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Home My WebLink About20260157 Leah Flesner From: Division of Reclamation, Mining and Safety <dnr_drms_permitadmin@state.co.us> Sent: Thursday, January 22, 2026 2:09 PM To: CTB Cc: ursula.armstrong@state.co.us Subject: Notice of Application Consideration for Permit: M2026014 Attachments: d6a4a326-3942-4bbe-b4da-3f88bcc0c676.pdf Importance: High Follow Up Flag: Follow up Flag Status: Flagged This Message Is From an External Sender This email was sent by someone outside Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please see attached correspondence from the Division of Reclamation, Mining and Safety. DO NOT REPLY to this email message.This mailbox is not monitored for incoming messages. Please refer to the attached document to locate the email address of the sender. Pl.\b\\C Vktiz 11Nnrc 1DA\Am\ \ \m'ci•> 2026-0157 \ (Da 1 a c� l -\ \Cy-.\I�\ w\a \Sg> \ a� \au) © COLORADO - Division of Reclamation, D N R Mining and Safety Department of Natural Resources NOTICE Consideration of 110c Construction Materials Reclamation Permit Application DATE: January 22,2026 TO: Weld County Commissioners 11500St P.O. Box 758 Greeley,CO 80631 RE: BERNHARDT OVERBURDEN MINE,File No. M-2026-014 Please be advised that on January 22,2026,BURNCO COLORADO,whose address and telephone number are 1120 W 122ND AVE,STE 301,WESTMINSTER,CO 80234;(303)913-6583,filed an application to conduct a(n)Surface mining and reclamation operation,at or near Section 1,Township 4N, Range 67W,06th Principle Meridian,in Weld County. Please be advised that the permit area may be located in more than one Section, Township, and Range. Affected lands will be reclaimed to support a(n) Rangeland post-mining land use. The application decision date is scheduled for February 21,2026. A copy of the application is available for review at the Weld County Clerk&Recorder's office and at the office of the Division of Reclamation,Mining and Safety. The application,as well as all other permit documents,can also be viewed using this link: Link to Imaged Documents by searching M2026014 in the"Permit No"field.A user guide is available to help first time users of the imaged document system and can be viewed using this link: Laserfiche Weblink Guide To be considered in the review process,comments or objections on the application must be submitted in writing within ten (10) days of the date of the last newspaper public notice. You should contact the applicant for the newspaper publication date. The Office will assume you have no comment or objection to the proposed activity if none are received by the end of the public comment period. If you need additional information or have any questions regarding the above-named application, please contact Ursula E.Armstrong at the Division of Reclamation,Mining and Safety, 1313 Sherman Street,Room 215,Denver,CO 80203,by telephone at(720)793-3031,or by email at Ursula.armstrong@state.co.us. M-AP-05A Physical Address: 1313 Sherman Street,Room 215,Denver,CO 80203 P 303.866.3567 F 303.832.8106 ;N . Mailing Address: DR/AS Room 215, 1001 E 62nd Ave, Denver,CO 80216 https://drms.colorado.gov • ; Jared S. Polls,Governor I Dan Gibbs,Executive Director I Michael A.Cunningham, Director ! i 876,•- Leah Flesner From: Andy Rodriguez <andy@civilresources.com> Sent: Wednesday, January 7, 2026 2:47 PM To: Jan Warwick Cc: Mariah Higgins; CTB;Joel Bolduc Subject: Bernhardt 110 Application Attachments: 20260107 Bernhardt_110_Full Application.pdf Follow Up Flag: Follow up Flag Status: Flagged This Message Is From an External Sender This email was sent by someone outside Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Jan, Attached is the Bernhardt DRMS 110 Application for BURNCO COLORADO LLC, to be posted for public review. Please verify receipt of the package. Thanks, Andy Rodriguez, P.E. Civil Resources, LLC 8308 Colorado Blvd Suite 200 Firestone, CO 80504 Phone: 303 833 1416 x202 Cell: 303 909 0776 www.civilresources.com STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St.,Room 215 O Denver,Colorado 80203 C L O R A D D IVISION OF Phone:(303)866-3567 RECLAMATION FAX:(303)832-8106 MINING —&— SAF ETY CONSTRUCTION MATERIALS LIMITED IMPACT(110)OPERATION RECLAMATION PERMIT APPLICATION FORM CHECK ONE: El There is a File Number Already Assigned to this Operation Permit# M - - (Please reference the file number currently assigned to this operation) ✓ New Application(Rule 1.4.5) D Amendment Application(Rule 1.10) Conversion Application(Rule 1.11) Permit# M - - - (provide for Amendments and Conversions of existing permits) The application for a Construction Materials Limited Impact(110) Operation Reclamation Permit contains three major parts: (1)the application form;(2)Exhibits A-J,Exhibit L,Addendum 1,any sections of Exhibit 6.5 and Geotechnical Stability Exhibit,as required by the Office,and outlined in Rules 6.1,6.2,6.3,6.5,and 1.6.2(1)(b);and(3)the application fee. When you submit your application,be sure to include one (1)complete signed and notarized ORIGINAL and one(1)copy of the completed application form,two(2)copies of Exhibits A-J,Exhibit L,Addendum 1,and appropriate sections of 6.5 (Geotechnical Stability Exhibit),as required,and a check for the application fee described under(4)below. Exhibits should NOT be bound or in a 3-ring binder;maps should be folded to 8 1/2"X 11"or 8 1/2"X 14" size. To expedite processing,please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly,in the space provided, ALL information described below. 1. Applicant/operator or company name(name to be used on permit): BURNCO Colorado, LLC 1.1 Type of organization(corporation,partnership,etc.): LLC 2. Operation name(pit,mine or site namel: Bernhardt Overburden Mine 3. Permitted acreage(new or existing site): 0.00 permitted acres 3.1 Change in acreage(+) 9.98 acres 3.2 Total Acreage in Permit Area 9.98 acres 4. Fees: 4.1 New Application: $1258.00 application fee Amendment Fee(C.R.S.34-32.5-125(I1)): $827.00 application fee 5. Primary commoditie(s)to be mined: overburden Topsoil 5.1 Incidental commoditie(s)to be mined: 1. / lbs/Tons/yr 2. / lbs/Tons/yr 3. / lbs/Tons/yr 4. / lbs/Tons/yr 5. / lbs/Tons/yr 5.2 Anticipated end use of primary commoditie(s)to be mined: Fill,Topsoil Anticipated end use of incidental commoditie(s)to be mined: -2- I I. Correspondence Information: APPLICANT/OPERATOR (name,address,and phone of name to be used on permit) Contact's Name: Joel Bolduc Title: Land&Environment Manager U.S. Company Name: BURNCO Colorado, LLC Street/P.O.Box: 1120 W 122nd Ave Suite 301 P.O.Box: City: Westminster State: CO Zip Code: 80234 Telephone Number: (303- )- 913-6583 Fax Number: ( )- PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Same as above Title: Company Name: Street/P.O.Box: P.O.Box: City: State: Zip Code: Telephone Number: ( )- Fax Number: ( )- INSPECTION CONTACT Contact's Name: Same as above Title: Company Name: Street/P.O.Box: P.O. Box: City: State: Zip Code: Telephone Number: ( )- Fax Number: ( )- CC: STATE OR FEDERAL LANDOWNER(if any) Agency: N/A Street: City: State: Zip Code: Telephone Number: ( )- CC: STATE OR FEDERAL LANDOWNER(if any) Agency: N/A Street: City: State: Zip Code: Telephone Number: ( )- -3 - 7. Name of owner of the subsurface rights of affected land: Bemhardt Farms LLC 8. Name of owner of the surface of affected land: Bernhardt Farms LLC 9. Type of mining operation: 1 Surface I I Underground In-situ 10. Location information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN(check one): El 6th(Colorado) 10th(New Mexico) CI Ute SECTION(write number): S 1 TOWNSHIP(write number and check direction): T 4.0 51 North El South RANGE(write number and check direction): R 67.0El East 0 West QUARTER SECTION(check one): 17 NE 1 1 NW El SE 1 1 SW QUARTER/QUARTER SECTION(check one): NE 151 NW SE CI SW GENERAL DESCRIPTION:(the number of miles and direction from the nearest town and the approximate elevation): 11899 CR48, Milliken, CO 80543, one mile northeast of Town of Milliken, 4,725 ft elevation I I. Primary Mine Entrance Location(report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (N) 39° 44' 12.98" (W) 104° 59' 3.87" Latitude(N): deg min sec (2 decimal places) Longitude(W): deg min sec (2 decimal places) OR Example: (N) 39.73691° (W) -104.98449° Latitude(N) 40 .33,696.00000 (5 decimal places) Longitude(W) -104 82,995.00000 (5 decimal places) OR Universal Tranverse Mercator(UTM) Example: 201336.3 E NAD27 Zone 13 4398351.2 N UTM Datum(specify NAD27,NAD83 or WGS 84)_NAD83 Zone 13 Easting Northing -4- 12. Primer future(Post-mining)land use(checluag): Cropland(CR) — Pastureland(PL) General Agriculture(GA) ✓ Rangeland(RL) — Forestry(FR) Wildlife Habitat(WL) —Residential(RS) — Recreation(RC) — Industrial/Commercial(IC) Developed Water Resources(WR) _Solid Waste Disposal(WD) 13. Prim resent land use(check one): Cropland(CR) Pastureland(PL) General Agriculture(GA) ElRangeland(RL) Forestry(FR) E Wildlife Habitat(WL) Residential(RS) DRecreation(RC) U Industrial/Commercial(IC) Developed Water Resources(WR) El Mining(MN) 14. If this operation will use designated chemicals,or will result,or presently has acid mine drainage-you cannot use this application form. You must submit either a 110d or 112d application form for Designated Mining Operations. In either case,you must list any acidic or toxic-forming materials,exposed or disturbed as a result of the mining operation,and whether the operation will result in or presently has acid mine drainage: No acid mine drainage 15. Description of Amendment or Conversion: If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s): N/A Maps& Exhibits: Submit two(2)complete, unbound copies of the following application exhibits: 6.3.1 EXHIBIT A-Legal Description and Location Map 6.3.2 EXHIBIT B - Site Description 6.3.3 EXHIBIT C - Mining Plan 6.3.4 EXHIBIT D- Reclamation Plan 6.3.5 EXHIBIT E- Maps,to include the location of any recorded easements 6.3.6 EXHIBIT F- List of Other Permits and Licenses Required 6.3.7 EXHIBIT G-Source of Legal Right-to-Enter 6.3.8 EXHIBIT H - Municipalities Within a Two-mile Radius 6.3.9 EXHIBIT I - Proof of Filing with County Clerk 6.3.10 EXHIBIT J - Proof of Mailing Notices of Permit Application 6.3.12 EXHIBIT L- Permanent Man-Made Structures 1.6.2(1)(b) ADDENDUM 1 -Notice Requirements(sample enclosed) 6.5 Geotechnical Stability Exhibit(as required) - 5 - Responsibilities as a Permittee: Upon application approval and permit issuance,this application becomes a legally binding document. Therefore,there are a number of important requirements which you,as a permittee,should fully understand. These requirements are listed below. Please read and initial each requirement, in the space provided, to acknowledge that you understand your obligations. If you do not understand these obligations then please contact this Office for a full explanation. 1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; 2. The Board may suspend or revoke this permit,or assess a civil penalty,upon a finding that the permittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information contained in the application or your permit misrepresent important material facts; 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties,to you as permittee can result; 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office; 5. It is your responsibility to notify the Office of any changes in your address or phone number; 6. Upon permit issuance and prior to beginning on-site mining activity,you must post a sign at the entrance of the mine site,which shall be clearly visible from the access road,with the following information(Rule 3.1.12): a. the name of the operator; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board;and, c. the permit number. 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance; 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application,as well as with the provisions of the Act and the Mineral Rules and Regulations in effect at the time the permit is issued. 9. Annually,on the anniversary date of permit issuance,you must submit an annual fee as specified by Statute,and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date(if there are changes from the previous year),any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example,a permit with the anniversary date of July 1, 1995,the annual fee is for the period of July 1, 1994 through June 30, 1995.Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty,revocation of your permit,and forfeiture of your financial warranty. It is your responsibility,as the permittee,to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. 10. For joint venture/partnership permittee:the signing representative is authorized to sign when document and a power of attorney(provided by the partner(s))authorizing the signature of the representative is attached to this application. -6- NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions,changes,and deletions to this document prior to final decision by the Office. Therefore,if you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what changes may have been made to the application document. The Office is not allowed to consider comments,unless they are written,and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Office review and decision or appeals process,you may contact the Office at(303)866-3567. -7- Certification: As an authorized representative of the applicant,I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1. All necessary approvals from local government have been applied for(Section 34-32.5-110(l)(a)(VIII). 2. To the best of my knowledge,all significant,valuable and permanent man-made structure(s)in existence at the time this application is filed, and located within 200 feet of the proposed affected area have been identified in this application (Section 34-32.5-115(4)(e),C.R.S.). (NOTE: For 110 operations,the affected area includes all lands delineated by the permit boundary.) 3. No mining operation will be located on lands where such operations are prohibited by law(Section 34-32.5-115(4)(f), C.R.S.). 4. As the applicant/operator,I do not have any mining/exploration operations in the State of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials(Section 34-32.5-120,C.R.S.). 5. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503,C.R.S. 1984. This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-110,C.R.S.,of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to section 34-32.5-123, C.R.S. Signed and dated this day of . If Corporation Attest(Seal) Applicant/Operator Signed: Signed: Corporate Secretary or Equivalent Title: Town/City/County Clerk State of ) )ss. County of ) The foregoing instrument was acknowledged before me this day of , ,by as of . Notary Public My Commission expires: SIGNATURES MUST BE IN BLUE INK EXHIBIT Al - LEGAL DESCRIPTION This information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.3.1 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: LEGAL DESCRIPTION PARCEL 1: A PORTION OF THE NORTHWEST'/.OF THE SOUTHEAST 1/4 OF SECTION 1 TOWNSHIP 4N RANGE 67W WEST OF THE 6TH P.M. PROPOSED CENTER AREA WHERE THE MAJORITY OF MINING WILL OCCUR IS IN THE NORTHWEST'/a OF THE SOUTHEAST '/ OF SECTION 1 TOWNSHIP 4N RANGE 67W WEST OF THE 6TH P.M. COUNTY OF WELD, STATE OF COLORADO MINING PERMIT BOUNDARY See Exhibit El Map MINING ENTRANCE Latitude: 40°20'26.79"N Longitude: 104°50'6.25"W Bernhardt—Overburden Mine—MLRB 110 Permit Application Exhibit Al EXHIBIT A2-GENERAL LOCATION MAP — 4 RI.; . ,- , -_, ,-- . .‘ S • ' :-LI:..-', ',-4.- ' f;-_-1- , ,, -,- '4 ..,„ BERNHARDT PROPOSED .....ST 01. ,:._ ' ' -- , . PERMIT BOUNDARY . .d..-4 -- ir..... ,/iiik. ...,.... lie.1 7 r1/4N,S* ,\'=-.;\-1W Tt`- ,,.'4 --A i. ......!4!-- -•,..• ..--- lr''' .(ittNIt Ilk24. • - .8_ -_:, - ' - .'- ' .-- `..:.--..----; -..4?-4 -,--_.„4 ,, ,,-. — \''44,!s,‘‘N."..,14'-, • lfri1/4\--'''.::°1*.. ,k'''‘'4'‘-' 44;tN, .-- •.• • - ,. ., . ._. , ., ,,.. . 7' $45°' N '3' . 1....,,.*._.41,, -1 --- ,-- - . •... 2-:;s \ _-:.......... 11\\44 , -, . ,. , .,,P . • \-,,..,\,.:„:4N,_ok---• . --NI!itkt II) ,) .„..,-..,-,::, ,. - .BERNHARDT 112 MINE PERMIT BOUNDARY . .. ..,- - - • h`.74,:i4--`',1, - - WCR 48 . .,,1.'. • _ - . . .-,' - 'oy . -. , , '" • - ` Ipopp2.7•-• . - . -• - ,--- • .--:--......0.1%.- , ' .,. - .. .• , f.,---40.:11,-• - •..' - HIGHWAY 60 ' - . -- ---',._ . • --. :.- ,. ----- - -4, - -. '-:. .,. . .,::,. .. . „v, ,...,,,,...,,...„.. , . ,,,,,,.., „ .„. .. . ..._ Bernhardt-Overburden Mine-MLRB 110 Permit Application Exhibit A2 EXHIBIT B -SITE DESCRIPTION This information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.3.2 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: Items (a)-(c)below must be addressed to the extent necessary to demonstrate compliance with the applicable performance standard requirements of Rule 3.At a minimum, the Operator/Applicant shall include the following information: (a) a description of the vegetation and soil characteristics in the area of the proposed operation. The local office of the Soil Conservation Service(SCS)may provide you with this information as well as recommendations for Exhibit D- Reclamation Plan; See the attached NRCS soils report for the site as well as the attached 2019 Savage and Savage Report for vegetation information. (b) identify any permanent man-made structures within two hundred(200) feet of the affected area and the owner of each structure. Each structure should be located on Exhibit E-Map; Permanent man-structures located within 200'of the affected area are: • Slurry wall • 4-Strand Fence (c) a description of the water resources in the area of the proposed operation. Identify any streams,springs, lakes, stock water ponds, ditches, reservoirs, and aquifers that would receive drainage directly from the affected area. Provide any information available from publications or monitoring data on flow rates, water table elevations and water quality conditions;and The affected area is 0.1 miles north of the Big Thompson River. The site overlays the Big Thompson River alluvial aquifer. Water level is generally 5-10 feet below ground surface. (d) A wildlife statement prepared by the Colorado Division of Wildlife(DOW)is not required for 111 Special Operations, or 110, or 110(6)Limited Impact Operations. The Operator/Applicant may contact the local Colorado Division of Wildlife(DOW) representative to verify that no critical or important wildlife habitats or wildlife species will be impacted by the proposed operation. Bernhardt—Overburden Mine—MLRB 110 Permit Application Exhibit B USDA United States A product of the National Custom Soil Resource Department of Cooperative Soil Survey, Agriculture a joint effort of the United Report for N RCS States Department of Agriculture and other Weld County Federal agencies, State Natural agencies including the Colorado, Resources Agricultural Experiment Conservation Stations, and local Service participants S o u t h e r n Part 6.) lY ,n.r. S '•i_ Y 1. • _. , •,,, - .,. Ill - it C _ T ' .- _ 0 MI•�EN=MMEN 700 ft ._ . October 1, 2025 Preface Soil surveys contain information that affects land use planning in survey areas. They highlight soil limitations that affect various land uses and provide information about the properties of the soils in the survey areas. Soil surveys are designed for many different users, including farmers, ranchers, foresters, agronomists, urban planners, community officials, engineers, developers, builders, and home buyers. Also, conservationists, teachers, students, and specialists in recreation, waste disposal, and pollution control can use the surveys to help them understand, protect, or enhance the environment. Various land use regulations of Federal, State, and local governments may impose special restrictions on land use or land treatment. Soil surveys identify soil properties that are used in making various land use or land treatment decisions. The information is intended to help the land users identify and reduce the effects of soil limitations on various land uses. The landowner or user is responsible for identifying and complying with existing laws and regulations. Although soil survey information can be used for general farm, local, and wider area planning, onsite investigation is needed to supplement this information in some cases. Examples include soil quality assessments(http://www.nrcs.usda.gov/wps/ portal/nrcs/main/soils/health/) and certain conservation and engineering applications. For more detailed information, contact your local USDA Service Center (https://offices.sc.egov.usda.gov/locator/app?agency=nres)or your NRCS State Soil Scientist(http://www.nres.usda.gov/wps/portal/nres/detail/soils/contactus/? cid=nrcs142p2_053951). Great differences in soil properties can occur within short distances. Some soils are seasonally wet or subject to flooding. Some are too unstable to be used as a foundation for buildings or roads. Clayey or wet soils are poorly suited to use as septic tank absorption fields. A high water table makes a soil poorly suited to basements or underground installations. The National Cooperative Soil Survey is a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local agencies. The Natural Resources Conservation Service (NRCS) has leadership for the Federal part of the National Cooperative Soil Survey. Information about soils is updated periodically. Updated information is available through the NRCS Web Soil Survey, the site for official soil survey information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require 2 alternative means for communication of program information (Braille, large print, audiotape, etc.)should contact USDA's TARGET Center at(202)720-2600 (voice and TDD).To file a complaint of discrimination,write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or(202) 720-6382 (TDD). USDA is an equal opportunity provider and employer. 3 Contents Preface 2 How Soil Surveys Are Made 5 Soil Map 8 Soil Map 9 Legend 10 Map Unit Legend 11 Map Unit Descriptions 11 Weld County, Colorado, Southern Part 13 3—Aquolls and Aquents, gravelly substratum 13 17—Colby loam, 5 to 9 percent slopes 14 61—Tassel fine sandy loam, 5 to 20 percent slopes 15 85—Water 17 References 18 4 How Soil Surveys Are Made Soil surveys are made to provide information about the soils and miscellaneous areas in a specific area. They include a description of the soils and miscellaneous areas and their location on the landscape and tables that show soil properties and limitations affecting various uses. Soil scientists observed the steepness, length, and shape of the slopes; the general pattern of drainage; the kinds of crops and native plants; and the kinds of bedrock. They observed and described many soil profiles. A soil profile is the sequence of natural layers, or horizons, in a soil. The profile extends from the surface down into the unconsolidated material in which the soil formed or from the surface down to bedrock. The unconsolidated material is devoid of roots and other living organisms and has not been changed by other biological activity. Currently, soils are mapped according to the boundaries of major land resource areas(MLRAs). MLRAs are geographically associated land resource units that share common characteristics related to physiography, geology, climate, water resources, soils, biological resources, and land uses(USDA, 2006). Soil survey areas typically consist of parts of one or more MLRA. The soils and miscellaneous areas in a survey area occur in an orderly pattern that is related to the geology, landforms, relief, climate, and natural vegetation of the area. Each kind of soil and miscellaneous area is associated with a particular kind of landform or with a segment of the landform. By observing the soils and miscellaneous areas in the survey area and relating their position to specific segments of the landform, a soil scientist develops a concept, or model, of how they were formed. Thus, during mapping, this model enables the soil scientist to predict with a considerable degree of accuracy the kind of soil or miscellaneous area at a specific location on the landscape. Commonly, individual soils on the landscape merge into one another as their characteristics gradually change.To construct an accurate soil map, however, soil scientists must determine the boundaries between the soils. They can observe only a limited number of soil profiles. Nevertheless, these observations, supplemented by an understanding of the soil-vegetation-landscape relationship, are sufficient to verify predictions of the kinds of soil in an area and to determine the boundaries. Soil scientists recorded the characteristics of the soil profiles that they studied.They noted soil color, texture, size and shape of soil aggregates, kind and amount of rock fragments, distribution of plant roots, reaction, and other features that enable them to identify soils.After describing the soils in the survey area and determining their properties, the soil scientists assigned the soils to taxonomic classes(units). Taxonomic classes are concepts. Each taxonomic class has a set of soil characteristics with precisely defined limits. The classes are used as a basis for comparison to classify soils systematically. Soil taxonomy, the system of taxonomic classification used in the United States, is based mainly on the kind and character of soil properties and the arrangement of horizons within the profile.After the soil 5 Custom Soil Resource Report scientists classified and named the soils in the survey area, they compared the individual soils with similar soils in the same taxonomic class in other areas so that they could confirm data and assemble additional data based on experience and research. The objective of soil mapping is not to delineate pure map unit components; the objective is to separate the landscape into landforms or landform segments that have similar use and management requirements. Each map unit is defined by a unique combination of soil components and/or miscellaneous areas in predictable proportions. Some components may be highly contrasting to the other components of the map unit. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The delineation of such landforms and landform segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, onsite investigation is needed to define and locate the soils and miscellaneous areas. Soil scientists make many field observations in the process of producing a soil map. The frequency of observation is dependent upon several factors, including scale of mapping, intensity of mapping, design of map units, complexity of the landscape, and experience of the soil scientist. Observations are made to test and refine the soil-landscape model and predictions and to verify the classification of the soils at specific locations. Once the soil-landscape model is refined, a significantly smaller number of measurements of individual soil properties are made and recorded. These measurements may include field measurements, such as those for color, depth to bedrock, and texture, and laboratory measurements, such as those for content of sand, silt, clay, salt, and other components. Properties of each soil typically vary from one point to another across the landscape. Observations for map unit components are aggregated to develop ranges of characteristics for the components. The aggregated values are presented. Direct measurements do not exist for every property presented for every map unit component. Values for some properties are estimated from combinations of other properties. While a soil survey is in progress, samples of some of the soils in the area generally are collected for laboratory analyses and for engineering tests. Soil scientists interpret the data from these analyses and tests as well as the field-observed characteristics and the soil properties to determine the expected behavior of the soils under different uses. Interpretations for all of the soils are field tested through observation of the soils in different uses and under different levels of management. Some interpretations are modified to fit local conditions, and some new interpretations are developed to meet local needs. Data are assembled from other sources, such as research information, production records, and field experience of specialists. For example, data on crop yields under defined levels of management are assembled from farm records and from field or plot experiments on the same kinds of soil. Predictions about soil behavior are based not only on soil properties but also on such variables as climate and biological activity. Soil conditions are predictable over long periods of time, but they are not predictable from year to year. For example, soil scientists can predict with a fairly high degree of accuracy that a given soil will have a high water table within certain depths in most years, but they cannot predict that a high water table will always be at a specific level in the soil on a specific date. After soil scientists located and identified the significant natural bodies of soil in the survey area, they drew the boundaries of these bodies on aerial photographs and 6 Custom Soil Resource Report identified each as a specific map unit.Aerial photographs show trees, buildings, fields, roads, and rivers, all of which help in locating boundaries accurately. 7 Soil Map The soil map section includes the soil map for the defined area of interest, a list of soil map units on the map and extent of each map unit, and cartographic symbols displayed on the map. Also presented are various metadata about data used to produce the map, and a description of each soil map unit. 8 Custom Soil Resource Report Soil Map a v k 513500 513933 513703 513303 513333 5140:0 51411:0 514333 514333 40.2035.N Off r X' r \\ 17 ' 1 ,„4\1/4 . ., ..... .. ..........„ . 1 _ 85 3 kk' .. ..... . t i . N, ...its .,` c • `n. M090 Gamy yrasf noB Ike mel il m¢(t9c 1 E - $ 'e a _ V 2015.N 513930 513333 5137E0 513E0 513303 51 Nap Sale:1:4,260 Itprtkda1 A larldsape(11"x&Sy sheet Metos $ N 0 a) 100 203 303 AFeet Nap Pro1 :NIE4 Mercator Coma mardhates:V 084 Edge tics:UN ame 13N YMGSB4 9 Custom Soil Resource Report MAP LEGEND MAP INFORMATION Area of Interest(AOI) c. Spoil Area The soil surveys that comprise your AOI were mapped at T-1 Area of Interest(AOI) 1:24,000. Stony Spot Soils65 Very Stony Spot Li Soil Map Unit PolygonsWarning:Sod Map may not be valid at this scale. Wet Spot y Soil Map Unit Lines Enlargement of maps beyond the scale of mapping can cause other misunderstandingof the detail of mapping and accuracyof soil • Soil Map Unit Points PP 9 Special Line Features line placement.The maps do not show the small areas of Special Point Features contrasting soils that could have been shown at a more detailed V Blowout Water Features scale. Streams and Canals ® Borrow Pit Transportation Please rely on the bar scale on each map sheet for map Clay Spot +4, Rails measurements. (l Closed Depression Interstate Highways Gravel Pit Source of Map: Natural Resources Conservation Service US Routes Web Soil Survey URL: Gravelly Spot Major Roads Coordinate System: Web Mercator(EPSG:3857) O Landfill Local Roads Maps from the Web Soil Survey are based on the Web Mercator A. Lava Flow Background projection,which preserves direction and shape but distorts distance and area.A projection that preserves area,such as the 4k, Marsh or swamp . Aerial Photography Albers equal-area conic projection,should be used if more it Mine or Quarry accurate calculations of distance or area are required. O Miscellaneous Water This product is generated from the USDA-NRCS certified data as O Perennial Water of the version date(s)listed below. v Rock Outcrop Soil Survey Area: Weld County,Colorado,Southem Part + Saline Spot Survey Area Data: Version 24,Aug 29,2025 Sandy Spot Soil map units are labeled(as space allows)for map scales 4. Severely Eroded Spot 1:50,000 or larger. • Sinkhole Dates)aerial images were photographed: Jun 8,2021—Jun 12, 3) Ode or Slip 2021 iff 0 Spot The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the badtground imagery displayed on these maps.As a result,some minor shifting of map unit boundaries may be evident 10 Custom Soil Resource Report Map Unit Legend Map Unit Symbol Map Unit Name Acres In AOI Percent of AOI 3 Aquolls and Aquents,gravelly 42.7 63.0% substratum 17 Colby loam,5 to 9 percent 2.5 3.7% slopes 61 Tassel fine sandy loam,5 to 20 20.6 30.4% percent slopes 85 I Water 1.9 2.8% Totals for Area of Interest T 67.7 100.0% Map Unit Descriptions The map units delineated on the detailed soil maps in a soil survey represent the soils or miscellaneous areas in the survey area. The map unit descriptions, along with the maps, can be used to determine the composition and properties of a unit. A map unit delineation on a soil map represents an area dominated by one or more major kinds of soil or miscellaneous areas.A map unit is identified and named according to the taxonomic classification of the dominant soils. Within a taxonomic class there are precisely defined limits for the properties of the soils. On the landscape, however, the soils are natural phenomena, and they have the characteristic variability of all natural phenomena. Thus, the range of some observed properties may extend beyond the limits defined for a taxonomic class. Areas of soils of a single taxonomic class rarely, if ever, can be mapped without including areas of other taxonomic classes. Consequently, every map unit is made up of the soils or miscellaneous areas for which it is named and some minor components that belong to taxonomic classes other than those of the major soils. Most minor soils have properties similar to those of the dominant soil or soils in the map unit, and thus they do not affect use and management.These are called noncontrasting, or similar, components.They may or may not be mentioned in a particular map unit description. Other minor components, however, have properties and behavioral characteristics divergent enough to affect use or to require different management. These are called contrasting, or dissimilar, components. They generally are in small areas and could not be mapped separately because of the scale used. Some small areas of strongly contrasting soils or miscellaneous areas are identified by a special symbol on the maps. If included in the database for a given area, the contrasting minor components are identified in the map unit descriptions along with some characteristics of each. A few areas of minor components may not have been observed, and consequently they are not mentioned in the descriptions, especially where the pattern was so complex that it was impractical to make enough observations to identify all the soils and miscellaneous areas on the landscape. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The objective of mapping is not to delineate 11 Custom Soil Resource Report pure taxonomic classes but rather to separate the landscape into landforms or landform segments that have similar use and management requirements. The delineation of such segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, however, onsite investigation is needed to define and locate the soils and miscellaneous areas. An identifying symbol precedes the map unit name in the map unit descriptions. Each description includes general facts about the unit and gives important soil properties and qualities. Soils that have profiles that are almost alike make up a soil series. Except for differences in texture of the surface layer, all the soils of a series have major horizons that are similar in composition, thickness, and arrangement. Soils of one series can differ in texture of the surface layer, slope, stoniness, salinity, degree of erosion, and other characteristics that affect their use. On the basis of such differences, a soil series is divided into soil phases. Most of the areas shown on the detailed soil maps are phases of soil series.The name of a soil phase commonly indicates a feature that affects use or management. For example,Alpha silt loam, 0 to 2 percent slopes, is a phase of the Alpha series. Some map units are made up of two or more major soils or miscellaneous areas. These map units are complexes, associations, or undifferentiated groups. A complex consists of two or more soils or miscellaneous areas in such an intricate pattern or in such small areas that they cannot be shown separately on the maps. The pattern and proportion of the soils or miscellaneous areas are somewhat similar in all areas. Alpha-Beta complex, 0 to 6 percent slopes, is an example. An association is made up of two or more geographically associated soils or miscellaneous areas that are shown as one unit on the maps. Because of present or anticipated uses of the map units in the survey area, it was not considered practical or necessary to map the soils or miscellaneous areas separately. The pattern and relative proportion of the soils or miscellaneous areas are somewhat similar. Alpha-Beta association, 0 to 2 percent slopes, is an example. An undifferentiated group is made up of two or more soils or miscellaneous areas that could be mapped individually but are mapped as one unit because similar interpretations can be made for use and management.The pattern and proportion of the soils or miscellaneous areas in a mapped area are not uniform.An area can be made up of only one of the major soils or miscellaneous areas, or it can be made up of all of them.Alpha and Beta soils, 0 to 2 percent slopes, is an example. Some surveys include miscellaneous areas. Such areas have little or no soil material and support little or no vegetation. Rock outcrop is an example. 12 Custom Soil Resource Report Weld County, Colorado, Southern Part 3—Aquolls and Aquents, gravelly substratum Map Unit Setting National map unit symbol: 3627 Elevation: 4,000 to 7,200 feet Mean annual precipitation: 12 to 18 inches Mean annual air temperature: 45 to 55 degrees F Frost-free period: 80 to 155 days Farmland classification: Farmland of statewide importance Map Unit Composition Aquolls and similar soils: 55 percent Aquents, gravelly substratum, and similar soils: 30 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Aquolls Setting Landform: Swales, streams, flood plains Down-slope shape: Linear Across-slope shape: Linear Parent material: Recent alluvium Typical profile H1 -0 to 48 inches: loam H2-48 to 60 inches: gravelly sand Properties and qualities Slope:0 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Poorly drained Runoff class: Low Capacity of the most limiting layer to transmit water(Ksat): Moderately high to high (0.20 to 2.00 in/hr) Depth to water table:About 6 to 48 inches Frequency of flooding: Frequent Frequency of ponding: None Maximum salinity: Nonsaline to slightly saline(0.0 to 4.0 mmhos/cm) Available water supply, 0 to 60 inches: Moderate(about 8.0 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification(nonirrigated): 6w Hydrologic Soil Group: D Ecological site: R067BY035C0-Salt Meadow Hydric soil rating: Yes Description of Aquents, Gravelly Substratum Setting Landform: Stream terraces Down-slope shape: Linear Across-slope shape: Linear 13 Custom Soil Resource Report Parent material: Recent alluvium Typical profile H1 -0 to 48 inches: variable H2-48 to 60 inches: very gravelly sand Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Poorly drained Runoff class: Very high Capacity of the most limiting layer to transmit water(Ksat): Moderately high to very high (0.57 to 19.98 in/hr) Depth to water table:About 6 to 24 inches Frequency of flooding: Frequent Frequency of ponding: None Calcium carbonate, maximum content: 10 percent Maximum salinity: Nonsaline to moderately saline(0.0 to 8.0 mmhos/cm) Available water supply, 0 to 60 inches: Moderate(about 6.6 inches) Interpretive groups Land capability classification (irrigated): 6w Land capability classification (nonirrigated): 6w Hydrologic Soil Group: D Ecological site: R067BY035C0-Salt Meadow Hydric soil rating: Yes Minor Components Bankard Percent of map unit: 10 percent Hydric soil rating: No Ustic torrifluvents Percent of map unit: 5 percent Hydric soil rating: No 17—Colby loam, 5 to 9 percent slopes Map Unit Setting National map unit symbol: 361s Elevation: 4,850 to 5,050 feet Mean annual precipitation: 12 to 16 inches Mean annual air temperature: 48 to 50 degrees F Frost-free period: 135 to 155 days Farmland classification: Not prime farmland Map Unit Composition Colby and similar soils: 90 percent Minor components: 10 percent 14 Custom Soil Resource Report Estimates are based on observations, descriptions, and transects of the mapunit. Description of Colby Setting Landform: Ridges, hills Down-slope shape: Linear Across-slope shape: Linear Parent material: Calcareous eolian deposits Typical profile H1 -0 to 7 inches: loam H2- 7 to 60 inches: silt loam Properties and qualities Slope: 5 to 9 percent Depth to restrictive feature: More than 80 inches Drainage class:Well drained Runoff class: Medium Capacity of the most limiting layer to transmit water(Ksat): Moderately high to high (0.57 to 2.00 in/hr) Depth to water table:More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 15 percent Available water supply, 0 to 60 inches: High (about 10.6 inches) Interpretive groups Land capability classification(irrigated): 6e Land capability classification(nonirrigated): 6e Hydrologic Soil Group: B Ecological site: R067BY008CO- Loamy Slopes Hydric soil rating: No Minor Components Wiley Percent of map unit: 10 percent Hydric soil rating: No 61—Tassel fine sandy loam, 5 to 20 percent slopes Map Unit Setting National map unit symbol: 363c Elevation: 4,850 to 5,200 feet Mean annual precipitation: 12 to 19 inches Mean annual air temperature: 46 to 52 degrees F Frost-free period: 110 to 165 days Farmland classification: Not prime farmland 15 Custom Soil Resource Report Map Unit Composition Tassel and similar soils:85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Tassel Setting Landfonn:: Breaks Down-slope shape: Linear Across-slope shape: Linear Parent material: Residuum weathered from sandstone Typical profile H1 -0 to 11 inches: fine sandy loam H2- 11 to 15 inches: very fine sandy loam H3- 15 to 20 inches: weathered bedrock Properties and qualities Slope: 5 to 20 percent Depth to restrictive feature: 10 to 20 inches to paralithic bedrock Drainage class:Well drained Runoff class: Medium Capacity of the most limiting layer to transmit water(Ksat):Moderately low to moderately high (0.06 to 0.20 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 10 percent Available water supply, 0 to 60 inches: Very low(about 2.0 inches) Interpretive groups Land capability classification(irrigated): 6e Land capability classification (nonirrigated): 6e Hydrologic Soil Group: D Ecological site: R067BY056C0- Sandstone Breaks Hydric soil rating: No Minor Components Otero Percent of map unit: 8 percent Hydric soil rating: No Terry Percent of map unit:7 percent Hydric soil rating: No 16 Custom Soil Resource Report 85—Water Map Unit Composition Water. 95 percent Minor components: 5 percent Estimates are based on observations, descriptions, and transects of the mapunit. Minor Components Aquolls Percent of map unit: 5 percent Landform:Marshes Hydric soil rating: Yes 17 References American Association of State Highway and Transportation Officials(AASHTO). 2004. Standard specifications for transportation materials and methods of sampling and testing. 24th edition. American Society for Testing and Materials(ASTM). 2005. Standard classification of soils for engineering purposes. ASTM Standard D2487-00. Cowardin, L.M.,V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of wetlands and deep-water habitats of the United States. U.S. Fish and Wildlife Service FWS/OBS-79/31. Federal Register. July 13, 1994. Changes in hydric soils of the United States. Federal Register. September 18, 2002. Hydric soils of the United States. Hurt, G.W., and L.M. Vasilas, editors. Version 6.0, 2006. Field indicators of hydric soils in the United States. National Research Council. 1995. Wetlands: Characteristics and boundaries. Soil Survey Division Staff. 1993. Soil survey manual. Soil Conservation Service. U.S. Department of Agriculture Handbook 18. http://www.nres.usda.gov/wps/portal/ nres/detail/national/soils/?cid=nres142p2_054262 Soil Survey Staff. 1999. Soil taxonomy: A basic system of soil classification for making and interpreting soil surveys. 2nd edition. Natural Resources Conservation Service, U.S. Department of Agriculture Handbook 436. http:// www.nres.usda.gov/wps/portal/nres/detail/national/soils/?cid=nres142p2_053577 Soil Survey Staff. 2010. Keys to soil taxonomy. 11th edition. U.S. Department of Agriculture, Natural Resources Conservation Service. http:// www.nres.usda.gov/wps/portal/nres/detail/national/soils/?cid=nres142p2_053580 Tiner, R.W., Jr. 1985. Wetlands of Delaware. U.S. Fish and Wildlife Service and Delaware Department of Natural Resources and Environmental Control, Wetlands Section. United States Army Corps of Engineers, Environmental Laboratory. 1987. Corps of Engineers wetlands delineation manual. Waterways Experiment Station Technical Report Y-87-1. United States Department of Agriculture, Natural Resources Conservation Service. National forestry manual. http://www.nres.usda.gov/wps/portal/nres/detail/soils/ home/?cid=nres142p2_053374 United States Department of Agriculture, Natural Resources Conservation Service. National range and pasture handbook. http://www.nres.usda.gov/wps/portal/nres/ detail/national/landuse/rangepasture/?cid=stelprdb1043084 18 Custom Soil Resource Report United States Department of Agriculture, Natural Resources Conservation Service. National soil survey handbook, title 430-VI. http://www.nres.usda.gov/wps/portal/ nres/detail/soils/scientists/?cid=n res142 p2_054242 United States Department of Agriculture, Natural Resources Conservation Service. 2006. Land resource regions and major land resource areas of the United States, the Caribbean, and the Pacific Basin. U.S. Department of Agriculture Handbook 296. http://www.nres.usda.gov/wps/portal/nres/detail/national/soils/? cid=nres142p2_053624 United States Department of Agriculture, Soil Conservation Service. 1961. Land capability classification. U.S. Department of Agriculture Handbook 210. http:// www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs142p2_052290.pdf 19 J Savage and Savage Environmental «, practical solutions for environmental issues 4610 Haystack Drive 970 674 8080 telephone ,.%, Windsor, Colorado 80550 970 674 8088 facsimile �� : " '' savageandsavage@earthlink.net April 9, 2019 Alison Michael U.S. Fish and Wildlife Service P.O. Box 25486, DFC (MS 65412) Denver, Colorado 80225 RE: Concurrence Request for Preble's Meadow Jumping Mouse Habitat Disqualification—Bestway, Bernhardt Site, Milliken, Colorado Ms. Michael: The Colorado Division of Reclamation, Mining and Safety (DRMS) has requested a Preble's meadow jumping mouse habitat evaluation for two areas at the Bestway Bernhardt mineral extraction site. The habitat evaluation is being conducted in conjunction with the Bernhardt site DRMS permit # M2002-120, Amendment 1. The amendment will add a six acre parcel located north of the Milliken Wastewater Treatment Plant to the mining permit area(Figures 1&2, Mining/Amendment Plans). The Bernhardt site is situated between the Big Thompson River and Colorado Highway 56 within the Town of Milliken, Colorado. It is located within the S'/2 of Section 1, Township 4 North, Range 67 West of the Sixth Prime Meridian in Weld County, Colorado. The latitude and longitude of the center of the Bernhardt Resource site are 40°20'14" North and 104°50'20" West. Peter Plage (formerly with the U.S. Fish and Wildlife Service (USFWS), Colorado Field Office) visited the site in the summer of 2006 and recommended our firm submit a clearance request for Area 3. He concluded Area 3 did not contain suitable mouse habitat due to lack of vegetation cover and stratification. Mr. Plage also concurred at the site that Areas 1, 2, 3A, 4, 5, and 5a were, by definition, disqualified as mouse habitat as these areas were in row crops (corn). A habitat disqualification for the Preble's meadow jumping mouse was submitted to the USFWS dated June 23, 2006 and a clearance letter was received from USFWS dated August 2, 2006. BERNHARDT SITE VISIT: 2019 Savage and Savage biologists revisited the Bernhardt site on April 9, 2019. The areas evaluated included the Amendment Area comprising approximately six acres located immediately north of the Milliken Wastewater Treatment Plant, south of the Big Thompson River; and Area 5 and 5a containing approximately 34 acres located in the northeast corner of the site, north of the Big Thompson River (Figures 3-6, Photographs of Amendment Area and Area 5 and 5a). AMENDMENT AREA The Amendment Area is similar in topography and vegetation to the prior evaluated and disqualified Area 3. Both have relic oxbow alluvial features with native and introduced grasses and ruderal species. Both areas lack stratified vegetation with a robust grass and forb community typical of Preble's meadow jumping mouse habitat. Preble's habitat typically consists of areas with thick vegetation and a shrub component that provides food and cover. Since the Amendment Area in many ways is an extension of the vegetation type and structure of Area 3, we concluded that the Amendment Area does not constitute potential habitat for the Preble's meadow jumping mouse. AREA 5 and 5a During our on-site investigation we observed that Area 5 and 5a contained corn stubble from last year's crop of corn and appears as it did when we investigated the site in 2006 with one exception. A small area(estimated at one acre) has been excavated and material stockpiled around the area perimeter. As Area 5 and 5a is in row crops, we concluded that it would be categorically disqualified as potential Preble's habitat. There were no changes or improvements to the areas investigated with the exception of that noted in Area 5 and 5a. After a review of the USFWS Environmental Conservation Online System on April 9, 2019, there appear to be no new listed species for this project area. Our conclusion from the most recent site investigation on April 9, 2019 for the Amendment Area and Area 5 and 5a found no potential habitat for the Preble's meadow jumping mouse based on the lack of suitable vegetation stratification and lifeform composition consistent with the USFWS guideline descriptions for potential Preble's habitat. Sincerely, teA'sizu,_, 6 4•-•J 45 Edith Savage Principal 4 y ... T� MIM+*MIME- AlitneeLap 9ERNI•AR'RESOURCE �'a-== _:� '_V,-:•_ _ MINING PLAN , mart... ....-,,„,,2._.....7.,c,..,,,„„;.......04 or,.4,,„..,.,. /' � �: / ate. / 7L,• ! .. _ ____ . ,...,..„.... ,....; .,,..., .3.__..,- 0 _•, __• _.......... : .. _ _ .......... ........,. _,..... ‘,. .tit.I-Z. 0 . e 'Th- .-- '....). , --- ''''"'"'.......... � �` ¢`:` Lo sL1 : 1I * �7 _ .74" :: tip ... i i ( T •' Atli I�A,P� I i�: r alfAn ,11• Mil�' -Pat MN 1 ..E1.1. ` • ` ` O. �,'\ LANEYOQ O / 1 1 � % / ` GQa651u6 AREA.29 ACRES./- rrw0426E . '• 01CArlou APPROXIMATE ONCLtAE9 PRAT Fa91N6 AREA) GOM �.\ vE� 1 M O \- - AVGQOXIMnTE 5TOMTO / WS , `/ AREA•]O ACRE9r/- cawa�ua `; \ rn�1au OSTOACX _—� \ r 1`` ENDED PERMIT -' `\ ` D1 eee 5' ` BOUNDARY \ \ '...� I SEWN AFC r• . \ '''.7 .!r.- i `/ \ PROLE P yM�MMpIpAL1 / 00�'�r•' \ / '\ I 6 ACRE ,� 1 T7O1= .O • AGVQO<1MA'E y4trr.� /'••I - / 00 'O\ \ tat /VI / '1 OOppp / 1 \ - . 6 -�L---.. / P.— � // t i \ ..j1. i�4% /� - -' 2iF •%) '' ) 11 �/strew, 1 ....: in , . k. .,. _. I ��(\ isr ,r £?. /r '1 A•tnvr ' " i; w SAC_owru I to bD Me AV `-':a l _f.) \ `wall RaOpglly �� y 1- LARS nilwr CN•5 O SpErD�y. 1• • , 1 , ' PROGYOMNO —I f -� > f _ t•..�.. `) 1 //fir000 K1T _mn.<.w... ... __J ... A III Ml®rA7101 7 / .1 Yrwa /mMeMilir as4�w' r • Amendment Area Panorama from East to West toward the South April 9,2019 tik ... ,. - .- •.tcr. ��. - _ .,».-•.t" i _ ;.r� v+ral�t7waac'•Y7Y'rl'!' ist Area 5 and 5a Panorama from West to North April 9,2019 ' "f "�' •Sate .. ._... `lam. Vegetation and Topography Characteristics of the Amendment Area April 9,2019 "7-4 W x 1 N wi • g 44 4.. .. • Mlltl.y,� i • Z } _ � • i• , 40. • I , Vegetation and Topography Characteristics of the Area 5 and 5a April 9,2019 EXHIBIT C -MINING PLAN The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.3.3 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: (a) Specify the estimated dates that mining will commence and end.If the operation is intended to be an intermitted operation as defined in C.R.S 34-32.5-103(11)(b), the Applicant should include in this exhibit a statement that conforms to the provisions of Section 31-32.5- 103(11)(b), C.R.S; Mining activities are ongoing under the 112 permit. The Miner currently holds a DRMS 112 permit for most of the proposed 110 area. The expected end date for the project is December 2028. (b) the estimated depth to which soil,suitable as a plant growth medium, will be salvaged for use in the reclamation process. This description must be consistent with information provided in Exhibit B. Sufficient soil must be salvaged to meet the vegetation establishment criteria of Rule 3.1.10.If plant growth medium is not reapplied on a graded area immediately after salvage, then the Operator/Applicant must specify how the topsoil will be stockpiled and stabilized with a vegetative cover or other means until used in reclamation. Plant growth medium stockpiles must be located separate from other stockpiles,out of the way of mine traffic and out of stream channels or drainageways. The location of plant growth medium stockpiles must be shown on Exhibit E-Map; The disturbed area is approximately 8.7 acres and the proposed application of topsoil is 6 inches which equates to approximately 6,980 cubic yards of topsoil required for reclamation.The Miner will keep 6,980 cubic yards of material from the stockpile which will be blended with cow manure from the landowner's adjacent feed lot.This material will be utilized as growth medium for reclamation. (c) specify the thickness of overburden or quantity of waste rock, if any, to be removed to reach the deposit. The location of any overburden stockpiles or waste rock fills must be shown on Exhibit E-Map; The deposit consists of an overburden stockpile that was placed above the pre-mining grade. Only above grade material will be excavated and there will be no waste material associated with the project. (d) specify the thickness of the deposit to be mined; The overburden stockpile to be removed has an average height of 25 feet. (e) describe the major components of the mining operation such as:roads and access routes, pit, office,shop/maintenance buildings,plant,processing facilities,and any underground openings such as adits or ventilation facilities. These components must be located on Exhibit E-Map; The site consists of an overburden stockpile, manure stockpile, and topsoil stockpiles around the screen. Equipment includes a portable aggregate screen and a front-end loader.The site is accessed from CR25 entering though the south access,traveling on a dirt road through the 112 Bernhardt—Overburden Mine—MLRB 110 Permit Application Exhibit C-1 permit area to the site then travel in a clockwise manner exiting through the north exit back to CR25.There will be no buildings or underground openings. (t) specify the dimensions of any significant disturbances to the land surface such as pit excavations,mine benches,impoundments,stockpiles, waste rock disposal areas,etc; The area containing the overburden stockpile to be mined is approximately 6.2 acres and the processing area is approximately 2.5 acres. (g) specify the dimensions of any existing or proposed roads that will be used for the mining operation.Describe any improvements necessary on existing roads and the specifications to be used in the construction of new roads.New or improved roads must be included as part of the permitted acreage.Describe any associated drainage and runoff conveyance structures to include sufficient information to evaluate structure sizing; The existing 20-foot wide dirt road will be used for the mining operation.The road is approximately 3/4 mile long and will not require any improvements. (h) specify how much water will be used in conjunction with the operation,and the source of this water; The only water used will be for dust suppression with expected annual water usage less than 2 acre-feet, sourced via the existing 112 permit and associated SWSP. (i) if groundwater will be encountered and/or surface water intercepted or disturbed, describe how mining will affect the quantity and quality of the surface or groundwater and the methods to be used to minimize disturbance to the surface and groundwater systems including proposed dewatering,sediment-containment or chemical treatment systems, storm water run-off controls,and groundwater points of compliance; No groundwater will be encountered or disturbed.A silt fence will be installed along the south side of the disturbed area, between the overburden stockpile and the river. (j) specify how you will comply with applicable Colorado water laws and regulations governing injury to existing water rights; No groundwater will be exposed during the operation under this permit and no existing surface water conveyances will be disturbed. (k) if refuse and acid or toxic producing materials are exposed during mining, describe how they shall be handled and disposed of in a manner that will control unsightliness and protect the drainage system from pollution; No refuse or acid or toxic producing materials are expected to be exposed during mining. (I) describe what measures will be taken to minimize disturbance to the hydrologic balance, prevent off-site damage, and provide for a stable configuration of the reclaimed area consistent with the proposed future land use; Bernhardt—Overburden Mine—MLRB 110 Permit Application Exhibit C-2 See responses to(i)and(j).The disturbed area will be graded to slope gently towards the Big Thompson River close to the pre-disturbance grade.A silt fence will be installed between the disturbed area and the river until a point that revegetation has been established. (m) specify whether the deposit will be processed on-site.If the deposit will be processed, then describe the nature of the process, facilities and chemicals utilized. The process area and any structures must be described on Exhibit E-Map; A portable dry screen will be utilized to process the overburden stockpile. (n) identify the primary and secondary commodities to be mined/extracted and describe the intended use;and The primary commodity to be mined is material contained in the overburden stockpile. No secondary commodities are anticipated. (o) name and describe the intended use of all expected incidental products to be mined/extracted by the proposed operation. No incidental products are anticipated. (p) Specify if explosives will be used in conjunction with the mining or reclamation.In consultation with the Office, the Applicant must demonstrate,pursuant to Subsection 6.5(4), Geotechnical Stability Exhibit, that off site areas will not be adversely affected by blasting during mining or reclamation operations. No explosives will be used in conjunction with the mining or reclamation. Bernhardt—Overburden Mine—MLRB 110 Permit Application Exhibit C-3 EXHIBIT D - RECLAMATION PLAN The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.3.4 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: (1) The purpose of the Reclamation Plan is to describe the timing,procedures, criteria and materials that will be used to reclaim the affected land to the proposed future land use. This plan must be correlated to Exhibit E-Map. The description of the Reclamation Plan must be adequate to satisfy the requirements of Section 3.1 and demonstrate compliance with Rule 3.At a minimum, the Application shall include the following information: (a) specify at what point in the mining plan and to what depth(s)overburden will be replaced in relation to ongoing extraction. Overburden will be utilized offsite as a primary commodity and will not be replaced. (b) specify the maximum gradient of reclaimed slopes(horizontal:vertical).If the Application proposes slopes steeper than 3:1, the Operator/Applicant must include a justification that supports steeper slopes for the proposed post-mining land use,and demonstrates compliance with the applicable performance standards of Section 3.1. The overburden stockpile will be mined leaving reclaimed slopes with gentle grades of 3 percent to 5 percent. (c) specify the measures that will be taken to revegetate the site,if applicable,including: (i) state the thickness of plant growth medium to be replaced. Sample and analyze available soils sufficiently to establish quantity and quality; The Site will be utilized as rangeland.6 inches of topsoil will be replaced over the whole of the disturbed area,approximately 8.7 acres. (ii) state at what point in the mining plan the site will be seeded.Explain how the seedbed will be prepared to eliminate compacted conditions(e.g.,plowed, chiseled, disced). State the type, application rate,and soil incorporation methods of fertilizer application, if any. NOTE:Soil amendments shall only be applied where soil tests indicate nutrient deficiencies for the plant species to be established; The topsoil will be placed and disced or plowed after the overburden stockpile has been completely removed from the 110 footprint. (iii) state the grass, forb,shrub and tree species to be planted and the applicable quantities. Specify the quantity of each grass and forb species as pounds of pure live seed per acre; • Mix Western Wheatgrass (Arriba, Barton, Rosana)2.50 lbs pls/acre • Blue Grama(Hachital, Lovington) 1.50 lbs pls/acre • Sideoats Grama(Vaughn, Butte, Niner, El Reno, Haskell) 2.25 lbs pls/acre • Smooth Brome(Lincoln, Manchar) 2.00 lbs pls/acre Bernhardt—Overburden Mine—MLRB 110 Permit Application Exhibit D-1 • Sand dropseed 0.25 lbs pls/acre • Perennial Ryegrass(Calibra or Garibaldi tetraploid)0.75 lbs pls/acre • Slender Wheatgrass(Pryor, Revenue or San Luis)2.50 lbs pls/acre • Alkaligrass (Fults II, Salt on Sea) 1.25 lbs pls/acre • Switchgrass (Nebraska 28, Blackwell) 1.00 lbs pls/acre • Total: 14.00 pound pls/acre (iv) specify the application method for grass and forb seeding.If the seed is to be broadcast, the application rate shall be twice the rate required for seed drilling.If the seedbed has not been adequately roughened prior to seeding, the seed shall be raked or harrowed after broadcast application; The seed mixture will be drilled and mulched. (v) if a mulch is needed,specify the kind to be used, the crimping method,and rate of application;and Straw mulch will be at 2 tons/acres and will be incorporated into the soil with a studded roller or crimper. (vi) explain the establishment methods for each species of shrub and/or tree,and state the number of each to be established per acre. Not applicable (d) Specify which ponds,streams,roads and buildings, if any, will remain after reclamation. These features must be shown on the Exhibit E-Map.If ponds are part of the Reclamation Plan,slopes from 5 vertical feet above to 10 vertical feet below the expected average water level cannot be steeper than 3H:1 V;remaining slope lengths may not be steeper than 2H:1 V. Where wildlife habitat is the proposed future land use,shorelines should be irregularly shaped to promote a diverse wildlife habitat. The Colorado Division of Wildlife(D0149 must be consulted where wildlife use is the proposed future land use. No other improvements are planned to remain after reclamation. (e) Specify the reclamation treatment of any waste rock dumps, underground mine openings, ditches,sediment control facilities, buildings and other features specified in your mine plan but not previously addressed in the Reclamation Plan narrative. These features must be shown on Exhibit E-Map. This should describe the measures taken to minimize disturbance to the hydrologic balance,prevent off-site damage,and provide for a stable configuration consistent with the proposed future land use. All features have been addressed. Bernhardt—Overburden Mine—MLRB 110 Permit Application Exhibit D-2 ORNfFS'UCRV O/FMAIS LLC ® .. 15(NC:C/1:11i.....4.: c ;•"' ,.,A ,.,t, ,.. ,....,:,,. ... ...,..,.. tt.,,,, ,. ��'`'jjjµµµ,,, '�- ' IqF T I f/N .\.,':r '.:-._‘,./....I. ., i W W I s iX,.1. /•� c y .ra !t`_ "1"V - j t v 5@,� C. P::,. ?t / /; _ m i'XISI �n,,y.. - J, / �U IIIIII IMMIIIMMIMIMMIINII A -. / U-I001 10 Eitliiis '---- 16 ti'r_I MOVING POW s illlii �.. nnunan 4rxgcwrtl . ,1 cs.t s� i CXKTpVC JJI PfRU/T r .. Ji t 4; f DL - NPEX - .:,. .t MINING - ?.. MAP f41-2001-120 �� r•=w �£� '- i -.., f i w� *4 4 t V ; EXHIBIT El ORS RERRn1ROT!ARMS[LC Fxb>aW.'\ �� FENCf r � _ -s-- �- � _� __— v� 16.1.41.1 �• nar7.Anu7 PERMIT IOUNDARY �` • . • • `• • •. •.`. . • • . . .-_J-�.�\i- -----``'��----------------- RM00a100.u[ . . . • • • • • • . / W •/ _ l • .••• . • .•. .• • • OVER 6'OF TOPSOIL,SEED AD MULCH + •• Y•` V V ` ` • // i F l8e'. . OVER XI ATELY .7 MESS, // w U AP1S SHE MELY E.]ACRES,SEE SEED MIX • > 7MI5 SHEET // O f O •. • Y•.• Y•Y• •.• `•.•.• • •. • ••`• Y• •• •• • . ••` •`•`•` •• E U I • / S r PROPOSED REC... ..OM// W 3 m . • • • • • . • • • • • • • • . �`\ • . . • . • . . •.•. • . •. • . • . • •• .• • .••• . 1m 111 PERM/] NiTA M-1007-110 SILT FENCE ALONG + • / MO SOUTHERN END OF DISTURBANCE . . • • . . • / PEII/PROPOSED SEEDM ‘ • . . • . • • �� / w. P...WR...12-Rr/w. Y-`P....LyMWYY.. .Y.R.r.r.R..-...Murr... 1 • • • •. . • . -S / 1 MAIL- T. uN.,rP.... (ST C rr1 PERMIT11 1. •/ �...[--_// :•„ AREA \ ' � RECLAMATION M-7007-170 1 / •'^ MAP 1--- J 8fl>� / c. EXHIBIT E2 EXHIBIT F- OTHER PERMITS AND LICENSES The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.3.6 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: DRMS 112 Permit M2002-120 Air Permit 03WE0357F Issuance 5 for the site Air Permit TBD for the portable screen Stormwater Permit C0G501548 Town of Milliken Special Use Permit Bernhardt—Overburden Mine—MLRB 110 Permit Application Exhibit F EXHIBIT G -SOURCE OF LEGAL RIGHT TO ENTER The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.3.7 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: See the attached Legal Right to Enter Document. Bernhardt—Overburden Mine—MLRB 110 Permit Application Exhibit G December 30, 2025 BURNCO Colorado, LLC 1120 W. 122nd Ave, Ste 301 Westminster, CO 80234 RE: Legal Right to Enter To Whom it May Concern: Bernhardt Farms, LLC hereby grants to BURNCO Colorado LLC the right to enter into the real property situated in Section 1, Township 4 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. Refer to Exhibit 1 for legal description. You and your officers, employees, contractors, and agents have permission to enter upon the Property for all purposes, including exploration, mining, and reclamation of the site. The permission granted by this letter shall be effective immediately and shall remain in effect until the 110 permit is released. David Bemha Timothy B iardt Bemhardt Farms, LLC Bemhardt Farms, LLC STATE OF Col raolo ) )ss. COUNTY OF WOO/ ) The foregoing instrument was acknowledged before me on du1. ( lO Z le , by David Bemhardt, as Owner of Bernhardt Farms LLC. Witness my hand and seal. My commission expires: ID-f I-2.1)-41 The foregoing instrument was acknowledged before me on Jan 2.LQ , by Timothy Bemhardt, as Owner of Bemhardt Farms LLC. Witness my hand and sea My commission expires: lb-Il-2o2? No ary Public KRISTINA LEIGH KINGSLEY Notary Public State of Colorado Notary ID*20234038719 My Commission Expires 10-11-2027 EXHIBIT 1 -LEGAL DESCRIPTION OF LEGAL RIGHT TO ENTER LANDS PARCEL DESCRIPTION: MIL 21351 SE4 14 67(BERNHARDT ANNEX)EXC STRIP 3 RODS WIDE ON E SIDE ALSO EXC BIG THOMPSON SUB ALSO EXC PT SE4 1 4 67 BEG SE COR S88D34'W 2581.36'S88D34'W 1238.63' TO POB THENCE S88D34'W 558.45'N00D43'W 651.13'S57D42'E 674.44'S00D45'W 276.92'TO POB(10L) Account: R3288304 Parcel: 105901400002 Address: 11899 COUNTY ROAD 48, MILLIKEN, CO 80543 PLSS: SECTION 1, TOWNSHIP 4 NORTH, RANGE 67 WEST EXHIBIT H - MUNICIPALITIES WITHIN A TWO-MILE RADIUS The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.3.8 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: The municipalities within a two-mile radius of the site are: The Town of Milliken 1101 Broad Street Milliken, CO 80543 970-587-4331 Bernhardt—Overburden Mine—MLRB 110 Permit Application Exhibit H EXHIBIT I -PROOF OF FILING WITH THE CLERK TO THE BOARD This information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.3.9 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: The attached letter and full application package was sent by email to the Clerk to the Board of County Commissioners to be placed for public review in Weld County. The proof of electronic transmission is attached to this Exhibit. Bernhardt—Overburden Mine—MLRB 110 Permit Amendment Application Exhibit I EXHIBIT J - PROOF OF MAILING OF NOTICES TO COUNTY COMMISSIONERS AND CONSERVATION DISTRICT The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.17 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: Bernhardt—Overburden Mine—MLRB 110 Permit Application Exhibit J Andy Rodriguez From: Kandee Nourse <kandee.nourse@wgcd.org> Sent: Monday,January 5, 2026 11:46 AM To: Andy Rodriguez Subject: Re: Benrhardt DRMS 110 Permit Received. Thank you Get Outlook for iOS From:Andy Rodriguez<andy@civilresources.com> Sent: Monday,January 5, 2026 10:44:24 AM To: Kandee Nourse<kandee.nourse@wgcd.org> Cc:Joel Bolduc<joel.bolduc@burnco.com> Subject: Benrhardt DRMS 110 Permit Kandee, Per the DRMS Rules and Regs the applicant is supposed to submit a copy of this abridged application to the Conservation District. Can you confirm you received this copy? The Applicant is: pi Joel Bolduc C■ Land&Environment Manager U.S. 23 1120 W 122nd Ave, Suite 301 Z Westminster, CO 80234 pig Tel: (303)913-6583 ra joel.bolduc@burnco.com SAFETY I TEAMWORK I CLARITY Thanks, Andy Rodriguez, P.E. Civil Resources, LLC 8308 Colorado Blvd Suite 200 Firestone, CO 80504 Phone:303 833 1416 x202 Cell: 303 909 0776 www.civilresources.com 1 EXHIBIT L- PERMANENT MAN-MADE STRUCTURES This information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.3.12 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: Permanent man-structures located within 200'of the affected area are: • Bemhardt Farms LLC: Barbed Wire Fence • Bemhardt Farms LLC: Slurry Wall Bernhardt-Overburden Mine—MLRB 110 Permit Amendment Application Exhibit L-Permanent Man-Made Structures ADDENDUM 1 ADDENDUM 1 NOTICE REQUIREMENTS 1.6.2(1)(a) Notice to Local Board of County Commissioners and Board of Supervisors of the Conservation District—SEE EXHIBIT J 1.6.2(1)(b) Post notice(sign)at the location of the proposed mine site—SEE ATTACHED AFFIDAVIT THAT THE SIGN WAS POSTED 1.6.2(1)(c) Place a copy of the application with the County Clerk or Recorder—SEE EXHIBIT I 1.6.2(1)(d) Publish a notice in a newspaper of general circulation—WILL BE COMPLETED WITHIN 10 DAYS OF APPLICATION BEING CONSIDERED FILED 1.6.2(1)(e) Mail a copy of the notice to Mineral Rights Owners and Land Owners within 200 feet of permit boundary—WILL BE COMPLETED IMMEDIATELY AFTER THE FIRST PUBLICATION Bernhardt—Overburden Mine—MLRB 110 Permit Application Exhibit Al ADDENDUM 1 NOTICE This site is the location of a proposed construction materials operation. BURNCO COLORADO, LLC whose address and phone number is 1120 W 122ND AVE, STE 301, WESTMINSTER, CO 80234-2746, (303) 913-6583, has applied for a 110 Reclamation Permit with the Colorado Mined Land Reclamation Board. Anyone wishing to comment on the application may view the application at the Weld County Clerk to the Board of County Commissioners office, 1150 0 Street, PO Box 758, Greeley, CO 80631, and should send comments prior to the end of the public comment period to the Division of Reclamation,Mining and Safety, 1313 Sherman St, Room 215, Denver, CO 80203. Certification I, Joel Bolduc, hereby certify that I posted a sign containing the above notice for the proposed permit area known as the Bernhardt Overburden Mine, on January 5, 2026. 5 Boa ture Dat Location: Entrance to 11899 CR48, Milliken, CO 80543 Hello