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Home My WebLink About20081222.tiff • Application for: DRMS 112 Reclamation Operation 0. xi -r cA;4FJ.),-pt.r.\I C\€;k4- di, NCCI Pit #1 Amendment M-2OO1 - 1O7 a ar rim raw ,III il‘Wif as NORTHERN COLORADO CONSTRUCTORS, INC . 9075 WCR 10 Ft Lupton, CO 80621 (303) 587-1754 Prepared By: ElJ&T Consulting, Inc. 1400 W 122°" Avenue — Suite 120 Westminster, CO 80234 • Ph: 303-457-0735 / Fax: 303-920-0343 www.j-tconsulting.com 2008-1222 • EXHIBIT S Permanent Man-Made Structures within 200 Ft of the Affected Land 1. Power Lines/Poles 2. Phone Lines/Poles 3. Oil and Gas Lines 4. Oil and Gas Wells, Pumps, and Tank Batteries 5. Fences/Structures 6. Improved Roads 7. Houses and Outbuildings 8. Irrigation Channels/Ditches/Pipelines NCCI believes that the mining operation, as proposed, will not adversely affect any of the permanent, man-made structures located within 200 ft of the affected area. However, the applicant still anticipates providing evidence of agreements for compensation with the appropriate structure owners or an engineering evaluation (see attached slope stability report) that adequately demonstrates that the proposed mining and reclamation operations will not • result in damage to the structures. • M-2001-107 NCCI Pit#1 DRMS 112 Permit Amendment 167 • October 9, 2006 Mr. Carl Mount Senior Environmental Protection Specialist State of Colorado Division of Reclamation, Mining, & Safety 1313 Sherman Street- Room 215 Denver, CO 80203 RE: NCCI Pit#1, Technical Revision No. 3 Request, File No. M-2001-107 Dear Mr. Mount, Northern Colorado Constructors (NCCI) requests a revision to their existing permit to address the following 3 items: 1. Mining Plan: Revision of the permit area, revision of the location of the crushing and screening area, and revision of the location of the temporary dewatering pond. • 2. Reclamation Plan: Revision to the reclamation plan to remove the interior reservoir cells and the reclaimed slope along the north boundary of the pit. 3. Reclamation Bond: Revision of the financial warranty required for the reclamation of each phase of mining. Detailed descriptions of these revisions are in the following sections. Mining Plan: Revision of the permit area, revision of the location of the crushing and screening area, and revision of the location of the temporary dewatering pond. The current permit boundary follows the property boundary. NCCI requests a revision to the current permit boundary which would remove the area adjacent to the north property line from the permit area. This area would consist of a twenty foot strip parallel to the north property line and would reduce the permit area from 102.66 acres to 101.96 acres. NCCI has relocated the temporary dewatering pond from the phase 1 area to the phase 3 area and has relocated the crushing and screening equipment to the phase 7 area. This equipment will remain in the phase 7 area until the mining of this phase occurs. The equipment will then be relocated to the pit floor of a previously mined phase. Attached is a revised mining plan map that shows the location of the new permit boundary, crushing and screening area, and temporary dewatering pond. No change to the affected land is being proposed with this revision. J&T Consulting,Inc. • 1400 W 122'd Avenue-Suite 120 • Westminster CO 80234 • 303-457-0735 NCCI Pit#1, Technical Revision No. 3 Request,File No. M-2001-107 10/9/06 -3- • Reclamation Plan: Revision to the reclamation plan to remove the interior reservoir cells and the reclaimed slope along the north boundary of the pit The current reclamation plan shows the site being reclaimed as 7 separate lined reservoir cells. NCCI requests a revision to the current plan which removes the separate cells and shows the pit being reclaimed as a single lined reservoir cell. NCCI also requests a revision to the plan which removes the reclaimed slope along the north boundary of the pit for the purpose of joining the reservoir cell on this site with a future cell on the adjacent property. NCCI is presently in the process of preparing an application for a Construction Materials Regular(112) Operation Reclamation Permit for this property. Attached is a revised reclamation plan map that shows the revised configuration of the lined reclaimed reservoir cell and shows the removal of the reclaimed slope along the north boundary of the pit. Reclamation Bond: Revision to the financial warranty required for the reclamation of each phase of mining. Per Technical Revision #2 the financial warranty required for each phase of mining includes a cost component for the "liner required to close lined area, should project be stopped". Because the "liner required to close lined area" component for each phase of mining is replaced with a new "liner required to close lined area" component as the next phase of mining occurs, the • financial warranty required for this component for each phase of mining should be released as the next phase of mining commences, with the financial warranty required for this component in that phase taking its place. NCCI requests that the financial warranty required for each phase of mining be revised to include a credit for the financial warranty posted during the previous phase for the "liner required to close lined area" component. This would accurately calculate the "net" financial warranty required for this component between the two phases and for the current limit of disturbance as well as account for the financial warranty that has already been posted to insure that the Division has sufficient financial warranty to complete the reclamation. A component has been included in the required financial warranty calculations for the phase 1 mining area to provide for a reclaimed slope along the north boundary of the pit. This financial warranty would remain in place until a future financial warranty for the adjacent property, which would provide for the continuation of the reservoir liner on that site, is posted. This would insure that the Division does not incur any increased obligation for the reclamation of this pit. The revised financial warranty required for each phase of mining would be the following: Phase 1: $271,761 Phase 2: $125,106 Phase 3: $174,588 Phase 4: $156,175 Phase 5: $36,042 Phase 6: $102,778 Phase 7: $6,121 J&T Consulting Inc. • 1400 W 122nd Avenue—Suite 120 • Westminster CO 80234 • 303-457-0735 NCCI Pit#1, Technical Revision No. 3 Request,File No. M-2001-107 10/9/06 -3- • Attached is a summary of the unit costs used in calculating the required financial warranty for each phase of mining, which were taken from Technical Revision #2, and the required financial warranty calculations for each phase. An additional unit cost was added for "scarifying ground" for use in the required financial warranty calculations. Because the crushing and screening area has been relocated to the phase 7 area, and because topsoil stockpiles are now present in the phase 6 area, this additional unit cost was required to calculate the financial warranty required for each phase until the mining in phases 6 and 7 is commenced. NCCI appreciates your consideration of this revision request and looks forward to your response. Please feel free to contact me with any questions or comments. Sincerely, Todd Y‘e J&T Consulting, Inc. Summary of Attachments: Revised Mining Plan Map Revised Reclamation Plan Map Summary of Technical Revision#2 Unit Costs Revised Financial Warranty Requirement Calculations $188 Check for Technical Revision review fee Cc: Northern Colorado Constructors, Inc. File J&T Consulting,IBC. • 1400 W 122nd Avenue—Suite 120 • Westminster CO 80234 • 303-457-0735 J&T Consulting, Inc. Northern Colorado Constructors, Inc. Id ' NCCI Pit#1 • 10/9/2006 Reclamation Bond Quantities and Costs tpy ©2006 AT ConsuInns,Inc. 06119 NCCI Pit 1 Rec Bond Coles Summary of Unit Costs from Technical Revision #2 Direct costs Re-applying topsoil 12"thick $2,178.00 /acre Revegetating disturbed area $820.00 / acre Dewatering full pit $201.50 / million gallons Liner Cost(see breakdown below) $59.36 / linear foot Mobilization $2,500 lump sum Liner Cost Breakdown Ripping Clay and Shale $7.12 / linear foot Hauling and placement of clay $16.46 / linear foot Hauling and placement of overburden $5.94 / linear foot Blending and moisture conditioning $11.80 / linear foot Compaction to desired density $17.43 / linear foot QA/QC $0.61 / linear foot Total Liner Cost $59.36 / linear foot Overhead and Profit Costs Liability insurance 1.55% of direct cost Performance bond 1.05% of direct cost Profit 10.00% of direct cost Total Overhead Cost 12.60% of direct cost Project Management Engineering and bidding 4.25% of direct cost Management and administration 5.00% of direct cost Total Additional Cost 9.25% of direct cost Additional Unit Costs Direct costs Scarifying Ground $200 /acre 1 of 5 q J&T Consulting, Inc. Northern Colorado Constructors, Inc. • � NCCI Pit#1 10/9/2006 Reclamation Bond Quantities and Costs tpy ©2006 J!T Consulting,Inc. 06119 NCCI Pi 1 Rec ao,1 Cates Phase 1 (12.31 acres) Reclamation Operation Quantity Unit Unit Cost Cost Active Mining Area North Pit Wall Liner(bond only) 935 If $ 59.36 $ 55,502 Permanent liner 1,188 If $ 59.36 $ 70,520 Liner Required to Close Phase 1 887 If $ 59.36 $ 52,652 Topsoil Area Above Water 1.3 ac $ 2,178 $ 2,831 Revegetate Area Above Water 1.3 ac $ 820 $ 1,066 Dewatering of Full Pit 89.7 Mil. Gal. $ 201.50 $ 18,075 Plant Site/Temporary Topsoil Stockpile Areas in Phases 6 8 7 Scarifying Ground in Plant Site Area 4.6 ac $ 200 $ 920 Topsoil Placement in Plant Site Area 4.6 ac $ 2,178 $ 10,019 Revegetate Plant Site Area 4.6 ac $ 820 $ 3,772 Scarifying Ground in Topsoil Stockpile Areas 3.0 ac $ 200 $ 600 Revegetate Topsoil Stockpile Areas 3.0 ac $ 820 $ 2,460 Mobilization 1.00 Is $ 2,500 $ 2,500 Total Direct Cost $ 220,916 Overhead and Profit Cost(12.60%) $ 27,835 Contract Cost $ 248,752 Project Management(9.25%) $ 23,010 iTotal Required Financial Warranty For Phase 1 $ 271,761 Phase 2(10.22 acres) Reclamation Operation Quantity Unit Unit Cost Cost Active Mining Area Liner Required to Close Phase 1 (Credit) 887 If $ 59.36 $ (52,652) Permanent liner 531 If $ 59.36 $ 31,520 Liner Required to Close Phases 1-2 1,420 If $ 59.36 $ 84,291 Topsoil Area Above Water 1.1 ac $ 2,178 $ 2,396 Revegetate Area Above Water 1.1 ac $ 820 $ 902 Dewatering of Full Pit 74.3 Mil.Gal. $ 201.50 $ 14,971 Plant Site/Temporary Topsoil Stockpile Areas in Phases 6& 7 Scarifying Ground in Plant Site Area 4.6 ac $ 200 $ 920 Topsoil Placement in Plant Site Area 4.6 ac $ 2,178 $ 10,019 Revegetate Plant Site Area 4.6 ac $ 820 $ 3,772 Scarifying Ground in Topsoil Stockpile Areas 3.0 ac $ 200 $ 600 Revegetate Topsoil Stockpile Areas 3.0 ac $ 820 $ 2,460 Mobilization 1.00 Is $ 2,500 $ 2,500 Total Direct Cost $ 101,699 Overhead and Profit Cost(12.60%) $ 12,814 Contract Cost $ 114,513 Project Management(9.25%) $ 10,592 • Additional Financial Warranty Required For Phase 2 $ 125,106 2 of 5 III Northern Colorado Constructors, Inc. � ' J&T Consulting, Inc. • NCCI Pit#1 10/9/2006 Reclamation Bond Quantities and Costs 1py ©2006 J&T Consulting,Inc. 06119 NCCI Pit 1 Roc Bond Cats Phase 3(8.34 acres) Reclamation Operation Quantity Unit Unit Cost Cost Active Mining Area Liner Required to Close Phases 1-2(Credit) 1,420 If $ 59.36 $ (84,291) Permanent liner 1,122 If $ 59.36 $ 66,602 Liner Required to Close Phases 1-3 2,084 If $ 59.36 $ 123,706 Topsoil Area Above Water 1.25 ac $ 2,178 $ 2,723 Revegetate Area Above Water 1.25 ac $ 820 $ 1,025 Dewatering of Full Pit 59.0 Mil. Gal. $ 201.50 $ 11,889 Plant Site/Temporary Topsoil Stockpile Areas in Phases 6 8 7 Scarifying Ground in Plant Site Area 4.6 ac $ 200 $ 920 Topsoil Placement in Plant Site Area 4.6 ac $ 2,178 $ 10,019 Revegetate Plant Site Area 4.6 ac $ 820 $ 3,772 Scarifying Ground in Topsoil Stockpile Areas 3.0 ac $ 200 $ 600 Revegetate Topsoil Stockpile Areas 3.0 ac $ 820 $ 2,460 Mobilization 1.00 Is $ 2,500 $ 2,500 Total Direct Cost $ 141,924 Overhead and Profit Cost(12.60%) $ 17,882 Contract Cost $ 159,806 Project Management(9.25%) $ 14,782 AIAdditional Financial Warranty Required For Phase 3 $ 174,588 Phase 4(9.37 acres) Reclamation Operation Quantity Unit Unit Cost Cost Active Mining Area Liner Required to Close Phases 1-3(Credit) 2,084 If $ 59.36 $(123,706) Permanent liner 1,271 If $ 59.36 $ 75,447 Liner Required to Close Phases 1-4 2,306 If $ 59.36 $ 136,884 Topsoil Area Above Water 1.4 ac $ 2,178 $ 3,049 Revegetate Area Above Water 1.4 ac $ 820 $ 1,148 Dewatering of Full Pit 68.8 Mil. Gal. $ 201.50 $ 13,863 Plant Site/Temporary Topsoil Stockpile Areas in Phases 6 8 7 Scarifying Ground in Plant Site Area 4.6 ac $ 200 $ 920 Topsoil Placement in Plant Site Area 4.6 ac $ 2,178 $ 10,019 Revegetate Plant Site Area 4.6 ac $ 820 $ 3,772 Scarifying Ground in Topsoil Stockpile Areas 3.0 ac $ 200 $ 600 Revegetate Topsoil Stockpile Areas 3.0 ac $ 820 $ 2,460 Mobilization 1.00 Is $ 2,500 $ 2,500 Total Direct Cost $ 126,956 Overhead and Profit Cost(12.60%) $ 15,996 Contract Cost $ 142,952 Project Management(9.25%) $ 13,223 IIIAdditional Financial Warranty Required For Phase 4 $ 156,175 1 3 of 5 q Northern Colorado Constructors, Inc. � ' J&T Consulting, Inc. " NCCI Pit#1 • 10/9/2006 Reclamation Bond Quantities and Costs IPv ©2006 JaT Censulttu¢,Inc. 06119 NCCI Pa 1 Roc Boren Calca Phase 5(8.17 acres) Reclamation Operation Quantity Unit Unit Cost Cost Active Mining Area Liner Required to Close Phases 1-4(Credit) 2,306 If $ 59.36 $(136,884) Permanent liner - If $ 59.36 $ - Liner Required to Close Phases 1-5 2,207 If $ 59.36 $ 131,008 Topsoil Area Above Water 1.1 ac $ 2,178 $ 2,396 Revegetate Area Above Water 1.1 ac $ 820 $ 902 Dewatering of Full Pit 57.6 Mil.Gal. $ 201.50 $ 11,606 Plant Site/Temporary Topsoil Stockpile Areas in Phases 6 8 7 Scarifying Ground in Plant Site Area 4.6 ac $ 200 $ 920 Topsoil Placement in Plant Site Area 4.6 ac $ 2,178 $ 10,019 Revegetate Plant Site Area 4.6 ac $ 820 $ 3,772 Scarifying Ground in Topsoil Stockpile Areas 3.0 ac $ 200 $ 600 Revegetate Topsoil Stockpile Areas 3.0 ac $ 820 $ 2,460 Mobilization 1.00 Is $ 2,500 $ 2,500 Total Direct Cost $ 29,298 Overhead and Profit Cost(12.60%) $ 3,692 Contract Cost $ 32,990 Project Management(9.25%) $ 3,052 • Additional Financial Warranty Required For Phase 5 $ 36,042 Phase 6(12.45 acres) Reclamation Operation Quantity Unit Unit Cost Cost Active Mining Area Liner Required to Close Phases 1-5(Credit) 2,207 If $ 59.36 $(131,008) Permanent liner 1,553 If $ 59.36 $ 92,186 Liner Required to Close Phases 1-6 1,393 If $ 59.36 $ 82,688 Topsoil Area Above Water 1.5 ac $ 2,178 $ 3,267 Revegetate Area Above Water 1.5 ac $ 820 $ 1,230 Dewatering of Full Pit 89.2 Mil. Gal. $ 201.50 $ 17,974 Plant Site Area in Phase 7 Scarifying Ground in Plant Site Area 4.6 ac $ 200 $ 920 Topsoil Placement in Plant Site Area 4.6 ac $ 2,178 $ 10,019 Revegetate Plant Site Area 4.6 ac $ 820 $ 3,772 Mobilization 1.00 Is $ 2,500 $ 2,500 Total Direct Cost $ 83,549 Overhead and Profit Cost(12.60%) $ 10,527 Contract Cost $ 94,076 Project Management(9.25%) $ 8,702 Additional Financial Warranty Required For Phase 6 $ 102,778 ill 4 of 5 Northern Colorado Constructors, Inc. J&T Consulting, Inc. NCCI Pit 01 101 10/9/2006 Reclamation Bond Quantities and Costs tPY ©2006 JeT consal te&,Inc. 06119 NCCI Pt 1 Rec Bond Celts Phase 7(9.41 acres) Reclamation Operation Quantity Unit Unit Cost Cost Active Mining Area Liner Required to Close Phases 1-6(Credit) 1,393 If $ 59.36 $ (82,688) Permanent liner 1,147 If $ 59.36 $ 68,086 Topsoil Area Above Water 1.2 ac $ 2,178 $ 2,614 Revegetate Area Above Water 1.2 ac $ 820 $ 984 Dewatering of Full Pit 66.9 Mil.Gal. $ 201.50 $ 13,480 Mobilization 1.00 Is $ 2,500 $ 2,500 Total Direct Cost $ 4,975 Overhead and Profit Cost(12.60%) $ 627 Contract Cost $ 5,602 Project Management(9.25%) $ 518 Additional Financial Warranty Required For Phase 7 $ 6,121 5 of 5 STATE OF COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources 1313 Sherman St.,Room 215 �enver,Colorado 80203 COLORADO "DIVISION OF Phone:(303)866-3567 RECLAMATION FAX: (303)832-8106 MINING —sc___ SAF ETY October 19, 2006 Bill Owens Governor Mr. Chris Zadel Russell George Northern Colorado Constructors, Inc. Aggregate Div. Executive Director 9075 WCR 10 Ronald W.Cattany Division Director Ft. Lupton, CO 80621 Natural Resource Trustee RE: NCCI Pit #1, Permit No. M-2001-107 Technical Revision 03 Dear Mr. Zadel, The Division of Reclamation, Mining and Safety received your Technical Revision Application(TR-03) to the NCCI Pit#1, Permit No. M-2001-107. Upon further review of the application submitted by J&T Consulting, Inc. the Division believes the revised reclamation plan should be an Amendment to the NCCI Pit #1 rather than a Technical Revision. The definition of Amendment as described in the Construction Material Rules and Regulations"means a change in the permit or an application which increases the acreage of the affected land, or which has a significant effect upon the approved or proposed Reclamation Plan." The reclamation plan will be significantly revised under this proposed plan with the creation of one large lined lake 65.77 acres in size rather than seven smaller lined lakes ranging from 7.07 acres in size to 12.27 acres in size. In addition, the operator was to mine no more than 10 acres that would cover one section or portions of two sections and with a total disturbance at any time of 25 acres. The larger compacted lined reservoir is significant regarding possible impacts to the hydrologic balance, impacts to surrounding property owners and the approved postmining land use. Please resubmit this revision as a Permit Amendment Application. Applications for Amendments are reviewed by the Division in the same manner as applications for new permits and require a fee of $1,938.00. Please instruct the Division if you would like the $188.00 Technical Revision application fee returned, or applied to the cost of the Permit Amendment. In doing so, Northern Colorado Constructors, Inc. Aggregate Div. will need to formally withdraw the request for the Technical Revision. The withdraw notice must be received by the Division prior to the Division's decision due date of November 9, 2006. If the notice is not received by this date, the Division will have to deny the application. The Division has a few other comments and suggestions regarding the application that will need to be addressed in the future submittal; 1. The operator should be aware that any reduction in acreage must be filed as an acreage release • request in accordance with Rule 4.17 of the Construction Materials Rules and Regulations. Please send the request as a separate correspondence from any future revisions. Office of Office of Mined Land Reclamation Active and Inactive Mines 2. The operator proposes not to reclaim the northern boundary of the mine for the purpose of • joining the reservoir cell on this site with a future cell on the adjacent property. Apparently, the operator is in the process of preparing an application for a new 112 permit in this area. The operator should consider filing an amendment to the NCCI Pit #1 for this new acreage rather than filing a new 112 permit that immediately borders the existing pit(and that will eventually create one larger reservoir between the two pits). In doing so, the amendment to the NCCI Pit#1 would include the future areas of mining north of the site, the proposed changes under this TR- 03, and the acreage reduction request noted above would not be necessary. If the proposed changes noted in TR-03 have already occurred, the operator will need to file the amendment by January 19, 2007 or the Division will schedule an inspection of the site. If you have any questions,please do not hesitate to call me at 303-866-4943. Sin rel � c _ Erica Crosby Environmental Protection Specialist cc: Carl Mount; DMG Todd Yee, J&T Consulting, Inc. • • STATE OF COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources 13 Sherman St.,Room 215 COLORADO �enver,Colorado 80203 DIVISION OF Phone:(303)866-3567 RECLAMATION FAX:(303)832-8106 MINING a_ SAFETY November 6, 2006 Bill Owens Governor Mr. Chris Zadel Russell George Northern Colorado Constructors, Inc. Aggregate Div. Executive Director 9075 WCR 10 Ronald W.Cattany Division Director Ft. Lupton, CO 80621 Natural Resource Trustee RE: NCCI Pit #1, Permit No. M-2001-107 Technical Revision 03 • Dear Mr. Zadel, On November 3, 2006, the Division met with Northern Colorado Constructors, Inc. Aggregate Div. (NCCI) and JT Consulting, Inc. to discuss the submittal of Technical Revision 03 (TR-03). Based on the discussion, the Division finds that the changes proposed by NCCI may be submitted as a technical revision to the permit. However, the following items need to be addressed by the operator prior to approval of the revision; i + 1. In accordance with Rule 6.4.7(2)(b), the Division requests that NCCI identify and characterize the aquifer to be mined in or through. The Division also requests that the applicant define or predict the cone of depression expected for any areas to be dewatered and dry mined during the life of the operation. The cone of depression assessment should define, at a minimum, the horizontal and vertical extent of drawdown expected. If during the assessment, the applicant determines that a drawdown will occur offsite that may impact a current groundwater user,the applicant should explain any mitigation measures to be implemented and trigger points that would put mitigation measures into effect. 2. Please discuss the mining phases for the site, and the acreage of affected land at any given time. In particular, NCCI is currently approved to mine no more than 10 acres that would cover one section or portions of two sections and with a total disturbance at any time of 25 acres. 3. Please discuss the changes to the hydrologic balance from the current approved mining and reclamation plan to the proposed plan in TR-03. 4. NCCI must provide surface use agreements for all utilities that will be mined through. Until such agreements are reached,NCCI must not mine within 200 feet of any permanent man made structures. • 5. During the initial adequacy review of the permit, NCCI committed to not mining within 200 feet of a permanent man made structure until they have obtained agreements with the owner(s) of the structures. Please provide the agreements in Office of Office of Mined Land Reclamation Active and Inactive Mine! accordance with Rule 6.4.19 of the Construction Material Rules and Regulations or • provide an appropriate engineering evaluation that demonstrates that such structures shall not be damaged by activities occurring at the mining operation. 6. NCCI will need to revise the bond estimate for phases (as initially proposed) or for the total lining of the pit. If a phased approach is proposed, then the operator will need to commit to reclaiming the site as mining progresses to ensure that enough bond money exists to cover the cost of reclamation. The Division will re-evaluate the amount of required bond based on current labor and equipment rates. Please be advised that Division's decision due date is set for November 9, 2006. If you feel more time is needed to complete your reply, the Division can grant an extension to the decision date. This will be done upon receipt of a written waiver of your right to a decision by November 9, 2006 and request for additional time. This must be received no later than the deadline date. If you have any questions, please contact me at(303) 866-4943. Sin r ly, cao / rosy " Environmental Protection S Ialist cc: Carl Mount; DMG Todd Yee, J&T Consulting, Inc. • J&T Consulting, Inc. • December 18, 2006 Erica Crosby Environmental Protection Specialist State of Colorado Division of Reclamation, Mining, & Safety 1313 Sherman Street— Room 215 Denver, CO 80203 RE: NCCI Pit#1, Technical Revision No. 3 Adequacy Review Response File No. M-2001-107 Dear Ms. Crosby, NCCI offers the following response to the six items that the Division requires be addressed for the NCCI Pit#1 Technical Revision No. 3 request to be approved: • 1. In accordance with Rule 6.4.7(2)(b). the Division requests that NCCI identify and characterize the aquifer to be mined in or through. The Division also requests that the applicant define or predict the cone of depression expected for any areas to be dewatered and dry mined during the life of the operation. The cone of depression assessment should define, at a minimum the horizontal and vertical extent of drawdown expected. If during the assessment, the applicant determines that a drawdown will occur offsite that may impact a current groundwater user, the applicant should explain any mitigation measures to be implemented and trigger points that would put mitigation measures into effect. The mining activities will extract material from the South Platte aquifer. This is an unconfined alluvial aquifer which on this site consists mainly of fine to coarse sand with some fine to coarse gravel intermixed throughout. The thickness of the alluvium is approximately 30 feet and it is bounded on the top by one to five feet of relatively impervious overburden and bounded on the bottom by relatively impervious claystone bedrock. The historic groundwater depth was assumed to be three to five feet based on water level measurements done during the geotechnical investigations of the site and from limited data gathered from monitoring wells before the dewatering activities at the mine started. Boring logs from the geotechnical investigations have been included in the slope stability report that is attached for your reference. The monitoring well data and a map showing the monitoring well locations have been attached for your reference. The methodology presented in "Groundwater and Wells — Second Edition" by Fletcher G. Driscoll, for wells in an unconfined aquifer that are pumped at a constant rate and have reached equilibrium conditions, was used to estimate the limits of the cone of depression/radius of influence (Equation 9.1). Attached are excerpts of this reference that give the details of the methodology used and a figure showing the typical hydraulic conductivity values for soils of this type in an unconfined aquifer (Figure 5.14). 1400 W 122nd Avenue—Suite 120•Westminster CO 80234•Ph: 303-457-0735•Fax: 303-920-0343 NCCI Pit#1, Technical Revision No. 3 Adequacy Review Response,File No.M-2001-107 12/18/2006 _2_ The cone of depression/radius of influence from the mining limits has been estimated using the known pumping rate for the first phases of mining dewatering activities, the known depth of dewatering from the normal groundwater level in those phases, an estimated radius of the pit that the mining perimeter of those phases represents, and an estimated value of hydraulic conductivity for the type of soils found in this aquifer. The cone of depression/radius of influence was estimated for two conditions: 1. Full depth dewatering of the pit with no aquifer recharge and the following assumptions: • A constant dewatering pumping rate = 2,500 gpm • Dewatering depth = 27 ft • Radius of the pit = 600 ft • A hydraulic conductivity value of 1000 gpd/sq-ft was assumed for the soil types found on this site. The inflow to the pit through the mining slopes was assumed to be supplied solely by the groundwater present in the aquifer, hence the full hydraulic conductivity value of 1000 gpd/sq-ft was used. 2. Full depth dewatering of the pit with an aquifer recharge of 1000 gpm and the following assumptions: • A constant dewatering pumping rate = 2,500 gpm • A constant recharge rate = 1000 gpm through recharge ditches/ponds placed around the perimeter of the pit • • Dewatering depth = 27 ft • Radius of the pit = 600 ft • A hydraulic conductivity value of 1000 gpd/sq-ft was assumed for the soil types found on this site. The inflow to the pit through the mining slopes was assumed to be supplied by both the groundwater present in the aquifer and by the recharge water being added to the aquifer. The net affect is that the groundwater being supplied by the aquifer (removed from the aquifer by the dewatering activities) would be reduced by 1000 gpm or 40% of the total dewatering pumping rate. This factor was applied to the hydraulic conductivity value, which was reduced to 600 gpd/sq-ft for this condition, to compensate for a lesser overall amount of groundwater being removed from the aquifer. The result for condition 1 was the cone of depression/radius of influence extended beyond the mining limit/pit wall approximately 710 feet with a total dewatering depth at the pit of 27 feet. The result for condition 2 was the cone of depression/radius of influence extended beyond the mining limit/pit wall approximately 360 feet with a total dewatering depth at the pit of 27 feet. These results should be an accurate estimation of what the cone of depression/radius of influence will be at any time during the mining activities. The detailed calculations have been attached for your reference. NCCI's dewatering pumping rate data has been attached for your reference. Through the well permit process for the pit it was determined that three groundwater users were located within 600 feet of the property limits. Attached is the 600 foot spacing field inspection • report from Robert Stahl, Colorado Division of Water Resources Water Commissioner, Division 1, District 2, that details the wells he identified as being within 600 feet of NCCI's property. Of the three wells identified, one has been abandoned, and NCCI has obtained 600 foot waivers 1400 W 122nd Avenue--Suite 120•Westminster CO 80234• Ph: 303-457-0735• Fax: 303-920-0343 NCCI Pit#1, Technical Revision No. 3 Adequacy Review Response,File No.M-2001-107 12/18/2006 -3- • for the remaining two wells. The waivers are attached for your reference. The two remaining wells are the only groundwater users within the cone of depression that results from full dewatering of the pit with no recharge activities. Although NCCI has waivers for these two wells, NCCI proposes to install recharge ditches/ponds along the perimeter of the mine in order to limit the extent of the cone of depression/radius of influence to that of condition 2 above (360 feet). This will minimize the affect on the two wells and ensure that no other groundwater users are adversely affected by the dewatering activities at the mine. After the implementation of the recharge ditches/ponds around the mine, NCCI will note what the groundwater depths are in their monitoring wells and maintain those levels throughout the course of the mining. The following figure is a graphical representation of the estimated cone of depression/radius of influence that results from the dewatering activities: 710' , 360' r RECHARGE OIu i/ DITCH/PONDIz I// JI, r' EXISTING GROUNDWATER --- I LEVEL CONE OF DEPRESSION 1 WITH NO RECHARGE - 27' DEPTH • CONE OF DEPRESSION DEWATERING WITH RECHARGE [ TRENCH 2. Please discuss the mining phases for the site, and the acreage of affected land at any given time. In particular, NCCI is currently approved to mine no more than 70 acres that would cover one section or portions of two sections and with a total disturbance at any time of 25 acres. NCCI plans to maintain the approved 10 acre active mining area at the site. The active mining area will progress through the 7 approved phases as shown on the mining plan map. While the 10 acre active mining area will remain the same as the approved plan, NCCI proposed to increase the allowable total area of disturbance from 25 acres to potentially the entire area planned to be mined. The total area of disturbance would include, at any point in time, the current active mining area, the previously mined areas, the overburden stockpile areas, and the processing area. NCCI's intent is to complete the reclamation of previously mined areas as soon as possible after they are mined in order to minimized the total area of disturbance at the site. Because NCCI is currently in negotiations with an end use buyer for the pit, and is in the process of determining what they will require the pit liner system to be, they have not started the reclamation process. NCCI does not want to construct a liner that may need to be removed and/or re-constructed to meet the buyer's requirements. Once the pit liner requirements have been finalized, it is NCCI's intent to reclaim all previously mined areas concurrently with the mining activities. • NCCI will ensure that the Division will have sufficient bond to cover the cost of completing the reclamation of the site. See response to item number 6 below for bonding details. 1400 W 122nd Avenue—Suite 120•Westminster CO 80234•Ph: 303-457-0735• Fax: 303-920-0343 NCCI Pit#1, Technical Revision No. 3 Adequacy Review Response,File No.M-2001-107 12/18/2006 -4- • NCCI will also ensure that the hydrologic balance of the surrounding area will not be adversely affected due to the possible increase in the total area of disturbance. See response to item number 3 below. 3. Please discuss the changes to the hydrologic balance from the current approved mining and reclamation plan to the proposed plan in TR-03. Although the total area of disturbance would increase under the revised mining plan, the hydrologic balance of the surrounding area would be improved because of NCCI's intent to implement recharge ditches/ponds around the perimeter of the mine during all dewatering activities with this revision. This would limit the affects to the hydrologic balance during mining activities because the surrounding aquifer would be recharged concurrently with the mining activities rather than after mining activities have ceased. The revised reclamation plan removes the multiple cell reservoir configuration that is in the current plan and replaces it with a single cell reservoir configuration. Because it was the intent under the current reclamation plan to line only the perimeter of the cells, no change to the groundwater flow patterns through the aquifer is being proposed, hence no change to the hydrologic balance of the surrounding area after reclamation is completed would result from this revision versus the current plan. • A revised reclamation plan map is attached for your reference. 4. NCCI must provide surface use agreements for all utilities that will be mined through. Until such agreements are reached, NCCI must not mine within 200 feet of any permanent man made structures. Attached is the surface use agreement between NCCI and Kerr-McGee Rocky Mountain Corporation (KMRMC) for the oil/gas wells, transmission pipelines, and processing areas located on the west side and northeast corner of the property. NCCI will maintain the setbacks to the structures that are specified in this agreement throughout the course of the mining activities. Attached is the draft surface use agreement between NCCI and KP Kaufman Company (KPK) that is currently being negotiated but has not yet been finalized for the oil/gas well and transmission pipeline located approximately in the center of the property. See response under comment number 5 below for how setbacks will be maintained in this area. 5. During the initial adequacy review of the permit, NCCI committed to not mining within 200 feet of a permanent man made structure until they have obtained agreements with the owner(s) of the structures. Please provide the agreements in accordance with Rule 6.4.19 of the Construction Material Rules and Regulations or provide an appropriate engineering evaluation that demonstrates that such structures shall not be damaged by activities occurring at the mining operation. As stated in the response to item number 4 above, NCCI will maintain the setbacks to the 1400 W 122nd Avenue—Suite 120•Westminster CO 80234•Ph: 303-457-0735•Fax:303-920-0343 NCCI Pit#1, Technical Revision No. 3 Adequacy Review Response,File No. M-2001-107 12/18/2006 -5- • structures owned by KMRMC throughout the mining activities as specified in the KMRMC surface use agreement. A slope stability analysis has been performed to determine the minimum setbacks required during the mining activities to prevent damage to the other man made structures that are within 200 feet of the proposed mining limits. The slope stability analysis report has been attached for your reference. The setbacks that were determined in this analysis will be maintained throughout the mining activities with the exception of the area adjacent to the KPK well and transmission pipeline in the center of the property. The setback to the oil/gas well specified in the KPK draft surface use agreement is larger than the setback that was determined in the slope stability analysis (80 ft vs. 60 ft). The setback to the transmission pipeline that was determined in the slope stability analysis is larger than the setback specified in the KPK draft surface use agreement (60 ft vs. 25 ft). The largest setback from either the KPK draft surface use agreement specifications or the slope stability analysis results will be maintained from the oil/gas well and transmission line until the KPK surface use agreement is finalized. Once the KPK surface use agreement is finalized the setbacks specified in the agreement will be maintained. A revised mining plan map showing the required setbacks is attached for your reference. • 6. NCCI will need to revise the bond estimate for phases (as initially proposed) or for the total lining of the pit. If a phased approach is proposed, then the operator will need to commit to reclaiming the site as mining progresses to ensure that enough bond money exists to cover the cost of reclamation. The Division will re-evaluate the amount of required bond based on current labor and equipment rates. NCCI proposes to bond the reclamation in phases as initially proposed and as shown in the bond calculations included in the original revision request. As stated in the response to item number 2 above, NCCI plans to reclaim the site as mining progresses once the final pit liner system can be determined. Reclamation activities will start once this process has concluded. To compensate for any delay that occurs, NCCI proposes to bond for each phase of the reclamation in a cumulative manner, as shown in the phased bond calculations. As each phase of mining begins, an additional bond for the reclamation of that phase will be posted. As each phase is reclaimed and approved by the Division, the bond for only that phase will then be released/reduced to the 20% level, with the bond for the remainder of the phases that have yet to be reclaimed remaining in place. The end result of this method of cumulative phased bonding is that the Division will always have sufficient bond to cover the cost of completing the reclamation of the site, regardless of what stage the reclamation is at. A revised financial warranty calculation has been attached for your reference. Because the pit perimeter layout was modified to account for the required setbacks determined in the slope stability analysis, the quantities of the individual reclamation items have been updated. The calculation also separates the individual phase costs to detail what the additional cumulative • bond amount for each phase will be. 1400 W 122nd Avenue—Suite 120•Westminster CO 80234• Ph:303-457-0735•Fax: 303-920-0343 NCCI Pit#1, Technical Revision No. 3 Adequacy Review Response,File No. M-2001-107 12/18/2006 -6- • NCCI appreciates your consideration of this adequacy review comment response and looks forward to your response. Please feel free to contact me with any questions or comments. Sincerely, Todd Yee MT Co ulting,Inc. Summary of Attachments: Slope Stability Report— NCCI Pit#1 NCCI monitoring well location map, well measurement data, and dewatering pumping rates Excerpts from "Groundwater and Wells—Second Edition" by Fletcher G. Driscoll Cone of depression/radius of influence calculations 600 well spacing report and 600 foot well waiver letters Revised Mining and Reclamation Plan maps Kerr-McGee surface use agreement • Draft KP Kaufman surface use agreement Revised Financial Warranty Requirement Calculations Cc: Northern Colorado Constructors, Inc. File • 1400 W 122"'Avenue—Suite 120•Westminster CO 80234•Ph: 303-457-0735•Fax: 303-920-0343 • I I NCCI PIT #1 I ;M. 1 ID rn Nt I I ?y I _ - 1 1 it 1 4_7 22 I 1 1 N Q U I 4-6 � • I3� < I ° N N N ❑ 5 4.4 Z. 1\ — — \t — \l ^ii CR 18 11 s m o a a 0 LEGEND: — — — — PROPERTY LINE U Z �- MONITORING WELL LOCATIONS 400 200 0 400 SCALE IN FEET .- 0 Date: 11/29/06 IC ill. J&T Consulting, Inc. Northern Colorado Constructors, Inc. Job No: 06109 NCCI PIT #1 Drawn: WSS 1400 W 122nd Avenue-Suite 120111 Scale: 1" = 400' Westminster,CO 80234 NCCI Monitoring Well Locations a 303-057-0735 Sheet: 1 Of: 1 • 0 0 N In N O O N N O conano d 0 0 N W O O O O O 0' N h 1p in N t7 d LO Q O O N N Q+ O O N D O t7 1- CO CO N N d d Q 0 0 N 0 N m 0 0 N 0 0 0 •N CO d CO N N ('I d d co N O C 'a o a N O 0 3 O U W O '� C d' 0ce CO d U' N N N CI d O LL yl 0 O co C 0 V O Z0ZN- 5 N II ii a 32u n t_ Z O Z F > O 1-- d CO N (O"1 d d O O N N N d cc d » N N d 0 O) O O o ii cn O d N Q CI N J f0') N Ca.a co Oj 1, N G O N N Q N N > > M N O N T0 d _ to I 1-- 0 N N > > iO rn ✓ Ndr-- JJen [7 CI- o U N O Z r QA N OOOIn ' N d d N- > > N ('1 d O O N CO N - N d d F > > C') C) in 0 0 04 N Nrfno iN - N R 0 N- > > CnOOlO') 0) N O O N O N O N d d 1- J J 0) 0) c- N On N 10 h CO • N R f a co • pr` LLOrr r- O m 0 0 m O O N N � t? ro r- a' r to 0 0 N O O N N ? oro wrr oN. moo LC) O O N -co 222222 zzzzzzz Z Z Z Z Z Z Z N O O N Ne O n a N Z Lob' N O O N 0 . w m N C'I N N V O N V O m 0 0 O N m_ N NO Q O N N 'y 0 O N < O C) m O O o N N N co EN O coO in < ae to Vii N O O or r N •0 N N m O 0 m N O m V V) 0 O 0 0 N m_ N O l() 1fl O Ol O m O N C) V O N 0 O N_ Ntor• ^ n co On W n Z ce n m O O N N rrrrr N CID Y)O N. 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Or U N- OO IO 0 0 N r n Or- Or- OO in O O N m N N O Z'O LL aZ' O r U n O O n 0 0 N O N N o Z'i7 u. o Z' Z' O n O r O O to 0 0 N r0 ZN LL 0 .-- 0000 N 0 0 N m O Z N u. m r r O n O U rG OO r N co O In Co r Co • d AS G • o Eti lc_m Z O m U m O 0 to O O N h Zc r` u. 2` Z 0 0 0 to 0 0 0 0 CD CD ir r0 LL to rr Z Z O rn U m 0 0 to 0 0 N O mZ0.- 0000 0 0 N N z - r r 'o Z O r U o m 0 0 0 0 N N rKLLt rr Z O O rn U m 0 0 0 0 0 N O ZOr'4' o to00 0 0 h r_ 00 rr z Z o .- UmOO 0 0 o m N � a K r p LL m r r Z 0 U m O 0 m 0 O N Q a rplLL rr Z c.) ;Soo m 0 0 N O � 8O , 0000 m 0 0 N V orrrr0crr Or U co 0 N 0 0 N eq N 0 r 0 LL `O r r 0, - 0000300 0 0 N N NO ONON. rr N O n U n 0 0 e 0 0 N -ct • . r -- Op rr o r 0 n V n 00 r N m Q V1 m n m • f C • a . a g am, am,O rn o w o N- n 8 0 Cot CD 0, 7: 0 O rn 0 n CD 0 0 N 0 a Z o m U o o r-- CD 0 0 N cc ro LL ^ rN � zo Uao on 8 0 N CD OI Z p' u. zo ao fp r U o r--o n 8 0 N 0 p-• z•0 LL zo Z•lV Z 0 o U co 0 r-- 0 0 N NI NK Zi, io rO p z m0 U m 0 t- o 0 0 N N Z o o 0r- 10 co Z 0 a U com 0 r • o OI N a w aD Z'io LL t p Z Z O a U o 0 n o 0 0 N Z ❑ rnUaoOn co 0 N V r cc rb u_ c re N z Oo, UoOn co 0 0 N 0 Z Q r jp LL y Z y Z 0 o U o 0 n ID 0 0 N N cQ 11 Z.4 aO ✓ Z 00:10000t-- 0 0 0 N N - Z 0 .- U o o 0 0 0 " CC aJD czo - ocool- N Cr) V Ip 0 r CO • • W C • t0 • a co 0 O N O .- 0 r 0 0 0 m O O N N_ rfl"m- O 0 m m 0 0 O O N VC?' O_ N rg r0 r• N O O O n O 0 Ct N N a-c, rOO rN 0 O O n 0 O N N O m O m O n - N m v m m n m • N f C a /Wglar alli • NORTHERN COLORADO CONSTRUCTORS, INC. NCC Pit # 1 Discharge Monitoring Report Date Time Visual of Grease&Oil Flow GPM Data Sample Taken Notes 10/22/2003 9:30am Began Pumping 480 10/24/2003 10:30am Began Discharging 480 10/27/2003 11:00am 0 480 Avg. Flow Oct. 480 11/3/2003 10:00am 0 480 11/10/2003 8:00am 0 350 11/17/2003 9:00am 0 705 10/13/2003 received 11/21/03 11/24/2003 10:30am 0 550 Avg. Flow Nov. 520 12/1/2003 9:30am 0 550 Avg. Flow 636 GPM 12/8/2003 9:00am 0 550 12/15/2003 9:00am 0 1240 12/22/2003 9:00am 0 1100 12/15/2003 received 12/19/03 12/29/2003 10:45am 0 1100 Avg. Flow Dec. 908 1/5/2004 8:00am 0 0 Pump Shut Down 1/12/2004 9:00am No Discharge ND Pump Shut Down • 1/19/2004 8:00am No Discharge ND Pump Shut Down 1/26/2004 9:00am No Discharge ND Pump Shut Down 2/2/2004 8:00am No Discharge ND Pump Shut Down 2/9/2004 10:30am No Discharge ND Pump Shut Down 2/16/2004 12:00pm No Discharge ND Pump Shut Down 2/23/2004 9:00am No Discharge ND Pump Shut Down 3/2/2004 3:00pm No Discharge ND Pump Shut Down 3/8/2004 2:00pm No Discharge ND Pump Shut Down 3/30/2004 1:30pm No Discharge ND Pump Shut Down 4/21/2004 3:30pm No Discharge ND Pump Shut Down 5/2/2004 8:00am No Discharge ND Pump Shut Down 6/7/2004 9:00am 0 1000 6/7/2004 6/12/2004 8:00am 0 2000 received 06/07/04 6/20/2004 5:00pm 0 2000 6/22/2004 8:00am 0 1500 Avg. Flow of the Day 7/2/2004 9:00am 0 1500 7/9/2004 12:00pm 0 1500 7/13/2004 3:00pm 0 1500 7/22/2004 9:00am 0 1500 7/30/2004 3:00pm 0 1500 7/29/2004 8/5/2004 9:00am 0 1500 received 9:30am • • Page 1 of 4 va_r_�- • Lnwaut NORTHERNCONSTRUCTORS. INC. NCC Pit # 1 Discharge Monitoring Report Date Time Visual of Grease &Oil Flow GPM Data Sample Taken Notes 8/10/2004 3:00pm 0 1500 8/20/2004 9:00am 0 1500 8/26/2004 10:00am 0 1500 8/30/2004 7:00pm 0 1500 9/7/2004 8:00am 0 1500 9/8/2004 9/17/2004 10:00am 0 1500 received @ 10:00am 9/21/2004 1:00pm 0 1500 9/30/2004 8:00am 0 1500 10/5/2004 10:00am 0 1500 10/15/2004 9:45am 0 1500 10/23/2004 7:00am 0 0 pump shut down to run 12"to Sed. Pond Run pipe = 10/16/04 10/26/2004 8:30am 0 1500 ? Need to recheck 11/2/2004 1:00pm 0 1500 ? Because of pipe 11/8/2004 3:00pm 0 1500 ? 11/19/2004 8:00am 0 1500 11/23/2004 3:30pm 0 1500 • 12/3/2004 8:00am 0 1500 12/8/2004 3:OOpm 0 1500 12/16/2004 8:00am 0 1500 12/20/2004 3:30pm 0 1500 1/20/2005 1:00pm 0 1500 2/14/2005 2:00pm 0 1500 3/18/2005 8:00am 0 1000 3/30/2005 9:00am 0 1200 Change Plant 4/3/2005 8:00am 0 1200 Using dewatering water for plant 5/15/2005 8:00am 0 1500 Avg. no drinking 6/7/2005 3:30pm 0 1500 Avg. 7/14/2005 9:00am 0 1500 Avg. 8/9/2005 7:00am 0 1500 Avg. • Page 2 of 4 -_ waOW _r_� . /NW CONSTRUCTORS, NCC Pit # 1 Discharge Monitoring Report Date Time Visual of Grease &Oil Flow GPM Data Sample Taken Notes 9/2/2005 3:30pm NV 0 1500 Avg. 9/21/2005 7:00am 0 1500 Avg. 10/13/2005 7:00am 0 1500 10/13/2005 10/25/2005 12:00pm 6 1500 Avg. 11/3/2005 2:00pm 0 1500 Avg. 11/15/2005 2:00pm 0 1500 Avg. 11/22/2005 1:30pm 0 1500 Avg. 11/29/2005 8:00am 0 1500 Avg. 12/9/2005 10:00am 0 1500 Avg. 12/15/2005 12:30pm 0 1500 Avg. 12/21/2005 11:00am 0 2500 Avg. 12/28/2005 3:00pm 0 2500 Avg. 1/4/2006 9:30am 0 2500 Avg. 1/10/2006 10:00am 0 2500 Avg. 1/20/2006 11:00am 0 2500 Avg. 1/28/2006 9:30am 0 2500 Avg. 2/1/2006 8:00am 0 2500 Avg. 2/6/2006 3:00pm 0 2500 Avg. 2/14/2006 11:00am 0 2500 Avg. . 2/23/2006 1:30pm 0 2500 Avg. 3/2/2006 9:OOam 0 2500 Avg. 3/8/2006 11:20am 0 2500 Avg. 3/14/2006 12:50pm 0 3400 Avg. Started Dewatering 3/23/2006 8:30am 0 3400 Avg. South Cell 3/27/2006 1:00pm 0 3400 Avg. 4/4/2006 2:00pm 0 3400 Avg. 4/10/2006 10:00am 0 3400 Avg. 4/19/2006 1:00pm 0 3400 Avg. 4/24/2006 9:30am 0 3400 Avg. 5/4/2006 8:30am 0 3400 Avg. 5/10/2006 10:00am 0 3400 Avg. 5/15/2006 9:00am 0 3400 Avg. 5/22/2006 1:40pm 0 3400 Avg. 5/30/2006 1:00pm 0 3400 Avg. 6/6/2006 9:00am 0 3400 Avg. 6/15/2006 11:00am 0 3400 Avg. 6/21/2006 10:00am 0 3400 Avg. 6/27/2006 9:20am 0 3400 Avg. 7/5/2006 10:30am 0 3000 Avg. Stop Dewatering North Cell • Page 3 of 4 • ORTHENCOLO CONSTRUCTORS, . NCC Pit # 1 Discharge Monitoring Report Date Time Visual of Grease &Oil Flow GPM Average Day Notes Max/Day 7/12/2006 12:30pm 0 3.2 Mil 2.7 Mil 7/18/2006 11:00am 0 3.2 Mil 2.7 Mil 7/26/2006 2:45pm 0 3.2 Mil 2.7 Mil 8/2/2006 9:30am 0 3.2 Mil 2.7 Mil 8/8/2006 9:50am 0 3.2 Mil 2.7 Mil 8/15/2006 10:00am 0 3.2 Mil 2.7 Mil 8/16/2006 10:00am 0 8.24 Mil 7.74 Mil Started Dewatering 8/23/2006 2:00pm 0 8.24 Mil 7.74 Mil North Cell 08/16/06 8/28/2006 1:00pm 0 8.24 Mil 7.74 Mil 9/6/2006 9:00am 0 8.24 Mil 7.74 Mil 9/11/2006 12:00pm 0 8.24 Mil 7.74 Mil 9/18/2006 11:00am 0 3.2 Mil 2.7 Mil Stopped Dewatering 9/28/2006 10:00am 0 8.24 Mil 7.74 Mil North Cell 09/18/06 10/4/2006 9:00am 0 8.24 Mil 7.74 Mil 10/12/2006 1:00pm 0 8.24 Mil 7.74 Mil 10/18/2006 12:50pm 0 8.24 Mil 7.74 Mil 10/25/2006 2:00pm 0 8.24 Mil 7.74 Mil 11/6/2006 2:00pm 0 8.24 Mil 7.74 Mil 11/14/2006 9:00am 0 8.24 Mil 7.74 Mil • • Page 4 of 4 -• Groundwater and Wells Second Edition A comprehensive study of groundwater and the technologies used to locate, extract, treat, and protect this resource. 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I JC3cm raea�a§aemma®as,ssas>me�wn®a�ea® ..a vnsa vu aiaac:astasmxe�;masaeem�rmmaa,a��a®e��..asa aua - men -a*a�s�maaunm+aua®r®ta.,aa..,as�a a� ...emaa aa8mats aaemaawaaa a,e v. Aatea ..tt+€Y v.-L^A R.a m�aae aa4 aaaAae�4aas T-.:tB®fea+a a;.meas :..,.us..:aySK�rwla�eieaa�W't ea6CAaaa®CRlamaaara,raam➢aaaai�aa I OCCURRENCE AND MOVEMENT OF GROUNDWATER 75 hydraulic gradient. If the hydraulic gradient (head loss per unit length of travel) is • doubled,the rate of flow in a given sand is also doubled. Conversely, doubling of the flow rate requires doubling of the hydraulic gradient. These ratios apply only to i laminar flow, however. If turbulent flow is present, the flow rate does not change in • direct proportion with the hydraulic gradient;doubling of the hydraulic gradient may • increase the flow rate by only 1.5 times. The information in this paragraph is vital to understanding water-well hydraulics, which is presented in Chapter 9. The slope of the water table or potentiometric surface is the hydraulic gradient under which groundwater movement takes place. The total flow through any vertical I section of an aquifer can be calculated if we know the thickness of the aquifer, its ' • • width, its average hydraulic conductivity, and the hydraulic gradient. The flow, q, , through each foot of aquifer width is: jf q = Kbl (5.12) where K is the hydraulic conductivity averaged over the height of the aquifer, b is the aquifer thickness in feet, and / is the hydraulic gradient. • Hydraulic conductivity(gpd/ry') • I 101 10' 10• 10' 10' 10 1 10-' 10_, 10" 10'• 10-' 10-• 10-' 10-• ' it Fine to coarse gravel Fine to coarse sand • Sit,loess • Gladal tit Unweathered marine clay II Stale Unlractured igneous and metamorphic rocks Sandstone,well cemented,unjointed • Limestone,unjointed crystalline Tuff Sandstone,friable Fractured igneous and metamnrntir rnrkc • Vesicular basalt Karst limestone 10' 10' 10' 10' 10 1 10-' 10'° 10-' 10-' 10-' 10-° 10 10-' 10-' 10-'° • Hydraulic conductivity(m/day) Figure 5.14.Typical K values for consolidated and unconsolidated aquifers. (After Davis, 1969:Dunn and Leopold, 1978:Freeze and Cherry, 1979). • e tl ty'fa .^Y i41:14;1 Y ::5qr 'e E ':A ##�� 212 GROUNDWATER AND WELLS • }a$.'. 1 has only extended outward an additional "� ! 170 ft (51.8 m) and deepened by an ad- Center i / o=z.o,omha,om,aa,) wee oon z zm ditional0.3 ft(0.09 m). An additional ra- '' ;Cones H —'i dialex expansion 130 ft 39.6m and R,=5]01, ,s''s h,.m, P Y :41 \ Cone z R•+� an increase in depth of only 0.2 ft(0.06 m) /V27 4;,,it.4 ! \ cCone1 1122m1 occurs in the next 10 hours. Calculations I , of the volume of each of the cones would r !�� L-_-_t_-2_ /'� show that cone 2 has twice the volume of 6 ell 8m1 cone 1,and cone 3 has three times the vol- ", \, � 4 ume of cone 1. This occurs because, at a 1 ri'l, oznloa6ml ooelo0,ml constant pumping rate, the same volume .4— of water is discharged from the well dur- ing each 10-hour interval. Thus, the in- :f.fr crease in volume of the cone of depres- :'?;' a:' f Figure 9.7.Changes in radius and depth of cone of sion is constant over time if the well is �_. depression after equal intervals of time,at constant 1 being pumped at a constant rate and the �'". pumping rate. r aquifer is homogeneous. .f i It is evident from this example that after some hours deepening or expansion of the ,,I,k cone during short intervals of pumping is barely discernible. This often leads observers =g% to conclude that the cone has stabilized and will not expand or deepen as pumping y ' continues. The cone of depression will continue to enlarge, however, until one or more fr: of the following conditions is met: `,e 1. It intercepts enough of the flow in the aquifer to equal the pumping rate. 2. It intercepts a body of surface water from which enough additional water will a enter the aquifer to equal the pumping rate when combined with all the flow toward the well. ,yy; 3. Enough vertical recharge from precipitation occurs within the radius of influence far' to equal the pumping rate. 4. Sufficient leakage occurs through overlying or underlying formations to equal ' the pumping rate. When the cone has stopped expanding because of one or more of the above con- 41:7L ditions, equilibrium exists. There is no further drawdown with continued pumping. :r. ? In some wells,equilibrium occurs within a few hours after pumping begins; in others, ,el? it never occurs even though the pumping period may be extended for years. iiIi), "I'''-i0 EQUILIBRIUM WELL EQUATIONS More than a hundred years ago, engineers began work on adapting Darcy's basic i 1 flow equation to groundwater flow toward a pumping well.The objective was to derive ..:45/1/ simple mathematical expressions for describing the flow regime of water in the ground. Because direct observation of groundwater movement is impossible, mathematical i;t analysis offers a convenient and reliable way to predict what happens to water in the ,,iota ground. Well discharge equations for equilibrium conditions were derived by various in- ..,,:t4 i vestrgators (Slichter, 1899; Turneaure and Russell, 1901; Thiem, 1906). These equa- _', Yri ttons relating well discharge to drawdown assumed two-dimensional radial flow to- - r^ ward a well (the vertical component of flow is ignored).There are two basic equations; 411 one for unconfined conditions and the other for confined conditions. For both equa- r a: f, WELL HYDRAULICS 213 • • Ground surface Ground surface I <w* xwramxu+,n ti .s. -mater .."wen _ Radius of well , flatlius of well r Depth to static Depth to table R polentiometric surface I • R water table 1-4-Radius of influence — __ I I !t Radius of influence _ _ _ _ _—_ — Coneof —SWL �� Cone of 3 tie ression depression ' � �j \ p / '.. I \ N //Drawdown Drawdown in well,I Drawdown curvep^♦ inI well, Drawdown curvet\ H n H I ! (potentiometric surface)' 1 Pumping water level- H Pumping water level 7441, ,'�` dLW� �'�N�•'Nrr' Saturated thickness of - n b formation Thickness of before water-bearing , formation pumping • Well screen �N��t• ��t•t rat• t•��t•�� t•t•�t•t•�t•t•t••a r. —N�� r.r.r.r.r.r._I • I —_ _ . rr._�rr. _�_�r.r._- _m i. s r. �r.r.r. N o Figure 9.8.Well in an unconfined aquifer showing Figure 9.9.Well in a confined aquifer showing the the meaning of the various terms used in the equi- meaning of various terms used in the equilibrium • librium equation. equation. Lions,all dynamic conditions in the well and ground are assumed to be in equilibrium; that is,the discharge is constant,the drawdown and radius of influence have stabilized, and water enters the well in equal volumes from all directions. Both assume horizontal • flow everywhere in the aquifer with recharge occurring at the periphery of the cone of depression. Figure 9.8 shows a vertical section of a well constructed in an unconfined aquifer. The equation for the well yield of an unconfined aquifer is: English Engineering Units* International System of Units* • i K (H2 - h') 1.366 K(Hz - h2) (9./) Q 7- 1,055 log R/r Q log R/r where where 3 Q.= well yield or pumping rate, in gpm Q = well yield or pumping rate, in m3/day K= hydraulic conductivity of the water- K= hydraulic conductivity of the water • - hearing formation, in gpd/ft' bearing formation- in m3/day/m' (m/day) H= static head measured from bottom H= static head measured from bottom • of aquifer, in ft of aquifer. in m • h = depth of water in the well while h = depth of water in the well while • pumping, in ft pumping, in m • *The United States is slowly converting to the International System of Units from the older English sys- • tem. For years the scientific community has used the metric system(now System International(SI)l,but • only recently have other business and technological entities adopted it.In the future,many engineers and drillers will have to present information in the metric system.Therefore, equations in both the SI and English systems of measure are given throughout this text;the SI notation is on the right of each page and the English system is on the left.The complete International System of Units as it applies to water re- sources is given in Appendix 9.A.A convenient unit conversion table is also provided.Symbols used in the text are given in Appendix 9.B. • - 214 GROUNDWATER AND WELLS • • • R = radius of the cone of depression. R = radius of the cone of depression, in m in ft r= radius of the well, in ft r = radius of the well, in m Equation 9.1 is often called the equilibrium, or Thiem, equation. Figure 9.9 is a vertical section of a well pumping from a confined aquifer. The equation for a well operating under confined conditions is: Kh (H - h) 2.73Kh (H- h) Q 528 log R/r Q log R/r (9.2) where where h = thickness of aquifer, in ft h = thickness of aquifer, in m All other terms are as defined for All other terms are as defined for Equation 9.1 Equation 9.1 Derivations of the foregoing equations are based on the following simplifying assumptions: 1. The water-bearing materials have a uniform hydraulic conductivity within the radius of influence of the well. 2. The aquifer is not stratified. 3. For an unconfined aquifer, the saturated thickness is constant before pumping starts; for a confined aquifer, the aquifer thickness is constant. • q 4. The pumping well is 100-percent efficient, that is, the drawdown levels inside and just outside the well bore are at the same elevation (see Chapter 16). (Head losses in the vicinity of the well are minimal.) 5. The intake portion of the well penetrates the entire aquifer. If 6. The water table or potentiometric surface has no slope. 7. Laminar flow exists throughout the aquifer and within the radius of influence of • • 1 the well. 8. The cone of depression has reached equilibrium so that both drawdown and ra- j( dius of influence of the well do not change with continued pumping at a given rate. 4 s, These assumptions appear to limit severely the use of the two equations. In reality, f` however, they do not. For example, uniform hydraulic conductivity is rarely found in E a real aquifer, but the average hydraulic conductivity as determined from pumping 11 tests has proved to be reliable for predicting well performance. In confined aquifers ; where the well is fully penetrating assumption and open en to the formation, the assum lion of no stratification is not an important limitation. Assumption of constant thickness is not a serious limitation because variation in aquifer thickness within the cone of depression in most situations is relatively small, especially in sedimentary rocks. Where changes in thickness do occur, as in glacial sediments, for example, they can be taken into account. The assumption that a well is 100-percent efficient can cause the calculated well yield to be seriously in error if the real well is inefficient because of improper design or construction. Factors con- s s1 tributing to inefficiency are discussed in Chapter 16. 's a The assumption that the water table or potentiometric surface is horizontal before p l I i pumping begins is not correct. The slope or hydraulic gradient, however, is usually • p almost flat and the effect on calculation of well yield is negligible in most cases. Slope i ' t I i I WELL HYDRAULICS 215 i • of the water table or potentiometric surface does cause distortion of the cone of • depression, making it more elliptical than circular. Flow in all regions of an aquifer is considered to be laminar. Some investigators have theorized that turbulent flow near a well could result in relatively high head • losses. Laboratory and field tests show, however, that some departure from laminar flow near a well causes only small additional head losses (Mogg, 1959). Determining Aquifer Hydraulic Conductivity Equations 9.1 and 9.2 can be modified to calculate hydraulic conductivity if Q, H, +' and R are determined from a pumping test, and b is known from the driller's log. For an unconfined aquifer, the equation for calculating K is: K_ 1055 Q log r,/r, K_ Q log r,/r, (9.3) (h,' - h,2) 1.366 (h,2 - h,2) where where • r, = distance to the nearest observation r, = distance to the nearest observation • well, in ft well, in m r,= distance to the farthest observation r, = distance to the farthest observation • well, in ft well, in m 172= saturated thickness, in ft, at the h, = saturated thickness, in m, at the • farthest observation well farthest observation well h, = saturated thickness, in ft, at the h, = saturated thickness, in m, at the • nearest observation well nearest observation well All other terms are as defined in Equa- All other terms are as defined in Equa- tion 9.1 Lion 9.1 All the parameters on the right-hand side of Equation 9.3 can be determined from a pumping test.Two observation wells,located at distances r, and r2 from the pumped well, are required to determine h, and h,. Figure 9.10 shows a sectional view of a pumping test layout in an unconfined for- mation for determining the hydraulic conductivity of the formation. All pertinent fac- tors are easily measured in this kind of test,and the hydraulic conductivity of the aqui- fer can be determined accurately. For confined conditions, the equation for determining the hydraulic conductivity from a test installation similar to Figure 9.10 is: • K= 528 Q log rz/r, _ Q log r2/r1 b (h, — h,) K 2.73 b (h, — h,) (9.4) where where all terms except the following are all terms except the following are the same as for Equation 9.3 the same as for Equation 9.3 b = thickness of the aquifer, in ft h = thickness of the aquifer, in m h,= head, in ft, at the farthest obser- h, = head, in m, at the farthest obser- vation well, measured from the vation well, measured from the bottom of the aquifer bottom of the aquifer h, = head, in ft, at the nearest obser- h, = head, in m, at the nearest obser- • J&T Consulting, Inc. Client: ZriPEL &AM I Li/ 1-L-tfgm Sheet No: I of I 1400 W 122nd Ave—Suite 120 Westminster, CO 80234 Project: N�1 PIT 44- I Job No: �l�11 Sill 303-457-0735 By: -7- Y Date: Iz-1Z-q'o Col-le eF t'err-€lor4 / IGAPILlf; of (/,r'"-tveik—E rc+tzt)Lot v*,1 ANC: IlGeoviktr-,Vi tl= At-tp Wel LS- -56LuQ I> Cbc lq.(II PLer4 v- d, t vi.L- 14-1614-- F 34"'1N UNG=t4Priem. AavzFc1 . AT- r-tML4aRvifrt (,,,��rcpt+a e Artzamp we-c- '4X1--LAN yfo4 bF MET- tt-z.4'—( 4- VA Fe..; L£ws . 9. I 4 : k(14 z-V2) r-5 1O3 8/- = kii-r-k`) Y- to 1,e`✓s g tioss It K/r Ipsscy GanlproorJ 1, - FAA_ PEY'fN T-÷.4./A-115F-inlei Wrrii y4o Kere-4-:(r4E ✓=t lsce f /Pt` c+ lobo Op -3 / `• pi ,- 3 4+ p. -= C�c&o)to 105,5;1/4to) = j13o6-F-f (F2or't GE-In of Fr-r) a -asnoP„, r- x• �Jo-4 Iz— r(r.m.JiNk LFMIr) 11 3c>tv ---4vCL^ =;ban ft (Bep ...Iwo-v-0 i Gc.ptmorl Z - rum- n=PR-t pti, +-rtr-trli wilt-1 tot-ii. V&'e-V t� k 3F /- k N L 3c -ft �j 6OO(--.),-z-3z) h 34l F 7- (b.90) to lo„r-'..�.-(zcoo) = `IS4, -1'r (Er-0m I tlEg- or VII) Q = Zce0t,Fw p rL r.7--L - f—F-L-uN 1,44, Lt M;r) 6O0 ;I��42tT ( C..1�_Poi i 1,11Y-1L1) I • Colorado Division of Water Resources Robert Stahl Division 1, District 2 9378 WCR 25 Water Commissioner Ft. Lupton, CO 80621 August 3, 2006 Joanna Williams Division of Water Resources 1313 Sherman St. Room 818 Denver, CO 80203 Re: Field inspection for NCCI Pit, 600' spacing. Joanna, On August 3, 2006, I preformed a field inspection for NCCI Pit for wells within 600' of the actual location of the pit. There are potentially 3 wells within 600' of the pit location. Permit numbers 157913 — Mayo, 47204 — Clasen, 47415 — Conner may be within 600' of the completed pit. All of these properties are now owned by L. G. Everist. This letter is for your file. Please contact me if you have any questions. Sincere , Robert Stahl Water Comm. Dist. 2 Aug 18 2006 8: 30RM HP LASERJET FAX p. 1 • GWS-38 600 FOOT WELL SPACING STATEMENT I(we) Randall J. Panowicz state as follows: 1. I(we)own real property described as the Si of the NE %., Section 25 Township in 2N Range 67W 6ro P.M., Weld County, Colorado' We own the right and Easement to the following wells: Permit# 1/4 V. 'Sec Twp, Rng. Actual Distance Actual Distance from N/S Sec. Line from EM/Sec. Line 157913 Unknown ft. Unknown ft ft ft ft. ft 2. I(we)have been apprised that Northern Colorado Constructors the present owners of a parcel of land in the V.of the SE Y., Section 24 Township 2N . Range 67W 6r" P.M., desires to drill a new well or • extend the use of an existing well. I(we) also understand that the purpose of such application that was submitted to the State Engineer and receipted by him under receipt no. To be re-submitted 3. The proposed location for the subject well will be 600 feet or less from my(our) well. 4. By this statement I (we)am(are) specifically waiving any objection to the issuance of a well permit for the subject well, as set forth in the referenced application, and would request that permit issuance not be postponed or denied because of any concerns by the Division or others that the proposed well will materially affect my(our)well or water right. I (we)am(are)also specifically waiving my (our)right I(we) may have to participate In a hearing before the State Engineer pursuant to Section 37-90-137(2). C.R.S. Dated this 0 41 — O1O day of August /� , 2006 Signature: nani�,/ Y ettt 23 Title: O{,t_,--y1 • GWS-38 600 FOOT WELL SPACING STATEMENT I (we) L.G. Everist 2 nc c'- T e w< Lo; c,,4 state as follows: 1. I (we)own real property described as _ in the N F V.of the NE Y., Section 25 ,Township 2N , Range 67W 6'" P.M., Weld County, Colorado. We own the right and Easement to the following wells: Permit# 1/4 Y. Sec. Twp. Rng. Actual Distance Actual Distance • from N/S Sec. Line from EM/Sec. Line c_72/7 Th s we\l ',s L�rrc•,+1. �•,;r,�d �'� IZc,�.d�.li J •T�o. -.L',-, .c. (T') acs -`ibc\- (o�i3 157013 IInknnwn ft Unknnwn @ 47204 NE NE 25 2N 67W Unknown ft. Unknown ft >G 116 Luc.\\ ev; \k A.t1 C ci.\0 &(Lte-3€EO '. ,oc. S. t 'Li cc , d 2 c 2. I(we) have been apprised that Northern Colorado Constructors , the present owners of a parcel of land in the %.of the SE Y., Section 24 Township 2N , Range 67W 6'" P.M., desires to drill a new well or extend the use of an existing well. I (we) also understand that the purpose of such application that was submitted to the State Engineer and receipted by him under receipt no. To be re-submitted 3. The proposed location for the subject well will be 600 feet or less from my(our) well. 4. By this statement I (we) am (are) specifically waiving any objection to the issuance of a well permit for the subject well, as set forth in the referenced application, and would request that permit issuance not be postponed or denied because of any concerns by the Division or others that the proposed well will materially affect my (our) well or water right. I (we)am (are) also specifically waiving my (our) right I (we) may have to participate in a hearing before the State Engineer pursuant to Section 37-90-137(2), C.R.S. Dated this C\ tk,,., day of August 2006 Signatt _,o.j 7:411 Title: ,arc..,+ /7, Title: o,`c.l- 1r'y '\[t v.Q(' . MAR.15.2004 10:07RM KERR_MCGEE NO.486 P.2/14 I U iiii i1UU h 11111111 HtI IIII M III!'I Mt 30786D4 06124/2003 00:50P Weld naunty 00 1 of 13 R 66.00 0 0.00 Slum Morava Clerk&Recorder • • • SURFACE USE AGREEMENT This Surface Use Agreement("Agreement")is mode this 30{today of April,2003,and is between KERR-McGEE ROCKY MOUNTAIN CORPORATION ("KMRMC", a Delaware corporation,successor to HS Resources,Inc. and KERR-WORE GATHERING,LLC("KMG"), formerly known as HS Gathering, LLC., both with an address of 1999 Broadway, Suite 3600, Denver,CO 80202,and NORTHERN COLORADO CONSTRUCTORS,INC.(Referred to herein as"Surface Owner"),with an address of 9075 Weld County Road 19,Fort Lupton,CO 80621. A. Surface Owner owes a parcel of land located in the E/ZSF/4 of Section 24, Township 2 North, Range 61 West, Weld County, Colorado ( Property, more particularly described in Exhibit A attached hereto and incorporated herein by this reference. B. Surface Owner is subject to the rights of the oil and gas mineral estate of which a portion of the oil and gas leasehold is now owned by KMRMC; C. Surface Owner will apply for and obtain mining permits for a sand and gravel mining and processing operation known as the"NCCI Pit#1"("Mine"); D. KMRMC currently operates the William E.Gee Gas Unit 02 well("Existing Well") • and associated production equipment located op the Property has the right to deepen,recomplete or rework the Existing Well and drill new wells on the Property ("Future Wells"). E. This Agreement sets forth the parties' rights and obligations regarding the • relationship between the development of the Property by Surface Owner and KMRMC's operation and development of its oil and gas leasehold estate, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: 1. OIL AND GAS OPERATION AREAS RESERVED. Stlrihee Owner shall provide KMRMC no less than a 300 X 350 foot area around the Existing Well ("Oil and Gas Operation Area") as described on Exhibit A attached hereto for the Existing Well and for any operations conducted by KMRMC In connection with the Existing Well, including, but not limited to, lease operating activities, workovers, well deepening',recompletions and fracturing. • Z00 lj Iva C1 :TZ 900Z/9Z/T' Z ' • 9N 1UNSN00 1 r : uoi;e;S eJ Z•6 900Z LZ AON : X2J pant. MAR.15.200d 10:07AM KERR,NCGEE N0.4ttb I-'.:$/14 11111111111111111110011111111110 11111 IIiI 1111 3076604 06/24/2003 04.BOP Wald Coenh,CO • 2 et 13 R 6600 0 0.00 these Moreno Clerk 8 Recorder • 2. FUTURE WELL LOCATIONS. KMRMC shall have the right to drill Future Wells (including horizontal and directional wells that produce from and drain the Property and lands other than the Psuperty)at any locations within any of the Oil end Gas Operation Areas shown on Exhibit A attached hereto, so long as such locations are permitted locations under the then applicable well spacing regulations of the Colorado Oil and Gas Conservation Commission("COGCC"). KMRMC shall not otherwise have the right to drill Future Wells on the Property. Within 30 days of notice from KMRMC,Surface Owner will accommodate any KMRMC request to remove,relocate,or back-fill any area KMRMC requires for the access to andtot the use of any Oil and Gas Operation Area shown on Exhibit"A"attached hereto. 3. ACCESS. a, Surface Owner shall at all times provide to KMRMC no less than a 20 foot wide easement for access to all of the Oil and Gas Operation Areas. KMRMC shall maintain access roads at its sole cost daring the period of time that KMRMC conducts operations on the Property using such access. b. Access to any Oil and Gas Operation Area may be changed by mutual agreement of Surface Owner and KMRMC provided, however, all costs and expenses of the relocation shall be borne by the party requesting the change. • c. Surface Owner shall maintain and keep any access jointly used by Surface Owner and KMRMC in good condition and repair;however,if KMRMC causes damage to a road, KMRMC agrees to promptly repair any damage which it caused which is a direct result of its use of the road. Neither KMRMC, nor Surface Owner shall unreasonably interfere with the use by the other party of access roads. d. Surface Owner will not allow any extraction or fill, using es a baseline the surface of the original ground as of the date of this Agreement,within a radius of 150 feet from the center of any wellhead,without first submitting in writing to KMRMC 60 days prior to beginning such activity a plan acceptable to KMRMC for interim emergency procedures to include satisfactory access of a workover rig and emergency vehicles. Upon conclusion of the extraction, Surface Owner will fill and level the affected Oil and Gas Operation Area within no less than a 350 foot X 300 foot area of the wellhead. In no event shall Surface Owner mine within 80 feet of any wellhead or 50 feet of any production equipment, such as oil storage tanks and separators. • C00O XV4 PT:TZ 900Z/9Z/TT ' N lfl Nr u•„ 1 x :• 901 ON a xej •aAia MAR.15.2004 10:08AM KERR-MCGEE NO.486 P.4/14 11111111111111111111111111g 111111I1111 III 11111111111E 3076004 06/2412003 04:5BP Weld county,CO 3 of 13 R 66.00 0 0.00 Steve Merano Clerk 6 Recorder • • 4. BATTERIES AND EQUIPMENT(PRODUCTION FACILITIES). KMItMC shall have the right to locate, build, repair and maintain tanks, separators, dehydrator, compressors and other equipment reasonably appropriate for the operation and production of any Existing or Future Wells within any of the Oil and Gas Operation Areas shown on Exhibit A. 5. FLOWLINES AND PIPELINES. a KMRMC and KMG shall have the right to lay flowlines and pipelines,which to the extent possible will be located under access roads to the Oil and Gas Operations Areas. AU pipelines shall be located at a surface depth of approximately 48 inches from the final graded elevation. Flowlines,which are defined;a those lines which catty water or hydrocarbons from the wellhead to a production unit (such as a separator),shall be btaied to a surface depth of at least 48 inches. The construction and burying of flowlines and pipelines shall be at the sole cost and expense of KMRMC or its gas purchaser. b. Surface Owner will not allow any extraction to occur, commencing at the surface of the original ground,closer than 25 feet from any flowline or pipeline. c. Surface Owner shall not allow any stockpile of soil exceeding 5 feet In depth to be placed over any flowline or pipeline. • d. When crossing pipelines or flowines with heavy equipment, like earth moving equipment,Surface Owner will maintain a minimum of four foot and 4 maxim of 6 foot of din coverage,in addition to the existing cover over the pipeline. When crossing pipelines or flowlines with trucks and lighter equipment,Surface Owner will maintain a tninirnum of two foot and a maximum of 6 foot of dirt coverage,to the existing cover over the pipeline or flowline. e. The depth of cover over the pipelines or flowlines shall not be reduced or drainage altered without'CMG's written approval. 1. Any utility crossing must be a minimum of 18"inches beneath pipelines or flowlines. g. Parallel utilities must maintain a minimum of ten foot separation,unless KMG or KMRMC grants a lesser distance of separation. Surface Owner will request that all utility companies contact KMG and/or KMRMC prior to laying lines parallel to any pipeline or flowline. • 6001 XVd ti:1Z 900Z/9Z/T1 9NI1lNSN• . •N : x d 'eta. MAR.15.2004 10:05PM KERR-MCGEE NO.486 P.5/14 • 1111111111111111111Ill"4111111111111 111111111111 IIII 3076601 0812412002 O1;68P Weld County, CO ' 4 of 13 R 66.00 0 0.00 Steve Moreno Clark 6 Recorder • h. Construction of any permanent structure with KMG's pipeline easement is eat permitted. i. Planting of trees and shrubs is not permitted oil KMG's pipeline easement • 1. A foreign pipeline shall not run parallel to KMG's pipelines within KMG's easement without writum permission from KMG. k. Surfbce Owner shall understand that KMG,per federal law,myst mark the routing of its underground facilities with aboveground pipeline markers and maintain those markers, Markers will be installed,and maintained,at every point the pipeline route changes direction and adequate markers will be installed,and maintained,on straight sections of pipeline to insure the safety of the public,contractors,KMG personnel and KMG facilities. 1. In the event that Surface Owner does not maintain the above standards or damages any KMG pipelines,KMRMC flowlines,or other KMG facilities,while conducting its mining operations, Surface Owner shall reimburse KMG and/or KMRMC for the cost of relocation,replacement or repair. 6. NOTICE OF OPERATIONS. • KMRMC shall provide at least seven days' prior written notice to Surface Owner of any operations in connection with the reworking, fracturing, deepening or other operation on any Wells; provided, however,that KMRMC shall provide at least 30 days' prior written notice to Surface Owner of the initial drilling of any Future Wells. Regardless of the foregoing notice requirements, KMRMC shall have immediate access to any Oil and Gas Operation Area in the event of an emergency. The Notification shall describe the following: a. The proposed starting date of the proposed activity, b. The proposal operations to be performed at the site; and c. The approximate duration of the proposed activities. Not less than five working days prior to KMRMC's mobilization on the applicable Oil and Gas Operation Areas,either KMRMC or Surface Owner may request an on-site meeting. The purpose of the meeting shall be to inform Surface Owner of the expected activity and to coordinate site access,hazards,barricades,or any other issues. i S00Z XVd tU:TZ 9002/9Z/TT S ' ' 9NIll MAP.15.2004 10:08AM KERR_MCGEE N0.486 P.6/14 Hill 11111 0131 50 el 13 R 64 �0�0 03 .000�Sp Weld tevee MOVING Ore COI Retarder • 7. NOTICE TO FUTURE PROPERTY OWNERS. Surface Owner shall furnish all buyers of the Property with a plat or map showing the access roads,Oil and Gas Operation Areas,production thsllittes and other related facilities. In addition, the Surface Owner shall provide notice to all builders, homeowners and other buyers of any portion of the Property from Surface Owner that: a. There may be ongoing oil and gas operations and production within the Oil and Gas Operation Areas on the surface of the Property; b. There may be additional Wells drilled within any of the Oil and Gas Operation Areas; and c. Purchase of portions of the Surface Owner's property, as successors in interest to the Surface Owner, will be acquiring all of the Surface Owner's rights under this Agreement and assuming these obligations undertaken by the Surface Owner pursuant to this Agreement, including, but not limited to, the waiver provisions provided in Section 9 below. 8. DRILLING AND COMPLETION OPERATIONS. KMRMC shall endeavor to diligently pursue any actual drilling operations to minimize the total time period and to avoid rig relocations or startup during the course of drilling. • Surface Owner waives any objections to continuous (i.e., 24-hour) drilling operations. KMRMC shall conduct its operations in compliance with the provisions of the rules and regulations of the COGCC set forth in Rule 603,subject to the setback waivers provided in Section 9 below. 9. SETBACK REQUIREMENTS. Surface Owner will not locate inhabited buildings within 50 feet from any of the Oil and Gas Operation Areas. Since Fume Wells may be located at any location within any Oil and Gas Operation Area,Surface Owner waives the 150-foot setback requirement provided in Rule 603 a.(2)of the COGCC rules and regulations insofar as subsequent development may create new surface property lines within 150 feet of any Oil and Gas Operation Area. In the event the high density area rules become applicable to any Future Wells, Surface Owner also waives the high density set back requirements in Ride 603 b. of the COGCC rules and regulations. The waivers provided herein shall be binding upon the successors and assigns of Surface Owner and shall benefit KMRMC, its successors and assigns under the existing oil and gas leasehold estate. • roseXvd St:TZ 9002/9Z/TT 9 MHK.IJ.eW4 119:N:JMM KLM{_MCGLL NO.486 P.7714 11111 1101 0111 H X111111111111 111111111111111111111 0 8 of 1a 0012412003 66.000 q X Sieve lldonnoacIfl s Reader • 10. DEVELOPMENT PLANS. Surface Owner has provided herewith copies of the proposed Pre-Mining Plan, Mining Plan and Reclamation Plan. KMRMC acknowledges receipt of said Plans and has no objections to said Plans as submitted. This acceptance by KMRMC in no way waives KMRMC's rights in this agreement or obligations of Surface Owner under the terms of this agreement. Surface Owner acknowledges that ICMRMC may conduct oil and gas activities within the applicable OU and Gas Operation Areas provided herein and neither shall oppose KMRMC before any agency or governmental proceeding if such oil and gas activities are proposed and carried out in accordance with the terms of this Agreement II. LIMITATION OF LIABILITY,RELEASE AND INDEMNITY. a NO PARTY SHALL BE LIABLE FOR, OR BE REQUIRED TO PAY FOR. SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES TO ANY OTHER PARTY FOR ACTIVITIES UNDERTAKEN WITHIN THE SCOPE OF THIS AGREEMENT; b. Except as to claims arising out of pollution or environmental damage(which claims are governed by Section 12 below) or out of other provisions of this Agreement (which claims shall be governed by the terms of this Agreement),each party shall be and remain responsible for all liability arising out of those losses. claims, damages,demands,suits,causes of action.fines,penalties,expenses and liabilities. • including without limitation attorneys' fees and other coats associated therewith(ail of the aforesaid herein referred to collectively as "Claims"), arising out of or connected with each such party's Ownership or operations on the Property, no matter when asserted,subject to applicable statutes of limitations, Each party shall release, defend, indemnity and hold the other parties, their officers, directors, employees, successors and assigns, harmless against all such Claims. This provision does not, and shall not be construed to, create any rights in persons or entities not a party to this Agreement,nor does it create any separate rights in parties to this Agreement other than the right to be indemnified for Claims as provided herein; c. KMRMC shall not permit any liens to be filed on or otherwise attach to, the Property,and in the event any such liens are filed by a person pttnwtrtt to any statute or any lien attaches by operation of law or otherwise. KMRMC shall take all necessary action, at its sole cost and expense, to have such lien discharged and released as promptly as practicable.except that KMRMC shall have the right to file an operator's lien against other Owners of the oil and gas leasehold interest to recover amounts owed to KMRMC; and • LOO IJ %Vd ST:It 900Z/9Z/TT L • • 9 m� MRH.t5.Gyk]a 1U U9Rt1 KERR_MCGEE NO.496 P.9/14 • JIM�aii uiiii Ilr►,fill Mill uiii III IIM 3076504 a as 041eP Weld Countyry, en 7 0l 13 R 66.00 D 0.00 Stab Moreno nem 6 Recorder • • d. Upon the assignment or conveyance of a party's entire interests in the Property,that party shall be released from its indemnification in Section 11.b above, for all actions or occurrences happening after the assignment or conveyance. 12. ENVIRONMENTAL INDEMNITY. a. The provisions of Section II above,except for Section 11.a.,shall not apply to any environmental matters, which shall be governed exclusively by the following, subject to the limitations of Section 11.a. above; b. "Environmental Claims"shall mean all Claims asserted by governmental bodies or other third parties for pollution or environmental damage of any kind,arising from operations on or ownership of the Property or ownership of the oil and gas leasehold interest, whichever is applicable,and all cleanup and remediatiop costs, fines and penalties associated therewith, including bur not limited to any Claims arising from Environmental Laws or relating to asbestos or to naturally occurring radioactive material. Environmental Claims shall not include the costs of any remediation undertaken voluntarily by any party, unless such remediation is performed under the imminent threat of a Claim by governmental bodies or other third patties; c. "Environmental Laws"shall mean any laws,regulations,rules,ordinances,or other of any governmental authority(ies), which relate to or otherwise impose liability, • obligation, or standards with respect to pollution or the protection of the environment, including but not limited to, the Comprehensive Environmental Response,Compensation and Liability Act of 1980,as amended(42 U.S.C. §9601 el seq.), the Resource Conservation and Recovery Act of 1976(42 U.S.C.§§6901 et see.), the Clean Water Act(33 U.S.C. §§466 et seg.), the Safe Drinking Water Act (14 U.S.C. §§ 1401-1450), The Hazardous Material Transportation act (49 U.S.C. §§ 1801 ft see), The Clear Air Act,and the Toxic Substances Control Act (15 U.S.C. §§ 2601.2629);and d. "Environmental Indemnification." KMRMC shall fully protect, indemnify, and hold harmless Surface Owner and any lot owner who purchases a lot from Surface Owner from any Environmental Claims relating to the P1vpncty or oil and gas leasehold thereunder that arise out of its ownership and operation of the applicable Oil and Gas Operation Areas. Surface Owner shall fully protect, indemnify and bold harmless KMRMC (torn any and all Environment Claims relating to the Aot,esty that arise out of their development of the Property. • 900ZXVd STlTZ 900Z/9Z/T1 ' 'JN111I1SN�J 1 r �'6� 3S x d Z •nZ LZ n.N x 3 .arils MRR.15.2004 10'10RM KERR_MCGEE NQ,4lj5 r'.V/14 30766046 IDII IIIIIIIIIIIIIIIIIIIII Illl� ll1ll llllllllllllIt � na051241201* OI:61P ale ovn N, CO 0 al 13 R 60.00 D 0.0o Steve Moran Clerk&Retarder • 13. EXCLUSION FROM INDEMNITIES. The indemnities of any party herein shall not cover or include any amounts for which the indemnified party may legally recoup from other third party owners without judicial process, or that for which the indemnified party is reimbursed by any third party. The indemnities in this Agreement shall not relieve any party from any obligations to third parties. 14. NOTICE OF CLAIM FOR INDEMNIFICATION. If a Claim is assorted against a party for which another party would be liable under the provisions of Section 11 or 12 above,it is a condition precedent to the indeamiP/ing party's obligations hereunder that the indemnified party give the indemnifying party written notice of such Claim setting forth all particulars of the Claim,as known by the indemnified parry. including a copy of the Claim(if it was a written Claim). The indemnified party shall make a good faith effort to notify the indemnifying party within one month of receipt of a Claim and shall affect such notice in all events within such tune as will allow the indemnifying party to defend against such Claim and no later than three calendar months after receipt of the Claim by the indemnified party. 15. REPRESENTATIONS. The panics represent to one another that each one has the full right and authority to latter • into this Agreement. KMRMC does not represent that it has rights to settle matters for the mineral owners in the Property. KMRMC only has rights as a mineral lessee and this Agreement only pertains to such rights is KMRMC may hold. 16. SUCCESSORS. The terms,covenants.and conditions hereof shall bee binding upon and shall inure to the benefit of the parties and their respective successors and assigns;provided,as to KMRMC, successors and assigns shall be deemed limited ro lessees under the oil and gas lease which KMRMC owns. The rights and obligations provided in this agreement shall benefit and but Surface Owner,its successors and assigns. 17. TERM. This Agreement shall become effective when it is fully executed and shall remain in full force and effect until KMRMC's leasehold estate expires or is terminated, and KMRMC has plugged and abandoned all Wells and complied with the requirements of all applicable oil and gas leases pertaining to removal of equipment, reclamation, cleanup end all other applicable provisions of the leases and existing laws and regulations. When this • 90021 %vd ST:TZ 900Z/9Z/1T MPR.15.2004 10'10PM KERR_MCGEE N0.496 P.10/14 1111111 llill�llllll fl Oil 1DIII Olt Mill Jill llll 8° ty, CO . a o is R �D OO0 Mere MorenoaClerk 6 Rocomer • • Agreement ceases to be in tint form and effect the parties shall execute any and all releases necessary to evidence the fact that this Agreement shall no longer apply to the Property. 18. FORCE MAJEURE. In the event either party is rendered unable by an event of Force Majeure(defined below) to perform, wholly or in part, any obligation set forth in this Agreement, other than the obligation to pay money, then the performance by the affected party will be suspended during the continuance of such event of Force Majeure. The party experiencing an event of Force Majeure shall provide reasonable notice to the other party as soon as possible with all reasonable dispatch. As used herein, the term "Force Mgjeture" shall mean any act of God, acts of the public enemy, blockages, insurrections, riots, epidemics, landslides, lightening,earthquakes,fires,severe weather,floods,washouts,arrests and restraints of the federal, stale or local government,civil disturbances explosions, breakage or accidents to machinery or lutes of pipe,the binding order of any court of governmental authority which has been resisted in good faith by all reasonable legal means, delay in securing environmental approvals, the inability to obtain necessary supplies, material, equipment, machinery or labor and any other causes, whether of the kind herein enumerated or otherwise not within the control of the party claiming suspension and which by the exercise of due diligence such party is unable to prevent or overcome. 19. NOTICES, • Any notice or ocher communication required or permitted under this Agreement shall be sufficient if deposited in U.S. Mail.postage prepaid,addressed to each of the following: It to KMRMCi Ken•MeGee Rocky Mountain Corporation 1999 Broadway, Suite 3600 Denver,CO 80202 Attention:Director of Lands Denver Basin If to Surface Owner; Northern Colorado Constructors,Inc. Atm:Mr. John Zadel 9075 Weld County Road 19 Fort Lupton,CO 80621 Any party may, by written notice so delivered to the other parties, change the address or individual to which deliver shall thereafter be made. • CO21 XVd 9T:TZ 900Z/9Z/T1 rt • 9NI1lNSN*3 1 [' �'Fl 75 x LZ . •nZ LZ MN x d • AL. PMK.lb.e1004 1y:11PM KERR-MCGEE NO.486 P,11/14 1 1110111111 1111111 01111 1111111111 1111 10 111111 111 1111 3076604 0612412003 04:68P Weld County, CO 10 of 13 R 66.00 0 0.00 Steve Moreno clerk 8 Recorder • 20. WAIVER OF SURFACE DAMAGE PAYMENTS. Surface Owner hereby waives all surface damage payments pursuant to any COGCC or local regulation,state statue,common law or prior agreement for each and every well and related wellsite that is drilled within the Oil and Gas Operation Areas and for each production facility. KMO may provide a copy of this Agreement to the COGCC or to any local jurisdiction,person or entity or any court of law as evidence of tide waiver.The term "surface damage payments"as used herein shall be given the meaning commonly used in the oil and gas industry. 21. RECORDING. This Agreement, any amendment hereto, and any release entered into pursuant to Section 18 above,shall be recorded by KMRMC,which shall provide the other parties with a copy showing the recording infbrmarion as soon as practicable thereafter. 22. ARBITRATION. Any controversy or claim arising out of or relating to this Agreement or the breach thereof, shall be resolved by arbitration administered by the American Arbitration Association under its commercial rules,and judgment on the award rendered by the arbinator(s)may be entered in any court having ju risdiction thereof. 23. APPLICABLE LAW. • This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 24. ENTIRE AGREEMENT, This Agreement sets forth the entire understanding among the patio hereto regarding the matters addressed herein,and supersedes any previous communications,representations or agreements, whether oral or written. This Agreement shall not be amended, except in written form signed by all parties. The parties have executed this Agreement oo the day and year first above written. IIRR-McGEE RO' a UNTAIN CORPORATION By: A CC- Ii ' SP. ^ •ON'` A racy-in_ t • TT0Z XVd 9T:TZ 9002/9Z/TT U • 9NII1flSNI91 ❑.L X •„ ,, ➢)orn�r_„ MAR.15.2004 10:11PM KERR_MCGEE rlu.4eb V.lG/14 11111111i1111111111110111111111111111111111111111 11 et 13 3D 00 Stow Maniac Cle50P Wel0Ciik&Reconlat • KERR•McGEE GATHERING LLC a Colorado limited liability company By its Manager Kerr-McGee Mo :.. , r. .oration By: James . Wason A .• . .y-In•Faet NORTHERN COLORADO CONSTRUCTORS,INC. By: /,'?d„ 4%) ?7 Name . l Title: ACKNOWLEDGEMENTS STATE OF COLORADO CITY AND )ss. COUNTY OF DENVER• The foregoing instrument was acknowledged before me this !fry' 'day of April, 2003, by JAMES P. W. as Attorney-in-Fact for Km-McGee Rocky Mountain Corporation, a Delware • 'II • . "', �,. of that cotporApop, itilE5�my had8 facial seal. xp o� = AAA My co.', .'asian expires: � �y to STATE 1NOti,. '• -? ) SS. COUNTY"�'ll The forego', • . -.t was acknowledged before me thls�day of April,2003 by JAMES P. W• • e . in•Fact for Kerr-McGee Rocky Mountain Corporation,its Manager,for 4)P ?al , LLC,a Colorado limited liability company. CIAW"..•' ti My eommisst''.%1 A .• AG, .. Pub .1 I...� My0flfl a,t3g4NtYJllrml • ZTQ XVd 9T:TZ 9002/9Z/TT ZL xej panda MRR.t5.LO04 10:11PM KERR.MCGEE N0.486 P.13/14 IIIII 1106/21 IiI IIIII IIII 011111111111111111 Hi IIII • 12 of 13 A 00,00 0 0.00 Cleve Moreno Clerk tt Recorder • STATE OF COLORADO ss, COUNTY OF fe..o, ) f�° • ++ was acknow ged before me this ��'day of April 2003, by The/��1e 3/ .A.( as �/l0li .v� for Northern Colorado Co ate a Colorado corporation,on behalf of that corporation. Witness my hand and official seal. As4,4 �/ / Public '''''' Mycommissionexpires: /off//%"n , ¢C'•.. 0; Ctc 't + it 't, :~� st • CTO XVd $11:1Z 9002/9Z/TT El ' • 0041;.1-52T°4 200a 10:1341I I'WA1Ii lIii"II'l'II"VIII'IillI III l'I{Il+rl I i'I nu 4Sb Y.14/14 30766. 06124/2003 04:ISOP Welt County, CO 13 01 13 R 05.00 0 0.00 Stove Moreno Clerk&Retorter . I i 1 i 1 I 1 — -- - — pp i t I 1. 1 t,i f I 11 ._ I _._. .... . ... .. . _ . I Ili t; 1 1 I ( _ Iiil __ t • ' j`f �� ' � .1.. .� II E.^y. i ' I 1 • I liI \ { 1 i li {; i� . II I 1 iilThT1 a ��.. II try I I I ! , I Sj1 . I 1 0 ! 1 �y_1 11 II^'111111 i11 la�rrrrr n.Naha iFb Me. • CTOre) DJ 9I:TZ 900E/9Z/IT VI .ONII1N NO0 1 r : 0t;e Tg xej LZ:6 9002 LZ ^0Nxej pants • L SURFACE USE AGREEMENT rJ 4'.e -2,e47.3 This Surface Use Agreement("Agreement")is made this // day ofAgcilQ000,by and between K.P. Kauffman Company, Inc. (KPK), a California company authorized to do business in Colorado and • whose address is 1675 Broadway, Suite 2800, Denver, Colorado 80202-4628 and Northern Colorado Constructors,Inc.,(hereinafter referred as"Surface Owner"),with an address of 9075 Weld County Road 19, Fort Lupton, Colorado 80621. A. Surface Owner is the surface owner of a parcel of land located on the following described land located in Weld County, Colorado(which will hereinafter be called the "Property,"to win. Section 24,T2N,R67W of 6`"P.M E/2 , SEl4 The Property is further described on Exhibit "A" attached hereto and incorporated herein by reference. B.Surface Owner's right to develop the surface is subject to the rights of the oil and gas mineral estate of which a portion is now owned by ICPK; C. Surface Owner will apply for and obtain minin', nermit.c for a sand and ',ravel mining and processing operation known as the NCCI Pit#1 ("Mine")in accordance with the platt set forth in Exhibit"A"; D. KPK has the right to explore for and produce oil and gas from the Property. includine but not limited to operate,deepen,drill, recomplete, rework, twin the already existing Glen Horton#1 and#2 wells on the Property (Existing Wells). E.This Agreement sets forth the parties rights and obligations regarding the relationship between the development of the Property by Surface Owner and KPK operation and development of its oil and gas leasehold estate. • Now therefore, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the panics agree as follows: 1.Existing Oil and Gas Operations Areas: Surface Owner shall provide KPK an area of not less than the area described on Exhibit"A"as the"Oil and Gas Operations Area",but in no event shall the Oil and Gas Operations Area be less than 150 feet radius surrounding the Existing Well for any oil and gas operations to be conducted by KPK in connection with any Existing Wells, including, but not limited to lease operating activities, workovers, well decpenings, recompletions and fracturing. Surface Owner agrees that it will not build or install any object or obstruction either above orbelow the surface within150 feet of any Existing Well, including but not limited to buildings, sand or gravel piles, extraction equipment,and pipelines. The Oil and Gas Operations Area surface height and level existing at the time of the execution of this Agreement shall not be changed by Surface Owner without written permission of KPK. 2. Future Wells. KPK shall have the right to drill Future Wells (including horizontal and directional wells that produce from and drain or inject into the Property and land other than the Property)at any locations Pagel of 8 • within any of the Oil and Gas Operations Area shown on Exhibit"A." KPK shall not otherwise have the right to drill Future Wells on the Property which are not within an Oil and Gas Operations Area.. 3. Ingress and Egress. • a. Surface owner shall at all times provide to KPK no less than a 30 foot wide easement for ingress and egress to the existing Oil and Gas Operations Areas. Surface Owner shall be solely responsible to assure that the 30 foot width shall be maintained at all times. KPK shall maintain access roads at its sole cost during the period of time that it conducts operations on the Property using such ingress and egress. b. Ingress and egress to the existing Oil and Gas Operations Area as show on Exhibit"A" may be changed by mutual agreement of Surface Owner and KPK provided in the case of such a change,all costs and expenses of the relocation shall be born solely by the party requesting the change.. c.If the Surface Owner desires to mine within 150 feet of any Existing Well,the Surface Owner chap submit a written plan to KPK for satisfactory operation of any well,access and deployment of a workoverrig and emergency vehicle to any well. (Plan). In no event shall the Surface Owner be permitted to mine within an 80 foot radius of any Existing Well. The Plan shall provide for the mining of sand and gravel in pie shape wedges to within a 80 foot radius of the well which after mining the affected area shall be backfilled and compacted to 90% compaction or KPK approval of the original contours of the Property at the time of the execution of this Agreement. No wedge shape mining shall be such that KPK cannot continue to produce its Existing Wells and if necessary access any Existing Well with a workover rig. Whether or not to approve such a Plan in whole or in pan shall be in the sole discretion of KPK. 4.Batteries and Equipment(Production Facilities). KPK shall have the right to locate,build, repair and maintain tanks,separators.dehydrators. compressors and other equipment reasonably appropriate for the operation and production of the Existing Wells or Future Well within the Oil and Gas Operations Areas, including a road way of sufficient width and turning radius to accommodate a semi-truck to remove the crude oil. In no event shall such area be less than 75 feet from the battery. 5. Flowlines and Pipelines. a. KPK has the right CO lay flowlines and pipelines which to the extent possible will be located under roads for ingress and egress to the existing Oil and Gas Operations Areas. All pipelines shall be located to a surface depth of approximately 48 inches from the final grade elevation. Flow lines, which are defined as those lines which carry water any/or hydrocarbons to or from the Existing Wells,shall be buried to a surface depth of at least 48 inches. The construction and burying of flowlines and pipelines shall be at the sole cost and expense of KPK or its eas purchaser. unless Surface Owner requests that such flowlines or pipelines be moved from their present position at the time of the execution of this Agreement,then such costs shall be paid for by the Surface Owner. b. Surface Owner will not allow any extraction to occur, commencing at the surface of the original ground closer, than 25 feet from any flowline or pipeline. The Surface Owner shall maintain a side wall of sufficient distance and angle to assure that such 25 feet shall be maintained at all times. Page 2 of 8 - I c. Surface Owner shall nor allow any stockpile of soil exceeding 5 feet in depth to be placed over any flowline, provided however, if the flowline or pipeline is within the ingress and egress areas, no stockpile of any sort shall be placed in such area. • d. When crossing a KPK flowline or pipeline with heavy equipment, like earth moving equipment,the Surface Owner will maintain aminimum of four foot and a makimum of 6 foot of din coverage in addition to the existing cover over the flowline or pipeline. When crossing KPK's pipelines with trucks and lighter equipment,the Surface Owner will maintain a minimum of two foot and a maximum of 6 foot of din coverage in addition to the existing cover over the flowline or pipeline. e. The depth of cover over the KPK flowlines or pipelines shall not be reduced or drainage altered without KPK's written approval. f. Surface Owner shall not issue any right,permit, or easement unless such right,permit or easement requires any third party's flowline or pipeline crossing KPK's flowlines or pipelines to be buried a minimum of 1 8"inches beneath KPK's flowlines or pipelines.In no event shall an electrical line of any kind be buried in such area without written permission of KPK. Any parallel flowlines or pipelines must maintain a minimum 10 foot separation, unless KPK grants a lesser distance of separation in writing. The Surface Owner will request all utility companies contact KPK prior to laying any such lines. nor shall the plan ng of trees and shrubs Constructio n of any permanent structure within KPK's pipeline easement is not permitted, be permitted. h. The Surface Owner understands that KPK by federal law, must mark the routing of its underground facilities with aboveground markers and maintain those markers. Surface Owner agrees that such markers may be installed and maintained. i. In the event that Surface Owner does not maintain the above standards or damages any of KPK's facilities, while conducting its mining operations,then KPK shall have the right to undertake to uphold those standards and/or mitigate any such damage and the Surface Owner shall reimburse KPK all of its costs of relocation,. replacement or repair. 6.Notice to Subsequent Purchasers. Surface Owner shall furnish all buyers of the Property with a plat or map showing the access roads, the Oil and Gas Operations Areas, production facilities and other related facilities. In addition, the Surface Owner shall provide notice to all builders, homeowners and other buyers of any portion of the Property from Surface Owner that; a. There will be on going oil and gas operations and production in the Oil and Gas Operations Areas on the surface of the Property; b. There may be additional Wells drilled on the Oil an Gas Operations Area; and c.Purchase ofprrtions ofthe Surface Owner's property,as successors in interest to the Surface Owner, will be acquiring all of the Surface Owner's rights under this Agreement and assuming these obligations under taken by the Surface Owner pursuant to this Agreement, including, but not limited to the waiver provisions provided in Section 9 below. Page 3 of 8 ._ 7. KPK Notice. Except in the event of any emergency, or in connection with ordinary scheduled maintenance or normal operations of the Existing or Future Wells batteries, for which not notice will be required and immediate access will be available to KPK,KPK shall provide Surface Owner with at least five business days'prior written notice of any operations in connection with the reworlcing,fracturing,deepening or other operations on any Existing Well or Future Well; provided however that KPK shall provide notice • required by COGCC regulations to Surface Owner of the initial drilling of any Future Wells. The noticeshall describe the proposed starting date, approximate duration and operations intended to be performed. Either party may request an on-site meeting or telephone conference concerning theintended activity,to coordinate access or to discuss any other issues. 8.Drilling and Completion Operations. KPK shall endeavor to diligently pursue any actual drilling operations to minimize the total time period and to avoid rig relocations or sunup dining the course of drilling. Surface Owner waives any objections to continuous (i.e_. 24 hour) drilling operations.KPK will conduct its operations in compliance with the provisions of the rules and regulations of the COGCC set forth in Rule 603, subject to the setback waivers provided in Section 9 below. 9. Setback Requirements. Surface Owner will not locate any permanent or temporary structure which contains an ignition source within 75 feet from the existing Oil and Gas Operations,pipelines or flowlines Since Future Wells maybe located at any location within the Oil and Gas Operations Area, Surface Owner waives the 150-foot setback requirement provided in Rule 603a.(2) of the COGCC rules and regulations insofar as subsequent development may create new surface property lines within 150 feet of any Oil and Gas Operations Area. In the event new high density area rules become applicable to any Future Wells, Surface Owner also waives the high density set back requirements in Rule 603 b.of the COGCC rules and regulations. The waivers provided herein shall be binding upon the successors and assigns of Surface Owner and shall benefit KPK, its successors and assigns under the existing oil and gas leasehold estate. 10. Development Plans. Surface Owner agrees to provide true copies of any proposed Pre_Mining Plan,Mining Plan and Reclamation Plan.KPK agrees that so long as such mining plans are not in conflict with this Agreement,it will not object to any such plan and if requested will provide Surface Owner with written documentation of such. Nothing in this paragraph in any way waives KPK's rights in this Agreement or obligations of the Surface Owner under the terms of this Agreement.Surface Owner acknowledges that KPK may conduct oil and gas activities within the applicable Oil and Gas Operations Areas provided herein and neither shall oppose KPIC concerning such activities before any agency or governmental proceeding if such oil and gas activities are proposed and carried out in accordance with terms of this Agreement 11. Limitation of Liability, Release and Indemnity. O TY SHALL SPECIAL, PUNITIVE, REXEMPLARY,E LIABLE INCIDENTAL, CONSEQUENTIAL OR BE QD TO PAY OR INDIRECT DAMAGES TO ANY OTHER PARTY FOR ACTIVITIES UNDERTAKEN WITHIN THE SCOPE OF THIS AGREEMENT; b. Except as to claims arising from of pollution or environmental damage(which claims are governed by Section 12 below)or out of other provisions of this Agreement(which claims shall be governed by the terms of this Agreement),each party shall be and remain responsible for all liability arising out of the losses, claims,damages, demands,suits, causes of action, fines,penalties. expenses and liabilities,including without limitation attorneys'fees,consultant,expert fees and other costs associated therewith and any fees aria expenses in enforcing this indemnity (all of the aforesaid referred to collectively as "Claims"), arising out of or connected with each such party's ownership or operations on the Property,no matter when asserted,subject to applicable statutes oflimitations.Each parry shall relee.ze defend incle.rnn,fv and hold the ocherpariv.mew officers, directors, employees, successors and assigns ("Indemnified Parties"), harmless against ail such Claims.This provision does not,and shall not be construe to,create any rights in persons or entities not a parry Page 4 of 8 to this Agreement, nor does it create any separate rights in parties to this Agreement other than the rights to be indemnified for Claims as provided herein; c. KPK chill not permit any liens to be filed on or otherwise attach to the Property and in the event any such liens are filed by a person pursuant to any statute or any lien attaches by operation of law or otherwise,KPK shall take all necessary action.at its sole cost and expense,to have such lien discharged and • released as promptly as practicable, except KPK shall have the right to file an operators lien against other owners of the oil and gas leasehold interests to recover amounts owed KPK; and d. Upon the assignment or conveyance of a parry's entire interest in the Property, that party shall be released from its indemnification in Section 11.b above,for all actions or occurrences happening after the assignment or conveyance. 12. Environmental Indemnity. a,The provisions of Section 11 above,except for the definition of"Claims"and"Indemnified Party or Parties,"shall nor apply to any environmental matters, which shall be governed exclusively by the following; b. "Environmental Claims" shall mean all Claims asserted by governmental bodies or other third parties for pollution or environmental damage of any kind arising from operations on or ownership of the Property or ownership of the oil and gas leasehold interest, whichever is applicable,and all cleanup and remediation costs, fines and penalties associated therewith, including but not limited to any Claimc arising from Environmental Laws or relating to asbestos or to naturally occurring radioactive material.Environmental claims shall not include the costs of any teutediation undertaken voluntarily by any party, unless such remediation is performed under the imminent threat of a claim by governmental bodies or other third parties; C. "Environmental Laws" shall mean any laws, regulations, rules. ordinances, or other governmental authority(ies),which relate to or otherwise impose liability,obligation,or standards with respect to pollution or the protection of the environment, including but not limited to. the Comprehensive Environmental Response, Compensation and Liability Act of 1980,as amended(42 U.S.C. § 9601 ems.), the Resource Conservation and Recovery Act of'1976(42 U.S.C. §§ 6901 et.seq.),the Clean Water Act(33 U.S.C. 466 et. se the Safe Drinking Water Act (14 U.S.C. §§ 1401:1450), The Hazardous Material Transportation Act(49 U.S.C. §§ 1801 er. seg.),The Clear Air Act, and the Toxic Substances Control Act(15 U.S.C. §§ 2601-2629); and d. KPK a are es to fully protect,indemnify,and hold harmless Surface Owner and any lot owner who purchases a lot from Surface Owner and its Indemnified Parties from any Environmental Claims relating to the Property or oil and gas leasehold thereunder that arise our of its ownership and operation of the applicable Oil and Gas Operations Areas, flowlines and pipelines or any such claims resulting from acts or KPK,its employees and agents. Surface Owner shall fully protect,indemnify and hold harmless KPK and its Indemnified Parties from any and all Environmental Claims relating to the Property that arise out of their development of the Property or any such claims resulting from the acts of the Surface Owner, its employees and agents. 13. Exclusions from Indemnities. The indemnities of any parry herein shall not cover or include any amounts for which the Indemnified Party may legally recoup from other third party owners without judicial process, or that for which the Indemnified Party is reimbursed by any third parry. The indemnities in this Agreement shall not relieve any party from any obligations to third parties. Page 5 of 8 14. Notice of Claim for Indemnification_If a Claim is asserted against a party for which another party would be liable under the provisions of Section 11 or 12 above,it is a condition precedent to the indemnifying party's obligations hereunder that the Indemnified Party give the indemnifying party written notice of such • Claim setting forth all particulars of the Claim,as known by the indemnified party, including a copy of the Claim (if it was a written Claim). The Indemnified Party shall make a good faith effort to notify the indemnifying party within one month of receipt of a Claim and shall affect such notice in all events within such time as will allow the indemnifying party to defend against such Claim and not later than three calendar months after receipt of the Claim by the Indemnified Party. Indemnified Party shall forward the originals or adequate copies of all materials received concerning the claim as soon as reasonably possible. 15. Representations. The parties represent to one another that each one has the full right and authority to enter into this Agreement KPK does not represent that it has rights to settle matters for the mineral owners in the Property. KPK has only the right as a mineral lessee and this Agreement only pertains to such rights as KPK may hold. 16. Successors and Assigns. The terms,covenants,and conditions hereof shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns; provided, as to KPK, successors and assigns shall be deemed limited to lessees under the oil and gas lease which ICPK owns.The rights and obligations provided in this Agreement shall benefit and burden Surface Owner.its successors and assigns. 17. Term. This Agreement shall become effective when it is fully executed and shall remain in full force and effect until KPK's leasehold estate expires or is terminated, and Existing or Future Wells are plugged and abandoned and KPK has complied with requirements of all applicable oil and gas leases pertaining to removal of equipment,reclamation,cleanup and all other applicable provisions of the leases and existing laws and regulations. When this Agreement ceases to be in full force and effect, the parties shall execute any and all releases necessary to evidence the fact that this Agreement shall no longer apply to the Property. • 18.Force Majeure. In the event either party is rendered unable by an event of Force Majeure(defined below) to perform,wholly or in part. any obligation set forth in this Agreement, other than the obligation to pay money then the performance by the affected party will be suspended during the continuance of such event of Force Majeure.The party experiencing an event of Force Majeure shall provide reasonable notice to the other party as soon as possible with all reasonable dispatch. As used herein, the term"Force Majeure" shall mean any act of God,acts o£the public enemy,blockages,insurrections,riots,epidemics,landslides,lightning, earthquakes, fires,severe weather,floods, washouts, and restraints of the federal, state or local government, civil disturbances,explosions,breakage or accidents to machinery or lines of pipe, the binding order of any court of governmental authority which has been resisted in good faith by all reasonable legal means,delay in securing environmental approvals,the inability to obtain necessary supplies,material,equipment,machinery or labor or any other causes (other than the failure to pay money),whether of the kind herein enumerated or otherwise not within the conlrol of the party claiming suspension and which by the exercise of due diligence such party is unable to prevent or overcome. Page6of 8 • 19.Notices. Any notice or other communication required or permitted under this Agreement shall be sufficient if deposited in U.S. Mail, postage prepaid or by sent by facsimile transmission addressed as following: • If to KPK: K.P. Kauffman Company,Inc. 1675 Broadway, Suite 280O Denver, CO 80202 Attention:Kevin P. Kauffman Facsimile No. 303-825-4825 if to Surface Owner Northern Colorado Constructors, Inc. 9075 Weld County Road 19 Ft.Lupton,CO 80621 Attention John 7.adel Facsimile No. 303-857-2933 Any notice shall be considered to have been sent and deliver,when hand delivered by whatever means:three days after the same is deposited in the U.S. Mails as described above, or when received via facsimile on the recipients fax facilities (as confirmed on the fax facilities of the notifying party. Any party may,by written notice so delivered to the other parties change the address or individual to which deliver shall thereafter be made. 20.Waiver of Surface Damage Payments. Surface Owner hereby waives all surface damage payments pursuant to any COGCC or local regulation. state statue,common law or prior agreement for each and every well and related well site that is drilled within the Oil and Gas Operations Areas and for each production facility. KPK may provide a copy of this Agreement to the COGCC or to any local jurisdiction,person or entity or any court of law as evidence of this waiver."Surface damage payments"as used herein shall be given the meaning commonly used in the oil and gas industry. 21. Recordine. This Agreement, any amendment hereto, and any release entered into pursuant to Section 18 above, shall be recorded by KPK, which shall provide all other parties with a copy showing the recording information as soon as practicable thereafter. 22. Arbitration. Any controversy or claim arising out of or relating to this Agreement or the breach thereof, shall be resolved by arbitration administered by the American Arbitration Association under its commercial rules and judgment on the award rendered by the arbitrator(s)may be entered m any court having jurisdiction thereof. 23.Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Page 7 of 8 • 24. Entire Agreement. This Agreement sets forth the entire understanding among the parries hereto regarding the matters addressed herein, and supersedes any previous communications, interpretations or agreements,whether oral or written.This Agreement shall not be amended,except in written form signed by all parties. • The parties have executed Agreement on the day and year first above written.. K.P. KAUFFMAN COMPANY, INC By: Title: SURFACE OWNER: NORI IihRN COLORADO CONSTRUCTORS,INC. Name: By: STATE OF COLORADO CITY AND COUNTY OF DENVER) The foregoing instrument was acknowledged before me this day of , 2003, by as of the K.P. Kauffman Company, Inc. on behalf of that corporation. Notary Public IDWitness my hand and official seal. (SEAL) Notary Public My commission expires: STATE OF COLORADO ) COUNTY OF ) The foregoing instrument was acknowledge before me this day of 200_ by as , of Northern Colorado Constructors,Inc.on behalf of that corporation. Notary Public W7inness my hand and official seal. (SEAL) Notary Public My commission expires: Page 8 of 8 -• • im g Northern Colorado Constructors, Inc. J&T Consulting, Inc. • S ' NCCI Pit Ni 12/16/2006 Reclamation Bond Quantities and Costs tp ©2006 ,J/T Consulting,Inc. 06119 NCCI Pit 1 Roe Bond Cabs Summary of Unit Costs from Technical Revision #2 • Direct costs Re-applying topsoil 12"thick $2,178.00 /acre Revegetating disturbed area $820.00 / acre Dewatering full pit $201.50 / million gallons Liner Cost(see breakdown below) $59.36 / linear foot Mobilization $2,500 lump sum Liner Cost Breakdown Ripping Clay and Shale $7.12 / linear foot Hauling and placement of clay $16.46 / linear foot Hauling and placement of overburden $5.94 / linear foot Blending and moisture conditioning $11.80 / linear foot Compaction to desired density $17.43 / linear foot QA/QC $0.61 / linear foot Total Liner Cost $59.36 / linear foot Overhead and Profit Costs Liability insurance 1.55% of direct cost Performance bond 1.05% of direct cost Profit 10.00% of direct cost • Total Overhead Cost 12.60% of direct cost Proiect Management Engineering and bidding 4.25% of direct cost Management and administration 5.00% of direct cost Total Additional Cost 9.25% of direct cost Additional Unit Costs Direct costs Scarifying Ground $200 /acre • 1 of 5 Northern Colorado Constructors, Inc. S I J&T Consulting, Inc. • NCCI Pit#1 12/16/2006 Reclamation Bond Quantities and Costs tar ©2006 ,J&T Consulfint Inc. 06119 Ica Pd 1 Roc Bond Casa Phase 1 (11.37 acres) Reclamation Operation Quantity Unit Unit Cost Cost Active Mininq Area Permanent liner 2,300 If $ 59.36 $ 136,528 Liner Required to Close Phase 1 885 If $ 59.36 $ 52,534 Topsoil Area Above Water 1.3 ac $ 2,178 $ 2,831 Revegetate Area Above Water 1.3 ac $ 820 $ 1,066 Dewatering of Full Pit 81.5 Mil. Gal. $ 201.50 $ 16,422 Plant Site/Temporary Topsoil Stockpile Areas in Phases 6 8 7 Scarifying Ground in Plant Site Area 4.6 ac $ 200 $ 920 Topsoil Placement in Plant Site Area 4.6 ac $ 2,178 $ 10,019 Revegetate Plant Site Area 4.6 ac $ 820 $ 3,772 Scarifying Ground in Topsoil Stockpile Areas 3.0 ac $ 200 $ 600 Revegetate Topsoil Stockpile Areas 3.0 ac $ 820 $ 2,460 Mobilization 1.00 Is $ 2,500 $ 2,500 Total Direct Cost $ 229,652 Overhead and Profit Cost(12.60%) $ 28,936 Contract Cost $ 258,588 Project Management(9.25%) $ 23,919 • Total Required Financial Warranty For Phase 1 $ 282,508 Phase 2(9.91 acres) Reclamation Operation Quantity Unit Unit Cost Cost Active Mininq Area Liner Required to Close Phase 1 (Credit) 885 If $ 59.36 $ (52,534) Permanent liner 585 If $ 59.36 $ 34,726 Liner Required to Close Phases 1-2 1,350 If $ 59.36 $ 80,136 Topsoil Area Above Water 1.1 ac $ 2,178 $ 2,396 Revegetate Area Above Water 1.1 ac $ 820 $ 902 Dewatering of Full Pit 71.0 Mil.Gal. $ 201.50 $ 14,307 Mobilization 1.00 Is $ 2,500 $ 2,500 Total Direct Cost $ 82,432 Overhead and Profit Cost(12.60%) $ 10,386 Contract Cost $ 92,819 Project Management(9.25%) $ 8,586 Additional Financial Warranty Required For Phase 2 • $ 101,405 6 2 of 5 p = Northern Colorado Constructors, Inc. -- J&T Consulting, Inc. ' NCCI Pit#1 12/16/2006 Reclamation Bond Quantities and Costs 10Y ©2006 JaT Consulting,Inc. 06119 NCCI Pd 1 Roc Bond Calcs Phase 3(8.31 acres) Reclamation Operation Quantity Unit Unit Cost Cost Active Mininq Area Liner Required to Close Phases 1-2 (Credit) 1,350 If $ 59.36 $ (80,136) Permanent liner 1,150 If $ 59.36 $ 68,264 Liner Required to Close Phases 1-3 2,020 If $ 59.36 $ 119,907 Topsoil Area Above Water 1.25 ac $ 2,178 $ 2,723 Revegetate Area Above Water 1.25 ac $ 820 $ 1,025 Dewatering of Full Pit 58.8 Mil. Gal. $ 201.50 $ 11,848 Mobilization 1.00 Is $ 2,500 $ 2,500 Total Direct Cost $ 126,131 Overhead and Profit Cost(12.60%) $ 15,892 Contract Cost $ 142,023 Project Management(9.25%) $ 13,137 Additional Financial Warranty Required For Phase 3 $ 155,161 _ Phase 4(8.13 acres) • Reclamation Operation Quantity Unit Unit Cost Cost Active Mining Area Liner Required to Close Phases 1-3 (Credit) 2,020 If $ 59.36 $(119,907) Permanent liner 1,335 If $ 59.36 $ 79,246 Liner Required to Close Phases 1-4 2,290 If $ 59.36 $ 135,934 Topsoil Area Above Water 1.4 ac $ 2,178 $ 3,049 Revegetate Area Above Water 1.4 ac $ 820 $ 1,148 Dewatering of Full Pit 58.3 Mil. Gal. $ 201.50 $ 11,747 Mobilization 1.00 Is $ 2,500 $ 2,500 Total Direct Cost $ 113,717 Overhead and Profit Cost(12.60%) $ 14,328 Contract Cost $ 128,046 Project Management(9.25%) $ 11,844 I Additional Financial Warranty Required For Phase 4 $ 139,890 0 3 of 5 1 Northern Colorado Constructors, Inc. ' J&T Consulting, Inc. • NCCI Pit#1 12/16/2006 Reclamation Bond Quantities and Costs tpy ©2006 J!T Consulting.Inc. 06119 NCCI Pd 1 Rec Bond Cats Phase 5(7.44 acres) Reclamation Operation Quantity Unit Unit Cost Cost Active Mining Area Liner Required to Close Phases 1-4(Credit) 2,290 If $ 59.36 $(135,934) Permanent liner - If $ 59.36 $ - Liner Required to Close Phases 1-5 2,375 If $ 59.36 $ 140,980 Topsoil Area Above Water 1.1 ac $ 2,178 $ 2,396 Revegetate Area Above Water 1.1 ac $ 820 $ 902 Dewatering of Full Pit 53.3 Mil.Gal. $ 201.50 $ 10,740 Mobilization 1.00 Is $ 2,500 $ 2,500 Total Direct Cost $ 21,583 Overhead and Profit Cost(12.60%) $ 2,720 Contract Cost $ 24,303 Project Management(9.25%) $ 2,248 Additional Financial Warranty Required For Phase 5 S 26,551 • Phase 6(11.00 acres) Reclamation Operation Quantity Unit Unit Cost Cost Active Mininq Area Liner Required to Close Phases 1-5(Credit) 2,375 If $ 59.36 $(140,980) Permanent liner 1,385 If $ 59.36 $ 82,214 Liner Required to Close Phases 1-6 1,160 If $ 59.36 $ 68,858 Topsoil Area Above Water 1.5 ac $ 2,178 $ 3,267 Revegetate Area Above Water 1.5 ac $ 820 $ 1,230 Dewatering of Full Pit 78.8 Mil. Gal. $ 201.50 $ 15,878 Mobilization 1.00 Is $ 2,500 $ 2,500 Total Direct Cost $ 32,966 Overhead and Profit Cost(12.60%) $ 4,154 Contract Cost $ 37,120 Project Management(9.25%) $ 3,434 (Additional Financial Warranty Required For Phase 6 $ 40,554 • 4 of 5 q ei Northern Colorado Constructors, Inc. _a IP � ' J&T Consulting, Inc. NCCI Pit qt 12/16/2006 Reclamation Bond Quantities and Costs 1Pr ©2006 AT Consulting,Inc. 06119 NCCI Pa 1 Roc Bond Cale Phase 7(7.7 acres) (Reclamation Operation Quantity Unit Unit Cost Cost I Active Mining Area Liner Required to Close Phases 1-6(Credit) 1,160 If $ 59.36 $ (68,858) Permanent liner 1,170 If $ 59.36 $ 69,451 Topsoil Area Above Water 1.2 ac $ 2,178 $ 2,614 Revegetate Area Above Water 1.2 ac $ 820 $ 984 Dewatering of Full Pit 55.2 Mil. Gal. $ 201.50 $ 11,123 Mobilization 1.00 Is $ 2,500 $ 2,500 Total Direct Cost $ 17,814 Overhead and Profit Cost(12.60%) $ 2,245 Contract Cost $ 20,059 Project Management(9.25%) $ 1,855 'Additional Financial Warranty Required For Phase 7 $ 21,914 • 5 of 5 STATE OF COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources Sherman St.,Room 215 COLORADO 3 tenver,Colorado 80203 DIVISION Of Phone:(303) 866-3567 RECLAMATION FAX:(303)832-8106 MINING st— SAFETY December 22, 2006 Bill Owens Governor Mr. Chris Zadel Russell George Northern Colorado Constructors, Inc. Aggregate Div. Executive Director 9075 WCR 10 Ronald W.Cattany Ft. Lupton, CO 80621 Division Director Natural Resource Trustee RE: NCCI Pit#1, Permit No. M-2001-107 Technical Revision 03 Dear Mr. Zadel, The Division received your adequacy responses regarding NCCI's Technical Revision 03 (TR- 03). The Division has the following questions that need to be addressed prior to approval of the revision. 1. NCCI submitted a map depicting 8 monitoring well locations and provided water level readings for the wells. Please provide the Division with a monitoring plan, including the parameters to be monitored and the timing of well data submittal. Typically field parameters are obtained and submitted with the annual reclamation report. 2. J&T Consulting, Inc. made recommendations for monitoring slope stability at the NCCI pit. Please state if the operator intends to follow the recommendations noted in the Slope Stability Report. Please be advised that Division's decision due date is set for January 5, 2007. If you feel more time is needed to complete your reply, the Division can grant an extension to the decision date. This will be done upon receipt of a written waiver of your right to a decision by January 5, 2007 and request for additional time. This must be received no later than the deadline date. If you have any questions, please contact me at (303) 866-4943. S' ce ely, - Erica Crosby Environmental Protection S ecjcialis • cc: Carl Mount; DMG Todd Yee,J&T Consulting, Inc. Office of Office of Minnrl I and Rnrlamatinn 1 1 14 1 J&T Consulting, Inc. • January 3, 2007 Erica Crosby Environmental Protection Specialist State of Colorado Division of Reclamation, Mining, & Safety 1313 Sherman Street — Room 215 Denver, CO 80203 RE: NCCI Pit #1, Technical Revision No. 3 Adequacy Review Response Questions File No. M-2001-107 Dear Ms. Crosby, We have received the questions that the Division has regarding NCCI's Technical Revision No. 3 adequacy review response. NCCI offers the following response to the two questions that the Division requires be addressed for the NCCI Pit #1 Technical Revision No. 3 request to be • approved: 1. NCCI submitted a map depicting 8 monitoring well locations and provided water level readings for the wells. Please provide the Division with a monitoring plan, including the parameters to be monitored and the timing of well data submittal. Typically field parameters are obtained and submitted with the annual reclamation report. NCCI will be implementing recharge ditches/ponds around the perimeter of the mine to minimize the affect that dewatering activities will have on the surrounding aquifer. NCCI intends to construct the recharge ditches/ponds and begin the recharge activities as soon as possible. It will take approximately 30 days for the cone of depression/radius of influence to stabilize after the recharge ditches/ponds have been implemented. Once the recharge ditches/ponds are in use and the cone of depression/radius of influence has stabilized NCCI will begin measuring and recording the groundwater depths in each of the monitoring wells. For the first year after the recharge ditches/ponds are in use the groundwater depths will be measured and recorded at least monthly in each well to establish what the seasonal groundwater levels are for the stabilized cone of depression/radius of influence. These measurements will be used as a benchmark for maintaining the groundwater levels in subsequent years. After the first year the groundwater depths will be measured and recorded on the same schedule to verify that the benchmark depths are being maintained. It is NCCI's goal to maintain • the groundwater depths within one to two feet of the benchmark depths. If the measured groundwater depths are seen to be outside that range for any area, NCCI will increase the 1400 W 122nd Avenue—Suite 120•Westminster CO 80234•Ph: 303-457-0735•Fax: 303-920-0343 NCCI Pit#1, Technical Revision No.3 Adequacy Review Response Questions,File No. M-2001-107 1/3/2007 -2- • amount of recharge in that area and measure the groundwater depths in that area weekly until the groundwater depth has returned to the benchmark level. NCCI will submit the measurements of the groundwater monitoring wells yearly with the annual reclamation report. 2. J&T Consulting,Inc. made recommendations for monitoring slope stability at the NCCI pit. Please state if the operator intends to follow the recommendations noted in the Slope Stability Report. NCCI intends to follow the recommendations for monitoring the slope stability at the pit per the Slope Stability Report. NCCI appreciates your consideration of these responses to your questions and looks forward to your response. Please feel free to contact me with any questions or comments. Sincerely, • Todd Yee J&T Consulting, Inc. Cc: Northern Colorado Constructors, Inc. File • 1400 W 122`"Avenue—Suite 120•Westminster CO 80234• Ph: 303-457-0735• Fax: 303-920-0343 STATE OF COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources 313 Sherman St.,Room 215 -�. enver,Colorado 80203 COLORADO Phone:(303)866-3567 DIVISION OF FAX:(303)832-8106 RECLAMATION MINING &_ SAFETY January 4,2007 Bill Owens Governor Mr.Chris Zadel Russell George •Northern Colorado Constructors,Inc. Aggregate Div Executive Director 9075 WCR 10 Ronald W.Canany Ft. Luton CO 80621 tal Director urc Lupton, Natural Resource Trustee Re: NCCI Pit#1,Permit No.M-2001-107,Technical Revision Approval,Revision No.TR-3 Dear Mr.Zadel: On January 4, 2007 the Division of Reclamation, Mining and Safety approved the Technical Revision application submitted to the Division on October 10, 2006,addressing the following: Revise the mining reclamation plans and the financial warranty required for the reclamation of each phase of mining. The terms of the Technical Revision No. 3 approved by the Division are hereby incorporated into Permit No. M-2001- .107. All other conditions and requirements of Permit No. M-2001-107 remain in full force and effect. The new estimated financial warranty for the site is in the amount of$767,983.00. If you have any questions,please contact me at(303) 866-4943. Sin el , v • Erica S. Crosby Environmental Protection Specialist cc: Carl Mount,DRMS Elizabeth Shelton, DRMS Todd Yee; J&T Consulting, Inc. • Office of Office of Mined Land Reclamation 1 - • • • I • !ROGATION twat r I • 1 �_ • • . , // rB-z \. 1 rR0/cR r 1 �.' 9 • ooeDeR OP-2 ‘ •• / TB� i 1 10 s ill 1 i ,1 I /� TB4 N / i //2 6 n N I 1 y o i //% tic 1 !� / I j 0 1 4 I ` WrrLANo ARen \ BP 6 \\ , 3 0I� TB� I 0 II / Ii i / • I� 7 / I O (. • • t...\\,, rote B I O / / TB.BEzzi I BPtJ A R.,I, IS ire-7 i O I, j B® 1 I _.I. ..__.__•-IRR/GATIONOIr __...,.__...-...- _- WELD COUNTY ROAD 18 I LCGCND APPROXIMATE LOCATION OP S TE5TBORINGDRILLEDON F 400 ,00 2C0 too 0 400 ROLLINCON5ULTING aoo YIAY 14820,Fff) GRAVEL 5TUDY I APPROXIMATE LOGATIONOP Bn RJIOt rrrs CXG WELD COUNTY ROAD518 8 29 MATCD WELD GOUMY,COLORADO MAY 14,P-199 FIGURE 1:DOR/N6 LOCATVN PLAN er.pe, H.n.9e. C5W v.afc w. 2270 9781 • tent,. CZo lrerracan sc.. F-10a earned h Cry We lren.eatl Flea, lid' 6/2/`19 l Oru.n oep FOR CON9>RGToNN PURIO9tl RO CH$ 4 2299 98 Approved ay CAW Loam J0J-)J6-]921 axial She e1 xe! d, • • LOG OF TEST BORING NO. TB-2 Page 1 of •OWNER/CLIENT ARCHITECT/ENGINEER Rollin Consulting I SITIJorthwest corner of Weld County Roads ]8 and 25 PROJECT Weld County, Colorado Proposed Gravel Pit SAMPLES TESTS ' I Cy� g 0 tR r OUT zm O O b ,0 DESCRIPTION I z in Z'NF VOr` i ii ec,[4W � aApprox. Surface Elev.: Grade ft. c i I- a.m I o- =u v u .. a,u- I 0.a 0.5\TOPSOIL r— od:' °'0'. . .C = � 41j :d ;etc. 5 - SP SS 6/12 OQa °O.° _ OQ.d — u'a::p I 0'Q:d 10 SS 5/12 90:;:,.. — _ ?B oa I .14 d d , SS 20/12 Q d 15 °&..1;..9 — ?'; ! SAND WITH GRAVEL. slightlysilty, O VEL, sli tl more jo°a d° and larger gravel with increasing depth, _ q 20 rusty brown,orange, moist to wet,loose = 6 l to dense. .41:362 _ °,D::: 25 SS 31/12 = O:e a:6:d - ?o:? — I a4.d _ !°a:, 30.2 d:d °....° n fierirp�y 33.0 35.0 S.J AYSTONE,silty, moderate plasticity, gray,slighlty moist. 35— BOTTOM OF BORING THE STRATIPICATION LINES REPRESENT niE APPROXIMATE BOUNDARY LINES BETWEEN SOIL AND ROCK TYPES: IN-SITU,THE TRANSn'ION MAY BE GRADUAL. WATER LEVEL OBSERVATIONS BORING STARTED 5-1499 WL 3Z 5/14199 3' T 521/99 3' BORING COMPLETED 5-1499 •t' olierracon RIG Mobile B47 FOREMAN DJD WI. APPROVED ESW JOB// 22995081 • • LOG OF TEST BORING NO. TB-3 Page 1 of 1 OWNER/CLIENT ARCHITECT/ENGINEER Rollin Consulting =Northwest corner of Weld County Roads 18 and 25 PROJECT Weld County, Colorado Proposed Gravel Pit SAMPLES TESTS I ,a DESCRIPTION m F ui n Z y X y w a. i �2g Sq< i2 H m y p y Z „, ...�] C w rig' a Zp >. Gvk 5g< tic o Approx. Surface Elev.: Grade ft. IS z ti :Lim R f:12 E°u ° .E 0.5\TOPSOIL 3 jLEAN TO FAT CLAY W['I'H SAND, Silty �b-CH -SS 5/12 Sand lenses, with gravel below 5', gray brown,rust, moist to wet,medium stiff — 10.0 to very soft. SS 1/12 Det.v. 10 — ap_ _ a 15 — D SP SS larl£ I O o.o:a ._ _ iT 20-3°Oo CAND WITH GRAVE!,slightly silty, more off : and larger gravel with increasing depth, 0.4 rust brown, orange, wet, medium — Ar7 Y B — ° dense. — Ob. — SS 25/12 a': A 25 co:e, -- D —_ Q9 De a 30.0 30= - • CLAYSTONI;, silty,moderate plasticity, - gray, slightly moist. BOTTOM OF BORING THE STRATIFICATION LINES REPRESENT'THE APPROXIMATE BOUNDARY LINES BETWEEN SOIL AND ROCK TYPES: IN-SITU.THE TRANSITION MAY BE GRADUAL. WATER LEVEL OBSERVATIONS BORING STARTED 5-14-99 2 5/14/99 3' = 5/21199 3' COMPLETED ¢99 A 1 [err BORING 5-1acon RIG Mobile B-57 FOREMAN DJD WL APPROVED ESW JOB# 22995081 ! .. i • • I LOG OF TEST BORING NO. TB-4 Page 1 of 1 . OWNER/CLIENT ARCHITECT/ENGINEER Rollin Consulting I srrworthwest corner of Weld County Roads 18 and 25 PROJECT Weld County, Colorado Proposed Gravel Pit I SAMPLES TESTS O _ C C O wZ� ZW s DESCRIPTION SC p� t pw u, Z'^X y 0V<(yap sS y Yl y 7 W Z�6 .,dSE ,.7 m g uZ w Approx. Surface Elev.: Grade ft. W z it. a S Z c k 6°G.0'0 ;*9 .Ir I r,i o S OS\ �— C1-CH LEAN TO FAT CLAY WITH SAND, dark[ —SM 4.0 rusty brown, very moist. IP `SILTY SAND, slightly clayey,gray,pink r — SP SS 5112 ll brown,rust, moist to wet. J 5 —o>o. _ --.-_a — — o�_e 10 — SS 7/12 P .A .a; .46-0 oQ O - - b' a __ .�a is SS 32/12 Oa 4 _ I _- - Q.veff Q'.9 - I o. ' 20 922:;;;. c SAND WITH J2AVEL, slightly silty,.0.6,S �.e slightly more and larger gravel with pyj. increasing depth,rusty brown, orange, 25— 'O o. wet, loose to dense. 4:"0.:- - ea.* _ °a V o:a. 30— 40. _ pe — !3;15;.-. °o co 35 I u.p.:a - o:. a O;o Q�e _ ' - -.b 40.0 - BOTTOM OF BORING 40— THE STRATIFICATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES BETWEEN SOIL AND ROCK TYPES: IN-SITU,THE TRANSITION MAY BE GRADUAL. WATER LEVEL OBSERVATIONS BORING STARTED 5-14-99 arrWL 4 5/14!993' T 5/21/993' 11'�rracon BORING COMPLETED 5-14-99 MG Mobile B-57 FOREMAN Dm WL APPROVED ESW JOB P 22995081 • • LOG OF TEST BORING NO. TB-5 Page 1 of 1 . OWNER/CLIENT , ARCHITECT/ENGINEER Rollin Consulting I S1T1A1orthwest corner of Weld County Roads 18 and 25 PROJECT Weld County, Colorado Proposed Gravel Pit SAMPLES TESTS, Io _ ', ZO >, m a.y Z UDESCRIPTION s�t ni Z w S .O;y°O Sre S y 0-7 �, uZi it v .l y�re 6 Ug 0- 3 OgW uc Approx. Surface Elev.: Grade ft. a z z It a m f o 2 3°O e cc .4. 0.5\TOPSOn - a :c 2'0\LEAN CLAY WITH SAND, silty,dark 4 CE CH a v D.6: brown,rusty, moist to very moist. — �_ 5 - SP SS 14/12 4 -C OO_ -0V. 0 ' C _ I Q.O: O. 10 .— SS 21/12 °-O'. — G a —_ .Q: 0 2 s:o SS 32/12 °.O: SAND WITH GRAVEL, more and larger 15 l? .a I P. - a gravel with increasing depth,rusty Qe< brown,orange, wet, medium dense to . . .4 dense. — Q.pO 20 b — .Q:j 0). aaI O Q.e. "D.1 25 - SS 39/12 -e. - ..-4 0 27.0 - SS 50/6 — 30.0 CLAYSTONg, silty, moderate plasticity, \ gray,slighlty moist to moist,hard. /--- 30- BOTTOM OF BORING THE STRATIFICATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES BETWEEN SOIL AND ROCK TYPES: IN-SITU,THE TRANSmoN MAY BE GRADUAL. WATER LEVEL OBSERVATIONS BORING STARTED 5-20-99 1r4 5/20/99 2' 7 5/21/99 2' BORING COMPLETED 5-20-99 erracon RIG Mobile B-57 FOREMAN DJD WL APPROVED ESW JOB// 22995081 • • I LOG OF TEST BORING NO. TB-6 Page 1 of 1 •OWNER/CLIENT ARCHITECT/ENGINEER Rollin Consulting I srr northwest corner of Weld County Roads 18 and 25 PROJECT Weld County, Colorado Proposed Gravel Pit SAMPLES TESTS I d o O M >- O`°fS' zm U DESCRIPTION P ui w a N ghl _. O O yZ I o Approx. Surface Elev.: Grade ft. n 7_ z r a m li gie E85 ;;.° g 0.5 \TOPSOH / — 3.0 LEAN TO FAT CLAY WITH SAND, silty, Ch CH 'Q.e \ dark brown,gray brown, moist to wet. i _ CIO 5 — SP SS 4/12 .- a — O:e, — I Q oa SS 26/12 ap.. 10 Q O — I b:Q. °a .P4.:• _ — SS 24/1L °O'o` IS -0 I '9,e,. 0 - e: .i4'o.a SAND WITH GRAVEL, slighlty silty, more __ °C . and larger gravel with increased depth, 20— o a �'5:45: rusty brown, orange,wet, loose to 2 v:a medium dense. no.o 4 p _ ID tl T LJ 2 a. 0e _ 1Oe- : _ 14:.0": a.er oQ.a - oa: . — o - 9O:' 34.0 • - # 35.° CLAYSTONF,silty, moderate plasticity, 1 35— gray, slightly moist. BOTTOM OF BORING THE STRATIFICATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES BETWEEN SOIL AND ROCK TYPES: IN-SITU,THE TRANSITION MAY BE GRADUAL. WATER LEVEL OBSERVATIONS BORING STARTED 5-14-99 It2 5/14/99 3' E Sa1199 3' BORING COMPLETED 5-14-99 4 1 err acon RIG Mobile B-57 FOREMAN DJD WL APPROVED ESW JOB# 22995081 • • LOG OF TEST BORING NO. TB-7 Page 1 of 1 ip OWNER/CLIENT ARCHITECT/ENGINEER Rollin Consulting sITTgorthwest corner of Weld County Roads 18 and 25 PROJECT Weld County, Colorado Proposed Gravel Pit SAMPLES TESTS s 0 0 ee a owa zla m DESCRIPTION I^ Ia y z w z 4 O a. a y m g3 it, o rz Fom a O g u. zg r� �if� < w, a. o Approx. Surface Elev.: Grade ft. c Z z d m .°E 82 E$ ail i i_ ' 0.5 \TOPSOH - 23 LEAN TO FAT CLAY WITH SAND,silty,' = SP :a�` , dark gray brown,moist to wet. - c.'d.e 4 :'z 5 - SP SS 14/12 a. t ': 9 - .0.-6/1 -0, C D.e; dQ.y 10 — SS 24/12 oac — — n6-e _ I ea o n.a , Oec SAND WITH GRAVEL, slightly silty, more 15 - SS 39/12 : . 44e - o4�:' and larger gravel with increasing depth, 1.'.4..' rusty brown,orange, wet, medium dense of to dense. _ ..t0: to:.-, 20 - .04.:4 c -O 4.4.l 'ao 26.0 25- CLAYST0NE,silty,moderate plasticity, '. l 30.0 gray, slightly moist. - • r 30— BOTTOM OF BORING THE STRATIFICATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES BETWEEN SOIL AND ROCK TYPES: IN-SITU,THE TRANSITION MAY BE GRADUAL. WATER LEVEL OBSERVATIONS BORING STARTED 5-14-99 L 5/14/992' Y 5/21/992' 1 BORING COMPLETED 5-14-99 erracon RIG Mobile 8-57 FOREMAN DJD WL APPROVED ESW JOBp 22995081 • • LOG OF TEST BORING NO. TB-8 page 1 of 1 . OWNER/CLIENT ARCHITECT/ENGINEER Rollin Consulting SlT4J'orthwest corner of Weld County Roads 18 and 25 PROJECT Weld County, Colorado Proposed Gravel Pit SAMPLES TESTS i x Z )- 002 O u DESCRIPTION b g t h t E z i z , N ��tt �a C PE a m Gi3 O wua m• .t o Approx. Surface Elev.: Grade ft. o n' 2 r' Lair,' ci c g 685, s ,, i g ' 0.5\TOPSOA /--- - _ z.") 3.O LEAN TO FAT CLAY WITH SAND, silty,' SP _ — __ \ dark gray brown, moist to wet. /— °41.;:' 5 — SP SS 19/12 a: : a Q.e. a0i o• .a — P:i9•;. '3-54 10 _ "die :4?.... e . Q:e. - c• c 15 — SS 31/12 Q _ .90o_e — .!V;;.••p: Qd:d Qe SAND WITH GRAVEL, slightly silty, more - b'&! and larger gravel with increasing depth, 20- ' °,2::).' — rusty dense brown,orange, wet, medium 0.6:d va__e to dense. _ 4.;i:1 ' o 4� .pQ. P. 25 SS 39/12 _ . . 0'o. _ 0D.i -0 '1 -,o 30= cQ.d ' oQ: �., -o i).4':134.0 - 35.0 CLAYSTONE, silty, moderate plasticity, 35— I 1 gray,slightly moist to moist. J BOTTOM OF BORING I • ITHE STRATIFICATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES • + BETWEEN SOIL AND ROCK TYPES: IN-SITU,THE TRANSrnON MAY BE GRADUAL. WATER LEVEL OBSERVATIONS BORING STARTED 5-20-99 ' sin. S 51201992.5i 1T 5121/952S_ lr�rr�con BORING COMPLETED 5-20-99 e RIG Mobile B-57 FOREMAN DM' WL APPROVED ESW JOB I 22995081 _ LOG OF TEST BORING NO. TB-9 Page 1 of 1 • OWNER/CLIENT ARCHITECT/ENGINEER Rollin Consulting SIT4torthwest corner of Weld County Roads 18 and 25 PROJECT Weld County, Colorado Proposed Gravel Pit SAMPLES TESTS o z r c _o tot } o rz DESCRIPTION E l' r0 is v, zti¢ VOvt 11 5o. m U d zO O aaie zaZ ` gawc O Approx. Surface Elev.: Grade ft. O z ;erg z o 5e 3 $t d3;43 g VC i 03\TOPSOIL — de, 3.5 LEAN TO FAT CJ AY WITH SAND, silty, CECH+ dark gray brown, moist to wet. c___od: ` � 5 — SP SS 5/12 ` D. ., — 0. 6 :Qd, _ Off._ bo.e: 10 SS 17/12 Id.. __ it,b-. _ o c IS SS 29/12 O:o — 4/3. °0.4: lw QQ V' SAND WITH GRAVEL, slightly silty, more _ e, ' od,. and larger gravel with increasing depth, 20 o a :p.e. rusty brown, orange, wet, loose to ° : medium dense, — v ' o ' o' o SS 21/12, 0 0. 25 b: o e.. _ ed . v: av O: 30? Io a.a 33.0 - 35.0 CLAYSTONE,silty, moderate plasticity, =i \ gray,slightly moist to moist. / 35- IBOTTOM OF BORING I THE STRATIFICATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES BETWEEN SOIL AND ROCK TYPES: W-Srru,THE TRANSMON MAY BE GRADUAL. WATER LEVEL OBSERVATIONS BORING STARTED 5-1499 WL2 5/14/99 2' N 5/21/99 2' 1 BORING COMPLETED 5-14-99 E err acon RIG Mobile B-57 FOREMAN DJD IWL APPROVED ESW JOB/t 22995081 - I 1 ' • I• GEOTECHNICAL ENGINEERING REPORT GRAVEL PIT LINER EVALUATION NCCI PIT#1 WELD COUNTY ROAD 18 AND WELD COUNTY ROAD 25 FORT LUPTON, COLORADO TERRACON PROJECT NO. 21025057 May 14, 2002 I iPrepared for • Rollin Consulting ' 840 Eagle Drive Eaton, Colorado 80615 ' Attn: Mr. Ken Rollin, P.E. Prepared by: ' Terracon 10625 West 1-70 Frontage Road North, Suite 3 Wheat Ridge, Colorado 80033 ' Phone: 303-423-3300 Fax: 303-423-3353 i llerracon Form 10t-187 ,• GEOTECHNICAL ENGINEERING REPORT ' GRAVEL PIT LINER EVALUATION NCCI PIT#1 ' WELD COUNTY ROAD 18 AND WELD COUNTY ROAD 25 FORT LUPTON, COLORADO TERRACON PROJECT NO. 21025057 May 14, 2002 INTRODUCTION ' This report contains the results of our geotechnical engineering exploration at the proposed gravel pit to be located at the northwest corner of Weld County Road 18 and Weld County Road 25 in Fort Lupton, Colorado. This study was performed in general accordance with our Proposal Number 21025074 dated April 2, 2002. The purpose of these services is to provide information and geotechnical engineering recommendations relative to: 'I . subsurface soil and bedrock conditions; . groundwater conditions; and • . evaluation of the claystone bedrock materials for use as a potential liner material for the proposed water storage pond. The conclusions contained in this report are based upon the results of field and laboratory testing, engineering analyses, and experience with similar soil and/or bedrock conditions. A previous study was performed by Terracon addressing the development of the proposed t gravel pit, Terracon Project No. 22995081 dated June 2, 1999. Information from the referenced report was used in supplementing this study. ' PROJECT INFORMATION Based on the information provided, we understand that the site is to being considered as a gravel pit, and subsequently as a water storage pond. The claystone bedrock materials are being considered for use as a clay liner for the proposed storage pond to isolate the proposed storage pond from existing groundwater. Maximum water levels within the proposed pond are expected to be on the order of about 30 feet. Geotechnical Engineering Report Terracon • Rollin Consulting Terracon Project No. 21025057 SITE EXPLORATION ' The scope of the services performed for this project included site reconnaissance by an engineering geologist, a subsurface exploration program, laboratory testing and engineering analysis. • • Field Exploration: A total of 5 test borings were drilled on April 12, 2002 to depths of about 38 to 51 feet below existing site grade at the approximate locations shown on the Boring Location Map, Figure 1. All borings were advanced with a truck-mounted drilling rig, utilizing 6-inch diameter hollow stem auger. The borings were located in the field by pacing from property lines and/or existing site features. The accuracy of boring locations should only be assumed to the level implied by the methods used. ' Lithologic logs of each boring were recorded by the engineering geologist during the drilling operations. The subsurface materials overlying the claystone bedrock were visually classified. At selected intervals, samples of the bedrock materials were taken by driving ring barrel samplers. Representative bulk samples of the claystone bedrock materials were also '. obtained from the borings. ' Penetration resistance measurements were obtained by driving the ring barrel into the subsurface bedrock materials with a 140-pound hammer falling 30 inches. The penetration resistance value is a useful index of hardness of the bedrock materials encountered. ' Groundwater measurements were made in each boring at the time of site exploration. tLaboratory Testing: All samples retrieved during the field exploration were returned to the laboratory for observation by the project geotechnical engineer, and were classified in ' accordance with the Unified Soil Classification System described in Appendix C. Samples of bedrock were classified in accordance with the general notes for Rock Classification. At that time, an applicable laboratory testing program was formulated to determine engineering ' properties of the subsurface bedrock materials. Following the completion of laboratory testing, the field descriptions were confirmed or modified as necessary and Logs of Borings were prepared and are presented in Appendix A. ' Laboratory test results are presented in Appendix B, and were used for the geotechnical engineering analyses, and the earthwork recommendations. All laboratory tests were performed in general accordance with the applicable ASTM, local or other accepted standards. I. 1 2 I ' ' Geotechnical Engineering Report Terracon • Rollin Consulting Terracon Project No.21025057 Selected bedrock samples were tested for the following engineering properties: ' • Grain size • Maximum dry density—optimum • Plasticity Index moisture content relationship ' • Remolded flexible wall permeability SITE CONDITIONS ' Several existing buildings, oil tanks, and access roads occupy portions of the site. The site was bounded on the north and west by irrigation ditches, on the east by Weld County Road 25, and on the south by Weld County Road 18. SUBSURFACE CONDITIONS Soil and Bedrock Conditions: As presented on the Logs of Borings, surface soils to depths of about 28 to 42 feet consisted of native soils comprised of sands with varying amounts of silt, gravel and cobbles, and clays with varying amounts of sand, gravel and cobbles. Claystone and/or sandy siltstone bedrock was encountered beneath the native soils and extended to the full depth of exploration. • Field and Laboratory Test Results: Field test results indicate that the claystone bedrock is ' medium hard to very hard in hardness. Upon review of the physical properties of the subsurface claystone and sandy siltstone ' materials, clay and silt fines ranged from about 61 to 98 percent, liquid limits (LL) ranged from no value to 52, and plasticity indices (PI's) ranged from non-plastic to 29. The no ' value liquid limit and non-plastic value is associated with the claystone/sandy siltstone sample from Boring No. 5. The claystone materials classified as fat clay (CH), lean clay • (CL), and sandy silt (ML) according to the Unified Soils Classification System, and A-4, A-6, ' and A-7-6 according to the American Association of State Highway and Transportation Officials (AASHTO) classification system with group indices ranging from 0 to 32. ' The claystone bulk samples from the borings were combined and submitted for additional laboratory testing. A maximum dry density of 107.5 pound per cubic feet (pcf) and an optimum moisture content of 18.0 percent was determined for the combined claystone ' sample according to ASTM D698/ AASHTO T-99. The graphical results are included in Appendix B. ' A remolded flexible wall permeability test was performed on the combined claystone materials. The claystone sample was remolded to approximately 95 percent of the I maximum dry density as determined by ASTM D698/ AASHTO T-99 and conditioned near • 3 Geotechnical Engineering Report Terracon Rollin Consulting Terracon Project No.21025057 optimum moisture content. A water head of 30 feet (equivalent pressure of 13 pounds per square inch (psi) or 1,872 pounds per square foot (psf)) was used in determining the confining pressure of the permeability test. The remolded permeability test was performed in accordance with ASTM D5084 — Back Pressure Saturated — Flow Pump Method. The results of the remolded permeability test indicated a value of 3.7x10" cm/sec. ' Groundwater Conditions: Groundwater was observed in test boring at depths ranging from ' about 3 to 5 feet at the time of field exploration. These observations represent groundwater conditions at the time of the field exploration, and may not be indicative of other times or at other locations. Groundwater conditions can change with varying seasonal and weather conditions, and other factors. Zones of perched and/or trapped groundwater may also occur at times in the subsurface soils overlying bedrock, on top of the bedrock surface or within permeable fractures in the bedrock materials. The location and amount of perched water is dependent upon several 1 factors, including hydrologic conditions, type of site development, irrigation demands on or adjacent to the site, fluctuations in water features, seasonal and weather conditions. 1 ENGINEERING ANALYSIS AND CONCLUSIONS • This analysis is based upon review of field and laboratory testing of the claystone bedrock ' materials and the criteria outlined by the Colorado Department of Natural Resources — Division of Minerals and Geology ('Guide, 2000). As outlined by the Division of Minerals and Geology, the liner fill materials should contain at least a minimum of 20 percent fines, with PI's of at least 10 (although some materials with lower PI's may be considered acceptable), gravel not exceeding 10 percent, and no stones 1 or rocks greater than 2 inches. Additionally, the liner fill, when compacted according to specifications, should have a permeability of less than 1x10-6 cm/sec. ' Based on the physical properties of the claystone bedrock materials encountered in the borings, results of the remolded permeability test, and the minimum requirement outlined by ' the Division of Minerals and Geology, it is our opinion that these materials could be considered as potential fill liner materials for the proposed water storage pond. However, the use of the sandy siltstone bedrock materials encountered in Boring No. 5 should to be ' re-evaluated when the bedrock materials are exposed to confirm the suitability of these materials. September 2000, Guide to Specification Preparation for Slurry Walls and Clay Liners as a Component of a ' Colorado Mined Land Reclamation Permit, Colorado Department of Natural Resources - Division of Minerals and Geology. IS 4 Geotechnical Engineering Report Terracon Rollin Consulting . Terracon Project No. 21025057 Other construction requirements outlined by the Division of Minerals and Geology should be followed. GENERAL COMMENTS Terracon should be retained to review the final design plans and specifications so comments can be made regarding interpretation and implementation of our geotechnical recommendations in the design and specifications. Terracon also should be retained to provide testing and observation during excavation, grading, and construction phases of the project. The analysis and recommendations presented in this report are based upon the data obtained from the borings performed at the indicated locations and from other information discussed in this report. This report does not reflect variations that may occur between borings, across the site, or due to the modifying effects of weather. The nature and extent of such variations may not become evident until during or after construction. If variations ' appear, we should be notified so that further evaluation and supplemental recommendations can be provided. ' The scope of services for this project does not include, either specifically or by implication, • any environmental assessment of the site or identification of contaminated or hazardous ' materials or conditions. If the owner is concerned about the potential for such contamination, other studies should be undertaken. ' This report has been prepared for the exclusive use of our client for specific application to the project discussed and has been prepared in accordance with generally accepted geotechnical engineering practices. No warranties, either express or implied, are intended ' or made. Site safety, excavation support, and dewatering requirements are the responsibility of others. In the event that changes in the nature, design, or location of the ' project as outlined in this report, are planned, the conclusions and recommendations contained in this report shall not be considered valid unless Terracon reviews the changes, and either verifies or modifies the conclusions of this report in writing. 1 I. ' 5 Geotechnical Engineering Report Terracon Rollin Consulting Terracon Project No. 21025057 We have appreciated being of service to you in the geotechnical engineering phase of this • project. If you have any questions concerning this report or any of our testing, inspection, design and consulting services, please do not hesitate to contact us. Sincerely, --O00 R f TERRAC0N ;p.G3st R 1� s9�„4 c,'1c3' cy s3 31468 is 1/44 Mohammed H. Abusalih, E.I.T. Michael E. Anderson, P.E. I Staff Engineer Geotechnical Department Manager Copies to: Addressee (3) I I I i I I I I� 6 • • • IRRIGATION DITCH I r _ _ __ _ _ _ _ ® TB-2 r4 BP-2 II ( 0 0 I 1 1 B TB-3 I IB TB-4 *2 EXISTING O.1 BUILDINGS 0 0 I c O o R o g TB-6 0 til F I W- E R �� Mr TB-5 BP-6 I 1)3 OIL 1 ANK .4 I ' I TB-9 I I EXISTING O •3 r/7/1 OIL TANK TB-7 BP-9 ID TB-B O P�� i I BP-7 IRRIGATION DITCH IWELD COUNTY ROAD 18 N I BP-7 7 F //// APPROXIMATE LOCATION OF TEST PITS EXCAVATED ON MAY 14, 1999 LJ T• APPROXIMATE LOCATION CIF BORING DRILLED ON MAY 14 6 20, 1999 I •I APPROXIMATE BORING LOCATION AS PART OF THIS CURRENT STUDY NOT TO sOALg FIGURE 1 BORING LOCATION MAP I NCCI PIT NO. 1 FT. LUPTON, COLORADO PROJECT Mt 21%3057 pww WY Z.SIM MI u¢ lrarrar I% LOG OF BORING NO. 1 Page 1 of 1 iii -CLIENT Rollin Consulting I SITE PROJECT Ft. Lupton, Colorado _ NCCI Pit#1 SAMPLES TESTS in I S DESCRIPTION m )-- ez i 1 x re : >- W > co tealW Z Z ILO w Ox z w x CIt t a co D H co m 300 Mr, w z woo Oh cc o"MOOD� SANDY LEAN CLAY,dark brown,moist — ' 13 SILTY SAND,fine to coarse grained,with — gravel, some cobbles, brown,moist to wet }7 5- i I 10= 1 15- 20- - 25- I 30 30 CLAYSTONE, hard to very hard, blue to grey, moist _ — 1 R$ 7 50/7 I 35- 1 - 5--41 ag - 2 RS 5 50/5 Io i Stopped boring 41 feet O rc rp 1 ` The stratification lines represent the approximate boundary lines tAc between soil and rock types: in-situ,the transition may be gradual. WATER LEVEL OBSERVATIONS, ft BORING STARTED 4-12-02 -02 WL Y 5 WD Y lrerracon R GRING COMPLETED FFOREMAN 4 12MH Im WL APPROVED MEA JOB# 21025057 I. ' LOG OF BORING NO. 2 Page 1 of 1 • CLIENT Rollin Consulting I SITE PROJECT Ft.Lupton,Colorado NCCI Pit#1 SAMPLES TESTS I o DESCRIPTION w ° i_ oi z= J . a a ' S Z N w > w e:w Z Z z W ram w0 3 tu 0 0 0 co Z k-- ¢ m <O oa zN ;e000�o SANDY LEAN CLAY,with gravel and — j cobbles,dark brown, moist to wet — V II5 — %8 — SILTY SAND,fine to coarse grained,with gravel, brown,moist to wet t0_ I 15- 1. 20- I _ I 25 28 CLAYSTONE,medium hard to hard,blue I to grey,moist 30 1 RS 7 50/7 _ ' 35— ' "e 39 2 RS 8 _50/8 ' I6 Stopped boring at 39 feel U 1 C W Iv The stratification lines represent the approximate boundary lines 6 between soil and rock types: in-situ,the transition may be gradual. E WATER LEVEL OBSERVATIONS,ft BORING STARTED 4-12-02 IlLBMPLETDWL 4 4 WD = lierracon RORING COCME55EFOREMAN 4 12MH -02 Ill WL 4 Y ' m WL APPROVED MEA JOB# 21025057 1 ' LOG OF BORING NO. 3 Page 1 of 2 . CLIENT Rollin Consulting SITE PROJECT Ft. Lupton,Colorado NCCI Pit#1 SAMPLES TESTS ' DESCRIPTION °m r z= _U Z CC W b F 'K ' 2 CC f m W > co KW Z LL O -JZ OS Q- co m W O 3 WF O Ow 3 2OO 0. oU O 2 as W 9 QO cet Z� w w0S3 • F 0: m 3U Oa 7m d-OUm_J LEAN CLAY,with sand,dark brown, moist — to wet 3 O ' SILTY SAND, fine to coarse grained,with gravel, some cobbles, brown, moist to wet 5- 1 - ' • 10 _ • 15- • • • 20- • 25- 5 30 i O U _ C - Continued Next Page u The stratification lines represent the approximate boundary lines between soil and rock types: in-situ,the transition may be gradual. WATER LEVEL OBSERVATIONS, ft BORING STARTED 4-12-02 WL 3 WD BOY lierracon R G RING COMPLETED CME55 4 12 FOREMAN MN WL APPROVED MEA JOB# 21025057 I ' LOG OF BORING NO. 3 Page 2of2 CLIENT Rollin Consulting '• SITE PROJECT Ft. Lupton, Colorado NCCI Pit#1 SAMPLES TESTS I 9 DESCRIPTION rc F zF J tu U Y 0. _ = N W j 0 WI Z Zz W Or a ~a. 0 m O2 a O WH J Qin N NUZ re 4 O o D• Z I-- K m 5.0 o a DO o KU=U OUm� ' SILTY SAND,fine to coarse grained,with = gravel, some cobbles, brown, moist to wet • 35- I - ' 40- 42 - ' CLAYSTONE,hard to very hard, blue to — grey, moist — 1 RS 7 50/7 I 45 • — 50 51 — 2 RS 3 50/3 Stopped boring at 51 feet •N B S H 0 U 2 o U 1 K r The stratification lines represent the approximate boundary lines ^ between soil and rock types: in-situ,the transition may be gradual. M WATER LEVEL OBSERVATIONS, ft BORING STARTED 4-12-02 0 W -02 L Y 3 WD Q lierracon RIG ING COMPLETED FFOREMAN PLETD4 12MH m WL APPROVED MEA JOB# 21025057 LOG OF BORING NO. 4 Page 1 of 1 • CLIENT Rollin Consulting I SITE PROJECT Ft. Lupton, Colorado NCCI Pit#1 SAMPLES TESTS to DESCRIPTION r d a. z io ' o r > w w - z Z LL w Oa > up ixZ w ox w u m i O ° ao as Oct Nre000 D z I- K m so am Do) oOUmj LEAN CLAY, trace sand,dark brown, moist — I to wet S g y SILTY SAND,fine to coarse grained,with 5— ' gravel,brown,moist to wet - ,a I • 15 ' . _ 20- I • 25 - 28 CLAYSTONE,with sand, hard to very hard, — Iblue to grey,moist 30 1 RS 8 50/8 ' 35- ' 38 - 2 RS 5 50/5 sI Stopped boring at 38 feet 1 s ' u The stratification lines represent the approximate boundary lines G between soil and rock types: in-situ, the transition may be gradual. WATER LEVEL OBSERVATIONS,fl BORING STARTED 4-12-02 0 WL Q 3 WD = lierracon R G ME55 FOREMAN MH BORING COMPLETED 4-12-02 WL St 3Z It L APPROVED MEA JOB# 21025057 I ' LOG OF BORING NO. 5 Pagel oft • CLIENT Rollin Consulting ' SITE PROJECT Ft.Lupton,Colorado NCCI Pit#1 SAMPLES TESTS DESCRIPTION ra e ° • cc 2 ° W > V) a'w Z Zz w Om ' F. to m w O 3 Wt- D Ow 3 rnOO a. O 3 a- O O aZ > Oa: N 6S8 O, W f/) Z > W J O Ca V Z _ o O n O O J Z f K m 3O DU) 3`;OOrr).j % LEAN CLAY,some sand, dark brown, t moist to wet - %3 O_ ' SILTY SAND, fine to coarse grained,with gravel, brown, moist to wet 5- 1 •• ' 10• • '• 15— • • 20— • 25— • 30— u i . O u - Continued Next Page The stratification lines represent the approximate boundary lines between soil and rock types: in-situ,the transition may be gradual. o WATER LEVEL OBSERVATIONS,ft BORING STARTED 4-12-02 -02 WL Y 3 WD liErracon R GRING COMPLETED FFOREMAN 4 12MH g WL APPROVED MEA JOB# 21025057 ' LOG OF BORING NO. 5 Page 2 of 2 CLIENT Rollin Consulting I SITE PROJECT Ft. Lupton, Colorado NGCI Pit#1 SAMPLES rr _TESTS li DESCRIPTION 2 F Z J 0 U s > rC W Z "-O _. --Q ' 2 = CO W 1 W CCW Z ZZ w OZ ix z a O W <O � - z� �KO70 K m 3U On 74) =OUNj • SILTY SAND, fine to coarse grained,with — . gravel,brown, moist to wet _ 35— J I •. 40- 42 - I CLAYSTONE, very hard, blue to grey, — moist,varies to SANDY SILTSTONE - 1 RS 4 50/4 ' 45 ill 50 51 2 RS 4 50/4 Stopped boring at 51 feet • a` 7 z 0 u a a t, The stratification lines represent the approximate boundary lines t between soil and rock types: in-situ,the transition may be gradual. WATER LEVEL OBSERVATIONS, ft BORING STARTED 4-12-02 37 WL WL 2 3 WD Y lierraco n RIG CME55 FOREMAN BORING COMPLETED 4-12-02 MI-I cr S WL APPROVED MEA JOB# 21025057 I . . 145 \ \• \ ' \ , OW 140 I 135 ! ` \ \ Source of Material COMP 0.0ft I Description of Material 130 \ Test Method ASTM D698 Method A I v `. 125 \ I \ TEST RESULTS Maximum (optimum)Dry Unit Weight 107.5 PCF I 120 \\ ', Optimum Water Content 18.0 % a I \ 1H w \ ATTERBERG LIMITS 115 , i \\ �� LL PL PI re O \ \ a , , 110 \ \ a Curves of 100%Saturation ' \ for Specific Gravity Equal to: 2.80 I105 r \\ - - --- 2.70 \ ----- 2.60 I100 \ \ I \ 95 \ I \ ` e `\�` 90 — \ `. 1 0 \ \ QU tt \ I 850 5 10 15 I 20 25 30 35 Co "R WATER CONTENT,% I „ MOISTURE-DENSITY RELATIONSHIP • o Project: NCCI Pit#1 a lierracon acon Site: Ft. Lupton, Colorado • o Job#: 21025057 Date: 5-14-02 t 05/09/2002 09:35 303-232-1579 AD'V'ANCED TERRA TESTG PAGE 01/03 I. PERMEABILITY TEST-BACK PRESSURE SATURATED-FLOW PUMP METHOD ASTM D 5084 CLIENT Terracon JOB NO. 2261-49 ' BORING NO. Pit#1 SAMPLED DEPTH TEST STARTED 04-29-02 CAL SAMPLE NO. TEST FINISHED 05-06-02 CAL I SOIL DESCR. Project#25025057 CELL NUMBER 4P LOCATION NCCI SATURATED TEST Yes CONF. PRES. PSF 1872 TEST TYPE TX/Pbp ' MOISTURE/DENSITY BEFORE AFTER DATA TEST TEST IWt. Soil +Moisture(g) 432.2 454.8 Wt. Wet Sall& Pan (g) 447.4 469.9 Wt. Dry Soil 8 Pan (g) 381.8 381.8 I Wt. Lost Moisture (g) 65.5 68.1 Wt, of Pan Only (g) 15.2 15.2 Wt. of Dry Soil (g) 366.7 366.7 Moisture Content% 17.9 24.0 I Wet Density PCF 120.6 128.9 Dry Density PCF 102.3 104.0 I Init. Diameter (in) 2.409 (cm) 6,119 . MIL Area (sq in) 4.558 (sq cm) 29.407 Init. Height (in) 2.996 (cm) 7.610 ' Vol. Sef. Consol. (cu ft) 0.00790 Vol. After Consol, (cu ft) 0.00778 Porosity% 40,00 I FLOW PUMP CALCULATIONS I Pump Setting (gear number) 11 Percentage of Pump setting 100 Q(cc/s) 1.69E-05 Height 2.954 Diameter 2.407 Pressure(psi) 1.672 Area after consol. (cm'cm) 29.346 I Gradient 15.667 Permeability k(cm/s) 3.7E-08 • Back Pressure(psi) 68.0 I Cell Pressure(psi) 81.0 Ave. Effective Stress(psi) 12.164 Illah Data entry by: SR Date: 05/08/2002 I Checked by: eat Date: /o9/oz FIIeName: TAP0PITI ADVANCED TERRA TESTING, INC. . .. ._._.. _....__ ... • 05/09/2002 00:35 303-232-1579 ADVANCED TERRA TESTG PAGE 02/03 1 . I TRIAXAL COMPRESSION TEST DATA I • CLIENT Terracon JOB NO. 2261-49 IBORING NO. Pit#1 SAMPLED DEPTH . TEST STARTED 04-29-02 CAL SAMPLE NO. TEST FINISHED 05-06-02 CAL I SOIL DESCR. Project#25025057 SETUP NO. 4P LOCATION NCCI SATURATED TEST Yes CONF. PRES. PSF 1872 TEST TYPE TX/Pbp ISATURATION DATA . Cell Back Burette Pore ' Pres. • Pres. Reading Pressure (PSI) (PSI) (CC) (PSI) Change B Close Open Close Open I • 40.0 38.0 2.2 7,8 50.0 48.0 0,5 2.2 38.2 46.9 8.7 0.87 60.0 58.0 2.2 3.5 48.4 57.4 9.0 0.90 70,0 68.0 3,9 4.9 58.3 67.7 9.4 0.94 I80.0 5.2 5.2 68.3 77.9 9.6 0.96 '•• CONSOLIDATION DATA ' Elapsed SORT Burette volume Time Time Reading Defl. (Min) (Min) (CC) (cc) I (p,00 0.00 5.20 0.00 0.25 0.50 8.45 -3.25 0.5 0.71 9.15 -3.95 1 1.00 10.00 -4.80 2 1.41 10.90 -5.70 • 4 ZOO 11.80 -6.60 9 3.00 12.80 -7.60 I 16 4.00 13.45 -8.25 50 7.07 14.90 -9.70 60 7.75 15.05 -9.85 90 9.49 15.40 -10.20 I 240 15,49 16.00 -10.80 360 18.97 16.15 •10,95 I Initial Height (in) 2.996 init. Vol. (CC) 223.81 Height Change (in) 0.042 Vol. Change(CC) 14,90 Ht. After Cons. (in) 2.954 Cell Exp. (CC) 11.31 ' Initial Area (sq in) 4.558 Net Change (CC) 3.59 Area After Cons. (sq in) 4.549 Cons. Vol. (CC) 220.23 • Data entry by: SR Date: 05/08/2002 t Checked by: Cat Date: oS/o474.2 ADVANCED TERRA TESTING, INC. FileName: TAP0PIT1 05/;I9/2a02 08:35 303-232-15;9 ADVANCED TERRA TESTG PAGE 83/03 I I. . o n I I < 0 a w Z O 2 1 F7 to J Q E O / o Cl) O E tx z i 1 8 w IP a liS a / °I. / I — / ill 4:b let 4 h f �� IN O N R T aio p e. NO11D313a 3Wf110A 1St i I ] co a) r) .0in iii j\ 1 � � \ } � - O | & ) -el 0 _ C TO U ro o / & ( a 0 re , � UN o o . k � f a LI co ai z in CD _ a i) � rill O :50 ® } 7 § ■ ) f D & ] ! ` ( | q ) § J - | o « § - ( co_ I It Ce 0. \ 0 _ L. \` ! | Ce Ce O.gw, m ` j \ / § ; a -I k f _ k | . I3- 0 , , - z 0 z z d \ zE � , , z ` � I ' ` - 0 / § ! c._ a, , co , k e( R ( al IX / / ` ° � COr. | _ \ 01 TCO C- at- in faa g F. :z amo ; _ kJ? I ' to w E ) }\ 0 \ ! miw o - } ( © ) C | . inCn o } ( `co it f 5 2m 00c a « R , , . Ce A § /e2 — 2O.0 � k- \> i ) - , , a 1'as en c au j \\ \ ) S. • • GEOTECHNICAL ENGINEERING REPORT GRAVEL EVALUATION NORTHWEST OF WELD COUNTY ROADS 18 AND 25 WELD COUNTY, COLORADO TERRACON PROJECT NO. 21035117 January 9, 2004 Prepared for: Rollin Consulting 840 Eagle Drive Eaton, Colorado 80615 Prepared by: Terracon 1289 First Avenue Greeley, Colorado 80631 Telephone (970) 351-0460 Fax (970) 353.8639 lierracon January 9, 2004 llerracon 1 • 1289 First Avenue Post Office Box 1744 Greeley,Colorado 80632-1744 (970)351-0460 Fax:(970)353-8639 Rollin Consulting 840 Eagle Drive Eaton, Colorado 80615 Attn: Mr. Ken Rollin Re: Gravel Evaluation Northwest of Weld County Roads 18 and 25 Weld County, Colorado Terracon Project No. 21035117 Terracon has completed a geotechnical engineering exploration for the proposed gravel pit to be located northwest of Weld County Roads 18 and 25 in Weld County, Colorado. The results of our engineering study, including the boring location diagram, laboratory test results, test boring records, and our findings needed to aid in the evaluation of the site as an economic source of sand and gravel are attached. � The overburden soils at the site generally consisted of approximately six inches of topsoil underlain by lean clay soils with varying amounts of silts and sands that extend to depths of 3 to 6 feet. Silty sands and fine-grained poorly graded sands with silt were encountered in test borings B-1 through B- 3 at depths of 3 to 7 feet. Sand and fine gravel underlies the overburden in the majority of the site and extends to the bedrock below. Claystone bedrock was encountered at depths of 26 to 28 feet below the surface. The results of our field exploration and laboratory testing indicate that good quality sand and fine gravel suitable for use in some construction materials were encountered in small to moderate quantities at the site. Based on our engineering analyses, approximately 1,775,353 cubic yards of sand and fine gravel exist at the site. Approximately 541,266 cubic yards of overburden would have to be removed to obtain the sand and fine gravel for this area Since the majority of the aggregate is below groundwater, dewatering of the site will be required to mine the material. We appreciate being of service to you in the gravel evaluation phase of this project, and are prepared to assist you during the further testing and mining phases as well. If you have any questions #• Arizona■Arkansas■California■Colorado■Georgia■Idaho■Illinois■Iowa■ Kansas■Kentucky■Minnesota■Missouri Montana■Nebraska■Nevada■New Mexico■North Carolina■Oklahoma■Tennessee■Texas■Utah■Wisconsin■Wyoming Consulting Engineers&Scientists Since 1965 www.terracon-com Geotechnical Engineering Report • Gravel Evaluation Northwest of Weld County Roads 18 and 25 Weld County, Colorado Terracon Project No. 21035117 Terracon concerning this report or any of our testing, inspection, design and consulting services please do not hesitate to contact us. Sinc ,.%0 DREG%ll'4* •TEReRACON CONSULTANTS, INC.rely, :o��2 ptEXA,yT..9F 36512 1 .�' "' Andrei Bedoya, E.I. Ty G. Alexander, P.E. a„lun��"° „ Staff Engineer . Office Manager Copies to: Addressee (3) i J� I s a i� I ,ll • TABLE OF CONTENTS Page No. Letter of Transmittal ii INTRODUCTION 1 PROPOSED CONSTRUCTION 1 SITE EXPLORATION 1 Field Exploration 1 Laboratory Testing 2 SITE CONDITIONS 2 SUBSURFACE CONDITIONS 3 Soil and Bedrock Conditions 3 Field and Laboratory Test Results 3 Groundwater Conditions 3 EVALUATION 3 GENERAL COMMENTS 4 APPENDIX A Boring Location Plan Logs of Borings APPENDIX B Laboratory Test Results APPENDIX C General Notes Unified Soil Classification • • GEOTECHNICAL ENGINEERING REPORT • GRAVEL EVALUATION NORTHWEST OF WELD COUNTY ROADS 18 AND 25 WELD COUNTY, COLORADO TERRACON PROJECT NO. 21035117 JANUARY 9, 2004 INTRODUCTION This report contains the results of our gravel evaluation for the proposed gravel pit to be located northwest of Weld County Roads 18 and 25 in Weld County, Colorado. The purpose of these services is to provide information and geotechnical engineering recommendations relative to: • Subsurface soil and bedrock conditions • Groundwater conditions • Approximate quantity of overburden • • Approximate quantity of sand and gravel • Visual evaluation of quality of sand and gravel The recommendations contained in this report are based upon the results of field and laboratory testing, engineering analyses, and experience with similar soil conditions, and our understanding of the proposed project. PROPOSED DEVELOPMENT It is our understanding the site is to be mined for sand and gravel which is to be used as aggregate for commercial use in construction materials such as structural fill, base course, concrete and asphalt. SITE EXPLORATION The scope of the services performed for this project included a site reconnaissance by a geotechnical engineer, a subsurface exploration program, laboratory testing and engineering analyses. Field Exploration Four test borings were drilled at the site on December 19, 2003. The borings were drilled to • approximate depths of 30 to 35 feet at the locations shown on the Site Plan, Appendix A. AU borings were advanced with a truck-mounted drilling rig utilizing 4-inch diameter solid stem augers. Geotechnical Engineering Repirc Gravel Evaluation • Northwest of Weld County Roads 18 and 25 Weld County, Colorado Terracon Project No.21035117 Terracon The borings were located in the field by the owners. Ground surface elevations at each boring location were not obtained. The accuracy of boring locations should only be assumed to the level implied by the methods used. Lithologic logs of each boring were recorded by the field engineer during the drilling operations. At selected intervals, samples of the subsurface materials were taken from auger cuttings. Groundwater conditions were evaluated in each boring at the time of site exploration. Laboratory Testing All samples retrieved during the field exploration were returned to the laboratory for observation by the project geotechnical engineer and were classified in accordance with the Unified Soil Classification System described in Appendix C. Samples of bedrock were classified in accordance with the general notes for Bedrock Classification. At that time, the field descriptions were confirmed or modified as necessary and an applicable laboratory testing program was formulated to determine engineering properties of the subsurface materials. Boring logs were prepared and are presented in Appendix A. • Laboratory tests were conducted on selected soil and bedrock samples and are presented on the boring logs and in Appendix B. The test results were used for the gravel evaluation. All laboratory tests were performed in general accordance with the applicable local or other accepted standards. Selected soil samples were tested for the following engineering properties: • Moisture Content • Grain Size • Plasticity Index SITE CONDITIONS The site was located in an agricultural area and appeared to be cultivated for hay. There was an existing residence on the west portion of the site as well as two oil and gas pump jacks, one on the west portion of the site and one on the east. The site was vegetated in large part with short grasses and in various portions with tall native weeds. Several deciduous trees were observed near the existing residence. The site was bordered by a bluff to the west. agricultural land to the north. Weld County Road 25 to the east. and by an existing gravel mining operation to the south. • 2 Geotechnicai Engineering Report Gravel Evaluation �• Northwest of Weld County Roads 18 and 25 Weld County, Colorado Terracon Project No. 21035117 Terracon SUBSURFACE CONDITIONS Soil and Bedrock Conditions As presented on the Logs of Boring, surface soils to depths of 6 to 7 feet consisted of overburden materials. The upper 6 inches of the overburden consisted of topsoil. The underlying overburden consists of silty sand, lean clay soils with varying amounts of silt and sand, and fine-grained poorly graded sands with silt. A layer of well graded sand with gravel varying in thickness from 20 to 22 feet was encountered below the overburden. Bedrock underlies the sand and gravel at depths of 26 to 28 feet below the surface. The bedrock consists of claystone. Laboratory Test Results Laboratory test results indicate that the sand and gravel are well graded and non plastic. Maximum f gravel sizes encountered ranged from 1 to 1'/2 inches. Groundwater Conditions Groundwater was encountered at approximate depths of 4 to 6 feet in the test borings at the time of field exploration. These observations represent groundwater conditions at the time of the field exploration, and may not be indicative of other times, or at other locations. Groundwater levels can be expected to fluctuate with varying seasonal and weather conditions. Evaluation Based on the test borings drilled at the site by Terracon, approximately 1,775,353 cubic yards of sand and gravel is the estimated quantity at the site. Approximately 541,266 cubic yards of overburden would have to be removed to obtain the sand and gravel in this area. The above quantities are based on the average thickness of overburden and sand and gravel obtained from the test borings drilled by Terracon as outlined in our site plan, Appendix A, and on the area boundary based on the information provided by the client. Because of physical property boundaries such as roads and property lines, the quantity that can be removed is less than what is stated above. Based on the test borings, the average overburden thickness was approximately 6'/< feet and the average sand and gravel thickness was approximately 20'/2 feet. This gives a ratio of sand and gravel to overburden of approximately 3.3 to 1. Based on our visual observation during drilling and the limited laboratory tests run on auger samples. the granular materials encountered consist of good quality aggregate suitable for use in construction • materials. Cobbles or gravel larger than 1 4 inch in diameter were not noted within the granular 3 Geotechnical Engineering Report • Gravel Evaluation Northwest of Weld County Roads 18 and 25 Weld County, Colorado Terracon Project No.21035117 Terracon stratum. However, estimated gravel sizes are limited by the sampling method utilized and are based on field observations of the auger cuttings. Lenses of larger particle sizes may be encountered which were not observed in the samples obtained. In order to use this material for typical construction materials such as base course, concrete, and asphalt aggregate, extensive screening may be required. This may generate large amounts of reject sand material. The material may be used without processing for structural fill and subbase material. To more accurately evaluate the quality of the granular material as well as the size of the particles, test pits should be dug at the site and detailed laboratory tests should be performed. • • Since the sand and gravel is below groundwater, dewatering of the pit will be required to excavate the sand and gravel, or a drag line will be needed to remove the overburden and aggregate. GENERAL COMMENTS The analysis and recommendations presented in this report are based upon the data obtained from the borings performed by Terracon at the indicated locations. This report does not reflect variations, which may occur between borings or across the site. The nature and extent of such variations may • not become evident until mining operations are performed. These variations may effect the quantity and or the quality of the materials encountered. The scope of services for this project does not include either specifically or by implication any environmental assessment of the site or identification of contaminated or hazardous materials or conditions. If the owner is concerned about the potential for such contamination, other studies should be undertaken. This report has been prepared for the exclusive use of our client for specific application to the project discussed and has been prepared in accordance with generally accepted geotechnical engineering practices. No warranties, either express or implied, are intended or made. In the event that changes in the nature, design, or location of the project as outlined in this report, are planned, the conclusions and recommendations contained in this report shall not be considered valid unless Terracon reviews the changes, and either verifies or modifies the conclusions of this report in writing. • 4 • i ; � r , , I0 N ci • z 3 z a ids e SZ 0 219N) a U) Qo C ^ J } N6 Loci a C 00 G W E Z 8 � FQU Qd N m ^ • w K Z 'V K_ c Z W o ` LLJ �.:U c w (roc - 3 W a ¢ rn N n cZ cry cal g- v $ E u ® m op a G\ 2 O U E-, l 0 N V 4 c @ � U m ca • �' o < > Ln 0 a o: a_ d O —� _l 7-4 LOG OF BORING NC. 6-1 Page 1 of 1 CLIENT — - — Rollin Consulting SITE NW of WCR 18 and 25 PROJECT Weld County, Colorado Gravel Evaluation I I SAMPLES TESTS I I - I C? OJ E H p a o DESCRIPTION > z w r a w - Z z LL z0 Y U) w > cc w z a V)H. u) m w o w►-- ow ct w Cvi) J r w 0 1.i6f( (2),,c'O ❑ m 2 r- w m 3() ❑ c n u) ' ' 0.5 \TOPSOIL J CL 1AJGER - - 27.4 SANDY SILTY CLAY,moist, brown - CL (CL-ML) ML 3.5 - - POORLY GRADED SAND WITH SILT, 4 - SP 2AJGER 14.9 moist to wet,brown (SP-SM) 5- -SM• WELL GRADED SAND WITH GRAVEL, — gravel 1"max,wet, redddish/brown (SW) to —SW 3AJGER 14.7 -SW 4AJGER 15.0 150 .:i:i:i — (gravel lens at 18' ) — 20—SW 5A.JGER 11,1 25 SW 6AUGER 14.4 :27 (gravel lens at 26) BEDROCK, claystone, moist, gray — 30 30 — 7AUGBR 22.4 END OF BORING { I { I I I - c . I I I I l The stratification lines represent the approximate boundary fines tet,.:een soil and rock types: in-situ, the transition may be gradual. . WATER LEVEL OBSERVATIONS, ft BORING STARTED 12-19-0 3 WL 4.0 WD ;Z BORING COMPLETED 12-19-Q WL ':� rr icon RIG C1vlE 75 FOREMAN JSC T`VL : i JOB 4' 2103511"r N LOG or F OR1.NG NO. B-2• • Page 1 of 1 CLIENT -- -- -� __.._ Rollin Consulting • SITE NW of WCR 18 and 25 PROJECT Weld County, Colorado Gravel Evaluation I i I SAMPLES I TESTS • • i • ( j 1 O- I i S ct DESCRIPTION 2 F z I LL = z w m > rn wW Z zz a t- uj a w ( n a O o <0 ZF O M Z I- a m 3 O O a )u) ;y 'Q.5 CLEAN L / - CL 1A'JGER 19.0 ✓� LEAN CLAY,moist, dark brown (CL) — 43 — SILTY SAND,moist, brown (SM) —SM 2AJGER 8.5 5- 6 — WELL GRADED SAND WITH GRAVEL, — gravel 1 1/2"max,wet, reddish/brown (SW) - 10:SW 3AJGER 11.5 15 -SW 4AJGER 13.9 20-SW 5AJGER 13.0 z5-SW 6AJGER 10.5 :•:.:26 — BEDROCK, claystone, moist, gray 30 30 - 7AJGER 16.9 END OF BORING I I • I i • • • The stratification lines represent the approximate boundary lines Between soil and rock types: in-situ. the transition may be gradual. • WATER LEVEL OBSERVATIONS. ft BORING STARTED 12-119-03 WL 4,5 WD ;.1 BORING COMPLETED 12-19-02 WL i err icon RIG CiMME-75 FOREMAN JSE WL ;JOBS 2'+03511' _— �.�____ _�. LOG OF BORING NO. B-3 Pace of 1 CLIENT —' -- — t Rollin Consulting • SITE NW of WCR 18 and 25 l PROJECT Weld County, Colorado Gravel Evaluation I I SAMPLES I TESTS I o DESCRIPTION _ o _ W W w. I.: F LL z w r w > cn CCw Z Zz Q -. 0 m W 0 W - M Ow CC a c C o a Z Imo- X m SaU Xt.a Dv, e.s \TOPSOIL LEAN CLAY, moist, dark brown (CL) = CL 1AUGER 27.2 %3 — POORLY GRADED SAND WITH SILT, — moist, light brown to reddish(SP-SM) 2 -SP 2AUGER 3.3 J : : 6 5 -SM WELL GRADED SAND WITH GRAVEL, gravel 1"max, wet, brown (SW) - 10 -SW 3AUGER 10.3 15-SW 4AUGER 10.0 0 :.::::.:,: _ •• " 20-SW 5AUGER 8.0 25 -SW GAUGER 12.5 -SW 7AJGER 9.7 •••• 28 -SW GAUGER 15.8 BEDROCK,claystone, moist, gray --- 30--' 35 35 — I 9A(JGER 25.9 END OF BORING I The stratification lines represent the approximate.boundary lines 12 oetv een soil and rock types: in-situ.the transition may be gradual WATER LEVEL OBSERVATIONS. ft BORING STARTED 12-19-03 ':, WL ,y- 4.5 WD 'Z BORING COMPLETED 12-19-03 5 WL , IT err actin RIG CME-75 I FOREMAN JSD WL 1 I JOB# 210351/7 - LOG OF BORING NO. B-4 CLIEt - ---. .—__.-- Page 1 of 1 Rollin Consulting • SITE NW of WCR 18 and 25 PROJECT Weld County, Colorado Gravel Evaluation I SAMPLES TESTS O al o DESCRIPTION m I a ~ z= 2 i _ N K W - i H F- D_ = m > v1 cc W Z z 2 C a U M a O U oo WI-. Y Ow 0 o 0 z >- IC m 3O o a 0ti u0.5 J TOPSOIL CL 1AUGER 22.9 �/,2 SANDY LEAN CLAY, moist, brown (CL) — jLEAN CLAY, moist, black with organics s (CL) 5 - CL 2AUGER 35.1 WELL GRADED SAND WITH SILT AND — GRAVEL, gravel 1 1/2"max,wet, brown - (SW-SM) _ t0 -SW 3AUGER 18.9 -SM 15-SW 4AJGER 25.8 -SM 20 SW 5AUGER 18.7 SM ( gravel lenses at 22'-26' ) — ( 1"- 1 1/2"gravels ) — SW GAUGER 15.6 •: 2s 2s —SM BEDROCK, claystone, moist, gray — 30 30 — 7AJGER 29.5 END OF BORING I p a j The stratification lines represent the approximate boundary lines between sod and rock types: in-sl:u. the transition may be gracaaltt •WATER LEVEL OBSERVATIONS. ft BORING STARTED 12-19-03 WL != 6.0 WD != BORING COMPLETED 12-19-03 WL 4 ii 1 ie rr acon RIG CME-75 I FOREMAN JSD ^`VL j JOB# 21035117 , . U.S.SIEVE OPENING IN INCHES I U.S.SIEVE NUMBERS I HYDROMETER 4 2 1:2,,, 3 6 .1r 3G 50 IOC;000 6 ' . 1 -.• •:q 6^• 1°_rte i ; -; _ _ _--'- • III] i • • ••::. ,` I l 111 l 1 f f i I. i l I`( i x:11 i I I I`I ll; , I ii iii i � j I i i' I I I I I�I I � I 80 i Iii I I i I I I I I ? 111:1 I i i I i 75 I II I i 11ti�1 l i �I � � ; I ! IIII , l I III ` { � III(. ill I , I ill ' ll to ` I I ,III\ III I II l I I I i I1II i 1 I 1 65 l - I ! , I II II I II I I I ✓ ' I I l• I I If { PT, 60 1` )- I X55 m z• 50 Z 45 I w I ce • 0_ 35 - - 30 - _ 25 . - . . 20 .:: .. _ \ . 0 t 100 10 1 0.1 0.01 0.001 GRAIN SIZE IN MILLIMETERS COBBLES GRAVEL SAND SILT OR CLAY coarse I fine coarse I medium I tine Specimen Identification Classification LL PL I PI Cc 1 Cu •1 B-1 14.0ft WELL-GRADED SAND with GRAVEL(SW) NP NP NP 1.33 10.69 OD B-1 24.0ft WELL-GRADED SAND with GRAVEL(SW) I NP I NP NP 1.62 113.02 At B-2 9.0ft WELL-GRADED SAND with GRAVEL(SW) I NP I NP I NP 1.40 111.17' . *I B-2 19.0ft WELL-GRADED SAND with GRAVEL(SW) I NP ! NP NP ; 1.02 18.88 0 B-3 14.0ft WELL-GRADED SAND with GRAVEL(SW) . NP NP NP 1 1.11 111.95, Specimen Identification I D100 1 D60 1 D30 I D10 I %Gravel; %Sand %Silt ; %Clay II B-1 14.0ft 19 I 3.202 i 1.129 i 0.3 ' 25.9 ' 70.3 3.8 c X' B-1 24.0ft ' 19 3.807 1.344 • 0.292 32.2 : 64.1 3.8 _ip-;1 A B-2 9.0ft 19 _ 3.251 1.151 0.291 26.8 69.4 3.8 * B-2 19.0ft ' 25 3.909 1.326 0.44 33.9 64.1 2.0 z- B-3 14.0ft 19 3.585 1,091 0.3 • 31.2 66.3 2.4 GRAIN SIZE DISTRIBUTION Project: Gravel Study llerracDn Site: NW of WCR 18 and 25 Weld County, Colorado s Job#-. 21035117 1 Date: 1-7-04 .. w U.S.SIEVE OPENING IN INCHES U.S.SIEVE NUMBERS I HYDROMETER 6 4 2 . an 1/2ary 6 6 0 16 23 30 40 5050 100 140 200 .. 1001 : ' I i Ii i� ' � I � HI : 95'--! I , , I I :Nlrl ,.1 I I i _ lIi., i . sa I I III 7tili 1 1 i1ijl -kith I I li 'I i I • 85 I I III I I Illy\. I I \I 'I I I I I I � 1 I 111 II 111 II y 80 I I I ! III 1, I'1 I I tL III I ! I I 75 1 I I , Ii `ji \ III II I ,I I i 70 65 I i I I�� H l I II I , I > 55 m 55 \ 2 A _ LL Z 45 W j \ ! 40 a_ 35 \ 30 - 4 25 \ 20 15 , 1\\\;\\N„,..., • 10 5 0 100 10 1 0.1 0.01 0.001 GRAIN SIZE IN MILLIMETERS COBBLES GRAVEL SAND SILT OR CLAY coarse fine coarse medium I fine Specimen Identification Classification LL PL PI I Cc Cu • B-3 24.0ft WELL-GRADED SAND with GRAVEL(SW) NP NP NP 11.05 7.32 m B-4 14.0ft WELL-GRADED SAND with SILT(SW-SM) 1 NP NP NP 1.79 118.06 A 6-4 24.oft WELL-GRADED SAND with GRAVEL(SW) NP NP I NP 1.17 111.38 I I I I I I I I Specimen Identification I D100 I D60 D30 D10 1 %Gravel; %Sand %Silt i %Clay • B-3 24.oft I 19 I 3.188 1.21 0.435 ! 25.1 72.5 j 2.4 o 'T! 8-4 14.0ft 9.5 1.283 . 0.403 6.4 83.4 ! 10.3 ♦ 8-4 24.0ft 19 2.599 _ 0.832 0.228 23.6 71.6 4.7 • GRAIN SIZE DISTRIBUTION lie rrar®n Project: Gravel Study r Site: NW of WCR 18 and 25 Weld County, Colorado s Job fi: 21035117 i Date: 1-7-04 Jury 20, 2004 1 rerraco►n • Consulting Engineers&Scientists Rollin Consultin 1289 Find Avenue g Poet Ohio Box 1744 840 Eagle Drive Greeley.Colorado 89632.1744 Eaton, Colorado 80615 Phone 879.351.9460 F 070.353.8639 www.terraccn.wm Attn: Mr. Ken Rollin Re: Gravel Evaluation Northwest of Weld County Roads 18 and 25 Weld County, Colorado Terracon Project No. 21035117 Mr. Rollin, Please accept this letter as an addendum to our original Geotechnicai Engineering Report for the above referenced project in Weld County, Colorado. The purpose for this addendum is to provide a revised assessment of the estimated overburden and sand and gravel volumes and gravel sizes based upon additional test borings drilled at the site. Four additional test borings were drilled at the site on June 30, 2004. The borings were drilled to approximate depths of 29 to 33 feet at the locations shown on the attached Site Plan. All borings were advanced with a truck-mounted drilling rig utilizing 6-inch diameter solid stern augers. The borings were located in the field by the owners. Lithologic logs of each boring were recorded by the field engineer during the drilling operations. At selected intervals, samples of the subsurface • materials were taken from auger cuttings. Groundwater conditions were evaluated in each boring at the time of site exploration. Evaluation Based on the additional test borings drilled at the site by Terracon, we estimate approximately 2,655,000 cubic yards of sand and gravel is contained within the boundaries outlined on the site plan. Approximately 714,000 cubic yards of overburden would have to be removed to obtain the sand and gravel in this area. The above quantities are based on the average thickness of overburden and sand and gravel obtained from the current test borings in addition to the original test borings drilled by Terracon as outlined in our site plan and on the area boundary based on the information provided by the client. Because of physical property boundaries such as roads and property lines, the quantity that can be removed is less than what is stated above, Based on the current test borings in addition to the original test borings, the average overburden thickness is approximately 6 feet and the average sand and gravel thickness is approximately 22 feet This gives a ratio of sand and gravel to overburden of approximately 3.7 to 1. Based on our visual observation during drilling and the limited laboratory tests run on auger samples, the granular materials encountered consist of good quality aggregate suitable for use in construction materials. Cobbles (3 inches in diameter or larger materials) were not noted within the granular stratum. However,estimated gravel sizes are limited by the sampling method utilized and are based on Delivering Success for Clients and Employees Since 1065 More Than 60 Offices Nationwide • Uoi wI AUCP. 14;1.1 a/In4b4La9/ ROLL IN PAGE 03 Gravel Evaluation • Northwest of Weld County Roads 18 and 25 Weld County,Colorado Terracon Project No,210351 17 Terracon field observations of the auger cuttings. Lenses of larger particle sizes may be encountered which were not observed in the samples obtained. In order to use this material for typical construction materials such as base course, concrete,and asphalt aggregate,extensive screening may be required. This may generate large amounts of reject sand material. The material may be used without processing for structural fill and subbase material. To more accurately evaluate the quality of the granular material as well as the size of the particles, test pits should be dug at the site and detailed laboratory tests should be performed. Since the sand and gravel is below groundwater, dewatering of the pit will be required to excavate the sand and gravel,or a drag line will be needed to remove the overburden and aggregate. GENERAL COMMENTS The analysis and recommendations presented in this letter are supplemental and are based upon the data obtained from the borings performed by Terracon at the indicated locations. This letter does not reflect variations, wttidi may occur between borings or across the site. The nature and extent of such variations may not become evident until mining operations are performed. These variations may affect the quantity and or the quality of the materials encountered. The scope of services for this project does not include either specifically or by implication any environmental assessment of the site or identification of contaminated or hazardous materials or conditions. If the owner is concemed about the potential for such contamination, other studies should • be undertaken. This letter has been prepared for the exclusive use of our client for specific application to the project discussed and has been prepared in accordance with generally accepted geotechnical engineering practices. No warranties, either express or Implied, are intended or made. In the event that changes in the nature, design, or location of the project as outlined in this report, are planned, the conclusions and recommendations contained In this report shall not be considered valid unless Terracon reviews the changes, and either verifies or modifies the conclusions of this report in writing. If you have any questions regarding this letter, or If you require further information, please do not hesitate to contact us at (97D)351-0460. �,1ueiW1b,1job. Sincerely, `a`o . .E fG/gTFatis TERRACON CONSULTANTS, Inc. s VO`�p.t X'rNa'..•o 36512 � : $ f d•erg!: An rei 8edoya, E.I. Ty G. Alexander, P. e i Staff Engineer Office Manager 'y J( y 9 4, 4,, AUu„oe Copies to: Addressee (3) • HULL IN PAGE Pel . n . i a � r 6 sz � N, 4_ _ }�g a a 9® N0 - m WQMI m® wi a " 13 re 0I g 0. cn U ® � � � " d h u11 CU La in • Ith® LP ® p u V ` 0 - O w 0 O - N N n 2 U 2 (g p ZZ Z 0 QZ COs fn O m P R w¢ Ea ill E 0 ® z W in O 0 O' U O z y o 2 O 0 Pa a w z 2 3z U , _ ' p a 0 • •+•+r.+•+/cu,-, iy, 1.7 7/G4O41i]4 t HULL IN PAGE 05 - LOG OF BORING NO. B-5 Page 1 of 1 CLIENT • Rollin Consulting SITE WCR 15 and WCR 25 PROJECT Weld County,Colorado Gravel Evaluation SAMPLES TESTS 0 d O11 UDESCRIPTION z w d' `� ll. to) � 6u. 3 Stu � � 0 E ; z a m %0oa. S .,- 'o.e /_____TOPS /_____ — - e SANDY LEAN CLAY,moist,dark brown (CL) 4 5 5— POORLY TO WELL GRADED SAND WITH GRAVEL,gravel 2"max,wet, reddish brown(SP/SW) — : 10—, -SSW 1AUGER (gravel lens from 15 to 18 feet.) ��' JI • 2a --.SW 2AUGF (gravel lens at 22 feet.) _ — 25- • • :28 ` " BEDROCK,claystone,moist,gray .- 30 30 i END OF BORING (QZ g sThe atratlficatlon lines represent the approximate boundary lines between soil and rock types: In-situ.the transttlon may be gradual. 7 _ N2 WATER LEVEL OBSERVATIONS.ft BORING STARTED 6-30-04 w WI Y 3 5 WD Z BORING COMPLETED fi-30-04 WL lierracan RIG CME-55 FOREMAN AB cr 2 WL _ JOB# 21035117 - - - --, r<ULL 1N PAGE 96 LOG OF BORING NO. B-6 • CLIENT Page 1 of . Rollin Consulting SITE WCR 18 and WCR 25 PROJECT Weld County,Colorado Gravel Evaluation SAMPLES TESTS J DESCRIPTION S cc 1 l- w > r7 KW 2 2Lw U et a (7 g a U F p Z 5- I)W 0.e \TOPSOIL o z a m 3° o a POORLY TO WELL GRADED SAND WITH GRAVEL,gravel 1"max,wet, reddish brown(SP/SW) 5 10 15 (gravel lens at 16 feet. ) • 20 SW 1AUCER 25 7 (gravel lens at 28 feet. ) PEDRQCK,daystone,moist, gray 29 END OF BORING I v The stratification linos represent the appnztimate boundary lines u between soil and rock types: in-situ,the transition may be gradual, s WATER LEVEL OBSERVATIONS,ft BORING STARTED 6-30-04 WL 2.0 WO I� S WL 3 1ferracan RIG BORING COMPLETED F 6-10.0 CME-55 FOREMAN AS JOB# 21035117, • oo/oat nw4 14:1J '1/U404Z34J RDLLIN PAGE 07 LOG OF BORING NO. 3-7 Page t of 1 CLIENT • Rollin Consulting SITE WCR 18 and WCR 25 PROJECT Weld County,Colorado Gravel Evaluation SAMPLES TESTS DESCRIPTIONre {c5 = to 0- § in ft 8 ° S i $ m z r47-0.5 ,,TOPSOIL "' if SANDY LEAN CLAY,moist,dark brown t 9f/f�/y (CL) 46 POORLY TO WELL GRADED SAND WITH GRAVEL,gravel 1 1/2"max,wet, reddish brown(SP(SW) 10 d SW 1A GER • (gravel lens at 18 feet.) SW 2A G 20' (gravel lens at 25 feat. ) 25 W 28 BEDROCK,claystone,moist gray END OP BORING 30 Q rc 3 The stratRlcauon I nas represent the approximate boundary lines ti between eel and rods types: In-situ,the transiuon may be gradual. WATER LEVEL OBSERVATIONS,ft BORING STARTED 6-30-04 WL 3.0 WO r BORING COMPLETED fi-30-04 WL 3 11'erracon RIt3 CME-55 FOREMAN AB WL JOB# 2/035117 • _ _ .__ .. V IV -ILL Tact bd LOG OF BORING NO. B-8 Page 1 of 1 CLIENT Rollin Consulting • SITE WCR 18 and WCR 25 PROJECT Weld County.Colorado Gravel Evaluation SAMPLES TESTS o DESCRIPTION os >-- 5 w a I rz o } z > rr to in 8 gill -z CO m > co KW Z >> y� Z4 v ,r 4,.S EA Z) z F a m 0 6 S =6 , / TOP _ SANDY LEAN CLAY,moist,dark brown (CL) s T $6 g— — POORLY TO WELL GRADED SAND .— WITH GRAVEL,gravel 3"max,wet, — reddish brown(SP/SW) 10— 5- -SW 1AVGER i (gravel lens from 18 to 20 Feet. ) —SW 2A JGE R 20 ��[ — — 25— 222 g di 30 BEDROCK,olaystune,moist, gray 8 33 - END OF BORING — o The stratification Ines represent the approximate boundary tines L- between soil and rock types: In-situ,the transition may be gradual. a WATER LEVEL OBSERVATIONS,ft BORING STARTED 6-30-04 >R WI. Y 2.5 WD = 1 r�rrac®n BORING COMPLETED 6-30-04 wL I N a`WL RIG CME-55 FOREMAN AB JOB# 21035117 • -- •. IKULL1N PAGE 99 US.SIEVE OPENIN91N INCHES I U.S.SIEVE NUu9KA9 I HYDROMETER c 4 2 1 4 1/2443 3 4 5 810 7410 20 20 40 50 88 100140 200 100 I --k I 11 I I I I • _ . BO 75 ^ 4 70 ' r � I � I _ I\ : . . • > 55 • W ea Z LL • Z 45--.- • m 40 . 35 30 • • 25 - '- 20 15 10 • • • 5 - .4.4. 0 _ I + 100 10 1 0.1 0.01 0.001 GRAIN SIZE IN MILLIMETERS COBBLES GRAVEL SAND coarse I fine coarse medium fine SILT OR CLAY Specimen Identification Classification LL PL PI Cc Cu • B-5 15.0ft WELL-GRADED GRAVEL with SM1D(GW) NP NP NP 2.19 12.83 07_B.5 18.0ft POORLY GRADED GRAVEL(GP) _ NP NP NP 1.05 1.93 • 8.6 22.0ft POORLY GRADED SAND with GRAVEL(SP) NP NP NP 1.00 10.77 * 8.7 15.0ft WELL-GRADED SAND with GRAVEL(SW) NP NP NP 1.05 7.10 0 0.7 20.0ft POORLY GRADED SAND with GRAVEL(SP) NP NP _ NP 1.07 5.74 Specimen Identification D100 D60 D30 D10 %Gravel %Sand %Silt I %Clay Pi • B-5 15.0B 37.5 11.032 4.592 0.874 69.5 28.4 2.1 i m B-5 18.0ft 50.8 29.605 21.879 15.328 97.0 2.0 1.0 • B-6 22.oft 25 4.918 1.498 _ 0.457 40.9 57.5 1.6 * B-7 15.0ft 19 3.144 1.212 0.4.43 24.7 72.3 3.1 2 o B-7 20.0ft 37.3 5.721 2.473 0.996 48.$ 51.9 13 GRAIN SIZE DISTRIBUTION lierracon Site!Project: Gravel Evaluation il Site! WCR 16 and WCR 25 Weld County, Colorado 0 Job 4: 21035117 Date: 7-16-04 • • . ___ . _ .. _" "•"""v"'v• ROLLIN PAGE 1B V U3.SIEVE OPENING IN INCHES I U.S.SIEVE NLS eRS I HYDROMETER 700 , 2 13/4 1/23/8 3 4 6 5101419 20 30 W 5000 1001. 200 • III'i I hill III III II • 55 • AO III 90 �. iml II III II 75 70 065 60I II' I I I III m 55 III II ��.1 IIII III III 50II��IIIIIIII1®1111111 �IIIIIII� IIIIIII��IIllII.. 45 Ill�t 111111 IIIIIII��IIIIIII�� 40• I �: a 35 30 25 • 20 16 I I 10 III�IIIIIIIIlIIIIIiiiII 11 111 IIII�IIINiU • 511i�III1111u IIIIIIIIM flIbI��IIIIIIII�IIIIIIIia D ► wig , I 100 10 1 0.1 0.01 0.001 GRAIN SIZE IN MILLIMETERS COBBLES GRAVEL SAND coarse fne coarse I medium I Me SILT OR CLAY Specimen Identification Classification LL PL PI Cc Cu • B-8 1 10ft POORLY GRADED SAND with GRAVEL(SP) NP NP NP 0.62 13.49 IP B-8 20.0ft POORLY GRADED GRAVEL with SAND(GP) NP NP NP 5.05 27.81 F. Specimen Identification) 0100 060 D30 I D10 %Gravel %Sand %Silt I %Clay • 84 15.0ft 37.5 5.875 1.281 0.436 43.7 54.2 2.0 m B4 20.0ft 76.2 29.543 12.593 1.052 78S 20.0 0.9 - GRAIN SIZE DISTRIBUTION lierracon Protect gravel Evaluation Site: WCR 18 and WCR 25 Weld County,Colorado Job#: 21035117 Date: 7.16.04 • Zadel Family, LLLP AI 4200 WCR 19 Fort Lupton, Colorado 80621 Source of Legal Right to Enter May 9, 2007 Mr. Carl Mount Senior Environmental Protection Specialist Colorado Division of Reclamation, Mining, and Safety 1313 Sherman Street Room 215 Denver, Colorado 80203 Re: NCCI Pit # 1 — Northern Colorado Constructors, Inc., Construction Material Regular(112) Operation Reclamation Permit Amendment IIIMr. Mount: Please accept this letter as evidence that the applicant, Northern Colorado, Inc., has permission to enter and initiate a mining operation on the affected lands. By signing this letter, we warrant that we have the legal and sole ownership and authority to offer this permission. Thank your, Zadel Family, LLLP me], [Title].2 111 157 Hello