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Home My WebLink About20091620.tiffit 44,1 TETRA TECH July 6, 2009 Weld County Clerk to the Board of County Commissioners 915 10th Street Greeley, CO 80631 Via Hand Delivery RE: Lafarge West, Inc.'s Greeley 35th Avenue Mine 112 Reclamation Permit Application Dear Clerk: Lafarge West, Inc. is applying to the State of Colorado Division of Reclamation, Mining and Safety to amend the existing DRMS Permit M-1977-036 for the Greeley 35`h Avenue Mine. As required by the DRMS regulations, the applicant must notify the Weld County Clerk to the Board of County Commissioners. The existing Greeley 35`h Avenue Mine property includes 369 permitted acres and the amendment is requested to add an additional 12.38 acres. Therefore, upon approval of the amendment, the Amended Greeley 35th Avenue Mine will include a total 381.38 acres. While the rate of mining is dependant on market conditions, it is anticipated that it will take approximately five years to mine the12.38 acre Lafarge Brown Property as part of the Greeley 35th Avenue Mine's West Pit. For your reference, we have enclosed the following items: • Notice of Filing Application • Construction Materials Regular (112) Operation Reclamation Permit Application Form • Project Description • Vicinity map depicting the site location • The Pre -Mining, Mining and Reclamation Plans If you have any questions or concerns regarding this application, you can contact me at (303) 772-5282. t'/ L`_Z L, i Pc_ 2009-1620 lb TETRA TECH Thank you for your time and attention to this matter. Respectfully, TETRA TECH --11-(eidaJA7M(44,6-C__ Pamela Franch Hora, AICP Senior Planner Attachments P.\235I I\I33-23511-0800SDeliverables\DBMS\County Comm Packet \letter to County Commis stoners doc Page 2 Weld County Clerk to the Board of County Commissioners July 6, 2009 NOTICE OF FILING APPLICATION FOR COLORADO MINED I..AND RECLAMATION PERMIT FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF COUNTY COMMISSIONERS Weld COUNTY Lafarge West,lnc. (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 Developed Water Resources _ 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 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. M:,miti%sharewNrotmel:rnixezwtiml 112.doe (Apprnvcd 05/I I /2005) Mined land Reclamation STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman 51., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 CHECK ONE: CONSTRUCTION MATERIALS REGULAR (112) OPERATION RECLAMATION PERMIT APPLICATION FORM COLORADO 1)1V IS1ON 0A RECLAMATION MINING —&— SAFETY Bill Ritter, Jr. Govenxrr There is a File Number Already Assigned to this Operation Barris 0. Sherman Executive Director Permit # A . -_- __ - . (Please reference the tile number currently assigned to this operaticdaki W. t_attany New Application (Rule 1.4.5) X Amendment Application (Rule 1.10) Conversion Application (Rule 1.11) Permit II M ; _1977 - 0 -._ (provide for Amendments and Conversions of existing permits) Division Director Natural Resource Trustee The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts: (I) the application form; (2) Exhibits A -S, Addendum 1, any sections of Exhibit 6.5 (Geotcclmical 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 1 I " or 8 1/2" X 14" size. To expedite processing, please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, AI.1, information requested below. 1. Applicant/operator or company name (name to be used on permit): Lafarge West. Inc. 1.1 Type of organization (corporation, partnership, etc.): corporation 2. Operation name (pit, mine or site name); Greeley 35th Avenue Mine 3. Permitted acreage (new or existing site): 3.1 Change in acreage (-I-) 3.2 Total acreage in Permit area 4. Fees: 4.1 New Application 4.2 New Quarry Application 4.4 Amendment Fee 4.5 Conversion. to 112 operation (set by statute) 381.38 permitted acres 12.38 acres 369 acres $2,696.00 application fee $3,342.00 quarry application $2,229.00 amendment fee 52,696.011_ cottversi.on fee 5. Primary cotnmoditie(s) to be mined: - __$and_ 5.1 Incidental commoditic(s) to he mined: 1. _via., jeasham tbtir fops/yr 2. 3. / Ibsn:ors x lbsffonsi 4.. ..... _ ._... _ )ks'I'oiLs`Y1 5 _ - - - lbs!3lons/yr 5.2 Anticipated end use of primary commodities) to be mined: constluctionmaterials, 5.3 Anticipated end use of incidental commoditic(s) to be mined: _...j/.g Office of Office of Denver • Grand Junction • Durango Active and Inactive Minna -2- 6. Name of owner of subsurface rights of affected land: refer to Exhibit O If 2 or more owners, "refer to Exhibit O". 7. Name of owner of surface of affected land: refer to Exhibit O 8. 'I'vpe of mining operation: _ X Surface Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN (check one): _c_ Gth (Colorado) 10th (New Mexico) Ute SECTION (write number): S 35 TOWNSHIP (write number and check direction): T 6 X North South RANGE (write number and check direction): R 66 East X West QUARTER SECTION (check one): NE X NW SE - SW QUARTER/QUARTER SECTION (check one): NE NW X SE SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): thc.cent .r.Qf._. the_mining area adjacent to the..City of Greeley with an approxiMate elevation of 4675 (the new portion of the m_,jning area falls within the City of Greeley). 10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTIv1): Latitude/Longitude: Example: (N) 39° 44' 12.98" (W) 104° 59' 3.87" Latitude (N): deg min sec (2 decimal places) I.ongitude (W): deg nun see (2 decimal places) OR Example: (N) 39.73691° (W) -104.98449° Latitude (N) ,..-.....--_--40___ 44605 (5 decimal places) I,ongitude(W) ......._..-_104.__.... _.....__....73497....._.._-_ (5 decimal places) OR �a1.:T'ranyerse. Mercat9r.LUTh1j Example: 201336.3 E NAD27 Zone 13 4398351.2 N U'TM Datum (specify NAD27, NAD83 or WGS 84) Easting Northing .... -3- 1 1. Correspondence Information: APP[..iCANT/OREMiOR (name, address, and phone of name to be used on permit) Contact's Name: Todd Ohlheiser Company Name: Lafarge West Inc. Title: -_..- VP Rock N oanIPjoh1.g. .___ StreevP.O. Box: 10174Ciiurrcl>_Ranch Way. Suite 20D P.O. Box: City: Westr i ,stt;.L State: Cplorado 'telephone Number: Fax Number: ( 303 1- 657-4172 303 ___I - ._ 657-4000 Zip Code: 80021 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: . ji Hora 'title: Senior Planner Company Name: Tetra Tech Street/P.O. Box: 1900 S. SunsctSt.Suita_l-F P.O_ Box: City: Longmont State: . Colorado Zip Code:.._._$QSQL. Telephone Number: C3Q3__._1 - 772-5282 - _- Fax Number: ( 303 1- 772-7039 INSPECTION CONTACT Contact's Name: Anne Best Johnson Title: _Land Mal]agrA . Company Name: Lafarge West,_Ine, Street/P.O. Box: 11409 Business Park Circle. Suite 200 P.O. Box: City: Longmont _ State: Colorado Zip Code: 80504 Telephone Number: ( 303 1- 684-2307 Fax Number: ( 303 1- 684-2327- C( ;.. STATE_QIt FEiI)Elt/\L 1;r1;ND tiVVf R(ifan Agency: Street: City: State: _....__......._............ _.. Zip Code ._.............._.........._...._..... •telephone Number: I....... l ...... .............._.............. UR FEDERAL, [.A NQOW,\1:1i_(if �tty) Agency: Street: City: ---- State: Telephone Number: t ) - Zip Code: -4- 12. Primary future (Post -mining) land use (check one): Cropland(CR) Pastureland(PL) — General Agriculture(GA) _ Rangeland(RL) Forestry(FR) Wildlife Iabitat(WL) Residential(RS) Recreation(RC) Industrial/Commercial(IC) _x,_ Developed Water Resources(WR) Solid Waste Disposal(WD) 13. Primary present land use (check one): �_ Cropland(CR) X Pastureland(PL) _ General Agricuiture(GA) Rangeland(RL) _ Forestry(FR) Wildlife Habitat(WL) Residential(RS) — Recreation(RC) Industrial/Commercial(IC) Developed Water Resources(WR) 14. Method of Mining: Briefly explain mining method (e.g. Mick/shovel): Materials will be mined using front end loaders, trucks, conveyors, and scrapers. 15. On Site Processing: X Crushing/Screening 13.1 Briefly explain mining method (e.g. truck/shovel): Excavate with a front-end loader and convey material to a fixed processing plant then crush and wash excavated materials. List any designated chemicals or acid -producing materials to be used or stored within permit area: See Attached Greeley 35th Avenue Chemical Inventory. 16. Description of Amendment or Conversion: If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s). We are adding 12.38 acres of land to the existingpermit boundary. This property is proposed to be mined as part of the "West Pit" as it is currently referred to in the existing DRMSpetmit annual reports. -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(t)(b): EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT I) EXHIBIT 1 EXHIBIT F EXHIBIT G l:XH7BIT EXHIBIT I EXHIBIT ! EXHIBIT K EXHIBIT L EXHIBIT M EXHIBIT N EXHIBIT O EXHIBIT P EXHIBIT Q EXHIBIT R EXHIBIT S Rule i.6.2(l)(h) Rule 6.5 Legal Description Index Map Pre -Mining and Mining Plan Map(s) of Affected Lands Mining Plan Reclamation Plan Reclamation Plan Map Water Information Wildlife Information Soils Information Vegetation information Climate Information Reclamation Costs Other Permits and Licenses Source of Legal Right -To -Enter Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined Municipalities Within Two Miles Proof of Mailing of Notices to County Commissioners and Conservation District Proof of riling with County Clerk or Recorder Permanent Man -Made Structures ADDENDUM 1 - Notice Requirements (sample enclosed) 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(1)(h) 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 pennit issuance, this application becomes a legally binding document. Therefore, there arc a number of important requirements which you, as a pernittee, 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 theft please contact this Office for a full explanation. 1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation. in the event your permit is revoked and financial warranty is forfeited; -6- 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information contained in the application or your permit misrepresent important material facts; 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties, to you as permittee can result; 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office; 5. It is your responsibility to notify the Office of any changes in your address or phone number; 6. Upon permit issuance and prior to beginning on -site mining activity, you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information (Rule 3.1.12): a. the name of the operator; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, c. the permit number. 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance. 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Construction Material Rules and Regulations in effect at the time the permit is issued. 9. Annually, on the anniversary date of permit issuance, you must submit an annual fee as specified by Statute, and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example, a permit with the anniversary date of July 1, 1995, the annual fee is for the period of July 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, BS the permittee, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. 10. For_ ointyenturcipartnership operators: the signing representative is authorized to sign this document and a power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application. -7 - NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions, changes, and deletions to this document prior to final decision by the Office. Therefore, if you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what changes may have been made to the application document. The Office is not allowed to consider comments, unless they are written, and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process, you may contact the Office at (303) 866-3567. -8 - Certification: As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1. To the best of my knowledge, all significant, valuable and permanent man-made structure(s) in existence at the time this application is filed, and located within 200 feet of the proposed affected area have been identified in this application (Section 34-32.5-115(4)(e), C.R.S.). 2. No mining operation will be located on lands where such operations arc prohibited by law (Section 34-32.5-115(4Xt), 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-I12,C.R.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to section 34-32.5-123, C.R.S. POSigned and dated this Z day of tJ , OcP 20 tql:$ & U1 C-5-1; l t-3 £- , Applicant/ era Company Name If Corporation Attest (Seal) Signed: V v v Signed: Title: l2a Co .nA`i7J_ �'C�Gl1t'fpic� State of l . �: C'! C: (VC) -- —) County of T\ CVA.t . _ .-........__> }s. Corporate Secretary or Equivalent Town/City/County Clerk The foregoing instrument was acknowledged before me this . _._._...,. day of 111-t r� �ls ....._.V..t...._�..r {....l.i��......�'... — of-i�i�21_.4'..._lz✓t `zL.,../.�,, `,```11nUu urpiry,,�i cG,\Fik S ......... O ,kOTARy cn ' PUB Q OF c0\ - €Clef PC( c. . Notary Public My Commission expires: SIGNATURES MUST BE IN BLUE INK Greeley 35th Avenue Mine Site Chemical Inventory Calcium Chloride Diesel Fuel Various Admixtures for Concrete Production Propane Asphalt Cement Lime Emulsified AC Burner Fuel Release Agent Acetylene Brakleen Parts Cleaner 15W40 Oil Anti -Freeze Mobil Grease XHP 222 Mobilgear 600 XP 150 Oil Mobilgrease XHP 320 MINE Oxygen Note: This list may change in the future, but chemicals that are replaced will he similar. PROJECT DESCRIPTION for Amendment to Greeley 35`h Avenue Mine Lafarge West, Inc. is proposing to amend their existing DRMS Permit M-1977-036 for the Greeley 35`h Avenue Mine. The existing Greeley 35th Avenue Mine property includes 369 permitted acres and is located in Section 35 and in the northeast quarter of Section 34, Township 6 North, Range 66 West of the 6`h PM. The amendment is requested to add an additional 12.38 acres all of which are located in the northeast quarter of Section 34, Township 6 North, Range 66 West of the 6th PM which shall hereafter be referred to as the "Lafarge Brown Property". Therefore, upon approval of the amendment, the Amended Greeley 35th Avenue Mine will include a total of 381.38 acres. Mining activities at the Amended Greeley 35th Avenue Mine will disturb approximately 345.5 acres. The areas not being disturbed are along the Cache La Poudre River outside of a fence around the perimeter of the site. Within the 345.5 acres, the areas not being mined may be used for offsets from existing structures, property lines and waterways; and internal road and conveyor access. The entire site (Greeley 35th Avenue Mine plus the Lafarge Brown property) is owned by Lafarge West, Inc. The Lafarge Brown Property will be mined as part of the "West Pit" which is currently being mined consistent with Permit M-1977-036. Lafarge will maintain a 100' mining setback from the mining cell on the Lafarge Brown Property to the top of the bank of the Cache la Poudre River. While the rate of mining is dependant on market conditions, it is anticipated that it will take approximately five years to mine the Lafarge Brown Property as part of the Greeley 35`h Avenue Mine's West Pit. Conveyors will continue to be used to transport the mined aggregate to the plant site for processing. A portable aggregate processing plant is used on -site for crushing, screening, and washing the raw materials. The processed materials are then used at the concrete and asphalt plants, which are located in the southeast corner of the Greeley 35th Avenue Mine site, or they are sold/delivered offsite for commercial and government projects. The Lafarge Brown Property will also be reclaimed as part of the West Pit into an open water pond. Excess overburden or portions of the deposit not mined will be used to vary the shape and slopes of the finished unlined pond. Native and adaptive plantings and ground covers will be used to restore and enhance all areas disturbed by mining activities. 0 } r x w 0 N 0 U U, 0 0 ca 0 u) N co M U, M a z 0 i a 0 c wI 70_ z O O w 2 z CC w x w M4 R9 641 z�-..: ;ICOUNTY F v _ Project No.: 133-23511-08005 3000' 6000' SCALE: 1" = 6000' ORIGINAL M-1977-036 PERMIT BOUNDARY AREA TETRA TECH www.tetratech.com 1900 S. Sunset Street, Ste. 1-F Longmont, Colorado 80501 PHONE: (303) 772-5282 FAX: (303) 772-7039 STATE H RIVER W20TH..St.; GREELEY 35TH AVENUE MINE INDEX MAP LAFARGE WEST, INC. Designed By: EXHIBIT B Copyright: Tetra Tech LARGE MAPS AVAILABLE FOR VIEWING AT THE CLERK TO THE BOARD'S OFFICE, IN THE PUBLIC REVIEW FILE. •[it) • • TETRA TECH July 6, 2009 Weld County Via Hand Delivery Clerk to the Board of County Commissioners 915 10th Street Greeley, CO 80631 RE: Lafarge West Inc.'s Greeley 351h Avenue Mine 112 Reclamation Permit Amendment Application Dear Clerk: Enclosed please find a copy of the MLRB 112 Permit Amendment Application for the Greeley 35th Avenue Mine in Weld County, Colorado. As required by Section 1.6.2 (1)(c) of the Colorado MLRB Rules, a copy of the application must be made available to the public through the County in which the project is located. Thank you and please contact me at (303) 772-5282 if you have any questions. Sincerely, TETRA TECH Pamela Franch Hora, AICP Senior Planner Attachment P A133-23511-0N011SDeliverables.DRMSApplication Package Exhibit RVCIrkRecCovLetdoc [_rb' TETRA TECH • July 6, 2009 Mr. Jared Ebert Colorado Division of Reclamation, Mining and Safety 1313 Sherman Street, Room 215 Denver, CO 80203 RE: Amendment to Greeley 35th Avenue Mine (Permit No. M-1977-036) Dear Jared: Attached please find the DRMS 112 Reclamation Permit Application to amend the Greeley 35th Avenue Mine Permit # M-1977-036. This permit is being submitted on behalf of Lafarge West, Inc., in care of Anne Best Johnson. We are submitting this application to amend the Greeley 35th Avenue Mine Permit in order to add 12.38 acres of land, referred to as the "Lafarge Brown Property", into the permit boundary. With this amendment, the permit acreage will increase from 369 acres to 381.38 acres. • • The Lafarge Brown Property is located within the City of Greeley. On May 7, 2009 we submitted a Use by Special Review (USR) and Rezoning Applications to the City of Greeley to permit the Lafarge Brown Property to all mining to occur. Weld County is aware of Lafarge's plan to incorporate the Lafarge Brown Property into the Greeley 35th Avenue Mine which is currently permitted through the County as AM USR-247. Anne Johnson is going to be unavailable for part of July and all of August. Therefore, please include a copy of all correspondence regarding this application to me in order to make sure we respond in a timely manner. My contact information is as follows: Tetra Tech, 1900 S. Sunset Street, Suite 1F, Longmont, CO 80501 Main Number: 303-772-5282 Direct Number: 720-864-4507 Email address: pam.horarcJ,tetratech.com Thank you for your consideration. Please contact me if you have any questions. We look forward to hearing from you. Sincerely, TETRA TECH Pamelaa/Frraanch Hora, AICP Senior Planner cc: Anne Best Johnson, Lafarge West, Inc. P 2..351IAI 33-235I I-0BD0SDeliverablaADRMSVApplication Packagelcover letter to DRMS doc • • • TABLE OF CONTENTS APPLICATION FORM EXHIBIT A: EXHIBIT B: EXHIBIT C: EXHIBIT D: EXHIBIT E: EXHIBIT F: EXHIBIT G: EXHIBIT H: EXHIBIT I: EXHIBIT J: EXHIBIT K: EXHIBIT L: EXHIBIT M: EXHIBIT N: EXHIBIT O: EXHIBIT P: EXHIBIT Q: EXHIBIT R: EXHIBIT S: Legal Description Index Map Pre -Mining and Mining Plan Maps of Affected Lands Mining Plan Reclamation Plan Reclamation Plan Map Water Information Wildlife Information Soils Information Vegetation Information Climate Reclamation Costs Other Permits and Licenses Source of Legal Right to Enter Owner of Record Municipalities within Two Miles Proof of Mailing Notices to County Commissioners Proof of Filing with County Clerk or Recorder Permanent Man -Made Structures within 200 Feet of the Affected Area ADDENDUM 1 - NOTICE STABILITY EXHIBIT Greeley 35th Avenue Mine (M -I977-036) DRMS 112 Reclamation Permit Amendment Application STATE OF COLORADO Mined Land Reclamation • DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303i 832-8106 CONSTRUCTION MATERIALS REGULAR (112) OPERATION RECLAMATION PERMIT APPLICATION FORM COLORADO I)Ivis I0N or RECLAMATION MINING —&— SAFETY Bill Ritter, Jr. Governor CHECK ONE: There is a File Number Already Assigned to this Operation Harris D. Sherman Executive Director Permit /I M = - - (Please reference the file number currently assigned to this operatictale N. cattany New Application (Rule 1.4.5) X Amendment Application (Rule 1.10) Conversion Application (Rule 1.11) Division Director Natural Resource Trustee Permit # M.-_1977 _ 036 - (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 8 112" X 11" or 8 112" 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. Applicant/operator or company name (name to be used on permit): Lafarge West, Inc. 1.1 Type of organization (corporation, partnership, etc.): corporation 2. Operation namef pit, mine or site name?: Greeley 35th Avenue Mine 3. Permitted acreage (new or existing site): 3.1 Change in acreage (+) 3.2 Total acreage in Permit area 4. Fees: 4.1 4.2 4.4 4.5 New Application New Quarry Application Amendment Fee Conversion. to 112 operation (set by statute) 5. Primary comroditie(s) to be mined: sand _._..gravel 5.1 Incidental commoditie(s) to be mined: 1:.gQIt1-..Ie ,att_LlbO:ons;.y9- 3. lbs/ Tons/yr 4. _'._— ._. 1bs/Ton yr_ fill 381.38 permitted acres 12.38 acres 369 acres $2,696.00 application fee $3,342.00 quarry application $2,229.00 amendment fee $2.696.00 conversion fee 2.--..... lbs "Tons/vr 5. _...._._. — ---- lbs._To is/yr 5.2 Anticipated end use of primary commoditie(s) to be mined: construction materials 5.3 Anticipated end use of incidentalcommoditie(s) to be mined: n/a • Office of Office of Denver • Grand function • Durango Active and Inactive Mines -2- • • • 6. Name of owner of subsurface rights of affected land: refer to Exhibit 0 If 2 or more owners, "refer to Exhibit O". 7. Name of owner of surface of affected land: refer to Exhibit O 8. Type of mining operation: X Surface Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN (check one): X 6th (Colorado) lath (New Mexico) Ute SECTION (write number): S 35 TOWNSHIP (write number and check direction): T 6 X North South RANGE (write number and check direction): R 66 East X West QUARTER SECTION (check one): NE X NW SE SW QUARTER/QUARTER SECTION (check one): NE NW X SE SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): the center of the mining area adjacent to the_City of Greeley with atiapproximate elevation of 4675 (the new portion of the mining area falls within the City of Greeley). 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 Longitude (W): deg OR Example: (N) 39.73691° (W) -104.98449° min min sec . (2 decimal places) sec (2 decimal places) Latitude (N) 4p 44605 (5 decimal places) Longitude(W) --_..-.. ] 04----74QZ(5 decimal places) OR ( ni1ersaI,Iranyerse.Ivlercat LU T'M) Example: 201336.3 E NAD27 Zone 13 4398351.2 N UTM Datum (specify NAD27, NAD83 or WGS 84) Zone Easting Northing -3- • • • 1 1. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Contact's Name: Todd Ohiheiser _ _ Title: VP_M,ountain Ate,. Company Name: Lafarge West. Inc. Street/P.O. Box: 10170 Ch tekRanch_Way. Suite 200 P.O. Box: City: Westminster State: _Colorado - Zip Code: 80021 "telephone Number: ( 303 ) - 657-4000 Fax Number: ( 303 ) - 657-417 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Pam Flora Title: Senior Planner Company Name: Tetra Tech Street/P.O. Box: 1900 S. Sunset St, Suite I -F P.O. Box: City: Longmont State: Colorado Zip Code: 8050L Telephone Number: (. 303 1- 772-5282 Fax Number: ( 303 ) - 772-7039 INSPECTION CONTACT Contact's Name: Anne Best Johnson 'Title: Land Manager _— Company Name: Lafarge West. Inc. Street/P.O. Box: _ 11409 Business Park Circle. Suite 200 P.O. Box: City: Longmont State: Colorado Zip Code: 80504 Telephone Number: ( 303 ) - 684-2307 Fax Number: 1 303 ) - 684-2327 CC: STATE OR F₹,DERAL LANDOWNER (if any) Agency: -- _ Street: City: State: Telephone Number: t... ) - ........._..... EC: STATE OR FEDERAL NDOWNER of anyl Agency: -- Street: City: State: Telephone `umber: Zip Code: Zip Code: -4- • • • 12. Primary future (Post -mining) land use (check one): Cropland(CR) Pastureland(PL) General Agriculture(GA) Rangeland(RL) Forestry(FR) Wildlife Habitat(WL) Residential(RS) Recreation(RC) lndustriallCommercial(IC) X Developed Water Resources(WR) Solid Waste Disposal(WD) 13. Primary present land use (check one): _ Cropland(CR)_ Pastureland(PL) General Agriculture(GA) Rangcland(RL) __ Forestry(FR) Wildlife Habitat(WL) Residential(RS) Recreation(RC) lndustrialiCommercial(IC) Developed Water Resources(WR) 14. Method of Mining: Briefly explain mining method (e.g. trucklshovel): Materials will be mined using front end loaders, trucks, conveyors, and scrapers. 15. On Site Processing: X Crushing/Screening 13.1 Briefly explain mining method (e.g. truck/shovel): Excavate with a front-end loader and convey material to a fixed processing plant then crush and wash excavated materials. List any designated chemicals or acid -producing materials to be used or stored within permit area: See Attached Greeley 35th Avenue Chemical Inventory. 16. Description of Amendment or Conversion: If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s). We are adding 12.38 acres of land to the existingpermit boundary. This property is proposed to be mined as part of the "West Pit" as it is currently referred to in the existing DRMS permit annual reports. -5- • • • Maps and Exhibits: Two (2) complete, unbound application packages must be submitted. One complete application package consists of a signed application form and the set of maps and exhibits referenced below as Exhibits A -S, Addendum 1, and the Geotechnical Stability Exhibit. Each exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ease of reference. If separate documents are used as appendices, please reference these by name in the exhibit. With each of the two (2) signed application forms, you must submit a corresponding set of the maps and exhibits as described in the following references to Rule 6.4, 6.5, and 1.6.2(1)(b): EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H EXHIBIT I EXHIBIT 1 EXHIBIT K EXHIBIT L EXHIBIT M EXHIBIT N EXHIBIT O EXHIBIT P EXHIBIT Q EXHIBIT R EXHIBIT S Rule 1.6.2(1)(b) Rule 6.5 Legal Description index Map Pre -Mining and Mining Plan Map(s) of Affected Lands Mining Plan Reclamation Plan Reclamation Plan Map Water Information Wildlife Information Soils Information Vegetation Information Climate Information Reclamation Costs Other Permits and Licenses Source of Legal Right -To -Enter Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined Municipalities Within Two Miles Proof of Mailing of Notices to County Commissioners and Conservation District Proof of Filing with County Clerk or Recorder Permanent Man -Made Structures ADDENDUM 1 - Notice Requirements (sample enclosed) Geotechnical Stability Exhibit (any required sections) The instructions for preparing Exhibits A -S, Addendum 1, and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule 1.6.2(1 )(b) of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required, or would like to schedule a pre -application meeting you may contact the Office at 303-866.3567. Responsibilities as a Permittee: Upon application approval and permit issuance, this application becomes a legally binding document. Therefore, there arc a number of important requirements which you. as a permittee, should fully understand. These requirements are listed below. Please read and initial each requirement, in the space provided, to acknowledge that you understand your obligations. If you do not understand these obligations then please contact this Office for a full explanation. 1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; -6- 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information contained in the application or your permit misrepresent important material facts; 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties, to you as permittee can result; 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office; 5. It is your responsibility to notify the Office of any changes in your address or phone number; '1 "' 6. Upon permit issuance and prior to beginning on -site mining activity, you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information (Rule 3.1.12): a. the name of the operator; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, c. the permit number. 1� 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance. 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Construction Material Rules and Regulations in effect at the time the permit is issued. e-ry W 9. Annually, on the anniversary date of permit issuance, you must submit an annual fee as specified by Statute, and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example, a permit with the anniversary date of July 1, 1995, the annual fee is for the period of July 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. it is your responsibility, as the permittee, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. 10. For. joint venture/partnership_._7perators: the signing representative is authorized to sign this document and a power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application. • -7- • NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions, changes, and deletions to this document prior to final decision by the Office. Therefore, if you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what changes may have been made to the application document. The Office is not allowed to consider comments, unless they are written, and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process, you may contact the Office at (303) 866-3567. • • -8- • Certification: As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1. To the best of my knowledge, all significant. valuable and permanent man-made structure(s) in existence at the time this application is filed, and located within 200 feet of the proposed affected area have been identified in this application (Section 34-32.5-115(4)(e), C.R.S.). 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-1 15(4Xf), 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, C.R.S. ho Signed and dated this Z Z day of t� t C • • RI &4) k IJ Applicant/ era Company Name Signed: Title: i 12-0 CV`( vi^7 J 'A, -(x'/ r -6,'-e5 State of L\C6t:C C.: ) ss. County of ',(V, N.'_._�.-.._ ) ,Zoe? If Corporation Attest (Seal) Signed: Corporate Secretary or Equivalent Town/City/County Clerk The foregoing instrument was acknowledged before me this : —.-. day of-__-� t.k (Qt }__..r...- 1-\ wi - -� ' as - - P Lt Vq. iv11vi_._ - --.1 ii.1_ �.,-1._.4:._.._.L,-It ` .i_-,_ j..i .-4r f { Notary Public My Commission expires: -.._ _.. SIGNATURES MUST BE IN BL.t)E INK Greeley 35th Avenue Mine Site Chemical Inventory Calcium Chloride Diesel Fuel Various Admixtures for Concrete Production Propane Asphalt Cement Lime Emulsified AC Burner Fuel Release Agent Acetylene Brakleen Parts Cleaner 15W40 Oil Anti -Freeze Mobil Grease XHP 222 Mobilgear 600 XP 150 Oil Mobilgrease XHP 320 MINE Oxygen Note: This list may change in the future, but chemicals that are replaced will be similar. • • • EXHIBIT A Legal Description Metes and Bounds Legal Description Lots A and B, Recorded Exemption No. 0805 -35 -RE 2056, According to plat recorded September 30, 1197 at Reception No. 2571593, located in Sections 34 and 35, Township 6 North, Range 66 West of the Sixth Principal Meridian, County of Weld, State of Colorado. Together with that parcel of land as described below: A tract of land located in the northeast quarter of the northeast quarter of Section 34, Township 6 North, Range 66 West of the Sixth Principal Meridian, County of Weld, State of Colorado being more particularly described as follows: Commencing at the northeast corner of said Section 34 whence the north sixteenth corner of Sections 34 and 35 bears south 00°12'48" east 1352.35 feet, said line forming the basis of bearings for this legal description, thence along the east line of the northeast quarter of said Section 34 south 00°12'48" east 415.98 feet to the point of beginning. Thence continuing along the east line of said northeast quarter of Section 34 south 00° 12'48" east 936.38 feet to the north sixteenth corner of Sections 34 and 35; thence along the south line of the northeast quarter of the northeast quarter of said Section 34 south 89°48'39" west 913.84 feet to a point whence the northeast sixteenth corner of said Section 34 bears south 89°48'39" west 409.40 feet; thence north 37°40'01" east 57.99 feet; thence north 30°40'35" east 199.28 feet; thence north 34°56' 11" east 211.31 feet; thence north 43°03'48" east 101.98 feet; thence north 36°40'29" east 347.03 feet; thence north 45°09'32" east 273.77 feet; thence north 89°03'37" east 181.23 feet to the point of beginning, containing 12.38 acres more or less. Said described parcel of land contains 12.38 acres, more or less (±) and is subject to any rights -of - way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. Net acreage of both parcels is 381.38 acres more or less (±). Mine Entrance Location The location of the mine entrance is: Latitude (N): 40.44605 Longitude (W): 104.73497 Greeley 35rh Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page AI of Al EXHIBIT B • Index Map See attached map. • • Greeley 35h Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page B] of B1 i z 0 co Lu a 2 J O A a 0 N N a Project No.: 133-23511-08005 LAFARGE BROWN PROPERTY FST ORIGINAL T ` M-1977-036 PERMIT BOUNDARY AREA 3000' 6000' SCALE: 1" = 6000' TETRA TECH etratech.com 1900 S. Sunset Street, Ste. 1-F Longmont, Colorado 80501 PHONE' (303) 772-5282 FAX (303) 772-7039 24 19 GREELEY 35TH AVE. MINE GREELEY 35TH AVENUE MINE INDEX MAP LAFARGE WEST, INC. Date: 6-8-09 Designed By: MM EXHIBIT B Copyright: Tetra Tech EXHIBIT C • • • Pre -Mining and Mining Plan Maps of Affected Lands See attached map. Greeley 35`" Avenue Mine (M-1977-036) DBMS 112 Reclamation Permit Amendment Application Page CI of CI LARGE MAPS AVAILABLE FOR VIEWING AT THE CLERK TO THE BOARD'S OFFICE, IN THE PUBLIC REVIEW FILE. • • EXHIBIT D Mining Plan General This is an application to amend existing DRMS Permit M-1977-036 for the Greeley 35th Avenue Mine. The existing Greeley 35th Avenue Mine property includes 369 permitted acres and is located in Section 35 and in the northeast quarter of Section 34, Township 6 North, Range 66 West of the 6th PM. The amendment is requested to add an additional 12.38 acres all of which are located in the northeast quarter of Section 34, Township 6 North, Range 66 West of the 6th PM which shall hereafter be referred to as the "Lafarge Brown Property". Therefore, upon approval of the amendment, the Amended Greeley 35th Avenue Mine will include a total of 381.38 acres. The Amended Greeley 35th Avenue Mine is adjacent to and partially within the City of Greeley and is located directly west of North 35th Avenue, along and south of the Cache La Poudre River and north of the Great Western Railroad tracks. Like the currently permitted area, the 12.38 acre area to be added into the permitted acreage contains a significant commercial sand and gravel deposit. Mining activities at the Amended Greeley 35th Avenue Mine will disturb approximately 345.5 acres. The areas not being disturbed are along the Cache La Poudre River outside of a fence around the perimeter of the site. Within the 345.5 acres, the areas not being mined may be used for offsets from existing structures, property lines and waterways; and internal road and conveyor access. Surrounding land uses include agriculture, another gravel mining operation, and some reclaimed gravel mining ponds to the east of the Amended Greeley 35th Avenue Mine. There are a few homes located north of a portion of the existing permitted area along WCR 64 (O Street). The Lafarge Brown Property was drilled during sampling episodes in June and July of 2006, and testing has been performed to verify the sand and gravel deposits are commercially marketable. Based on test results, it is approximated that the overburden on the Lafarge Brown property will amount to approximately 63,000 cubic yards. Overburden exists to an average depth of approximately 2.5 to 3 feet over the Lafarge Brown Property. All overburden needed for the construction of the final reclamation slopes will remain on -site. The average depth of sand and gravel on the Lafarge Brown Property is approximately 35 feet across the site and mining at the site is intended to progress down to bedrock; however, the mining cell depth may vary based on geologic and/or other site conditions. The groundwater level for the Lafarge Brown Property lies approximately 9 to 13 feet below natural ground level, on average. The deposit is therefore classified as a wet alluvial deposit. As is currently being done, mining operations will be carried out following dewatering. The entire site (Greeley 35th Avenue Mine plus the Lafarge Brown property) is owned by Lafarge West, Inc. The Lafarge Brown Property will be mined as part of the West Pit which is currently being mined consistent with Permit M-1977-036. While the rate of mining is dependant on market Greeley 35th Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page Dl of D3 • • • conditions, it is anticipated that it will take approximately five years to mine the Lafarge Brown Property as part of the Greeley 35th Avenue Mine's West Pit. Methods of Mining The typical mining procedure will continue to be as follows. Initially, the topsoil and overburden will be stripped with scrapers and utilized to construct reclamation slopes in adjacent mined out areas. Following stripping of the overburden, the deposit will be dry mined through the use of drainage trenches and pumps. Prior to mining, a dewatering trench will be constructed around the perimeter of the mining cell. A sump hole will be created at the lowest point of the dewatering trench. Water will be pumped to the existing NPDES discharge point via a series of ditches and ponds. The ponds will allow sediment to settle before the water is discharged to the Cache la Poudre River in accordance with Colorado/NPDES discharge permit regulations. When the alluvium is sufficiently dry, front-end loaders will excavate the material and deposit it on conveyors. The mining face will be nearly vertical to 0.5:1 slope. The conveyors will transport the material to be processed at the existing plant site which is located on the east side of the Greeley 35th Avenue Mine. A portable aggregate processing plant is used on site for crushing, screening, and washing the raw materials. The processed materials are then used at the concrete and asphalt plants, which are located in the southeast corner of the Greeley 35th Avenue Mine site, or they will be sold/delivered offsite for commercial and government projects. All surface water within the mine areas will drain internally. There will not be any uncontrolled release of surface water and sediment from the mining area. Storm water collected in the open mine will be managed in accordance with Colorado/NPDES discharge permit requirements. Sediment generated from localized storm water runoff and surface drainage will be managed according to the Stormwater Management Plan, enclosed in Exhibit G (Attachment G-2). Water rights at the site will be used for dust control operations. The Operational Losses paragraph contained in Exhibit G estimates provides information about the estimated annual consumptive use for dust control. The water for dust control will be supplied using a 2,500 gallon water truck. No explosives are planned to be used. Overburden Topsoil and overburden from the Lafarge Brown property will be stripped with scrapers or a dozer and placed on the mine floor or placed immediately in the reclamation slope. There will be no permanent stockpiles on this property; all extra overburden will be used to create undulating shorelines. Greeley 35`h Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page D2 of D3 • • • Commodities to be Mined The primary commodity to be mined will be aggregate and a secondary commodity will be gold. Lafarge will supply local, county, and state governments, as well as private industry with aggregate from this facility. If gold is to be mined it will be used for commercial purposes. Offsets For mining on the Lafarge Brown Property, Lafarge will maintain a 100' mining setback from the Cache la Poudre River. There are three existing structures within 200' of the mining cell on the Lafarge Brown property. According to the Geotechnical Slope Analysis included in the Stability Exhibit, each of these structures are set back a safe distance from the highwall of the mine. See Exhibit S and the Stability Exhibit for specifics. Lafarge will not relocate any ditch or waterway during the mining of the Brown property. Roads and Conveyors Only conveyors will be used to transport the aggregate on the Lafarge Brown property to the Greeley 35th Avenue Mine plant site. No haul roads will be constructed in connection with the mining of the Lafarge Brown property. Mine Schedule It is estimated that the Lafarge Brown property has approximately 590,000 tons of aggregate to be mined. While the rate of mining is dependant on market conditions, it is anticipated that it will take approximately five years to mine the Lafarge Brown Property as part of the Greeley 35th Avenue Mine's West Pit. Equipment No new equipment will need to be brought onto the site as a result of mining the Lafarge Brown property as part of the Greeley 35th Avenue Mine. Greeley 35th Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page D3 of D3 • • • EXHIBIT E Reclamation Plan Design intent The Lafarge Brown property will be mined as part of the West Pit of the Greeley 35`s Avenue Pit site. The West Pit will be reclaimed as an open water pond. Excess overburden or portions of the deposit not mined will be used to vary the shape and slopes of the finished unlined pond. Native and adaptive plantings and ground covers will be used to restore and enhance all areas disturbed by mining activities. This reclamation plan was developed based on: • A thorough evaluation of the environmental resources and existing conditions on and adjacent to the property; • The context of the property relative to existing and planned land uses in the area; • The volume, depth and configuration of the mineral resource; • The landowners' plans for the property; and • The rules and policies of the City of Greeley, the Colorado Division of Minerals and Geology and other applicable local, State and Federal agencies. Key considerations include the following: • The Cache la Poudre riparian corridor borders the northwest side of the Lafarge Brown property. The corridor has been left out of the permit boundary adjacent to the Lafarge Brown Property. • The open water pond which will be created upon reclamation of the Lafarge Brown property may provide some wildlife habitat due to its proximity to the river corridor. Post -Mining Land Use Following the mining of the Lafarge Brown property, the land will be reclaimed to be part of the open water pond planned for the West Pit. All disturbed areas around the perimeter of the mined area will be revegetated as needed with a native seed mix, as recommended by the Soil Conservation Service (recommended seed mixes below). This use is compatible with the surrounding land uses and with the City of Greeley planning goals. Lafarge will concurrently reclaim mine walls where mining has been completed according to the Mine Plan. Reclamation, including re -grading and seeding, will be completed within two to five years following the completion of mining or filling operations. The mining and reclamation will leave no high walls on the property. No acid forming or toxic materials will be used or encountered in the mining. There will be no auger holes, adits, or shafts left on the site. Topsoiling Topsoils in the proposed mine areas are Aquolls, Aquents, and Fort Collins loam. All suitable soil material will be salvaged for topsoil replacement. Topsoil will be replaced, where required, in reclaimed areas at a depth of approximately six to twelve inches. The topsoil will be segregated and stored separately from the overburden material as required by Rule 3.1.9(1). Greeley 35th Avenue Pit (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page El of E4 • • • Soil amendments are not expected to be required due to the nature of the soils. However, topsoil samples will be subjected to agricultural testing prior to reclamation to assess fertilizer requirements. The Soil Conservation Services (SCS) will be contacted periodically throughout reclamation for soil tests. SCS soil fertilizer recommendations, if any, will be followed. Reclamation Measures — Material Handling Site reclamation measures are illustrated in Exhibit F. The Lafarge Brown property will be reclaimed to be part of the open water pond planned for the West Pit. The pond will be an un- sealed groundwater pond. All mine walls will be re -graded with overburden material. If needed, portions of the deposit not mined may be used to supplement the overburden. Slopes above the post -mine high water level will be 4H: IV and slopes below the post -mine high water level will not exceed 3H:1 V. Topsoil will be spread over the surface of the re -graded slopes in all areas above the post -mining pond level; all topsoil -covered surfaces will be revegetated with the appropriate seed mix. Topsoil replaced in reclaimed areas will be at a depth of approximately six to twelve inches. Scrapers and a dozer will be used to place the backfilled overburden and topsoil. Using the scrapers and dozer to layer the lifts at a maximum 3:1 slope ensures a stable configuration. Site grading will be performed to create stable topography and will be consistent with post -closure land uses. Reclamation costs and quantities are summarized in Exhibit L. Water Overburden and mine materials will be inert and impacts to local surface water or groundwater quality are not anticipated to occur as a result of mining activities. Lafarge West, Inc. will comply with all applicable Colorado water laws and all applicable Federal and State water quality laws and regulations and appropriate storm water management and erosion control to protect the river and existing riparian vegetation. Wildlife The Lafarge Brown property is adjacent to the Cache la Poudre River corridor which provides wildlife habitat to a variety of species (see Exhibit H for details). While a portion of the Lafarge Brown property is within this corridor; none of this portion of the property is being included within the permit boundary for this application. The Poudre Trail Corridor and a fence separate the area within the permit boundary from the river corridor. Therefore, the proposed mining on the Lafarge Brown property will not significantly impact wildlife within the riparian corridor. Revegetation Following topsoil replacement, reseeding will be performed according to SCS recommended practices. Based on SCS guidance for other local projects having similar surficial soils, the following revegetation procedures are anticipated: • Grass seed will typically be planted in unfrozen soil between October I and April 30. • Grass seed will be planted with a grass drill, or where necessary, with a broadcast seeder. Greeley 35`" Avenue Pit (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page E2 of E4 • • • • The proposed seed mix and application rates in pounds of pure live seed per acre are described on the following pages. • Weed control practices will be implemented as required. The above procedures may be modified as conditions dictate. If a significant invasion of noxious weeds occurs, the area will be mowed periodically for control. Weeds will be mowed before they go to seed during the first growing season. Mechanical control will be used as a first priority. Chemical methods will be used only if no other alternative produces acceptable results. Marsh and aquatic plants are expected to establish themselves along the shoreline of the post - mining pond. The species of plants anticipated to establish themselves naturally along the pond shoreline include cattails, willows, cottonwoods, and bulrushes. The existing riparian areas along the Cache la Poudre River would function as a seed bank for the pond area. These plants should minimize shore erosion potential. The following are the proposed seed mixtures to be used on site where appropriate. However, availability may dictate the need for variety substitution. Seed Mix for Upland Areas it it 4 ea '44s4S i + k`�t�47�q,. A:ro. ron smithii 31 3 J� t' 1 Western Wheat:rass Arriba 17.0% 1.74 Sideoats Grama Bouteloua curti.endia Butte 17.5% 1.80 Mountain Brome Bromus mar:inatus Bromar 17.0 % 1.74 Prairie Sandreed Calamovilfa lon:ifolia Goshen 1.0% 0.48 Switch:rass Panicum vir:atum Pathfinder 7.0% 0.67 Alkali Sacaton S.orobolus airoides 1.0% 0.10 Needle and Thread Sti . a comata 13.0% 1.29 Northern Sweetvetch Hed sarum boreale Tim.. 10.0% 1.02 Rock Mountain Penstemon Penstemon strictus Bandera 5.0% 0.46 Scarlet Globemallow S.haeralcea coccinea ARS2936 3.0% 0.26 Prairie Wildrose Rosa Arkansana 8.5% 0.87 Total lbs/ac 100% 10.43 Pure Live Seed pounds per acre; rates shown are for drill seeding; double rates for broadcast seeding. Greeley 35th Avenue Pit (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page E3 of E4 • • • Seed Mix for Transitional Zone/Water's Edge Nk si^"�" *q •$`..4` .rN J J mmS � N S CoNam j n' '9my •.v`'r'fi J K.2 " tip i +. d � l , , ,Scientif c o'`v 1'Hr �a n ' 'F..., i ,-" c Western Wheatgrass Agropyron smithii Arriba 10.6% 1.45 Side Oats Grama Bouteloua curtipendia Butte 9.2% 1.24 Canada wildrye Elymus canadensis Mandan 18.1% 2.47 Basin wildrye Elymus cinereus Magnar 9.8% 1.34 Switchgrass Panicum virgatum Pathfinder 5.7% 0.78 Sand dropseed Sporobolus cryptandrus 0.2% 0.03 Scarlet Globemallow Sphaeralcea coccinea ARS2936 3.8% 0.52 American vetch Vica americana 42.6% 5.81 Total lbs/ac 100% 13.64 Pure Live Seed pounds per acre; rates shown are for drill seeding; double rates for broadcast seeding. Greeley 35th Avenue Pit (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page E4 of E4 LARGE MAPS AVAILABLE FOR VIEWING AT THE CLERK TO THE BOARD'S OFFICE, IN THE PUBLIC REVIEW FILE. • • • EXHIBIT F Reclamation Plan Map See attached map. Greeley 35"° Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page F1 of Fl • • • EXHIBIT G Water Information General Mining at the Lafarge Brown property will intercept shallow alluvial groundwater, which typically lies 9 to 13 feet below ground surface. Deeper bedrock aquifers that may underlie the site will be unaffected by the mining operation due to the shallow depth of excavations and low permeability bedrock strata beneath the shallow sand and gravel. A Groundwater Monitoring and Mitigation Plan is provided (Attachment G-1) as a guideline for monitoring and mitigation measures. Pertinent groundwater features within and around the site are discussed and illustrated in the Groundwater Monitoring and Mitigation Plan and in Exhibit C. Mining will occur south of the Cache La Poudre River. The various mine phase areas will be dewatered by the use of perimeter drains. All water collected as part of the dewatering will be discharged into drainage ditches and ponds then into the river via discharge points at the existing mine. Upon completion of mining, the site will become part of a larger unlined pond that will also cover properties of the existing permitted area to the east and south. Potential Water Resource Impacts The Lafarge Brown mining operation is projected to have minimal impacts on water resources in the area. Due to the relatively thin gravel deposit, shallow excavation, phased operation, and natural and hydrologic boundaries and barriers, a rather limited extent of drawdown due to the mine dewatering operation is projected beyond the Lafarge Brown Property. As addressed in the Groundwater Monitoring and Mitigation Plan (Attachment G-1), the site hydrogeology indicates that no existing permitted private wells would be significantly affected by the mine operation mainly due to the hydraulic barrier of the Cache La Poudre River and the distance of wells from the site. Discharge Permits The proposed mine will be dewatered and operated as a dry mine. Alluvial groundwater from the dewatering will be discharged to the Cache La Poudre River. The existing CDPES (discharge) permit for the 35`I' Ave mining operation will be amended to include the Lafarge Brown property. The discharge rate will vary seasonally. Surface Water and Stormwater Management The applicant has a stormwater management plan for the mine to the east and south. This plan will be amended to include the Lafarge Brown property. In Colorado, storm water discharges are covered under the general discharge permit. As stated previously, the existing discharge permit will be modified to include the Lafarge Brown parcel. The Stormwater Management Plan is included as Attachment G-2. Greeley 35th Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application PA23511V33-2351 I-08005\Deliverables\DRMS%pplicationPackage\ExhibitG\ExhibitG06-05-09.doc Page G1 of G3 • • • Consumptive Water Use The consumptive uses at the Lafarge Brown Mine will include evaporative losses, water used for dust control, and water consumed in the mined material removed from the site. The Lafarge Brown Mine consumptive use volumetric projections are described below. Evaporative Losses The NOAA Technical Report NWS 33, Evaporation Atlas for the Contiguous 48 United States (U.S. Department of Commerce) was used to determine gross evaporation. For this location, the annual evaporation is 45 inches or 3.8 feet. Monthly evaporation percentages established by the State Engineer's Office (SEO) for elevations below 6,500 feet were used to calculate the monthly evaporation. Annual precipitation at the site was estimated using the Colorado Decision Support Systems' precipitation isohyets map, located at http://cdss.state.co.us/DNN/MapViewer/tabid/62 /Default.aspx. The monthly distribution of precipitation was adjusted based on the average monthly data from the Western Regional Climate Center's Colorado Climate Summaries website, http://www.wrcc.dri.edu/cgi-bin/cliMA/Npl?cogree, for the Greeley UNC Station from 1967-2006. Effective precipitation is 70 percent of total precipitation. Net evaporation is the difference between gross evaporation and effective precipitation. Net evaporation at the site is 3.1 feet. Evaporative consumptive use at the Lafarge Brown Property will be from exposed groundwater within the dewatering trench. In order to facilitate dry mining at the site, Lafarge will excavate a dewatering trench around the perimeter of the mining cell. The total length of the dewatering trench around the mining cell will be approximately 1,250 feet. Assuming a width of 5 feet, the trench will expose an area of approximately 0.2 acres. The total evaporative consumptive use during mining is 0.6 acre-feet for the exposed surface area of the dewatering trench. The exposed surface area will vary slightly throughout the course of the mine life; however, all evaporative consumptive use will be augmented during mining. Operational Losses The moisture content of the material removed from the site is four percent by weight as required in the State Engineer's Office (SEO) Guidelines. The production rate for the mining site is 500,000 tons of aggregate material per year. This results in an annual consumptive use of 14.7 acre-feet for water retained in product. Lafarge will apply water to haul roads and stockpiles for dust control. The estimated annual consumptive use for dust control is 2.0 acre-feet with a distribution throughout the year based on the same percentages as the production of the aggregate mined. The total annual operational consumptive use at the Lafarge Brown Mine is 16.7 acre-feet, which includes moisture in material removed and dust control. Total Consumptive Use The total calculated consumptive use from evaporation and operations for the Lafarge Brown Mine is 17.3 acre-feet per year during mining. After reclamation, the planned long-term exposed surface area of the unlined lake is approximately 9 acres. The long-term evaporative consumptive use is 27.5 acre-feet. Greeley 35th Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application P:\23511V33-23517-08005'DeliverablesVDRMSApplicarion PackageAExhibit GAExhibit G 06-05-09.doc Page G2 of G3 • • • Substitute Water Supply Plan and Gravel Well Permit Application Lafarge currently has as approved Substitute Water Supply Plan (SWSP) for the adjacent 35`h Avenue Pit. Lafarge will submit a renewal for the 35th Avenue Pit SWSP to the State Engineer's Office (SEO) by September 15, 2009 and include the consumptive use from the Lafarge Brown Mine in the renewal. The depletions and augmentation schedule will be outlined in the SWSP. Lafarge owns water rights in this reach of the Cache La Poudre River which could augment the depletions at the Lafarge Brown Mine throughout the mining life of the property. Lafarge has a perpetual lease from the City of Greeley in exchange for 125 acre-feet of year-round augmentation water, which will be the primary augmentation source for this site. Lafarge owns 8.5 Box Elder Ditch shares which can be used for augmentation of depletions at the Lafarge Brown Mine. The Box Elder Ditch shares have historic consumptive use credits of 426.3 acre-feet per year. The Box Elder Ditch shares are currently used at a recharge site and are able to provide augmentation during the winter months at the Lafarge Brown Mine. These water rights are currently used to augment other active mining sites, but could also be used in the future to augment the Lafarge Brown Mine. Lafarge's water right portfolio in this reach of the Poudre River can augment the Lafarge Brown Mine during mining and after reclamation. The policy of the SEO is to provide a copy of the SWSP approval to the DRMS for the site when the review process is complete. Lafarge will also complete the required 600 foot well inspection with the water commissioner and submit the required gravel pit well permit application to the SEO. Lafarge will not expose groundwater at the Lafarge Brown Mine until both the SWSP and well permit are approved by the SEO. Long-term Augmentation A water court application for a long-term plan for augmentation will be filed three years prior to the completion of mining. The decreed plan for augmentation will replace all stream depletions from evaporation of the unlined lake after reclamation. Attachments G -l: Groundwater Monitoring and Mitigation Plan G-2: Stormwater Management Plan Greeley 35th Avenue Mine (M-1977-036) DRMS /12 Reclamation Permit Amendment Application P:v23511A133-23511-0800.5'DeliverablesvDRMSApplication PackagevExhibir GvExhibir G 06-05-09.doc Page G3 of G3 • • • Attachment G-1 Groundwater Modeling and Mitigation Plan Greeley 35th Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Attachment G-1 • • • Attachment G-1 Lafarge West Inc. — Amendment to Greeley 35th Avenue Mine Groundwater Monitoring and Mitigation Plan PURPOSE This Groundwater Monitoring and Mitigation Plan is prepared as part of Lafarge's application to the Colorado Division of Reclamation, Mining and Safety (DRMS) for a permit to Amend the Greeley 35th Avenue Mine Permit M-1977-036 to add the Lafarge Brown property to the permit. This plan presents the methods and locations for monitoring of groundwater during gravel mining and site reclamation activities. Although adverse impacts to groundwater are not anticipated as a result of Lafarge's activities at the Lafarge Brown property, this plan also addresses how any adverse effects to groundwater would be mitigated, should they occur. Lafarge will amend the Temporary Substitute Water Supply Plan on file with the State Engineer's Office to address any additional depletions due to operations on the Lafarge Brown property. The temporary substitute supply plan is designed to protect senior vested water rights and mitigate potential depletions of flows in adjacent waterways. BACKGROUND The Lafarge Brown property is located in Greeley, Colorado. The site occupies approximately 12.4 acres in the northeast quarter of the northeast quarter of Section 35, Township 6 North, Range 66 west. The Cache La Poudre River channel is on the west and north site boundary. On the adjacent property to the east and south of the site, Lafarge mines sand and gravel from the existing permitted Greeley 35th Avenue Mine which will extend onto the Lafarge Brown property. Dewatering flows are discharged to the Cache la Poudre River. Sand and gravel will be extracted by the "dry" mining method. Mine cells will be dewatered using a perimeter drain to facilitate extraction of the gravel. The actual mining limits are anticipated to cover approximately nine acres. The rate of mining and overall life of the mine is dependent upon demand and market conditions. The reclamation of the Lafarge Brown property will be part of a larger unlined pond. The dewatering system will discharge to the Cache la Poudre River via discharge points at the existing permitted mine. Dewatering of the Lafarge Brown part of the mine would lower the groundwater levels to a limited extent in the surrounding alluvial aquifer. Effects on groundwater levels beyond the Lafarge Brown property are projected to be limited due to the boundary affect of the Cache la Poudre River. Mining should not have significant adverse effects on groundwater users in the adjacent areas as such users are located on the opposite side of the river or at relatively lengthy distances. Greeley 35th Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Groundwater Monitoring and Mitigation Plan Page 1 • • • Monitoring Well Installation Lafarge has installed a total of 14 monitoring wells in the area of the Greeley 35th Avenue Mine. Three of these wells are on the Lafarge Brown property, three are near the permitted mine, and eight are on surrounding properties considered for future mine expansion. The monitoring wells were installed outside the limits of contemplated mining, but within the proposed permit boundary, so that groundwater levels can be monitored during and after mining. The monitoring wells were constructed of 2 -inch Schedule 40 PVC casing and screen extending to the bedrock. Each of the monitoring wells was finished at the surface with a locking, above ground, steel protective casing set in concrete. The objectives of the well installation and monitoring program are to monitor current groundwater conditions and to provide a basis for assessing potential effects to groundwater levels during and after the proposed mining. Through the well monitoring program, pre -mining groundwater elevations, flow patterns across the property, and seasonal fluctuations will be documented. Well Inventory A well inventory for the site and adjacent areas was conducted to identify wells near the project. The inventory consisted of a review of well records (Registered Wells) on file with the Colorado Department of Natural Resources, Office of the State Engineer (SEO) as well as mailings and meetings with nearby property owners. The State records search indicated that there are fifteen permitted wells (excluding those in the permitted mine) listed within 0.5 miles of the Lafarge Brown property (Figure 1). Fourteen of these wells are on the opposite side of the Cache la Poudre River. SEO requires a 600 -foot well spacing agreement statement from the well owners who have wells within 600 feet, at least six months prior to the commencement of mining of a relevant phase. The well research indicated one permitted well within 600 feet of the proposed permit boundary. This well, identified below, is within 600 feet from the closest proposed mine excavation and is on the opposite side of the Cache la Poudre River. Permit: 30523 Owner: Gino Tori 4704 West O Street Greeley, CO 80631 Use: Irrigation Location: NE'/ NE'/ Sec. 34, 6N, 66W Greeley 35th Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Groundwater Monitoring and Mitigation Plan Page 2 • • • The owner reports this well is 42 feet deep, 6 -inches in diameter and is used to irrigate 1.5 acres at a pumping rate of 12 gallons per minute. Mining on the Lafarge Brown property is not expected to have significant effects on this well because primary mining/dewatering activities near the well will be on the opposite side of the Cache La Poudre River. MONITORING AND MANAGEMENT Groundwater Monitoring Fourteen monitoring wells were installed in the area as shown in Figure 1. Three of the wells are on the Lafarge Brown property. Groundwater level monitoring of the three Lafarge Brown wells began in November 2008 and will be conducted on a bi-monthly to quarterly basis prior to mining to establish a site -wide baseline. Once mining begins, monitoring will be conducted on a monthly to bi-monthly basis until a quasi -steady state condition is reached (during initial dewatering), and on a quarterly basis thereafter until one year after reclamation is complete. Table 1 provides the existing groundwater level measurement data for the site piezometers. Reporting Lafarge will prepare and submit a report on baseline groundwater levels, utilizing data from the 3 existing Lafarge Brown monitoring wells as well as other monitoring wells in the monitoring program. Thereafter, groundwater monitoring data will be submitted with the annual progress report to the DBMS and copied to the Weld County Department of Planning Services. If Lafarge receives a complaint from a well owner, Lafarge will submit their groundwater monitoring data to the DRMS immediately. A copy will also be provided to the Weld County Department of Planning Services. Wells Within 600 Feet As discussed above, there is one permitted irrigation well within 600 feet of the proposed permit boundary. Lafarge will attempt to obtain a 600 -foot well spacing agreement statement from the well owner at least six months prior to the commencement of the relevant mining phase. MITIGATION Monitoring data will be used to help identify potential changes in alluvial groundwater flows or elevations associated with mining and reclamation activities. Baseline data collected from the monitoring program will provide a range of water levels associated with pre -mining groundwater conditions. Experience at other sand and gravel mine sites in similar geologic settings, and baseline monitoring conducted to date, indicates that groundwater levels tend to fluctuate up to several feet per year, being highest in the summer and lowest in the winter and early spring. Due to normal seasonal fluctuations, Lafarge proposes to define the trigger point for potential mitigation procedures as 2 feet of drawdown relative to historic conditions. The amount of drawdown relative to the mitigation trigger point would be calculated and assessed relative to one standard deviation from the mean of measurements collected during the applicable season. Greeley 35`h Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Groundwater Monitoring and Mitigation Plan Page 3 • • • Hydrogeologic conditions, the river boundary and the distance from wells, indicate that there should be no significant effect on local groundwater users due to the mining on the Lafarge Brown property. If Lafarge receives a complaint from a well owner, Lafarge will initiate an evaluation of the cause and notify the DRMS within two weeks. After the DBMS has been notified, Lafarge will review the available data and information and submit a report to the DRMS within 30 days. To the extent practicable, the report will identify the extent of potential or actual impacts associated with the changes. The evaluation will include discussions with any well owner who has contacted Lafarge regarding a concern and review of available data from the well and vicinity to evaluate the cause of any changes (e.g., seasonal variations, climate, mining by Lafarge, mining by others, or other factors). Lafarge would also enlist the service of a contract professional hydrogeologic consultant to provide an opinion and meet with the Division to discuss the findings. If the claim cannot be resolved with this information, Lafarge would fund the service of a 3rd party consultant agreeable to the Division to render a separate opinion. If Lafarge's mining or reclamation activities are determined to be a significant contributing factor that has or may create adverse impacts, the mining -associated impacts will be addressed to the satisfaction of the DRMS. An initial temporary mitigation measure (for cases in which Lafarge's operation is a suspected cause) may entail providing an alternative water supply that meets the documented historic well production, or need, until further investigation can be conducted to determine if the well condition is due to Lafarge's mining operation. If, after review, the DRMS determines that the impact on a well, for which temporary mitigation has been initiated, is not a result of Lafarge's activities, or is not solely a result of Lafarge's activities, then Lafarge shall reduce or cease mitigation accordingly with the approval of the DRMS. Lafarge has no responsibility to provide mitigation for wells that are constructed after the permit is approved. Mitigation measures, divided into temporary and long term, may include, but are not limited to: Temporary: • Compensation for well owner to use their existing treated water system to replace the well production loss; • Provide a water tank and deliver water as necessary to meet documented historic well production or need; • Other means acceptable to both the well owner and Lafarge. Long -Term: • Cleaning a well to improve efficiency. • Providing an alternative source of water or purchasing additional water to support historic well use in terms of water quantity and quality. If needed, water quality parameters will be checked in affected wells to ensure alternative sources support the historic use. • Modifying a well to operate under lower groundwater conditions. This could include deepening existing wells or lowering the pumps. All work would be done at Lafarge's Greeley 35`h Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Groundwater Monitoring and Mitigation Plan Page 4 • • • expense with the exception of replacing equipment that was nonfunctional prior to the impact. • If existing wells cannot be retrofitted or repaired, replacing the impacted well with a new well. • Providing groundwater injection/recharge to eliminate or reduce offsite impacts. Greeley 35`h Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Groundwater Monitoring and Mitigation Plan Page 5 Attachment G-2 Stormwater Management Plan • Greeley 35th Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Attachment G-2 • • • LAFARGE NORTH AMERICA Environmental Stormwater Management Plan 35th Avenue Pit, Concrete, & Asphalt Facilities Greeley, Weld County, Colorado PERMIT NO. COG -500066 Revised: April 2009 • • • PLANCERTIFICATION..._......._....._....._........................................_._.,_..........-_........_.,3 SECTION 1 4 DESCRIPTION OF INDUSTRIAL. ACTIVITIES 4 Figurel — Index Map ..___ ................. .,.._... .. SECTION 2 7 sin MAP ............... 7 SECTION 3 8 STORMWATER MANAGEMENT CONTROLS .. ... .. 8 SWMP Administration Team...,........_..._..........................._..............,.... _., ..,.. ......... 8 Identification of Potential Pollutant Sources and Best Management Practices ._....._._9 History of Significant Spills or Leah of Toxic or Hazardous Materials..._.. 11 Potential Storm Water Discharges Associated with Industrial Activities ._....................... 11 Sampling Information 1? Preventative Maintenance .............................._.............,,. .._...__. _ 13 Good Housekeeping.......... 14 Spill Prevention and Response Procedures.........._........._................................................... 15 Employee Training ..............._ ....__... 16 Identification of Discharge other than Stormwater.._ __. .. 17 SECTION 4 18 COMPREHENSIVE INSPECTIONS ••••••----•--•--• 18 REFERENCE DOCUMENTS 18 • • Plan Certification Facility Name: Facility Type: NPDES General Permit Number: Date that initial operation began: Facility Address: Emergency Contact: Phone: Operation Schedule: Number of Employees: Average Process Water Discharge: 35`h Avenue Pit, Concrete, & Asphalt Facilities Construction Sand and Gravel (SIC Code 1442), Concrete (SIC Code 3273) and Asphalt Plants (SIC Code 2951) COG -500066 June, 14, 1997 925 North 35`h Avenue Greeley, CO 80631 David Jordan, Operations Manager (303) 809-2093 Hours vary 18 to 25 Up to 7.26 MGD I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief; true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for known violations. Todd Ohlheiser VP Aggregates ement Plan will be implemented as herein described. - Z Z --(Og Date • SECTION 1 Description of Industrial Activities This SWMP has been prepared for 35`!' Avenue Pit, Concrete and Asphalt Facilities, which produce aggregates, ready -mix concrete, and asphalt for use at construction sites in the Greeley, Colorado vicinity. FIGURE 1 identifies the general location of the facility, as well as the nearest receiving waters. Construction activities present at the site are as follows: ❑ GRADING/MINING Site is leveled and smoothed according to final project specifications using a road grader. Material may be excavated using earthmoving equipment and processed through various feeders, screens, and crushers. This may include right-of-ways, drainage ditches, and road sub -base areas of the project. O QUARRYING Drilling and blasting is used to liberate virgin stone from its natural consolidated state. Haul trucks are typically used to take the material to the plant for processing. • • STOCKPILING (Check if applicable) • OVERBURDEN AND TOP SOIL Stockpiles may occur in the form of earthen berms.. • SAND AND GRAVEL Raw and processed aggregates are stockpiled for future use. • AGGREGATE MIX FOR CONCRETE PRODUCTION Aggregate can be stored in stockpiles, and loaded into a ground hopper as needed, and then conveyed to the plant. Material may also be loaded directly into a series of hoppers located above the plant that directly discharge into the plant. • AGGREGATE MIX FOR ASPHALT PRODUCTION Raw material can be stockpiles or put into storage bins. • RECYCLED ASPHALT PRODUCT Asphalt that is being stored and/or processed for reuse. • RECYCLED CONCRETE PRODUCT Concrete that is being stored and/or processed for reuse. ❑ ASPHALT MILLING The existing roadway is milled, emptied into haul trucks and hauled off -site. • • • ❑ ASPHALT PAVING Hot mix asphalt is transported to the project from a production plant located off -site. It is then placed, compacted and rolled according to project specifications. ■ ASPHALT MANUFACTURING A hot -mix asphalt plant blends together aggregate and asphalt cement to produce a hot, homogeneous asphalt paving mixture, which is then hauled to off -site construction projects.. The aggregate used can be a single material, such as a crusher run aggregate or a pit run material, or it can be a combination of coarse and fine aggregates, with or without mineral filler. The binder material used is normally asphalt cement but can also be an asphalt emulsion or one of a variety of modified materials. Various additives, including liquid and powdered materials, can also be incorporated into the mixture. Activities at these sites may include the following: raw material unloading into stockpiles or storage tanks, raw material feed to plant, material batching, raw material storage area, recyclable asphalt disposal area, truck wash out, and water supply and settling lakes. ❑ READY MIXED CONCRETE, CENTRAL BATCHING These operations mix sand, gravel, cement, and water together to form ready mix concrete, which is then hauled to off -site construction projects. The raw materials are made up of sand, gravel, cement, water and additives. The sand and gravel is either stored in stockpiles located outside and fed into the plant via loaders and conveyors, or it is stored directly in a series of hoppers located directly above the central plant. The remainder of the raw materials is stored in tanks to protect them from exposure to moisture and temperature until they are pumped into the mixer. Once the raw materials are fed into the central mixer and combined to form Ready Mix concrete, the final product is placed within trucks and removed from the site. ■ READY MIXED CONCRETE, DRY BATCHING These operations apportion out a mix of sand, gravel, cement, and water together, which is then mixed within the truck to form Ready Mixed concrete that is hauled to off -site construction projects. The raw materials are made up of sand, gravel, cement, water and additives. The sand and gravel is either stored in stockpiles located outside and fed into the plant via loaders and conveyors, or it is stored directly in a series of hoppers located directly above the central plant. The remainder of the raw materials is stored in tanks to protect them from exposure to moisture and temperature until they are pumped into the mixer. Dry batching then apportions out and dumps the raw materials into the concrete truck -mounted mixer where it is continually agitated and mixed to keep it from hardening before it arrives on the assigned job site. • • • • EQUIPMENT FUELING Diesel and/or gasoline tanks are located on site for fueling of equipment. Off -site vendors refill tanks as needed. • EQUIPMENT MAINTENANCE The site contains a shop area where necessary maintenance can be conducted for site equipment. Typical chemicals associated with maintenance, such as used oil, antifreeze, motor oil, hydraulic oil, brake fluid, etc, may be stored on site as needed. All chemicals are stored in such a manner as to prevent materials from mixing with stormwater or being accidentally discharged off site or to waters of the U.S.. • • • SECTION 2 Site Map Enclosed is FIGURE 1: Site Vicinity Map, FIGURE 2: Site Overview Map, and FIGURE 3: Asphalt SPCC Map; which indicates site -specific characteristics and BMPs implemented. The site has been determined to be within a single drainage area. Soil berms on sides of the facility serve as berms along the property perimeter to prevent run-on from adjacent property. The site comprises approximately 356 acres. The property has a gentle slope to the northwest toward the Cache La Poudre River which runs along the north and west property borders. Several holding ponds provide storage for storm water on site. Discharge points are located along the Cache La Poudre River and at the Boyd Ditch which is a tributary of the Cache La Poudre River. Directions of stormwater flow, locations of BMPs, location of all surface water bodies, inflow areas, and outflow areas are indicated on FIGURES 1, 2, and 3. The nearest receiving water that may receive storm water flows from the facility is the Cache La Poudre River (FIGURE 1). However, holding ponds and berms are expected to contain all storm water on site. The following is a list of specific information included on the Site Map(s): ✓ Site boundary ✓ Access & haul roads ✓ Stormwater outfalls and an outline of each drainage area for each outfall ✓ An estimate of the direction of flow ✓ Material handling areas ✓ Each structural control measure to help reduce pollutants in stormwater runoff ✓ Areas used for storage or disposal of overburden, materials, soils, or wastes ✓ Areas used for mineral milling & processing ✓ Springs, streams, wetlands and other surface waters ✓ Location of mine drainage or any other process water discharge points ✓ Boundary of tributary area that is subject to effluent limitations ✓ Boneyard • ✓ Date the map was prepared and subsequent revision dates SECTION 3 Stormwater Management Controls This section describes the development and implementation of stormwater management controls specifically designed for the 35th Avenue facility including: SWMP Administration, identification of potential pollutant sources and Best Management Practices (BMPs), sampling information, preventative maintenance, good housekeeping techniques, Spill Prevention and Response Procedures, employee training, and identification of discharges other than stormwater. ration Team Team Members Responsibilities Name: David Jordan Title: Northern Operatinos Manager Phone: 303-809-2093 - Assist in plan development - Advise Lafarge Resource Management of site changes - Facility inspections - Employee Training Name: Todd Ohlheiser Title: VP Aggregates Phone: 303-657-4000 - Review and certify plan Name: Corey Hansen Title: Manager of Environment Phone: 303-657-43.30 - Complete plan and maps - Update plans as informed of changes Assist in implementation, maintenance, and revision of the SWMP at the site - Facility inspections - Employee Training Name: Meghan McDonald Title: Director of Environment and Public Affairs Phone: 303-657-4148 - Develop and implement BMPs for regional storm water management - Manage pollutant issues - Facility inspections (if needed) NOTE: Any team member may designate other trained personnel to conduct a facility inspection. • • • r Identification of Potential Pollutant Sources (alt;a!pui aseald) Iatllp Best Management Practices ltroLuu!uluoJ r1.IEpuoOas .Iall1Q X X X UMW larval-tl2!H sjutel I lem-Olgnoj swraI X X X X ua-'d uollualaJuolluala( uorlelaana.I alld gaols suollenMDXO papuio saaej.rns snotnradlul uo parols X XXXXXX sea.iv pasolau3 (aleoiput asuald) .mix) _ Storage Methods sllnenuo3 s)ltlt;.1 X X X slunld luauuuai,i, sea.ry luauruiuluo3 slauleluoJ pasolauH X X X X lllltd 710016 X X X X X Potential Pollutant Sources Sand & gravel storage piles Recyclable asphalt piles Recyclable concrete piles Salt piles Diesel fuel tank Unleaded fuel tank Lubricating fluids Asphalt storage tanks Cement storage silo Lime storage silo Concrete additives Asphalt additives Topsoil Piles Overburden Piles • • • Best Management Practices PRACTICE EMPLOYED AREA WHERE PRACTICE IS EMPLOYED DATE OF IMPLEMENTATION Vegetation Management: Buffer Strips Setbacks as required by DMG permit 1998 & ongoing Temporary Seeding Constructed Wetlands Revegetate as Practicable Reclaimed areas according to DMG permit 1998 & ongoing Other (describe) Water Management (Temporary Structural Controls): Straw Bales Silt Fences Detention/Holding Ponds East of concrete plant current Rip Rapping Site Grading Entire site current Other (describe) Water Management (Permanent Structural Controls): Upstream Flow Diversion Channel Improvements Flow Storage/Detention Berming Along property boundaries and between roads and ponds/pits current Earth Dike Check Dike Check Dams Pipe Slope Drain Sediment Trap Area South of fuel island; surface depression current Flow Attenuation Area Infiltration Area Secondary Containment for Above -ground Storage Tanks Fuel island for AST's — concrete containment current Washout Pits Concrete lined washout east of concrete plant current Other (describe) Other (describe) 35° Avenue Pit, Concrete, & Asphalt Facilities Storm Water Management Plan Pngc 10 of2I • History of Significant Spills or Leaks of Toxic or Hazardous Materials • • Date Description of Spill or Leak -- Location, Material, Quantity, Remediation Actions No Reportable Spills Potential Storm Water Discharges Associated with Industrial Activities Industrial Activity Direction of Water Flow Potential Pollutants Present Aggregate unloading SE Total Suspended Solids (TSS) Aggregate feed to plant SE Total Suspended Solids (TSS) Material batching for final product SE/NE Total Suspended Solids (TSS) Aggregate stockpiling SE/NW/SW Total Suspended Solids (TSS) Petroleum storage for equipment and trucks NW/SE Hydrocarbons Concrete Truck wash out E pH, Total Suspended Solids Recyclable concrete area NW Total Suspended Solids (TSS) Recyclable asphalt area NW/W Total Suspended Solids (TSS) Employee truck parking area E Hydrocarbons, Total Suspended Solids Truck/equipment washing NE Hydrocarbons, Total Suspended Solids Equipment repairs NE/SE Hydrocarbons, Total Suspended Solids I Flow patterns are also depicted on Figure 2, Facility Site Plan. 35°i Avenue Pit, Concrete, & Asphalt Facilities Storm Water Management Plan Page I I of21 • Sampling Information At the 351H Avenue site there are five (5) discharge points associated with the pit area; only discharge point 001 is being utilized. When this point is discharging, weekly flow measurements are recorded. Additionally, pH and TSS are measured monthly when discharge occurs and the water is examined for presence of oil. Existing Discharge Sampling Data Sampling Point Quantity of Discharge Pollutants 001 Less than 1.5 MGD (combined 001 — 004) TSS, Oil and Grease, TDS 002 Currently not in use TSS, Oil and Grease, TDS 003 Currently not in use TSS, Oil and Grease, TDS 004 Currently not in use TSS, Oil and Grease, TDS 005 Currently not in use (permitted for less than 5.76 MGD) TSS, Oil and Grease, TDS Proposed Sampling Points Sampling Point Description of Location Monitoring Requirements 001 East discharge to Cache La Poudre Weekly, Monthly, Quarterly per permit and parameter 002 East-Central discharge to Cache La Poudre Weekly, Monthly, Quarterly per permit and parameter 003 West -Central discharge to Cache La Poudre Weekly, Monthly, Quarterly per permit and parameter 004 West discharge to Cache La Poudre Weekly, Monthly, Quarterly per permit and parameter 005 East discharge to Boyd Ditch Weekly, Monthly, Quarterly per permit and parameter • 351k Avenue Pit, Concrete, & Asphalt Facilities Storm Water Management Plan Page 12 of21 • Preventive Maintenance Daily inspections of all storage and activity areas are conducted as a part of the operation. Comprehensive inspections are completed as required based on activity at the site (please see Section 4 for additional details). Inspections include at a minimum the following: • Integrity of diesel storage tank and secondary containment • Integrity of perimeter berms and truck wash out berms • Fuel spills in diesel fueling area, and material spills in the silo area and mixer area. • Open aggregate storage bins • Air and oil leaks on machinery and equipment • Belts, pulleys, rollers, and gates on plant equipment Cleaning and maintenance is performed as needed and in response to inspection results. Records of these inspections are available through the plant manager or another member of the site SWMP Administration Team. • • Management Device Inspection Frequency Cleaning Frequency Potential Failures to Observe Closely Hydrocarbon tanks Monthly As needed Adequate containment Hydrocarbon secondary containment Monthly As needed Adequate containment Catch basins As needed As needed Insufficient capacity Settling ponds As needed As needed Insufficient capacity Additive Storage As needed As needed Adequate containment Containment devices (berms, ditches, etc.) Monthly As needed Adequate containment General Plant Conditions As needed As needed Perimeter Erosion As needed As needed Other 351' Avenue Pit, Concrete. & Asphalt Facilities Stone Water Management Plan Page 13 of 2l • Good Housekeeping Good housekeeping practices at the site are designed to maintain a clean and orderly work environment. This is accomplished through proper operation and maintenance of machinery and processing equipment. Careful material storage practices have been implemented. House keeping includes prevention and/or reduction of spilled aggregate and other particulate material. • • Principal good housekeeping procedures are as follows: • The material inventory is kept up to date, and all containers are labeled with the name and associated hazards. • Material safety data sheets (MSDS) are available on site to ensure that operation staff is aware of hazards and pollution potential. • Routine cleanup operations are ongoing and scheduled to ensure that the storage areas and maintenance areas are clean and orderly. • Good housekeeping, including cleanup procedures and disposal requirements, are incorporated into employee training. • Solid waste receptacles are available on site and are emptied regularly. J5°1 Avenue Pit, Concrete. & Asphalt Facilities Storm Water Management Plan Page 14 or? I • • • Spill Prevention and Response Procedures The facility contains sufficient amounts of stored petroleum products as to require the development of a formal Spill Prevention, Control, and Countermeasure (SPCC) Plan, a copy of which is kept on site. Training and procedures established under SPCC rules are applied to all petroleum storage within Lafarge facilities. Secondary containment is provided for the diesel fuel storage tanks should releases occur. Removal of accumulated liquids from the containments is accomplished by use of absorbents, portable pump, or other technique, and waste material is properly disposed of. In the event that a spill occurs: o Do— • Shut off supply, stop leak (if possible) • Shut of ignition sources ■ Contain spill and/or dike ahead of spill • Notify Plant Manager. If the spill leaves the site or is greater than 25 gallons, the Plant Manager will notify Resource Management Group. • Protect adjacent people, property, surface waters, and equipment from contact with spill • Look to Material Safety Data Sheets (MSDS) for clean up guidance • Follow site SPCC plan ■ Place absorbents, dirt, or other solid materials in a non -leaking container and dispose of according to state and federal regulations o Don't— • Smoke • Risk personal injury • Wash down spill with water • Cover and not cleanup spill The majority of manufacturing process includes solid earthen materials with inert properties that would not impair surface or groundwater characteristics. The most common liquid not covered under the facility petroleum management plan would be process water used in the production of 35° Avenue Pit, Concrete, & Asphalt Facilities Storm Water Management Plan Page l5 o121 • • • aggregate and concrete, and small amounts of cleaning liquids that have no identified impairment of surface or ground water. Employee Training Training of personnel is conducted annually to educate employees, at all levels of responsibility, about the components and objectives of the storm water management plan for the site. The training scope will include the following topics: Spill Prevention Spill Response Good Housekeeping Techniques Materials Management Sediment & Erosion Prevention Definition of Process Water Best Management Practices in Place and Proper Maintenance While operations are conducted on site, it will be the responsibility of the site manager or operator in charge to train appropriate on -site personnel so that the goals of the SWMP are achieved. Various other types of environmental training are conducted at different levels of the site management. Environmental Training topics are produced for `tailgate' meetings to discuss site - specific environmental management. Site managers participate in a number of internal and industry management meetings where environmental pollution control, regulations, and responsibilities are discussed. Records of personnel training conducted, including personnel in attendance, date of training, and scope of training are available through the facility manager. 35th Avenue Pit, Concrete, & Asphalt Facilities Storm Water Management Plan Page 16 0121 • • • Identification of Discharge other than Stormwater The site was evaluated for the presence of discharges other than stonnwater (except for those that are permitted) on September 19, 2005 by Steve Compton of Lafarge. The method used was a visual site inspection. During this inspection, there were no unpermitted non-stormwater discharges identified. Further, we have reviewed subsequent stormwater inspections at this site and the results of subsequent inspections were consistent with the inspection performed on September 19, 2005 unless otherwise noted and addressed on subsequent inspections. Water associated with portable wash plants for processing aggregate, mine dewatering as necessary, and water used in the production of concrete are the primary sources of non- stormwater on site. Mine dewatering is monitored as outlined above to ensure no compliance with our permit restrictions. All other sources are contained within the site and are not discharged with stormwater. Water stored and applied on site for dust abatement is periodically utilized on the yard site and the access road to suppress fugitive dust. Applied dust control is not applied in excess amounts that would result in an off -site discharge of liquids. Dust abatement is not necessary during precipitation events; therefore, no non -storm water at the site is intermingled with storm water runoff. Water and other liquids utilized in other peripheral uses and in the production of aggregate are contained within the plant. Any mechanical failure with the potential to allow a surfaces release would be addressed through the site's spill response or emergency response protocols, free liquids would be isolated and adsorbed, and adsorbents properly disposed. Currently, no stormwater or commingled process water are in sufficient quantities to discharge from the site. Should subsequent water uses be initiated on site, these water sources will be identified in the table below: Types of Discharge No Discharge Permitted Process Water Unpermitted Exempt Control Measures Mine Dewatering X 35" Avenue Pit, Concrete. & Asphalt Facilities Storm Water Management Plan Page I 1 021 • • • Equipment Wash Water X Dust Control (roads) X Irrigation return flows X Other Agricultural discharge X Fire Fighting discharges X Foundation Draining(SUMP) X Springs X Other Other SECTION 4 Comprehensive Inspections Comprehensive inspections performed by qualified individuals, record keeping and internal reporting are essential activities under the SWMP and are outlined below, All records and reports are to be maintained with the plan at the managing office. Qualified personnel shall make a comprehensive inspection of the stormwater management system at least twice per year in the spring and fall for all active facilities, For idle sites where an employee is not stationed or does not routinely visit the site, inspections shall be conducted every two years. For inactive sites, inspections shall be conducted every three years. These comprehensive inspections must be documented and summarized in the Annual Report. Material handling areas, disturbed areas, areas used for material storage that are exposed to precipitation, and other potential sources of pollution identified in the SWMP in accordance with the permit shall be inspected for evidence of, or the potential for, pollutants entering the drainage system. Structural stormwater management measures, sediment and control measures, and other structural pollution prevention measures identified in the plan shall be observed to ensure that they are operating correctly. A visual inspection of equipment needed to implement the plan, such as spill response equipment, shall be made. 35" Avenue Pit, Concrete, & Asphalt Facilities Storm Water Management Plan Page I8 of • • • Based on the results of the inspection, the description of potential pollutant sources and pollution prevention measures identified in the plan shall be revised as appropriate. Such revisions shall provide for implementation of any changes to the plan in a timely manner, but in no case more than 90 days after the inspection. A report summarizing the scope of the inspection, personnel making the inspection, the date(s) of the inspection, major observations relating to the implementation of the SWMP, and actions taken as described above shall be made and retained for at least three years. 3511 Avenue Pit. Concrete. & Asphalt Facilitics Storm Water Management Plan Page 19 of 21 • • • REFERENCE DOCUMENTS The following is a list of documents that are kept on site and may be viewed upon request: • COPS General Permit: Stormwater Discharges Associated with Sand and Gravel Mining Activities, Authorization to Discharge Under the Colorado Discharge Permit System • Stormwater Inspection Reports • Annual Reports • Stormwater Training Sign -in Records • Preventive Maintenance Records • SPCC Plan (if applicable) 35th Avenue Pit, Concrete, & Asphalt Facilities Stonn Water Management Man Page21 of21 • • I L r FIGURE LAFARGE -35th AVENUE PIT SAND AND GRAVEL OPERATION COG -500066 PAGE 26 MAR 10 2000 - Amendment No. 1 Issued and Effective lent /horse rf'.P_ Slide Guard A or Q IGE URE i s� .5ite Drainage -- Pit Boundary O Office Employee Parking Loader Parking Area 000 I I Plant Impervious Curbed Containment Burner 17K Gal Burner Fuel O 3OK Gal AC 3OK Gal AC I 2K Gal Emmulston Trailer I OK Gal 15K Gal Diesel Fuel Low Depression 0 Stockpiles O O O O O PROJECT: 35th Ave Asphalt SPCC SCALE: None 4-03 0-2 DATE) DWGBY: M. McNult PAGE_NO: I LOCATION: Greeley, CO REVISED: 7-5-05 REVISED_BY: M. McNulty r' Pit Equipment Parking N Diesel feeder nO 0 Drums Aggregate Plant t Piles Used Oil Pad -Mounted - Load Transformer L,ght-Wight Aggregate Bin Pit Wall 4 N Truck Parking 1 ut p QC Trailer Scales E Offices I{ mid Washout Office Parking O O Acid Wash 56de Guard Pad -Mounted Ira I Asphalt I Plant fuel Area Low Depression P Street Holding Pond / apd a;a.UuoJ 35th Avenue • A Dr FIGURE 1 site Drainage —5de Boundary L.AFAF QE NOR -77-1 }2EBICA PROJECT: ri g r g• 35th Ave Site Overview LOCATION: Greeley, CO SCALE: None DATE: 10/30/03 REVISED: 7/5/05 DWGBY:M. McNulty PAGE NO: I REVISED BY: S. Compton • • • EXHIBIT H Wildlife Information General Buys and Associates, Inc. (B&A) was retained by Tetra Tech to assess wildlife habitats (including habitat for T&E species) on a property adjacent to the Greeley 35`h Avenue Mine in Weld County north of Greeley, Colorado. This assessment was conducted on the Lafarge Brown property. Wildlife surveys and habitat assessments were conducted by B&A biologists on February 5, 2009. B&A biologists surveyed the property on foot using a Garmin GPSMAP 60CSx (accurate to < 10 meters). Photos and notes were taken of the wildlife habitats present on the Lafarge Brown property. The Lafarge Brown property, which is approximately 12 acres in size, falls within Section 34 of Township 6 North, Range 66 West (Figure H-1). The property includes a weedy area with an active prairie dog colony. Figure H-2 shows the Lafarge Brown property and the sub -region of land use/vegetation. For more information regarding the vegetation found on the Lafarge Brown property, refer to Exhibit J — Vegetation Information. The northwestern portion of the property is bounded by a fence. The Cache La Poudre River corridor, which includes a bike path, is located just outside and northwest of this fence. Approximately 1,695 feet of the Cache La Poudre River borders the Lafarge Brown property. This portion of the river is surrounded by a riparian corridor with a middle-aged cottonwood canopy. Although the area outside and northwest of the fence described above would not be disturbed, due to its proximity to the Lafarge Brown property information about this area is included in this report. Significant Wildlife Resources The Lafarge Brown property falls within the Central Shortgrass Prairie Physiographic Region (PIF 2009) or the Great Plains physiographic feature (Mutel and Emerick 1992). According to Mutel and Emerick (1992), the plains grasslands and lowland riparian areas in Colorado provide habitat for the following common mammals: badger (Taxidea taxus), coyote (Canis latrans), deer mouse (Peromyscus maniculatus), western harvest mouse (Reithrodontomys megalotis), plains pocket gopher (Geomys bursarius), black -tailed prairie dog (Cynomys ludovicianus), eastern cottontail (Sylvilagus floridanus), muskrat (Ondatra zibethicus), raccoon (Procyon lotor), stripped skunk (Mephitis mephitis), and fox squirrel (Sciurus niger). A large variety of migratory birds utilize these habitats, they include: red winged blackbird (Agelaius phoeniceus), American coot (Fulica americana), northern flicker (Colaptes auratus), western grebe (Aechmophorus occidentalis), eastern kingbird (Tyrannus tyrannus), Bullock's oriole (Icterus bullockii), Virginia rail (Rallus limicola), barn swallow (Hirundo rustica), house wren (Troglodytes aedon), western meadowlark (Sturnella neglecta), vesper sparrow (Pooecetes gramineus), prairie falcon (Falco mexicanus), golden eagle (Aquila chrysaetos), and Swainson's hawk (Buteo swainsoni). Reptiles and amphibians that utilize these habitats include: western rattlesnake (Crotalus viridis), plains leopard frog (Rana blairi), Western chorus frog (Pseudacris triseriata), tiger salamander (Ambystoma tigrinum), painted turtle (Chrysemys picta), and the Great Plains toad (Bufo cognatus). Greeley 35th Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page HI of H9 • • • The Lafarge Brown property is dominated by pasture grasses and weedy plant species. The Cache La Poudre River corridor to the northwest of the property contains lowland riparian vegetation. These areas provide habitat to many wildlife species. However, the presence of invasive and exotic plant species, throughout the area and along the river channel, somewhat diminishes the quality of habitat. According to Colorado Division of Wildlife's Natural Diversity Information Source GIS data (CDOW-NDIS 2008), the following wildlife habitats occur in the vicinity of the Lafarge Brown property: • Greater prairie chicken historic range, • Preble's jumping mouse overall range, • Black -tailed prairie dog overall range, • Bald eagle winter range, winter concentration, and winter/summer foraging areas, and • Mule deer summer and winter range. A general wildlife survey of the Lafarge Brown property was conducted on February 5, 2009. All raptor nests within half a mile of the property were documented and photographed, and a photo point was established in the area to document the existing condition of the property. Figures H-2 and H-3 provide maps of the Lafarge Brown property with photo points and raptor nest locations. The photographs that were taken during the survey are included in Appendix H.1. Table H-1 provides the wildlife species observed during the survey. Table H-1. Wildlife Species Observed on the Lafarge Brown Property and the Surrounding Area Common Name Scientific Name Status Birds American Kestrel Falco sparverius Not listed American Robin Turdus migratorius Not listed Bald Eagle Haliaeetus leucocephalus State Threatened Belted Kingfisher Ceryle alcyon Not listed Black -billed Magpie Pica pica Not listed Canada Goose Branca canadensis Not listed Dark -eyed Junco Junco hyemalis Not listed Downy Woodpecker Picoides pubescens Not listed European Starling Sturnus vulgaris Other Game Great -homed Owl Bubo virginianus Not listed Mallard Anas platyrhvnchos Not listed Northern Flicker Colaptes auratus Not listed Northem Harrier Circus cyaneus Not listed Red-tailed Hawk Buteojamaicensis Not listed Red -winged Blackbird Agelaius phoeniceus Not listed White -crowned Sparrow Zonotrichia leucophrys Not listed Wild Turkey Meleagris gallopavo Small Game Bird Mammals Black -tailed Prairie Dog I Cynomys ludovicianus I State Special Concern Greeley 35th Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page H2 of H9 • • • Common Name Scientific Name Status Common Muskrat Ondatra zibethicus Furbearer Eastern Cottontail Sylvilagus floridanus Small Game Mammal Fox Squirrel Sciurus niger Small Game Mammal The Lafarge Brown property and a 1/2 mile buffer around the property were surveyed for raptor nests. A total of 2 raptor nests were documented during the survey (Figure H-3). Both of these nests were inactive nests. Table H-2 provides information about the raptor nests that were documented during the survey. Table H-2. Raptor Nests Observed Within a Half Mile Buffer Around the Lafarge Brown Prooert Nest Status Species Location (UTM Zone 131) Nest 1 Inactive Unknown N: 4477279, E: 519760 Nest 2 Inactive Unknown N: 4477262, E: 519830 Seasonal Use of the Area Most of the wildlife species inhabiting the Lafarge Brown property and surrounding area are year- round residents utilizing the entire corridor along the Cache La Poudre River. Migratory bird species utilize the river, irrigation ditches, ponds and the fields near these water features in both spring and fall. Presence and Estimated Population of Special Status Species Special status species (i.e., Federally -listed, State -listed, and State species of concern), that have the potential to occur on the Lafarge Brown property and the surrounding area are listed in Table H-3. Table H-3. Special Status Species with the Potential to Occur on the Lafarge Brown Property Common Name Scientific Name Status General Habitat Description Amphibians Northern Cricket Frog Acris crepitans SC Edges of permanent or semi -permanent ponds, reservoirs, and streams, and along irrigation ditches. Northern Leopard Frog Rana pipiens SC Wet meadows, marshes, ponds, glacial kettle ponds, beaver ponds, lakes, reservoirs, streams, and irrigation ditches. Birds Whooping Crane* Grus americana FE, SE Mudflats around reservoirs and in agricultural areas. Casual migrant on eastern plains. Least Tern Sterna anti!/arum FE, SE Reservoirs, lakes, and rivers with sandy shorelines. Casual/very rare spring and fall migrant. Bald Eagle Haliaeetus leucocephalus ST Reservoirs and rivers. In winter, may also occur in semi - deserts and grasslands. Burrowing Owl Athene cunicularia ST Grasslands in or near prairie dog towns. Greater Sandhill Crane Grus canadensis SC Mudflats around reservoirs, in moist meadows, and in agricultural areas. Casual in mid -winter. Ferruginous Hawk Buteo regalis SC Grasslands and semi -desert shrublands. Winter resident on Greeley 35th Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page H3 of H9 • • • Common Name Scientific Name Status General Habitat Description eastern plains Mountain Plover Charadrius montanus SC Dry habitat with short grass and bare ground. Rare to fairly common summer resident locally on eastern plains. Long -Billed Curlew Numenius americanus SC Short -grass grasslands, wheat fields, or fallow fields. Breeds in Pawnee National Grassland and Weld County. Fish Northern Redbelly Dace* Phoxinus eos SE Requires vegetation and slow flowing streams. Native to the South Platte River Basin. Brassy Minnow Hybognathus hankinsoni ST Cool, clear water with abundant aquatic vegetation and a gravel substrate overlaid by organic sediment. Mammals Preble's Meadow Jumping Mouse* Zapus hudsonius preblei FT, ST Heavily vegetated, shrub -dominated riparian (streamside) habitats and immediately adjacent upland habitats. Northern River Otter Lutra canadensis ST Riparian habitats that traverse a variety of other ecosystems. Evidence of species along the Poudre in Larimer County. Black -tailed Prairie Dog Cynomys ludovicianus SC Short grass or mixed prairie. Northern Pocket Gopher Thomomys talpoides SC Agricultural and pasture lands, semi -desert shrublands, and grasslands. Reptiles Midget Faded Rattlesnake Crotalus viridis concolor SC Grasslands and prairies, and in brush. Common Garter Snake Thamnophis sirtalis SC Aquatic, wetland, and riparian habitats along the floodplains of streams. Mollusks Cylindrical Papershell* Anodontoides ferussacianus SC Creeks and small rivers. It is generally a headwater species, found in substrates of mud or sand. * This species has been documented or is likely to occur within a 2 -mile radius of Section 34 of T6N, R66W (The Natural Heritage Program 2009). Source: CDOW-NDIS 2009 FE = Federally Endangered, FT = Federally Threatened, SE = State Endangered, ST = State Threatened, SC = State Special Concern Eight Federally or State -listed species have the potential to occur in the area: whooping crane, least tern, bald eagle, burrowing owl, northern redbelly dace, brassy minnow, Preble's meadow jumping mouse, and northern river otter. The Colorado Natural Heritage Program (CNHP) also has accounts of the following special status species in the general area of Section 34 of T6N, R66W: whooping crane, northern redbelly dace, Preble's meadow jumping mouse, and the cylindrical papershell (CNHP 2008). The whooping crane (Grus americana), a Federal and State endangered species, is a casual migrant on the Eastern Plains and has been historically observed in the area. The CNHP's Biodiversity Tracking and Conservation System identified one occurrence record in 1982, east of Severence, Colorado (CNHP 2008). There is a low potential for the species to occur on the Lafarge Brown property. The least tern (Sterna antillarum) is a Federal and State endangered shorebird, which is a casual to Greeley 35th Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page H4 of H9 • • very rare spring and fall migrant on the northeastern plains. Migrants occur at reservoirs, lakes, and rivers with bare sandy shorelines. The CNHP has no accounts of this species in the area (CNHP 2008). There is a low potential for the species to occur on the Lafarge Brown property. The bald eagle (Haliaeetus leucocephalus) was Federally de -listed on July 9, 2007. Their populations will continue to be closely monitored and managed by the Colorado Division of Wildlife as a State threatened species. The U.S. Fish and Wildlife Service will also monitor their populations under their authority through the Bald and Golden Eagle Protection Act and Migratory Bird Treaty Act. Bald eagles nest on a property several miles west of Section 34, but may utilize the area for hunting and the river corridor for perching and roosting. Several bald eagles were observed in the area during the survey. The burrowing owl (Athena cunicularia) is a State threatened species. Burrowing owls are found primarily in eastern Colorado as a summer resident and as casual winter resident on the eastern plains. They are fairly common on the eastern plains. Prairie dog colonies were searched for evidence of burrowing owls (white -wash, small mammal remains), but no evidence of burrowing owls were documented during the survey. Although no burrowing owls were observed during the survey, there is a moderate potential for the species to occur on the Lafarge Brown property. The northern redbelly dace (Phoxinus eos) is a State endangered fish. The CNHP data search identified one historic record (in 1914) approximately 1 -mile downstream of the area (CNHP 2008). In recent years, only five specimens of the northern redbelly dace have been collected in Colorado: two specimens from the Plum Creek drainage in the foothills south of Denver, and three from a pond adjacent to a Plum Creek tributary (CDOW-NDIS 2009). There is a low potential for the species to occur in the Cache La Poudre River adjacent to the Lafarge Brown property. The brassy minnow (Hybognathus hankinsoni) is listed as a State threatened fish, which utilizes cool, clear water with abundant aquatic vegetation and a gravel substrate overlaid by organic sediment. The species is currently found in low numbers in the South Platte River; however, it is mainly restricted to portions of the mainstem river and is most abundant in the eastern portion of the plains. The only tributaries of the Platte to contain brassy minnows were the lower St. Vrain River and Spottlewood Creek (CDOW-NDIS 2009). There is a low potential for the species to occur in the Cache La Poudre River adjacent to the Lafarge Brown property. The Preble's meadow jumping mouse (PMJM) (Zapus hudsonius preblei) is a Federal and State threatened species that potentially inhabits the Project Area. The PMJM utilizes areas with well - developed riparian vegetation, relatively undisturbed surrounding grassland, and a water source in close proximity. The species prefers dense herbaceous vegetation consisting of a variety of grasses, forbs and thick shrubs, and favors sites that are structurally diverse and provide adequate cover and food throughout its life cycle (USFWS 2004). The CNHP's Biodiversity Tracking and Conservation System identified several occurrence records, however, no records have associated dates or specific section numbers (CNHP 2008). Several accounts occurred in townships and ranges surrounding the Lafarge Brown property. Only one account occurred in Township 6 North, Range 66 West. According to the CNHP's map of PMJM trapping efforts in the area (CNHP 2007), there have been numerous trapping and evaluation efforts Greeley 35th Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page 115 of H9 • • • in the vicinity of the Lafarge Brown property. PMJM trapping on the Cache La Poudre River (approximately 10 miles upstream and approximately 8 miles downstream of the Lafarge Brown property) have resulted in negative findings of the species. The Lafarge Brown property has not been evaluated in the past. The closest PMJM trapping or evaluation occurred just west of Section 34; these trapping results were negative. The closest positive trapping result occurred approximately 8 miles south of the Lafarge Brown property, along the South Platte River (CNHP 2007). During the February 5, 2009 survey, B&A biologists assessed the Lafarge Brown property to determine if suitable PMJM habitat was present. The riparian corridor adjacent to the Lafarge Brown property or the property itself did not contain suitable PMJM habitat (see Appendix H.2 for PMJM survey field data compilation forms). The Cache La Poudre River in this area is deeply entrenched, heavily rip -rapped and sparsely vegetated. Habitat disturbances in this area have also been caused by farming and heavy grazing practices. The shrub component that could provide cover and hibemacula for PMJM is very sparse along the river in these areas. Due to channelization, and past and current grazing management, the riparian zone is narrow and is dominated by upland grasses and a narrow band of cottonwood trees. As such, there is a low potential for the species to occur on the Lafarge Brown property. The northern river otter (Lutra canadensis) is a State threatened species that inhabits riparian habitats in a variety of ecosystems ranging from semi -desert shrublands to montane and subalpine forests. The species requires permanent water of relatively high quality with an abundant food base of fish or crustaceans. The CNHP shows no accounts of the species in the Project Area. However, tracks and other sign of otters have been found in the Cache La Poudre and Laramie drainages in Larimer County, upstream of the Project Area. There is a low potential for the species to occur in the Cache La Poudre River adjacent to the Lafarge Brown property. The cylindrical papershell (Anodontoides ferussacianus) is a mollusk of State Special Concern. This species prefers shallow water near shore in silt. It is thought to inhabit small streams, creeks, and lakes in sand or fine gravel, but also is tolerant of impoundment (NatureServe 2009). In Colorado, this species reaches the edge of its western range and has declined to just a couple sites in the South Platte River drainage (NatureServe 2009). The CNHP's Biodiversity Tracking and Conservation System identified several occurrence records. One account of the species occurred in 1906 approximately 2 -miles west of the property. Several accounts are located in the surrounding area, including within Section 34, but have no dates associated with them. There is a moderate potential for the species to occur in the Cache La Poudre River adjacent to the Lafarge Brown property. General Effect on Wildlife Due to Mining Operations Although the exact Plan of Operations including mitigation measures to protect wildlife species have not be finalized at this time, it is not likely that the proposed project would adversely affect wildlife species. Direct and indirect impacts to wildlife would likely depend on several factors: I) sensitivity of the species to human activity; 2) seasonal and daily timing of construction and development activities; and 3) availability of similar habitats outside of the project area. The majority of habitat on the Lafarge Brown property has been degraded by previous grazing Greeley 35th Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page H6 of H9 • • • activities and the establishment of invasive and exotic weed species. Impacts associated with disturbance of this habitat is likely to have minor impacts to wildlife species as many of the species utilizing habitats on the property (e.g., rabbits, coyotes, skunks, raccoon, rodents) are habitat generalists, meaning they are not tightly restricted to specific habitat types, and higher quality habitats are located in close proximity to the proposed project area. In addition, although some of the resident wildlife species utilizing the property may be temporarily displaced by the proposed mining activity, final reclamation would provide more diverse and higher quality habitat for wildlife currently utilizing the site and would likely draw many other species. Colorado Division of Wildlife Recommendations B&A biologists contacted Brandon Muller, District Wildlife Manager for the Colorado Division of Wildlife, in January 2009. In addition, Brandon also met with B&A biologists in -person during the field survey on February 5, 2009. Survey techniques were discussed and approved by Brandon on this date, and wildlife species that potentially utilize the area were confirmed. Greeley 35`h Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page H7 of H9 • • • Literature Cited Colorado Division of Wildlife — Natural Diversity Information Source (CDOW-NDIS). 2008. Natural Resource GIS Data. Available at: http://ndis.nrel.colostate.edu/ftp/index.html. Colorado Natural Heritage Program (CNHP). 2007. CNHP Potential Areas (PCAs) and Preble's Meadow Jumping Mouse Trapping Efforts Known from the East of Greeley to the East of Windsor MAP. Map Created June 08, 2007 for the Parson's Mine DRMS 112 Reclamation Permit Application. Colorado Natural Heritage Program (CNHP). 2008. Locations and Status of Rare and/or Imperiled Species and Natural Communities known or likely to occur within a two-mile radius of the Area of Interest located in Section 34 of T6N, R66W, located immediately northwest of Greeley, Colorado. Report Generated September 15, 2008. Mutel, C.F. and J.C.Emerick. 1992. From Grassland to Glacier: The Natural History of Colorado and the Surrounding Region. Johnson books, Boulder. NatureServe. 2009. NatureServe Explorer: An online encyclopedia of life [web application]. Version 7.1. NatureServe, Arlington, Virginia. Available http://www.natureserve.org/explorer. Accessed: February 25, 2009. US Fish & Wildlife Service. 2004. Preble's Meadow Jumping Mouse (Zapus hudsonius preblei) Survey Guidelines. Revised April 2004. Available at: http://www.fws.gov/mountain- prairie/species/mammals/preble/ Greeley 35th Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page H8 of 119 • • • Appendices Appendix H.1: Site Photographs Appendix H.2: PMJM Survey Field Data Compilation Form Greeley 35`h Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page 119 of 119 Greeley 35th Avenue Mine Expansion Land UseNegetation Map Section 34, T6N, R66W, Weld County, CO • Appendix H.1 Site Photographs • • • • • Photo Point 1 Facing Northeast • Appendix H.2 PMJM Survey Field Data Compilation Form • • • • Preble's Meadow Jumping Mouse, Zapus hudsonius preblei 2004 Survey Field Data Compilation Form O TRAPPING SURVEY I1 EVALUATED, NOT TRAPPED Fill out both sections 1 and 2 if trapping survey, fill out section 1 only if habitat evaluation (ie. not trapped). Compilation forms needed for updated habitat evaluations and site disqualification requests. SECTION 1 Surveyor: f:915-1 ,� } 09 Date of Site/Habitat Assessment _ Organization/Comany ` ASsot c' -A -PC , -SA C. • Full Name(s) 1C+f i n (Nc )Wea. Don Sovcl� Location: La�z e west Trig 35"`e.04 'neKSiO/1—s3cvw,n R��` li Project Name (if applicable) `� 5E o� (o,.)av al Project Description (nearby road intersection, type of impact. etc.) ;Tiv, A.w mve - coPbac&- . Fv r Cl (c1 v -e 4 U.S.G.S. Quad Name 13Cc, cF e11 County W e kdk_ Elevation 4 Township(s) (.1) N Range(sl Lelo W Section(s) 34 1/41,:= Section(s) (G oNE UTM Coordinates, Zone 13 Northing Lie -11-4-6%0 Easting 5,) t R UTM Coordinate Datum NAD27 Q NAD83 Directions to Location Z as 'to _hw 324 , ec&+ -}z, Sys Axre cx-rPfbx4tw`ss Land Ownership Pf ,Val loYTA c)w ire r - 3 N j A._ Habitat: r CU u t��d cP� Knc lac ^, General Habitat Description ok-c�`� R"ter ' eo(Ao�,s �'"9 f I e 1c (2.ol , S PO tack. ( ovo Dominant Overstory Plant Community (rf*on , Rvss girl oil i ut- Dominant Understory Plant Community Cart -c, W •Rio"`/ , 5 "Y‘ brU rn e, (2 -C -P Ck cov\cw-3 .3(2..s5 Current Land Use 2icccJ`o" , prc`, r i ctc Type: Perennialtnvu Stream Drainage Name: Cads( L Povcs-e pOStream Ephemeral Stream Pond/Lake her Ditch SECTION2: NIA - Z h. preblei found ? Yes ❑ No O Dates of Survey Trapping Information: Type of Traps Type of Bait % Available (unsprung) _ Number of Nights Trapped Total Trapnights Weather conditions prior to and during survey Associated Animal Species (especially urban predators, rats, house mice) Page 18 of 20 Sketch of surveyed area showing traplines. specific area disqualified (can be done on required U.S.G.S. map of site if appropriate). Preble's Data: Number of Preble's trapped or seen Distance from water (in) Sex (m/f) Evidence of repro.* Weight (grams). Marked or tagged? 1. 3. 4. (Continue on separate sheet if needed) * Reproduction evidence for males is descended testes, for females is enlarged nipples. Evidence of disease, predation or injury (Submit injury/mortality form if appropriate) Genetic Material Obtained? Yes —� No Forwarded co Specimen(s)? Yes No Forwarded to Additional Comments: Page 19 of 20 • • • • (SUBMIT THIS FORM WITH THE SURVEY REPORT WHEN APPROPRIATE) Zapus hudsonius preblei Injury/IVIortality Documentation Found dead Found severely injured, euthanized Slightly injured. returned to wild Died during handling i)atefrime: Location: _ Weather Conditions: Approximate Time Trap Set: Tune Trap Checked: Field Technician(s) Present: Information: PIT TAG Number: Weight (g): Total Body Length (mm): Tail Length (mm): Hindfoot Length (mm): Ear Length (mm): Sex: Reproductive Condition(s): Description of Injury: Details of Probable Reasons for Injury or Mortality: Signature of Technician(s): Page 20 of 20 • • • At the request of Tetra Tech, Buys and Associates, Inc. (B&A) was asked to review habitat suitability for Preble's Meadow Jumping Mouse (Zapus hudsonius preblei) on the Lafarge Brown property adjacent to Lafarge West, Inc. Greeley 35`h Ave Mine in Weld County north of Greeley, Colorado (Figure H-1). Lafarge West, Inc. plans to apply for a Colorado Division of Minerals and Geology 112 mining permit in this area. This survey was conducted on February 5, 2009. The Lafarge Brown property, which is approximately 12 acres in size, falls within Section 34 of Township 6 North, Range 66 West (Figure H-1). The property includes a weedy area with an active prairie dog colony. The northwestern portion of the property is bounded by a fence. The Cache La Poudre River corridor, which includes a bike path, is located just outside and northwest of this fence. Approximately 1,695 feet of the Cache La Poudre River borders the Lafarge Brown property. This portion of the river is surrounded by a riparian corridor with a middle-aged cottonwood canopy. Although the area outside and northwest of the fence described above would not be disturbed, due to its proximity to the Lafarge Brown property information about this area is included. The Lafarge Brown property was surveyed because it is within potential occupied range for the Preble's Meadow Jumping Mouse (USFWS 2004): • The site is located in Weld County below 7,600 feet in elevation. • The Cache la Poudre, a tributary to the South Platte River, borders the property. • Riparian habitat occurs adjacent to the property. The riparian corridor bordering the Lafarge Brown property was assessed. The photographs that were taken during the survey are attached. The riparian corridor adjacent to the Lafarge Brown property did not contain suitable PMJM habitat. The Cache La Poudre River in this area is deeply entrenched, heavily rip - rapped and sparsely vegetated. Habitat disturbances in this area have also been caused by fanning and heavy grazing practices. The shrub component is very sparse along the river in this area. Due to channelization, and past and current grazing management, the riparian zone is narrow and is dominated by upland grasses and a narrow band of cottonwood trees. The riparian corridor upstream or downstream of the Lafarge Brown property does not provide adequate cover or habitat for the PMJM. The species has not been documented within the property or in the surrounding area. As such, there is a low potential for the species to occur within the Lafarge Brown property. References US Fish & Wildlife Service. 2004. Preble's Meadow Jumping Mouse (Zapus hudsonius preblei) Survey Guidelines. Revised April 2004. Available at: http://www.fws.gov/mountain-prairie/species/mammals/preble/ • • • Photo Point 1 Facing Northeast • • • EXHIBIT I Soils Information Following is a description of the soils found on the property according to the Soil Survey Staff, Natural Resources Conservation Service, United States Department of Agriculture. Web Soil Survey. Available online at http://websoilsurvey.nrcs.usda.gov/. The information was accessed on April 9, 2009. Attached is a map showing the location of the soil categories described below. Aquolls and Aquents, gravelly substratum Aquolls Slopes are 0 to 3 percent. This component is on swales, streams, flood plains. The parent material consists of recent alluvium. Depth to a root restrictive layer is greater than 60 inches. The natural drainage class is poorly drained. Water movement in the most restrictive layer is moderately high. Available water to a depth of 60 inches is moderate. Shrink -swell potential is low. This soil is frequently flooded. It is not ponded. A seasonal zone of water saturation is at 27 inches during March, April, May, June, and July. Organic matter content in the surface horizon is about 2 percent. This component is in the R067BY035CO Salt Meadow ecological site. Nonirrigated land capability classification is 6w. This soil meets hydric criteria. Aquents, gravelly substation Slopes are 0 to 3 percent. This component is on stream terraces. The parent material consists of recent alluvium. Depth to a root restrictive layer is greater than 60 inches. The natural drainage class is poorly drained. Water movement in the most restrictive layer is moderately high. Available water to a depth of 60 inches is moderate. Shrink -swell potential is low. This soil is frequently flooded. It is not ponded. A seasonal zone of water saturation is at 15 inches during March, April, May, June, July, August, and September. Organic matter content in the surface horizon is about 1 percent. This component is in the R067BY035CO Salt Meadow ecological site. Nonirrigated land capability classification is 6w. Irrigated land capability classification is 6w. This soil meets hydric criteria. The calcium carbonate equivalent within 40 inches, typically, does not exceed 5 percent. The soil has a very slightly saline horizon within 30 inches of the soil surface. Fort Collins loam, 1 to 3 percent slopes Slopes are 1 to 3 percent. This component is on plains, terraces. The parent material consists of alluvium and/or modified by thin eolian deposits. Depth to a root restrictive layer is greater than 60 inches. The natural drainage class is well drained. Water movement in the most restrictive layer is moderately high. Available water to a depth of 60 inches is high. Shrink -swell potential is low. This soil is not flooded. It is not ponded. There is no zone of water saturation within a depth of 72 inches. Organic matter content in the surface horizon is about 2 percent. This component is in the R067BY002CO Loamy (formerly Loamy Plains) ecological site. Nonirrigated land capability classification is 4c. Irrigated land capability classification is 2e. This soil does not meet hydric criteria. The calcium carbonate equivalent within 40 inches, typically, does not exceed 10 percent. Greeley 35th Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page 11 of 12 Water • • • Water Generated brief soil descriptions are created for major soil components. The water is a miscellaneous area. Aq_uolls Generated brief soil descriptions are created for major components. The Aquolls soil is a minor component. Borrow Pits Generated brief soil descriptions are created for major soil components. The borrow pits is a miscellaneous area. Greeley 35th Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page 12 of 12 13 -APR -2009 P: 3511\133-23511-0800 \GIS\MXD\DRMS SOIL INFO.MXD ;With itim r ?ci42 r r>T iii Legend L1Permit Boundary Soils ' Aquolls and Aquents, gravelly substratum Borrow Pits Ezzi Fort Collins loam, 1-3 "/ slopes ".r... Water 0 N 1,000 2,000 Feet Soils Data: Soils Survey Staff, Natural Resources Conservation Service, United States Department of Agriculture. Web Soil Survey. Available online at http://websoilsurvey,nres.usda.gov/ accessed 03/30/2009. LAFARGE WEST, INC GREELEY, COLORADO EXHIBIT I - SOIL INFORMATION GREELEY 35TH AVENUE PIT AMENDED DRMS PERMIT M-1977-036 PRJ: #133-23511-08005 REV: 0 DATE: APR 13, 2009 BY: JJA CHECKED: PR -I 0 TETRA TECH • • • EXHIBIT J Vegetation Information General Buys and Associates, Inc. (B&A) was retained by Tetra Tech to assess vegetation habitats (including habitat for T&E species) and to evaluate potential impacts to these habitats. These assessments were conducted on the Lafarge Brown property, adjacent to the Greeley 35th Avenue Mine in Weld County north of Greeley, Colorado. A vegetation and habitat assessment survey was conducted by B&A biologists on February 5. B&A biologists surveyed the property on foot using a Garmin GPSMAP 60CSx (accurate to < 10 meters). Photos and notes were taken of the vegetation habitats present on the Lafarge Brown property. Appendix J.1 includes photos of the Lafarge Brown property. Present Vegetation Types The Lafarge Brown property, which is approximately 12 acres in size, falls within Section 34 of Township 6 North, Range 66 West (Figure J-1). The property includes a weedy area with an active prairie dog colony. Figure J-2 shows the Lafarge Brown property and the sub -region of land use/vegetation. The northwestern portion of the property is bounded by a fence. The Cache La Poudre River corridor, which includes a bike path, is located just outside and northwest of this fence. Approximately 1,695 feet of the Cache La Poudre River borders the Lafarge Brown property. This portion of the river is surrounded by a riparian corridor with a middle-aged cottonwood canopy. Although the area outside and northwest of the fence described above would not be disturbed, due to its proximity to the Lafarge Brown property information about this area is included in this report. During the survey, various vegetation data were collected on the Lafarge Brown property. The property and surrounding areas have distinguishable land use or vegetation areas; therefore data were collected for each land use/vegetation sub -region. Figure J-2 shows the Lafarge Brown property and the sub -region of land use/vegetation. Table J-1 shows the vegetation data for each land use/vegetation sub -region on the Lafarge Brown property and in the surrounding area, and describes the general condition of each sub -region. Other species are scattered throughout the area, especially along the borders between cultivated fields. These species include weedy species such as Siberian elm (Ulmus pumila), annual mustards (Brassica sp.), kochia (Kochia scoparia), and velvet leaf (Abutilon theophrasti). Greeley 35th Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page J1 015 • • • -1. Veetation Data Collected During the Survey of the Lafarge Brown Property. g Sub -Regions Approx. Size (acres) Dominant Species Approximate Cover* and Height of Vegetation in Each Strata Herbaceous Shrub Tree Cover (%) Height (feet) Cover (%) Height (feet) Cover (%) Height (feet) Prairie -dog Area 12 Kochia, Russian thistle 75-100 1 <5 3 — — Wetland Area 3 Plains cottonwood, crack willow, coyote willow 50-75 2 5-25 5 5-25 20 *The following vegetative cover classes were used: <5%, 5-25%, 25-50%, 50-75%, and 75-1 Table J-2 shows the plant species documented during the survey. Table .1-2. Vegetation Species Observed During the Survey. Family Scientific Name Common Name Weed Aceraceae Acer negundo Box elder Asteraceae Chrysothamnus nauseosus Rabbitbrush Chenopodiaceae Kochia scoparia Kochia yes Chenopodiaceae Salsola iberica Russian thistle yes Elaeagnaceae Elaeagnus angustifolia Russian olive yes Poaceae Agropyron intermedium Intermediate wheatgrass Poaceae Phalaris arundinacea Reed canary grass Poaceae Distichlis spicata Saltgrass Poaceae Bromus inermis Smooth brome yes Polygonaceae Rumex sp. Sorrel Salicaceae Populus deltoides Cottonwood Salicaceae Salix exigua Coyote willow Salicaceae Salix fragilis Crack willow Typhaceae Typha latifolia Cattail Ulmaceae Ulmus pumila Siberian elm yes No Federa ly-listed plant species have the potential to occur in the vicinity of the Lafarge Brown property. The Colorado Natural Heritage Program (CNHP) has no accounts of Federally -listed plant species in the area (CNHP 2008). Areas with the potential to include wetlands, such as in the riparian corridors northwest of the Lafarge Brown property, were mapped during the survey. The Corps of Engineers uses three indicators when making wetland determinations: vegetation, soil, and hydrology. To be considered a wetland, all three indicators must be present. The areas mapped during the survey were based solely on vegetation, therefore the extent of the area was maximized and includes all potential Corp of Engineer wetlands. If development were to encroach on the mapped wetland areas, B&A would recommend a comprehensive wetland delineation to determine the exact extent of the wetland according to all three indicators. Greeley 35`h Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page J2 of J5 • • • One wetland area was documented along the riparian corridor northwest of the Lafarge Brown property (Figure J-2). The banks of the river in this area are riprapped and channelized in some areas, especially the north bank. The corridor is dominated by cottonwoods, some of which are mature and approximately 60 feet in height. The riparian corridor has a sparse understory, which is mainly composed of coyote willow. Relationship of Present Vegetation to Soil Types The U.S. Department of Agriculture — Natural Resources Conservation Service's (USDA-NRCS) Web Soil Survey was used to identify soils at the site, and to provide details about the soils. Figure J-3 displays the soil in the vicinity of the Lafarge Brown property. The soil map units and their relationship with the land use/vegetation types in the vicinity of the Project Area are summarized in Table J-3. Table J-3. Relationship of Present Land Use/Vegetation to Soil in the vicinity of the Lafarge Bro Sub -Regions Soil Map Unit Soil name Prairie -dog Area 3 Aquolls and Aquents, gravelly substratum Wetland Area 3 Aquolls and Aquents, gravelly substratum 85 Water Estimate of Average Annual Production This section is not applicable because reclaimed areas will not be used as range or agriculture. Greeley 35th Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page J3 of J5 • • • Literature Cited Colorado Natural Heritage Program (CNHP). 2008. Locations and Status of Rare and/or Imperiled Species and Natural Communities known or likely to occur within a two-mile radius of the Area of Interest located in Section 34 of T6N, R66W, located immediately northwest of Greeley, Colorado. Report Generated September 15, 2008. U.S. Department of Agriculture, Natural Resources Conservation Services (USDA-NRCS). 2009. Web Soil Survey: Weld County, Colorado, Southern Part (CO618). Survey Area Data: Version 9, February 11, 2008. Available at: http://websoilsurvey.nrcs.usda.gov/app/. Greeley 35`h Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page J4 of J5 • • Appendices Appendix J.1: Site Photographs Greeley 35th Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page J5 of J5 • • to Greeley 35th Avenue Mine Expansion Land Use/Vegetation Map Section 34, T6N, R66W, Weld County, CO Soils Legend es 51, Otero sandy loam, 1 to 3% IS 3, Aquolls and Aquents, gravelly substratum K 24, Fort Collins loam, 1 to 3% 39, Nunn loam, 0 to 1% K 41, Nunn clay loam, 0 to 1% fl 85, Water • Appendix J.1 Site Photographs • • • • • Photo Point 1 Facing Northeast EXHIBIT K • Climate The subject site area has a high plain, continental climate. With the mountains to the west, variations in temperature are wide. In the high plains area, rainfall is light and humidity is low. The average frost -free period is 172 days. Annual average precipitation is about 14 inches. In the eastern high plains area, the climate is modified considerably from that expected of a typical high plain because of the nearby mountains to the west. The winds characteristic of the plains are reduced somewhat by the shielding effect of the mountains. Climate data for the Site is assumed to be similar to that of a weather station at Greeley UNC, Colorado. The Western Regional Climate Center tracks temperature extremes and precipitation data for this station. The following table includes data that was collected between March 1, 1967 and December 31, 2008. GREELEY UNC, COLORADO (053553) Period of Record Monthly Climate Summary • Period of Record: 3/1/1967 to 12/31/2008 Average Max. Temperature (F) Average Min. Temperature (F) Jan Average Total Precipitation (in.) Average Total SnowFall (in.) 41.3 15.3 Average Snow Depth (in.) 0.48 5.9 2 Feb 46.9 19.9 0.36 4.3 Mar Apr May Jun 55.9 26.8 64.4 73.6 34.7 1.06 1.75 7.1 1 0 5.0 44.2 84.0 52.8 2.42 1.84 0.9 0 0 0.0 0 Jul 90.0 58.3 1.51 Aug 87.7 56.2 1.33 0.0 0 0.0 0 Sep 79.4 46.8 1.12 0.7 0 Oct 66.7 Nov 51.2 Dec 41.9 35.5 24.6 1.02 2.9 0 0.75 6.8 1 16.5 Annual 0.50 6.3 1 65.2 36.0 14.14 39.9 0 Percent of possible observations for period of record. Max. Temp.: 100% Min. Temp.: 100% Precipitation: 100% Snowfall: 97.8% Snow Depth: 95.3% Check Station Metadata or Metadata graphics for more detail about data completeness. Source: Western Regional Climate Center, www.wrcc.dri.edu/cgi-bin/cliMAIN.p1?co3553. Greeley 35" Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page KI of KI • • • EXHIBIT L Reclamation Costs The attached spreadsheet represents the estimated cost for the Division to reclaim approximately 267 acres of disturbance at the Greeley 35th Avenue Mine site. During the mining of the Lafarge Brown portion of the West Pit, the West Pit will not be completely reclaimed and final reclamation will not be completed for the South Central Pit, East Pit and unmined areas around each of these pits. Out of the 267 acres which encompasses this area of disturbance, approximately 114 acres of this land is proposed to be open water pond leaving 153 acres of land requiring revegetation in order to reclaim the land. Two areas of the property were excluded from the calculation of the maximum area of disturbance that should be included in the reclamation cost estimate; the Plant Site and the North Central Pit. Following mining and reclamation of the entire site, Lafarge intends to continue using the Plant Site as an Industrial Use within Weld County; therefore, this portion of the property would not require reclamation. The North Central Pit was excluded from the estimate because it has already been reclaimed as an open water pond. Greeley 35" Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page LI of LI GREELEY 35TH AVENUE MINE MINE RECLAMATION COSTS O O 0 N O S CO r O 0 N- N- (.4 M r U) N 16 n CO ✓ 0 O N S CO r 0 O U) O 10 N O) M O CO 111- 0 O M NE. M N 0 0 O T U) M r O O O O O N N N- O O O O 41 41 O O O O CD O 0 O M 0 0 O O O O V O O O 0 0 CO to a) C Lo N ci N m O C O N N N a) 0 O U) O V m } O .0 0 O u7 O N a) C 0 0 0 O M d C 0 U) O a `m >- .o J 0 0 O N Linear Foot O J E a a) tn Co N CD 0) C C a oo Z # 0 a) N V a) a C O To O a C a) N a) a) LL u) a) 0 aJ CO U) N O O N O 0 N a) E J w w m a`) V Ct 0 -J m N 0 0 L O) C 0 Co a 1 — 0 C 0 U V a) >a) L a) a) V V C O a >) (a 0 N a) a) E .J (/) N N a C 0 a a`) CO C a) a O _O a) a) a O CO O co E O a) K E N C Do C ul 0 U N OD O N U) au N N CO Co S U) O 0 O V C 0 N O C N E t a) a O U m C 0 0 O O U m C O U P:\23511\133-23511-08005\Deliverables\DRMS\Application Package\Exhibit L\Exhibit L Rec Cost Estimate.xls 7/1/2009 EXHIBIT M • Other Permits and Licenses A list of other permits, licenses, and clearances associated with adding the Lafarge Brown property to the Greeley 35th Avenue Mine are as follows: • City of Greeley Rezoning and Use by Special Review applications for the Lafarge Brown property (in process with the City of Greeley) • Fugitive Dust Permit (to be amended by notifying the Colorado Department of Public Health and Environment of the new permit boundary) • CDPS Industrial General Permit for groundwater discharge (to be amended by notifying the Colorado Department of Public Health and Environment of the new permit boundary) • Gravel Pit Well Permit (to be amended prior to mining) • Substitute Water Supply Plan (to be amended prior to mining) • • Greeley 35" Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page Ml of MI • • • EXHIBIT N Source of Legal Right to Enter Attached please find the following documents: • Lafarge Brown Property Deed • Existing Greeley 35th Avenue Mine Property Deed • Certificate of Ownership and Merger Merging Western -Mobile Northern, Inc. Into Western Mobile, Inc. • Application for Amended Authority indicating that Western Mobile Inc. changed its name to Lafarge West, Inc. Greeley 35`h Avenue Pit (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page NI of NI • Lafarge Brown Property Deed • • 1111111111111111111111111111111,11 IIIII1 I�� 111111111�� 1 of 3 a 15.00 0 817 Weld County CO Filed for record the day of ,A.D. 19 at o'clock M. RECORDER. -'on No. By DEPUTY. S _ WARRANTY DEED THIS DEED , Made on this day of December01, 1999 between ROBERT HENRY BROWN AND BETTY DEE DAVEE State Documentary Fee Date '?-t- 9 ! 1 whose legal address is : of the Grantor(s), and WESTERN MOBILE NORTHERN. INC. DBA LAPARG&NORTHERN, A DELAWARE CORPORATION whose legal address is : 1590 W. 12TH AVENUE, DENVER, CO 80204 of the Grantee(s): WITNESS, That the Grantor(s), for and in consideration of the sum of ( 681.%15.0 see Eighty One Thousand Seven Hundred Fifteen and 00/100 tee DOLLARS the receipt end sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantee(s), his heirs and assigns forever, all the real property, together with inprovements, if any, situate, Lying and being in the County of WELD and State of Colorado, described as follows: LEGAL DESCRIPTION ATTACHED AND MARKED AS EXHIBIT 'A' AND MADE A PART HEREOF AS IP FULLY SET FORTH HEREIN also known as street nutter VACANT LAND TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right title interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained premises, with the heredi taments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s), his heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee(s), his heirs and assigns, that at the time of the enseaiino and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the sane in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, EXCEPT GENE Al TAXES AND ASSESSMENTS FOR THE YEAR 1999 AND SUBSEQUENT YEARS, EXCEPTIONS AS LISTED ON EXHIBIT 'B' ATTACHED AND MADE A PART HEREOF AS IP FULLY SET FORTH HERELN. The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee(s), his heirs and assigns, against alt and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the Grantor(s) has executed this deed on the date set forth above. STATE OF bf!/im,C ,i' } Ins. county of/214'/f7U1-22 BETI'YrDECACt; The foregoing instrument was acknowledged before ma on this day of December 01.1999 by ROBERT HENRY BROWN AND BETTY DEE DAVEE my tpm iss,at, d4 A Bic, 1, i'.. Witnes my hand NOTAR)Fp1;'BOar. STATE OFC0L09ADC Notary Public Escrow/ Ac19516 When Recorded Return to: WESTERN MOBILE NORTHERN, INC. DBA Titled F0190967 LAND nT� LAFARGE-NORINERN, A DELAWARE 1590 W. 12TH AVENUE, DENVER, CO B0204 Form COMA) WARRANTY DEED (For Photographic Record) 11111111111111111111111IIIII11111111111III IIIII (III HUI 2737621 12/09/1999 10:35A JA Suki T:ukamoto 2 of 3 R 15.00 D 8.17 Weld County CD • • • LEGAL DESCRIPTION Our Order No. FC190967.4 A PARCEL OF LAND BEING PART OF THE NE 1/4 OF THE NE 1/4 OF SECTION 34, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NE CORNER OF SAID SECTION 34 AND ASSUMING THE NORTH LINE OF THE NE 1/4 OF SAID SECTION 34 AS BEARING S 89 DEGREES 42' 46" W A DISTANCE OF 2648.69 FEET WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE S 00 DEGREES 12' 48" E ALONG THE EAST LINE OF SAID NE 1/4 OF THE NE 1/4 A DISTANCE OF 301.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING S 00 DEGREES 12' 48" E ALONG SAID EAST LINE A DISTANCE OF 1051.03 FEET TO THE SE CORNER OP SAID NE 1/4 OF THE NE 1/4; THENCE S 89 DEGREES 48' 39" W ALONG THE SOUTH LINE OF SAID NE 1/4 OF THE NE 114 A DISTANCE OF 1073.49 FEET; THENCE N 11 DEGREES 56' 45" E A DISTANCE OF 43.21 FEET; THENCE N 28 DEGREES 45' 57" E A DISTANCE OF 214.49 FEET; THENCE N 46 DEGREES 55' 42" E A DISTANCE OF 417.16 FEET; THENCE N 33 DEGREES 40' 05" E A DISTANCE OF 514.15 FEET; THENCE N 60 DEGREES 29' 56" E A DISTANCE OF 197.58 FEET; THENCE N 83 DEGREES 59' 19" E A DISTANCE OF 171.21 FEET; THENCE S 81 DEGREES 36' 09" E A DISTANCE OF 25.67 FEET TO THE TRUE POINT OF BEGINNING. 12301111131111511.11011119!D 111111111111111111111III1111111111111 7 8.17 WelddCounty CO Amato • EXHIBIT "B" Our Order No. PC190967-3 RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 17, 1894, IN BOOK 34 AT PAGE 191. OIL, GAS AND MINERAL LEASE BETWEEN HENRY I. BROWN AND DOROTHY W. BROWN AND AMOCO PRODUCTION COMPANY, RECORDED FEBRUARY 8, 1977 UNDER RECEPTION NO. 1710735 IN BOOK 789 OIL AND GAS LEASE BETWEEN HENRY I. BROWN AND SULPHER RIVER EXPLORATION, INC., RECORDED JULY 10, 1981 UNDER RECEPTION NO. 1863034 IN BOOK 941 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. • • ANY LOSS OR DAMAGE DUE TO THE FENCE LINES ALONG THE EAST AND SOUTH PROPERTY LINE DO NOT COINCIDE WITH THE PROPERTY LINES AS SET FORTH ON SURVEY NO. 99230, DATED SEPTEMBER 8, 1999 BY KING SURVEYORS, INC. • Existing Greeley 35th Avenue Mine Property Deed • • Colorado Secretary of State - Summary Page 1 of 1 Summary For this Record... History & Documents View Trade names File Document Email Notification Business Home Business Information Business Search FADS Glossary Elections Center Business Center Information Certerl ID Number: Name: 19891057629 WESTERN -MOBILE NORTHERN, INC., Colorado Authority Terminated January 16, 2002 Registered Agent: Registered Agent Street Address: Registered Agent Mailing Address: PRENTICE-HALL CORP SYSTEM INC 1560 Broadway Ste 2090, Denver, CO 80202, United States Principal Street Address: Principal Mailing Address: Status: Form: Jurisdiction: Formation Date: Term of Duration: Annual Report Month: You may: • View History and Documents • View Trade names • File a Document • Set Up Email Notification l Previous Page J 12950 WORLDGATE DR STE 500, HERNDON , VA 20170, United States Withdrawn Foreign Corporation Delaware 05/24/1989 Perpetual May Business Center: 303 894 2200 • Fax: 303 869 4864 • e-mail: sos.business(alsos.state.co.us Search I Contact us I Privacy statement i Terms of use http://www. sos.state.co.us/bizBusinessEntityDetail. do?quitButtonDestination=BusinessEnt... 6/8/2009 in x r O r OD x r r 0 A N N z crl T00'L66I-£6STLSZ AR1696055 If 0971 REC 01896055 06/29/62 15:37 $6.00 1/002 F 0856 MARY ANN FEUERSTEIN CLERK IL RECORDER WELD CO, CO RECORDER'S STAMP This Deed, Made this lath day of June , 1982, between GREELEY SAND AND GRAVEL COMPANY, also known as GREELEY SAND AND GRAVEL CO. a corporation duly organized and existing under and by virtue of the laws of the Slate of Colorado of the first part, and COWAN CONCRETE PRODUCTS, INC. a corporation duly organized and existing under and by virtue of the laws of the state of Colorado of the second part:whose legal address is 625 Third Street, Greeley, Colorado 80631. WITNESSETII, That the said party of the first part, for and in consideration of the sum of other valuable consideration and TEN AND NO/10D ($10.00) DOLLARS to the said party of the first OM in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, bath .granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the said party of the second part. its successors andassigns forever, all the following described or parcel of land, situate, lying and being in the County of Weld and Slate of Colorado. to -wit: SEE ATTACHED LEGAL DESCRIPTION. alto known as street and number none assigned. TOGETHER, with all and singular site beredflarnents and appurtenances thereunto belonging, or In anywise appertaining, and the - ion and revceaions, remainder and remainders, rents, issues and profits thereof: and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditament; and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances unto the said party of the second part, its succtman, and assigns forever. And the said GREELEY SAND AND GRAVEL COMPANY, also known as GREELEY SAND AND GRAVEL CO. party of the that part, for itself, its successors and assigns, dolh covenant, grant, bargain and agree to and with the said party of the second part, its successors and assigns, that at the time of the caseating and delivery of these pres- ents it is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple. and path good right, full power and lawful authority to grant, bargain, sell and convey the tame In manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrancea of whatever kind or nature oever; Subject to general taxes for 1982 and subsequent years, and subject to reservations, restrictions, limitations, exceptions, and easements in instruments of record. 0o O ss; A, • '.COLORADO a. ca. <: ,-.:�.. c'!_E�dnll ot__wEIA•—_. {,.:1":;-.ypd t%7 jp slrunant was acknowledged before me this n),>.i.:t HARD W. ROPER '»•• S Nb ANDRGRAVEL COMPANY, also known and the above bargained premises in the quiet and peaceable possession of the said party of the second part, its suc- cessors and assigns against all and every person or persons lawfully chiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEPEND. IN WITNESS WHEREOF, The said party of the first part bath tallied its corporate name to be hereunto sub- scribed by its president, and its corporate seal to be hereunto affixed, attested by its Assistant secretary, the day and year first above written. GREELEY SAND AND GRAVEL COMPANY, also known as GREELEY SAND AND GRAVEL CO. Attestf)s i '. • fr.ii - _ 20,A@9$�'Frjy ;_: {lpBPNER, Assistant s,e.M.n: R CHARD W. ROPER, v.wNwa si7 , • My notarial commission expires Ap ADDRESS OF :VOTARY PUBLIC: Witness my hand and off' 625 Third Street Greeley, Colorado 80631 I. N i8th dud June, as Prfsfd,(RL?aa, es Assistant • en -t)7l6 as GREELEY SAND AND GRAVEL4C j,e, .... ' vas;["ww too;. 1, 1983 Wt oc- SELL TURtJE R7i ._C. do -606 _ 1 No, 767. W AAAANTY Drgo-1•<rporaLLn b eetananr—a,adterd PoYYWi Ce, ant.0 steal gone, Oster. Osteyo 2347 t."."""“ 0 SKLD LG SKL10422 WE 1896055-1982.001 0 0971 REC 01096055 06/29/82 15:37 $6.00 2/002 F/0857 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO LEGAL DESCRIPTION OF PROPERTY That part of Section Thirty-five (35), Township Six (6) North, Range Sixty-six (66) West of the Sixth (6th) P.M., Weld County, Colorado, being more partibularly described as follows: Beginning at the Northeast Corner (NE Cor)of -said Section Thirty-five (35), and considering. the East line of said Section Thirty-five (35), as bearing North 00°00'00" -East, with all other bearings contained herein relative thereto; thence South 00°00'00" West, along the East line of said Section Thirty-five (35), 2,313.00 feet; thence North 89°17'48" West, 30.00 feet to the true point of beginning, thence North 89°17'48" West, 1,241.00 feet; thence South 58°42'58" East, 1,142,05 feet; thence North 87°57'44" East, 265.07 feet; thence North 00°00'00" East, 568.38 feet to the true point Of beginning, said described parcel of land contains 10.005 acres, more or less. SKLD LG SKL10422 WE 1896055-1982.002 AE1881466 arts, Rive, B 0960 REC 01801466 01/29/02 16:20 43.00 1/001 MARY ANN FEUERSTEIN, CLERK d RECORDER, WELD COUNTY, CO • t I4 fr has i Dr. COLCioc. SOMAS J. CI WAN whose address is 1617 North 35th Avenue, Greeley, CO County of Weld , and state of Laredo , hw the consideration of other valuable consideration and 12n------ Ilolla rs, in hand paid. hereby sell(s) and quit elnhnb)10 (EWAN OONCRECE Pti3DIX.RS, INC. whose address is 625 3rd Street, Greeley, Q3 property. in the '•!•:I` Occumenlory Fee Cote .:14Nj.2 919E°, . Con n Iv of Weld .mud State of Colorado ,the following real County of Weld , rind Sts to of Colorado, to wit: A strip of land thirty feet in width off the Mk of the SE)t of Section 35, Thwnship 6 North, Range 66 West of the 6th P.M. described as follows, to -wits Beginning at a point on the North line of the Calmed) & Southern Railway Right-of-way one hundred and ninety (190) feet West of the East line of said Section Thirty-five; thence Westerly along said Colorado I. Southern Right-of-way, fifty (50) feet from and parallel to the center line of said railway as now located, for a distance of Four Hundred and Eighty (480) feet; thence North thirty (30) feet; thence Easterly, eighty (80) feet Fran awl parallel to the center line of said Colorado & Southern Railway, as now located; for a distance of Four Hundred and Eighty (480) feet to a point. , one hundred and ninety (190) feet West of the East line of said Section Thirty-five; thence South Thirty Feet (30) to the North line of the Colorado & Southern Railway right-of-way, PUCE OF &GINNING. Also easenent over roadway thirty (30) feet in width from the East line of said Section 'thirty-five, to the East end of the above described strip of land. also known us street and naadwr wit In all its appurtenances Signed t his 27th day of January ,1 82 G Thomas J Cowan STATE OF COLA RA 1)O, 55. County of Wald The foregoing instrument was acknowledged before me this 29th .Iny of January ,19 82 ,by ni ltS J. O0MAN. • Aly commission expires October 1, 1985 Witness my hand and official seal . _ .&6- #, hadrness 1007 9th Aimee Greeley, W 80631 No. s!t gun cull. IW..EhI—Wortfna— L.M'MahN i,.f.11 WS. bn.Wt.o1.00lna—II 1)IJI4 —M, SKLD LG SKL10422 WE 1881466-1982.001 -4 C) 8°°1(925 JAN 1 6 1981 Weld County, Colorado aemrded a_!D o'e loehQ • ./— ..._--'•.--- 1847148 tSstf4 e.__Recorder. Repptien No___ — _ • • I Tars DEED,Made this 3rd da; of June I le 80. between H. P. N. INC. • . a corpoadan duly organized end existing under end by virtue of the laws of the State of Colorado of the first part, and • COWAN CONCRETE PRODDCTS. . INC. RECORDER'S STAMP a corporation duly mxanized and existing unde- and by virtue of the laws of the State of Colorado , of the second put; whoselegoladdressis 625 — 3rd Street, P. 0. Box 1647 Greele), Colorado 80632 sWiITNESSETO• That the said party of the that part, for end in coneldoreton of the sum of TEN ($10.00) ------ AND OTHER VALUABLE CONSIDERATIONS DOLLARS to the said pasty of the first part in hand paid by the said patty of the second part, the receipt whereof is hereby oaidea;ed end acknowledged, bath granted, bargained, sold and convoyed, and by these presents does grant, bargain sell, convey and toafie,,, unto the said party of the second part, its successors and assigns forever, all the following described tracts or panel s of land, Chats, lying and being in the County of Weld. and Stale of Colorado, to wit: PARCEL I The Northeast Quarter and all that part of the East Half of the Northwest Quarter, the South- west Quarter of the Northwest Quarter, the Northeast Quarter of the Southwest Quarter and the North Half of the Southeast Quarter of Section 35, and the Southeast Quarter of the Northeast Quarter of Section `(�7i lying North of the right-of-way of the Colorado and Southern Railway, all in Township 6 North, Range 6t West of the 6th P.N., County of Weld, State of Colorado, Except those rights -of - way conveyed to Weld County by deeds recorded in Book 76, at Page 472, Book 130 at Page 80 and Book 961 at Page 96; and Except that parcul sold to Great Western Sugar Company by deed recorded in Book 201 at Pages 219 and 220, Weld County Records, Except those parcels of land previously conveyed by instruments recorded June 17, 1970 in Book 627 under Reception No. 1549428, April 19, 1976 January Book 764 under Reception No. 1686326, Y 15, 1974 in Book sunder Reception 11, 1978 inBook847 2, Weld County Records,, and October under Reception No. 1769344. PARCEL II A tract of land situate in the Northwest Quarter of the Northwest Quarter(NW$NWk) of Section Thirty -Five (35), Township Six (6) North, Range Sixty -Six (66) West of the 6th P.H., Weld County, Colorado, which considering the North line of said Northwest Quarter (NW14) as bearing due East and West and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point on the West line of said Northwest Quarter (NA) said point bearing South 000 28'30" West 239.28 feet from the Northwest corner of said Northwest Quarter (NWIt) and run thence South 00°28'30" West 1086.10, feet to the Southwest CornerofhNorth est 6 the NorthwestQEast Quarter of said Northwest Quarter (NWl4NW ; thence 1389.12 feet along the south line of the Northeast Quarter of said Northwest (Netter (WOW to the Southeast corner of the Northwest Quarter of said Northwest Quarter (NWINWt); thence North 00'19' East 1319.63 feet along the East_ line of the Northwest Quarter (NIA) of said Northwest Quarter (NWIt) to the Northeast corner of the Northwest Quarter of said No. 9941 weaxen' T assn —Can nb Ur..,. s—anew.a ec.ron 0r e:e. sr. s awa seat em . Cal ,.d —4.-- $111v�� w44,40', Ilv�lj SKLD LG SKL10422 WE 1847148-1981.001 1847148 • • h. • ' 1 l'II , co, in') 3°p925 ,3-a Northwest Quarter (NWILNWIG); thence West 347.37 feet along the North line of said Northwest Quarter (NWI), thence South 02° 49'30" West 232.07 feet; thence South 75°08' West 169.68 feet; thence South 89°22' West 39.57 feet; thence South 69° 36'40" hest 368.11 feet; thence North 69'25' West 87.55 feet; thence North 60°19' West 194.78 feet; thence North 70°16' West 76.10 feet; thence North 85'42' West 157.58 feet to the true point of beginning. elscinmca us street and number vacant land — 925 North 35th Avenue, Greeley, Colorado. ii TOGETHER with all and singular the henditaments and appurtenance, thereunto belonging, or hi anywise appertaining, and the reversion and reversions, remainder end remainders, rent,, issues and profits thereof; and all lino emtate, right, title, latexes; claim and demand whatsoever of the aid party of the first part, either In law or equity, or. In and to the above bargained premises, with thu hereditament, and appurtenances. TO RAVE AND TO HOLD the said premises above 4r rgeined and described, with the appurtenances unto the said party of the second part, Its successors and assigns, former. And the said M. P. M. INC. party of the Lint part, for itself, its sycamore and assigns, loth covenant, grant, bargain and agree to and with the said party of the second part its successors and assigns, that at tperfect, time of the he,naoluta and Indefensible °caiing and delivery ofthese of e presents It I. well seized of the premises conveyed, as of good, sure, IaberHance, in law, in fee simple, and bath good right full pawn and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the some are free and clear from all former and other gams, bargain', ales, liens, taxes, assessments and encumbrances of whatever kind or nature soarer. EXCEPT taxes for 1980, payable in 1981and EXCEPT rights —of —ray for existing roads and highways and all easements and rights —of —way and mineral leases, reservations, exceptions, covenants and conditions of record. and the above bargained premam in the quiet and peaceable poaeeasion of the said party of the second part, Its eouesaon and anion against all cad every person or persona lawfully claiming or to claim the whole or any part thereof the said natty af the lint pert *fill end will WARRANT AND FOREVER DEFEND. IN W1ThESS WHEREOF The eud pasty of the lint part bath caused its corporate ranee to be hereunto sebeenbed by ate president and its corporate seal to he hereunto affixed, attested by Its secretary the day and year fast above wnttea rtesI siltll I In. '14 r 2 M. P. M. INC. / Ey L 4�,. `" • President. a.rah.et. P, SKLD LG SKL10422 WE 1847148-1981.002 eocK 925 1847148 3-3 STATE OF COLORADO, City and y County oL.._....._Dener I _ a notary public in and for said -- —. ._.__County in the State aforesaid. do hereby certify that__.Tb98a@...W.._.AF.eade _.and Donal& ._Xa1e..------ who am personally known to me to be the same persona whose names are subscribed to the foregoing deed as hang executed the sawn respectively as____ —president and--._-- __._secretary of The_____ H. P. IS. LNG. a corporation, and who are known to me to on stall officers respectively, appeared before me the day in person, and severally acknowledged: That the seal offned to the foregoing instrument is the corporate seal of said corporation; that the same was thereunto affixed by the aa&.nt, a said corporatian; that said instrument was by like authority subscribed with Its corporate name that the ad Thomas W. Heade Donald E._Yale Is the ...... of said corporation and the said _____... _lath e —_-_.Secretary thereof that by the authority of said corporation they respectively subeecribed their names thereto er__.___....preaident end.. secretary and that they signed, sealed and delivered the said instrument of writing as their free and voluntary act and deed and as the free and voluntary set and deed of said corporation, for the uses and purposes therein set forth Chen under my band and.------.--sed thsJ>�'=-__..._....day of...jsSrff.V.r..f..!_.__..__..._ IDB0 //�� U. .// 9 My commission esP1ma.V.L1a[.f6w:G_cY�._�.._._... H sari P tls SKLD LG SKL10422 WE 1647148-1981.003 1'tat (� �' Q nelocl... �l-Vc�`� Recorded at__ JIM 905 1826951 gee Reception ',o VJald�(a.ua4y.-Ca(orcdG 8-I RECORDER'S STAMP THIS DEED.Made this 26th day of May 19 80,bete-ea C. 0 C N 573 t: .r GRESLEY SAND AND GRAVEL COMPANY a ecrpotatinn duly organized and existing under and by virtue of the lam of the State of Colorado of the first part, and COWAN CONCRETE PRODUCTS, INC. a corporation duly organized and mining under and by virtue of the laws of tho State of Colorado second part; ohoselegal address is 625 — 3rd Street, P. O. Box 1647, Greeley, Colorado 80632 WITVESSETD, net the said party of the lint part, for and in consideration of the mum of , of the TEN ($10.00) DOLLARS AND OTHER VALUABLE CONSIDERATIONS to the raid party of the Ent part In hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, bath granted, bargained, cold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the said party of the second part, its successors and assigns forever, all the following described tracts or panes of land, situate, lying and being in the County of {Veld and State of Colorado, to wit: PARCEL I II I The Northeast Quarter and all that part of the East Half of the Northwest Quarter, the South- west Quarter of the Northwest Quarter, the Northeast Quarter of the Southwest Quarter and the North Half of the Southeast Quartet of Section 35, and the Southeast Quarter of the Northeast Quarter of Section 34, lying North of the right-of-way of the Colorado and Southern Railway, all in Township 6 North, Range 66 West of the 6th P.N., County of Weld, State of Colorado, Except those rights -of - way conveyed to Weld County by deeds recorded in Book 76. at Page 472, Book 130 at Page 80 and Book 961 at Page 96; and Except that parcel sold to Great Western Sugar Company by deed recorded in Book 201 at Pages 219 and 220, Weld County Records, Except those parcels of land previously conveyed by instruments recorded June 17, 1970 in Book 627 under Reception No. 1549428, April 19, 1976 in Book 764 under Reception No. 1686326, January 15, 1974 in Book 706 under Reception No. 1628269, Weld County Records, and October 11, 1978 in Book 847 under Reception No. 1769344. PARCEL II A tract of land situate in the Northwest Quarter of the Northwest Quarter(NW'SN'Wlr) of Section Thirty -Five (35). Township Six (6) North, Range Sixty -Six (66) West of the 6th P.M., Weld County, Colorado, which considering the North line of said Northwest Quarter (NWA) as bearing due East and West and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point on the West line of said Northwest Quarter (NW%) said point bearing South 00' 28'30" West 239.28 feet from the Northwest corner of said Northwest Quarter (NW) and run thence South 00°28'30" West 1086.10 feet to the Southwest corner of the Northwest Quarter of said Northwest Quarter (NW1011 ): thence North 89°46' East 1389.12 feet along the South line of the Northwest Quarter of said Northwest Quarter (BABA) to the Southeast corner of the Northwest Quarter of said Northwest Quarter (NWWW%); thence North 00°19' East 1319.63 feet along the East line of the Northwest Quarter (NW%) of said Northwest Quarter (NWt) to the Northeast corner of the Northwest Quarter of said North- west Quarter (NW1010%); thence West 347.37 feet along the North line of said Northwest Quarter (NW%), thence South 02° 0 991S WARRANTY ofla—Cemeauoe Y Cwperatlea —Bradford Petunias Co 11121 -se swat sawn Borer. Colorado -5-77 SKLD LG SKL10422 WE 1826951-1980.001 , cP 9n5 1826951 J- 2 • 49'30" West 232.07 feet; thence South 75°08' West 169.68 feet; thence South 89°22' West 39.57 feet; thence South 69' 36'40" West 368.11 feet; thence North 69°25' West 87.55 feet; thence North 60°19' West 194.78 feet; thence Nord. 70°16' West 76.10 feet; thence North 85°42' West 157,58 feet to the true point of beginning. alsuknnwmasstrrttandnamber vacant land - 925 North 35th Avenue TOGETHER vrith all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining. and the reversion and recessions, remainder and reminders, rents, issues and profits thereof; and all the estate, right. title. interest, claim and demand whatsoever of the sold party of the first part, either in law or equity. or, In and to the above bargained premises, with the hertditamenta and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances unto the nid party of the second pan, its successors and assigns, forever. And the said GREELEY SAND AND GRAVEL COMPANY party of the first part, for itself, its sncceasen and assigns. doth covenant, grunt, bargain and epee to and with the said party of the second part, its successors and assigns, that at the time of the meeating and delivery of these presents it is well seized of the premises conveyed, as of good, sum, perfect, absolute and indefeasible estate of inheritance, is law, In fee simple, and bath good right, foil power and lawful authority to grant, bargain, sell and coaaey the same in manner and form aforesaid, and that the same are free and clear from all former and other grant:, bargains, sales, liens, lases. assvanents and encumbrances of whatever kind or nature soarer. EXCEPT taxes for 1980, payable in 1981 and EXCEPT rights -of -way for existing roads and highways and all easements and rights -of -way and mineral leases, reservations, exceptions, covenants and conditions of record. :I and the above bargained premises in the quiet and peaceable possession of the said party of the second part, its I1 successors and assign against all and every person or persons lawfully claiming or to claim the whole or any part ti thereof, the said party of the that pert shall and will WARRANT T AND FOREVER DEFEND. I- DI WITNESS WHEREOF, The said party of the that pert bail caused its corporate name to be hereunto ill sabsenbed by its president, and its corporate seal to be hereunto affixed, attested by its ife, the day and year first above written. , Atlej.. ' •= 1 tote'• 1. r [sulk SAND AN4�S �kL?ANr-.- •T ui P _ r �+i• , SKLD LG SKL10422 WE 1826951-1980.002 4- e�905 STATE OF COLORADO, City 6 DENVER �COYOty of }s, 1826951 3 notary public in and for said _ ..... _ .___._._.___—.--..County in the State aforesaid, do hereby certify that.._..RiChard_.Roj eL__._. who are personally known to me to be the same persons whose names are subscribed to the foregoing deed as having executed the same respectively .... and.__.._...__......._.__ secretary of Tbe..._GREEL1... SAND_If2D__GEAVEL_CAMF,'AN.X_..___._._ a corporation, and who ors known to no to be such officers respectively, appeared before me this day in person, and severally acknowledged: That the sent affixed to the foregoing instnnseat is the corporate seal of said corporation; that the same was thereunto affixed by the authority of aid corporation; that said instrument was by like authority subscribed with its corporate name; that the aid.__ _Richard .... .................. -is thepresident of said corporation end the told R. I. Ehrman ___._,._._..._......__.__.__..._.__._is the Secretary thereof; that by the authority of said corporation they respeetis-eV aubsecribed their names thereto a president and secretary, and that they signed. sealed and delivered the said instrument of writing as their free and voluntary act mud deed, and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. Given under say hand and..._...... __...__,..ad this.,...__2,fitb day cot _„ 1'La,}r...._._. My commission expires ____d48tt_54_ 22.._ ..................................... 19.B3 xw.rr loons. SKLD LG SKL10422 WE 1826951-1980.003 AR21?9324 • • • - o o u BARGAIN AND SALE DEED � t) 4 THIS BARGAIN AND SALE DEED is issued this 8th day of a May , 1989. ow 03 0 0: Weld County, Colorado, whose address is P.O. Box 1948, Greeley, (4 .41 Colorado 80632, for the consideration of Ten Dollars ($10), in hand paid, a hereby sells and conveys to Cowan Concrete Products, Inc., a Colorado corporation, whose address is 625 Third Street, Greeley, Colorado 80631, the following real property in the County of Weld and State of Colorado, a o to wit: O d• x w o, wu ri Z • H w Ei o� N 'r7 W m Mw m rZ •JZ CJ O Si ed this 8th day of May ATTEST: """�dlt.(.nJ N PI w Weld Po N o ▪ o Recorde w the Bo By: County Attorney APPROVED TO FORM: A strip of land eighty (80) feet in width lying Immediately North parallel and adjacent to the right of way of Colorado and Southern Railway Company commencing at a point where said right of way intersects the East line of the Southeast quarter of Section Thirty-five (35) Township Six (6) North, of Range Sixty-six (66) West of the Sixth P.M., in Weld County, Colorado, running thence Northwesterly to the West line of the Southeast quarter of the Northeast quarter (SE1/4 NE1/4) of Section Thirty-four (34) Township Six (6) North, of Range Sixty-six (66) West of the Sixth P.M., in Weld County, Colorado, with all its appurtenances. , 1989. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO '4 frog ram SKLD LG SKL10422 WE 2179324-1989.001 • Certificate of Ownership and Merger Merging Western -Mobile Northern, Inc. Into Western Mobile, Inc. • • The First State PAGE 1 I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF MERGER, WHICH MERGES: "WESTERN -MOBILE NORTHERN, INC.", A DELAWARE CORPORATION, WITH AND INTO "WESTERN MOBILE, INC." UNDER THE NAME OF "WESTERN MOBILE, INC.", A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE, AS RECEIVED AND FILED IN THIS OFFICE THE TENTH DAY OF DECEMBER, A.D. 2001, AT 11:49 O'CLOCK A.M. 2099077 8100M Harriet Smith Windsor, Secretary of State AUTHENTICATION: 2088787 020699944 DATE: 11-14-02 • • • STATE OF DELANARE SECRETARY OF STATE DIVISION OF CORPORATIONS FILED 22:49 AM 12/10/2002 010642862 - 2099077 CERTIFICATE OF OWNERSHIP AND MERGER MERGING WESTERN -MOBILE NORTHERN, INC. (a Delaware corporation) INTO WESTERN MOBILE, INC. (a Delaware corporation) Pursuant to Section 253 of the Delaware General Corporation Law WESTERN MOBILE, INC. ("Western"), a corporation organized and existing under the laws of the State of Delaware, does hereby certify that: FIRST: Western was organized pursuant to the provisions of the Delaware General Corporation Law on August 18, 1986.. SECOND: Western owns all of the outstanding shares of the capital stock of Western - Mobile Northern, Inc. ("Northern"), a corporation organized pursuant to the provisions of the Delaware General Corporation Law on May 9, 1989. THIRD: Attached hereto as Exhibit A is a copy of a unanimous written consent of the directors of Western dated November 15, 2001, pursuant to which the board of directors of Western has determined to merge Northern with and into Western in accordance with Section 253 of the Delaware General Corporation Law. FOURTH: Western will survive the merger and its Articles of Incorporation will not be changed or amended as a result of the merger. FIFTH: The merger will become effective on December 31, 2001 at 4:55 p.m. eastern standard time. SIXTH: The executed agreement of merger is on file at Western office located at: 12950 Worldgate Drive, Suite 500 Herndon, Virginia 20170 • TN WITNESS WHEREOF, the undersigned have executed this certificate as of the 15th day of November, 2001. ATTEST: C:__----- Timothy A. Powpe Vice President & Secretary ATTEST: — _ lc Timothy A. Vice President &Secretary • • WESTERN MOBILE, INC. (a Delaware corporation) By: jj.fic.04, bJ� Denise Werntz Vice President & Treasurer WESTERN -MOBILE NORTHERN, INC. (a Delaware corporation) By: k'Ji)W),C, W CA -4K -`l Denise Werntz r " Vice President & Treasurer • EXHIBIT A WESTERN MOBILE, INC. UNANIMOUS WRITTEN CONSENT OF DIRECTORS IN LIEU OF SPECIAL MEETING • • The undersigned, being all the members of the Board of Directors of Western Mobile, Inc., a Delaware corporation (the "Corporation"), and being the only persons who would be entitled to vote upon the following matters at a special meeting of the Board of Directors of the Corporation, hereby waive any and all requirements for calling, giving notice of, and holding a special meeting of the Board of Directors of the Corporation, and, in lieu of a special meeting and pursuant to Section 141(f) of the Delaware General Corporation Law, hereby consent to the adoption of the following resolutions: WHEREAS, Management of the Corporation has proposed that, Western -Mobile Northern, Inc.. ("Northern") be merged with and into the Corporation; and WHEREAS, this Board of Directors deems it advisable and in the best interests of the Corporation and its stockholder to approve the merger of Northern with and into the Corporation in accordance with the laws of the State of Delaware, the Corporation's and Northern's jurisdiction of incorporation, and to authorize the proper officers of the Corporation to take such actions as may be necessary to permit the Corporation to effect the merger; NOW, THEREFORE, BE IT RESOLVED, that the merger of Northern with and into the Corporation in accordance with Section 253 of the Delaware General Corporation Law is hereby approved in all respects; and RESOLVED FURTHER, that, upon effectiveness of the merger of Northern with and into the Corporation, each issued and outstanding share of the capital stock of Northern shall, without further act, be canceled. RESOLVED FURTHER, that the President, any Vice President or Secretary of the Corporation (the "Designated Officers"), and each of them, acting in conjunction with the proper officers of Northern to the extent appropriate, are hereby authorized, in the name and on behalf of the Corporation, to prepare, execute and file, or cause to be prepared, executed and filed, with the appropriate officials of the State of Delaware, a Certificate of Ownership and Merger setting forth the terms of the merger with and into the Corporation, in accordance with Section 253 of the Delaware General Corporation Law. RESOLVED FURTHER, that the proper officers of the Corporation are hereby authorized and instructed to take such actions, in the name and on behalf of the Corporation, as may be necessary or • RESOLVED FURTPIER, that the proper officers of the Corporation, and each of them, are hereby authorized to take any end all actions and to execute, deliver and file, or cause to be executed, delivered and filed any and all agreements, certificates, letters, documents, consents, notices or other writings that such officers may deem necessary, appropriate or desirable, acting upon the advice of counsel where appropriate, to effect the merger of Northern with and into the Corporation and to otherwise accomplish the purposes and carry out the intent of the foregoing resolutions. EN WITNESS WHEREOF, the undersigned have executed this consent as of the 15th day of November, 2001. Ray Arnold Timothy A. Pow • • • Application for Amended Authority indicating that Western Mobile, Inc. changed its name to Lafarge West, Inc. • • Secretary of State Corporations Section Please include a typed ,yG self-addressed envelope NAM" MUST BE TYPED �ANGti FILING FEE: $25.07 MUST SUBMIT TWO COPIES For office use only 012 aAWFrrvv . cae 4f g M $ 25.00 SECRETARY OF STATE n• APPUCATION FOR AMENDED AUTHORITY Fie. !94'7/698/.z. Pursuant to the provisions of the Colorado Business Corporation Act, the undersigned corporation hereby applies for an Amended Authority and states: FIRST: The name of the corporation Is: Weetarnarabile, mu. ,7{1'n? SECOND: If the corporate name was not available, the assumed name of the corporation is: THIRD: • x (Check If Applicable) The corporate name of the corporation has become available in Colorado and the corporation desires to amend its Authority to reflect the corporate name on the records of the Secretary of State. The corporation has amended the period of duration in its Articles of Incorporation to The corporation has changed its name to Lafarge West, Inc. The name which it elects to use in Colorado is: (If its corporate name is not available for use In Colorado) The corporation has redomesticated from to FOURTH: This application Is accompanied by a Certificate of Fact, duly authenticated by the proper officer in the state or country of incorporation (or redomestication as the case may be) certifying the statements) made above. Lafarge West, Inc. Name of Corpo tion Signature \l ��.. 2� Title Vice President & Secretary. • Revised 7 EXHIBIT 0 • Owner of Record There is owner of record associated with this permit application. The owner is Lafarge West, Inc., a Delaware Corporation. Attached are copies of the title commitments for the Lafarge Brown property and the existing Greeley 35th Avenue Mine site. Both title commitments show that the property is owned by Western —Mobile Northern, Inc. Therefore, we have also attached the following two documents: • Certificate of Ownership and Merger Merging Western -Mobile Northern, Inc. into Western Mobile, Inc. • Application for Amended Authority indicating that Western Mobile, Inc. changed its name to Lafarge West, Inc. • • Greeley 35`h Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page O1 of O1 • Title Commitment for: Lafarge Brown Property • • Land Title Guarantee Company CUSTOMER DISTRIBUTION Date: 07-01-2008 Our Order Number: FCC25083078 Property Address: VACANT LAND GREELEY CO 80631 LAFARGE NORTH AMERICAN INC 11409 BUSINESS PARK CIR #200 LONGMONT, CO 80504 Ann: ANNE JOHNSON Phone: 303-684-2307 Fax: 303-684-2327 Copies: 1 EMail: anne.johnson@lafarge-na.com Sent Via EMail If you have any inquiries or require further assistance, please contact Final Policy Department Phone: 970-282-3649 Fax: 970-282-3652 Form DELIVERY. LP LTG Policy No. LTAQ25083078 Form PIB/ORT PROPERTY INFORMATION BINDER Our Order No. FCC25083078 Liability: $50,000.00 Fee: $500.00 Subject to the exclusions from coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Binder, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY a Corporation, herein called the Company, GUARANTEES LAFARGE CORPORATION herein called the Assured, against loss, not exceeding the liability amount stated above, which the assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records as of June 18, 2008 at 5:00 P.M. 1. Title to said estate or interest at the date hereof is vested in: WESTERN MOBILE NORTHERN, INC. DBA LAFARGE -NORTHERN, A DELAWARE CORPORATION 2. The estate or interest in the land hereinafter described or referred to covered by this Binder is: A Fee Simple Land Title Guarantee Company Representing Old Republic National Title Insurance Company LTG Policy No. LTAQ25083078 Form PIB/ORT Our Order No. FCC25083078 3. The land referred to in this Binder is situated in the State of Colorado, County of WELD described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION 4. The following documents affect the land: NOTE: THIS BINDER DOES NOT REFLECT THE STATUS OF TITLE TO WATER RIGHTS OR REPRESENTATION OF SAID RIGHTS, RECORDED OR NOT. NOTE: THIS BINDER IS NOT A REPORT OR REPRESENTATION AS TO MINERAL INTERESTS, AND SHOULD NOT BE USED, OR RELIED UPON, IN CONNECTION WITH THE NOTICE REQUIREMENTS THAT ARE SET FORTH IN CRS 24-65.5-103. NOTE: ADDITIONAL UPDATES TO THE EFFECTIVE DATE OF THE BINDER MAY BE REQUESTED BY THE PROPOSED INSURED. ONE UPDATE IS INCLUDED WITH THIS BINDER AT NO ADDITIONAL COST. ANY ADDITIONAL UPDATES WILL BE ISSUED AT THE COST OF $125 PER UPDATE. FOR EACH UPDATE PROVIDED, A REVISED BINDER WILL BE ISSUED SHOWING A NEW EFFECTIVE DATE AND ANY MATTERS RECORDED SINCE THE EFFECTIVE DATE OF THE PREVIOUS BINDER. 1. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 12, 1884, IN BOOK 34 AT PAGE 191. Land Title Guarantee Company Representing Old Republic National Title Insurance Company LTG Policy No. LTAQ25083078 Form PIB/ORT Our Order No. FCC25083078 4. The following documents affect the land: (continued) 2. OIL, GAS AND MINERAL LEASE BETWEEN HENRY I. BROWN AND DOROTHY W. BROWN AND AMOCO PRODUCTION COMPANY, RECORDED FEBRUARY 8, 1977 UNDER RECEPTION NO. 1710735 IN BOOK 789 3. OIL AND GAS LEASE BETWEEN HENRY I. BROWN AND SULPHER RIVER EXPLORATION, INC., RECORDED JULY 10, 1981 UNDER RECEPTION NO. 1863034 IN BOOK 941 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. 4. ANY LOSS OR DAMAGE DUE TO THE FENCE LINES ALONG THE EAST AND SOUTH PROPERTY LINE DO NOT COINCIDE WITH THE PROPERTY LINES AS SET FORTH ON SURVEY NO. 99230, DATED SEPTEMBER 8, 1999 BY KING SURVEYORS, INC. LTG Policy No. LTAQ25083078 Our Order No. FCC25083078 EXHIBIT "A" LEGAL DESCRIPTION A PARCEL OF LAND BEING PART OF THE NE 1/4 OF THE NE 1/4 OF SECTION 34, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NE CORNER OF SAID SECTION 34 AND ASSUMING THE NORTH LINE OF THE NE 1/4 OF SAID SECTION 34 AS BEARING S 89 DEGREES 42' 46" W A DISTANCE OF 2648.69 FEET WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE S 00 DEGREES 12' 48" E ALONG THE EAST LINE OF SAID NE 1/4 OF THE NE 1/4 A DISTANCE OF 301.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING S 00 DEGREES 12' 48" E ALONG SAID EAST LINE A DISTANCE OF 1051.03 FEET TO THE SE CORNER OF SAID NE 1/4 OF THE NE 1/4; THENCE S 89 DEGREES 48' 39" W ALONG THE SOUTH LINE OF SAID NE 1/4 OF THE NE 1/4 A DISTANCE OF 1073.49 FEET; THENCE N 11 DEGREES 56' 45" E A DISTANCE OF 43.21 FEET; THENCE N 28 DEGREES 45' 57" E A DISTANCE OF 214.49 FEET; THENCE N 46 DEGREES 55' 42" E A DISTANCE OF 417.16 FEET; THENCE N 33 DEGREES 40' 05" E A DISTANCE OF 514.15 FEET; THENCE N 60 DEGREES 29' 56" E A DISTANCE OF 197.58 FEET; THENCE N 83 DEGREES 59' 19" E A DISTANCE OF 171.21 FEET; THENCE S 81 DEGREES 36' 09" E A DISTANCE OF 25.67 FEET TO THE TRUE POINT OF BEGINNING. • • • Property Information Binder CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this Binder mean: (a) "Land": The land described, specifically or by reference, in this Binder and improvements affixed thereto which by law constitute real property; (b) "Public Records"; those records which impart constructive notice of matters relating to said land; (c) "Date": the effective date; (d) "the Assured": the party or parties named as the Assured in this Binder, or in a supplemental writing executed by the Company; (e) "the Company" means Old Republic National Title Insurance Company, a Minnesota stock company. 2. Exclusions from Coverage of this Binder The company assumes no liability including cost of defense by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. (b) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. (c) Title to any property beyond the lines of the Land, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) Mechanic's lien(s), judgment(s) or other lien(s). (e) Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered or agreed to by the Assured; (b) not known to the Company, not recorded in the Public Records as of the Date, but known to the Assured as of the Date; or (c) attaching or creating subsequent to the Date. 3. Prosecution of Actions (a) The Company shall have the right at its own costs to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein assured; and the Company may take any appropriate action under the terms of this Binder, whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. (b) In all cases where the Company does not institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured for this purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured for any expense so incurred. 4. Notice of Loss - Limitation of Action A statement in writing of any loss or damage for which it is claimed the Company is liabile under this Binder shall be furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Binder until thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Binder unless action shall be commenced thereon with two years after expiration of the thirty day period. Failure to furnish the statement of loss or damage or to commence the action within the time herinbefore specified, shall be conclusive bar against maintenance by the Assured of any action under this Binder. 5. Option to Pay, Settle or Compromise Claims The Company shall have the option to pay, settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Binder, or to pay the full amount of this Binder. Such payment or tender of payment of the full amount of the Binder shall terminate all liability of the Company hereunder. PIB.ORT Cover Page 1 of 2 • 6. Limitation of Liability - Payment of Loss (a) The liability of the Company under this Binder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall the liabiity exceed the amount of the liability stated on the face page hereof. (b) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorney's fees in litigation carried on by the Assured with the written authorization of the Company. (c) No claim for loss or damages shall arise or be maintainable under this Binder (1) if the Company after having received notice of any alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without written consent of the Company. (d) All payments under this Binder, except for attorney's fees as provided for in paragraph 6(b) thereof, shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Binder or an acceptable copy thereof for endorsement of the payment unless the Binder be lost or destroyed, in which case proof of the loss or destruction shall be furnished to the satisfaction of the Company. (e) When liability has been definitely fixed in accordance with the conditions of this Binder, the loss or damage shall be payable within thirty days thereafter. 7. Subrogation Upon Payment or Settlement Whenever the Company shall have settled a claim under this Binder, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Binder not been issued. If the payment does not cover the loss of the Assured, the Company shall be subrogated to the rights and remedies in the proportion which the payment bears to the amount of said loss. The Assured, if requested by the Company, shall transfer to the Company all rights and remedies against any person or proprty necesary in order to perfect the right of subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation involving the rights or remedies. • • 8. Binder Entire Contract Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Binder. No provision or condition of this Binder can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 9. Notices. Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111. 10. Arbitration Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Issued through the Office of: LAND TITLE GUARANTEE COMPANY 772 WHALERS WAY 4100 FORT COLLINS, CO 80525 9)0282-3649 Jkounkvit Authorized Signature PIB.ORT Cover Page 2 of 2 tk Lax - tio-4 • Title Commitment for: Existing Greeley 35th Avenue Mine Property • Land Title Guarantee Company CUSTOMER DISTRIBUTION Date: 07-01-2009 Property Address: VACANT GREELEY CO 80634 TETRA TECH RMC INC 1900 S SUNSET ST #IF LONGMONT, CO 80501 Ann: PAM HORA Phone: 303-772-5282 Fax: 303-665-6959 Copies: 1 EMail: pam.hora@tetratech.com Linked Commitment Delivery Our Order Number: FCC25088534*2 LAFARGE NORTH AMERICAN INC 11409 BUSINESS PARK CIR #200 LONGMONT, CO 80504 Attn: ANNE JOHNSON Phone: 303-684-2307 Fax: 303-684-2327 Copies: 1 EMail: anne.johnson@lafarge-na.com Linked Commitment Delivery If you have any inquiries or require further assistance, please contact Phone: 970-282-3649 Form DELIVERY. LP Fax: 970-282-3652 Final Policy Department LTG Policy No. LTAQ25088534*2 Form PIB/ORT PROPERTY INFORMATION BINDER This Policy is issued in lieu of Policy No. LTAQ25088534*1 which is(are) hereby cancelled. Our Order No. FCC25088534*2 Liability: $50,000.00 Fee: $0.00 Subject to the exclusions from coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Binder, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY a Corporation, herein called the Company, GUARANTEES TETRA TECH RMC INC AND LAFARGE CORPORATION herein called the Assured, against loss, not exceeding the liability amount stated above, which the assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records as of March 20, 2009 at 5:00 P.M. 1. Tide to said estate or interest at the date hereof is vested in: SEE ATTACHED 2. The estate or interest in the land hereinafter described or referred to covered by this Binder is: A Fee Simple Land Tide Guarantee Company Representing Old Republic National Tide Insurance Company Our Order No. FCC25088534*2 Title to the estate or interest covered by this policy at the date hereof is vested in: LAFARGE WEST, INC., A DELAWARE CORPORATION FORMALLY KNOWN AS WESTERN -MOBILE, INC., A DELAWARE CORPORATION SUCCESSOR BY MERGER WITH WESTERN -MOBILE NORTHERN, INC., A DELAWARE CORPORATION SUCCESSOR BY MERGER WITH COWAN CONCRETE PRODUCTS, INC., A COLORADO CORPORATION AS TO PARCEL 1 AND LAFARGE WEST, INC., A DELAWARE CORPORATION FORMALLY KNOWN AS WESTERN -MOBILE, INC., A DELAWARE CORPORATION SUCCESSOR BY MERGER WITH WESTERN MOBILE NORTHERN, INC., A DELAWARE CORPORATION AS TO PARCEL 2 LTG Policy No. LTAQ25088534*2 Form PIB/ORT Our Order No. FCC25088534*2 3. The land referred to in this Binder is situated in the State of Colorado, County of WELD described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION 4. The following documents affect the land: NOTE: THE COMMITMENT DOES NOT REFLECT THE STATUS OF TITLE TO WATER RIGHTS OR REPRESENTATION OF SAID RIGHTS. NOTE: THIS COMMITMENT IS NOT A REPORT OR REPRESENTATION AS TO MINERAL INTERESTS, AND SHOULD NOT BE USED, OR RELIED UPON, IN CONNECTION WITH THE NOTICE REQUIREMENTS THAT ARE SET FORTH IN CRS 24-65.5-103. NOTE: ADDITIONAL UPDATES TO THE EFFECTIVE DATE OF THE BINDER MAY BE REQUESTED BY THE PROPOSED INSURED. ONE UPDATE IS INCLUDED WITH THIS BINDER AT NO ADDITIONAL COST. ANY ADDITIONAL UPDATES WILL BE ISSUED AT THE COST OF $125 PER UPDATE. FOR EACH UPDATE PROVIDED, A REVISED BINDER WILL BE ISSUED SHOWING A NEW EFFECTIVE DATE AND ANY MATTERS RECORDED SINCE THE EFFECTIVE DATE OF THE PREVIOUS BINDER. 1. RESERVATION BY THE UNION CENTRAL LIFE INSURANCE COMPANY, ITS SUCCESSORS AND/OR ASSIGNS, OF UNDIVIDED ONE-HALF OF THE OIL, GAS AND OTHER HYDROCARBONS AND MINERALS NOW OR AT ANY TIME HEREAFTER SITUATE THEREIN AND THEREUNDER, TOGETHER WITH ALL EASEMENTS AND RIGHTS NECESSARY OR CONVENIENT FOR THE PRODUCTION, STORAGE AND TRANSPORTATION THEREOF AND THE EXPLORATION Land Title Guarantee Company Representing Old Republic National Tide Insurance Company LTG Policy No. LTAQ25088534*2 Form PIB/ORT Our Order No. FCC25088534*2 4. The following documents affect the land: (continued) AND TESTING OF THE SAID REAL PROPERTY AND ALSO THE RIGHT TO DRILL FOR, PRODUCE AND USE WATER FROM THE SAID REAL PROPERTY IN CONNECTION WITH DRILLING OR MINING OPERATIONS THEREON, AS CONTAINED IN DEED RECORDED NOVEMBER 22, 1957 IN BOOK 1215 AT PAGE 428. 2. RESERVATION BY LILY E. WIDNEY AND SAM E. WIDNEY OF AN UNDIVIDED ONE-HALF INTEREST IN AND TO ALL OF THE REMAINING INTEREST IN SAID OIL, GAS, CASINGHEAD GAS, COAL AND OTHER MINERALS, EITHER SIMILAR OR DISSIMILAR, IN, UNDER AND UPON SAID LANDS, AS CONTAINED IN DEED RECORDED APRIL 7, 1952 IN BOOK 1328 AT PAGE 258. 3. AGREEMENT BETWEEN ADJOINING OWNERS FOR DITCH AND RIGHT OF WAY WITH RIGHT TO USE WATER AND TO KEEP SAID DITCH RIGHT OF WAY IN REPAIR BETWEN THEODORE PUTNAM AND MARGARET A. PUTNAM AND C. MERLE KETLER AND EVA M. KETLER, AND JOHN C. MCKAY AND BERTHA A. MCKAY DUVALL AND JOSEPHINE DUVALL, RECORDED MAY 16, 1956 IN BOOK 1450 AT PAGE 568. 4. CORRECTED OIL AND GAS LEASE DATED DECEMBER 2, 1975, EXECUTED BY THE UNION CENTRAL LIFE INSURANCE COMPANY, AS LESSOR, AND TRANSCONTINENT OIL COMPANY, AS LESSEE, RECORDED MARCH 4, 1976 IN BOOK 761 UNDER RECEPTION NO. 1682692, FOR A PRIMARY TERM OF 5 YEARS AND AS LONG THEREAFTER AS OIL, GAS, OTHER HYDROCARBONS OR OTHER MINERAL IS PRODUCED FROM SAID LAND HEREUNDER, OR DRILLING OR REWORKING OPERATIONS ARE CONDUCTED THEREON. 5. OIL AND GAS LEASE BETWEEN COWAN CONCRETE PRODUCTS, INC., A COLORADO CORPORATION AND H. L. WILLETT, RECORDED OCTOBER 15, 1982 UNDER RECEPTION NO. 01906472 IN BOOK 979 FOR A PRIMARY TERM OF 3 YEARS AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. 6. EASEMENT AND RIGHT OF WAY FOR PIPELINE RIGHT OF WAY AGREEMENT PURPOSES GRANTED TO BELLWETHER EXPLORATION COMPANY IN INSTRUMENT RECORDED JANUARY 31, 1984 UNDER RECEPTION NO. 01954669 IN BOOK 1019 7. EASEMENT AND RIGHT OF WAY FOR PIPELINE RIGHT OF WAY AGREEMENT PURPOSES GRANTED TO BELLWETHER EXPLORATION COMPANY IN INSTRUMENT RECORDED MAY 09, 1985 UNDER RECEPTION NO. 02009089 IN BOOK 1068 8. THE EFFECT OF RESOLUTION AND MAP REGARDING THE "AGRICULTURAL UNIT DEVELOPMENT PLAN", RECORDED OCTOBER 8, 1981 UNDER RECEPTION NO. 1871313 IN BOOK 949. LTG Policy No. LTAQ25088534*2 Form PIB/ORT Our Order No. FCC25088534*2 4. The following documents affect the land: (continued) 9. TERMS, CONDITIONS AND PROVISIONS OF APPLICATION FOR CHANGE OF CLASS D ALLOTMENT CONTRACT RECORDED JUNE 21, 1980 UNDER RECEPTION NO. 1830634 IN BOOK 909 10. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, AS CONTAINED IN INSTRUMENT RECORDED JUNE 17, 1970, UNDER RECEPTION NO. 1549428 IN BOOK 627 11. AN UNDIVIDED ONE-HALF INTEREST IN AND TO THE MINERALS AS CONVEYED TO EDWARD V. O'KEEFE IN DEED RECORDED SEPTEMBER 22, 1951 IN BOOK 1312 AT PAGE 289. 12. AN UNDIVIDED ONE -QUARTER INTEREST IN AND TO ALL OIL, GAS AND OTHER MINERALS AS RESERVED BY RICHARD SMOCK AND DOROTHY SMOCK IN WARRANTY DEED RECORDED OCTOBER 1, 1954 IN BOOK 1401 AT PAGE 36. THE OWNERS OF THE MINERAL INTERESTS RECITED ABOVE IN EXCEPTIONS 19 AND 20 CONVEYED TO THE SURFACE AND ONE -QUARTER MINERAL INTEREST PREDECESSOR IN TITLE THE FOLLOWING: SAND AND GRAVEL IN PLACE, SPECIFICALLY RETAINING ALL OIL, GAS AND OTHER MINERALS, EXCEPT SAND AND GRAVEL; AS CONVEYED IN QUIT CLAIM DEEDS RECORDED JANUARY 23, 1964 IN BOOK 505 UNDER RECEPTION NOS. 1427086 AND 1427087. 13. ANY RIGHTS, INTERESTS OR EASEMENTS IN FAVOR OF THE UNITED STATES, THE STATE OF COLORADO OR THE PUBLIC, WHICH EXISTS OR ARE CLAIMED TO EXIST IN AND OVER THE PRESENT AND PAST BED, BANKS OR WATERS OF THE CACHE LA POUDRE RIVER. 14. ANY INCREASE OR DECREASE IN THE AREA OF THE LAND AND ANY ADVERSE CLAIM TO ANY PORTION OF THE LAND WHICH HAS BEEN CREATED BY OR CAUSED BY ACCRETION OR RELICTION, WHETHER NATURAL OR ARTIFICIAL; AND THE EFFECT OF GAIN OR LOSS OF AREA BY ACCRETION OR RELICTION UPON THE MARKETABILITY OF THE TITLE OF THE LAND. 15. ANY POSSIBLE WATER ENCROACHMENTS OR SEEPAGE DAMAGE OR OTHER MATTERS ARISING OUT OF THE FACT THAT THE SUBJECT PROPERTY IS BOUNDED BY WATER. • 16. ALL NOTES, EASEMENTS AND RIGHTS OF WAY AS SHOWN ON AMENDED USR-247 MAP RECORDED DECEMBER 28, 1987 UNDER RECEPTION NO. 2126022 IN BOOK 1181. LTG Policy No. LTAQ25088534*2 • Form PIB/ORT 4. The following documents affect the land: (continued) 17. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT RECORDED SEPTEMBER 30, 1997 AT RECEPTION NO. 2571593 Our Order No. FCC25088534*2 18. MATTERS AS SET FORTH ON SURVEY RECORDED AUGUST 5, 1998 AT RECEPTION NO. 2630925. 19. TERMS, CONDITIONS AND PROVISIONS OF CONTRACT RECORDED APRIL 27, 1992 AT RECEPTION NO. 2285731. 20. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 17, 1894, IN BOOK 34 AT PAGE 191. 21. OIL, GAS AND MINERAL LEASE BETWEEN HENRY I. BROWN AND DOROTHY W. BROWN AND AMOCO PRODUCTION COMPANY, RECORDED FEBRUARY 8, 1977 UNDER RECEPTION NO. 1710735 IN BOOK 789 22. OIL AND GAS LEASE BETWEEN HENRY I. BROWN AND SULPHER RIVER EXPLORATION, INC., RECORDED JULY 10, 1981 UNDER RECEPTION NO. 1863034 IN BOOK 941 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. 23. RIGHT OF WAY EASEMENT AS GRANTED TO DUKE ENERGY FIELD SERVICES IN INSTRUMENT RECORDED OCTOBER 18, 2005, UNDER RECEPTION NO. 3332466. 24. TERMS, CONDITIONS AND PROVISIONS OF CONSENT RECORDED MARCH 31, 2006 AT RECEPTION NO. 3375543. 25. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM RECORDED JUNE 23, 2006 AT RECEPTION NO. 3398377. 26. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM RECORDED JUNE 23, 2006 AT RECEPTION NO. 3398378. 27. EXISTING LEASES AND TENANCIES, IF ANY. LTG Policy No. LTAQ25088534*2 Our Order No. FCC25088534*2 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1: LOTS A AND B, RECORDED EXEMPTION NO. 0805 -35 -1 -RE 2056, ACCORDING TO PLAT RECORDED SEPTEMBER 30, 1997 AT RECEPTION NO. 2571593, BEING LOCATED IN SECTIONS 34 AND 35, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. BEING DESCRIBED AS: A TRACT OF LAND LOCATED IN SECTIONS 34 AND 35, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 35 AND CONSIDERING THE EAST LINE OF SAID NORTHEAST QUARTER TO BEAR SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST WITH ALL BEARINGS HEREIN RELATIVE THERETO: THENCE SOUTH 00 DEGREES 00 SECONDS 00 SECONDS EAST, 513.13 FEET TO THE SOUTHEAST CORNER OF A PARCEL OF LAND DESCRIBED OCTOBER 11, 1978 IN BOOK 847 UNDER RECEPTION NO. 1769344 OF WELD COUNTY RECORDS; THENCE ALONG THE SOUTH LINE OF SAID PARCEL NORTH 69 DEGREES 24 MINUTES 50 SECONDS WEST, 53.41 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF WELD COUNTY ROAD 35 AS RECORDED NOVEMBER 27, 1978 IN BOOK 852 UNDER RECEPTION NO. 1773926 ALSO BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID WEST RIGHT OF WAY LINE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, 2387.68 FEET; THENCE NORTH 87 DEGREES 57 MINUTES 44 SECONDS EAST, 20.02 FEET TO A POINT ON THE WEST RIGHT OF WAY OF WELD COUNTY ROAD 35; THENCE ALONG SAID WEST RIGHT OF WAY SOUTH 00 DEGREES 00 MINUTES 04 SECONDS WEST, 804.64 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF THE COLORADO AND SOUTHERN RAILWAY; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 73 DEGREES 53 MINUTES 43 SECONDS WEST, 7019.20 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34, THENCE ALONG SAID WEST LINE OF SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34 NORTH 00 DEGREES 22 MINUTES 53 SECONDS WEST 293.28 FEET TO THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE NORTH 89 DEGREES 41 MINUTES 53 SECONDS EAST, 1323.38 FEET TO THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34; THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 35 NORTH 00 DEGREES 20 SECONDS 14 SECONDS WEST, 1113.20 FEET TO A POINT ON THE SOUTH LINE LTG Policy No. LTAQ25088534*2 Our Order No. FCC25088534*2 EXHIBIT "A" LEGAL DESCRIPTION OF A PARCEL OF LAND DESCRIBED JANUARY 3, 1980 IN BOOK 891, UNDER RECEPTION NO. 1813358 OF THE WELD COUNTY RECORDS; THENCE ALONG THE BOUNDARY OF SAID PARCEL BY THE FOLLOWING NINE COURSES: 1. SOUTH 86 DEGREES 15 MINUTES 20 SECONDS EAST, 2. SOUTH 70 DEGREES 50 MINUTES 33 SECONDS EAST, 3. SOUTH 60 DEGREES 53 MINUTES 33 SECONDS EAST, 4. SOUTH 60 DEGREES 53 MINUTES 33 SECONDS EAST, 5. SOUTH 69 DEGREES 59 MINUTES 33 SECONDS EAST, 6. NORTH 69 DEGREES 02 MINUTES 07 SECONDS EAST, 7. NORTH 88 DEGREES 47 MINUTES 27 SECONDS EAST, 8. NORTH 74 DEGREES 33 MINUTES 27 SECONDS EAST, 9. NORTH 02 DEGREES 14 MINUTES 57 SECONDS EAST, NORTH LINE OF SAID SECTION 35; 156.61 FEET; 76.10 FEET, 159.61 FEET, 35.17 FEET, 87.55 FEET, 368.11 FEET, 39.57 FEET, 169.68 FEET, 232.07 FEET TO A POINT ON THE THENCE ALONG SAID NORTH LINE OF SECTION 35 NORTH 89 DEGREES 25 MINUTES 27 SECONDS EAST, 2458.79 FEET TO THE NORTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN BOOK 847, UNDER RECEPTION NO. 1769344 OF THE WELD COUNTY RECORDS; THENCE ALONG THE BOUNDARY OF SAID PARCEL BY THE FOLLOWING THREE COURSES: 1. SOUTH 73 DEGREES 37 MINUTES 07 SECONDS EAST, 431.59 FEET, 2. SOUTH 86 DEGREES 27 MINUTES 15 SECONDS EAST, 672.24 FEET, 3. SOUTH 69 DEGREES 24 MINUTES 50 MINUTES EAST, 885.39 FEET TO THE POINT OF BEGINNING AND PARCEL 2: A PARCEL OF LAND BEING PART OF THE NE 1/4 OF THE NE 1/4 OF SECTION 34, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NE CORNER OF SAID SECTION 34 AND ASSUMING THE NORTH LINE OF THE NE 1/4 OF SAID SECTION 34 AS BEARING S 89 DEGREES 42' 46" W A DISTANCE OF 2648.69 FEET WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE S 00 DEGREES 12' 48" E ALONG THE EAST LINE OF SAID NE 1/4 OF THE NE 1/4 A DISTANCE OF 301.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING S 00 DEGREES 12' 48" E ALONG SAID EAST LINE A DISTANCE OF 1051.03 FEET TO THE SE CORNER OF SAID NE 1/4 OF THE NE 1/4; THENCE S 89 DEGREES 48' 39" W ALONG THE SOUTH LINE OF SAID NE 1/4 OF THE NE 1/4 A DISTANCE OF 1073.49 FEET; THENCE N 11 DEGREES 56' 45" E A DISTANCE OF 43.21 FEET; THENCE N 28 DEGREES 45' 57" E A DISTANCE OF 214.49 FEET; THENCE N 46 DEGREES 55' 42" E A DISTANCE OF 417.16 FEET; THENCE N 33 DEGREES 40' 05" E A DISTANCE OF 514.15 FEET; THENCE N 60 DEGREES 29' 56" E A DISTANCE OF 197.58 FEET; THENCE N 83 DEGREES 59' 19" E A DISTANCE OF 171.21 FEET; THENCE S 81 DEGREES 36' 09" E A DISTANCE OF 25.67 FEET TO THE TRUE POINT OF BEGINNING. • • • Property Information Binder CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this Binder mean: (a) "Land": The land described, specifically or by reference, in this Binder and improvements affixed thereto which by law constitute real property; (b) "Public Records"; those records which impart constructive notice of matters relating to said land; (c) "Date": the effective date; (d) "the Assured": the party or parties named as the Assured in this Binder, or in a supplemental writing executed by the Company; (e) "the Company" means Old Republic National Title Insurance Company, a Minnesota stock company. 2. Exclusions from Coverage of this Binder The company assumes no liability including cost of defense by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. (b) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. (c) Title to any property beyond the lines of the Land, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) Mechanic's lien(s), judgment(s) or other lien(s). (e) Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered or agreed to by the Assured; (b) not known to the Company, not recorded in the Public Records as of the Date, but known to the Assured as of the Date; or (c) attaching or creating subsequent to the Date. 3. Prosecution of Actions (a) The Company shall have the right at its own costs to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein assured; and the Company may take any appropriate action under the terms of this Binder, whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. (b) In all cases where the Company does not institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured for this purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured for any expense so incurred. 4. Notice of Loss - Limitation of Action A statement in writing of any loss or damage for which it is claimed the Company is liable under this Binder shall be furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Binder until thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Binder unless action shall be commenced thereon with two years after expiration of the thirty day period. Failure to furnish the statement of loss or damage or to commence the action within the time herinbefore specified, shall be conclusive bar against maintenance by the Assured of any action under this Binder. 5. Option to Pay, Settle or Compromise Claims The Company shall have the option to pay, settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Binder, or to pay the full amount of this Binder. Such payment or tender of payment of the full amount of the Binder shall terminate all liability of the Company hereunder. PIBART Cover Page 1 of 2 • 6. Limitation of Liability - Payment of Loss (a) The liability of the Company under this Binder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall the liabiity exceed the amount of the liability stated on the face page hereof. (b) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorney's fees in litigation carried on by the Assured with the written authorization of the Company. (c) No claim for loss or damages shall arise or be maintainable under this Binder (1) if the Company after having received notice of any alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without written consent of the Company. (d) All payments under this Binder, except for attorney's fees as provided for in paragraph 6(b) thereof, shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Binder or an acceptable copy thereof for endorsement of the payment unless the Binder be lost or destroyed, in which case proof of the loss or destruction shall be furnished to the satisfaction of the Company. (e) When liability has been definitely fixed in accordance with the conditions of this Binder, the loss or damage shall be payable within thirty days thereafter. 7. Subrogation Upon Payment or Settlement Whenever the Company shall have settled a claim under this Binder, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Binder not been issued. If the payment does not cover the loss of the Assured, the Company shall be subrogated to the rights and remedies in the proportion which the payment bears to the amount of said loss. The Assured, if requested by the Company, shall transfer to the Company all rights and remedies against any person or proprty necesary in order to perfect the right of subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation involving the rights or remedies. • • 8. Binder Entire Contract Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Binder. No provision or condition of this Binder can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 9. Notices. Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111. 10. Arbitration Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Issued through the Office of: LAND TITLE GUARANTEE COMPANY 772 WHALERS WAY 9100 FORT COLLINS, CO 80525 9702823649 PIB.ORT Cover Page 2 of 2 • Certificate of Ownership and Merger Merging Western -Mobile Northern, Inc. Into Western Mobile, Inc. • • • • • The First State -.m PAGE 1 I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF MERGER, WHICH MERGES: "WESTERN -MOBILE NORTHERN, INC.", A DELAWARE CORPORATION, WITH AND INTO "WESTERN MOBILE, INC." UNDER THE NAME OF "WESTERN MOBILE, INC.", A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE, AS RECEIVED AND FILED IN THIS OFFICE THE TENTH DAY OF DECEMBER, A.D. 2001, AT 11:49 O'CLOCK A.M. 2099077 8100M ,6e,,-ALA-,191--T...a.a-.J Harriet Smith Windsor, Secretary of State AUTHENTICATION: 20B8787 020699944 DATE: 11-14-02 STATE OF DELAWARE SECRETARY OF STATE DIVISION OF CORPORATIONS FILED 11:49 AM 12/10/2001 010642862 - 2099077 CERTIFICATE OF OWNERSHIP AND MERGER MERGING WESTERN -MOBILE NORTHERN, INC. (a Delaware corporation) INTO WESTERN MOBILE, INC. (a Delaware corporation) Pursuant to Section 253 of the Delaware General Corporation Law WESTERN MOBILE, INC. ("Western"), a corporation organized and existing under the laws of the State of Delaware, does hereby certify that: FIRST: Western was organized pursuant to the provisions of the Delaware General Corporation Law on August 18, 1986. SECOND: Western owns all of the outstanding shares of the capital stock of Western - Mobile Northern, Inc_ ("Northern"), a corporation organized pursuant to the provisions of the Delaware General Corporation Law on May 9, 1989. THIRD: Attached hereto as Exhibit A is a copy of a unanimous written consent of the directors of Western dated November 15, 2001, pursuant to which the board of directors of Western has determined to merge Northern with and into Western in accordance with Section 253 of the Delaware General Corporation Law. FOURTH: Western will survive the merger and its Articles of Incorporation will not be changed or amended as a result of the merger. FIFTH: The merger will become effective on December 31, 2001 at 4:55 p.m. eastern standard time. SIXTH: The executed agreement of merger is on file at Western office located at: 12950 Worldgate Drive, Suite 500 Herndon, Virginia 20170 • IN WITNESS WHEREOF, the undersigned have executed this certificate as of the 15th day of November, 2001. ATTEST: -1..� Timothy A. Powe Vice President & Secretary ATTEST: l Timothy A. Power Vice President & Secretary • • WESTERN MOBILE, INC (a Delaware corporation) By. kn � ,(J -LD,; ft 1 t c,'1O Denise Wemtz Vice President & Treasurer WESTERN -MOBILE NORTHERN, INC. (a Delaware corporation) BY: 01_11AJL Denise Werntz Vice President & Treasurer • • • EXHIBIT A WESTERN MOBILE, INC. UNANIMOUS WRITTEN CONSENT OF DIRECTORS IN LIEU OF SPECIAL MEETING The undersigned, being all the members of the Board of Directors of Western Mobile, Inc., a Delaware corporation (the "Corporation"), and being the only persons who would be entitled to vote upon the following matters at a special meeting of the Board of Directors of the Corporation, hereby waive any and all requirements for calling, giving notice of, and holding a special meeting of the Board of Directors of the Corporation, and, in lieu of a special meeting and pursuant to Section 141(f) of the Delaware General Corporation Law, hereby consent to the adoption of the following resolutions: WHEREAS, Management of the Corporation has proposed that, Western -Mobile Northern, Inc,. ("Northern") be merged with and into the Corporation; and WHEREAS, this Board of Directors deems it advisable and in the best interests of the Corporation and its stockholder to approve the merger of Northern with and into the Corporation in accordance with the laws of the State of Delaware, the Corporation's and Northern's jurisdiction of incorporation, and to authorize the proper officers of the Corporation to take such actions as may be necessary to permit the Corporation to effect the merger; NOW. THEREFORE. BE IT RESOLVED, that the merger of Northern with and into the Corporation in accordance with Section 253 of the Delaware General Corporation Law is hereby approved in all respects; and RESOLVED FURTHER, that, upon effectiveness of the merger of Northern with and into the Corporation, each issued and outstanding share of the capital stock of Northern shall, without further act, be canceled. RESOLVED FURTHER, that the President, any Vice President or Secretary of the Corporation (the "Designated Officers"), and each of them, acting in conjunction with the proper officers of Northern to the extent appropriate, are hereby authorized, in the name and on behalf of the Corporation, to prepare, execute and file, or cause to be prepared, executed and filed, with the appropriate officials of the State of Delaware, a Certificate of Ownership and Merger setting forth the terms of the merger with and into the Corporation, in accordance with Section 253 of the Delaware General Corporation Law. RESOLVED FURTHER, that the proper officers of the Corporation are hereby authorized and instructed to take such actions, in the name and on behalf of the Corporation, as may be necessary or • RESOLVED FURTHER. that the proper officers of the Corporation, and each of them, are hereby authorized to take any and all actions and to execute, deliver and file, or cause to be executed, delivered and filed any and all agreements, certificates, letters, documents, consents, notices or other writings that such officers may deem necessary, appropriate or desirable, acting upon the advice of counsel where appropriate, to effect the merger of Northern with and into the Corporation and to otherwise accomplish the purposes and carry out the intent of the foregoing resolutions. IN WITNESS WHEREOF, the undersigned have executed this consent as of the 15th day of November, 2001. e Lyons Ray Arnold • • Timothy A. Pow I Application for Amended Authority indicating that Western Mobile, Inc. changed its name to Lafarge West, Inc. • I Secretary of State Corporations Section Please include a typed self-addressed envelope �P MUST BE TYPED \�G�'O� rf� FLUNG FEE $25.069" MUST SUBMIT TWO COPIES GODS For office use only 012 W (tNR T VmsoNsrf $ 23.00 SECRETARY OF STATE n. APPLICATION FOR AMENDED AUTHORITY PPG / 927/6 Pursuant to the provisions of the Colorado Business Corporation Act, the undersigned corporation hereby applies for an Amended Authority and states: FIRST: The name of the corporation is: Neatern4lobiie, Inc. SECOND: If the corporate name was not available, the assumed name of the corporation is: THIRD: • x (Check If Applicable) The corporate name of the corporation has become available in Colorado and the corporation desires to amend Its Authority to reflect the corporate name on the records of the Secretary of State. The corporation has amended the period of duration in its Articles of Incorporation to The corporation has changed its name to Lafarge West, Iec. The name which it elects to use in Colorado Is: (If its corporate name is not available for use In Colorado) The corporation has redomesticated from to FOURTH: This application Is accompanied by a Certificate of Fact, duly authenticated by the proper officer In the state or country of incorporation (or redomestication as the case may be) certifying the statement(s) made above. Lafarge West, Inc. Name of Corpo tion Signature Title Vice President & Secretary • Revised 7 EXHIBIT P • Municipalities Within Two Miles The existing permitted Greeley 35`h Avenue Mine site is located in unincorporated Weld County and the Lafarge Brown property is located in the City of Greeley. Greeley is the only municipality within two miles of the entire site. Below is their contact information: City of Greeley 1000 10th Street Greeley, CO 80631 (970)350-9777 • • Greeley 35`h Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page P1 of P1 EXHIBIT Q Proof of Notice to Board of County Commissioners Notice of the Greeley 35th Avenue Mine 112 Reclamation Permit Amendment Application was hand delivered to the Clerk to the Board of Weld County Commissioners' office, 915 10th Street, Greeley, CO 80631. Receipt of Notice: The above mentioned notice was received by: %i1. <c. ✓oar Clerk to the Board of Weld County Commissioners Time and Date Stamp Here: f 4 C Greeley 35r° Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page Q1 of Q2 • Proof of Notice to Soil Conservation District Notice of the Greeley 35`h Avenue Mine 112 Reclamation Permit Amendment Application was hand delivered to the West Greeley Conservation District office, 4302 W. 9'h Street Road, Greeley, CO 80634. Receipt of Notice: The above mentioned notice was received by: • • /Wes eleyonservation District Time and Date Stamp Here: ( (2,-72 e dya Greeley 35'h Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page Q2 of Q2 EXHIBIT R Proof of Filing with Clerk to the Board of Weld County Commissioners This is to certify that a copy of the Greeley 35th Avenue Mine 112 Reclamation Permit Amendment Application was accepted by and filed with the Clerk to the Board of Weld County Commissioners. Certification: j o �i. Co --K1Le�r�h Sharon Kahl b Est -her &. (stc`c Date Weld County Clerk to the Board of County Commissioners 7-OO_-o9 Time and Date Stamp Here: 0 cn Greeley 35" Avenue Mine (M-1977-036) DRMS 112 Reclamation Permit Amendment Application Page RI of RI EXHIBIT S Permanent Man -Made Structures within 200 Feet of the Affected Land Following is a table listing all man-made structures located inside and within 200 feet of the affected land, the owner of the structure, the owner's address, the proposed setback to the structure from the mining high wall and the factor of safety based on that proposed setback. The factor of safety information was taken from the Stability Analysis Report that we completed. According to the report the factor of safety must be greater than 1.0. Attached is an agreement between Lafarge West, Inc. and DCP Midstream. Weld County is currently reviewing their proposed agreement with Lafarge and we will forward copies of that agreement to the DRMS when it is completed. If an agreement can not be reached, we will provide the DRMS with proof that we attempted to reach an agreement. Structure Structure Owner Structure Owner Address Proposed Setback from Mining High Wall Factor of Safety Based on Proposed Setback Poudre River Trail Weld County 915 10th Street Greeley, CO 80632 80 1.4 Fence Weld County 915 10th Street Greeley, CO 80632 80 1.4 Gas line DCP Midstream (successor in interest to Bellwether Exploration Co.) 1324 N. 7th Avenue Greeley, CO 80631 150 2.3 Greeley 35th Avenue Mine (M -I977-036) DRMS /12 Reclamation Permit Amendment Application Page SI of SI • • • AGREEMENT TO MINE WITHIN 200 FEET OF PERMANENT MANMADE STRUCTURES THIS AGREEMENT, entered into by and between Lafarge West, Inc., hereinafter called "Lafarge", whose address is 11409 Business Park Circle, Suite 200, Longmont, CO 80504, and: DCP Midstream (successor in interest to Bellwether Exploration Co.) 1324 N. 7th Avenue, Greeley, CO 80631 Hereinafter referred to as the "Structure Owner". The Colorado Mined Land Reclamation Act requires that landowners adjacent to a proposed mining operation be informed about the mine and the reclamation. Further, the Act provides protection for structures that are within 200 feet of a mining operation. Lafarge will be submitting an application to the State of Colorado Division of Reclamation, Mining and Safety for a 112 Reclamation Operation Permit and an application to the City of Greeley for a Use by Special Review Permit for sand and gravel mining located within the Northeast 'A of the Northeast 'A of Section 34, T6N, R66W of the 6th P.M., Weld County, Colorado. The Structure Owner owns a permanent manmade structure or structures within 200 feet of the land affected by the mining and reclamation operations. The description of the structure is as follows: Natural Gas Gathering Pipeline Lafarge must attempt to obtain permission from Structure Owner in order to conduct operations closer than 200 feet to the structures owned by the Structure Owner. In addition, Lafarge must commit to repairing, replacing, or compensating Structure Owner for any damage that might be caused to its structure by the mining operation of Lafarge at this site. By this agreement, Structure Owner consents to Lafarge conducting mining operations up to a 150 foot setback from Structure Owner's structure. Lafarge commits that, if its operation causes damages to Structure Owner's structure within 200 feet of said operations, Lafarge will repair or replace such structure or compensate Structure Owner for the value of said structure. Page 1 of 2 • • • The parties hereto acknowledge and agree to the above -stated items. AGREED: Lafarge West, Inc. By: Todd Ohlheiser Vice President Rocky Mountain Agg State of Colorado ) ss. County ofA0, ) Date: 6-z - O/ The foregoing instrument was acknowledged before me this ." day of uly.- , 2(t' , by Todd Ohlheiser, Vice President of Rocky Mountain Agg of Lafarge West, Inc. My Commission Expires: 1 13e iv - AC.) etirtith&--.S Notary Public DCP Midstream glifig /✓ ewis D. Hagenlock State of Colorado County of /4/0/ ) ss. \P s l l s Tep/ ` O ,1/4.4O1ARy U: PUBOC" O art .' /O/4vOF CO‘' \<o Date: 0 The foregoing instrument was acknowledged before '/ me this Ol1 day of L vr�SZ , 20 C� I , by Aec✓i's /iY �'. y. - /-J- as f%-/-/E4-j t 1.y 7i-, /�i, c-74 of ,0 L. /' f% -1i' o�5 7✓'ra w. L � My Commission Expires: . - €—c9C13 Notary Public P @3511D 33.23511-08005\Deliverables\DRMSUpplication Package\EJiibit SIDCP Midstream Agrmt doc LORRI CARLSON NOTARY PUBLIC STATE OF COLORADO Erman Mirth 02, 2013 i Page 2 of 2 •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)(b) that you may wish to use. NOTICE Lafarge West�lnc. This site is the location of a proposed construction materials operation. (Name of the Applicant/Operator) 11409 Business Park Circle, Ste. 200 whose address and phone number is (Address and Phone Number of the Applicant/Operator) 303.684J307 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 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: • • M1 L-1 167t _' ' Moriso /.7 , hereby certify that I posted a sign containing the above notice for the proposed permit area known as the (Name of Operation) Greeley 35th Avenue Mine, on (Date Posted) • JL(/Y. 2Oe l `;,,j„,9 -- c1) SIGNATURE DATE Winimsharcwsfonrs\Construction I l2.doc (Approved OS/1112005) S June 12, 2009 Mr. Robert Ray Lafarge West, Inc 10170 Church Ranch Way, Suite 200 Westminster, Colorado 80021 Re: Stability Analysis for Lafarge Brown Property; Amendment to Greeley 351° Avenue Mine DBMS Permit #M-1977-036; Tetra Tech Job No. 133-23511.08005.11 S S Dear Mr. Ray: This letter has been prepared to address Construction Materials Rule 6, Section 4, Subsection 19, Exhibit S - Permanent Man -Made Structures (6.4.19, Exhibit S) for the permit amendment for the above -referenced aggregate mine. This analysis is for the expanded area known as the Lafarge Brown Property which is included in the permit amendment. The existing permitted mine will be expanded to include the Lafarge Brown Property which is located in the northwestern portion of the mine (located in the northeast quarter of Section 34, Township 6 North, Range 66 West). The site is in Greeley, Colorado. Several aggregate mines are present in the area. Other land uses in the area are predominately agricultural and rural residential. The Poudre River Trail recreational path, a fence, and a buried gas line are within 200 feet of the proposed mine limits of the amended mine area. Regional geologic mapping (see below) indicates mining will be in floodplain alluvial deposits. Borehole data (Figures 1 through 4) encountered bedrock at depths ranging from a 16.5 to 40 feet below the surface indicating mining conditions that result in varying highwall heights. GEOLOGIC STRATA AND MINING CONDITIONS Geologic mapping by Hershey and Schneider (1972) indicates the proposed mine site is south of and adjacent to the Cache La Poudre River on the flood plain alluvial deposit known as the Valley Fill alluvium. The deposit is composed of sands, silts, and clays. The site subsurface conditions were investigated through an exploratory drilling program conducted by others. The boring data supplied by Lafarge indicates the depth to bedrock along the proposed mine limit in the amended area ranges from approximately 33.5 feet in the southeast corner to 40 feet near the central portion of the northwestern boundary. Mining in the southeastern portion of the property will be relatively shallow resulting in shorter highwalls generally 12 to 17 feet high. Mine highwall heights will vary with depth to bedrock. Groundwater depths, in borings were typically 9 to 18 feet below the ground surface. From a geotechnical standpoint, the sand and gravel will form most of the mine slope. These soils are generally strong and stable, particularly when dewatered. Minor amounts of clay will lie at the ground surface and locally as lenses within the sand and gravel. Mr. Robert Ray June 12, 2009 Page 2 KNOWN STRUCTURES WITHIN 200 FEET OF MINING LIMITS Known man-made structures within 200 feet of the amended area mine limits, excluding those owned by Lafarge, Inc., are listed below: • A buried 4" gas flowline owned by DCP Midstream located approximately 150 feet southwest of the southern property line in the southwest corner. ▪ A 10' wide recreational trail owned by Weld County, located along the northwestern border. A fence, also owned by Weld County, located at the boundary between the mine and trail corridor. The east and south property lines of the amended area abut the previously permitted mine area. No structures are within 200 feet of the east property line of the mine expansion. STABILITY ANALYSES Stability analyses were performed in order to evaluate potential for damage to existing permanent structures due to mine highwall slope failures. Analyses were performed with the Slope -W 2007 computer program. For each case we analyzed the most critical soil profile(s) based on exploratory boring data (i.e. the tallest highwall, thickest overburden layer, and associated weaker clay lenses). The stability analyses were run in accordance with accepted geotechnical standards and DRMS requirements for temporary pit slopes summarized as follows: • Mine highwalls modeled as vertical slopes • Residual soil strength parameters used for the upper 2.5 feet of weathered bedrock • Factor of Safety must be greater than 1.0 Groundwater levels on the profiles were input to portray site dewatering. No laboratory strength tests were performed on soils at the site. The soil strength parameters used were based on typical values for the anticipated soils and our experience working with DRMS at other sites in the area. The input strength parameters were: Material Moist Unit Weight (pcf) Saturated Unit Weight (pcf) Effective Cohesion (pc/) Effective Friction Angle (degrees) Overburden clay 114 126 150 28 Sand and gravel 130 137 0 37 Clay Lense 116 119 200 22 Weathered Residual Strength Bedrock 124 134 0 14 Claystone Bedrock 124 134 500 22 • Mr. Robert Ray June 5, 2009 Page 3 The scenarios modeled were: Poudre River Trail Section and Fence — 2.5 feet of overburden clay overlying 32.5 feet of sand and gravel, over a 1 foot thick clay lens overlying an additional 4 feet of sand and gravel. The trail and fence are approximately 80 feet away from the proposed mine limit. Gas Line Section — 3.0 feet of overburden clay, overlying 30.5 feet of sand and gravel. This gas line is 150 feet from the proposed mine limit. Beneath the alluvium both sections were modeled with 2.5 feet of residual strength bedrock on top of claystone bedrock. Stability analyses were run on over 2,100 randomly generated circles generated at the mine excavation and highwall, as well as at the nearby permanent structure. The Slope W program calculated the Factors of Safety (FOS) using the ordinary, Bishop, Janbu, and Spencer Methods. Graphic profiles of each analysis are included in Attachment A. The results of the analyses are listed below: Section Distance to Nearest Permanent Structure Factors of Safety Poudre River Trail/Fence 80 1.4 Gas Line 150 2.3 The minimum setbacks are equal to the distances in the table above. All FOS are 1.4 or greater. Mining, following these minimum setbacks, should not pose a hazard to nearby structures. LIMITATIONS Our review is based on regional geologic mapping, present mining plans, borehole data, known structure locations, and stability analyses using typical soil strength parameters. Should the mining plans change, subsurface conditions vary or structure locations differ from those portrayed in this letter, we should be contacted in order to re-evaluate the potential affects on man-made structures. Please call with any questions or comments. Sincerely, TETRA TECH L/ Jeremy Deuto, P.G. Engineering Geologist GL:em Attachments: Figures 1 - 4 Attachment A Gary Linden, R.G. Project Manager P:\2351 I\133-23511-08005\Deliverables\DRMSWpplication PackageStability Exhibit\Stability Analysis Letter 6-5-09.doc • • • REFERENCES Hershey, L.A. and Schneider, P.A.; 1972; "Geologic Map of the Lower Cache La Poudre River Basin, North-Central Colorado"; U.S.G.S. Map I-687. z O O 2 Y 5 S cc co w co co u 0 >- 0 x w N 0 0 Lu x w K m N m W a LL N a U N 0 oo 9 co co 0- a CD 3 O 2 a N m O 0 cn m c v 3 POUDRE RIVER TRAIL 6 -616333 _331 O STREET / NTH -4 TH-1 I - 4gP3 .81 LAFARGE LAFARGE `+�; PROP./BROWN MINE TH-2 68J -APPROX. MINE LIMITS 66,82 /-GAS LINE LAFARGE MINE ANY 20 4683 ■ 48.1 TH-3 0 150' 300' 600' D TETRA TECH www.tetratech.com 1900 S. Sunset Street, Ste. 1-F Longmont, Colorado 80501 PHONE: (303) 772-5282 FAX: (303) 772-7039 Drawing Description BORE HOLE LOCATIONS LAFARGE WEST, INC. Project No.: 133-23511-08005 Date: 3-25-09 Designed By: JD FIGURE 1 Copyright: Tetra Tech 1 FIGURE 2 USER NAME: MIKE MORISON DRAWING: P1235111133-23511-08005\ GAD \SheetFiles\ EXHIBITS \ SUMMARY OF BORE HOLES EXHIBIT .DWG LA TH-1 0 - 5 - 10 — X15—i w LL Z_ 2 a w 0 20 25 - 30 -, 35 - 40 - 45 - 200 = 45.7% LL = 23 PI=3 TH-2 TH-3 TH-4 NOTE: BOREHOLES DRILLED BY OTHERS. FOR LEGEND AND NOTES, SEE FIGURES 3AND 4. lb TETRA TECH www.tetatech.co m t _ 1900 S. Sunset Street, Ste. 1-F Longmont, Colorado 80501 PHONE: (303) 772-5282 FAX: (303) 772-7039 Drawing Description SUMMARY LOGS OF BOREHOLES LAFARGE WEST, INC. Project No.: 133-23511-08005 Date: 3-25-09 Designed By: JD FIGURE 2 J Copyright: Tetra Tech Z O to 0 O i w w a z 0 0 en cc 0 LL OO >- • m x w 0, O x 0 m LL O en m x x w v LL 0 0 a U N O O 0 S tn 0 z a K O 2 m m 8 0 n a a a m LEGEND: SILTY SAND: CLAYEY SAND, LOOSE TO DENSE, LOCALLY GRAVELLY, YELLOW -BROWN, SLIGHTLY MOIST (SM, SC-SM, SC) CLAYEY SAND: LOOSE TO MEDIUM DENSE, CLAYEY TO VERY CLAYEY, FINE TO MEDIUM GRAINED, MUD LENSE LOCALLY COARSE GRAINED, LOCALLY SILTY, SLIGHTLY MOIST TO MOIST, BROWN TO BROWN -GREY, ORANGE (SC, CL -SC, SM) SAND: LOOSE TO MEDIUM DENSE, FINE TO MEDIUM GRAINED, LOCALLY SILTY, MOIST TO WET, BROWN TO BROWN -GREY, ORANGE (SM,SP) SAND / GRAVEL: MEDIUM DENSE TO VERY DENSE, GRAVELLY TO VERY EAGRAVELLY, COMMONLY GRADING TO VERY SANDY GRAVEL, LOCAL COBBLES, FINE TO COARSE GRAINED, SLIGHTLY MOIST TO WET, LIGHT BROWN TO BROWN, PINK, GREY (SW, SW -SP, SW-GW, GW, GP) CLAYSTONE: HARD, SLIGHTLY SILTY TO VERY SILTY, LOCAL SILTSTONE INTERBEDS, LOCALLY SANDY TO VERY SANDY, SLIGHTLY MOIST, LIGHT GREY TO DARK GREY, GENERALLY MODERATELY PLASTIC, LOCALLY SLIGHTLY PLASTIC, MODERATELY TO VERY WEATHERED NEAR BEDROCK/SAND AND GRAVEL CONTACT, SOME INTERBEDDED LIGNITE LOOSELY CEMENTED OR UNCEMENTED SANDSTONE: HARD, WEATHERED TO SLIGHTLY WEATHERED, RUSTY BROWN TO LIGHT GRAY, MOIST SANDY CLAYSTONE: HARD, SLIGHTLY WEATHERED TO UNWEATHERED, GRAY TO DARK GRAY, SLIGHTLY MOIST TETRA TECH www.tetratech.com 1900 5. Sunset Street, Ste. 1-F Longmont, Colorado 80501 PHONE: (303) 772-5282 FAX: (303) 772-7039 Drawing Description BOREHOLE LEGEND LAFARGE WEST, INC. Project No.: 133-23511-08005 Date: 3-25-09 Designed By: JD FIGURE 3 Copyright: Tetra Tech FIGURE4 USER NAME: MIKE MORISON P.\23511\133-23511-08005\ GAD \SheetFiles\ EXHIBITS \ SUMMARY OF BORE HOLES EXHIBIT .DWG LAY( O NOTES: 1. EXPLORATORY BORINGS WERE DRILLED JUNE 28 THRU JULY 24, 2006 USING A TRUCK -MOUNTED CME 55 AND A CME 75 DRILL RIG. BORINGS WERE DRILLED WITH 4.25 -INCH I.D. HOLLOW STEM AUGERS. 2. ALL EXPLORATORY LOCATIONS WERE LOCATED USING A HANDHELD "GARMIN" GPS UNIT, AND ARE APPROXIMATELY LOCATED. 3. LINES BETWEEN MATERIALS REPRESENT APPROXIMATE BOUNDARIES BETWEEN TYPES AND TRANSITIONS MAY BE GRADUAL. 4. GROUNDWATER LEVELS WERE MEASURED AT THE TIME OF DRILLING ON THE DATES INDICATED. GROUNDWATER LEVELS WILL FLUCTUATE SEASONALLY AND DUE TO SITE MINING AND DEWATERING OPERATIONS. 7-18-06 WELL SCREEN INTERVAL STANDARD SPLIT SPOON SAMPLE. NUMBER INDICATES 24 THE BLOWS OF A 140 LB HAMMER FREE FALLING 30 -INCHES, WHICH WERE REQUIRED TO DRIVE THE SAMPLER 1 -FOOT OR THE INDICATED INTERVAL. WATER ENCOUNTERED DURING DRILLING AND DATE MEASURED 200= % PASSING THE #200 SIEVE LL= LIQUID LIMIT, % P1= PLASTICITY INDEX, % lb TETRA TECH vww.tetratech com 1900 S. Sunset Street, Ste. 1-F Longmont, Colorado 80501 PHONE: (303) 772-5282 FAX: (303) 772-7039 Drawing Description BOREHOLE NOTES LAFARGE WEST, INC. Project No.: 133-23511-08005 Date: 3-25-09 Designed By: JD FIGURE 4 Copyright: Tetra Tech • ATTACHMENT A • • 0 • • • e5 a mmo C mto- ca N 1 L C L O L o L >>>> m C N Oi o N Qi CC or C 00o° U N O° � Q1 0° U N O° N C O L A C O t N C O L CO C O L ZDOI1ZDUazDOazDUa Factor of Safety: 2.3 O CO ID ID CD V O V N co Q Q 8 m a .. m y a O ^ O O CO O N o In 0 CD (0 CD N In O M co 0 CD O O 4 .e O 0 0 (0001. x) (ii) uogenal3 up CD C O Distance (ft) P:123511\133-23511-08005\Deliverables \DRMSWpplication Package\Stability Exhibit\Stability\Geostudio\Brown Property\TH-04.gsz • • • (Y(JJ N U pO • N O N O a� O a a.r �' a 6] a.` p tO d 9 r N W d m •:r N st d DrO Or ra Cr 00 D� a O t• L I2 - C 9L0 5t NC at0 TLN O >N O ° co >G) O ° 2 >>N O ° K >>N O ° O >>N p ° N > y N 6> �j c% N> - N N> .13. 4 i>- g N E C O L to E C O C N C O L al C O.c ITI C O .- to • D O a z D O a z D O a z D O a z D O a Factor of Safety: 1.4 I -- N 8 a 0000000 ID CO ID CO CO • (D ID ✓ v v v v v v (000 1, x) (j) uoReAa13 0 N N m N 9 S F 'o v 4— co v a U %. C a f6 f; w D IC co N Y U l0 C 0 O 0 U 0. 0. 3 2 cc 0 d m 0 0 0 ro 9 N CJ N C') C N c) d Hello