _ _ .it c\\ \ , \,,, ._, ,_,...__,: „,..: . "Iiii' ,_ __.,--, ,l( , .1 v. 9'11'E __: r_-''. l .° 49i6 Name: GOWANDA Location: 040° 11'08.58"N 104°54'55.69"W WGS84 Date:2/25/2009 Scale: 1 inch equals 2000 feet LG Everist, Inc. -Firestone Gravel Resource Map Exhibit B-Vicinity Map rnn.rin hvrI onna nmv...,. Epviropept, Iuc. LARRY E. O'BRIAN 7985 VANCE DRIVE, SUITE 205A FOUNDER ARVADA, COLORADO 80003 303-423-7297 FAX 303-423-7599 January 7 , 2010 Weld County Clerk to the Board 915 10th Street Greeley, Colorado 80631 Re: Application for a Mined Land Reclamation Permit Firestone Gravel Resource Dear Sir/Madam: We are delivering to you here with a copy of an application for the amendment of the Firestone Gravel Resource, an amendment to a Regular (112 ) Construction Materials permit, to be operated by L.G. Everist, Incorporated. Two copies of the application are on file with the Division of Reclamation, Mining & Safety (DRMS) . This copy of the application is delivered to you pursuant to 34-32 . 5-112 (9) (a) , Colorado Revised Statutes 1995 , as amended, which states in part : . . the applicant shall file a copy of such applica- tion for public inspection at the office of the County Clerk and Recorder of the County in which the affected land is located. Please acknowledge receipt of this copy of the permit application by signing in the appropriate space provided below and returning one copy of this letter to the person delivering the book. Please hold the book for pick up after the application has been heard by the MLRB (approx. 180 days) . Yours truly, Environment, Inc . _ •fir' � Stevan L. O' Brian President enclosure RECEIVED THIS DAY OF , 2010 MLRB application for above mine. By Weld County Clerk to the Board 1 L.G. EVERIST, INC. '.I _ SAND 1 ROCK 1 1 FIRESTONE GRAVEL RESOURCE - M-1996-052 WELD COUNTY, COLORADO 1 1 Regular 112 permit - Amendment January 2010 1 1 1 I Amendment to an Application 1 for a Mined Land Reclamation Board Construction Materials Permit 1 PREPARED BY 1 ENVIRONMENT, INC. 7985 VANCE DR., SUITE 205A ARVADA, CO 80003 1 (303) 423-7297 STATE OF COLORADO ' DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources I 1313 Sherman St.,Room 215 Denver,Colorado 80203 COLORADO Phone:(303)866-3567 CONSTRUCTION MATERIALS DIVISION OF RECLAMATION FAX:(303)832-8106 REGULAR(112)OPERATION MINING ' RECLAMATION PERMIT APPLICATION FORM SAFETY Bill Ritter,Jr. ' CHECK ONE: ❑ There is a File Number Already Assigned to this Operation Governor Harris D.Sherman Pe I tI M - - - (Please reference the file number currently assigned to this operatic) Director ' L_J New Application(Rule 1.4.5) Amendment Application(Rule 1.10) Ronald W.cat any Division Director 1 I Conversion Application(Rule 1.11) Natural Resource Trustee Permit# M -1996- 052 - (provide for Amendments and Conversions of existing permits) The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts: (1)the application I form;(2)Exhibits A-S,Addendum 1,any sections of Exhibit 6.5(Geotechnical Stability Exhibit;and(3)the application fee. When you submit your application, be sure to include one (1) complete signed and notarized ORIGINAL and one (1) copy of the completed application form,two(2)copies of Exhibits A-S,Addendum 1,appropriate sections of 6.5(Geotechnical Stability Exhibit,and a check for the application fee described under Section(4)below. Exhibits should NOT be bound or in a 3-ring binder;maps should be folded to ' 8 1/2" X 11"or 8 1/2"X 14"size. To expedite processing,please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION IType or print clearly,in the space provided,ALL information requested below. 1. Applicant/operator or company name(name to be used on permit): L.G. Everist, Incorporated ' 1.1 Type of organization(corporation,partnership,etc.): Corporation 2. Operation name(pit,mine or site name): Firestone Gravel Resource I3. Permitted acreage(new or existing site): 105.29 permitted acres 261.41 3.1 Change in acreage(+) acres 3.2 Total acreage in Permit area 366.70 acres 4. Fees: ' 4.1 New Application $24696.00 application fee 4.2 New Quarry Application $3.342.00 quarry application 4.4 Amendment Fee $2,229.00 amendment fee ' 4.5 Conversion to 112 operation(set by statute) $2,696.00 conversion fee 5. Primary commoditie(s)to be mined: Gravel Sand I 5.1 Incidental commoditie(s)to be mined: 1. - lbs/Tons/vr 2. lbs/Tons/yr 3. / Ibs/Tons/vr 4. lbs/Tons/yr 5. lbs Tons/yr I 5.2 Anticipated end use of primary commoditie(s)to be mined: Specification aggregates and fill 5.3 Anticipated end use of incidental commoditie(s)to be mined: I IOffice of Office of I -2- 6. Name of owner of subsurface rights of affected land: L.G. Everist, Incorporated ' If 2 or more owners, "refer to Exhibit O". 7. Name of owner of surface of affected land: L.G. Everist, Incorporated ' 8. Type of mining operation: 1✓ Surface Underground 9. Location Information: The center of the area where the majority of mining will occur: ' COUNTY: Weld PRINCIPAL MERIDIAN(check one): IS 6th(Colorado) a 10th(New Mexico) [1 Ute ISECTION(write number): S 32 TOWNSHIP(write number and check direction): T 3 V North fl South IRANGE (write number and check direction): R 67 ri East [1 West QUARTER SECTION (check one): Dip, Er..,El SW IQUARTER/QUARTER SECTION (check one): Iti NE NW I I SE n SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): IApproximately 4.7 miles northeast of downtown Firestone, CO. Approx. Elevation 4810 t 10. Primary Mine Entrance Location(report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (N) 39° 44' 12.98" (W) 104° 59' 3.87" Latitude(N): deg 40 min 10 sec 41 .26 (2 decimal places) I Longitude(W): deg 104 min 55 sec 23 51 (2 decimal places) OR I Example: (N) 39.73691° (W) -104.98449° Latitude(N) . (5 decimal places) ILongitude(W) . (5 decimal places) OR IUniversal Tranverse Mercator(UTM) Example: 201336.3 E NAD27 Zone 13 4398351.2 N IUTM Datum(specify NAD27,NAD83 or WGS 84) WGS 84 Zone 13 Easting INorthing I I -3 - I11. Correspondence Information: I APPLICANT/OPERATOR (name,address, and phone of name to be used on permit) Contact's Name: Dennis L. Fields Title: Vice President Company Name: L.G. Everist, Inc. ' Street/P.O. Box: 7321 E 88th Ave., Suite 200 P.O. Box: City: Henderson ' State: CO Zip Code: 80640 Telephone Number: (303 )- 287-4656 I Fax Number: (303 )_ 289-1348 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Steve O'Brian Title: President ICompany Name: Environment, Inc Street/P.O. Box: 7985 Vance Dr. #205A P.O. Box: ICity: Arvada State: CO Zip Code: 80003 I Telephone Number: (303 )_ 423-7297 Fax Number: (303 )_ 423-7599 INSPECTION CONTACT IContact's Name: Lynn M. Shults Title: Regulatory Manager Company Name: L.G. Everist, Inc. IStreet/P.O. Box: 7321 E 88th Ave., Suite 200 P.O. Box: City: Henderson ill State: CO Zip Code: 80640 Telephone Number: (303 )_ 286-2247 Fax Number: (303 )_ 289-1348 ICC: STATE OR FEDERAL LANDOWNER(if any) Agency: IStreet: City: I State: Zip Code: Telephone Number: ( )- CC: STATE OR FEDERAL LANDOWNER(if any) IAgency: Street: I City: State: Zip Code: ITelephone Number: ( )- -4- ' 12. Primar future(Post-mining)land use(check onet: Cropland(CR) Pastureland(PL) General Agriculture(GA) Rangeland(RL) Forestry(FR) Wildlife Habitat(WL) Residential(RS) ri Recreation(RC) Industrial/Commercial(1C) Developed Water Resources(WR) Solid Waste Disposal(WD) 13. Primary present land use(check onut Cropland(CR) .. Pastureland(PL) General Agriculture(GA) Rangeland(RL) Forestry(FR) Wildlife Habitat(WL) Residential(RS) C Recreation(RC) Industrial/Commeraial(IC) Developed Water Resources(WR) 14. Method of Mining: Briefly explain mining method(e.g.truck/shovel): Dozer and front end loaders remove material and load to conveyor for hauling to processing plant. 15. On Site Processing: MI Crushing/Screening 13.1 Briefly explain mining method(e.g.truck/shovel): Material is processed into specification aggregates using crushers, and screen plants List any designated chemicals or acid-producing materials to be used or stored within permit area: None 16. Description of Amendment or Conversion: ' If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s). ' This amendment adds 261.41 acres to the permit area. The mining methods do not change. The reclamation plan is changed to develop the area as ponds and range land. The reclamation methods do not change and the primary access remains as currently approved. This ' amendment increases the reserves of gravel in the mine and the life of the mine. 1 I I ' -5 - I Mans and Exhibits: 'I'wo(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 I 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 Ifollowing references to Rule 6.4,6.5,and 1.6.2(I)(b): EXHIBIT A Legal Description I EXHIBIT B Index Map EXHIBIT C Pre-Mining and Mining Plan Map(s)of Affected Lands EXHIBIT D Mining Plan I EXHIBIT E Reclamation Plan EXHIBIT I' Reclamation Plan Map EXHIBIT G Water Information I EXHIBIT H Wildlife Information EXHIBIT I Soils Information EXHIBIT J Vegetation Information IEXHIBIT K Climate Information EXHIBIT L Reclamation Costs I 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 I EXHIBIT P Municipalities Within Two Miles EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Conservation District EXHIBIT R Proof of Filing with County Clerk or Recorder I EXHIBITS Permanent Man-Made Structures Rule 1.6.2(1)(b) ADDENDUM I - Notice Requirements(sample enclosed) Rule 6.5 Geotechnical Stability Exhibit(any required sections) ' The instructions for preparing Exhibits A-S, Addendum I,and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule 1.6.2(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. IResponsibilities as a Permittee: Upon application approval and permit issuance,this application becomes a legally binding document. Therefore,there are a I number of important requirements which you,as a permittee, should fully understand. These requirements are listed below. Please read and initial each requirement, in the space provided,to acknowledge that you understand your obligations. If you do not understand these obligations then please contact this Office for a full explanation. I �,-r 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; I I -r' 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; t 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties, to you as permittee can result; 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office; �t S. It is your responsibility to notify the Office of any changes in your address or phone number; t2 6. Upon permit issuance and prior to beginning on-site mining activity,you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information (Rule 3.1.12): a. the name of the operator; ' b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, c. the permit number. ' — 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance. ' 9 > -- 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application,as well as with the provisions of the Act and the Construction Material Rules and Regulations in effect at the time the permit is issued. - 9. Annually,on the anniversary date of permit issuance,you must submit an annual fee as specified by Statute, and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date(if there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example,a permit with the anniversary date of July I, 1995,the annual fee is for the period ofJuly 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as the permittee,to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. ' NA 10. For joint venture/partnership operators:the signing representative is authorized to sign this document and a power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application. I 1 - 7 - I 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. 1 1 1 1 1 I I Certification: I 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: II. 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 I (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.; I3. 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 I (Section 34-32.5-120, C.R.S.)as determined through a Board finding. 4. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. IThis 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 I 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 0s/- day of . AMUP")( , 2010 . I L.G. Everist, Incorporated If Corporation Attest(Seal) ' Applicant/Operator or Company Name D Signed: dam, —.—.--<—, -7..-_,,,e_.4..4.-c �' Signed: Corporate Secretary or Equivalent Title: Vice President ( Town/City/County Clerk • State of �L_ RA ) �� .� �, )ss. ICounty of At K ) The foregoing instrument was acknowledged before me this (pt' day of J Aoki Uiti2Y , IjeiI9by Dennis L. Fields as Vice President of L.G. Everist, Incorporated I LYNN MAYER SHULTS Notary ublic tM I NOTARY PUBLIC STATE OF COLORADO My Commission expires: OI —D(-Zbi3 SIGNATURES MUST BE IN BLUE INK ' You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a ' TABLE OF CONTENTS IExhibit A - LEGAL DESCRIPTION . 1 ' Exhibit B -VICINITY MAP 2 Exhibit C - PRE MINING MAP (Map Pocket). 3 IExhibit C-1 - MINING PLAN MAP (Map Pocket) 3 IExhibit F - RECLAMATION PLAN MAP (Map Pocket) 3 IExhibit D - MINING PLAN AND TIMETABLE 4 Exhibit E - RECLAMATION PLAN AND TIMETABLE 7 IFigure E-1- COLOR RECLAMATION MAP 12 IExhibit G - WATER INFORMATION (no change). 13 Exhibit H - WILDLIFE INFORMATION (no change) 14 IExhibit I/J - SOILS & VEGETATION 14 IExhibit K - CLIMATE (no change) 20 Exhibit L - RECLAMATION COSTS 21 IExhibit M - OTHER PERMIT AND LICENSES 22 IExhibit N - SOURCE OF LEGAL RIGHT TO ENTER . 23 Exhibit O - OWNERS OF RECORD. 24 I Exhibit P - MUNICIPALITIES WITHIN TWO MILES 26 IExhibit Q - NOTICES AND PROOF OF MAILING BOARD OF COUNTY AND LOCAL SOIL CONSERVATION BOARD. 27 IExhibit R - CLERK AND RECORDERS NOTICE AND PROOF OF MAILING 29 IExhibit S - PERMANENT MAN-MADE STRUCTURES. 30 SAMPLE LETTER FOR STRUCTURE AGREEMENTS 31 IPUBLIC NOTICE 32 IPOSTED NOTICE CERTIFICATION 33 1 Exhibit A LEGAL DESCRIPTION EXISTING PERMIT Parts of the NE14SW'4, SW'4SW'4, NW aNW'4, NE'-NW'4, SE nNW'4 and ' SW'4NW'4 of Section 32, Township 3 North, Range 67 West, 6th P.M. , Weld County, Colorado, containing 105 . 29 ac . permit area NEW AREA The SW'4NE'4, NW aSE 4, & SE'4SW'4 and Parts of the NW14NE'4, SWIISE'4, NE'4SW'4, SW'4SW'4, and SE aNW14, of Section 32, Township 3 North, Range 67 West, 6th P .M. , Weld County, Colorado, containing 261 . 41 acres ± . Total permit area 366 . 70 acres ± . Mine Entrance : 40°10' 41 . 26"N, 104°55' 23 . 51"W WGS84 1 1 I :tries , t siI v �. \ i . Z�f aa53J i% 0.''.a ., _�� > q9 oo 4 878 ;a Gowanda 4c— — : . Ga ' _ . • ! /2 c o ir r_ •4793 N / V _ ., 4798 'l l0>99 1 Z11 f _ '' L Main Sch P' . • 4 7/ i \ re C"-E irKi_ 32 0o- i 33 P5 ' C V •.' - - 6 BOTTOM 1 5 q9 O O a BMi; ° r 1 11)444, B13 • ° ' -48/3 _- _- . ),.. CounfyRwdt6 ' rt, eeoo. , - __ _ 1 —�-- II roc N Magnetic Declination \ . /,:;..--- . . 7t _ -- i / - - ' •Qt ' / _�4Y� ° ° 9° 11'E _ >.._- t. ,ogres �—=- --1-. ,'--r _J`o9i6 -. -.. ' Name: GOWANDA Location: 040° 11'08.58" N 104° 54'55.69"W WGS84 Date: 2/25/2009 Scale: 1 inch equals 2000 feet LG Everist, Inc. - Firestone Gravel Resource Map Exhibit B -Vicinity Map ICopyright(C)2008,MyTopo LARGE MAPS AVAILABLE FOR VIEWING AT THE CLERK TO THE BOARD'S OFFICE, IN THE PUBLIC REVIEW FILE. Exhibit D MINING PLAN Unless specifically discussed below, the methods described and approved in the original permit application, mining and reclamation plans will remain unchanged. This will remain a dry mining opera- tion . MAPEXHIBITC shows the current permit area and the area being ' added to the permit . There are no changes to the mining method as approved in the 1996 permit . The primary reason for this amendment is to add ' approximately 261 . 44 acres to the permit area. We will also be redesigning the final lake configuration to maximize gravel removal from the permit area . In addition, we are removing all reference ' to a phased operation since the area will be operated as a single stage with a limited disturbance area . Reclamation will run con- current with mining to control the amount of disturbed area in the ' mine at any one time . The current bond is $49, 450 and a new reclamation cost esti- mate is presented on page 13 in Exhibit L for the plan changes ' proposed in the following text . The permit is currently on the third year of a Temporary Cessation and there is no plan to restart mining the site in the short term. The following text explains the ' changes to the mining plan as proposed in this amendment . The area numbering listed in the revised Mining and Reclama- tion Timetables are there to explain the areas within the mine and not necessarily the direction or timing of mining. In general, we propose that mining will commence in the southwest part of the mine ' to excavate the south end of Area 1, then move to Area 4 to create area for settling ponds . We would then commence in Area 3 and work clock wise to the north, east, and southwest around the permit ' area . The last area to be mined will be the Plant Site area on the north end of Area 1 and the south end of Area 2 . This proposed mining sequence may change due to unforeseen circumstances such as ' market conditions, variations in the natural deposit, agreement restrictions with structure owners, etc . Of the 366 . 70 acres in this amendment, the old permit area ' covers 105 . 29 acres ± and the new area is 261 . 44 acres ± . Mining will resume in Area 1 to create settling ponds that will be used for the life of the mine . Area 4 may also be used as settling pond ' area . The exterior slopes around these areas will be left near vertical since backfilling will take place as the ponds are filled ' with processing fines leaving no slopes in this area . The material from Area 1 and Area 4 will be stockpiled in the Plant Site area on the southern end of Area 2 and processed as needed. We estimate ' mining will begin in the new area within 3 years after mining resumes . MAP EXHIBIT C-1 - MINING PLAN shows the approximate direction of mining as it progresses across the site . The methods described in the original permit will be used in the expansion area . The ap- proved plan calls for having no more than 30 . 00 acres ± disturbed 4 1 MINING PLAN EXHIBIT D (CONY) ' at any one time . This will be increased to 100 acres ± to allow ' for more flexibility during mining. This 100 acre area will in- cluded stripped, partially mined, partially reclaimed and future lake areas . As mining progresses across the property some parts of ' the property will remain undisturbed while other areas will be either stripped, mined, partially reclaimed or totally reclaimed. The MINING PLAN MAP - EXHIBIT C-1 shows how the area will look when approx- ' imately 23% of Area 5 is mined. Note how the final slopes around the perimeter of the lakes in the reclaimed Areas are complete, how the some of the side slopes in the active area are complete and only the working face area needs shaping, if mining ended at this time . t In any given area a dewatering trench will be excavated inside the mining setbacks, pumps will be installed and dewatering will commence . The active mining area will remain dry until reclamation ' is complete . Adequate topsoil will be salvaged and stockpiled around the excavation area for use in reclamation . These stock- piles will move with mining and in some cases the stripped topsoil ' will be placed on areas where grading and shaping are complete so it only has to be handled once . The 2 to 3 feet of overburden found on the site will be stockpiled around the mining areas simi- lar to topsoil stockpiling . It will be blended with the under- laying shale and used to create the exterior slopes around the excavated areas . The stockpiles of reclamation material will move ' as mining progresses to keep it as close to the final use area as possible . This will reduce the haul distances needed to replace it around the excavated area during reclamation. ' The working face will be mined near vertical to maximize removal of material from the mine . At it widest point the working ' face will be approximately 800 feet long. If mining ended prema- turely this slope will be reclaimed using a cut/fill sloping method instead of backfilling. As mining reaches a setback, backfilling will commence almost immediately so as to leave a 3 : 1 slope along the mine exterior, oil and gas facilities and the ditches . We expect to have no more than 800 linear feet of area needing back- filling at any one time . This can be done because we plan to start backfill sloping whenever a new area is stripped so the material only has to be handled once . The mining setbacks will vary from 15 t to 40 feet from the permit boundaries and structures as allowed by each use agreement for said structures . For example, around oil/gas wells we will maintain a 80 foot radius around each well ' head, but leave a 150 foot radius when reclamation is complete . The MINING PLAN MAP shows how this will look. Around the rest of the ' mine the setback line will be the top of the excavation limits . The temporarily topsoil stockpiles within the setbacks will also limit noise and visual impacts to off site areas . The setbacks ' 5 I MINING PLAN EXHIBIT D (CONT) I will be used as a place for roads to access the mine exterior, I ditches and access for the oil and gas facilities . The setback areas will be reclaimed if disturbed. The mine will be dewatered and the material will be mined I using loaders to remove material from the face . The material will then be delivered to the Plant for processing using haul trucks or a conveyor system. In addition to gravel processing and sales we I anticipate installing a concrete batch plant facility, a concrete casting facility an asphalt batch plant facility and a concrete/asphalt recycling plant in the Plant Site area sometime in Ithe future . The plants will be removed once mining ends . Located in the southeast corner of the mine is Area B. This ' area will not be mined but may be used for material storage, equip- ment parking or other uses associated with mining operations . If it is disturbed the topsoil will be salvaged from the disturbed I area and used to reclaim the area when mining ends . It will be reclaimed using the methods described in the Reclamation Plan. The arrows on EXHIBIT C-1 - MINING PLAN MAP show how we will prog- I ress thru the mine area . We estimate by adding the new area the life of the mine will be extended from 31 to 40 years . IMining Timetable The continuing uncertainty of economic conditions in the construction materials industry precludes an accurate forecast of I demand for materials during the life of the mine . We therefore, can only estimate the mining timetable based on an average year and Imay expect a specific year to vary widely from the average . 4 RING TIMETABLE I ACRES ± AREA* YEARS TOTAL MINED MISC (I.E. AREA SETBACKS AND I - UNDISTURBED, ETC. ) Area 1 1-2 14 . 61 9 . 31 5 . 30 IArea 2 2-4 34 . 89 29 . 67 5.22 Area 3 12-14 120 . 90 111 . 14 9. 76 I Area 4 1-3 18 . 96 15. 15 3 . 81 Area 5 15-17 159 . 89 144 . 15 15 . 74 Area B 31-40 17 . 45 0 . 00 17 . 45 I TOTALS 31-40 366 .70 309. 42 57 . 28 * areas are only used to explain the mining areas, not the direction or timing of the mining operations. I6 1 Exhibit E RECLAMATION PLAN Unless specifically discussed below, the reclamation methods ' described and approved in the approved permit application, will remain unchanged. The following text explains the changes to the reclamation plan as proposed in this amendment . Reclamation ' will run concurrent with mining as the site is developed to reduce the amount of reclamation required at any one time . ' Currently, the mine site is primarily irrigated agricultural land. The area is broken into 4 different uses as follows . Please refer to the VEGETATION MAP in Exhibit I/J for the location ' of each area described. The current uses area mining area, irrigated grass hay areas, irrigated pasture, non-irrigated pasture and irrigated crop area . These uses will continue as ' mining progresses until an area is taken out of agricultural production . Only the non irrigated pasture has native vegetation t present . The other areas have been farmed for many years and vegetation cover on those ares is consistent with farmed areas . The Vegetation typical descriptions in Exhibit I/J will not match ' these agricultural use areas . The RECLAMATION PLAN MAP shows the sloping plan and areas that will be revegetated for each lake area in this plan . Figure E-1 following the Reclamation Timeta- ble is a color rendition of the reclamation plan showing the various final land forms on the Reclamation Plan Map . ' The current post mining land uses are listed as ponds, native vegetation and wildlife habitat . We are changing this plan to pond areas surrounded by rangeland. The setbacks and ' side slopes from the existing surface to the waters edge will be resoiled and revegetated using the methods described in the existing plan . ' The following seed mix will replace the three currently approved. It is more cost effective to use one seed mix for the ' entire area . This mix will place approximately 41 . 2 seeds per pound per sq-ft as prescribed by the NRCS planting guidelines . ' PROPOSED SEED MIX Species Lbs . PLS/Acre Western Wheatgrass (Aribba) 5.00 Big Bluestem (Champ) 2 . 50 ' Blue Grama (Hachita) 0 . 60 Switchgrass (Blackwell) 1 . 75 TOTALS 9 . 85 The reclamation timetable shows the types and amount of land in each area when reclamation is complete . Approximately 10% of t the area in the permit will not be disturbed by mining, either because it is in setbacks around well facilities and gaslines, 7 1 RECLAMATION PLAN EXHIBIT E (cont) ' along the ditches or areas that will be kept in their natural t state . As mining progresses the perimeter slopes will be backfilled and graded at or near 3h to lv as discussed in the MINING PLAN . ' This will insure that when mining ceases only a minor amount of work will have to be done to finish reclamation in the disturbed area . The placement of the soil stockpiles around the set- back/perimeter of the mined area or replacing it on a finished slope as it is removed is designed to minimize the effect of mid- ' plan stoppage . This will place the topsoil where it will be needed for reclamation and will reduce the distance it has to be hauled for reclamation . Usually, this will mean it simply has to ' be shaped and graded. We expect to salvage sufficient topsoil to meet reclamation requirements . Of the 366 . 70 acres ± in the mined area, only ' 53 . 44 acres ± or approximately 15% will need resoiling and revegetation . Observations at the site show that topsoil on the ' property has a salvageable depth of 6 to 9 inches, averaging 8 inches except in isolated locations . There appears to be more than adequate soils to meet the demand for this site . Setback ' areas will not be stripped, so only the disturbed setbacks and slopes to the lake perimeter will be resoiled. A graveled area will be left around each gas/oil well where no seeding or ' resoiling will take place . This will provide room around each well to service it as needed by the well owners . ' Some inert fill (as defined in Colorado Department Public Health and Environment regulations) will be imported for reclama- tion purposes . On-site generated inert material will be used for ' bank sloping, buried in bank areas around the lakes or will be recycled. An intent to import letter and an Inert Materials Affidavit is included in this application packet to address the ' importation of material to the mine . Existing soils in place have been capable of producing a fairly dense cover of irrigated grasses and should be suitable ' for reclaiming the above water areas as rangeland. These areas will be returned to at least their present vegetative condition ' when reclamation is complete . Under normal conditions, the operator will strive for a 30 to 40 percent cover rate on the revegetated areas when reclamation is complete . ' Under normal weather conditions, an adequate moisture reserve will be present for establishment of the proposed seed mixture . No irrigation will be used during reclamation since the ' plan is to establish a vegetation cover that is not dependent on irrigation to survive . 8 1 RECLAMATION PLAN EXHIBIT E (cont) 1 RECLAMATION PERFORMANCE STANDARDS The property will be mined in compliance with the Reclama- tion Performance Standards of Rule 6 . Grading will be performed to create a final topography that is compatible with the intended final land use . The slopes will vary depending on the final use proposed in a particular area, ponds or rangeland; the remainder of the area will retain its present drainage pattern. The RECLAMATION PLAN MAP shows how the area will be reclaimed. 1 Some imported fill material may be used to facilitate reclamation, this material may consist of broken concrete or other materials suitable for that purpose . This material will be "Inert Material" as defined by the Colorado Department of Public Health and Environment . The pit will be reclaimed so that a 1 suitable grade for drainage exists, all surface runoff will be directed into the ponds created by mining. Settling ponds may be silted in from wash water, this type of backfilling tends to firm 1 up and stabilize during the first 18 months after being placed. All grading will be done in a manner to control erosion and to protect areas outside the affected land from slides or other 1 damage . Backfilling and grading will be completed as soon as feasible after mining is completed in a given area. There are no drill or auger holes on the land. Maximum slopes will be within 1 the limits set forth in the Rules and Regulations of the Board and will be capable of being traversed by machinery. 1 All refuse will be hauled away or disposed of in a manner that will control unsightliness and protect the drainage system from pollution . There are no acid-forming or toxic materials 1 involved in this operation . The minimal amounts of petroleum products stored at the site will be stored as prescribed by applicable laws . The storage tanks will be surrounded by a berm or secondary containment such as storing the tank in a larger metal container adequate to retain any fluid should a tank 1 rupture . In addition, there is adequate absorbent materials on site to contain any spills that would occur . The operator does not expect prevailing hydrologic condi- tions to be disturbed. We will comply with applicable Colorado water laws and regulations (as the operator understands them) governing injury to existing water rights in order to minimize 1 any disturbance, which might occur to the prevailing hydrologic balance of the affected land and surrounding areas and to the 1 quality of water in surface and ground-water systems both during and after the mining operation and during reclamation . In addition, the operator expects to comply with applicable Federal 1 9 1 RECLAMATION PLAN EXHIBIT E (cont) ' and Colorado water quality laws and regulations . Any water used ' in the operation of the processing plants and gravel pit will come from water owned by L .G. Everist, Inc. or purchased from an outside agency suitable for that use . EXHIBITG contains specific information concerning impacts and uses of water at this mining operation. This is not a dredge facility, so there are no temporary ' siltation structures involved in this operation and no mining will be done within the confines of the river . If a U. S . Army ' Corps of Engineers Permit is required for mining in waters of the U. S . or wetlands on the site it will be obtained prior to dis- turbing those areas . Settling ponds will be constructed on the ' site to collect and recycle water from the washing operation . There will be no earthen dams on the mined area . The mining and reclamation plans take into account the safety and protection of wildlife remaining on the site, and along all roads within the site . The mining and reclamation ' plans consider existing wildlife use of the site and final reclamation will enhance the area for wildlife use . However, creation and management of wildlife habitat is not a specific part of the reclamation plan . Topsoil in the area is good quality and deep enough to salvage what is needed for reclamation. When topsoil is removed ' to reach the mineral deposit, it will be segregated and stock- piled. If the topsoil piles remain undisturbed for more than 180 1 days, 2 . 0 #PLS of Crested Wheatgrass, per 100 sq-ft will be planted on the piles or other means will be employed to preserve the topsoil from wind and water erosion . This will keep it free of contaminants so that it remains useful for sustaining vegeta- tion when reclamation begins . The stockpiles will be located in areas where disturbances by ongoing mining operations will be at t a minimum, i . e . along setbacks on the pit perimeter . The topsoil will be handled as little as possible until it is replaced onto disturbed areas . We will take measures necessary to insure the ' stability of the replaced topsoil on graded slopes and ensuring that it is spread as evenly a possible . Fertilizer and other t soil amendments will be used, only if needed, in accordance with NRCS recommendations . Reclamation will begin once enough area has been opened so that any reclamation completed will not be disturbed as mining progresses . This may take 1 or more years depending on the economic conditions in the area and the amount of material mined. ' By the time mining is completed 75 to 90% of the total mined land will be reclaimed. As mining ends in each lake area, only 10 I RECLAMATION PLAN EXHIBIT E (cont) I backfilling, grading and shaping of the final mined slopes and I resoiling of the areas above water will be needed. The proposed seed mix will be planted during the next planting season after resoiling is complete . This will probably be by the end of the I second fall after mining is completed. The area will be moni- tored for success of revegetation until accepted by the Division for release . If revegetation failures occur prior to release, an Ianalysis of the site will be made and the area will be revege- tated again as necessary. IReclamation Timetable The numbers presented below represent our estimate of the I various area of disturbance in the mine area . They may change as the actual mining progresses thru the site . I ACRES ± I AREA YEARS TOTAL LAKE REVEGE- ROAD Misc . AREA TATION (DITCHES, UNDISTURBED I AREAS, ETC. ) Area 1 3-5 14 . 61 0 . 00 9 . 31 0 . 00 5 . 30 I Area 2 3-5 34 . 89 23 . 38 5 . 02 1 . 27 5 .22 Area 3 3-5 120 . 90 101 .25 8 . 16 1 . 73 9. 76 Area 4 3-5 18 . 96 0 . 00 14 .29 .0 . 86 3 . 81 I Area 5 3-5 159 . 89 128 . 86 10 . 90 4 . 39 13. 74 Area B 3-5 17 . 45 0 . 00 17 . 45 0 . 00 0 . 00 I TOTALS 366. 70 253 . 49 65. 13 ' 8 .25 37 . 83 I I I I I I 11 IL.G. EVERIST, INC FIGURE E-I IFIRESTONE GRAVEL RESOURCE i" , / ' I 1 ..... / I I I iii I / i %�i I / I I i j ! t / i I . i i I i / i 1 / ' i f' � i 1 I i i i ' i ' I ' I i�. I I ... i I I I I I I I i I '� I i I I I I i ' x i 'if' I 1 I i I I / 1C I i . its` t ' Ii I I i . 0 I 1 1 _ - :" I N I - - - I ----- AFFECTED LANDS/PERMIT LINE LAKE AREA DEC 1.5 2009- Iss 36 I REVEGETATED ROADS & GRAVELED AREAS I NON MINING RECLAIMED AREA NOIE; NON COLORED AREA ARE SETBACKS. DITCH AREAS, PIPELINE ROW's AND UNDIS I URBED AREAS THAT NEED NO RECLANAI ION. 1 Exhibit G WATER INFORMATION ' There is no change to the baseline water information pre- sented from 1995 . The water discussion at that time address the needs, uses and surrounding conditions for the general area and will apply to the expansion of the mining area . The original report notes a series of wetlands adjacent to the east side of the old permit area near the old railroad bed. During our investigation of the site we contacted a wetland specialist and they determined these wet areas were non-jurisdic- tional wetlands resulting from an accumulation of seasonal irrigation tail water from surrounding fields . Therefore no 404 permit is needed to mine them. The Pre-Mining Plan Map shows a seep ditch traversing the property for west to east between the Last Chance Ditch and the ' Side Hill Ditch. This seep ditch is owned by L .G. Everist and is used to catch surface runoff and irrigation seepage from up gradient areas to the south . This ditch will be removed during ' mining in Area 4 . If at any time it is determined a 404 permit is needed for these activities it will be obtained from the US Army Corps of Engineers prior to disturbing the areas in ques- t tion . 1 1 13 1 ' Exhibit H - WILDLIFE INFORMATION This information is unchanged. The new mine and old mine are adjacent and had similar uses prior to mining. 1 Exhibit I/J - SOILS & VEGETATION ' The following information is presented to supplement the information from the original submittal . We have revised the ' soils map submitted in 1995 to show the new area . The original soils information covers all but one soil type in the new area . A separate vegetation map is supplied to show the various types of agricultural activities on the site at this time . 1 ' 14 I I USDA United States A product of the National Custom Soil Resource Department of Cooperative Soil Survey, Agriculture a joint effort of the United Report for I 4 �CS States Department of Weld Count Agriculture and other County Federal agencies, State 7 Natural agencies including the Colorado, I Resources Agricultural Experiment Conservation Stations, and local Service participants Southern Part IFirestone Gravel Resource I I I Soil Map IThe soil map section includes the soil map for the defined area of interest. a list of soil map units on the map and extent of each map unit and cartographic symbols Idisplayed on the map. I I Map Unit Legend (Firestone) Weld County,Colorado,Southern Part(CO618) Map Unit Symbol Map Unit Name I Acres in AOI I Percent of AOI 1 Altvan loam. 0 to 1 percent 139.2 36 31/. slopes I 3 Appalls and Apuents gravelly 83 3 2t7%, substratum 27 Heidi silty clay 1 to 3 percent 110 3 28.811, I slopes 41 Noon clay loam 0 to 1 percent 16 4 4 3°'1 slopes I 72 Vona loamy sand.0 to 3 percent 0.0 0 096 slopes 73 Vona loamy sand 3 to 5 percent 34.0 8 9'Y. slopes II otals for Area of Interest(AO!) 383.3 1n0 Us_ I I Custom Soil Resource Report IISoil Map (Firestone) I , if tF Ib 1x•oe''', - ' —-.---1. l I 1. i 1 yr R , E ' I 10., i , . )1' 7. ' • . t ' N Meters 0 100 200 400 60G AFear 0 wo i o0o z mo 3 a>o I 41—Nunn clay loam, 0 to 6 percent slopes. This deep, well drained soil is on slightly dissected plains and stream terraces. It formed in calcareous loamy alluvium. Typically, the surface layer is grayish brown clay loam 8 inches thick. The subsoil is clay loam 14 inches thick. The substratum to a depth of 60 inches or more is calcareous clay loam. In some areas the surface layer is loam. ' Included in this unit are small areas of Avar fine sandy loam and Manzanola clay loam. Permeability of this Nunn soil is slow. Available water ' capacity is high. Effective rooting depth is 60 inches or more. Runoff is medium, and the hazard of water erosion is slight to moderate. The hazard of soil blowing is slight. ' This unit is used as rangeland and nonirrigated cropland. Winter wheat is the main crop. The potential plant community on this unit is mainly ' blue grama, western wheatgrass, green needlegrass, and buffalograss. The average annual production of air-dry vegetation ranges from 400 to 1,200 pounds. ' If the range is overgrazed, the proportion of preferred forage plants decreases and the proportion of less preferred forage plants increases. Therefore, livestock ' grazing should be managed so that the desired balance of preferred species is maintained in the plant community. ' Range seeding is suitable if the range is in poor condition. The plants selected for seeding should meet the seasonal requirements of livestock or wildlife, or ' both. Other management practices that are suitable for use on this unit are proper range use, deferred grazing, and rotation grazing. If the plant cover is disturbed, protection from erosion is needed. Loss of the surface layer results in a severe decrease in productivity and in the potential of the soil to produce plants suitable for grazing. This unit is well suited to winter wheat, barley, oats, and sorghum. The fine texture of the surface layer limits 1 the crops that can be grown on this unit. Because precipitation is not sufficient for annual cropping, a cropping system that includes small grain and summer ' fallow is most suitable. Precipitation usually is too low for crops on this unit to make efficient use of fertilizer. Maintaining crop residue on or near the surface reduces runoff, reduces soil blowing, and helps to maintain soil tilth and organic matter content. Stubble- mulch farming, striperopping, and minimum tillage help to control erosion and conserve moisture. Terraces reduce runoff and the risk of erosion and help to conserve ' moisture. This unit is well suited to windbreaks and environmental plantings. Supplemental irrigation may be t needed when planting and during dry periods. This map unit is in capability subclass IVe, nonirrigated, and in Clayey Plains range site. 1 1 NUNN SERIES The Nunn series consists of very deep,well drained soils that formed in loess and mixed alluvium. Nunn soils are on terraces or alluvial fans, and in drainageways. Slopes range from 0 to 25 percent. The mean annual ' precipitation is about 14 inches and the mean annual air temperature is about 48 degrees F. TAXONOMIC CLASS: Fine, smectitic, mesic Aridic Argiustolls TYPICAL PEDON: Nunn clay loam- grassland. (Colors are for dry soil unless otherwise noted) A--0 to 6 inches; grayish brown(10YR 5/2) clay loam, very dark grayish brown(10YR 3/2) moist; moderate medium granular structure; soft,very friable; neutral(pH 7.2); clear smooth boundary. (4 to 8 inches thick) BA--6 to 10 inches; grayish brown(10YR 5/2)clay loam,very dark grayish brown(10YR 3/2)moist; weak ' medium prismatic structure parting to moderate medium subangular blocky; hard,very friable, sticky and plastic; few faint clay films on faces of peds; neutral(pH 7.2); clear smooth boundary. (0 to 6 inches thick) Bt--10 to 24 inches; pale brown (10YR 6/3) clay loam, brown (10YR 4/3)moist; moderate medium and coarse prismatic structure parting to moderate medium subangular blocky; very hard, firm,very sticky and very plastic; many distinct clay films on faces of peds; slightly alkaline(pH 7.6); clear smooth boundary. (6 to 24 inches thick) Btk--24 to 29 inches; pale brown(10YR 6/3)clay loam,brown (10YR 5/3)moist; weak medium subangular blocky structure; very hard, firm, very plastic; few faint clay films on faces of peds; visible calcium carbonate ' occurring as small concretions; strongly effervescent; moderately alkaline(pH 8.0); gradual smooth boundary. (0 to 10 inches thick) Bk1--29 to 47 inches; light yellowish brown (10YR 6/4)clay loam, dark yellowish brown(10YR 4/4)moist; ' massive; very hard,firm, sticky and plastic; visible calcium carbonate occurring as concretions,thin seams and streaks; strongly effervescent; moderately alkaline (pH 8.2); gradual smooth boundary. (6 to 20 inches thick) Bk2--47 to 60 inches; light yellowish brown(2.5Y 6/3) clay loam, light olive brown(2.5Y 5/3)moist; massive; very hard,firm, sticky and plastic; some visible calcium carbonate but less than in the horizon above; slightly effervescent; moderately alkaline (pH 8.2). TYPE LOCATION: Larimer County, Colorado; 1 mile east and 1/2 mile south of the Harmony School near the east 1/4 corner of Sec. 5, T. 6 N., R. 68 W. RANGE IN CHARACTERISTICS: Mean annual soil temperature at depth of 20 inches is 47 to 54 degrees F,and mean summer temperature is 59 to 79 degrees F. The mollic epipedon is 7 to 19 inches thick, depth to t lime is 10 to 30 inches, and the solum is 16 to 46 inches thick. Organic carbon in the mollic epipedon ranges from .8 to 3 percent. The soil is typically 90 to 100 percent base-saturated. Rock fragments are typically less than 5 percent and range from 0 to 15 percent. The soil temperature at depth of 20 inches is 41 degrees F or warmer for about 200 to 240 days. The soils are moist in some part of the moisture control section for about 56 to 152 days while the soil temperature is 41 degrees F or above. The A horizon has hue of 5Y to 7.5YR,value of 4 or 5, 2 or 3 moist,and chroma of 1 to 3. Usually it has granular or crumb structure but the structure is subangular blocky in some pedons. This horizon is soft or slightly hard. It is slightly acid to slightly alkaline. The Bt horizon has hue of 5Y to 7.5YR, value of 3 to 7, 2 to 6 moist, and chroma of 2 to 5. It is typically clay, silty clay loam or clay loam and has 35 to 50 percent clay, 15 to 45 percent silt, and 15 to 45 percent sand ' with more than 15 percent,being fine sand or coarser. Some pcdons have sandy clay loam textures in the lower parts of the argillic layer, however, the weighted clay average is greater than 35 percent in the control section. It is slightly acid to moderately alkaline. CEC of the Bt horizon ranges from 60 to 90 millequivalents ' per 100 grams of clay. The Bk or C horizon has hue of 5Y to 7.5YR, value of 5 to 7,4 to 6 moist, and chroma of 2 to 4. They are ' typically clay loam with more than 28 percent clay,however,where the C horizon has less than 28 percent clay it contains more than 15 percent fine or coarser sand and has a texture of sandy clay loam, loam or sandy loam. These horizons arc slightly alkaline to strongly alkaline and have 4 to 15 percent calcium carbonate equivalent. COMPETING SERIES: These are Ashfork, Bethune, Blackpipe, Boneek, Boquillas, Chapin,Collbran, Collide, Emigrant, Huggins, Kube, Leyden, Loma, Nuncho, Querc, Rednun, Richfield, Ryus, Savo, Showlow, t Standley, Thunderbird, Weld and Wormser series. Ashfork, Bethune, Chapin, Thunderbird and Wormser soils have lithic contact at depths of 20 to 40 inches. Blackpipe, Boquillas, Emigrant, Huggins,Leyden and Querc soils have paralithic contact at depths of 20 to 40 inches. Boneek, Kube, Richfield, Savo and Weld soils have ' less than 15 percent fine sand or coarser in the Bt horizon. Collbran, Collide, Loma and Rednun soils have hues redder than 7.5YR in the Bt. Ryus soils are calcareous throughout. Showlow soils have a calcic horizon. Standley soils have greater than 15 percent coarse fragments in the Bt horizon. The Nuncho soils have soil ' temperatures at 20 inches that are greater than 41 degrees F. for less than 200 days. GEOGRAPHIC SETTING: The Nunn soils are on terraces or alluvial fans, or in drainageways. Slope gradients range from 0 to 25 percent. The soils formed in mixed alluvium. At the type location the average ' annual precipitation is 13 inches, 9 inches of which falls during the months of April through September. Mean annual air temperature is 47 to 53 degrees F, and an average summer temperature is 67 degrees F. The frost-free period is 120 to 210 days. ' GEOGRAPHICALLY ASSOCIATED SOILS: These are the competing Weld soils and the Fort Collins, Platner and Satanta soils. Fort Collins and Satanta soils have less than 35 percent clay in the Bt horizon. ' Platner soils have an abrupt textural boundary between the A and B horizons. DRAINAGE AND PERMEABILITY: Well drained; negligible to very high runoff depending on slope; moderately slow or slow permeability. Some small areas are seasonally wet due to seepage from irrigation. ' USE AND VEGETATION: A large percentage of the Nunn soils are now under irrigation where they are used for alfalfa, sugar beets,potatoes, small grains, corn and truck crops. Some dryland areas are cropped principally to winter wheat.Native vegetation is blue grama, buffalograss,needlegrass and wheatgrass. DISTRIBUTION AND EXTENT: Eastern Colorado, southeastern Montana and southeastern Wyoming. The t series is of large extent. MLRA OFFICE RESPONSIBLE: Bismarck,North Dakota ' SERIES ESTABLISHED: The Greeley Area, Colorado, 1929. REMARKS: Diagnostic horizons and features recognized in this pedon are: mollic epipedon-the zone from the surface of the soil to a depth of 10 inches(A and BA horizons); argillic horizon -the zone from 10 to 29 inches(Bt and Btk horizons). EXHIBIT K - CLIMATE This information is unchanged. ' 20 I EXHIBIT L RECLAMATION COSTS I This reclamation cost estimate in based on the assumption I that no more then 100 acres will need some form of reclamation any one time . Of this 100 acres, 35 acres would be covered by water and 5 . 0 would be roads, 18 acres would be plant site, 19 . 0 I acres is silt pond areas and the remaining 23 . 0 acres would be stripped or partially reclaimed area . This is based on a worse case scenario i . e . , at a time when the greatest area will need some form of reclamation. In this estimate we would have to I complete backfilling on 800 linear feet at 47 . 41 cyd/lft of banks, cut/filling the slope on 800 linear feet at 11 . 85 cyd/lft of working face, respread 64 , 533 cubic yards of topsoil on I stripped areas and seed beds, grade and shape 60 acres of seed bed area and revegetate 50 ac . ± . The amount of topsoil that will be re-spread is based on an average of 8 inches . The I revegetation cost figure includes fertilizer, grass seed, mulch and drilling costs . A 627C Cat motor scraper will be used to resoil the area and a 140G Cat motor grader will be used to shape the seed bed and I the resoiled areas . We have included the cost to reduce the working face highwall using a D6T cat dozer from near vertical to 3 : 1 if mining ends prematurely. A D6T Cat dozer will be used to I push the fill material into the perimeter slope areas . A Cat 140G is used to prepare the seed beds and rip the plant site area. The table below outlines the various areas of disturbance at that time . I ACTIVITY TOTAL SOIL DEPTH NEEDS RESOILING 60 . 0 AC 8" I NEEDS SEEDING 60 . 0 AC GRADING SEEDBED 60 . 0 AC RESOIL @ 8" 64, 533 CY I CUT/FILL 37, 928 CY BACKFILL SLOPING 9, 480 CY RIP PLANT SITE 18 . 00 AC Secondary revegetation 25% ' ESTIMATED UNIT COSTS FOR RECLAMATION ITEMS: I Unit Cost 1 . Revegetation includes grass seed mix, mulch and fertilizer and labor to drill $150 . 00/AC . ** 2 . Re-spreading soil and/or growth media with I627-E Motor Scraper, Haul distance less than 900. 0 . 552/YD3 3 . Rip seed bed in plant site, 140G motorgrader . $50 . 32 /ac . 4 . Grade and shape 50 . 0 acres, 140Gmotorgrader. $49 . 41 /ac I5 . Cut/fill working face, 11 . 85 cy/lft D-6T Dozer. . . 0 . 519/YD3 6 . Backfill side slopes, 47 . 41 cy/lft D-6TDozer. . . 0 . 519/YD3 I I 21 EXHIBIT L (CONT) RECLAMATION COST ESTIMATE ' RECLAMATION COSTS 1 . Revegetation, 60 . 00 ac @ $150 . 00/ac $ 9, 000 . 00 ' 2 . Resoiling, 64, 533 yd' x 1 . 12 @ 55 .2 /yd' 39, 897 . 25 3 . Rip plant site 18 .0 ac @ $50 . 32/ac. 905 . 82 4 . Grading and shaping 60 . 00 ac. @ $49. 41/ac 2, 964 . 89 5 . Cut/fill working face, 9, 480 yd' x 1 . 12 @ 51 . 9 /yd' 5, 508 . 67 ' 6 . Backfilling exterior slopes, 37, 928 yd3 x 1 . 15 @ 51 . 9 /yd3 22, 629 . 67 7 . Secondary revegetation 60 . 0 ac x 25% x $150 . 00/ac 2, 250 . 00 ' Net Total $74, 156 . 31 8 . Indirect costs Mobilization 3, 350 . 05 ' Insurance, Bond, & Profit 10, 025 . 93 9 . Administration costs 4, 209 . 11 TOTAL ESTIMATE $91, 741 . 40 ' RECOMMEND BOND BE SET AT$91,800.00 Source of figured using, Cat Handbook 438 and rental costs from Means for 836 efficiency, for eastern Colorado ** Direct quote for services from Hank Geismen, Geismar. Seeding Service, longmont, CO (970) 535-4963 ' 22 Exhibit M OTHER PERMIT AND LICENSES 1 . An Air Pollution permit will be applied for prior to com- mencing mining at this site . 2 . A Use by Special Review permit from Weld County will be necessary prior to operations commencing on the new part of the mine . (Existing permit # USR 1102) 3 . This is a open pit operation where ground water will be ex- posed. An approved substitute water supply plan (SWSP) is in place . A new SWSP will be obtained prior to exposing ground water in the new area . ' 4 . A dredge fill permit (404) is not required at this time because waters of the U. S . will not be impacted. If it is ' determined a 404 permit is needed to mine parts to the site it will be obtained prior to mining commencing in those areas . ' 5 . A Storm Water Management Plan (SWMP) exists for the mine it will be expanded to cover the new area. ' 6 . A NPDES permit to de-water the mine is in place and will be expanded to cover the new area. (Permit # COG-500333) ' 23 Exhibit N SOURCE OF LEGAL RIGHT TO ENTER STATE OF COLORADO ' ) ss. AFFIDAVIT COUNTY OF ADAMS I Lynn Mayer Shults, being first duly sworn upon oath, deposes and says : 1 . L .G. Everist, Incorporated is the surface and mineral rights owners of the property known as the Firestone Gravel Re- source . A copy of the deed is available for inspection at their offices in Henderson, CO. ' 2 . That L. G. Everist, Incorporated is legally empowered to enter upon the subject lands and to conduct mining opera- tions for sand and gravel and other construction materials on said mine . 3 . That L. G. Everist, Incorporated is empowered to acquire any t permits for mining on this property with or before the Colorado Mined Land Reclamation Board under the provisions of the Colorado Mined Land Reclamation Act . Lynn M. Shults - Regulatory manager SUBSCRIBED and sworn to before me this day of , 2010, by Lynn M. Shults as the Regulatory Manager of L.G. Everist, Incorporated. Notary Public My commission expires : (notarial seal) 1 24 I Exhibit 0 OWNERS OF RECORD SURFACE AREA AND SUBSTANCE TO BE MINED IL . G. Everist, Inc . 7321 E . 88th Ave, Suite 200 I Henderson, CO 80640 ADJOINING LANDOWNERS within 200 feet of permit area I Acord St Vrain Valley Ranch LLC MCHale, Lawrence a & Jill C\0 Herbert Acord 270 Honeysuckle Ln 7541 CR 26 . 75 Oliver Springs, TN 37840 Longmont, CO 80504 I Onorato, Kenneth L & Jacqueline M Central Weld Co Water District 7512 CR 26 2235 2nd Ave . Longmont, CO 80504 I Greeley, CO 80631 Timko, Joseph T Jr & Judith A Firestone Town of 7095 Rd 26 3/4 P 0 Box 100 Longmont, CO 80501 I Firestone, CO 80520 Varra, Pasquale & Jacqueline H & J Property LLC 8120 Gage St Nelson & La Vern June Frederick, CO 80516 I 11955 CR 15 Longmont, CO 80504 Vogl, Richard James & Johnny Ed- ward Haley, Terrence S & Lisa M 7250 CR 26 I 12840 CR 17 Longmont, CO 80504 Longmont, CO 80504 Weber, Joseph C & Carol J I L G Everist Incorporated P 0 Box 72 7321 E 88 Av #200 Golden, Co 80402 Henderson, CO 80640 I Lionshead Development LLC 729 Main St Windsor, CO 80550 IROW' s on or within 200 feet of permit line United Power Encana Oil I 500 Cooperative Way c/o Logan & Firmine, Inc . Brighton, CO 80603 3615 S . Huron, Suite 200 Englewood, CO 80110 Qwest Communications I Att : ROW Sinclair Pipeline CO. 1801 California Rocky Mountain District Denver, CO 80202 P .O. Box 185 Sinclair, WY 82334 I Tri-State Generation & Transmis- sion Last Chance Ditch Company 1100 West 116th Ave c/o Harold E . Nelson I Westminster, CO 80234 11955 WCR 15 Longmont, CO 80501 Kerr-McGee Oil & Gas Onshore LP 1999 Broadway Suite 3600 ' Denver, CO 80202 I25 1 Exhibit P MUNICIPALITIES WITHIN TWO MILES 1 The following towns are within two miles of this site . 1 Town of Firestone 151 Grant Ave . P. O. Box 100 Firestone, CO 80520 (303) 833-3291 Town of Frederick 1 401 Locust Street P.O. Box 425 Frederick, CO 80530 (303) 833-2388 1 Town of Mead 441 Third Street 1 P .O. Box 626 Mead, CO 80420 (970) 535-4477 1 i 1 1 1 1 1 1 i 1 1 26 EXHIBIT Q NOTICE TO COUNTY COMMISSIONERS NOTICE OF FILING FOR COLORADO MINED LAND RECLAMATION PERMIT ' FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATIONS NOTICE TO THE BOARD OF COUNTY COMMISSIONERS Weld COUNTY L. G. Everist, Incorporated (the "Applicant/Operator") has applied for an amendment to their Firestone Gravel Resource regular (112) ' reclamation permit from the Colorado Mined Land Reclamation Board ("the Board") to conduct an extraction of construction materials operation in Weld County. The attached information is being ' provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Colorado Division of Reclamation, Mining & Safety ("the Division") and the local county clerk and recorders office . The applicant proposes to reclaim the land to ponds & rangeland. Pursuant to C .R. S . 34-32 . 5-116 (4) (m) , C .R. S . , the Board may ' confer with the local Board of County Commissioners before approving the post-mining land use . Accordingly, the Board would appreciate your comments on the proposed operation . Please note ' that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments to the application within twenty (20) days of the date of last publication notice pursuant to Section 34-32 . 5-112 (10) , C .R. S . ' If you would like to discuss the proposed post-mining land use, or any other issue regarding this application, please contact ' Division of Reclamation, Mining & Safety, 1313 Sherman St . , Room 215, Denver, CO 80203, (303) 866-3567 . L .G. Everist, Incorporated. (INSERT DATE) 1 ' Hand Delivered 27 EXHIBIT Q (cont.) NOTICE TO SOIL CONSERVATION DISTRICT NOTICE OF FILING FOR COLORADO MINED LAND RECLAMATION PERMIT t FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATIONS NOTICE TO THE BOARD OF SUPERVISORS OF THE LOCAL SOIL CONSERVATION DISTRICT ' Platte Valley DISTRICT L .G. Everist, Incorporated (the "Applicant/Operator") has applied for an amendment to their Firestone Gravel Resource regular (112) ' reclamation permit from the Colorado Mined Land Reclamation Board ("the Board") to conduct an extraction of construction materials operation in Weld County. The attached information is being ' provided to notify you of the location and nature of the proposed operation . The entire application is on file with the Colorado Division of Reclamation, Mining & Safety ("the Division") and the local county clerk and recorders office . The applicant proposes to reclaim the land to a ponds and range- land. Pursuant to C .R. S . 34-32 . 5-116 (4) (m) , C .R. S . , the Board ' may confer with the Board of the local Soil Conservation District before approving the post-mining land use . Accordingly, the Board would appreciate your comments on the proposed operation. ' Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments to the application within twenty (20) days of the date of last publication notice pursuant to Section 34-32 . 5-112 (10) , ' C .R. S . If you would like to discuss the proposed post-mining land use, ' or any other issue regarding this application, please contact Division of Reclamation, Mining & Safety, 1313 Sherman St . , Room 215, Denver, CO 80203, (303) 866-3567 . L. G. Everist, Incorporated (INSERT DATE) 1 I 28 1 EXHIBIT R ' PROOF OF FILING WITH COUNTY CLERK AND RECORDER January 5, 2010 Weld County Clerk to the Board Board of County Commissioners Office 915 Tenth St . Greeley, Colorado 80631 ' Re : Amendment of a Mined Land Reclamation Permit ' Dear Sir/Madam: We are delivering to you here with an amendment to our approved permit application for the Firestone Gravel Resource (permit # M-1996- 052) operated by L. G. Everist, Incorporated. Two copies of the amendment application are on file with the Division of Reclamation, Mining & Safety. ' This copy of the amendment application is delivered to you pursuant to 34-32 . 5-112 (9) (a) , Colorado Revised Statutes 1995, as amended, which states in part : .... the applicant shall place a copy of such application for public inspection at the office of the Board and Office of the County Clerk and Recorder of the county in which the affected land is located. t This book must be kept for public review until the amendment has been approved by the Division . We will contact you once it is and make arrangements to pickup this copy. Please acknowledge receipt of the copy of the permit amendment by signing in the appropriate space provided below and returning one copy of this letter to the person delivering the book. This will be submitted to the Division of Reclamation, Mining & Safety to prove the ' amendment book was delivered to your office . Yours truly, ENVIRONMENT, INC . Stevan L . O ' Brian enclosure 1 RECEIVED THIS DAY OF , 2010, one copy of an application amendment packet for above referenced mine. Weld County Clerk to the Board ' By ' 29 I EXHIBIT S PERMANENT AND MAN-MADE STRUCTURES IWe are preparing Structure Agreements for the structures listed in this exhibit and expect to have them in the next 30 to 60 days . I Copies of the completed agreements will be provided to Division when they are received. No mining will take place within 200 feet of any structure until an agreement is complete or a Geotechnical Stability analysis is prepared for any structure . I This list represents the permanent man-made structures within 200 feet of or on the new permit area . Some offsite structures are within 200 feet of the permit area but not within 200 feet of an area to be mined. These structures are noted on the list with an * behind them. I WITHIN 200 FEET OF PERMIT AREA I Central Weld Co Water District Terrence S & Lisa M Haley Water line, Sewer line, House, garage, barn, 3- building, chainlink fence sheds, wire fences I H & J Property LLC Pasquale & Jacqueline Varra Harold E . & LaVern J. Nelson House*, 4 strand wire Wire fences, 1-House fences I Joseph T, Jr & Judith A Timko Joseph C & Carol J Weber Three wire fence, 2- Houses Cemetery, wire fence I Acord St Vrain Valley Ranch LLC Lionshead Development LLC Wire fences, house, barn, House, block building, wire wood shed, garage fence I Weld County Commissioners Richard J & Johnny E Vogl County Roads 15, 26, & House*, 3 sheds, barn, 26 . 75 fences ' * not within 200 feet of mined area I ROW' s on or within 200 feet of permit line United Power Kerr-McGee Oil & Gas Onshore LP Powerlines around site 3-Oil/gas wells, 4-Oil and I Gas Flow lines, 2-4x6 Q west Communications sheds, 2-storage tanks, 3- Telephone lines around site gas separators I Tri-State Generation & Transmission Sinclair Pipeline Co . Underground Powerline 2 - gaslines Encana Oil Last Chance Ditch Company I 11-Oil/gas wells, 11-Oil 2- irrigation ditches (Last and Gas Flow lines, 7-stor- Chance, Sidehill Ditch) age tanks, 6-gas separa- ' tors, 1-4x4 shed I 30 ' L.G. EVERIST, INC. CORPORATE OFFICE 300 S.PHILLIPS AVE.•SUITE 200 P.O.BOX 5829 IEt _ SIOUX FALLS,SD 57117-5829 PHONE 805-3345000 FAX 605-334-3656 ' MOUNTAIN DIVISION 7321 E.88TH AVENUE•SUITE 200 HENDERSON,COLORADO 80640 303-287-9606 December 22, 2009 FAX 303-289-1348 I Gilbert P. Acord Acord St Vrain Valley Ranch LLC I 7541 CR 26.75 Longmont, CO 80504 I RE: Damage Reimbursement Agreement L.G. Everist, Inc. -Firestone Gravel Resource,Permit#M-1996-062 Dear Mr. Acord: I L.G. Everist IncInc., is making an amendment to their Colorado Mined Landiteclamation(MLR) permit to extract construction materials from a tract of land located in Parts of Section 32, T-3-N, R-67-W, 6th P.M-, IWeld County, Colorado. State MLR law requires the permit applicant to agree to reenbursethe owner of any structures within 200 feet of the mining area for damage done to the structures as tkresulibf tba'permitted operation. We I believe the Acord St Vrain Valley Ranch LLC owns the structures listedbelow. According to the MLR law your signature on this agreement must be notarized. I L.G. Everist, Inc. agrees to reimburse Acord StVisin Valley Ranch LLC for any damage done to the structures listed below as a result of the proposed ndning operation. Your acknowledging signature and a notary seal in the spaces provided below should satisfy the MLR law reimbursement requirement. I Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned the executed agreement to us. We have also enclosed a second copy of this letter that you may keep for your files. Thank you for your cooperation. I Sincerely, ACKNOWLEDGED BY: Acord St Vrain Valley Ranch LLC Z ig By ILynn Mayer Shults Title Regulatory Manager ISTATE OF ) CC: ) ss I Division of Reclamation, Mining & Safety COUNTY OF _ ) The forgoing was acknowledged, subscribed Structure list I Garage, House, wood shed, barn, fences and sworn to before me, a Notary Public, this day of By •I Notary Public ' My commission expires: /' IFIRE-StructureLtrs-Dec2009.doc•via Certified Mail# !�Z o0& ooU�P trio, 4 2 7 PUBLIC NOTICE ' PUBLISHED NOTICE OF APPLICATION AMENDMENT FILING FOR A REGULAR (112) CONSTRUCTION MATERIALS RECLAMATION PERMIT ' L. G. Everist, Incorporated has filed an application amendment to their Reclamation Permit with the Colorado Mined Land Reclamation Board under the provisions of the Colorado Mined Land Reclamation Act for the extraction of construction materials . The proposed mine is known as Firestone Gravel Resource and is located in parts of Section 32, T-3-N, R-67-W, 6th Principal Meridian, Weld County, Colorado . The proposed date of commencement for the new area is 2011 and ' the proposed date of completion December 2045 . The proposed future use of the land is ponds and rangeland. Additional information and the tentative decision date may be obtained from the Division of Reclamation, Mining & Safety, 1313 Sher- man St . , Suite 215, Denver, CO 80203 (303) 866-3567, or at the Weld County Clerk and Recorders office, 915 Tenth St . , Greeley, Colorado 80631, or the above named applicant . ' Comments must be in writing and must be received by the Division of Minerals and Geology by 4 : 00 p.m. on 2010 . Please note that comments related to noise, truck traffic, hours of operation, visual impacts, effects on property values and other social or economic concerns are issues not subject to this Office's jurisdiction. These subjects and similar ones, are typically addressed by your local governments, rather that the Division of Reclamation, Mining & Safety or the Mined Land Reclamation Board. L.G. Everist, Inc. Henderson, Colorado First Publication: Second Publication: Third Publication: Last Publication: Published in: 32 Epviropwent, IPC. ' LARRY E.O'BRIAN 7985 VANCE DRIVE, SUITE 205A FOUNDER ARVADA, COLORADO 80003 NOTICE 303-423-7297 FAX 303-423-7599 This site is the location of a proposed construction materials operation known as the Firestone Gravel Resource. L.G. Everist, Incorporated, whose address and phone number is 7321 E. 88th Ave, Suite 200, Henderson, CO 80640, (303 ) 287-9606 , has applied for ' an amendment to a Regular Reclamation Permit with the Colorado Mined Land Reclamation Board. Anyone wishing to comment on the application may view the application at the Weld County Clerk to ' the Board, Board of County Commissioners office, 915 Tenth Street, Greeley, CO. 80631, and should send comments prior to the end of the public comment period to the Division of Reclamation, Mining & Safety, 1313 Sherman St, Room 215 , Denver, CO 80203 . ' Certification I, c5/a.Je ©ierevA- 1 , hereby certify that I posted a sign containing the above notice for the proposed permit area known as the Firestone Gravel Resource, on JRNVAI3-Y f t , 2010 . Signature Date L.G.il A EVERIST, INC. CORPORATE OFFICE 300 S.PHILLIPS AVE.•SUITE 200 P.O.BOX 5829 I hi SIOUX FALLS,SD 57117-5829 PHONE 605-FALLS, D 00 FAX 605-334-3656 MOUNTAIN DIVISION I 7321 E.88TH AVENUE•SUITE 200 HENDERSON,COLORADO 80640 303-287-9606 December 22, 2009 FAX 303.289-1348 ' Central Weld County Water District Attn: Board Members 2235 2nd Ave ' Greeley, CO 80631 RE: Damage Reimbursement Agreement IL.G. Everist, Inc. - Firestone Gravel Resource, Permit# M-1996-052 Dear Board Members: I L.G. Everist, Inc., is making an amendment to their Colorado Mined Land Reclamation (MLR) permit to extract construction materials from a tract of land located in Parts of Section 32, T-3-N, R-67-W, 6th P.M., Weld County, Colorado. ' State MLR law requires the permit applicant to agree to reimburse the owner of any structures within 200 feet of the mining area for damage done to the structures as a result of the permitted operation. We believe Central Weld County Water District owns the structures listed below. According to the MLR law Iyour signature on this agreement must be notarized. L.G. Everist, Inc. agrees to reimburse Central Weld County Water District for any damage done to the I structures listed below as a result of the proposed mining operation. Your acknowledging signature and a notary seal in the spaces provided below should satisfy the MLR law reimbursement requirement. Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped I addressed envelope so you can returned the executed agreement to us. We have also enclosed a second copy of this letter that you may keep for your files. Thank you for your cooperation. I Sincerely, tJ��J� WLE ACKNODGED BY: /J��y� iL Central Weld County Water District ILynn M. Shults Title General Adman- Regulatory Manager `., I STATE OF ColoradD ) CC: ) ss. Division of Reclamation, Mining & Safety COUNTY OF Wald ) IThe forgoing was acknowledged, subscribed Structure list: and sworn to before me, a Notary Public, Water line, building, sewer line, chainlink fence this 29 day of Drsernbee - 2OO9 . IBy John w. La.drl nn . INotary Public R Iu' &a/I.t.La-' My commission expires: s-a-20/3 I ' FIRE-Structureltrs-Oec2009.doc-via Certified Mail# 7OOe. *Gib QO0Lo that 933 Z ' L.G. EVERIST, INC. I CORPORATE OFFICEIM 3005.P 5829SAVE.-SUITE 200 P.O.BOX 5829 ' SIOUX FALLS,SD 57117-5829 PHONE 605-334-5000ALL FAX 605-334-3656 MOUNTAIN DIVISION I 7321 E.88TH AVENUE•SUITE 200 HENDERSON,COLORADO 80640 303-287-9606 December 22, 2009 FAX 303-289-1348 ' Joseph C &Carol J Weber P O Box 72 IGolden, CO 80402 RE: Damage Reimbursement Agreement L.G. Everist, Inc.-Firestone Gravel Resource, Permit#M-1996-052 IDear Mr. and Mrs. Weber: I L.G. Everist, Inc., is making an amendment to their Colorado Mined Land Reclamation (MLR) permit to extract construction materials from a tract of land located in Parts of Section 32, T-3-N, R-67-W, 6th P.M., Weld County, Colorado. I State MLR law requires the permit applicant to agree to reimburse the owner of any structures within 200 feet of the mining area for damage done to the structures as a result of the permitted operation. We believe Joseph C &Carol J Weber own the structures listed below. According to the MLR law your Isignature on this agreement must be notarized. L.G. Everist, Inc. agrees to reimburse Joseph C & Carol J Weber for any damage done to the structures listed below as a result of the proposed mining operation. Your acknowledging signature and a notary Iseal in the spaces provided below should satisfy the MLR law reimbursement requirement. Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned the executed agreement to us. We have also enclosed a Isecond copy of this letter that you may keep for your files. Thank you for your cooperation. Sincerely, ACKNOWLEDGED BY: Joseph C & Carol J Weber By �,C L34R^ -cam >Klicelam c. I Lynn M. Shults Title Ow -i ea�>n/ Regulatory Manager I // CC: STATE OF At 6-' 4-24--/) ) Division of Reclamation, Mining & Safety �' / ) ss. ' COUNTY OF GLC�L.rt.-)11,,L. ) Structure list: • "•'•••••. The forgoing was acknowledged, subscribed Cemetery, wire fence �1H14 and sworn to befo e me, a Notary Public, I (VyHOTA 'T., *. thiss�/ 5 day of /t k-I4c,L,ul o /C L �� By 1"rLirin-144_x.(--;11t.C{�[�zzt, . ' \(JBLIC /j v ':�4G1a Notary Public I My commission expires: ,4,_//0 6/ IFIRE-StructureLtrs-Dec2009.doc-via Certified Mail# 7i'2 6 act 18105 y296— STATE OF COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver,Colorado 80203 npv Phone: (303)866-3567 FAX:(303)832-8106 Bill Ritter,Jr. Governor Notice of 112 Construction Materials Harris D.Sherman Executive Director Reclamation Permit Amendment Application Consideration Ronald W.Cattany Division Director Natural Resource Trustee DATE: January 25,2010 TO: Weld County Commissioners County Commissioner 915 10th St Greeley, CO 80631 jp/A e-es FROM: Eric C. Scott, Environmental Protection Specialist RE: L.G. Everist, Inc., Firestone Gravel Resource, Permit No. M-1996-052 Please be advised that on January 22, 2010, L.G. Everist, Inc., whose address and telephone number are 7321 E 88th Ave., Suite 200 , Henderson, CO 80640; (303) 287-4656, filed an Amendment application to M-1996-052, Firestone Gravel Resource, which is located at or near Section 32, Township 3N, Range 67W, 06th Prime Meridian, in Weld County. The application decision is scheduled for April 22,2010. A copy of the application is available for review, unless you receive a CD, at the Weld County Clerk & Recorder's office and at the office of the Division of Reclamation, Mining and Safety, Room 215, 1313 Sherman Street, Denver, Colorado 80203. If you desire to make comments or objections of the mine plan and/or the reclamation plan, they must be submitted within twenty(20) days of the date of the last newspaper public notice to be considered in the application review process by the Division. You should contact the applicant for the newspaper publication date. If we do not receive your comments or any objection by the end of the public comment period, the Office will assume you have no objection or comment to the proposed activity. • • I � _y'C1 (- .r )C.-r Office of Office of Mined Land Reclamation Denver • Grand junction • Durango Active and Inactive Mines . STATE OF COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources 1313 Sherman Si,Room 215 Denver,Colorado 80203 COLORADO Phone:(303)866-3567 CONSTRUCTION MATERIALS DIVISION RECLAMATION FAX:(303)8324106 REGULAR(112)OPERATION MINING RECLAMATION PERMIT APPLICATION FORM SAFETY Bill Ritter,Jr. Governor CHECK ONE: ElThere is a File Number Already Assigned to this Operation Harris D.Sherman Pe r' M - - (Please reference the file number currently assigned to this operatio$ecauve Director tli New Application(Rule 1.4.5) .1•. Amendment Application(Rule 1.10) Ronald w.Caftan's' Division Director Er Conversion Application(Rule 1.11) Natural Resource Trustee 052 (provide for Amendments and C o f o its) Permit# hf .1996_ �P,V., W. Conversions.. existing permits) The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts:(I)the application form;(2)Exhibits A-S,Addendum 1,any sections of Exhibit 6.5(Geotechnical Stability Exhibit;and(3)the application fee. When you submit your application, be sure to include one(1) complete signed and notarized ORIGINAL and one (1)copy of the completed application form,two(2)copies of Exhibits A-S,Addendum 1,appropriate sections of 6.5(Geotechnical Stability Exhibit,and a check for the application fee described under Section(4)below. Exhibits should NOT be bound or in a 3-ring binder;maps should be folded to 8 1/2"X I I"or 8 1/2"X 14"size. To expedite processing,please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly,in the space provided,ALL information requested below. 1. Applicant/operator or company name(name to be used on permit): L.G. Everist, Incorporated 1.1 Type of organization(corporation,partnership,etc.): Corporation 2. Operation name(pit,mine or site name): Firestone Gravel Resource 105permitted29 acres 3.1 Change in acreage(+) 261.41 acres 3.2 Total acreage in Permit area 366.70 acres 4. Fees: 4.1 New Application W 09690.• application fee 4.2 New Quarry Application 49342:00• quarry application 4.4 Amendment Fee $2,229.00 amendment fee 4.5 Conversion to 112 operation(set by statute) $E:696t00, conversion fee 5. Primary commoditie(s)to be mined: Gravel Sand 5.1 Incidental commoditie(s)to be mined: I. - lbs/Tons/yr 2. / lbs/Tons/yr 3. / lbs/Tons/yr 4. / lbs/Tons/yr 5. / lbs/Tons/yr 5.2 Anticipated end use of primary commoditie(s)to be mined: Specification aggregates and fill 5.3 Anticipated end use of incidental commoditie(s)to be mined: 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: L.G. Everist, Incorporated If 2 or more owners,"refer to Exhibit O". 7. Name of owner of surface of affected land: L.G. Everist, Incorporated 8. Type of mining operation: ! Surface U Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN(check onc): I 1 6th(Colorado) 10th(New Mexico) _a Ute SECTION(write number): S 32 r�—� 1� t' TOWNSHIP(write number and check direction): T 3 e. ' North u South RANGE(write number and check direction): R 67 El East El West QUARTER SECTION(check one): Er ticiSW QUARTER/QUARTER SECTION (check one): Ei NE NW Sk SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): Approximately 4.7 miles northeast of downtown Firestone, CO. Approx. Elevation 4810 10. Primary Mine Entrance Location(report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (N) 39° 44' 12.98" (W) 104° 59' 3.87" Latitude(N): deg 40 min 10 sec 41 26 (2 decimal places) Longitude(W): deg 104 min 55 sec 23 51 (2 decimal places) OR Example: (N) 39.73691° (W) -104.98449° Latitude(N) (5 decimal places) Longitude(W) (5 decimal places) OR Universal Tranverse Mercator(UTM) Example: 201336.3 E NAD27 Zone 13 4398351.2 N UTM Datum(specify NAD27,NAD83 or WGS 84) WGS $4 Zone 13 Easting Northing -3- 11. Correspondence Information: APPLICANT/OPERATOR (name,address,and phone of name to be used on permit) Contact's Name: Dennis L. Fields Title: Vice President Company Name: L.G. Everist, Inc. Street/P.O.Box: 7321 E 88th Ave., Suite 200 P.O.Box: City: Henderson State: CO "Gip Code: 80640 Telephone Number: (303 )_ 2874656 Fax Number: (303 1- 289-1348 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Steve O'Brian Title: President Company Name: Environment, Inc Street/P.O.Box: 7985 Vance Dr. #205A P.O.Box: City: Arvada State: CO Zip Code: 80003 Telephone Number: j 303 )- 423-7297 Fax Number: j 303 )_ 423-7599 INSPECTION CONTACT Contact's Name: Lynn M. Shuits Title: Regulatory Manager Company Name: L.G. Everist, Inc. Street/P.O.Box: 7321 E 88th Ave., Suite 200 P.O.Box: City: Henderson State: CO Zip Code: 80640 Telephone Number: (303 )_ 286-2247 Fax Number: f 303 )- 289-1348 CC: STATE OR FEDERAL LANDOWNER(if any) Agency: Street: City: State: Zip Code: Telephone Number: ( _ )- CC: STATE OR FEDERAL LANDOWNER(if any) Agency: Street: City: State: Zip Code: Telephone Number: j )- -4- 12. Primar future(Post-mining)land use(check one): �( O Cropland(CR) Pastureland(PL) _!„�{ General Agriculture(GA) Rangeland(RL) _ElForestry(FR) Wildlife Habitat(WL) Residential(RS) Recreation(RC) industrial/Commercial(1C) flDeveloped Water Resources(WR) _El Solid Waste Disposal(WD) 13. Primary present land usefcheck one : II Cropland(CR) Pastureland(PL) General Agriculture(GA) II Rangeland(RI,) Forestry(FR) Wildlife Habitat(WL) EResidential(RS) _ Recreation(RC) II Industrial/Commercial(IC) Developed Water Resources(WR) 14. Method of Mining: Briefly explain mining method(e.g.truck/shovel): Dozer and front end loaders remove material and load to conveyor for hauling to processing plant. 15. On Site Processing: ✓ Crushing/Screening 13.1 Briefly explain mining method(e.g.truck/shovel): Material is processed into specification aggregates using crushers, and screen plants List any designated chemicals or acid-producing materials to be used or stored within permit area: None 16. Description of Amendment or Conversion: If you arc amending or converting an existing operation,provide a brief narrative describing the proposed change(s). This amendment adds 261.41 acres to the permit area. The mining methods do not change. The reclamation plan is changed to develop the area as ponds and range land. The reclamation methods do not change and the primary access remains as currently approved. This amendment increases the reserves of gravel in the mine and the life of the mine. -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 arc 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)(b): EXHIBIT A Legal Description EXHIBIT B Index Map EXHIBIT C Pre-Mining and Mining Plan Map(s)of Affected Lands EXHIBIT D Mining Plan EXHIBIT E Reclamation Plan EXHIBIT F Reclamation Plan Map EXHIBIT G Water Information EXHIBIT H Wildlife Information EXHIBIT I Soils Information EXHIBIT J Vegetation Information EXHIBIT K Climate Information EXHIBIT L Reclamation Costs EXHIBIT M Other Permits and Licenses EXHIBIT N Source of Legal Right-To-Enter EXHIBIT O Owners of Record of Affected Land(Surface Area)and Owners of Substance to be Mined EXHIBIT P Municipalities Within Two Miles EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Conservation District EXHIBIT R Proof of Filing with County Clerk or Recorder EXHIBIT S Permanent Man-Made Structures Rule 1.6.2(I)(b) ADDENDUM 1 -Notice Requirements(sample enclosed) Rule 6.5 Geotechnical Stability Exhibit(any required sections) The instructions for preparing Exhibits A-S,Addendum 1,and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule 1.6.2(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 not understand these obligations then please contact this Office for a full explanation. �. 1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; -6- -D± 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 j contained in the application or your permit misrepresent important material facts; 1 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties,to you as permittee can result; 7)i 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; il 5. It is your responsibility to notify the Office of any changes in your address or phone number; 6. Upon permit issuance and prior to beginning on-site mining activity,you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information(Rule 3.1.12): a. the name of the operator; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board;and, c. the permit number. 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. i8. 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. 4^�) 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 1,1995,the annual fee is for the period ofJuly 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as the permittee,to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. NA 10. For joint venture/partnership operators:the signing representative is authorized to sign this document and a power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application. -7 - NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions,changes,and deletions to this document prior to final decision by the Office. Therefore,if you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what changes may have been made to the application document. The Office is not allowed to consider comments,unless they are written,and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process,you may contact the Office at(303) 866-3567. - 8 - Certification: As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1. To the best of my knowledge,all significant,valuable and permanent man-made structure(s)in existence at the time this application is filed,and located within 200 feet of the proposed affected area have been identified in this application (Section 34-32.5-115(4)(e),C.R.S.). 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115(4)(f),C.R.S.; 3. As the applicant/operator,I do not have any extraction/exploration operations in the State of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section 34-32.5-120, C.R.S.) as determined through a Board finding. 4. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 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,CR.S.,of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to section 34-32.5-123, C.R.S. '441/4- Signed and dated this CO day of ABU 2,X , 8O I D L.G. Everist, Incorporated If Corporation Attest(Seal) Applicant/Operator or Company Name Signed: ,/ o� �..<� � - - Signed: Corporate Secretary or Equivalent Title: Vice President z� Town/City/County Clerk State of C-5NJ5RAl)o ) )ss. County of AlY�lvtS The foregoing instrument was acknowledged before me this (j" day of -J AA.i UAc,-Y 23ot,y Dennis L. Fields as Vice President of L.G. Everist, Incorporated LYNN MAYER SHULTS Notary ublic NOTARY PUBLIC STATE OF COLORADO My Commission expires: bi 0E.--O,O13 SIGNATURES MUST BE IN BLUE INK You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a Exhibit A LEGAL DESCRIPTION EXISTING PERMIT Parts of the NE 4SWi, SW 4SW 4, NW aNWk, NEkNW'I, SE 4NW a and SW4NWa of Section 32, Township 3 North, Range 67 West, 6th P.M. , Weld County, Colorado, containing 105 . 29 ac. permit area NEW AREA The SW nNE a, NW aSE a, & SE4SW'4 and Parts of the NW aNE a, SW 4SEk, NE'SWk, SW 4SW 4, and SE aNW'a, of Section 32, Township 3 North, Range 67 West, 6th P.M. , Weld County, Colorado, containing 261 . 41 acres ±. Total permit area 366 . 70 acres ± . Mine Entrance: 40°10' 41 . 26"N, 104°55' 23 . 51"W WGS84 1 I I e y;/ ; { J.. I {. GI{4anrl . - I / I . . / I 1 // •,. •i i r f • • 4 • t a'• is a • t I •. /• 4 • �t �•fai 11:4I•li /• , i w. / t: ' ! r j _ •I g• I ��` Ii; • • • aev C fv.R• 'r IS 4+4 • ' I / • s . •I fy t • r' . 11agneti,:E r:IU7dt:on - 1 i Y • Name GOWANDA Location 040' 11'08 58"N 104•54'55 69"W WGS84 Date.2125/2009 Scale' 1 inch equals 2000 feet LG Everist, Inc. - Firestone Gravel Resource Map Exhibit B - Vicinity Map Coy,ul :C i 20D8,My I.4M Hello