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HomeMy WebLinkAbout20102212.tiff i lAl t. Utt LULlJIVA1JU 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 V LAMATION FAX:(303)832-8106 REGULAR(112)OPERATION MIN ING RECLAMATION PERMIT APPLICATION FORM SAFETY Bill Ritter,Ir. CHECK ONE: ❑✓ There is a File Number Already Assigned to this Operation Governor 2,010 055 w Harris D.Sherman Pe #M-- (Please reference the file number currently assigned to this operatiom)ecutive Director / 1 ' I New Application(Rule 1.4.5) Amendment Application(Rule 1.10) Ronald W.Cattany _rmlDivision Director uConversion Application(Rule 1.11) Natural Resource Trustee Permit# M - - - (provide for Amendments and Conversions of existing permits) The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts: (1)the application form;(2)Exhibits A-S,Addendum 1,any sections of Exhibit 6.5(Geotechnical Stability Exhibit;and(3)the application fee. When you submit your application, be sure to include one (1) complete signed and notarized ORIGINAL and one (1) copy of the completed application form,two(2)copies of Exhibits A-S,Addendum 1,appropriate sections of 6.5(Geotechnical Stability Exhibit,and a check for the application fee described under Section(4)below. Exhibits should NOT be bound or in a 3-ring binder;maps should be folded to 8 1/2"X 11"or 8 1/2"X 14"size. To expedite processing,please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly,in the space provided,ALL information requested below. 1. Applicant/operator or company name(name to be used on permit): Konig Ag Co. 1.1 Type of organization(corporation,partnership,etc.): Corporation 2. Operation name(pit,mine or site name): Konig Borrow Pit 350 permitted acres 3.1 Change in acreage(+) acres 3.2 Total acreage in Permit area 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: Fill Dirt 5.1 Incidental commoditie(s)to be mined: 1. - Ibs/Tons/vr 2. / lbs/Tons/yr 3. / lbs/Tons/yr 4. / lbs/Tons/yr 5. / lbs/Tons/yr 5.2 Anticipated end use of primary commoditie(s)to be mined: fill dirt will be used for sub-surface of roads for oil and gas operations 5.3 Anticipated end use of incidental commoditie(s) to be mined:• �W � (D 2010-2212 Office of (Fri i -/O Office of Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines -2- 6. Name of owner of subsurface rights of affected land: Michael Konig If 2 or more owners, "refer to Exhibit O". 7. Name of owner of surface of affected land: Michael Knoig 8. Type of mining operation: Surface Underground 9. Location Information: The center of the area where the majority of mining will occur COUNTY: Weld PRINCIPAL MERIDIAN (check one): El 6th(Colorado) El 10th(New Mexico) [1 Ute SECTION (write number): S 11 TOWNSHIP(write number and check direction): T 10 n North a South RANGE(write number and check direction): R 62 _ East 1-1 West QUARTER SECTION (check one): ❑ E I 1 O E El SW QUARTER/QUARTER SECTION (check one): Ell NE I NW I SE SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): The site is located 3.5 miles southwest of Grover, Colorado. The approximate elevation is 5090 feet. 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 51 sec 13 00 (2 decimal places) Longitude(W): deg 104 min 17 sec 49 00 (2 decimal places) OR Example: (N) 39.73691° (W) -104.98449° Latitude(N) (5 decimal places) Longitude(W) (5 decimal places) OR Universal Tranverse Mercator(UTM) Example: 201336.3 E NAD27 Zone 13 4398351.2 N UTM Datum(specify NAD27,NAD83 or WGS 84) Nad 83 Zone 13 Easting Northing - 3 - II. Correspondence Information: APPLICANT/OPERATOR (name,address,and phone of name to be used on permit) Contact's Name: Joel and Michael Konig Title: Owners Company Name: Konig Ag Co. Street/P.O. Box: 37231 Hwy. 14 P.O. Box: City: Briggsdale State: CO Zip Code: 80611 Telephone Number: (970 )_ 656-3657 or(970) 590-5061 Fax Number: ( )- PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Chris Rundall Title: Project Manager Company Name: Baseline Engineering Corp. Street/P.O. Box: 1536 Cole Blvd., Suite 220 P.O. Box: City: Golden State: CO Zip Code: 80401 Telephone Number: (303 )_ 940-9966x208 Fax Number: (303 )- 940-9959 INSPECTION CONTACT Contact's Name: Same as operator Title: Company Name: Street/P.O. Box: P.O. Box: City: State: Zip Code: Telephone Number: ( )- Fax Number: ( )- 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) 11 Pastureland(PL) FT General Agriculture(GA) 11 Rangeland(RL) 11 Forestry(FR) Wildlife Habitat(WL) illResidential(RS) El Recreation(RC) Industrial/Commercial(IC) ElDeveloped Water Resources(WR) 11 Solid Waste Disposal(WD) 13. Primary present land use(check one : Fl Cropland(CR) �I"'•�l Pastureland(PL) General Agriculture(GA) fi Rangeland(RL) I�J'"� Forestry(FR) Wildlife Habitat(WL) Residential(RS) l l Recreation(RC) II Industrial/Commercial(IC) Developed Water Resources(WR) 14. Method of Mining: Briefly explain mining method(e.g. truck/shovel): Loader and haul truck 15. On Site Processing: Crushing/Screening 13.1 Briefly explain mining method(e.g. truck shovel): N/A List any designated chemicals or acid-producing materials to be used or stored within permit area: N/A 16. Description of Amendment or Conversion: If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s). N/A -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(1x6): EXHIBIT A Legal Description EXHIBIT B Index Map EXHIBIT C Pre-Mining and Mining Plan Map(s)of Affected Lands EXHIBIT D Mining Plan EXHIBIT E Reclamation Plan EXHIBIT F Reclamation Plan Map EXHIBIT G Water Information EXHIBIT H Wildlife Information EXHIBIT I Soils Information EXHIBIT J Vegetation Information EXHIBIT K Climate Information EXHIBIT L Reclamation Costs EXHIBIT M Other Permits and Licenses EXHIBIT N Source of Legal Right-To-Enter EXHIBIT O Owners of Record of Affected Land(Surface Area)and Owners of Substance to be Mined EXHIBIT P Municipalities Within Two Miles EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Conservation District EXHIBIT R Proof of Filing with County Clerk or Recorder EXHIBIT S Permanent Man-Made Structures Rule 1.6.2(1)(6) ADDENDUM I -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 I.6.2(Ixb)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. it? 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- A _ (/ 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee T� 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; yk 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; A4. 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; 1k 5. It is your responsibility to notify the Office of any changes in your address or phone number, itt_ 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. 'te 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. /11 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. A- 9. Annually,on the anniversary date of permit issuance,you must submit an annual fee as specified by Statute, and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date(if there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example,a permit with the anniversary date of July 1, 1995,the annual fee is for the period 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. /04 10. For joint venture/partnership operators:the signing representative is authorized to sign this document and a power of attorney (provided by the partner(s))authorizing the signature of the representative is attached to this application. - 7 - NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions,changes,and deletions to this document prior to final decision by the Office. Therefore,if you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what changes may have been made to the application document. The Office is not allowed to consider comments, unless they are written,and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process,you may contact the Office at(303) 866-3567. - 8 - Certification: As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: I. To the best of my knowledge,all significant,valuable and permanent man-made structure(s)in existence at the time this application is filed,and located within 200 feet of the proposed affected area have been identified in this application (Section 34-32.5-115(4Xe),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)0),C.R.S.; 3. As the applicant/operator,I do not have any extraction/exploration operations in the State of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section 34-32.5-120,C.R.S.)as determined through a Board finding. 4. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503,C.R.S. This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112,C.R.S.,of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to section 34-32.5-123,CR.S. Signed and dated this ( t day of C� pf wr f' c O I f 1C�Yyt q Ac Lc Ci . If Corporation Attest(Seal) Applicant/Optrator or Company Name Signed: / (T / Signed: --r(\(1 e, non( / Corporate Secretary or Equiv ent Title: Pf 2`)i('.Qr vi Town/City/County Clerk State of \1,1 .6'L&\J ) ss. County of a ) The foregoing instrument was acknowledged before me this ( day of El h‘ 1 n �j, by TV e_I tl0rli as PCPc, Id rt..t" of k0✓ , 1tc Co. '- otary ublic Commission Expires My Commission expires: Fphruary 2� 2012 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 proposed mining operation. The following is a sample of the Notice required for Rule 1.6.2(1)(6)that you may wish to use. NOTICE This site is the location of a proposed construction materials operation. (Name of the Applicant/Operator) Konig Ag Co whose address and phone number is(Address and Phone Number of the Applicant/Operator) " 31 '°a'g9sda'e,co 00611 pm 656 bn has applied for a Reclamation Permit with the Colorado Mined Land Reclamation Board. Anyone wishing to comment on the application may view the application at the(County Name) Weld County Clerk and Recorder's Office, (Clerk and Recorder's Office Address) 1402 N. 17th Ave, Greeley, CO 80631 and should send comments prior to the end of the public comment period to the Division of Reclamation, Mining, and Safety, 1313 Sherman St, Room 215, Denver, Colorado 80203. Certification: 1, C k``IS Ri tt p,(1.,I , hereby certify that I posted a sign containing the above notice for the proposed permit area known as the(Name of Operation) Ki c;, rrh.i ! , on (Date Posted) !/j 7,4 I J � /I .7 /o SIG TURE DATE NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR(112) CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF COUNTY COMMISSIONERS Weld COUNTY Kong Ag Co (the "Applicant/Operator") has applied for a Regular(1 12)reclamation permit from the Colorado Mined Land Reclamation Board(the "Board")to conduct the extraction of construction materials operations in Weld County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Reclamation, Mining,and Safety (the "Division") and the local county clerk and recorder. The applicant/operator proposes to reclaim the affected land to Pastureland use. Pursuant to Section 34-32.5-116(4)(m),C.R.S.,the Board may confer with the local Board of County Commissioners before approving of the post-mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application,you must submit written comments on the application within twenty (20) days of the date of last publication of notice pursuant to Section 34-32.5-112(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 the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567. NOTE TO APPLICAN I/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice of a change to a previously filed application you must either attach a copy of the changes, or attach a complete and accurate description of the change. NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR(112) CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF SUPERVISORS OF THE LOCAL CONSERVATION DISTRICT West Greeley Conservation DISTRICT Konig Ag Co (the"Applicant/Operator")has applied for a Regular(112)reclamation permit from the Colorado Mined Land Reclamation Board(the"Board")to conduct the extraction of construction materials operations in Weld County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Reclamation,Mining,and Safety (the "Division")and the local county clerk and recorder. The applicant/operator proposes to reclaim the affected land to Pastureland use. Pursuant to Section 34-32.5-I 16(4)(m), C.R.S., the Board may confer with the local Conservation Districts before approving of the post-mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application,you must submit written comments on the application within twenty (20) days of the date of last publication of notice pursuant to Section 34-32.5-112(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 the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver,Colorado 80203, (303) 866-3567. NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice of a change to a previously filed application you must either attach a copy of the changes, or attach a complete and accurate description of the change. AN EXAMPLE PUBLIC NOTICE WHICH MEETS THE REQUIREMENTS OF THE STATUTES IS SHOWN BELOW. THE BLANKS WHICH REQUIRE DATES WILL NEED TO BE FILLED IN ACCORDING TO THE FOLLOWING INSTRUCTIONS. PLEASE READ CAREFULLY. PUBLICATION INSTRUCTIONS: Date of commencement and date of completion should represent the dates which you feel most accurately describe the life of the operation. For all Regular(1 12)types of operations, this notice must be published once a week for four(4)consecutive weeks,starting within ten (10) days of the date the application is considered to be submitted to the Division. The final date for receiving comments is the 20th day after the fourth publication or the next regular business day. All notices must be published in a newspaper of general circulation in the locality of the proposed mining operation and mailed to the landowners as set forth in the Colorado Mined Land Reclamation Rules and Regulations. Since the date for consideration of your application may change, DO NOT include it in this notice. For a complete discussion of the notice procedures and objections, please refer to C.R.S. 34-32.5-112(10), 114 and 115. ***** PUBLIC NOTICE (Operator Name) Konig Ag Company ;(Address and Phone Number) 37231 Hwy 14.Briggsdale,Co 80611 has filed an application for a Regular(1 12) Construction Materials Operation Reclamation Permit with the Colorado Mined Land Reclamation Board under provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials. The proposed mine is known as the(Name of the Mine) Konig Borrow Pit , and is located at or near Section 11 , Township 10 , Range 62 6th Prime Meridian. The proposed date of commencement is ,and the proposed date of completion is . The proposed future use of the land is (Future Landuse) . Additional information and tentative decision date may be obtained from the Division of Reclamation,Mining,and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567, or at the (County Name) Weld County Clerk and Recorder's office; (Clerk and Recorder's Address) 1402 N.17th St.Greeley.Co 80631 , or the above-named applicant. Comments must be in writing and must be received by the Division of Reclamation, Mining,and Safety by 4:00 p.m.on(Final Date for Comments) Please note that under the provisions of C.R.S. 34-32.5-101 et seq. 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 than the Division of Reclamation, Mining, and Safety or the Mined Land Reclamation Board. M.\min\share\vsforms\07-07-01 vsfonns\Construction 112_doc 07/24/2007) Regular 112 Operation Reclamation Permit Application For the proposed Konig Borrow Pit Submitted to Colorado Division of Reclamation, Mining and Safety September 2010 Submitted by Michael and Joel Konig Konig Ag Co 37231 Hwy 14 Briggsdale, CO 80611 Prepared by: Baseline Corporation 1536 Cole Blvd., Suite 220 Golden, CO 80401 Rule 6.4.1 Exhibit A-Legal Description (1) The proposed Konig Borrow Pit is located on a site of approximately 35 acres roughly 3.5 miles southwest of Grover, Colorado in Section 11, Township 10 North, Range 62 West. The proposed borrow pit is more specifically located in the Northwest quarter of Section 11. (2) The coordinates for the location of the main entrance to the site are: 40° 51'13"N 104°17'49"W Rule 6.4.2 Exhibit B-Index Map The location of the site is shown on Map 1, Konig Borrow Pit-Index Map. This map shows the subject property in context with the surrounding area and its connection to roads in the area. HEREFORD SE QUADR „i. e.,. U.S. DEPARTMENT OF AGRICULTURE COLORADO-WELD C FOREST SERVICE 7.5-MINUTE SERIES (TOP(( '5/ '5tl 1659 17'30' 960 •61 2 340 000 FEET 962 R621.‘ • . 104' 15 33 i -+I ) �r r 1 IS 35 p % IY ) t • t \ 36 .1; @1 \ a. I t if �� .f ` Isom • eefl v EP,> ` is, T 1t N 1tl �16 I'...t. i. \--a. ..--- 'p / .r 1 +� - 1 \' `1'i 1�� fit. �ll r � ; (y I r rJ i, ® , . ., , it -,'„ -.i♦ "F YIMIer ♦�. ---, i (' t9ga 4 Jni • m?t ' ' 'y s .�; in / 1, / � 4Siji 2 . 1-.lab.. t { C"` FEET `\ r r r >! �! MA1 \ ` ` 1 54 1 c.---.2' is � n �, �.. \ a.� ?. il • 5014 - - "�J ' II 4 II i M 4 ,: CI _ ..',;. 1) ... I — — , iti lr \j-.fur �� • S SIN GIMP "I" C. • 023 Ak `i \\I E a cj \ ‘ , 1 1 t,) f S\`tJ I �1 •9 .r ' r L:silt 1 t � . I ^�- . • Y i t " IMPO 10 11 o 1 li \ �'` srr a n 1 `e 7. 4422 \ \ = 1 �Zy ..? , v., PROJECT LOCATION e wet �. O I li OJ ;( cM`--c, `� ilib 'a \ •fic4,31 11 7 — 44. {-sit\y.,_,Thitit1/4______ 1,4 --- a21 if (Cle--31 ' / N____C Xi) . \ /;II il . STh...., r......,.. . k 16 •t '�.�\ 16 `� a 21---.. i ill ) '' ' O -) it t I C' 0 � ' I �I' r a, 14' ,• ', -1-- --1 _ 1. - . 18 1 j CJf ` I 14:t V ,< sots `_ _ ...: \ c1HH v ��// �. �, I I X20 y _.. d- . Art:t: ' ' .. * :. -- - -- ��_ ...._-�. , ! . • ' • it . �� +sue <. i tic 5 .; PE-fr:-.6ll.\\ , \ :: V t. �: .n, i-1 ,, r 1 Nkj34;:.'ill r 21 22 ,Wum ! t k r Ttlnk• X919 23 . •� 24 ate tick Ywroidil 3"r. '‘ b. ( r - ç . ten 1 ' Tank wine a : Tank --�' r - - `11Matot ,tip N [--_,F® [AsELINE1536 COLE BLVD. SUITE 220 �' GOLDEN, CO 80401 Date o Sheet Number PH (3031 940-9966 FAX (303) 940-9959 - engineering corporation Dwg Scale O I =cluvu Fvlapl l 111'• I ("-• _ " O PI i o t 10 Project Name f BORROW W N Project No .. o � U _ � __ Rule 6.4.3 Exhibit C- Pre-Mining and Mining Plan Map (s) of Affected Lands The site is located in pasture land approximately 1/3 of a mile south of the intersection of Weld County Road 120 and Weld County Road 81. Several Maps have been included in this section in order to provide all of the required information: Map 2 - Assessor's Map, Map 3 — Existing Conditions Plan (Pre-Mining Map), Map 4 — Aerial Image Map, and Map 5 —Mining Plan Map. (a) Map 2 — Assessor's Map depicts all adjoining parcels and surface owners of record. (b) Map 3 — Existing Conditions Plan shows the location of all existing conditions on and adjacent to the site. Porter Creek is an intermittent drainage located in Section 11 and approximately 950 feet east of the proposed pit boundary. The closest man-made structure is a residence approximately 400 feet to the south of the proposed southern pit boundary. There is a dry and abandoned oil and gas well (API # 05-123-07390) approximately 800 feet northeast of the northern proposed pit boundary. There are power lines on the west side of WCR 81 and a buried communication line on the east side of WCR 81, most likely in the prescribed right-of-way for the road. (c) Map 3 — Existing Conditions Site Plan shows existing topography with one foot contour intervals. The site slopes to east at 1% to 5%. (d) Both Map 3 — Existing Conditions Plan and Map 5 — Mining Plan Map show the Proposed Borrow Pit Boundary. The only area outside of the Proposed Pit Boundary to be affected is for the access point onto Weld County Road 81. (e) Map 5 — Mining Plan Map contains a note stating the type of present vegetation covering the affected lands. The site is vegetated native grasses and cactus. (f) The mining depth will be relatively shallow and no ground water will be exposed. The pit will be a dry pit with no impoundments. (g) The only existing permanent man-made structure within 200 feet of the affected land is Weld County Road 81. This is a rural gravel road and is shown on Map 3 — Existing Conditions Plan. (h) Soils information is provided in Exhibit I. Map 4 shows an aerial photo of the general project area. 1 N c] • r, O O 0 •O ` v a a o z O QJ U o J] .c E J r >J> 'O eAn Y J Qj o v �O n _a df % _ o � C o iCY W cn p c � c o Co9 o w c3 r • // rn rn l yO� .0 O N — 0 C. a : „ E c a O Ej 715 :: _ l CRb1 '— O N t10 . . CO o co J2 !_i L f� en v V) Co o VV)) OO c O o (f) O O rxir °P �' Y8 0 Q pp % ni O / J .� pro- CU cn 0 li S2 I CR ?9 C 79 a U 43 i e n -' U ' I + 1 Film Z V J J Z W 3 V Q - Jcc Dd m a O tu W L N W a. J 0 O Q 4 m IVr� O I W • • O 08 . CZ ql Q Z V1••� r2 J W W J W Iu .l �" (7, re e4 > d rr in r4 4.0 crif, = W 1'. N 0 � iUnoCOc� n w a NC en l7 U cn rt CU = J } LI N U l- 2.,. I: iii O Z •es cr W O. V 3 •O m o ti, d a at a0 < u tie ili < CI a. . b : tik 44 f f • f,' ' r; 1rtalk** ft 4 . 4 M si ill . ' % of\ w . 4 S . I• *ill 4 it .-14 I ‘ 41,44 oil, Y Q f r r is s • . ail • i Sir R i II do ~�� PROJECT LOCATION '�' `' ' . 1. : . is, to. ; - IS" :41r4l, r 1. f Iji1 't 1 i• 4 - - r,,. - , . itri .4 - . 4 s 11! r, s (r4 1 r i a �•r R 1 4. at ' f J.,. ar - • - '.a •4...or 1 ..t.. w I It lig - . '4 f-. 0 f -IN1 ♦. , _ f• _ 4 :is. . • . I •s 1 1 ,:s, 1 .4 r 1 4 . t . i t 4 1St: Amp. 1 / Y 1� * t• ,ii 1 ,— s -� • N 1 AERIAL IMAGE MAP 4 ...' ASELINE GOO COLE BLVD SUITE 220 ... GOLDEN, co 80401 Date — 1 C1 — Sheet Number r-r PH (303) 940.9966 FAX (303) 940-9959 engineering corporation - Map Dwg Scale ° = 100u 4 Project Name O I• (-)t± (--.. Rf ,G' r- r,W Hi-- Project No o , '"--) 1 n ' Rule 6.4.4 EXHIBIT D - Mining Plan Map 5-Mine Plan Map depicts the overall layout of the borrow pit. The plan shows one access point for the pit off of Weld County Road (WCR) 81. Five cross-sections on Map 7 have been prepared to depict the proposed slopes during the active mining phase of the project. (a) The mining operation is to borrow fill dirt. The fill dirt proposed to be extracted will be used by oil and gas companies in the surrounding area. As mining occurs, topsoil will be stockpiled as new lands are disturbed. The proposed Borrow Pit access road will be 24 feet wide and will be adequate for the level of anticipated truck traffic associated with this pit. The mine faces will be cut to a 3:1 slope, which will remain as the reclaimed slope. Map 5 Mine Plan Map and Map 7 Mining & Reclamation Cross Sections depict the mine layout and sections during mining operations. The surrounding network of Weld County Roads will serve as haul routes for the pit products to the surrounding oil and gas destinations. All haul trucks will enter/leave the site from/to the north on WCR 81. Approximately half of the trucks will proceed west on WCR 120 and the rest will travel east on WCR 120. In accordance with the Town of Grover requirements no trucks will be permitted to travel through the Town. There will be a portable toilet, potable water, and a trash container on-site. A vehicle tracking control pad will be placed at the access to prevent tracking of mud onto WCR 81 and WCR 120. A typical VTC detail is included at the end of this section. (b) Earthmoving activities will begin with removal and stockpile of topsoil. The topsoil is approximately 6" to 8" in depth. Then backhoes and loaders will be used to excavate the fill dirt. The pit-run fill dirt will either be stockpiled for future loading of haul trucks or loaded directly into haul trucks. There will not be any screening or crushing of the mined materials. There will not be any scales on the site. The haul truck drivers are trained to keep their loads under the maximum limits through a combination of the following three methods. The air pressure inside the cab shows the pressure of the air bag support to the trailer, which indicates how much weight is on the trailer. The second method is by visual volume inside the trailer. The third method is by counting the loader buckets dumped into the trailer. (c) All proposed stormwater diversion ditches and sedimentation ponds are shown on Map 5 Mine Plan Map. The stormwater diversion ditches may be either a cut ditch or a berm, for the purpose of intercepting and directing surface storm water within the pit to one of the sediment ponds. The sediment pond will allow settling of any solids. There will be no outlet for the sediment ponds. The captured stormwater will dissipate through infiltration and evaporation. A small berm will be created around the topsoil stockpile areas to prevent sediment transport into adjacent stormwater diversion ditches. The stockpiles will be protected from wind and water erosion with temporary seed cover if the piles are left in place for more than 180 days or one growing season. (d) The overall maximum area of disturbance proposed is 17.5 acres. Approximately 3 acres will be utilized for the access road, stockpile areas, and sediment ponds. The remaining 14.5 acres of the 17.5 acres will be used for active mining. The DRAINAGE CRITERIA MANUAL (V. 3) CONSTRUCTION BEST MANAGEMENT PRACTICES L— ✓ _ .., (v5 6o Fr�tM) iZ"� (Mlpl _ail , .. .w pfd` ' ledge iiii .per \N 1 rcoN) , ' - NOTE.EROSION CONTROL MEASURES SHALL BE MAINTAINED AT ALL TIMES AS f DIRECTED BY THE LOCAL JURISDICTION COOT SECT.#703.AASHrO#3 COARSE AGGREGATE OR W(MINUS)ROCK,OR INSTALL ROCK FLUSH WITH OR - -RECYCLED CONRETE=W(MINUS)ROCK BELOW TOP OF PAVEMENT 1 4---S±-11:- .r-�.~--__ 'J ' - 1-9-(MIN) COMPACTED NON-WOVEN GEOTEXTILE MEMBRANE . SUBGRADE NOTES 1 ALL ROCK TO BE REMOVED UPON COMPLETION OF SECTION A-A CONSTRUCTION �lfS 2. PUBLIC ROADWAY TO BE KEPT CLEAN AND FREE OF MUD,DIRT AND DEBRIS AT ALL TIMES. DETAIL CONSTRUCTION STAGING PAD DETAILS BASED ON THOSE PROVIDED BY THE CITY OF BROOMFIELD,COLORADO Figure C5-1—Temporary Vehicle Tracking Control C-54 2007-10 Urban Drainage and Flood Control District Rule 6.4.5 EXHIBIT E — Reclamation Plan (1) The proposed grading at time of final reclamation is shown on Map 6, Reclamation Plan Map. This map also shows the location of five proposed cross-sections which depict the proposed final slopes which will be encountered during the reclamation phase of the operation. Map 7, Mine & Reclamation Plan Cross Sections, depict the existing grade and final grade after reclamation for each cross section. The outer perimeter of the mine along the west edge of the pit will be graded to a minimum of 3:1 slopes to ensure long term stability. The interior of the mine will be graded to conform to the general west to east slope of the existing land. There will be no impoundments. (2) (a) All of the affected lands are currently pasture land. Reclamation will restore all of the affected land to pasture land. The amount of disturbed land will be limited to 17.5 acres at any one time. The mining operation will bring the grades to within 6" to 8" of the final reclaimed elevation to allow for topsoil application. (b) The post-mining use will be pasture land which is consistent with the existing land use in the vicinity of the project. This is also consistent with the Weld County Zoning designation for this property, which is A-Agriculture. (c) Section 3.1 3.1.1 Establishing Post-Mining Use: The Operator is the landowner. The land will be reclaimed to the original use of pasture land. 3.1.2 Reclaiming Substituted Land: N/A 3.1.3 Time Limit and Phased Reclamation: The Operator commits to complete each phase of reclamation within five (5) years from the date that such phase has commenced. 3.1.4 Public Use: N/A 3.1.5 Reclamation Measures — Materials Handling: Grading will be performed so as to create the final topography shown on the Reclamation Plan. The Operator/Landowner will utilize appropriate earth moving equipment to ensure adequate compaction for stability. The grading will be done in a manner to control erosion and siltation of the affected lands through use of stormwater diversion ditches and settling ponds. Cut slopes will be cut at a 3:1 during the mining operation and left at this slope at the time of reclamation. Topsoil placement and seeding will be completed as soon as operations allow. Konig Ag Company will control the unauthorized release of pollutants to the surface drainage system and groundwater. 3.1.6 Water — General Requirements: The proposed mining operation will not have any affect on the prevailing hydrologic balance of the affected land and surrounding area, nor any affect on the quantity or quality of water in surface and groundwater systems during and after mining operation. The Operator will comply with all applicable laws and regulations. 3.1.7 Groundwater — Specific Requirements: The mining operation will not affect groundwater quality. 3.1.8 Wildlife: See Exhibit H for Wildlife Information. 3.1.9 Topsoiling: See description of topsoiling within this Exhibit. Any topsoil/overburden stockpiles that are left in place for more than 180 days or one growing season will be protected from wind and water erosion with the temporary seed cover proposed in this reclamation plan. 3.1.10 Revegetation: See description of revegetation within this Exhibit. 3.1.11 Buildings and Structures: There are no existing structures on the land and no structures are proposed. 3.1.12 Sign and Markers: The Operator shall place the required sign and markers. 3.1.13 Spill Reporting: The Operator shall commit to Notify the Office of any spill of toxic or hazardous substance, including spills of petroleum products that occur within the mined land permit area and comply with the requirements of this section. (d) We anticipate placing 6-8" of topsoil on all disturbed areas. Following the application of topsoil, these areas will be ripped with either a dozer with a ripper bar, a motor grader or a tractor with a chisel plow to eliminate compaction. The depth of ripping will be consistent with the depth of applied topsoil to ensure that the quality of topsoil is not diluted by mixing with less desirable subsurface soil materials. Seeding will be performed depending on when the ripping and topsoil reapplication operations are completed. Either fall or early spring seeding periods will be utilized. If the seedbed preparation is completed during the summer or fall, then seeding will begin in the fall after fall frosts arrive. If the seedbed preparation is completed during the winter or early spring then spring seeding will be completed when the soil is dry enough to work, yet still somewhat moist. The seed mixture will be applied hydraulically along with a wood fiber mulch and tackifier to ensure seed germination. The seed mixture is as follows: Species Seeding Rate#PLS/acre Western Wheat Grass, Arriba 2.40 Green Needle Grass, Lodorm 1.0 Side Oats Grama, El Reno 0.90 Little Bluestein, Native 0.70 Alfalfa, Common 0.40 Since the site is presently devoid of trees, the reclamation plan will not contain any trees. Native Grasses will be used. (e) Reclamation will proceed within each mine block as enough space is established to allow safe equipment circulation and areas for stockpiles. The reclamation will be completed as follows: 2010-2015 Reclamation of phase 1 2015-2020 Reclamation of phase 2 (0(i) Final Grading— Maximum 3:1 slopes. General grade of 1% along the bottom of the pit. (ii) Seeding— See above. Revegetation— See above. Topsoiling— See above. (3) The operator commits to ensuring no livestock will be permitted on site until the permit or area is released by DRMS. Rule 6.4.6 EXHIBIT F - Reclamation Plan Map The anticipated physical appearance of the site following the cessation of mining, is shown on Map 6, Konig Borrow Pit - Reclamation Plan Map. This map shows the proposed topography of the site as well as the proposed flow directions of the surface waters on the site. Rule 6.4.6 Exhibit G — Water Information (I) The operation is not expected to directly affect surface or groundwater systems. There is no trace of ground water at the depths in which mining operations will take place. The pit will be a dry pit with no impoundments. The Porter Stream lies approximately 950 feet east of the eastern most edge of the proposed mining area. (2) N/A (3) Water will only be used for dust control via water trucks. (4) N/A (5) The Operator will apply for a National Pollutant Discharge Elimination System (NPDES) permit from the Water Quality Control Division at the Colorado Department of Health. The Operator will supply the Division a copy of the permit as soon as it is complete. Rule 6.4.8 EXHIBIT H — Wildlife Information Troy Florian (970) 443-1993 of the Fort Collins Office of the Colorado Division of Wildlife has been contacted regarding this proposal. He will be submitting a letter via the referral process, indicating if any wildlife can be found in the general vicinity of the proposed pit area. This application will be sent to the D.O.W. for review and comment. Rule 6.4.8 EXHIBIT H — Wildlife Information There are no obvious visual indicators of wildlife on the site; however, the property owner has relayed that typical wildlife in this area include antelope, swift fox, rabbits, snakes, and plains song birds such as the Mountain Plover. A more detailed description of wildlife will be generated through the referral process with the Colorado Division of Wildlife — Fort Collins Office (Troy Florian 970-443- 1993). The DOW will be submitting a review letter via the referral process, indicating if any wildlife can be found in the general vicinity of the proposed pit area and if any wildlife concerns or comments need to be addressed with this application. Letter of TRANSMITTAL bi . (1 21 IESELINE planning engineering surveying To: Weld County Board of Commissioners Address: 915 10th Street, Greeley Re: Construction Materials Regular (112) Operation Reclamation Permit Application Date: 9 / 30 / 10 Encl.: 1 - Ex+i91T H — Pi,rhsa. iN r,enL2Mik twic pq{, ln;ic Th& RutVqcf c:v (11± . N4At->ot& cc: Project File From the desk of... Rick Behning, P.E. ;Corporate Headquarters [X;iNorthern Bureau Wyoming [ (Northern Mountains Denver West Office Park Building 4 Downtown Greeley Montgomery Building Pentagon West Building 1536 Cole Boulevard,Suite 220 710 11 th Avenue,Suite 105 109 East 17th Street,Suite 1 2740 Acre Lane,Suite 201 Golden,Colorado 80401 Greeley,Colorado 80631 Cheyenne,Wyoming 82001 Steamboat Springs,Colorado 80487 Ph 303 940.9966 Ph 970.353.7600 Ph 307.635.1734 Ph 970.879.1825 Fax 303.940.9959 Fax 970.353.7601 Fax 866.242.9106 Fax 866.242.9106 www.baselinecorp.com Rule 6.4.9 Exhibit I — Soils Information Attached is soils information from the Natural Resource Conservation Service. 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 O States Department of v \ACS Agriculture and other Weld County , ages State Natural agencies including the Resources Agricultural Experiment C o I o ra d o North ern Conservation Stations; and local Service participants P a rt Konig Borrow Pit , - an • tit Weld 11 lill "Si i . t- ' re - • • 10 rail d,, i, 0 j 835ft _ All September 8, 2010 Preface Soil surveys contain information that affects land use planning in survey areas. They highlight soil limitations that affect various land uses and provide information about the properties of the soils in the survey areas. Soil surveys are designed for many different users, including farmers, ranchers, foresters, agronomists, urban planners, community officials, engineers, developers, builders, and home buyers. Also, conservationists, teachers, students, and specialists in recreation, waste disposal, and pollution control can use the surveys to help them understand,protect,or enhance the environment. Various land use regulations of Federal, State, and local governments may impose special restrictions on land use or land treatment. Soil surveys identify soil properties that are used in making various land use or land treatment decisions. The information is intended to help the land users identify and reduce the effects of soil limitations on various land uses. The landowner or user is responsible for identifying and complying with existing laws and regulations. Although soil survey information can be used for general farm, local, and wider area planning, onsite investigation is needed to supplement this information in some cases. Examples include soil quality assessments (http://soils.usda.gov/sqi/) and certain conservation and engineering applications. For more detailed information, contact your local USDA Service Center(http://offices.sc.egov.usda.gov/locator/app? agency=nrcs) or your NRCS State Soil Scientist(http //soils.usda.gov/contact/ state_offices/). Great differences in soil properties can occur within short distances. Some soils are seasonally wet or subject to flooding. Some are too unstable to be used as a foundation for buildings or roads. Clayey or wet soils are poorly suited to use as septic tank absorption fields. A high water table makes a soil poorly suited to basements or underground installations. The National Cooperative Soil Survey is a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local agencies. The Natural Resources Conservation Service (NRCS) has leadership for the Federal part of the National Cooperative Soil Survey. Information about soils is updated periodically. Updated information is available through the NRCS Soil Data Mart Web site or the NRCS Web Soil Survey. The Soil Data Mart is the data storage site for the official soil survey information. The U.S. Department of Agriculture(USDA)prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means 2 for communication of program information (Braille, large print, audiotape, etc.)should contact USDA's TARGET Center at(202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or(202) 720-6382 (TDD). USDA is an equal opportunity provider and employer. 3 Contents Preface 2 How Soil Surveys Are Made 5 Soil Map 7 Soil Map g Legend 9 Map Unit Legend 10 Map Unit Descriptions 10 Weld County, Colorado, Northern Part 12 4—Ascalon fine sandy loam, 0 to 6 percent slopes 12 9—Avar fine sandy loam 13 54—Platner loam, 0 to 3 percent slopes 14 56—Renohill fine sandy loam, 6 to 9 percent slopes 15 References 17 4 How Soil Surveys Are Made Soil surveys are made to provide information about the soils and miscellaneous areas in a specific area.They include a description of the soils and miscellaneous areas and their location on the landscape and tables that show soil properties and limitations affecting various uses. Soil scientists observed the steepness, length, and shape of the slopes; the general pattern of drainage; the kinds of crops and native plants; and the kinds of bedrock. They observed and described many soil profiles.A soil profile is the sequence of natural layers, or horizons, in a soil. The profile extends from the surface down into the unconsolidated material in which the soil formed or from the surface down to bedrock. The unconsolidated material is devoid of roots and other living organisms and has not been changed by other biological activity. Currently, soils are mapped according to the boundaries of major land resource areas (MLRAs). MLRAs are geographically associated land resource units that share common characteristics related to physiography, geology, climate, water resources, soils, biological resources, and land uses (USDA, 2006). Soil survey areas typically consist of parts of one or more MLRA. The soils and miscellaneous areas in a survey area occur in an orderly pattern that is related to the geology, landforms, relief, climate, and natural vegetation of the area. Each kind of soil and miscellaneous area is associated with a particular kind of landform or with a segment of the landform. By observing the soils and miscellaneous areas in the survey area and relating their position to specific segments of the landform,a soil scientist develops a concept,or model,of how they were formed.Thus, during mapping, this model enables the soil scientist to predict with a considerable degree of accuracy the kind of soil or miscellaneous area at a specific location on the landscape. Commonly, individual soils on the landscape merge into one another as their characteristics gradually change. To construct an accurate soil map, however, soil scientists must determine the boundaries between the soils. They can observe only a limited number of soil profiles. Nevertheless, these observations, supplemented by an understanding of the soil-vegetation-landscape relationship, are sufficient to verify predictions of the kinds of soil in an area and to determine the boundaries. Soil scientists recorded the characteristics of the soil profiles that they studied. They noted soil color, texture, size and shape of soil aggregates, kind and amount of rock fragments, distribution of plant roots, reaction, and other features that enable them to identify soils. After describing the soils in the survey area and determining their properties, the soil scientists assigned the soils to taxonomic classes (units). Taxonomic classes are concepts. Each taxonomic class has a set of soil characteristics with precisely defined limits. The classes are used as a basis for comparison to classify soils systematically. Soil taxonomy, the system of taxonomic classification used in the United States, is based mainly on the kind and character of soil properties and the arrangement of horizons within the profile. After the soil scientists classified and named the soils in the survey area, they compared the 5 Custom Soil Resource Report individual soils with similar soils in the same taxonomic class in other areas so that they could confirm data and assemble additional data based on experience and research. The objective of soil mapping is not to delineate pure map unit components; the objective is to separate the landscape into landforms or landform segments that have similar use and management requirements. Each map unit is defined by a unique combination of soil components and/or miscellaneous areas in predictable proportions. Some components may be highly contrasting to the other components of the map unit. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The delineation of such landforms and landform segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, onsite investigation is needed to define and locate the soils and miscellaneous areas. Soil scientists make many field observations in the process of producing a soil map. The frequency of observation is dependent upon several factors, including scale of mapping, intensity of mapping, design of map units, complexity of the landscape, and experience of the soil scientist. Observations are made to test and refine the soil- landscape model and predictions and to verify the classification of the soils at specific locations. Once the soil-landscape model is refined, a significantly smaller number of measurements of individual soil properties are made and recorded. These measurements may include field measurements, such as those for color, depth to bedrock, and texture, and laboratory measurements, such as those for content of sand, silt, clay, salt, and other components. Properties of each soil typically vary from one point to another across the landscape. Observations for map unit components are aggregated to develop ranges of characteristics for the components. The aggregated values are presented. Direct measurements do not exist for every property presented for every map unit component. Values for some properties are estimated from combinations of other properties. While a soil survey is in progress, samples of some of the soils in the area generally are collected for laboratory analyses and for engineering tests. Soil scientists interpret the data from these analyses and tests as well as the field-observed characteristics and the soil properties to determine the expected behavior of the soils under different uses. Interpretations for all of the soils are field tested through observation of the soils in different uses and under different levels of management. Some interpretations are modified to fit local conditions, and some new interpretations are developed to meet local needs. Data are assembled from other sources, such as research information, production records, and field experience of specialists. For example, data on crop yields under defined levels of management are assembled from farm records and from field or plot experiments on the same kinds of soil. Predictions about soil behavior are based not only on soil properties but also on such variables as climate and biological activity. Soil conditions are predictable over long periods of time, but they are not predictable from year to year. For example, soil scientists can predict with a fairly high degree of accuracy that a given soil will have a high water table within certain depths in most years, but they cannot predict that a high water table will always be at a specific level in the soil on a specific date. After soil scientists located and identified the significant natural bodies of soil in the survey area, they drew the boundaries of these bodies on aerial photographs and identified each as a specific map unit.Aerial photographs show trees, buildings,fields, roads, and rivers, all of which help in locating boundaries accurately. 6 Soil Map The 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 displayed on the map. Also presented are various metadata about data used to produce the map, and a description of each soil map unit. 7 (-4 U') O u7 O 0 V v 0 00Z£Z96 00L Z96 000 ZSV 0062Zr6 008 Z96 00L Z96 009ZZ96 009ZZ96 0017Z69 V' 00£22;6 O0ZZZSV „L9 .9L .60L - S ..Ls st ,6ot CD 0 at up ' o to O O o o o I CO O 0 tU (D in ID • O • 0 O 0 (V N O ,. O L rte. In O O Cr rn _ • C - O C O (0 (P. a--• . L- O O o _ .. - Q a ^, (11 - �i a) CD in ur (D O LL O N Q) N O L_ O . D a a: c[) cn u1 Oin c W I: G :. CO ft 7.7- O O O O o °� n Cn LC) C 20 O O o r, 8 U 4i CO O O O O to in 0) 0) - )t) L ILO O) o at G O O v rn Qr) it) ID . X O Co O O 01 C7) N in O Q O O C C) N N a C in O S in /j Cid 0 O O O in Lr) co i n a� 2 o o o c a ir, ILO IC. ID o Z Q CO /� CI) LC) / CO ..S .8L .601 ..9 .BL .601 OOZ£ZS6 OOL£ZS6 000£296 006ZZ96 OO8ZZS6 00Lc'Z96 009ZZs6 009ZZS6 006ZZ:96 00£ZZ96 00ZZZ56 Q) N N MD b )n If) 0 o O c v o E E v r d d N N " U °� .° co VI O 0• N y V a O. 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N N 3 d _ U o O W O - a d - d a O d > - 2 o o m `a to y > d CO a d N S m d 3 CO v LL o -it c O > u o `d Q a d u 3 0 > d ≥ > t‘-- d m d d U c a j v a O > Nd O C ° p d 0 m m d N A c m `d o To m d = '2 o a 2 F2 < U) 'p m o U 0 O 0 .J 2 2 2 a K V) V) CO C 7) N V) V) d a ) o U ® X ♦ x • ® G 1 k a0 OO > + . . ill o s tv 10 o a :� • ❑ N'o N Q N Custom Soil Resource Report Map Unit Legend Weld County,Colorado,Northern Part(CO617) Map Unit Symbol I Map Unit Name Acres in AOI Percent of AOl 4 Ascalon fine sandy loam,0 to 6 percent 10.3 4.0% slopes 9 Avar fine sandy loam 144.5 57.0% 54 Platner loam,0 to 3 percent slopes 8.9 3.5% 56 Renohill fine sandy loam,6 to 9 percent 89.9 35.5% slopes Totals for Area of Interest 253.6 100.0% Map Unit Descriptions The map units delineated on the detailed soil maps in a soil survey represent the soils or miscellaneous areas in the survey area. The map unit descriptions, along with the maps, can be used to determine the composition and properties of a unit. A map unit delineation on a soil map represents an area dominated by one or more major kinds of soil or miscellaneous areas. A map unit is identified and named according to the taxonomic classification of the dominant soils. Within a taxonomic class there are precisely defined limits for the properties of the soils.On the landscape, however, the soils are natural phenomena, and they have the characteristic variability of all natural phenomena. Thus, the range of some observed properties may extend beyond the limits defined for a taxonomic class. Areas of soils of a single taxonomic class rarely, if ever, can be mapped without including areas of other taxonomic classes. Consequently, every map unit is made up of the soils or miscellaneous areas for which it is named and some minor components that belong to taxonomic classes other than those of the major soils. Most minor soils have properties similar to those of the dominant soil or soils in the map unit, and thus they do not affect use and management. These are called noncontrasting, or similar, components. They may or may not be mentioned in a particular map unit description. Other minor components, however, have properties and behavioral characteristics divergent enough to affect use or to require different management.These are called contrasting, or dissimilar, components.They generally are in small areas and could not be mapped separately because of the scale used. Some small areas of strongly contrasting soils or miscellaneous areas are identified by a special symbol on the maps. If included in the database for a given area, the contrasting minor components are identified in the map unit descriptions along with some characteristics of each. A few areas of minor components may not have been observed, and consequently they are not mentioned in the descriptions, especially where the pattern was so complex that it was impractical to make enough observations to identify all the soils and miscellaneous areas on the landscape. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The objective of mapping is not to delineate pure taxonomic classes but rather to separate the landscape into landforms or landform segments that 10 Custom Soil Resource Report have similar use and management requirements. The delineation of such segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, however, onsite investigation is needed to define and locate the soils and miscellaneous areas. An identifying symbol precedes the map unit name in the map unit descriptions. Each description includes general facts about the unit and gives important soil properties and qualities. Soils that have profiles that are almost alike make up a soil series. Except for differences in texture of the surface layer, all the soils of a series have major horizons that are similar in composition, thickness, and arrangement. Soils of one series can differ in texture of the surface layer, slope, stoniness, salinity, degree of erosion, and other characteristics that affect their use. On the basis of such differences, a soil series is divided into soil phases. Most of the areas shown on the detailed soil maps are phases of soil series. The name of a soil phase commonly indicates a feature that affects use or management. For example, Alpha silt loam, 0 to 2 percent slopes, is a phase of the Alpha series. Some map units are made up of two or more major soils or miscellaneous areas. These map units are complexes, associations, or undifferentiated groups. A complex consists of two or more soils or miscellaneous areas in such an intricate pattern or in such small areas that they cannot be shown separately on the maps.The pattern and proportion of the soils or miscellaneous areas are somewhat similar in all areas. Alpha-Beta complex, 0 to 6 percent slopes, is an example. An association is made up of two or more geographically associated soils or miscellaneous areas that are shown as one unit on the maps. Because of present or anticipated uses of the map units in the survey area, it was not considered practical or necessary to map the soils or miscellaneous areas separately. The pattern and relative proportion of the soils or miscellaneous areas are somewhat similar. Alpha- Beta association, 0 to 2 percent slopes, is an example. An undifferentiated group is made up of two or more soils or miscellaneous areas that could be mapped individually but are mapped as one unit because similar interpretations can be made for use and management. The pattern and proportion of the soils or miscellaneous areas in a mapped area are not uniform. An area can be made up of only one of the major soils or miscellaneous areas, or it can be made up of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example. Some surveys include miscellaneous areas. Such areas have little or no soil material and support little or no vegetation. Rock outcrop is an example. 11 Custom Soil Resource Report Weld County, Colorado, Northern Part 4—Ascalon fine sandy loam, 0 to 6 percent slopes Map Unit Setting Elevation: 4,500 to 6,500 feet Mean annual precipitation: 13 to 17 inches Mean annual air temperature:46 to 57 degrees F Frost-free period: 130 to 160 days Map Unit Composition Ascalon and similar soils: 85 percent Minor components: 15 percent Description of Ascalon Setting Landform: Plains Down-slope shape: Linear Across-slope shape: Linear Parent material: Calcareous loamy alluvium Properties and qualities Slope: 0 to 6 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Capacity of the most limiting layer to transmit water(Ksat): Moderately high to high (0.60 to 2.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 10 percent Maximum salinity: Nonsaline (0.0 to 2.0 mmhos/cm) Available water capacity: Moderate (about 6.9 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability(nonirrigated): 3e Ecological site: Loamy Plains (R067BY002CO) Typical profile 0 to 8 inches: Fine sandy loam 8 to 22 inches: Sandy clay loam 22 to 60 inches: Sandy loam Minor Components Olney Percent of map unit: 8 percent Otero Percent of map unit: 7 percent 12 Custom Soil Resource Report 9—Avar fine sandy loam Map Unit Setting Elevation: 4,500 to 5,500 feet Mean annual precipitation: 11 to 14 inches Mean annual air temperature: 46 to 48 degrees F Frost-free period: 130 to 160 days Map Unit Composition Avar and similar soils: 80 percent Minor components: 20 percent Description of Avar Setting Landform: Stream terraces, swales, flood plains Down-slope shape: Linear Across-slope shape: Linear Parent material: Calcareous loamy alluvium Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Capacity of the most limiting layer to transmit water(Ksat): Moderately low to moderately high (0.06 to 0.60 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 15 percent Maximum salinity:Very slightly saline to strongly saline (4.0 to 32.0 mmhos/cm) Sodium adsorption ratio, maximum: 250.0 Available water capacity: Moderate (about 6.6 inches) Interpretive groups Land capability(nonirrigated): 7s Ecological site: Salt Flat(R067XY033CO) Typical profile 0 to 3 inches: Fine sandy loam 3 to 8 inches: Clay loam 8 to 60 inches: Sandy clay loam Minor Components Fluvaquentic haplustolls Percent of map unit: 6 percent Landform:Terraces Ascalon Percent of map unit: 5 percent 13 Custom Soil Resource Report Haverson Percent of map unit:4 percent Nunn Percent of map unit 3 percent Bankard Percent of map unit: 2 percent 54—Platner loam, 0 to 3 percent slopes Map Unit Setting Elevation:4,500 to 5,900 feet Mean annual precipitation: 17 to 19 inches Mean annual air temperature:46 to 52 degrees F Frost-free period: 140 to 165 days Map Unit Composition Platner and similar soils: 80 percent Minor components: 20 percent Description of Platner Setting Landform: Stream terraces, plains Down-slope shape: Linear Across-slope shape: Linear Parent material: Calcareous loamy alluvium Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Capacity of the most limiting layer to transmit water(Ksat): Moderately low to moderately high (0.06 to 0.20 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content 10 percent Maximum salinity: Nonsaline (0.0 to 2.0 mmhos/cm) Available water capacity: Moderate (about 8.9 inches) Interpretive groups Land capability classification (irrigated): 2e Land capability(nonirrigated): 3e Ecological site: Loamy Plains (R067BY002CO) Typical profile 0 to 4 inches: Loam 4 to 24 inches: Clay 24 to 60 inches: Sandy loam 14 Custom Soil Resource Report Minor Components Ascalon Percent of map unit: 8 percent Manzanola Percent of map unit: 6 percent Nunn Percent of map unit: 6 percent 56—Renohill fine sandy loam, 6 to 9 percent slopes Map Unit Setting Elevation: 3,600 to 6,200 feet Mean annual precipitation: 11 to 16 inches Mean annual air temperature:46 to 48 degrees F Frost-free period: 100 to 160 days Map Unit Composition Renohill and similar soils: 85 percent Minor components: 15 percent Description of Renohill Setting Landform: Plains Down-slope shape: Linear Across-slope shape: Linear Parent material: Calcareous, clayey loamy residuum weathered from shale Properties and qualities Slope: 6 to 9 percent Depth to restrictive feature: 20 to 40 inches to paralithic bedrock Drainage class: Well drained Capacity of the most limiting layer to transmit water(Ksat): Moderately low to moderately high (0.06 to 0.20 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content 15 percent Maximum salinity: Nonsaline (0.0 to 2.0 mmhos/cm) Available water capacity: Low (about 5.0 inches) Interpretive groups Land capability(nonirrigated): 6e Ecological site: Loamy Plains (R067BY002CO) Typical profile 0 to 4 inches: Fine sandy loam 4 to 17 inches: Clay 15 Custom Soil Resource Report 17 to 29 inches: Clay loam 29 to 33 inches: Unweathered bedrock Minor Components Platner Percent of map unit: 5 percent Midway Percent of map unit: 5 percent Other soils Percent of map unit.- 3 percent Ulm Percent of map unit: 2 percent 16 References American Association of State Highway and Transportation Officials(AASHTO).2004. Standard specifications for transportation materials and methods of sampling and testing. 24th edition. American Society for Testing and Materials (ASTM). 2005. Standard classification of soils for engineering purposes. ASTM Standard D2487-00. Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of wetlands and deep-water habitats of the United States. U.S. Fish and Wildlife Service FWS/OBS-79/31. Federal Register. July 13, 1994. Changes in hydric soils of the United States. Federal Register. September 18, 2002. Hydric soils of the United States. Hurt, G.W., and L.M.Vasilas,editors.Version 6.0, 2006. Field indicators of hydric soils in the United States. National Research Council. 1995. Wetlands: Characteristics and boundaries. Soil Survey Division Staff. 1993. Soil survey manual. Soil Conservation Service. U.S. Department of Agriculture Handbook 18. http://soils.usda.gov/ Soil Survey Staff. 1999. Soil taxonomy: A basic system of soil classification for making and interpreting soil surveys. 2nd edition. Natural Resources Conservation Service, U.S. Department of Agriculture Handbook 436. http://soils.usda.gov/ Soil Survey Staff. 2006. Keys to soil taxonomy. 10th edition. U.S. Department of Agriculture, Natural Resources Conservation Service. http://soils.usda.gov/ Tiner, R.W., Jr. 1985. Wetlands of Delaware. U.S. Fish and Wildlife Service and Delaware Department of Natural Resources and Environmental Control, Wetlands Section. United States Army Corps of Engineers, Environmental Laboratory. 1987. Corps of Engineers wetlands delineation manual. Waterways Experiment Station Technical Report Y-87-1. United States Department of Agriculture, Natural Resources Conservation Service. National forestry manual. http://soils.usda.gov/ United States Department of Agriculture, Natural Resources Conservation Service. National range and pasture handbook. http://www.glti.nres.usda.gov/ United States Department of Agriculture, Natural Resources Conservation Service. National soil survey handbook, title 430-VI. http://soils.usda.gov/ United States Department of Agriculture, Natural Resources Conservation Service. 2006. Land resource regions and major land resource areas of the United States, the Caribbean, and the Pacific Basin. U.S. Department of Agriculture Handbook 296. http://soils.usda.gov/ 17 Custom Soil Resource Report United States Department of Agriculture, Soil Conservation Service. 1961. Land capability classification. U.S. Department of Agriculture Handbook 210. 18 Rule 6.4.10 Exhibit J — Vegetation Information (1) (a) The site is vegetated with native grasses and cactus. The cover of this vegetation is consistent over the site and is sparse, covering approximately 75% of the land area. (b) The present vegetation is consistent across the entire site. (c) N/A (2) The present vegetation is consistent across the entire site. A note to this affect is on Map 5-Mine Plan Map. Rule 6.4.11 Exhibit K— Climate The climate of this area can be characterized as high plains. Grover, Colorado gets 14 inches of rain per year. Snowfall is 33 inches. The number of days with any measurable precipitation is 73. On average, there are 235 sunny days per year. The July high is around 87 degrees. The January low is 13. Rule 6.4.12 EXHIBIT L - Reclamation Costs In arriving at the following estimated costs for reclamation, the applicant made some assumptions based on their current equipment and costs to perform similar load and truck operations in Weld County. Equipment to be Used for Final Reclamation. The equipment need for final reclamation will include bulldozers, scrapers, backhoes, and hydraulic seeders. Major Phases of Reclamation. Each major phase associated with the final reclamation is discussed in the following narrative. Where appropriate, the assumptions used to determine the reclamation time and cost estimates are supplied. A. Backfilling and Grading of the Borrow Pit Area. A maximum of 17.5 acres of disturbance will be allowed at one time. Approximately 0.3 acres will comprise the access road which will be left in place at reclamation for permanent field access. We will assume a worst case scenario in which all 17.2 acres would require reclamation. The cuts associated with the mining operations will bring the grade to within 6" to 8" to allow for topsoil; therefore there will not be any backfilling or grading needed at the time of reclamation. The total costs for backfilling and grading the mine pit area is $0. B. Topsoil Application. The amount of topsoil required to be placed is estimated to be 6" to 8" thick over 17.2 acres. This equates to 16,187 cy of topsoil. The costs to place 16,187 cy would be $1.80/cy which equals $29,137. The total costs for topsoil application is $29,137. C. Revegetation Costs. The revegetation costs for 17.2 acres of disturbed area will consist of seed costs of approximately $ 30 per acre which equals $516. Seedbed preparation costs will consist of chisel plowing or deep ripping at a cost of approximately $ 150 per acre which translates to an estimated cost of approximately $ 2,580. Actual seeding costs will be approximately $ 50/acre which equals $860. Clean straw or native hay mulch will be applied at the rate of one ton per acre at an estimated cost of $ 280 per acre which equals $ 4816. The total costs for revegetation is $8,772. Based upon these estimates, it can be determined that the total direct reclamation costs for this project will be approximately S 37,909. Rule 6.4.13 EXHIBIT M — Other Permits and Licenses Colorado Department of Health, Water Quality Control Division. The Applicant will apply for the NPDES and Storm/Surface Water Discharge Permits through the Colorado Department of Public Heath and Environment. Colorado Department of Health, Air Pollution Control Division. The Applicant will apply for a Construction Permit through the Air Pollution Division of the Colorado Department of Health. Weld County Planning Department. The Applicant will apply for a Special Use Permit to Weld County Planning Department. This is required by the Weld County Planning Department. Kim Ogle is the contact point at the County. Rule 6.4.14 EXHIBIT N - Source of Legal Right to Enter The applicant is the property owner as well as the operator of the proposed Konig Borrow Pit. Rule 6.4.15 EXHIBIT O — Owner(s) of Record of Affected Land (Surface Area) and Owners of Substance to be Mined A Title Commitment for the affected land is attached which shows the owner of the surface of the affected land to be Michael Konig. The Title Commitment includes a list of Exceptions in Schedule B-2. This list does not specifically mention any holder of sand and gravel rights on the affected land. Therefore it is assumed that the surface owner holds the rights to the sand and gravels as well as fill dirt. -K Heritage 8450 E.Crescent Parkway, Suite 410 Title Company Greenwood Village,CO 80111 Making La saciwm Nrsonal Phone: (303)476-5800 Fax: (866)596-5526 Commonwealth' DATE: August 30,2010 FILE NUMBER: 598-H0288000-331-FGT PROPERTY ADDRESS: Vacant land,Greeley,CO OWNER/BUYER: Michael D. Konig/to be determined ASSESSOR PARCEL NUMBER: PLEASE REVIEW THE ENCLOSED MATERIAL COMPLETELY AND TAKE NOTE OF THE FOLLOWING TERMS CONTAINED THEREIN: Transmittal: , Schedule A: Schedule B-Section I Requirements: , Schedule B—Section 2 Exceptions: Should you have any questions regarding these materials,or our new on-line transaction management program TitleVault, please contact Heritage Title Company at the above phone number. We sincerely thank you for your business. (%TITLE VAULT transaction inanarment"stern TO: Heritage Title Company ATTN: Fiddlers Green Title Only Greenwood Village Title Only PHONE: (303)476-5800 8450 E. Crescent Parkway FAX: (866)596-5526 Suite 410 E-MAIL: titlevault@heritagetco.com Greenwood Village,CO 80111 DELIVERY:E-MAIL NO.OF COPIES: 1 TO: Noble Energy Inc. ATTN: Curt Moore 1625 Broadway,Suite 2000 PHONE: (303)389-3600 MOBILE: (000)000-0000 Denver,CO 80202 FAX: (000)000-0000 E-MAIL: cmoore@nobleenergyinc.com REF NO.: DELIVERY:Email El If checked,supporting documentation enclosed NO.OF COPIES: 1 TO: Baseline Corp. ATTN: Chris Rundall 2740 Acre Lane PHONE: (970)879-1825 Suite 205 MOBILE: Steamboat Springs,CO 80487 FAX: E-MAIL: chris@baselinecorp.com REF NO.: DELIVERY: Email El If checked,supporting documentation enclosed NO.OF COPIES: 1 END OF TRANSMITTAL HitHeritage Title Company Making Transactions Personal Commonwealth' Date: August 30, 2010 RE: Buyer/Borrower: to be determined Seller(s): Michael D. Konig Property Address: Vacant land, Greeley, CO Assessor Parcel Number: Commitment Number: 598-H0288000-331-FGT We would like to thank you for choosing Heritage Title Company for your title insurance needs. For all of your closing needs, including Tax Certificate, Settlement Statement/HUD or Insured Closing Letters, your Escrow Officer is: Fiddlers Green Title Only: Phone: (303)476-5800 Fax: (866) 596-5526 Email: titlevault@heritagetco.com Location of Closing: 8450 E. Crescent Parkway Suite 410 Greenwood Village, CO 80111 EFFECTIVE IMMEDIATELY -NEW WIRING INSTRUCTIONS PLEASE UPDATE YOUR RECORDS Wells Fargo Bank: 550 California Street, 10°i Floor San Francisco, CA 94104 Account Name: Heritage Title Company Account Number: 8861647025 ABA Number: 121000248 Reference: 598-H0288000-331-FGT Vacant land, Greeley, CO Visit our website www.heritagetco.com for a demonstration of our Online Transaction Management Service, TitleVault. This amazing program allows you to manage your transactions 24/7! Contact your Business Development Representative for a login and password. � transaction management system TITLE VAULT Once again, thank you for your business. We look forward to servicing your transaction Sincerely, Heritage Title Company 08/30/2010 8:20:09 AM Commitment No.: 598-H0288000-331-FGT Commonwealth Land Title Insurance Company COMMITMENT SCHEDULE A Commitment No: 598-H0288000-331-FGT 1. Effective Date: August 19, 2010 at 7:00 A.M. 2. Policy or policies to be issued: Proposed Insured Policy Amount (a) ALTA 2006 Owner's Policy STO COME to be determined (b)None $ 3. The estate or interest in the land described or referred to in this Commitment is: A Fee Simple 4. Title to the estate or interest in the land is at the Effective Date vested in: Michael D. Konig 5. The land referred to in this Commitment is described as follows: See Attached Legal Description (for informational purposes only) Vacant land, Greeley, CO PREMIUMS: to be determined commitment: $350.00 Copyright 2006.2009 American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees Air and ALTA members in good standing as of the date of use.All other uses are under license from the American Land Title Association. LA 08/30/2010 8:20:09 AM Commitment No.: 598-H0288000-331-FCT Attached Legal Description The Northwest Quarter(NW ''A) of Section 11, Township 10 North, Range 62 West of the 6th P.M., County of Weld, State of Colorado. Copyright 2006.2009 American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees MERTIT L and ALTA members in good standing as of the date of use.All other uses are under license from the American Land Title Association. L. 08/30/2010 8:20:54 AM Commitment.No.: 598-H02S8000-331-FGT SCHEDULE B-Section 1 Requirements The following requirements must be met: a. Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured. b. Pay us the premiums, fees and charges for the policy. c. Obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent. d. Evidence that any and all assessments for common expenses, if any, have been paid. e. The Company will require that an Affidavit and Indemnity Agreement be completed by the party(s) named below before the issuance of any policy of title insurance. Party(s): Michael D. Konig The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit. f. Deed sufficient to convey the fee simple estate or interest in the Land described or referred to herein, to the Proposed Insured Purchaser. g. Deed of Trust sufficient to encumber the estate or interest in the Land described or referred to herein for the benefit of the Proposed Insured Lender. h. The Company reserves the right to add additional exceptions and/or make further requirements once the identity of the Purchaser is disclosed. 24 MONTH CHAIN OF TITLE, FOR INFORMATIONAL PURPOSES ONLY: The following vesting deeds relating to the subject property have been recorded in the Clerk and Recorder's office of the County in which the property is located: There are no conveyances within the 24 month period. END OF REQUIREMENTS Copyright 2006-2009 American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are under license from the American Land Title Association. A• - 08/30/2010 8:20:09 AM Commitment No.: 598-110288000-331-FGT SCHEDULE B-Section 2 Exceptions Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: 1. Any facts,rights, interests or claims that are not shown by the Public Records but which could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachments, encumbrances, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by Public Records. 4. Any lien or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for the value the estate or interest or mortgage thereon covered by this Commitment. 6. (a)Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c)water rights, claims of title to water, whether or not the matters excepted under (a), (b), or(c) are shown by the Public Records. 7. (a)Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b)proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 8. All taxes and assessments, now or heretofore assessed, due or payable. 9. Reservations contained in the Patent From: The United States of America Recording Date: March 9, 1923 Recording No: Book 668 at Page 9, Reception No. 402887 Which among other things recites as follows: The right to prospect for, mine and remove coal and other mineral deposits. A right of way thereon for ditches or canals constructed by the authority of the United States of America. Any vested and accrued water rights for mining, agricultural, manufacturing or other purposes and rights to ditches and reservoirs used in connection with such water rights as may be recognized and acknowledged by local customs, laws and decisions of courts. (E1/2 NWl/4) Copyright 2006-2009 American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees iME0."C F and ALTA members in good standing as of the date of use.All other uses are under license from the American Land Title Association. 08/30/2010 8:20:09 AM Commitment No.: 598-110288000-331-FGT 10. Reservations contained in the Patent From: The United States of America Recording Date: February 14, 1934 Recording No: Book 956 at Page 14, at Reception No. 683750 Which among other things recites as follows: The right to prospect for, mine and remove coal and other mineral deposits. A right of way thereon for ditches or canals constructed by the authority of the United States of America. Any vested and accrued water rights for mining, agricultural, manufacturing or other purposes and rights to ditches and reservoirs used in connection with such water rights as may be recognized and acknowledged by local customs, laws and decisions of courts. (W1/2 NW1/4) 11. Terms, Easements, conditions, provisions, agreements and obligations contained in the Map and Statement regarding Milford Reservoir, Seepage Ditch and Pipe lines Filed January 12, 1911 at Reception No. 162923. 12. Any interest in all oil, gas and other mineral rights as reserved in the instrument set forth below, and any and all assignments thereof or interests therein: Recording Date: April 11, 1986 Recording No.: at Reception No. 2049651 13. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions, together with easements, if any, as set forth therein, and any and all assignments thereof or interests therein. Recording Date: March 25, 1988 Recording No: at Reception No. 2135600 14. Notice pursuant to C.R.S. Sec. 9-1.5-103(1) as amended concerning underground facilities of Wiggins telephone association recorded October 14, 1992 at Reception No. 2306829. 15. Terms, conditions, provisions, agreements and obligations contained in the Uranium and Mining lease as set forth below: Recording Date: August 27, 2007 Recording No.: at Reception No. 3499927 16. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions, together with easements, if any, as set forth therein, and any and all assignments thereof or interests therein. Recording Date: January 13, 2009 Recording No: at Reception No. 3599290 Copyright 2006-2009 American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees ,,„, and ALTA members in good standing as of the date of use.All other uses are under license from the American Land Title Association. L+ 08/30/2010 8:20:09 AM Commitment No.: 598-110288000-331-PCT I7. An oil and gas leases for the term therein provided with certain covenants, conditions and provisions, together with easements, if any, as set forth therein, and any and all assignments thereof or interests therein recorded April 10, 2009 at Reception No. 3616017, April 12, 2010 at Rececption No.'s 36862007, 3686209, 3686210, 3686211, 3686212,and May 4, 2010 at Reception No.'s 3691025, 3691026, 3691027, 3691028, 3691029 and June 28, 2010 at Reception No. 3702036. 18. right of ways for County roads 120 and 81 to the North and West of said land. END OF EXCEPTIONS Copyright 2006-2009 American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees TITLE and ALTA members in good standing as of the date of use.All other uses are under license from the American Land Title Association. iA 08/30/2010 8:20:09 AM Commitment No.: 598-H0288000-331-FGT AFFIDAVIT AND INDEMNITY AGREEMENT TO Heritage Title Company a Colorado Corporation and Commonwealth Land Title Insurance Company,a Nebraska Corporation. L This is written evidence to you that there are no unpaid bills, and to the extent there may be unpaid bills, that the undersigned undertakes and agrees to cause the same to be paid such that there shall be no mechanics or materialmen's liens affecting the property for materials or labor furnished for construction and erection,repairs or improvements contracted by or on behalf of the undersigned on property: legally described as: See Attached Affidavit and Indemnity Agreement Legal Description Property Address: Vacant land,Greeley,CO 2. We further represent that to the actual knowledge and belief of the undersigned there are no public improvements affecting the property prior to the date of closing that would give rise to a special property tax assessment against the property after the date of closing. 3. We further represent that to the actual knowledge and belief of the undersigned there are no pending proceedings or unsatisfied judgments of record, in any Court,State, or Federal,nor any tax liens filed or taxes assessed against us which may result in liens,and that if there are judgments,bankruptcies, probate proceedings, state or federal tax liens of record against parties with same or similar names,that they are not against us. 4. We further represent that there are no unrecorded contracts, leases, easements, or other agreements or interests relating to said premises of which we have knowledge. 5. We further represent that to the actual knowledge and belief of the undersigned we arc in sole possession of the real property described herein other than leasehold estates reflected as recorded items under the subject commitment for title insurance. 6. We further represent that there are no unpaid charges and assessments that could result in a lien in favor of any association of homeowners which are provided for in any document referred to in Schedule H of Commitment referenced above. 7. We further understand that any payoff figures shown on the settlement statement have been supplied to Heritage Title Company as settlement agent by the seller's/borrower's lender and are subject to confirmation upon tender of the payoff to the lender. If the payoff figures are inaccurate,we hereby agree to immediately pay any shortage(s)that may exist. If applicable as disclosed or referred to on Schedule A of Commitment referenced above. The undersigned affiant(s)know the matters herein stated are true and indemnifies Heritage Title Company, a Colorado Corporation and Commonwealth Land Title Insurance Company, a Nebraska Corporation against loss,costs,damages and expenses of every kind incurred by it by reason of its reliance on the statements made herein. This agreement is executed with and forms a part of the sale and/or financing of the above described premises,and is given in addition to the conveyance and/or financing of the premises in consideration for the conveyance and/or financing, and forms a complete agreement by itself for any action thereon. SELLER: SELLER: Michael D. Konig State of Colorado }ss: County of Weld The foregoing instrument was acknowledged,subscribed,and sworn to before me on by Michael D.Konig. (SEAL) Notary Public My Commission Expires: 08/30/2010 8:20:09 AM Commitment No.: 598-H0288000-331-FGT ATTACHED AFFIDAVIT AND INDEMNITY AGREEMENT LEGAL DESCRIPTION The Northwest Quarter(NW Y)of Section 11,Township 10 North,Range 62 West of the 6'" P.M., County of Weld, State of Colorado. 08/30/2010 8:20:09 AM Commitment No.: 598-H0288000-331-FGT CommonwealthTM LAND TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE Issued by Heritage Title Company AS AGENT FOR Commonwealth Land Title Insurance Company Commonwealth Land Title Insurance Company, a Nebraska corporation("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. The Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate 6 months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not fault of the Company. The Company will provided a sample of the policy form upon request. IN WITNESS WHEREOF, Commonwealth Land Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. _ : t; ( Attest / SEAL?_ By Secretary '.mss' Ig BEBRBEK!! f President Copyright 2006-2009 American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are under license from the American Land Title Association. �^ 08/30/2010 8:20:09 AM Commitment No.: 598-H0288000-331-FGT CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith(a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or(c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policies or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org. Copyright 2006-2009 American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are under license from the American Land Title Association. LAND I ME 08/30/2010 8:20:09 AM Commitment No.: 598-110288000-331-FCT DISCLOSURE STATEMENT • Pursuant to Section 38-25-125 of Colorado Revised Statutes and Colorado Division of Insurance Regulation 3-5-1 (Section 6), if the parties to the subject transaction request us to provide escrow-settlement and disbursement services to facilitate the closing of the transaction, then all funds submitted for disbursement must be available for immediate withdrawal. • Colorado Division of Insurance Regulation 3-5-1, Paragraph C of Article VII, requires that "every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Heritage Title Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception No. 5 in Schedule B-2 will not appear in the Owner's Title Policy and Lender's Title Policy when issued. • If the sales price of the subject property exceeds $100,000.00 the seller shall be required to comply with the Disclosure of Withholding Provisions of C.R.S. 39-22-604.5 (Nonresident Withholding). • Section 39-14-102 of Colorado Revised Statutes requires that a Real Property Transfer Declaration accompany any conveyance document presented for recordation in the State of Colorado. Said Declaration shall be completed and signed by either the grantor or grantee. • Recording statutes contained in Section 30-10-406(3)(a) of the Colorado Revised Statutes require that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right, and bottom margin of at least one-half of an inch. The clerk and recorder may refuse to record or file an document that does not conform to requirements of this paragraph. • Section 38-25-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address, (not necessarily the same as the property address)be included on the face of the deed to be recorded. • Regulations of County Clerk and Recorder's offices require that all documents submitted for recording must contain a return address on the front page of every document being recorded. • Pursuant to Section 10-11-122 of the Colorado Revised Statutes, 1987 the Company is required to disclose the following information: o The subject property may be located in a special taxing district. o A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. o Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder or the County Assessor. • Pursuant to Section 10-11-123 of the Colorado Revised Statutes, when it is determined that a mineral estate has been severed from the surface estate, the Company is required to disclose the following information: that there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and that such mineral estate may include the right to enter and use the property without the surface owner's permission. • Note: Notwithstanding anything to the contrary in this Commitment, if the policy to be issued is other than an ALTA Owner's Policy (6/17/06), the policy may not contain an arbitration clause, or the terms of the arbitration clause may be different from those set forth in this Commitment. If the policy does contain an arbitration clause, and the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties.. Copyright 2006-2009 American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees , and ALTA members in good standing as of the date of use.All other uses are under license from the American Land Title Association. LAND it 08/30/2010 8:20:09 AM Commitment No.: 598-H0288000-331-FGT Effective Date 5/1/2008 Fidelity National Financial, Inc. Privacy Statement Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of your non-public personal information ("Personal Information") and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNF's privacy practices, including how we use the Personal Information we receive from you and from other specified sources, and to whom it may be disclosed. FNF follows the privacy practices described in this Privacy Statement and, depending on the business performed, FNF companies may share information as described herein. Personal Information Collected We may collect Personal Information about you from the following sources: • Information we receive from you on applications or other forms, such as your name, address, social security number, tax identification number,asset information,and income information; • Information we receive from you through our Internet websites, such as your name, address, email address, Internet Protocol address, the website links you used to get to our websites, and your activity while using or reviewing our websites; • Information about your transactions with or services performed by us, our affiliates, or others, such as information concerning your policy, premiums, payment history, information about your home or other real property, information from lenders and other third parties involved in such transaction, account balances, and credit card information;and • Information we receive from consumer or other reporting agencies and publicly recorded documents. Disclosure of Personal Information We may provide your Personal Information(excluding information we receive from consumer or other credit reporting agencies)to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation,the following: • To insurance agents, brokers, representatives, support organizations, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction; • To third-party contractors or service providers for the purpose of determining your eligibility for an insurance benefit or payment and/or providing you with services you have requested; • To an insurance regulatory authority, or a law enforcement or other governmental authority, in a civil action, in connection with a subpoena or a governmental investigation; • To companies that perform marketing services on our behalf or to other financial institutions with which we have joint marketing agreements and/or • To lenders, lien holders,judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing. We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure is reasonably necessary to comply with the law or to protect the safety of our customers, employees, or property and/or to comply with a judicial proceeding, court order or legal process. Page 1 of 2 Privacy Statement 08/30/2010 8:20:09 AM Commitment No.: 598-110288000-331-FGT Fidelity National Financial, Inc. Privacy Statement(Continued) Disclosure to Affiliated Companies — We are permitted by law to share your name, address and facts about your transaction with other FNF companies, such as insurance companies, agents, and other real estate service providers to provide you with services you have requested, for marketing or product development research, or to market products or services to you. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law. Disclosure to Nonaffiliated Third Parties — We do not disclose Personal Information about our customers or former customers to nonaffiliated third parties, except as outlined herein or as otherwise permitted by law. Confidentiality and Security of Personal Information We restrict access to Personal Information about you to those employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard Personal Information. Access to Personal Information/ Requests for Correction,Amendment,or Deletion of Personal Information As required by applicable law, we will afford you the right to access your Personal Information, under certain circumstances to find out to whom your Personal Information has been disclosed, and request correction or deletion of your Personal Information. However, FNF's current policy is to maintain customers' Personal Information for no less than your state's required record retention requirements for the purpose of handling future coverage claims. For your protection, all requests made under this section must be in writing and must include your notarized signature to establish your identity. Where permitted by law, we may charge a reasonable fee to cover the costs incurred in responding to such requests. Please send requests to: Chief Privacy Officer Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, FL 32204 Changes to this Privacy Statement This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement, we will post a notice of such changes on our website. The effective date of this Privacy Statement, as stated above, indicates the last time this Privacy Statement was revised or materially changed. Page 2 of 2 Privacy Statement Rule 6.4.16 EXHIBIT P— Municipalities Within Two Miles There are no municipalities within two miles of the proposed mining operation. Rule 6.4.17 EXHIBIT Q — Proof of Mailing of Notices to Board of County Commissioners and Soil Conservation District Copies of this permit application were sent to: Weld County Board of Commissioners 915 Tenth Street PO Box 758 Greeley, CO 80632 West Greeley Conservation District 4302 W. 9th St. Rd Greeley, CO 80634 Phone: 970-356-8097 Ext. 3 Fax: 970-351-0392 Copies of the receipts documenting that they have received copies of this permit application are attached. Rule 6.4.18 EXHIBIT R— Proof of Filing with County Clerk and Recorder A receipt signed by the office of the Weld County Clerk and Recorder at: 1402 N. 17th Avenue Greeley, CO 80631 (970) 353-3840 acknowledging that they have received a copy of the permit application is attached. Rule 6.4.19 EXHIBIT S — Permanent Man-Made Structures The only permanent man-made structures within 200 feet of the affected land is Weld County Road 81, which is a rural gravel roadway. There is prescriptive right-of-way for WCR 81 adjacent to the site. The borrow pit boundary has been located 10 feet from the existing fence along the east side of WCR 81, which is the assumed property/right-of-way line. Rule 1.6.2(1)(b) ADDENDUM 1 — Notice Requirements A receipt of the notice of filing with the Weld County Board of County Commissioners and the West Greeley Conservation District is included in Exhibit Q. A receipt of the notice of filing at the Weld County Clerk and Recorders Office is included in Exhibit R. The signed certification for posting at the site, including photos of the posting, is included in this section. Rule 6.5 Geotechnical Stability Exhibit N/A LARGE MAPS AVAILABLE FOR VIEWING AT THE CLERK TO THE BOARD 'S OFFICE , IN THE PUBLIC REVIEW FILE . Letter of . TRANSMITTAL SELINE 1(1„11 planning engineering surveying To: Weld County Board of Commissioners Address: 915 10th Street, Greeley Re: Construction Materials Regular(112) Operation Reclamation Permit Application Date: 9/17/10 Encl.: 1 - Copy of the State application for your review. cc: Project File From the desk of... Rick Behning, P.E. ❑Corporate Headquarters IKNorthern Bureau [JWyoming ❑Northern Mountains Denver West Office Park Building 4 Downtown Greeley Montgomery Building Pentagon West Building 1536 Cole Boulevard,Suite 220 710 1 Ith Avenue, Suite 105 109 East 17th Street,Suite 1 2740 Acre Lane,Suite 201 Golden,Colorado 80401 Greeley,Colorado 80631 Cheyenne,Wyoming 82001 Steamboat Springs,Colorado 80487 Ph 303.940.9966 Ph 970.353.7600 Ph 307.635.1734 Ph 970.879.1825 Fax 303.940.9959 Fax 970.353.7601 Fax 866.242.9106 Fax 866.242.9106 www.baselinecorp.com Hello