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Home My WebLink About20220476.tiffSG COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources NOTICE Consideration of Construction Materials Reclamation Permit Surety Reduction Request DATE: June 12, 2024 TO: Weld County Commissioners 1150O St Greeley, CO 80631 FROM: Patrick Lennberg RE: Section 20 Gravel Mine - File No. M-2022-001, Red Tierra Equities, L.L.C. Surety Reduction Request (SR -1) Surety Reduction Request to Reduce Financial Warranty Based on TR-1. RECEIVED JUN 212024 WELD COUNTY COMMISSIONERS Please be advised that on June 11, 2024, Red Tierra Equities, L.L.C., whose address and telephone number are 8301 East Prentice Avenue, Suite 120, Greenwood Village, CO 80111; (303) 771-1005, filed an application for a/an Surety Reduction Request (SR- 1) to M2022001, Section 20 Gravel Mine, which is located approximately 0.5 miles of Gilcrest Co, Section 20, Township 4N, Range 66W, 06th Principle Meridian, in Weld County. Reduce financial warranty t0 $50,658 for the inital phase of mining. Written comments or objections to the application may be submitted to and additional information obtained from Patrick Lennberg at the Division of Reclamation, Mining and Safety, 1313 Sherman St. Room 215 Denver, CO 80203, by telephone at (303) 866-3567 x 8114. Comments or objections should be submitted within fifteen (15) days of this notice to be considered in the application review process. The Division is required to provide a thirty (30) day period following a decision on the release application to allow for appeals to its decision. M-GR-03A-P Physical Address: 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 MaRing Address: ORMS Room 215, 1001E 62nd Ave, Denver, CO 80216 https: / /drms.cotorado.gov Jared S. Polk, Governor I Dan Gibbs, Executive Director I Michael A. Cunningham, Director �1si Td(c 4IeaK ppi z41'J4 ZO22- 0 a 43 DNR COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources RECEIVED APR 3 0 2024 WELD COUNTY COMMISSIONERS NOTICE Consideration of Construction Materials Reclamation Permit Surety Release Request DATE: April 23, 2024 TO: Weld County Commissioners 1150 O St Greeley, CO 80631 FROM: Brock F. Bowles RE: Section 20 Mine - File No. M-2022-004, Jalisco International, Inc. Surety Release Request (SL -1) Full/Final Release Please be advised that on April 23, 2024, Jalisco International, Inc., whose address and telephone number are 6663 Colorado Blvd, Commerce City, CO 80022; (303) 287-8905, filed an application for a/an Surety Release Request (SL- 1) to M2022004, Section 20 Mine, which is located approximately 0.5 miles Northwest of Gilcrest, Section 20, Township 4N, Range 66W, 06th Principle Meridian, in Weld County. Jalisco International, Inc. is requesting full and final release of the permit area. Written comments or objections to the application may be submitted to and additional information obtained from Brock F. Bowles at the Division of Reclamation, Mining and Safety, 1313 Sherman St. Room 215 Denver, CO 80203, by telephone at (303) 866-3567 x 8142. Comments or objections should be submitted within fifteen (15) days of this notice to be considered in the application review process. The Division is required to provide a thirty (30) day period following a decision on the release application to allow for appeals to its decision. M -Qt -03A -P Physical Address: 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 Mailing Address: DBMS Room 215, 1001E 62nd Ave, Denver, CO 80216 https://drms.colcwado.gov Jared S. Polls, Governor I Dan Gibbs, Executive Director l Michael A. Cunningham, Director 361 6-Rtv et.) £z-)M01DA-1Kbl1D/ ►MW), ZO ZZ- (}4/1 Le CIVIL RES'WURCES,LLC ENGINEERS & PLANNERS July 25, 2022 Mr. Peter Hays Division of Reclamation, Mining, and Safety 1313 Sherman Street, Room 215 Denver, Colorado 80203 RECEIVED JUL 2 6 2022 WELD COUNTY COMMISSIONERS RE: Red Tierra Equities, L.L.C., Section 20 Mine, File No. M-2022-001, 112c Permit Application Second Adequacy Review; Response Dear Mr. Hays: This letter is being generated to address the "Adequacy Review' letter dated April 19, 2022 for the Section 20 Gravel Mine 112 Construction Materials Reclamation Permit Application Package. My responses to your comments are below. 6.4.1 Exhibit A — Legal Description 5. An updated Exhibit D-1 with the corrected permit acreage has been included with this letter. A6.4.3 Exhibit C — Pre -Mining and Mining Plan Maps of Affected Land 6. A signed copy of the Exhibit C-2 map has been included with this letter. 6.4.4 Exhibit D — Mining Plan 8. An updated Exhibit D-1 with the corrected permit acreage of 631.58 acres has been included with this letter. 6.4.5 Exhibit E — Reclamation Plan 10. The text from the first adequacy response has been included in the attached Exhibit E — Reclamation Plan. 6.4.5 Exhibit G — Water Information 14. The text from the first adequacy response has been included in the attached Exhibit G — Water Information. 15. The groundwater model has been completed and has been emailed to the Division for review. The model report is attached to this letter. The recommendation from the model is to complete an underdrain after completion of Cell 5N due to mounding concerns. 6.4.18 Exhibit R — Proof of Filing with County Clerk and Recorder 20. The email sent to the Weld County Clerk with the updated application attached for public review has been included with this letter. 8308 COLORADO BLVD • SUITE 20❑ • FIRESTONE, COLORADO 8❑504 • PHONE: 303.833.1416 • FAX: 3❑3.833.2850 P. bI;c Re s/ GG:PL(T /KN),Pw(3m/cM/CR/cK) x,O22- 01-{ 76 VIS/22. Vlo/22 Page 2 Mr. Peter Hays July 25, 2022 6.4.19 Exhibit S — Permanent Man-made Structures 24. Xcel Energy has been added to the table on the attached Exhibit C-3. 6.5 Geotechnical Stability Exhibit The stability report has been updated to reflect the gas line 47.6 feet from the slurry wall and added language about the possibility of a rerouted gas line around Cell 6 which would be 40.6 feet from the outside of the slurry wall. Table I represents that the failure circles were run starting at 40 -feet from the highwall in case a gas line was rerouted closer to the slurry wall that anticipated. In which case the table represents the worst case scenario. PleasefeelfreetocontactmewithanyquestionsorconcernsatKyle@civilresources.com ormycell number 408-930-2544. Regards, CIVIL RESOURCES, LLC Kyle Regan Project Geologist J:1United Water & San-141\Section 20\DRMS\Cormspondence RMSIAdequacylAdequacy Response_06022022.doc • AM: t. 1J5719,00:O4 MN:M_ .,+r,t .« PCEL AR/057/ 7)0000i i OWNER A"NU7SON PARCEL: /057//4000103 One 014 11M1Ei/T i s a a a a a a a a a a a a- a a a a a a a a a a a a s airsaaaalaaaaaa a Z LY S PER 11,T 1 � / MeorNn.k. I -J 1 ' ARCfc / 0.57 P 90170073 CANER N5 LAND 4 CARE LLC PARCEL /057JOUA7O41 O$NCR DOWD 1 I 1 1 1 1 1 I 1 1 1 � 1 1 I. 1 1 II 1 lolo III ala■■;7::4; as ! Y / / 4AA E1 1L: �. slaw Own"( R TERRY wwf(/(.V.AN PARCEL 10571971/0036 OWNER IERWr WIVE MAN '- I CT ION : L MINE PARCEL 10571740000 WAAt1P AUE(WA MMIC//f PARCEL: 10571700 0017 OWNER- DOUGLAS SCNARDL PARCEL: /C. OM11EW LE(2. 4 - 's R42: WUS/ro.' '07 OSIER CMG W,< MW 1 1 1' 1 1 1 1 I PAM.t, !J'•.1.` se;J' LIIPM er. ht/S.Sit A"/51((A' frARC(1 /05771000014 OWNER- Owe wool VER7Lw PAMCEI /0.51/00000 I o OWNER -'1.4 1446/NJ a a• -en aa a a a a a a a a a a PARt:Et- /052292000.16 OWNER 7ERRY w1EDEALw PARCEL 105719000..16 MILVOP OWE Cloud AMra. /057200000/a OM11ER' MICHAEL AURcGE AWE!: I05719100001 5 719 1 0000 1 MOVER WED COUNTY I )ARCCi 105721300027 OWNER MANt a A1S5(ER - , ARCEt. 1051100000/6 J*wtR L&GN7ON *TS-. PARCEU /05 711 30003 1 JwNER RORER/ A'ERN 1 r(1 ',i•. ,/r.4'iN ,A W4f a4'. 4 ^1^ati(' '1iiW(tC L.MJt* tMit t.JA'LKY1SION p' rube *Wm S. 7GtMn 0.G DAM (pJALIP.20 AS A ►ROPeNSI(AMAL (t4.1.06t5T AS DEFIED B' COE.carrlo STATUTE. I IS ?WI Know w%afl below. Call before you dig. 323 Sth STREET P.O. Box GBC FREDERICx, CO 0053C 3C3.833.1416 WW W.CIV I LRESOURCES.COM RED TIERRA EQUITIES, LLC ■101 E PRENTICE AVE 11L0 GREENWOOD VILLAGE. CO RCIII 101./7I.IG0S U: DREW DANIANO SECTION 20 DRMS APPLICATION GILCREST, COLORADO REVISION] NO DESCRIPTION DATE DESIGNED IV AA_ CRAW N Iv fl_ CHECKED IV IlLM DATE CNL1/7C/L SCALEfS NOTED AS NOTED JOG MO. 724.001.01 DWG NAME r aaxa:ar wro Akr ry x. kG PROPERTIES WITHIN 200' EXHIBIT C-2 a--aF a -a l.3 CENTURY LINK I- -- - T$CRWPI/C— L INC I ANNDItt KN(1TSOV AMICA/OV PNOT ririrr•aaaaaaaaaariri`OUNTY ROAD as 44 POC ENERGY AC TANKS AND FLARE STACK PDC ENERGY /AC -4117 OIL/CAS WELL MARISA /I RK.'nARO KARBOWSK, HOME AND 0(1/8114 DINGS I a a Y CENlvRI trot FIBER OPIA 17 AKIN/TORMK: *Etc I 1_4. 1 XC£L ENEK r Ov(R/KAO ELECTRIC 'NE XC£2 ENERGY OVERHEAD CLCCNECC LINE IHS LAND AND CAME ORTVCwAr wCSTERN M✓Rat DITCH LATERAL CMYwy WATER LINE (COCA ACW AFWROXMM117 - CENIuRY LINK FIBER tA°Pit LINE / NCWIICAVIVG ate 7 INTER PA°ft WE RANOALt KNOTSOW (LGCAPON APPROKNK TE) POC ENERGY INC OIL/CAS welt KERBS /I-70 POC ENERGY FLARE STACK POC ENERGY /NC a/GAS Mu 2ABKA K /20-20 BRADY SHARP SuNs464RI -� SOLAR FARM OCP MrOSTRfAM GAS ONE GARAGE lir a !L MILAR mil- 0- L POC ENERGY TMaS RAND LL KNKITSGW 14RYrAMON POND NOBLE ENERGY INC TANKS AND 11.14E STACK fi a MI - a a = ti M a a fi - fi fi ti XP MMr0SIREAI GAS tat' CONCRETE INICM RANDAL L KNL/ISOV KC£t Ear OYERCCAO ELECTRIC LINE NOBLE ENERGY AC 04/CAS wftt IABKA A /70-18 TOTAL AFFECTED LANDS 6.31 58 ACRES (t/-) —/Iii ENERCt INC U'4"U5 ,lEIL SPARROW AMOCO /23-20 uNOfRGROoN0 w4FEA [INC RA NDALL KNUTSON (LOCATION APPROXMO/EJ 1 POC ENERGr 2ND OIL/CAS WELL SAAQRow /2♦ -20 MCW+TPFINL writ e .wNtE scot -444N NDME O POC IMPLY NC TANKS AND FNRC STACK TERRY HOSE NONITO%NC writ 7 POC ENERGY TANK MO FLARE STACK POC ENERGY AC TANKS AND FLARE STACK CLA4EION GAS t+NE (FORNEML r AKA ENERGY; CONCRETE 0,304 LATERAL "ID C ENERGY WC P17 OR/CAS WELL MCCLELLAN /J3-20 wrOfAtw / OUT BuNOMDS FARMERS INDEPENDENT DITCH LATERAL , a/N/, ROAD 11 I I •o XCIt ENCRGr OYERNCAD ELECTRIC LAC COW -IOW GU L/NE lCRMI//[ r AKA Ole RC, 1/ Err,; ----- --- CwtwD WA/ER UNE (t OCAncm APPROXIMATE) Fl 0.9415 PERM/ BOUND+R' .r-____ /I 1 OCR MLOSTREAM GAS LINE CL EAMOJ7 NOBLE ENERGY INC i O../GS wEtc IAOKA K p/-JI HARDYNV NOW XCEC ENERGY OVERHEAD ELECTRIC LAC MIC/NEL C[/NE /TIM( AND SHOP mom WRING *tit J XCEC ENCRGr Oval/CAD Et(CTWIC tat CENTURY t WK FIBER OPTIC tat Mt7N//OMNC w£t CactnE wAf(R LINE OCAUOV APPROAAVATE) A-A/H,LC,E NOME AND owl Suez DINGS rwev1TORIVG WELL S' 1 I ARNERRS INDEPENDENT &ICH 'LAMM SCH1K0/ NOW KAREN SA175 Nome ARO BAN 200' !ROM 0191415 PERMm/ BOUNDtRr POC ENERGY AC TANKS AND FLARE STACK CORINNC 415 SL ER NOME AND GARAGE DAVID fvck VERTON rslM£ AND t:ARACC L WESTERN Mu/u4t DITCH - NEIL SNMION HE/ME ROB£RI KERN HONE BEN RAW8OL7 SHOW 11 / LEGEND Q PRODUCING OIL/GAS WELL a II PERMIT 6OUNDART PREPARED UNDER THE SUPERVISION OF 'o •/7'i: C•"" NAME Kyle S. Rogan I.G. DATE QUALIFIED AS A PROFESSIONAL GEOLOGIST AS DEFINED BY COLORADO STATUTE. NOTES 1. THIS MAP HAS BEEN PREPARED TO SATISFY RULE 6.4.3 EXHIBIT C SUBSECTIONS B AND G. SIRvCIDIN Ora warm 200 /E£I or AFFECTED LAND I PAC ENERGY /AC 7 OCP M.OS/RCAM [IC 3 N06LI ENERGY/CNEMR'.W • ACID COuNrr PuM/c R w5 5 COW 6 RAA0AIL JANE KNWSaN 7 HORS a' RCCMM *ACM/ 8 PnufTAS AND JLMN//A SCHN&/ 9 LEONARD ANO KAREN SARIS /0 COINNAC AND MJSS[tt KISSLIK II. KAIM(AE AND WOO MOCKMRFCW I). 'WSW** mu/DAL ONCM CO IJ MN SHIVON 14 ROMP, KERN 15 PAM/LA ANO LEN RA1NB1k 1 16 'sm alt AND LXB09MI RI/R)OG£ 17 FARMERS ACMPEMOfN/ &ICM CO 18 DAANE AND YCIMft CL SE 19 Jut( tNRDtdC 70 /ERWr AND JAHC£ MKttNw 2/ L uTNN AND BRADT SHARP 22 MS LAND AM) CAMI 1775 N SHERWNN SI DINAR CO 80203 6900 1 LAYION AV£ StA/£ 900. CENMR CO 80717 6001 BOI[MIGIR CANYON RCMO SAN RAMOAL CA 9♦58J I17! H SI GRE£LEl CO 80631 10601 w IOIN SI CRCEtEr. CO 80634 +3♦9/ wCR ♦♦, PLA ITEIaLE. CO 80613 11859 NCR 44 HAIICME[C. CO OOLIJ 13989 tICHNIT 256. PtAIICMtt C. CO 80651 14009 NCR 44. PLAIIewt(.. CO 8065[ 20521 *CR 79 PtAFF(Mm,C, CO 8065? 204/6 nCR 29. P/AIICMttE. CO 8065? re BOX 282 LA 5411. CO 806.5 20300 wCR 79 PLAI(NrLC, CO 80651 20146 NCR 79. RAIICNKLC CO 80651 20078 wCR 19. PEAIIL MLLE, CO 80651 13965 *KR 42 PCATFI1aIC. CO 8065! 2158 7/IN A`.. GREELEY, CO 8061♦ 1186♦ ',KR 42. PtAII&Muf. CO 80651 11711 NCR 42. PtATIltatE. CO 80651 1J♦3♦ 4CR 42. PEA (unait. CO 8065+ 110.2 NCR ♦7, PLAIICMELI. CO 80651 HO 501 366. C; CRCSI. CO 80623 iJ RICHARD KARBOWSK/ AND AMANCM BRAM 20619 NIGHwAr 60, PLA/lititt. CO 80651 11 CEN/OR" trot 25 CwCMO 76 SUNS/Mar COA6AKAWTY SOLAR 17 XCEC (MERCY AlIN CHERYL 8011TH 714 w MACNOt4 SI FQRI Cat NS CO 8052♦ 77_15 2ND AM CREEt[r, CO 806JI 172♦ GKPVN ST DENIER CO 80718 1800 LARAICR St. TXNMIP. CO 80702 l I P '10 1Po I S 111) Know what's below. Call before you dig. CIVIL RES'DUR( I 323 5th SIRIt1 P.O. Box 68C FREDERICK, CO 80531, 303.833.1416 WWW.CIVILRESOURCES.COM RED TIERRA EQUITIES x)C1 E PRENTICE AVE /12C GREENWOOD VILLAGE. CO 60111 303.721 1001(C CONTACT DREW DAMIANO SECTION 20 GILCREST, COLORADO REVISIONS NO DESCRIPTION DATE DESIGNED IV DRAWN 6V CHECKED 6V 11tL DATE 9/[112[2: SCALE'S NOTt,; AS NOTE+ AMINO. )03.001,0A DWG NAME GILCRE5T-AREAL-GEOLoc' STRUCTURES WITHIN 200' MAP 1 .4 EXHIBIT C-3 COMMVCLEO PROCESS tiv0 S704MN017ER ii. i aScn4RG[ POINT OVERBURDEN STOCKPILE I CELL ma ME a IIIMI IMIII IIIIM ■CR-44 la' 818)• CELL 1 PHASE 1 .I.I.I.01 ,rnl.N WNI.I.I.NI.I.II.I. CELL tl PHASE 2 PROPOSED MOVED GAS UNE CELL t PHASE 1 CELL 6 PHASE 3 cn:: �. erA ti (Ann C[7i.:n OVERBURDEN - STOCKPILE CELL 6 CELL 6 PHASE 2 CELL 6 PHASE 4 FUTURE MINE AREA TO BE INCLUDED IN CELL 6 (AFTER SOLAR ARRAY REMOVAL; 0 I] TOPSOIL STOCKPILE CELL 6 CELL 7 PHASE I no 8 a a a a a 40 TOPSOIL I STOCKPILE CELL 7 OVERBURDEN STOCKPILE CELL. 7 a MIllaaaaalla tinaaaaa \� / 310+00 73+O0 C",, CPA/.. CELL 4 LPHASE 4 ;Yln ' CAHn CIAO. _ Nib. et/.laC 07.1'.. CELL SN PHASE 1 00 CELL SN PHASE 2 CELL 5S PHASE ) CELL SN PHASE 3 CELL 5S PHASE 4 QUALIFIED AS A PROFESSIONAL GEOLOGIST AS DEFINED BY COLORADO STATUTE. 0 1 on ULJI D, O J O 4770' 4760' 4750' 4740' 4730' 4720' 4710' 4700' 4690' 4680' 4780' 4770' 4760' 4750' 4740' 4730' 4720' 4710' 4700' 4690' 4680' 14670' 1i 14660' 4650' c 4770' 4760' 4750' 4740' 4730' 4720' 4710' 4700' 4690' 4680' 3 I 0+00 1.51 NINE SLOPE e I .q 3 0+50 I —� — If— 80• I 1+00 R 3 p. I 1+50 GAS LINE St I Hwy • 2+00 EX GRACE a n t 1.5 .1 MINE SLOPE I t 2+50 SECTION - CELL 2 (SILTATION POND) lamanst 1a781T1 3+00 EDGE OF CO 66 w. _ - I Ir-6.!'— I- Ib-. —I O O EX WSJ . LINE FUTURE GAS LINE 0 kfi Poi 0 N 0' • n C. S t B 0. P N 3+50 EX GRADE J 1 MINE SLOPE 1.5 1 MINE SLOPE 4770' 4760' 4750' 4740' 4730' 4720' 4710' 4700' 4690' 4680' 0+00 0+50 1+00 1+50 2+00 2+50 3+00 3+50 4+00 EX GRACE S 1.5:1 MINE SLOPE A g S ♦ Pt P. SECTION - CELL SS n ON I BI RIM �- 73.6 -t 1 • • 20.C' 0' SWRRY WALL - GAS LINE 21:4- r 0 GARAGE 7. 1 S. S 0+00 0+50 1+00 1+50 2+00 2+50 3+00 3+50 4+00 IN flr Ca tan pm SECTION - CELL 55 o a w 1rrxR) 1: UCH GAS LINE 2 INCH GAS LINE 3 INCH GAS LINE 4 INCH GAS LINE 6 INCH GAS UNE S IW'H GAS LINE PREPARED UNDER THE SUPERVISION OF • // 6 NAME Kyle S. Regan P.G. DATE ( 'VII ItI S'IPURt.FS 4770' 4760' 4750' 4740' 4730' 4720' 4710' 4700' 4690' 4680' 4780' 4770' 4760' 4750' 4740' 4730' 4720' 4710' 4700' 4690' 4680' 4670' 4660' 4650' 323 Sth STREET P.O. Box 680 FREDERICK, CO 80530 303.833.1416 WWW.CIVILRESOURCES.COM RED TIERRA EQUITIES, LLC NO 8)01 E PRENTICE AVE .120 GREENWOOD VILLAGE, CO 10111 307.771.1005 (p) CONTACT. DREW DAMIANO SECTION DRM REVISIONS DESCR16Tf0H DESIGNED BY DRAWN BY A_ CHECKED BY ltiIL JOB NO. )03.001.04 CWG NAME GILCREST•AAEA'GEOLOG►,DWQ G DATE 9116/2C21 SCALE/LS NOTED AS NOTED SLOPE STABILITY SECTIONS SHEET EXHIBIT C-7 EXHIBIT D - MINING PLAN The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.4 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: (el Description of the method(s) of mining to be employed in each stage of the operation as related to any surface disturbance on affected lands; The permit area includes a significant deposit of sand and gravel located in the alluvium of the South Platte River in Weld County. The site is located south of Highway 66, west of Weld County Road 191 north of Weld County Road 28 and east of Weld County Road 17. It encompasses 631.58 acres (plus or minus) and consists of seven slurry wall lined, and an unlined silt pond. Prior to starting construction of any slurry wall, a Technical Revision to update the site bonding will be applied for and will include the slurry wall design report. Site Preparation: Initial disturbance on the property will be stripping overburden in the eastern portion of Cell 8 to establish the plant footprint. Concurrently with establishing the plant, the first phase of the Fresh Water Pond and the first phase of the Siltation Pond will be stripped of overburden and mining will commence in these phases once the plant has been established. After the initial preparation of the Plant, Fresh Water Pond and Siltation Pond, the Concrete Batch Plant and Asphalt Plant areas will be established and constructed. Customer roads will be established from the entrance to the plant areas. The current house on the west side of the property will be utilized as the office and a shop will be constructed in the early phases of site development. A parking area for employees will be constructed adjacent to the office and shop area. Mining: Scrapers will strip the topsoil and overburden material from a given phase and place stockpiles in the processing area. Any excess material not needed for reclamation may be sold or hauled off -site during the life of the mine. There will be no mining below the groundwater table until the slurry wall is complete, tested and approved for each slurry wall lined cell. For unlined cells, there will be no mining below the groundwater table until an approved Substitute Water Supply Plan(SWSP) has been obtained. Each slurry wall lined phase will be dry -mined using scrapers, bulldozers, front-end loaders, excavators, or similar equipment. The Fresh Water Pond and Siltation Pond will be unlined an wet mined with excavators. Mining at the site will progress in eight major stages comprised of minor phases expected last approximately one year. A map depicting the phases can be found in Exhibit C-5. Stage I - will establish the Aggregate Plant, the Siltation Pond, the Freshwater Pond, and will mine out the future commercial area in the south-west corner of the site. These areas, excluding the Aggregate Plant, will be wet mined with excavators. Stage 61 is expected to last approximately 2 years. Topsoil mined from phase one will be segregated and utilized to establish a berm along the north-western boundary of the site along Weld County Road 44 and Colorado State Highway Section 20 — Gravel Mine — MLRB 112 Permit Amendment Exhibit D -1 66. After the berm has been established the remaining segregated topsoil will be stockpiled in the northern portion of Cell 7. Overburden, clay and any other material that is uneconomical to sell will be stockpiled in the northern portion of Cell 7 to be used in Stage 2 slope reclamation. Stage 2 - will consist of mining out Cell 3 in the north-east corner of the site. Mining will be completed in three (3) year long phases and will progress from west to east. Cell 3 will be a slurry wall lined cell and will be dry mined. Topsoil from this stage will be segregated and stockpiled in the northern portion of Cell 7. In the initial phase, overburden will be stockpiled existing stockpile in Cell 7. Once the first phase has been completely mined out, reclamation will begin on that phase and overburden material from the other phases will be placed directly in the reclamation slopes or sold. Stage 3 — will consist of mining out Cell 4 and concurrently reclaiming Cell 34 Cell 4 contains three (3) approximately one (1) year phases. Cell 4 will be a slurry wall lined cell and will be dry mined. Topsoil from this stage will be segregate and stockpiled in the northern portion of Cell 7 as indicated on the map. Slope reclamation of the previous phases will be concurrent with mining. Overburden will be placed in the reclamation slope or stockpiled in the bottom of the pit next to the current reclamation phase. Excess overburden will be placed in the southwest corner of Cell 6 to fill in the future commercial area. Stage 4 - will consist of mining out Cell 5 and concurrently reclaiming Cell 4. Cell 5 contains seven (7) approximately one (1) year phases. Cell 5 will be a slurry wall lined cell and will be dry mined. Topsoil from this stage will be segregate and stockpiled in the northern portion of Cell 7 as indicated on the map. Slope reclamation of the previous phases will be concurrent with mining. Overburden will be placed in the reclamation slope or stockpiled in the bottom of the pit next to the current reclamation phase. Stage 5 — will consist of mining out Cell 6 and concurrently reclaiming Cell 5. Cell 6 contains four (4) approximately one (1) year phases. Cell 6 will be a slurry wall lined cell and will be dry mined. Topsoil from this stage will be segregate and stockpiled in the western portion of Cell 2(Siltation Pit) to be utilized in reclamation of the silt pond back to native grade. Slope reclamation of the previous phases will be concurrent with mining. Overburden will be placed in the reclamation slope or stockpiled in the bottom of the pit next to the current reclamation phase. Any overburden not used in slope reclamation will be placed in the unused portion of Cell 2(Siltation Pond) . Section 20 - Gravel Mine — MLRB 112 Permit Amendment ExhibitD-2 Stage 6 - will consist of mining out Cell 7 and concurrently reclaiming Cell 6. Cell 7 contains four (2) approximately one (1) year phases. Cell 6 will be a slurry wall lined cell and will be dry mined. Topsoil from this stage will be segregate and stockpiled in the western portion of Cell 2(Siltation Pit) to be utilized in reclamation of the silt pond back to native grade. Slope reclamation of the previous phases will be concurrent with mining. Overburden will be placed in the reclamation slope or stockpiled in the bottom of the pit next to the current reclamation phase. Any overburden not used in slope reclamation will be placed in the unused portion of Cell 2(Siltation Pond). Stage 7 — the final stage will begin with mining out the aggregate under the Asphalt Plant, Concrete Batch Plant and the office area. The last portion to be mined out will be the Aggregate Plant. Stage 7 will take approximately two (2) years and will establish Cell 8. Topsoil from this stage will be segregate and stockpiled in the western portion of Cell 2(Siltation Pit) to be utilized in reclamation of the silt pond back to native grade. Once mining is complete at the site, the topsoil berm will be mined and used in any areas needing topsoil for reclamation. Slope reclamation of the previous phases will be concurrent with mining. Overburden will be placed in the reclamation slope or stockpiled in the bottom of the pit next to the current reclamation phase. Any overburden not used in slope reclamation will be placed in the unused portion of Cell 2(Siltation Pond) . The operator will develop and comply with a Stormwater Management Plan and Spill, Prevention, Control and Countermeasures Plan. The operator will notify the Division of Reclamation and Mine Safety and in the event of a reportable spill Processing: The material will be dry screened or not screened at all and transported offsite by truck. The processing area will be located on the south side of the site in Cell 8. Import Materiat The Operator may import material from and export material to other sites. The applicant is aware that in accordance with Rule 3.1.5(9) of the Construction Material Rules and Regulations, if any offsite material is used as backfill, a notarized letter will be submitted to the Division indicating the materials are inert. The applicant will supply such a letter to the Division if, at the time of Reclamation, the applicant intends to use off -site material as backfill. (b) Earthmovfngr; Topsoil and overburden will be stripped with scrapers or bulldozers and stockpiled in segregated piles at the edge of the active mine phase or as described above and shown in Figure C-6. Excavators, front-end loaders, and bulldozers will be used to excavate the material. Haul trucks will be utilized to transport the raw material from the active mine phase to the processing area. See Exhibit C-6 for a cross-section of side -slope mining; mining will take place at a 3 to I mine slope and reclaimed at a 3:1 reclamation slope. The Miner may, in the future, decide to mine at a 1.5 to I slope and reclaim with a 4:1 slope in which case the Section 20 — Gravel Mine — MLRB 112 Permit Amendment Exhibit D - 3 mine plan will be updated through the Technical Revision process. Since the Miner forsees this as a possibility, the slope stability analysis was conducted at the worst case scenario of a 1.5 to I mine slope. (t) All water diversions and impoundments; Storm water will be discharged per a CDPHE discharge permit. There are no planned diversions or impoundments of existing water bodies. A wash cycle for the aggregate processing area will be established using the freshwater pond as a source and the silt pond for return flow, with natural groundwater filtration between the source pond and the return pond. Any water consumed will be provided by the existing water rights associated with the property and/or a groundwater well with associated substitute water supply plan (see Exhibit G). (d) The size of area(s) to be worked at any one time. Each phase is approximately 25-30 acres in size. The Operator will mine multiple phases concurrently in order to obtain a range of material for production. In addition to mining, the Operator, will begin reclaiming slopes as mining is finished in each stage. Since multiple phases will be being worked at any one time, the approxima size of the areas to be worked at any one time will range from 25 acres to 120 acres and will depend on market conditions. (e') An approximate timetable to describe the mining operation. The timetable is for the purpose of establishing the relationship between mining and reclamation during the different phases of a mining operation. The Operator anticipates that mining will commence as soon as all permits are in place. The Operator anticipates extracting approximately 2,000,000 tons of aggregate in a typical year, up to 3,000,000 tons at peak capacity. Production rate will vary based on market demands. Section 20 - Gravel Mine — MLRB 112 Permit Amendment ExhibitD-4 Timetable for Minitig and Reclamation MINING AND RECLAMATION TIMETABLE YEAR MINING PHASE 1 CELL 1 CELL 2(PHASE 1) CELL 8(PHASE 1&2) OB 2 CELL 3(PH-1) CELL 3(PH-2) CELL 3(PH-3) �7to8 F 3 4 5, CELL 4(PH-1) 6 CELL 4{PH-2) CELL 4(PH-3) CELL 2(PM-2j 9 CELL 5N{PH-1) 10 CELL 5N(PH-2) 11 CELL 5N(PH-3) 12 CELL 5S{pM-1} 13 CELL 5S(PH-2) 14 CELL 5S(PH-3) r15-16 • 17 18 19 20 21 22 23 24 25 CELL 55(PH-4) CELL 2(PH 3) CELL 6(PH-1) CELL 6(PH-Z) CELL 6(PH-3) CELL 6(PH-4) CELL 7(PH-1) CELL 7(PH-2) CELL 8(PH-1)CS ONLY+ CELL 8tPH-2jCS ONLY+ RECLAMATION PHASE CELL 3(PH-1) CELL 3(PH-2) CgLC 3(PH-3) CELL 4(PH-1) CELL 4(PH-2) Cerr 4(PH-3) CELL 5N(PH-1) CELL 5N(PH-2) CELL 5N(PH-3) CgLC 5S(PH-1) CELL 55(PH-Z) CELL 5S(PH-3) CELL 5S(PH-4) CELL 6(PH-1) CELL 6(PH-2) CELL s(PH-3) CELL 6(PH-4) CELL 7(PH-1) CELL 7(PH-2) Cell 8(PH-1) Cell 8(PH-2) Use Mining Plan Map in conjunction with narrative to present: 'L.) Nature, depth and thickness of the deposit and thickness and type of overburden to be removed Overburden consists mainly of silty fine grain sand transitioning to sandy silt. Overburden thickness varied across the site from non-existent in the southwest corner to 15 feet thick in the southeast. Section 20 - Gravel Mine — MLRB 112 Permit Amendment Exhibit D The aggregate reserves at the site consist mainly of gravelly sand which grades to sandy gravel, usually becoming more gravelly with depth. Some cobble units (grain size 4" or greater) were encountered at the site; mainly consisting of a few feet overlaying bedrock. Aggregate unit thickness varied from 35 feet in BH-36 in the northern side of the site to 72.5 feet in BH-27 in the eastern side of the site. There is a large contiguous clay seam that encompasses almost the entire site. The clay seam varies from only 1 foot of thickness in the northwest to 23 feet of thickness in the southeast corner of the site. (IL) Nature of the stratum immediately beneath the material to be mined in sedimentary deposits Depth to bedrock ranges from 39.5 feet in BH-38 in the northeast corner of the site to 97.5 feet in BH-41 in the southeast corner of the site. The bedrock encountered at the site consists of wet brown weathered claystone in the first 6 inches to 1 foot which transitioned in to moist to dry, olive to grey claystone with further depth, (g) identify the primary and secondary commodities to be mined/extracted and describe the intended use. The primary commodities are sand, gravel and fill; intended for construction materials. (h) Name and describe the intended use of all expected incidental products to be mined/extracted by the proposed operation. fl Gold may be extracted as an adjunct component of any wash equipment installed at the site. Specify if explosives will be used in conjunction with the mining (or reclamation) No explosive material will be used on -site, 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 affected lands and permitted acreage. Affected land shall not include off -site roads which existed prior to the date on which notice was given or permit application was made to the office and which were constructed for purposes unrelated to the proposed mining operation and which will not be substantially upgrades to support the mining operation. Describe any assocated drainage and runoff conveyance structures to include sufficient information to evaluate structure sizing. The affected land and permitted acreage is inclusive of over one and one-half miles of land directly abutting public roadways; there is no need for any additional driveways, and on -site haul roads will be incidental to mining areas depicted on the Mining Plan Map. No roadways are affected by the mining operation other than access roads within the permit boundary and existing public roads to the site. The Operator will apply for a Weld County Access Permit for the site. Section 20 — Gravel Mine — MLRB 112 Permit Amendment Exhibit D - 6 EXHIBIT E - RECLAMATION PLAN This information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.5 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: The proposed mining and reclamation plan focuses on minimizing the ecological impacts of mining, minimizing the length of time of impact, and maximizing long-term benefits. (a) A description of the type(s) of reclamation the Operator proposes to achieve in the reclamation of the affected land, why each was chosen, the amount of acreage accorded to each, and a genera/ discussion of methods of reclamation as related to the mechanics of earthrn ovinq The majority of the site (Cell 3 through Cell 8) will be reclaimed to lined water storage reservoirs due to a need within the county and state for water storage facilities. The mined area in the silt pond(approximately 30 acres) and the southwest corner of Cell 6(approximately 22 acres) may be backfilled and used as future commercial sites or may be converted to a water storage facility if economically feasible and sufficient void space exists at the completion of mining. Refer to Exhibit F for the acreages of each cell and additional details. Earthmoving nq Topsoil mined while establishing the plant sites and establishing the Fresh Water Pond and Siltation Pond will be placed in a berm along the north-west corner of the site. The bermed topsoil will be used in final reclamation of the siltation pond, the vegetated areas around Cell 8, and any other locations requiring topsoil during final reclamation. Topsoil mined in later phases will be placed in the topsoil stockpiles shown in Figure C-6. Topsoil from these stockpiles will be used to reclaim vegetated areas over the rest of the site. Topsoil may be replaced by a scraper or haul truck, excavator and bulldozer, and will generally be graded with a blade. All grading will be done in a manner that controls erosion and siltation of the affected lands, to protect areas outside the affected land from slides and other damage. Reclamation in each phase will begin as soon as mining in that phase is completed. Overburden and clay seam materials will be removed from mining phases and placed near reclamation phases or directly in the reclamation slope. If no reclamation phase is open, overburden and clay materials will be stockpiled in one of the stockpile locations shown in Figure C-5. All disturbed areas will be regraded and smoothed to a finished grade that is suitable for revegetation or the final land use. (b) A comparison of the proposed post -mining land use to other land uses in the vicinity and to adopted state and local land use plans and programs. The water storage reservoirs will be compatible with the other land uses in the vicinity, which includes farmland, industrial land, and rural residential. Municipal boundaries have Section 20— Gravel Mine — MLRB 112 ermit Application Exhibit E -1 approached the vicinity of the site and represent a growing need for both construction materials and water storage facilities. A description of how the Reclamation Plan will be implemented to meet each applicable requirement of Section 3.1. The Operator will carry reclamation to completion with reasonable diligence. Each phase of reclamation will be generally completed within one to two years from completion of mining, but not more than five years from the date the Operator informs the Board or Office that final reclamation has commenced. Section 3.1.5 Reclamation Measures Material Handling: Grading will be performed to help control erosion and siltation of the affected lands through phased mining, implementing good operation techniques to handle material as little as possible, and vegetation of stockpiles remaining in place for more than 180 days with the Weld County Sandy Site seed mix: Weld County - Sandy Site Mix Bluestem (Champ, Chet) 1.00 lbs plslacre Sand Lovegrass (Bend, Native, Ne27) 2.50 lbs pis/acre Indian Ricegrass (Nezpar, Rimrock) 3.00 lbs pis/acre Prairie Sandreed (Goshen) 0.75 lbs pis/acre Green Needlegrass (Lodorm) 1.50 lbs pis/acre Little bluestem (Blaze, Cimarron, Camper) 0.75 lbs pis/acre Yellow Indiangrass (Cheyenne, Halt, Scout) 0.50 lbs pis/acre Switchgrass (Blackwell, Nebraska 28) 1.50 lbs pis/acre Sand Dropseed 0.50 lbs plslacre Total: 12.00 pounds pis/acre Although the use of erosion protection devices is not anticipated, if deemed necessary by the operator at the time of excavation, silt fence, haybale dams or other erosion control devices will be installed. Backfilling and grading will be completed as soon as feasible after the mining process is complete for each phase. Maximum slopes and slope combinations will be compatible with the configuration of surrounding conditions and selected land use. Mining will occur at a slope that is stable. Reclaimed slopes in the water storage reservoir will not be steeper than a 3:1 ratio and will be reclaimed at a 4:1 ratio for the slurry wall lined cells mined at 1.5:1 ratio. For slopes reclaimed at a 4:1 ratio, bedrock will be excavated from the bottom of the pit and mixed with any left -over material inside the pit. A representative sample of the fill material will be analyzed for shear strength and optimal moisture content prior to backfilling the slope. The material will be worked to the optimal moisture content as determined by Proctor compaction tests and placed back into the slope at no more than one -foot lifts. The lifts will be compacted with a sheepsfoot roller to tie lifts together. The upland area will be reclaimed to grades consistent with pre -mining drainage patterns. Section 20— Gravel Mine — MLRB 112 ermit Application Exhibit E - 2 The operator will baclll using fill material generated on -site, or imported inert fill generated outside the permit area. If any inert off -site material is used as backfill, a notarized letter will be submitted to the Division as required by Section 3.1.5(9) of the MLRB Construction Material Rules and Regulations. It is not anticipated that mining will uncover any refuse or acid-forming or toxic producing materials, however if any such materials are encountered the operator will take precaution to handle the materials in a manner that will control unsightliness and protect the drainage system. Drill or auger holes that are part of the mining operation shall be plugged with non- combustible material, which shall prevent harmful or polluting drainage. Any test pits, soils boring holes, or monitoring wells not located within the mine excavation limits will be plugged as soon as it can be confirmed that they are no longer needed for the operation. Mined material to be disposed of within the affected area will be handled in such a manner to prevent any unauthorized release of pollutants to the surface drainage system. No unauthorized release of pollutants to groundwater shall occur from any materials mined, handled or disposed of within the permit area. Section 3.1.6 Water -General Requirements: The Operator will comply with applicable Colorado water laws governing injury to existing water rights and with applicable state and federal water quality and dredge and fill laws and regulations. The operator will develop and comply with a stormwater management plan and will use best management practices (BMPs) to ensure groundwater and surface water are protected to the greatest possible extent. BMPs include schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the pollution in runoff from the site. Section 3.1.7 Groundwater - Specific Requirements: The Operator will comply with the applicable standards and conditions for classified and unclassified groundwater. Section .1.8 Wildlife: The mining and reclamation plans have been designed to account for the safety and protection of wildlife on the mine site. The Operator will mine the site in phases and use concurrent reclamation methods to minimize the impact on wildlife. The proposed reclamation plan may improve wildlife habitat. The proposed seed mix and plantings will create improved cover, foraging, roosting, and nesting areas for wildlife. The water area within the reservoir will serve as habitat for waterfowl and other bird species and the fringes of the reservoir will be used by mammal, bird, reptile and amphibian species. Control and/or removal of noxious and weedy species during the project and the Section 20- Gravel Mine — MLRB 112 Permit Application Exhibit E - 3 introduction of desirable graminoid, forb and potential woody species during reclamation will result in enhancement of wildlife habitat on the project site. Section 3.1.9 Topsoilin : Topsoil shall be removed and segregated from other spoil. Topsoil stockpiles shall be stored in places and configurations to minimize erosion and located in areas where disturbance by ongoing mining operations will be minimized. Once stockpiled, topsoil shall be re -handled as little as possible. Stockpiles that will remain in place for more than one growing season will receive vegetative cover. Section 31.10 Revegetation: In those areas where revegetation is part of the reclamation plan, the land shall be revegetated in a manner that establishes a diverse, effective, and long-lasting vegetative cover that is capable of self -regeneration without continued dependence on irrigation or fertilizer and is at least equal in extent of cover to the natural vegetation of the surrounding area. These areas are relatively minimal given the water development reclamation plan for the site. The proposed seed -mix and plantings for reclamation are outlined on the Reclamation Plan included in Exhibit F of this application. Section 3.1.11 Buildings and Structures: There are two existing homes located within the perimeter of the permit boundary. The house on the western edge of the property, off of Highway 66, will be utilized as an office. A shop may be built adjacent to the office. This area will be mined out in the final phase and will be incorporated into Cell 8. The home on the eastern boundary of the site will be dismantled and the area will be incorporated into Cell 4. An aggregate processing plant, a concrete batch plant and an asphalt plant will be located at the site during the duration of mining operations. These structures will be removed and the areas below mined out prior to final reclamation. The plant structures are shown on Figure C-6. Conveyors will be constructed at the site to move material from the cells to the processing plant. Section 3.1.12 Signs and Markers: The Operator will post appropriate signage at the entrance to the mine site. The permit area will be marked by fencing, or proximity to existing county roads. (d) Plans for topsoil segregation, preservation and replacement; for stabilization; compaction and grading of spoil; and for revegetation. Topsoil will be removed and segregated from other spoil. Topsoil not needed for reclamation may be sold or removed from the site. For reclamation, topsoil will be Section 20- Gravel Mine — MLRB 112 ermit Application Exhibit E - 4 replaced by a scraper and generally graded with a blade. Grading shall be done in a manner that controls erosion and siltation of the affected land and protects areas outside the affected land from slides and other damage. In addition, backfilling and grading shall be completed as soon as feasible after the mining process. Final grading will create a final topography that is appropriate for the final land use. For example, final grading of the reservoir above the high water line will replace material no steeper than 3:1 slope to meet the grade at the top of the banks. For cells mined at greater than a 3:1 slope, the slopes will be reclaimed at a 4:1 slope to meet existing grade. Topsoil will be uniformly placed and spread on areas disturbed by the mining, above the anticipated high water line. The minimum thickness shall be 6 inches above the surrounding finished grade. The topsoil shall be keyed to the underlying and surrounding material by the use of harrows, rollers or other equipment suitable for the purpose. In those areas where revegetation is part of the reclamation plan, the Operator will revegeta.te the land in such a manner to establish a diverse, effective, and long-lasting vegetative over that is capable of self -regeneration without continued dependence on irrigation or fertilizer and is at least equal in extent of cover to the natural vegetation of the surrounding area. Seed will be drilled and mulched. The revegetation seeding and plant list on the Reclamation Plan Map contains the preferred species of grasses, shrubs and trees to be planted. Seeding will take place once final grading and replacement of topsoil have been completed for each phase. Timing of seeding will be consistent with standard horticultural practice for dryland applications - generally between late September and the middle of April to ensure there is adequate moisture for germination. (e) A plan or schedule indicating how and when reclamation will be implemented. Include: L An estimate of the periods of time which will be required for the various stages or phases of reclamation. Reclamation for any given stage of mining may take up to five years to allow for successful revegetation. Please refer to the Timetable for Mining and Reclamation in Section (e) of Exhibit D. ii. A description of the size and location of each area to be reclaimed during each phase. Please refer to the Reclamation Plan Map (Exhibit 9. iii Outlining the sequence in which each stage or phase of reclamation will be carried out Please refer to the Timetable for Mining and Reclamation in Section (e) of Exhibit D. (f) A description of: Section 20- Gravel Mine - MLRB 112 errmit Application Exhibit E - 5 L Final grading — maximum anticipated slope gradient or expected ranges thereof; The finished slopes of the reservair will be no steeper than 3:1 for slopes mined at a 3:1. If slopes were mined at a steeper slope, the slope will be reclaimed with a 4:1 clay liner. IL Seeding — types, mixtures, quantities and time of application; Please refer to the Reclamation Plan Map for the list of plant materials and seeds to be utilized. The operator will seed during the appropriate season to ensure adequate moisture for germination and implement weed controls to allow the grasses to successfully establish. Additional plantings may be installed once the reservoirs are full of water and the grasses are established. iii, Fertilization — types, mixtures, quantities, and time of application; The type and application rate of fertilizer shall be determined based on a soil test at the time of final reclamation. Iv. Revegetation — types of trees, shrubs, etc.; The site is historically flood irrigated farmland. The site will be revegetated with an upland grass seed nix in areas that are above the highwater line or are graded back to native grade. v. Topsoiling — specify anticipated minimum depth or range of depths for those areas where topsoil will be replaced. Topsoil will be uniformly placed and spread on all areas disturbed by the mining above the anticipated high water line and areas graded back to native grade. The minimum thickness shall be 6 inches above the surrounding finished grade. WEED MANAGEMENT PLAN Noxious weeds will be eradicated or managed within the Section 20 Gravel Mine operations areas. Noxious weed species to be managed are defined as those plant species currently identified by the Colorado State Department of Agriculture (CDA) as noxious under the Colorado Noxious Weed Act. Management efforts will be directed to those species identified under List A or List B by the CDA. List A species are required to be eradicated, while List B species will be controlled. The noxious species are not listed here as the list of noxious species changes regularly. The Colorado State Department of Agriculture maintains a list of noxious weed species on their web site (https://www.Colorado,gov/pacific/agconservation/noxious-weed-species). The presence of noxious weeds will be monitored annually during the summer growing season at the Section 20 Gravel Mine site. Weed management measures will be undertaken where a single or combination of noxious weed species comprises or shows a deleterious effect to more than ten (10) percent of the live site vegetation. Further, where noxious weed species or plant pests constitute more than 25 percent relative vegetation cover in a contiguous area of 1000 square feet, the area will be identified as requiring weed management. Section 20- Gravel Mine — MLRB 112 ermit Application Exhibit E - 6 Noxious weeds will be controlled by any combination of cultural, mechanical, biological or chemical measures. Weed control measures will be developed specifically for the noxious weed species encountered and in conjunction with the local county weed control district and/or the Colorado State Department of Agriculture. Weed control measures will be undertaken by trained and/or licensed (if required by law) personnel. Weed management control will initiate within two weeks of noxious weed identification at any operation, or as specified by the county weed ontrol specialist. Where noxious weed control measures cause elimination of vegetation at a revegetated site, seeding or planting of desirable replacement vegetation will occur during the first normal planting or seeding season after weed control measures have been implemented. Section 20- Gravel Mine - MLRB 112 errmit Application Exhibit E - 7 EXHIBIT G - WATER INFORMATION This information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.7 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: (a) Locate on the map (Exhibit C) tributary water courses, wells, springs, stock water ponds, reservoirs and ditches The site is 0.4 miles east of the South Platte River. Please refer to Exhibit C for locations of water courses in close proximity to the site, including wells, springs, stock water ponds, reservoirs and ditches. (b) Identify all known aquifers The site is underlain by a shallow alluvial aquifer, typical of its position upgradient of the South Platte River. (cc Show how water from dewatering operations or runoff from disturbed areas, piled material and operating surfaces will be managed to protect against pollution of either surface or groundwater both during and after the operation. Please refer to the Mining Plan Map in Exhibit c-5 of this application. Mine areas will drain internally. Uncontrolled releases of surface water in disturbed areas will not occur. Stormwater collected in the active mine area will be managed through the dewatering system Dewatering will be accomplished by digging a sump, generally along the base of the mine slope, which will hold a floating pump. The pump will have an FOP E discharge line that will be routed to one of the comingled discharge points located at the site. The pump will be powered by a diesel generator housed in the active mine area. The Operator will apply for and receive a comingled stormwater and process water discharge permit prior to dewatering at the site. (d) Estimate project water requirements including flow rates and annual volumes for the development, mining and reclamation phases of the project Water needs estimated below provide for sustained production as detailed in the Mining Plan. The Operator will adjust water supplies to account for actual demand, avoid waste, and continuously comply with laws and regulations of the Division of Water Resources and any other water agency having jurisdiction over the operation. Projected Use And Consumption: Annual evaporative depletions will be the evaporation from up to 5000 feet of 4 -foot wide de -watering trench, located inside of the slurry wall. The total area of exposed water is 0.5 acres. The gross annual evaporation at the Section 20 Mine is 42 inches according to NOS Technical Report NWS 33, Evaporation Atlas for the Contiguous 48 United States. Monthly evaporative losses are determined using percentages specified by the State Engineer's Office for locations below 6,300 feet. The nearest weather station is in Longmont where the average annual precipitation is 15.08. Effective Red Tierra Equities, LLC - Section 20 Mine — MLRB 112 Permit Application Exhibit G - '1 precipitation, that part of historical precipitation which was consumed by native vegetation on land to be covered by water surface, is conservatively estimated to be 70 percent of the total precipitation. The annual average effective precipitation at the property is estimated to be 9.09 inches. When subtracting the effective precipitation from the gross evaporation yields, the net annual evaporation is 31.44 inches, or 2.68 acre-feet per acre. The Fresh Water Pond is approximately 10 acres and the Siltation Pond will be utilized in 10 acre stages. The approximate acreage of open water surface is 20.5 acres. The annual amount of evaporation from 1 open water surfaces is 54.9 acre-feet. Mining Production & Operations: The Operator expects to extract approximately 2 million tons annually of aggregate material from the site. All water retained in the recovered material will be replaced pursuant to the Substitute Water Supply Plan (SWSP). The total annual amount of water retained in the gravel product from mining activities totals approximately 27.2 acre-feet. The SWSP is renewed annually and will reflect analysis of production and depletion anticipated in each year of operation. In addition, an estimated 4.0 acre-feet of water per year will be used for dust control based (approximately) on 5,900 gallons per day for 5 days a week for 10 months. Annually the total evaporative and operational losses from mining activities (open water surface evaporation, water retained in the aggregate product, dust suppression) totals 86.1 acre-feet of depletion which must be augmented. All depletions were lagged to the Saint Vrain River using the lagging factors approved by the State Engineer pursuant to on -going Substitute Water Supply (SWSP) approvals. (e) Indicate the projected amounts of the water sources to supply project water requirements Replacement Water: The Miner will obtain an approved Substitute Water Supply Plan from the State Engineers office every year, providing annually or more frequently the opportunity to review the sufficiency of water supplies. The SWSP approvals require that the applicant provide a detailed explanation of the mining operations, a quantification of all mining activities and subsequent depletions and all legally available replacement sources. (0 A irma tively state that the Applicant has acquired or applied for a National Pollutant Discharge Elimination System permit from the Water Quality Control Division The Operator will apply for a National Pollutant Discharge Elimination System (NPDES) permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment prior to discharging water from the site. Red Tierra Equities, LL -Section 20 Mine — MLRB 112 Permit Application Exhibit G - 2 Groundwater Sampling and Analysis Plan This information provided in this subsection of Exhibit G is intended to satisfy the requirements outlined in the Groundwater Monitoring and Protection Technical Bulletin dated November 191 2019: Existing Groundwater Conditions The near surface groundwater is part of an alluvial aquifer in which 8 rmeable sand and gravel alluvium overlies relatively impermeable bedrock of either the Fox HillsSandstone and/or the Laramie Formation. Groundwater, measured in 7 piezometers, occurs at depths usually ranging from 17' to 25' feet below surface with shallower groundwater to the north of the site. The prevailing groundwater flow at the site is to the north reflecting the site topography. Groundwater in the area is tributary to the South Platte River located northwest of the site. Locally the groundwater levels and flow directions are likely influenced by: TheSouth Platte River is northwest of the site. For most of the year, the river likely acts as a drainage way maintaining groundwater levels at elevations greater than water elevations in the river. In shorter periods of high run off, usually in the spring, river water levels will locally recharge the groundwater table. The Western Mutual Ditch passes southeast of the site under the intersection of Weld County Road 42 and Weld County Road 29. The ditch may act like a drain during the non - irrigation season maintaining water levels at or above the water levels in the ditch. During the irrigation season, the ditch may serve as a source of recharge to the water table. The Farmers Independent Ditch traverses the southeast corner of the site and bisects Cell 5a and 5b. The ditch may act like a drain during the non irrigation season maintaining water levels at or above the water levels in the ditch. During the irrigation season, the ditch may serve as a source of recharge to the water table. There is a pond south of Weld County Road 42. This pond likely causes elevated groundwater levels at the south of the site during the irrigation season. There is a pond north of Weld County Road 44. This pond likely causes elevated groundwater levels at the south of the site during the irrigation season. Irrigation: The site is located in an area of irrigated cropland. Applied irrigation that is not lost to evaporation and transpiration likely recharges the groundwater. p Alluvial wells: Other than the seven monitoring wells drilled at the site for monitoring groundwater levels, there are also nineteen pumping wells permitted within 600 feet of the mine property. There are seven wells north of the site, two wells east of the site, nine Red Tierra Equities, LLC - section 20 Mine — MLRB 112 Permit Application Exhibit G - 3 wells south of the site and one well west of the site. If pumping, groundwater will be drawn to these wells. Potential Slurry Wall and Mining Impacts to Local Groundwater Levels For all lined cells, a properly constructed slurry wall will tend to isolate these cells from the surrounding alluvial groundwater table. The liner around these cells could cause "mounding" of groundwater (increase in groundwater elevation) on the upgradient side (southeast) of the lined cells and a potential "shadow effect" (reduction in groundwater level) on the downgradient side (northwest) of the mine. Because the liner will tend to isolate these cells from the surrounding groundwater table, the effects of dewatering when mining lined cells will tend to not extend beyond the liner. Any mounding effect on the upgradient side of the site (south and southwest) is anticipated to be on the order of a few feet or less and will dissipate with distance from the mine. Similarly, shadowing effects will be on the order of a few feet and will dissipate with distance from the mine, The shadowing effects will be minimized by the presence of the South Platte River to the northwest and the Western Mutual Ditch that runs between Cells 5A and bB and the Farmers Independent Ditch which runs southeast of the site. Dewatering of the unlined cells (Cells I and 2) will result in decreases in water levels around these cells. Since there are no wells permitted within 600' of the unlined cells, the effects of dewatering the unlined cells will be minimal. Area Wells A review of the permitted wells on file with the State Engineer's Office (SEO), Division of Water Resources (DWR) indicates that there are nineteen permitted pumping wells within 600 feet of the permit boundary. All of these wells are screened in the alluvium. None of these wells are within 600 feet of the unlined cells (Cells I and 2). The well locations and applicants are shown on Figure G-2 attached at the end of this section. Groundwater Level Monitoring and Mitigation Plan Dewatering during mining of Cells '1 and 2 is unlikely to affect any wells in the area. However, if the miner receives a complaint, the following mitigation plan will be implemented. The site monitoring wells will be measured monthly to identify potential changes in alluvial groundwater flow or elevation associated with mining and reclamation activities. Baseline data will be collected prior to dewatering or construction of the slurry walls. Baseline data will be collected from the monitoring program will provide a range of relative water levels associated with pre -mining groundwater conditions. Experience at other mines in similar geologic settings has found that groundwater levels tend to fluctuate being highest in the summer irrigation season and lowest in the winter and early spring. The monthly measurements will be tabulated and included with the DRMS annual report for the site. If, during mining or reclamation, the relative seasonal groundwater elevation at any monitoring wells differs from baseline conditions by more than 2 feet, and the condition was not observed during baseline Red Tierra Equities, LLC-Section 20 Mine — MLRB 112 Permit Application Exhibit G - 4 monitoring, or if the miner receives a complaint from any well owner within 600 feet of the site boundary, then the miner will evaluate the cause and take action within 7 days and notify the DRMS. After the DRMS has been notified, the miner will review the data and available information and submit a report to the DRMS within 30 days. The evaluation will include discussions with the well owner who has contacted the miner regarding a concern and review of baseline data from the well and vicinity to evaluate whether changes may be due to seasonal variations, climate, mining, slurry wail lining or other factors. The report will identify the extent of potential or actual impacts associated with the changes. If the extent of groundwater changes due to mining or reclamation activities is determined to be a significant contributing factor that has or may create adverse impacts, the mining associated impacts will be addressed to the satisfaction of the [ARMS. Miner will begin implementing one or more mitigation measures if mining and reclamation activity is determined to be a significant factor to groundwater changes requiring mitigation. Mitigation measures may include, but are not limited to: Placiing water in a recharge pond to raise groundwater levels around the well. Constructing a local clay liner at the edge of the mine Cell (i.e. between the dewatering point and the well) in order to raise water levels on the well side of the liner and mitigate dewatering effects. Cleaning the well to improve efficiency. Providing an alternative source of water or purchasing additional water to support historic well use in terms of water quantity and quality. If needed, water quality parameters will be checked in affected wells to ensure alternative sources support historic use. Modifying a well to operate under lower groundwater conditions. This could include deepening the well or lowering pums' All work would be done at the miner's expense with the exception of replacing equipment that was non-functional prior to mining. Groundwater Quality Monitoring Plan Since mining operations at the site will take place inside of slurry wall lined cells, except for establishing the Freshwater Pond and Siltation Pond, it is unlikely that these operations will have a negative effect on groundwater quality. To establish pre -mining groundwater quality for the site the permittee will sample MW -2 on the downgradient side of the site prior to mining. To establish that mining has had no negative affect on water quality in the area, The Operator will sample the well listed above annually during the month of January. The water quality samples will be tested for the analytes listed in Tables I through 4 of "The Basic Standards for Ground Water," excluding the radiological section of Table 1. RMCC will notify DRMS within 7 days of receiving a lab report that indicates any of the standards set forth in Tables 'I through 4 have been exceeded. If a lab report indicates an exceedance, a new sample will be taken to verify the exceedance and discount lab contamination. Any water quality lab results will be included in the DRMS annual report for the site. Annual groundwater besting will be conducted for the life of the mine unless the requirement has been reduced or eliminated through the Technical Revision process with the [ARMS, Red Tierra Equities, LLC-Section 20 Mine — MLRB 112 Permit Application Exhibit G - 5 December 30, 2021 Mr. Drew Damiano Red Tierra Equities 8301 East Prentice Ave., #120 Greenwood Village, CO 80111 Re: Stability Analysis for the Section 20 Gravel Mine Dear Mr. Damiano: This letter has been prepared to address the Mined Land Reclamation Board (MLRB) Construction Materials Rule 6, Section 4, Subsection 19, Exhibit S - Permanent Man -Made Structures (6.4.19, Exhibit S) for the proposed Section 20 Gravel Mine located northeast of the intersection of State Highway 60 and Weld County Road 42 in Weld County, Colorado. This letter describes the project and slope stability analyses utilized to evaluate the minimum distance between the edge of mining and adjacent structures to avoid damage to the structure. The site is located approximately 3/4 of a mile west of the town of Gilcrest. More specifically, the site occupies nearly all of Section 20, Township 4 North, Range 66 West of the 60 Principal Meridian. The mine is in an area of irrigated agricultural land with common oil and gas wells and related infrastructure and is bound by Weld County Road (WCR) 42 on the south, State Highway 60 on the west, WCR 44 on the north, and WCR 29 on the east. The mine will consist of eight (8) cells. One (1) of the cells will be wet mined at a mine slope of 2 horizontal to I vertical (2h:lv) and backfilled with the silt byproduct of the wash plant operation. The other seven (7) cells will be lined with slurry walls and will be dry mined at slopes of 1.5h:1. Based on the stability analyses, this report indicates that the setbacks and perimeter slopes in the mining plan are sufficient to protect structures within 200 feet of the permitted mining boundary. Actual setbacks may be greater due to permit limitations, zoning requirements, construction issues, agreements with owners, and extent of economically mineable aggregate or other issues. GEOLOGY The Site is located approximately 21 miles east of the eastern flank of the Rocky Mountain Front Range. Younger sedimentary strata dip eastward off the Pre -Cambrian igneous and metamorphic rocks that form the core of the Front Range into the Denver Structural Basin. The Denver Basin is an asymmetrical downwarp of sedimentary strata with a steeply dipping west limb and a gently dipping east limb. Bedrock does not crop out at the site, however regional geologic mapping of the area (Cotton, 1978) indicates the near surface bedrock beneath the site is most likely the Laramie Formation. Colton (1978) describes the Laramie as mostly claystone, shale, sandy shale, and lenticular sandstone. The Lower Laramie is described as sandstone, sandy shale, and claystone with several coal beds. The regional mapping indicates the bedrock is overlain by the Broadway Alluvium. Colton (1978) describes the Broadway as sand and gravel deposited by the South Platte River and its tributaries that is terraced typically lying about 40 feet above major streams. Along the South Platte River, the Broadway is typically on the order of 35 feet thick but can range up to 125 feet thick. GEOTE HNIGAL CONDITIONS Based on the site investigations, the natural site stratigraphy generally consists of four main units: 1) Overburden: generally consisting of near surface fine to medium grained sand locally grading to silty or clayey sand; 2) Sand and Gravel: alluvial deposits that underlie the overburden and overlie the bedrock; 3) Mud Lens: silty to clayey sand Mr. Drew Damaniano December 30, 2021 Page 2 commonly interbedded within the sand and gravel unit; and 4) bedrock usually consisting of sandy claystone and sandstone that is commonly weathered in the top 1 foot and is commonly interbedded and interlaminated. Overburden The overburden is typically a fine to medium grained sand that locally grades to silty or clayey sand typically ranging from 0 to 7 feet in thickness. This unit is usually slightly moist to moist, loose to medium dense with the top 6 to 8 inches containing significant organics. Of the overburden samples tested, the range of percent passing the No. 200 sieve ranged from 4.1% to 31.9%. Atterberg Limits testing ranged from granular non -plastic to Liquid Limits of 26 and Plasticity Indices of 9. Sand & G►avel The sand and gravel is present throughout the site locally occurring at the surface, but typically underlying the overburden and overlying the bedrock. This unit typically consists of slightly silty, fine to medium grained sand overlying or grading to a a fine to coarse grained sand and/or gravelly sand. This unit is typically medium dense but locally dense. This unit is commonly fifty (50) feet thick but is locally as thick as eighty-five (85) feet. Mud Lens The mud lens unit is locally interlensed rle nsed within the sand and gravel unit. This unit typically consists of clayey to silty sand. Thickness varies from one (1) foot to as much as fifteen (15) feet. This unit tends to be thicker on the south park of the site. Bedrock The bedrock encountered in the exploratory borings was generally weathered in the upper foot typically became harder in unweathered zones. The drock consisted of sandy claystone. Groundwater Groundwater was encountered in all of the borings at approximately 15 to 25 feet below ground surface. The groundwater levels will vary seasonally and will typically rise during the irrigation season and when recharge is applied. Groundwater will be controlled with the proposed below grade slurry wall and by pumping down the water level on the interior of the slurry wall. After slurry wall construction, groundwater mounding is anticipated on the upgradient (south and southeast) side of the site and a groundwater shadow (deeper water table) is anticipated on the downgradient (north and northwest) side the site. From a geotechnical standpoint, the sand and gravel will form the majority of the mine slopes. These soils are generally strong and stable, particularly when dewatered. With the exception of the silt pond, dry mining is planned in the cells as the slurry wall will control water level in the main cell and mining will be above the water table in the other cell. STRUCTURES WITH 200 FEET OF DISTURBED AREAS The known, permanent, man-made structures within 200 feet of the proposed mine areas that are not owned by the miner are shown on the attached map(Exhibit C-3) STABILITYANALYSES Division of Reclamation and Mining Safety (DRMS) staff drafted a policy regarding stability analyses of neighboring structures. The draft summarizes adequate factors of safety (FOS) for non -critical and critical structures. The structures around the Section 20 mine are, for the most park, considered critical structures. The FOS are for both static and seismic (from an earthquake) stability analyses. For generalized strength assumptions and critical structures, an FOS of 1.5 is considered sufficient for static conditions and an FOS of 1.3 is considered suitable for seismic conditions. The stability of structures within 200 feet of the proposed mining limits was evaluated at three representative sections under anticipated loading conditions around the perimeter of the site as discussed below. The computer program Mr. Drew Damaniano December 30, 2021 Page XSTABL was used for the analysis. The method for selecting the critical failure surface for each analyzed loading condition is the following. The Modified Bishop's Method of Analysis is used to find the critical failure surface by randomly searching with 20 termination points and 20 initiation points (400 failure circles) with 7 -foot line segments over a broad range of the slope surface and at the structure in question. This procedure is repeated over different initiation and termination locations until the most critical factor of safety failure surface is identified. The range is narrowed and 20 initiation points and 20 termination points (400 failure circles) with 7 -foot line segments for the final run of 400 circles to determine the lowest factor of safety. Therefore, prior to submitting the final stability run, at least 800 failure surfaces were analyzed to determine the lowest factor of safety. Both static stability under anticipated mining conditions and seismic stability under peak ground acceleration loads were performed. Seismic loading was obtained from the U.S. .S. Unified Hazard Tool attached to this report. Review of the Hazard Tool indicated a maximum horizontal acceleration of 0.082g with a return period of 2,475 years for the site. he three cross section locations were selected and analyzed as described below. Section 1: This section is in the northwest corner of the site in an area that will be wet mined prior to being backfilled with silt. This section considers a 50 -foot tall highwall at a point where the mine limit is 40 feet from a gas line. The overburden is modelled at 5 -feet thick and a 2 -foot thick mud lens is modeled within the sand and gravel. This is the most critical section to be wet mined as it marks the point where a tall highwall (deepest bedrock) and closest structure coincide. Pp Section 2: This section is the most typical section at the site. This section considers a 50 -foot tall highwall at a point where the mine limit is 30 feet from the slurry wall. The nearest structure is a gas line located 47.6 feet beyond the slurry wall (total distance 77.6 feet from the highwall). The Western Midstream gas line running through cell 6 may potentially be rerouted around cell 6 to 40.6 feet beyond the slurry wall (total distance 70.6 feet from the highwall. The overburden is modelled at 5 -feet thick and a 5 -foot -thick mud lens is modeled within the sand and gravel. The analysis was run with failure circles starting at 40 -feet from the highwall. Because the FOS meets DRMS standards, structures can be as close as 40 -feet from the highwall. The nearest structure is actually 77.6 -feet from the highwall. ► Section 3: This section is on the southeast part of the site and is the section with the greatest highwall. This section considers an 85 -foot tall highwall at a point where the mine limit is 73 -feet from the slurry wall. The nearest structure is a gas line located 20 feet beyond the slurry wall (total distance 93 -feet from the highwall). The overburden is modelled at 5 -feet thick and a 15 -foot -thick mud lens is modeled within the sand and gravel. The analysis was run with failure circles starting at the slurry wall. Because the FOS at the slurry wall meets DRMS standards and all structures are further from the highwall than the slurry wall, all structures in this area will be stable. MATERIAL PROPERTIES The material index and engineering strengths assumed in this slope stability report are discussed below. Overburden and Mud Lens The strength properties for the in situ silty to clayey sand overburden and mud lens were based on field testing data and on our engineering judgment; the following parameters have been used to model the overburden. Dry Unit Weight (pcf) Moist Unit Weight (pcf) Saturated Unit Weight (pcf) Cohesion CY psi Friction Angle 0' 103 114 126 50 29 Mr. Drew Damaniano December 30, 2021 Page 4 Alluvial Sand and Gravel The sand and gravel is generally a the to medium -grained sand overlying a fine to coarse grained sand that is typically medium dense and locally gravelly. The alluvial sand and gravel unit was modeled as follows: Dry Unit Weight (pct) 115 Moist Unit Weight (pc0 Saturated Unit Weight (pct 119 Cohesion C'psf 129 6 Friction Angle G'c' 35 Bedrock Bedrock below the alluvium is sandy claystone, sandstone and interlaminated to interbedded claystone and sandstone bedrock. Sandstone is typically stronger than claystone. Claystone is generally a weak bedrock. To be conservative, we modeled the bedrock as claystone. For the claystone bedrock, two potential strength conditions were considered. These strength conditions are referred to as: 1) peak strength, and 2) residual strength. Peak strength is the maximum shear strength the claystone bedrock exhibit. The shear strength is made up of both cohesion (diagenetic bonding) and internal friction. Under short-term conditions for unsheared claystone, peak strength governs behavior. If a sheared surface or sheared zone is present within sandy claystone because of faulting, slippage between beds due to folding, past shrink -swell behavior, stress relief, weathering, or from a landslide, the cohesion along the sheared surface is reduced to zero, and the angle of internal friction is decreased, due to alignment of clay minerals parallel to the shear plane. Under these conditions a claystone exhibits its lowest strength known as residual strength. Residual strength bedrock occurs in discrete zones, parallel with the sheared surface or zone, whereas fully softened strength occurs over a broader area (not used in this modeling). Based on data from site investigations, the residual strength claystone was modeled in a 3/4 -foot thick, weathered layer overlying the peak strength bedrock as follows: Dry Unit Weight (pcf) Moist Unit Weight pcfQ Saturated Unit Weight (pcf) Cohesion C psf Friction Angle 0'° 116 Peak = 126 Residual = 110 Peak =135 Residual = 133 Peak = 100 Residual = o Peak =29 Residual = 18 Soil-Bentonite Slurry Wall The proposed slurry wall will consist of a mix of the overburden clayey to silty sand, alluvial sand, and imported bentonite. The resulting mix will produce a non -Newtonian fluid with some shear strength characteristics based on a reduced friction angle of the overlying overburden. Based on engineering judgment, we modeled the slurry wall as follows: Dry Unit Weight (pct) Moist Unit Weight (pct) Saturated Unit Weight (pct Cohesion CI psf Friction Angle '° NA 112 115 0 STABILITY ANALYSES RESULTS The stability analyses assumed the mining will be per the mine plan. The plan includes wet mining in the cell to receive silt and dry mining in the other seven (7) cells as the water level in these cells will be controlled by slurry walls. The mine slopes in the wet mined cell will not exceed 2h:l v. Mine slopes in the slurry wall lined cells will not exceed 1.5h:1 v. Setbacks listed in Table -1 (below) indicate the setback from the structure to the mining limits. The setback distance can be increased as needed to address other restrictions. The factor of safety shown below is the minimum factor of safety of the three conditions listed above. Mr. Drew Damaniano December 30, 2021 Page 5 TABLE 1 - SLOPE STABILITY RESULTS AND SETBACKS Section Location Structure Critical Structure Setback Mine Limit From (ft) Static Factor Safety Structure of at Seismic Safety (0.082g Factor at Structure horizontal) of DRMS Draft FS Requirement Static/Quake 1 Unlined be (50', wet Cell to mined 2h:Iy) Gas Line 40 1.75 1.32 1.5/1.3 2 Lined Cells Mined 1.5h:1v) (50', Dry Gas Line 40 1.60 1.32 1.5/1.3 3 Lined Cells Mined 1.5h:1 (85', v)) Dry Slurry Wall/ Gas Line 73 1.67 1.37 1.5/1.3 CONCLUSIONS Based on the Factors of Safety listed in the table above, the mine will not be a hazard to neighboring structures provided the structure and slurry wall offsets, as well as the perimeter mine slopes, follow the mine plan. LIMITATIONS Our review is based on regional geologic mapping, present mining plans, and in part borehole data by Civil Resources. Stability analyses were performed using typical strength parameters for the various strata in the critical sections. Should the mining plans change or subsurface conditions vary from those portrayed in this letter, we should be contacted in order to re-evaluate the potential affects on permanent man-made structures. Stability analyses were run at the structure in question and were not run on failure surfaces closer to the highwall. Note also that surcharge loads due to temporary material stockpiles and overburden berms were not considered in the analysis. Please call with any questions or comments. Sincerely, Civil Resources, LLC Gary Linden, P.G. Senior EngineeringGeologist Attachments: U.S.G.S. Uniform Hazard Tool Earthquake Acceleration XSTABL Model Outputs: Sections 1, 2, and 3 J:tBrannantGilcrest eology\Stability Analysis\Stability analysis report - Sec 20.doc 2C' MIN. 0 0 1l C1 &.W&L'D PROCCSS NVO STO MW4 Ira ascnwcc aMvr OVERBURDEN STOCKPILE CELL 2 CELL 2 PHASE 1 CELL 1 PHASE 1 I�NIIINNINIIIINNI CELL S PHASE TOPSOIL STOCKPILE CELL2 IIININININIw11NNININININININININNIININ� ♦ ♦` ♦ PROPOSED MOVED GAS uNE CELL 6 PHASE l CELL 2 PHASE z en Q11••N' clan C1//n cnCOI OVERBURDEN STOCKPILE CELL 6 0 CELL 2 PHASE 3 CELL 6 PHASE 2 CELL 6 PHASE 4 FUTURE MINE AREA TO BE INCLUDED IN CELL 6 (AFTER SOLAR ARRAY REMOVAL) CR-44 L= TOPSOIL STOCKPILE CELL 6 CELL 7 PHASE I ❑o 8 I� 15x40 - 40 ' TOPSOIL 25+00 .1► STOCKPILE CELL 7 C1/Nq EL, OVERBURDEN STOCKPILE CELL 7 (CELL 55 `PHASE I CELL SN PHASE 1 ail•31tla81))la CELL SN PHASE 2 I L 0 D aaaaa JO* 0O (►A.n Awns CA/n CELL SN PHASE 3 CELL 55 PHASE 4 0 IO U 1 r —ice.a. CC O 4770' 4760' 4750' 4740' 4730' 4720' 4710' 4700' 4690' 4680' 4780' 4770' 4760' 4750' 4740' 4730' 4720' 4710' 4700' 4690' 4680' [4670' 14660' 4650' c O c 4770' 4760' 4750' 4740' 4730' 4720' 4710' 4700' 4690' 4680' N n$ n !01 i ri a ri S 1' r S • N a 0 1' I $n 0+00 0+50 1+00 1+50 2+00 2+50 SECTION - CELL 2 (SILTATION POND) 4 u 7R 0.IS 1• PIM 3+00 EDGE OF CO 66 H EX GAS LINE FUTURE GAS LINE 3+50 EX GRADE 8. P t 8 4770' 4760' 4750' 4740' 4730' 4720' 4710' 4700' 4690' 4680' Op • s O M O S O H .41 O S O S O S S 1 S 1 w 0+00 0+50 1+00 1+50 2+00 2+50 3+00 SECTION - CELL SS SIUPRY WALL EX GRACE 1.5 1 MINE SLOPE I-- 73.6 3+50 4+00 4770' 4760' 4750' 4740' 4730' 4720' 4710' 4700' 4690' 4680' Y29'.4` t- - l 20.0' r GAS LINE GARAGE N P b M S • • S 0+00 0+50 1+00 1+50 2+00 2+50 3+00 N04TM O 170 100 Know WI1.IS below. Call before you dig. SECTION - CELL 55 1i® 0® ■serI l 6 INCH GAS LINE 2 INCH GAS LINE C 3 INCH GAS LINE G 4 INCH GAS LINE G 6:Nth GAS UNE G B INCH GAS UNE 3+50 4+00 PREPARED UNDER THE SUPERVISION OF JrI• NAME Kyle S. Ragan P.G. GATE QUALIFIED AS A PROFESSIONAL GEOLOGIST AS DEFINED BY COLORADO STATUTE. 4780' 4770' 4760' 4750' 4740' 4730' 4720' 4710' 4700' 4690' 4680' 4670' 4660' 4650' CIVIL RI-SIDURL i-S 323 Sth STREET P.O. Box 680 FREDERICK, CO 80530 303.833.1416 W WW.CIVILRESOURCES.COM RED TIERRA EQUITIES, LLC 1301 E PRENTICE AVE 1120 GREENWOOD VILLAGE. CO 50111 303.771.1005 (P) CONTACT DREW DAMIANO SECTION 20 DRMS 112 RECLAMATION PERMIT GILCREST, COLORADO REVISIONS NO DESCRIPTION DATE DESIGNED BY JUL DRAWN OF is_ NECKED BY ail_ 306 NO. 301.001.04 CWG NAME-ILCRE5T-AREA•GEOLOGY _VT! DATE 971672021 SCALES NOTED AS NOTED SLOPE STABILITY SECTIONS SHEET EXHIBIT C-7 An example Structure Agreement which meets the requirements of the Statutes is shown below. ************x************************************************************************ Structure A This letter has been provided to you as the owner of a structure on or within two hundred (200) feet of a proposed mine site. The State of Colorado, Division of Reclamation, Mining and Safely ("Division") requires that where a mining operation will adversely affect the stability of any significant, valuable and permanent man-made structure located within two hundred (200) feet of the affected land, the Applicant shall either: a) Provide a notarized agreement between the Applicant and the Person(s) having an interest in the structure, that the Applicant is to provide compensation for any damage to the structure; or b) Where such an agreement cannot be reached, the Applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or c) where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owners) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility. ( Construction Materials Rule 63.12 and Rule 64.19 Hard Rock /al Mining Rule 6, 3, /2 and Rule 6.4. 0) The Colorado Mined Land Reclamation Board ("Board') has determined that this form, , if properly executed, represents an agreement that complies with Construction Materials Rule 6.3.12(a), Rule 6.4.19(a), and CAS. § 34-32.54 15(4)(e) and with Hard Bock/Metal Mining Rule 6.3.12(a), Rule 6.4.204, and C. R.8. ' 34-32-115(4)(d). 'h is form is for the sole purpose of ensuring compliance with the Rules and Regulations and shall not make the Board or Division a necessary party to and private civil lawsuit to enforce the terms of the agreement or create any enforcement obligations in the Board or the Division. The following structures are located on or within 200 feet of the proposed affected area: HOUSE M 9. 3. 4. 5. Cain (Please list additional structures on a separate page) CERTIFICATION The Applicant, Red Tierra Equities, L. L, C. (print applicant/company name), by Robert Lembke rint re re entati e' name , Manager representative's title), does hereby certify that Robert Kern (print (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Section 20 Gravel Mine (operation name), File Number M_2022.001 This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the Extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations. Any alteration or mod(icatuan to this form shall result in voiding this form. . KNOW.! GED B Applicant NOTARY FOR ERMIT APPLICANT Representative Name de/ gr iff/ikest ire Date � � � � Title Mayii-sedes‘. STATE OF CO,A UJcM COUNTY OF AYG1 0.1 ) ss_ } The foregoing was acknowledged before me this2.l s} day gfir�y�?l�=4 �,p, , 20 22., by ROIOCYU Le,rr110ke, as mUYYAcaPK' of liefiselear!-Pr CIL LA) 'Gl,4":C • Nofant Public mAARV BATES NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20204035076 My Commission Expires:t r 07, 2024 My Commission Expires: (OjiJ2Oz� NOTARY R STRUCTURE OWNER ACKNOWLEGED BY: Structure Owner Date _ 3'vZ' a STATE OF )ss. COUNTY OF ,l'epavil-re-- Title (31 C,t3 Ike Yea he foregoing was acknowledged before me this day of _ telt bitvn, as Weser _ of N tart' Public My ommission Expires: _ (:)- JANICE L. WIEDEMAN Notary Public State of Colorado Notify ID 0 19974000060 My Commission ExD1res 02-14-2025 z4 as An example Structure Agreement which meets the requirements of the Statutes is shown below. ************************************************************************************* Structure Agreement This letter has been provided to you as the owner of a structure on or within two hundred (200) feet of a proposed mine site. The State ofColorado, Division of Reclamation, Mining and Safety ("Division") requires that where a mining operation will adversely affect the stability of any significant, valuable and permanent man-made structure located within two hundred (200) feet of the affected land, the Applicant shall either: a) Provide a notarized agreement between the Applicant and the Person(s) having an interest in the structure, that the Applicant is to provide compensation for any damage to the structure; or 1) Where such an agreement cannot be reached, the Applicant shalt provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or c) Where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility. ( Construction Materials Rule 6.3.12 and Rule 6.4.19 & Hard Roc/Metal Mining Rule 6.112 and Rule 64,20 The Colorado Mined Land Reclamation Board ("Board") has determined that this orm, properly executed, represents an agreement that complies with Construction Materials Rule 3.1 o(a)f Rule 6.4.19(a), and .R.5. § 34-325-115('4,)('e,) and with Hard Rock/Metal Mining Rule 6.3.1.2(a), Rule 64.2 (a), and '. '. S. S 34-32-115(4)W This form is for the sole purpose of ensuring compliance with the Rules and Regulations and shall not make the Board or Division a necessary party to any private civil lawsuit to enforce the terms of the agreement or create any enforcement obligations in the Board or the Division. The following structures are located on or within 200 feet of the proposed affected area: Colorado State Highway 1, 2. 4.. 5+ (Please list additional structures on a separate page) CERTIFICATION The A licant, Red Tierra i Equities, L, L_ pp.(print applicant/company name), by Robed Lembke (print representative's name), as Manager (print representative's title),does hereby certify that i d [ p rtm+en# of Tr n car# lion (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Section 20 Gravel Mine - - (operation name), File Number M- 2022 _ OO 1 This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the Extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this form. NOTARY FOR PERMIT APPLICANT ACKN 0 Applicant Date 92-/''" STATE OF CO] OyU Li(%) r?'�epresenxative Name � r /gt /`/• /,n j 44. ?Zit 1"2- Title Mel i fetaisl ) ss, COUNTY oFAVCITArlee The foregoing was acknowledged before me this 210' day of Feb YU G41- ( , 20 ; by Robnt Len/TM Pt as man a c Ic? = of gall:nth Et i �t � s. Notary Fubl k MARY BATES NOTARY PUBLIC STATE. OF COLORADO NOTARY ID 20204035076 My Commission minas- Octet 07, 2024 My Commission Expires: 10 II j 2024. NOTARY FOR STRUCTURE OWNER ACKNOWLEGED BY; Redee r Sotierenethrecas Structure Owner °Pp j Date 3/0/ Z a ne Title _ Row Seiteatioc STATE OF COUNTY OF ss. The foregoing was acknowledged before me this r day of ,. * 202 , by Stet 1 r It..I icy as 'Ft( RlittaisPiailua AII.eI _ of e ? e Notary Public My Commission Expires: 19677141 - rI itowatAratr RICHARD V BARKER Notary Public State of Colorado Notary ID 0 20004078457 Icy Commission Expires 09s03a2024 NOTARY' FOR STRUCTURE OWNER A KNOWLE ED BY: Structure Owner . _d- to 0 � f £ Name Date i5VM r A ,2002,,L Title o are nie OLe) Y2 Q STATE OECD' 0,(01/4d U ) )ss. COUNTY OF ittd The foregoing was acknowledged before me this I (Hi day of P4cc ec f 201225 by PY v k Peu !c co I tiylc as OW Y!cY43 _ of VeW-( ci2 LjI p V'Io+k V; < if, My Commission Expires! KAREN ANN MELBY NOTARY PUBLIC STATE OF COLORADO NOTARY ID 2 1 24 MN COMMISSION EXPIRES OCTOBER 27, 2025 An example Structure Agreement which meets the requirements of the Statutes is shown below. **********t************************************************************************** Structure A&reement This letter has been provided to you as the owner of a structure on or within two hundred (200) feet of a proposed mine site. The State of Colorado, Division of Reclamation, Mining and Safety ("Division") requires that where a mining operation will adversely affect the stability of any significant, ant, valuable and permanent man-made structure located within two hundred (200) feet of the affected land, the Applicant shall either: a) Provide a notarized agreement between the Applicant and the persons) having an interest in the structure, that the Applicant is to provide compensation for any damage to the structure; or b) Where such an agreement cannot be reached, the Applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or Where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility. ( Construction Materials Rule 63.12 and Rule 64,19 & Hard RockiMetai Mining Rule 6.3.12 and Rule 6.4,20) The Colorado Mined Land Reclamation Board ("Board") has determined that this, farm, if properly executed, represents an agreement that complies with Construction Materials Rule 63.12(a), Rule 6.4.19(a), and C. , . 34-32.5-115(4)N and with Hard ' oc etal Mining Rule 6.3.12(a), Rule 6.4.20(a), and C.R.S. if 34-32-115(4)(d). This form is for the sole purpose of ensuring compliance with the Rules and Regulations and shall not make the Board or Division a necessary party to any private civil lawsuit to enforce the terms of the agreement or create any enforcement obligations in the Board or the Division. The following structures are located on or within 200 feet of the proposed affected area: HOUSES il3q3,-7, 6esm �Z wane- 619 4$17 e 'guns - OUTBUILDINGS _ 1Zo s Qqxzr 19/11 Zi OPtr Iii PC -1/ ;Ad IZX IZ Sfro")arre-i.c,w1lLteiPoie4Ai4/I 4:1 jr /MA 3a Meek Sid pnm 2s-/icr "Ai/ (Please list additional structures on a sepcxra, 'e page) CERTIFICATION The Applicant, Red Tierra Equities, L.L. , (print applicant/company name), by Robed Lembke (print representative'sname), as Manager .(p(print representative's title), does hereby certify that Terry and Janice Wiedeman (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Section 20 Gravel Mine File Number M,_2022 a 001 (operation name), This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Actor the Extraction of ons uction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations Any alteration or modification to this form shall result in voiding this form. d ' NO►W ED BY Ivry Applicant Date NOTARY FOR PERMIT APPLICANT Representative Name raaeT /`/7 /6;r79,4' Tide -' STATE OF COI o61o1 0 ) )ss. COUNTY flFn Val ri The foregoing was acknowledged belme me lhis2l ni day oCF�1 vetA4'iti , 20 22, by RDttPtLentAt as mot t9) of Redisicxyrtaik A.4 044- Nota'' Public My Commission Expires:1O/ d j "] 1202,4 MARY BATES NOTARY PUBLIC STATE OF COLORADO NOTARY ID 2020405076 My Commission Expires; October O7 2024 NOTARY FOR STRUCTURE OWNER ACKNOWLEGED BY: Structure (}weer' � ye) l0-.1/A5rod Jt/1dt1',ei/Name ZOZ20-- Title Date 3 'a' 1 '7' STATE OF COUNTY OF 11441/4)4C se. The foregoing was acknowledged before me this tg day o , 2043Z, by Derr arid "Kitt* of _ Notary Public • TERESA. SWANS0N NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20154040453 MY COMM SSIONEXPIRES OCTOBER 14, 2020 My Commission Expires: C'Qhttr /*2a 3. An example Structure Agreement which meets the requirements of the Statutes is shown below. ************************************************************************************* Structure Agreement This letter has been provided to you as the owner of a structure on or within two hundred (200) feet of a proposed mine site. The State of Colorado, Division of Reclamation, Mining and Safety ("Division") requires that where a mining operation will adversely affect the stability of any significant, valuable and permanent man-made structure located within two hundred (200) feet of the affected land, the Applicant shall either: a) provide a notarized agreement between the Applicant and the Person(s) having an interest in the structure, that the Applicant is to provide compensation for any damage to the structure; or b) Where such an agreement cannot be reached, the Applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or c) Where such structure is a utility, the Applicant may supply a notarized fetter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility. Construction Materials Rule 63.12 and Rule 6.4.19 & Hard Roc Metal Mining Rule .3.12 and Rule 6..20,E The Colorado Mined Land Reclamation Board ("Board") has determined that this form. if properly executed, represents an agreement that complies with Construction Materials Rule 6. 3.12(4 Rule 6.4.19(a), and . QS. ,, 34-32.415 15(4)(e) and with Hard Rock/Metal Mining Rule 6.3.12(a), Rule 64.20(4 and G.R.S. , 34-32-115(4)(d). This fform is for the sole purpose of ensuring compliance with the Rules and Regulations and shall not make the Board or Division a necessary party to any private civil lawsuit to enforce car the terms of the agreement eemGn6 of create any enforcement obligations in th Board or the Division. The following structures are located on or within 200 feet of the proposed affected area: Overhead Power Lines 1, 4. 5. (please list additional structures on a separate page) CERTIFICATION ATION The Applicant, Red Tierra Equities, L.L.C. (print applicant/company name), by Robert Leer bk (print representative's name), as Manager (print representative's title), does hereby certify that Xcel Energy/ ;e (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Section 20 Gravel Mine (operation name), File Number M-2022 .001 This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation A ci for the Extraction of `onstr ction Materials and the Colorado Mined Land Reclamation Act, or Hard Rock, Metal, and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this form. NOTARY FOR PERMIT APPLICANT ACKIiilOWEEGEDD BY: Applicant Date STATE of enIO'oiOlO Representative Name Bar a' An, Title ss. COUNTY OF R tpI r,9111 Ore) The foregoing was acknowledged before me this 2114 day of Fettu RObxt Loxv*Wt as mana9er of Fett Ti vivier Notri Public MARY BATES NOTARY PUBLIC STATE OF COLORADO NOTARY ID 2020405070 Commission Ex - October 07.2024 My Commission Expires 10(112014 2022 , by Gonittittc . Date NOTARY FOR STRUCTURE OWNER. ACKNOWLEGED WLE' `' BY: Structure Owncr?U.kto.G CC Cc- bra Name 4.6• As te,ffel Chests COUNTY +iNi a )ss. _ Title The foregoing was acknowledged before me thi do of Xartoi by of 42/ .. as Au Notary Public ROBERT E. BLU, I I Notary Public State of Colorado Notary ID *20104014057 My Commission Expires 04-22-2022 L My Commission Expires: 1/1 427 2 An example Structure Agreement which meets the requirements of the Statutes is shown below. ************************************************************************************* Structure Agreement This letter has been provided to you as the owner of a structure on or within two hundred (200) feet of a proposed mine site. The State of Colorado, Division of Reclamation, Mining and Safety (`Division") requires that where a mining operation will adversely affect the stability of any significant, valuable and permanent man-made structure located within two hundred (200) feet of the affected land, the Applicant shall either: a) Provide a notarized agreement between the Applicant and the Person(s) having an interest in the structure, that the Applicant is to provide compensation for any damage to the structure; or b) Where such an agreement cannot be reached, the Applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or Where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility. ( Construction Materials Rule 6.3.12 and Rule 6.4.19 Hard Rock/Metal Mining Rule 6.3.12 and Rule 6.420) The Colorado Mined Land Reclamation Board ("Board",) has determined that this form, if properly executed, represents an agreement that complies with Construction Materials Rule 6.3.12(a), Rule 64.190), and CRS 34- .5-115(4)(e) and with Hard Rock fetal Mining Rule 63.12(a), Rule 6.4.20(a), and CR.S. ` ' 34-3 2-115 ' . This form is for the sole purpose of ensuring compliance with the Rules and Regulations and shall not make the Board or Division a necessary party to any private civil lawsuit to enforce the terms of the agreement or create any enforcement obligations in the Board or the Divisi a . The following structures are located on or within 200 feet of the proposed affected area: Irrigation pivot 11 Sr Irrigation Pond Two Concrete Ditches Water pipeline from Western Mutual Ditch (Please list additional structures on a separate page) CERTIFICATION The Applicant, Red Tierra Equities, L.L.C. (print applicant/company name), Robert Lembke Manager (print by- - (print representative's name), as representative's title), does hereby certify that n I I JaniceKnutson (s cture owner) shall be compensated for any damage from the proposed mining operation to the above listed strcture(s) located on or within 200 feet of the proposed affected area described within. Exhibit , of the Reclamation. Permit Application for Section 20 Gravel Mine File Number M-2022 - 001 (opera.t ion name), This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the Extraction of o structio Materials and the Colorado Mined Land Reclamation on Act for Hard Rock, Metal, and Designated Mining Operations. Any alteration or modification to this for . shall result in voiding this form. .NOTARY FOR PERMIT IT APPLICANT CKNO I B Applicant Date STATE OF aktoctO ss. COUNTY oFAiren The foregoing was acknowledged before me this2l�'day of FeoflA , 20Z, by keohrit-, L@xnnW& as ni dlm' �.r1�, ofT�er�Ttie.�nr ��ti n cc- • Representative Name I`1a/3ter- I JEsts Ru, Title 171,42/trilif My Commission Expires.10L11202± MARY BATES NOTARY PUBLIC STATE OF COLORADO NOTARY MD 202 035076 My Comrmisin Expires: October 07,, 2.024 NOTARY FOR STRUCTURE OWNER ACKNOWLEGED WL GED Structure Owner Date STitle " STATE OF fait)(0411) COUNTY OF ) 9 r 1 ss. Name Thy for::: -ping was act lodged before me this day of of 14;e1/9 tall (.1 trzeiga-1 1�Tc I Public: My Conunission Expires: ffi Ogci 3 LYNN KKR NOTARY PUBLIC VATS OF COLORADO NOTARY ID 20034018159 MY cOMMiSSPON g:xfliRE. JUNE 2 fl Lar CERTIFICATION The Applicant, Red Tierra Equities, L.L.C. (print applicant/company name), b Robs rt Le rn bke (print representative's name), as Manager ant representative's title), does hereby certify that DCP Midstream (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Section 20 G ravel Mine (operation name), File Number M-2022 _ 001 _ This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act ffor the Extraction of Construction Materials and the Colorado Mined Land Reclamation A for Hard Rock, Metal, and Designated Mining Operations. Any alteration or modification to this forme shall result in voiding thin form. NOTARY FOR PERMIT APPLICANT A.CKNOWED BY: Applicant Date STATE OF Cciorncio ) ss. COUNTY OF _ ,} Representative NarniaCe' Title /!iANeiz,�+ v The foregoing was acknowledged before me this 4- day of Felovu,a air , 20 by Vic- Lerin as OncN►'� �e.y _ of Real-texYttV►i1/4�i�� My Commission Expires: tO11 1 BA !ES NOTARY PUBLIC STATE OF COLORADO NOTARY ID 202040350/0 M Contain E on: October 07, 2024 T COUNTY of friteil NOTARY FOR STRUCTURE TURE WN R ACICNOWLEGED BY: Structure Owner A'' M, Date 1 tone STATE of ,ed; f _) ss, Name Title The foregoing was acknowledged before me this S day of" e, httioc, lacra as I ersy- .- fad Totary Public 0 te,h of Pcse Addsirecere My Commission Expires: WILLIAM SHEEHAN III NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174039030 MY COMMISSION EXP'IRESSEP'I'EMBER 18, 2025 CERTIFICATION The Applicant, _Jalisco International, Inc (print applicant/company name), b (print representative's name), as pit ; �� o (print representative's title), does hereby certify that DCP Midstream (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for ction Mine File Number NI - (operation name), This fonn has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the Extraction of f Construction Materials and the Colorado Mined Land Reclamation Act, for Hard Rock, Metal, and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this ffore. ACKNOWL. Applicant Date ///14:Zr NOTARY FOR PERMIT APPLICANT STATE OF OtAbradj) COUNTY ClF fl tioYl ) ss. a Representative Name les L eh?(gr Title re3 ke-Ast The foregoing was acknowledge�fQre me thisZ. , t day oftoSI a it of ifIsienirot lettonthas, as Notary Public My Commission Expires: icJ I - r ' VANESSA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20214 679 MY COMMISSION EXPIRES OCTOBER 15, 2025 NOTARY FOR STRUCTURE OWNER ACKNOWLEGED LEGED BY: Structure Owner rid litZgoluerlealea, nook Date Xe A gai Zv�z STATE OF C4,ea4 COUNTY OF �/rI ) ss. } Title a�� 747101,.." The foregoing was acknowledged before me this 5/day of �� _ , 20 , by -11 4,iderioC as Mele net in- Ecei of Pet nehifiregesfrn Notary Public My ommission Expires: WILLIAM SHEEHAN ICI NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174039030 MY COMMISSION EXP!Rfl 9EPTEMSER 18, 2026 o_J a .= 1.J. da...,ia. An example Structure Agreement which meets the requirements of the Statutes is shown below. ***** ** **** ** ****iR ** * ********** *********** *** ********** * **** ***************** * * ******* Structure Agreement This letter has been provided to you as the owner of a structure on or within two hundred (200) feet of a proposed mine site. The State of Colorado, Division of Reclamation, Mining and Safety ("Division") requires that where a mining operation will adversely affect the stability of any significant, valuable and permanent rnannmacte structure located within two hundred (200) feet of the affected land, the Applicant shall either: a) Provide a notarized agreement between the Applicant and the Person(s) having an interest in the structure, that the Applicant is to provide compensation for any damage to the structure; or h) Where such an agreement cannot be reached, the Applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or c) Where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility. ( Construction Materials Rule 6.3.12 and Rut 6.4.19 & Hard Roo etas Mining Rule 6.3.12 and Rule 64_20) The Colorado Mined Land Reclamation Board ('Board") has determined that this form, V properly executed, represents an agreement that complies with Construction Materials Rule . 3.12(a), Rule 6.4.19(a), and '_R_ '. § 34-32.5-1 I (4)(e) and with Hard Rock/Metal Mining Rule 5.3.12(a), Rule 64.20(a), 0(a), andC.R.S. 34-32-1.15(4)(4). This form is for the sole purpose of ensuring compliance with the Rules and Regulations and shall not make the Board or Division a necessary party to and private civil lawsuit to enforce the terms of the agreement or create any enforcement obligations in the Board or the DiViSialL The following structures are located on or within 200 feet of the proposed affected area HOUSE 1. 2. \S'sh 3. ra.3 e. 13(kaki 1 Ai 'kJ 44 301)i- 36 g corn 5. (Please list additional structures on a separate page) NOTARY FOR STRUCTURE OWNER ACKNOWLEGED ED BY: Structure Owner Date STATE OF ?IL), f w i4A n Name in, ss. COUNTY flF' Title fvsro€4y 0 +tea gier The foregoirN was acknowledged before me this day of , 2021by )4; .eit---ta as of ,,2c33Ud arth‘sareli. cima Not _ Public l is My omn ssion Expires: J 1,2, BEVERLY CUNNINGHAM NOTARY PUBLIC STATE OF COLORADO NOTARY 1O 20114052657 MY COMMISSION PI FEES AUGUST UST 25fr 2023 CERTIFICATION The Applicant, Red Tierra Equities, L.L.C. (print applicant/company name), by Robed Lembke (print representative's name), as Manager representative's title), does hereby certify that CENTRAL WELD COUNTY WATER DISTRICT (print _(structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Section 20 Gravel Mine File Number M 2022 _001 0'1 (operation name), This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the Extraction of Construction Materials and the Colorado Mined Land Reclamation n ct for Hard Rock, Metal, and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this form. NOTARY FOR PERMIT APPLICANT . KN Applicant epresentative Name ZS car Date Title neloWifetee STATE of po( ) Ss. COUNTY oFA��Anoc ) The foregoing was acknowledged before me this 21(44 day of Fevu CAY1 ( , 20 2Z, by Leas fYlanar � , of RiW'flm grt, elike My Commission Expires: IC 141 ( Z02-1' _ MARY BATES NOTARY PUBUC STATE OF COLORADO NOTARY ID 202 35070 Commission ems: October OIL 2024 NOTARY FOR STRUCTURE OWNER ACKNOWLEGED BY: Structure Owner'kL:.;LIe/A(o 1/44, Date Sis",Cr) .9 STATE OF CotDco4b ) )ss COUNTY OF ► Q 1 / ) Title The foregoing was acknow l dged before me this a 3 day of _ mcLrch , 20 AA Uby itioratir n LirN as bill_ rity_r of My omission Expires: FiOX ��.,;cti,F:. , ARC A PUBLIC STAT ref R AD O MO AF , t .i4914001261 5 CIVIL RESURCES,LLC ENGINEERS & PLANNERS June 3rd, 2022 Mr. Peter Hays Division of Reclamation, Mining, and Safety 1313 Sherman Street, Room 215 Denver, Colorado 80203 RE: Red Tierra Equities, L.L.C., Section 20 Mine, File No. M-2022-001, 112c Permit Application Adequacy Review; Response Dear Mr. Hays: This letter is being generated to address the "Adequacy Review" letter dated April 19, 2022 for the Section 20 Gravel Mine 112 Construction Materials Reclamation Permit Application Package. I have included the original text of the letter and my responses in bold below: Comments 1. The Division received state agency comments from History Colorado, the Division of Water Resources and Colorado Parks and Wildlife. The letters were emailed to the Applicant on April 14, 2022. Please address the comments and revise the application accordingly. History Colorado — No response required. Red Tierra Equities, L.L.C.(Red Tierra) will follow the requirements under CRS 24.80 part 13 if human remains are found during ground disturbing activities at the site. State Engineer's Office — No response required. Red Tierra will fist obtain a well permit and substitute water supply plan or decreed plan for augmentation prior to use/exposure of any groundwater. Colorado Parks and Wildlife — No concerns or response required. 1.6 Public Notice 2. Pursuant to Rules 1.6.2(1)(d) and 1.6.5(1), please submit proof of publication in a newspaper of general circulation in the locality of the proposed mining operation. Proof of Publication has been included. 3. Pursuant to Rule 1.6.2(e), please submit proof of the notice to all owners of record of surface and mineral rights of the affected land and the owners of record of all land surface within 200 feet of the boundary of the affected land including all easement holders located on the affected land and within 200 feet of the boundary of the affected land. Proof of notice may be return receipts of a Certified Mailing or by proof of personal service. Please provide proof of notice to the owners of record of the surface and mineral rights of the affected land as indicated in Exhibit 0. a. CAW Equities, L.L.C. b. Red Tierra Equities, L.L.C. The Applicant provided proof of notice on March 25, 2022. The Division's questions regarding the notices are discussed under Exhibit S below. Proof of notice is discussed under Exhibit S below. 8308 COLORADO BLVD • SUITE 200 • FIRESTONE, COLORADO 80504 • PHONE: 303.833.1416 • FAX: 303.833.285❑ pubt:C Rev;ec..) cc: PL(TP),PWCSn/ER/cH/cK) a0 "o-(76 612o122 6/15122 Page 2 Mr. Peter Hays February 1", 2022 Application Form 4. On Page 1, Item #1.1 of the application form, the Applicant indicated the type of organization as a Limited Liability Corporation (LLC). Please provide the corporation seal on Page 8 of the application form, if the corporation does not have a seal please indicate "no seal". "No Seal" has been added to page 8. 6.4 Specific Exhibit Requirements - Regular 112 Operations The following items must be addressed by the Applicant in order to satisfy the requirements of C.R.S. 34-32.5-101 et seq. and the Mineral Rules and Regulations of the Mined Land Reclamation Board: 6.4.1 Exhibit A - Legal Description 5. The Applicant provided a revised Exhibit A on March 25, 2022 to include the acreage values for the northern parcels for the proposed site. The total acreage value for the four (4) parcels equaled 631.58 acres. The Applicant indicated the total acreage in the permit area as 630.15 on Page 1, Item #3 on the application form. Please explain this discrepancy and revise the application form and/or Exhibits A and C accordingly. 631.58 is the correct acreage from the ALTA, I have changed all areas where acreage is listed to reflect the 631.58 number. 6.4.3 Exhibit C - Pre -Mining and Mining Plan Maps of Affected Land 6. Rule 6.2.1(2)(b) requires maps be signed by a registered land surveyor, professional engineer, or other qualified person. Please submit signed copies of the Exhibit C maps. I have signed the Maps as a Professional Geologist under Colorado Statute. 7. The Applicant informed the Division the oil and gas well located in the northeast corner of Cell 6 was abandoned and the well peninsula will be included in the Mining Plan. Please provide revised copies of Exhibits C-5 and C-6 indicating the revised mining limit and a copy of the well abandonment report from COGCC. See attached Exhibits C-5 and C-6 as well as the COGCC well status report. 6.4.4 Exhibit D - Mining Plan 8. On Page 1 of Exhibit D, the Applicant states the site encompasses 630.9 acres. The Applicant indicated the total acreage in the permit area as 630.15 on Page 1, Item #3 on the application form. Please explain this discrepancy and revise the application form or Exhibit D accordingly6.4.5 631.58 is the correct acreage from the ALTA, I have changed all areas where acreage is listed to reflect the 631.58 number. Exhibit E - Reclamation Plan 9. On Page 2 of Exhibit E, the Applicant states stockpiles remaining in place for more than one growing season will be vegetated. Please commit to seeding stockpiles which have been in place for 180 days and provide a seed mixture as pounds of pure live seed (PLS) per acre. Page 2 of Exhibit E has been updated to say stockpiles that have been in place 180 days will be seeded with the Weld County Sandy Site Seed Mix below: Page 3 Mr. Peter Hays February 1St, 2022 Weld County - Sandy Site Mix Bluestem (Champ, Chet) 1.00 lbs pls/acre Sand Lovegrass (Bend, Native, Ne27) 2.50 lbs pls/acre Indian Ricegrass (Nezpar, Rimrock) 3.00 lbs pls/acre Prairie Sandreed (Goshen) 0.75 lbs pls/acre Green Needlegrass (Lodorm) 1.50 lbs plslacre Little bluestem (Blaze, Cimarron, Camper) 0.75 lbs pls/acre Yellow Indiangrass (Cheyenne, Holt, Scout) 0.50 lbs pls/acre Switchgrass (Blackwell, Nebraska 28) 1.50 lbs pls/acre Sand Dropseed 0.50 lbs pls/acre Total: 12.00 pounds pls/acre 10. On Page 2 of Exhibit E, the Applicant states the reclaimed slopes in the water storage reservoir will not be steeper than a 3:1 ratio and will be reclaimed at a 4:1 ratio for the slurry wall lined cells mined at 1.5:1. Please explain the earthmoving processes to backfill and compact the slopes mined at the 1.5:1 slope to the reclaimed 4:1 slope. Bedrock will be excavated from the bottom of the pit and mixed with any left -over material inside the pit. A representative sample of the fill material will be analyzed for shear strength and optimal moisture content prior to backfilling the slope. Experience with previous reclamation slopes in the area using regional claystone has shown that a 4:1 ratio slope is stable with a mixture of claystone and left -over gravel. The material will be worked to the optimal moisture content as determined by Proctor compaction tests and placed back in to the slope at no more than one foot lifts. The lifts will be compacted with a sheepsfoot roller to tie lifts together. 11. On Page 5 of Exhibit E, the Applicant states to refer to the Reclamation Plan Map (Exhibit F) fora description of the size and location of each area to be reclaimed during each phase. Please update the Exhibit F map to indicate the acreages for each mining cell phase. 6.4.5 Acreages for each phase has been included on the Exhibit F map. Exhibit F - Reclamation Plan Map 12. Rule 6.2.1(2)(b) requires maps be signed by a registered land surveyor, professional engineer, or other qualified person. Please submit signed copies of the Exhibit F map. See attached signed Exhibit F. 13. The Applicant informed the Division the oil and gas well located in the northeast corner of Cell 6 was abandoned and the well peninsula will be included in the Mining Plan. Please provide a revised copy of Exhibit F-1 indicating the revised reclamation plan for the cell. See the attached revised Exhibit F. 6.4.6 Exhibit G - Water Information 14. On Page 1 of Exhibit G, the Applicant states stormwater collected in the active mine area will be managed through the dewatering system. Please provide a description of the design and operation of the dewatering system for the proposed mine site. Dewatering will be accomplished by Page 4 Mr. Peter Hays February 1St, 2022 digging a sump, generally along the base of the mine slope, which will hold a floating pump. The pump will have an HDPE discharge line that will be routed to one of the comingled discharge points located at the site. The pump will be powered by a diesel generator housed in the active mine area. The Operator will apply for and receive a comingled stormwater and process water discharge permit prior to dewatering at the site. 15. The Applicant stated in the requested documents submittal received on March 25, 2022 they would provide a groundwater mounding and shadow model to forecast the groundwater conditions after slurry wall construction. Please provide a copy of the report when available for the Division's review. Red Tierra has contracted Civil Resources, LLC to complete a groundwater mounding and shadow model to forecast the groundwater conditions after slurry wall construction. Red Tierra will complete the groundwater model and providing the results for review to the Division prior to any slurry wall construction. 16. Rule 6.2.1(2)(6) requires maps be signed by a registered land surveyor, professional engineer, or other qualified person. Please submit signed copies of the Exhibit G map. 6.4.12 All maps have been signed. Exhibit L - Reclamation Costs 17. The Division reviewed and will accept the Applicant's reclamation cost estimate in the amount of $5,399,349.71. The Division recommends the amount is rounded to the nearest whole dollar amount of $5,399,350.00 Exhibit L has been rounded to the nearest whole number. 6.4.13 Exhibit M - Other Permit and Licenses 18. Please commit to providing copies of all required and approved permits and licenses to the Division when available. Red Tierra will provide copies of all required and approved permits and licenses to the Division when available. 6.4.16 Exhibit P - Municipalities Within Two Miles 19. Please update Exhibit P to include the Town of Milliken and the Town of Platteville which are located within two miles of the proposed mine site. 6.4.18 See attached updated Exhibit P. Exhibit R - Proof of Filing with County Clerk and Recorder 20. Please provide an affidavit or receipt indicating the date on which the revised application information required to address this adequacy letter was placed with the Weld County Clerk and Recorder for public review, pursuant to Subparagraph 1.6.2(1)(c). 6.4.19 See attached email confirmation from Weld County. Exhibit S - Permanent Man-made Structures Where the affected lands are within two hundred (200) feet of any significant, valuable and permanent man-made structures, the Applicant may either: a. provide a notarized agreement between the Applicant and the person(s) having an interest in the structure, that the Applicant is to provide compensation for any damage to the structure; orb. where such an agreement cannot be reached, the Applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by Page 5 Mr. Peter Hays February 1St, 2022 activities occurring at the mining operation; or c. where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility. The Division will require the Applicant to demonstrate they attempted to obtain notarized structure agreements with all owners of the structures within 200 feet of the affected area of the proposed mine site, pursuant to Rule 6.4.19, prior to the Division's consideration of a stability analysis. 21. The Division did not receive proof of notification for the following permanent man-made structures owners within 200 feet of the boundary of the affected land as identified on the Exhibit C-3 map. Please provide proof of notification for the following owners of record: a. PDC Energy Inc. b. Noble Energy/Chevron c. Westem Mutual Ditch Co d. Farmers Independent Ditch Co e. Century Link f. Sunshare Community Solar See attached proof of notification for the listed structure owners, including for Cureton Energy which was missed on the map initially. 22. The Division received proof of notification for the following permanent man-made structures owners within 200 feet of the boundary of the affected land, however the structure owners were not identified on the Exhibit C-3 map. Please update the map to indicate the location of the structures. These were notices sent out to property owners within 200' not structure owners. a. Boney Macgillivray LLC (Located to south of site, was improperly labelled on map) b. James and Marilee Kissler (Located southeast corner of WCR 29 and WCR 44 & midsection line on WCR 29) c. Donald and Bonnie Deibel (Added to map, located between FIDCO ditch and WCR 29) d. Mack WCR 43 LLC (Additional owners of the southeast corner of the site) e. Zabka Farms (Additional owners of the northwest corner of the site) f Phyllis Nelson (Located north of WCR 44) g. Craig and Michelle Wiedman (Located northeast corner of WCR 44 and WCR 29 h. Street Farms Co (the name was difficult to read) Strear Farms located south of WCR 42. 23. Please provide the Division with copies of all signed structure agreements with the owners of permanent man-made structures within 200 feet the proposed affected area boundary. Copies of all returned structure agreements are included. 24. The Division received tracking information from the Applicant as proof of mailing a structure agreement to Xcel Energy. Please update the table on the Exhibit C-3 map to indicate Xcel Energy. Xcel Energy has been indicated on Exhibit C-3 to show all the overhead electric lines. Page 6 Mr. Peter Hays February 1St, 2022 25. Please provide a copy of the generic structure agreement sent by the Applicant to the structure owners within 200 feet of the proposed affected area boundary for Division review. 6.5 Geotechnical Stability Exhibit See attached. 26. Please provide the XSTABL model data files in electronic format to allow the Division to verify the stability analysis using Clover Technology's Galena slope stability software. Included in the supporting documents zip folder emailed with this letter. 27. Please provide a map indicating the location of the three (3) typical cross -sections used by the Applicant in the stability analysis. 28. Please update the Exhibit C - Mining Plan Maps to indicate the required offsets from the gas lines and the slurry wall from the stability analysis results. I have included an Exhibit C-7 which includes the three typical cross -sections and the offsets from the slurry walls and gas lines. Please feel free to contact me with any questions or concerns at Kvlefoicivilresources.com or my cell number 408-930-2544. Regards, CIVIL RESOURCES, LLC Kyle Regan Project Geologist J:1United Water& San-1411Section 201DRMSICorrespondencelDRMSIAdequacylAdequacy Response 06022022.doc EXHIBIT A - LEGAL DESCRIPTION This information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.1 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: LEGAL DESCRIPTION SOUTHEAST QUARTER (SE1/4) OF SECTION TWENTY (20), TOWNSHIP FOUR (4) NORTH, RANGE SIXTY-SIX (66) WEST OF THE 6TH P.M. WELD COUNTY, COLORADO LESS AND EXCEPT LOT A, RECORDED EXEMPTION NO, 1057 -24 -4 -RE 1699 AND LESS AND EXCEPT LOT A, RECORDED EXEMPTION NO 1057 -24 -4 -RE 3000 COUNTY OF WELD, STATE OF COLORADO. PARCEL CONTAINS 6,812,586 SQ FT OR 156.40 AC MORE OR LESS LEGAL DESCRIPTION PARCEL 1: THE NORTHWEST QUARTER (NW1/4) OF SECTION TWENTY (20) AND THAT PART OF THE NORTHEAST QUARTER (NE1/4) OF SECTION TWENTY (20) LYING WEST OF THAT CERTAIN IRRIGATION LATERAL AS NOW CONSTRUCTED AND EXISTING ACROSS SAID LAND KNOWN AS THE BOB CHESTNUT DITCH, ALL IN TOWNSHIP FOUR (4) NORTH, RANGE SIXTY-SIX (66) WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, EXCEPTING THEREFROM A STRIP OF LAND 30 FEET WIDE OFF THE ENTIRE NORTH SIDE OF THE N1/2 OF THE NW1/4 IN DEED RECORDED MARCH 2, 1898 IN BOOK 130 AT PAGE 66, WELD COUNTY RECORDS, AND A STRIP OF LAND 40 FEET WIDE ALONG THE WEST SIDE OF THE NW1/4 IN DEED RECORDED MAY 25, 1938 IN BOOK 1026 AT PAGE 433, WELD COUNTY RECORDS. PARCEL CONTAINS 6,888,951 SQ FT OR 158.15 AC MORE OR LESS PARCEL 2: THE NE1/4 OF SECTION 20, TOWNSHIP 4 NORTH, RANGE 66 WEST OF THE 6TH P.M.; EXCEPT A TRACT OF LAND CONSISTING OF TWO ACRES, MORE OR LESS, LYING IN THE NORTHWEST CORNER OF THE NW1/4 OF THE NE1/4 OF SAID SECTION 20, BEING ALL THAT PART OF SAID NW1/4 OF SAID NE1/4, OF SAID SECTION 20, LYING NORTH AND WEST OF THAT CERTAIN IRRIGATION LATERAL CONSTRUCTED ACROSS SAID LAND KNOWN AS THE "BOB CHESTNUT DITCH", AND USED TO CARRY WATER ACROSS SAID LAND FROM THE CANAL OF THE WESTERN DITCH AND LAND COMPANY TO LANDS FORMERLY OWNED BY ROBERT S. CHESTNUT, AS CONVEYED TO SAMUEL D. GRIFFITH BY WARRANTY DEED RECORDED IN BOOK 1150 AT PAGE 369, COUNTY OF WELD, STATE OF COLORADO PARCEL CONTAINS 6,924,060 SQ FT OR 158.95 AC MORE OR LESS LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 4 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 20, WHENCE THE SOUTHWEST QUARTER CORNER OF SAID SECTION 20 LIES S 00°34'59" W A DISTANCE OF 2647.47, SAID LINE BEING THE BASIS OF BEARINGS; Section 20 — Gravel Mine — MLRB 112 Permit Amendment Application Exhibit A -1 THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 20 N 89°42'07" E, A DISTANCE OF 40.00' TO A POINT ON THE WEST RIGHT OF WAY FOR HIGHWAY 60, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE OF THE SOUTHWEST QUARTER N 89°42'07" E, A DISTANCE OF 2,632.31', TO THE CENTER QUARTER CORNER OF SAID SECTION 20; THENCE ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 20 S 00°33'36" E, A DISTANCE OF 2,615.59' TO A POINT ON THE NORTH RIGHT OF WAY LINE FOR COUNTY ROAD 42; THENCE ALONG SAID NORTH RIGHT OF WAY LINE S 89°39'42" W, A DISTANCE OF 2,631.25' TO A POINT ON THE WEST RIGHT OF WAY FOR HIGHWAY 60; THENCE ALONG SAID WEST RIGHT OF WAY N 00°34'59" W, A DISTANCE OF 2,617.44' TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 158.08 ACRES. MINING PERMIT BOUNDARY SEE COVER SHEET OF DRMS PLANS (ATTACHED) MINING ENTRANCE UTM Datum NAD 83 Zone 13 Easting: 516070.00 Northing: 4460826.00 Section 20 — Gravel Mine — MLRB 112 Permit Amendment Application Exhibit A - 2 ua �B I I I I I I 1 I a I it r I I I I I I I O we(O COUNTY RC4O 44 a a a a a a a a a a a a a a a a Ats I / AIQVWFOMWC , SELL ( i I 0 r O NONAORNC ? �,„ weft 2 ;K/ i 1 N wI MONiIORINC wfLL 6 i wf t i 6 ,./NIY Ra4O 42 n 1 1 / r 8 e • VIC E aaNee ally, s NM MIN 145 r ( / Etc =a�3.a_ 1 4,• MONiTORMC SILL .5 l C i I J 4 1I 1. Fict i, It ` (8 , I 1 Co' l 11 wrl -11 4 044//A9mNC wet( 4 A,cm,rOR,NC we(( 5 I • 1 • 1 I 0o kc 0 0 LEGEND O PLUGGED ANO ABANDONED OIL/GAS WELL Q PRO0UC7NG OIL/GAS WELL IN a • PERMIT BOUNDARY NOTES 1. THIS MAP HAS BEEN PREPARED TO SATISFY RULE 6.4,3 EXHIBIT C SUBSECTIONS C, D, AND E 2. TYPE OF VEGETATION IS FLOOD IRRIGATED CROPS OF CORN. WHEAT AND ASSORTED VEGETABLES, AND AREAS OF FALLOW AND UNVEGETATED GROUND (YARD AREAS, OIL AND GAS PADS). PREPARED UNDER THE SUPERVISION OF NAME Kyle S. Rayon P.G. DATE QUALIFIED AS A PROFESSIONAL GEOLOGIST AS DEFINED BY COLORADO STATUTE. rD tTn 0 >0 300 (uPr Kano *bats below. Call before you dig. c Ivii RF.SIURCFS 323 5th STREET P.O. Box 680 FREDERICK, CO 80530 303.833.1416 WWW.CIVII RESOURCES.COM RED TIERRA EQUITIES r701 E PRENTICE AVE • 120 GREENWOO0 VILLAGE. CO SC111 IL'I. 171 1005(0) CONTACT DREW GAMIANO SECTION 20 DRMS 112 RECLAMATION PERMIT GILCREST, COLORADO REVISIONS NO DESCRIPTION DATE DESIGNED BY kb_ DRAWN BY CHECKED BY &ti JOB NO. ]41.001.(4 DATE 911312(21 SCALERS NOTED AS NOTED DWG NAMEGIL.C*EST•AREA•GEOL.OGY.DWG PRE -MINING MAP EXHIBIT C-1 PARca 7057780900936 00IV/R NS LAND & CATTLE LLC (A/.Y/L 1O5/191fLAOJ /WNLK rn (AND tr TATTLE LLC N l PARCEL 105779100004 OWNER• NS LANO & CAME LLC PARCEL' 105779700001 04MW.. NS two a CAME LW PARCEL 10571900019 ;IOWA' .9,O"c^ HAPOCAT.K.' PARCEL, 105779000013 OwMER NS LAND d CAME LW PARCEL' /05710107041 OWMW CCOCO 1 1 1 1 1 1 1 1 PARCEL 7057/7X0001 OWR(R K74VFSOM PARCEL 10571 730000 CwN1R RAND LL RNU 'SCN PARCEL 705 717400a:3 L/IYNER NELSON a Iaa— ONO MI —m E t•EMBa aaMO Ell MaaNMI na n inaaa��-tea CR PIS PER NIT BOUNDARY AWCEL' 70572 X,L'1075 IA6tu FARMS AK' SECTION IL MINE s- A►a0aa1a as PARCEL 105729200035 OWNER LAUREN SHARP 1 PARCEL 105719XOW OWNER TERRY wit-COHN AWRCfI. 70519700077 OWNER TERRY wiEDEMAN PARCEL 105719200036 OWNER TERRY W(0064.5/ a MB ON PARCEL. 105710X0019 MAC" NCR 4J LLC PARCEL /05720GYX.10/5 OWNER JUL /E HAROLNG &WM: 1057790000.75 aa(Y .WCC LNRAY LLC PARCEL. 705729000026 OWNEROL4NE CL/NE PARCEL. 705710000018 OWNER A/OW& PATRCGE PARCEL /05729/0000/ OWNER WELD COUNTY PARCEL: 105729/00091 OWNER SMEAR FARMS CO PARCEL /057174001+ • OwMER RECAW SAC/.. I-Wa t /O5%1 4 OWNER KQWNA A 1 1., :uo.0 PARCEL 105717000077 OWNER 00(./01AS SCHwDT PARCEL 105716009037 00•NER tfOMWO SUITS PARCEL 105716309001 OstI ER CR4/C wEDENA% 20C OFFSET FROM PERMIT LINE OftwER MIRAff PARCEL 10571110 0.34 K/SSL ER PARCEL /0571110007! OWNER ROSSEL L KISSLER PARCEL. /05711090014 ' OWNER 01 vD wOOC KRTON PARCEL. '0572/300027 OWNER ALAR4 IT KISSLER PARCEL. 105711300016 OWNER' I FIGHTON WYSCAVER PARCEL 105711309031 OWNER ROBERT KERN I-WCEL 10571/30034 *NCR PAMELA RAAV60( 1 PARCEL. 10571/000013 DONALD MO BONNE 00941 PARCEL. 705718000007 !AMC( AND TERRY w51-0Easwe o uo Poo 7117) Know what's below. Call before you lily. I4 IL RESIUR(,l S 323 5th STREET P.O. Box 68C FREDERICK, CO 80530 303.833.1416 W W W.CIVI LRESOURCES.COM RED TIERRA EQUITIES, LLC 9101 E PRENTICE AVE +110 GREENWOOD VILLAGE. CO $0111 103.771. ICOS CE DREW DAPI IANO SECTION 20 DRMS APPLICATION GILCREST, COLORADO REVISIONS b0 DESCRIPTION DATE DESIGNEE BY DRAWN IY CnECREC BY DATE OS/11LiC71 SCALERS NOTED AS NOTED ;O$ NO. 329.CDI.C1 DWG NAME ?L4lYI:a-wor 4Kr rK I:P i PROPERTIES WITHIN 2001 EXHIBIT C-2 LYE STERN MuIGAL DITCH LATERAL - CENTURY LINK 74 7711 -12751511C — /At I i JPOC ENERGY INC TANKS AND FLARE STACK 1 I 1 I POC ENERGY Inc O4/GAS *fit M4RLSA /1 AAON,TOR/NC *ELL I KCEL (NERCr 0MRCCAO (i(CABC LNE RANOALL KNUTSON IRRK.A I.qV PNDI *2 D COUNTY ROAD 44 a a MN la= Ile MIS — a MIMI= I= Iantrum, L.WK FIBER OPTIC V KC£! 7 III ENERGY OvWRnCAO ELECTRIC LINE 1 1 IINS LAND ANO CAINE OPWEWAr r 1C$CwD WATER LW( (1 LX'A DON APPEROK/ANFE) CENTURY LANK FIBER LOPTC [NE MOVI/ORWC *ELL 1 WA TfR P/PE[INE RANOALL KNUTSOV (4OCANON APPOA/MAT() ID -/ PAC ENERGY INC Of/GAS 'SELL KERBS /1-1O PVC ENERGY FLARE STACK POC ENERGY INC O4 CAS WELL ?ABKA K /)0-10 BRADY SN4RP GARAGE DCP 4eO5ThEAA CAS GALE SUVSnARE -� SLKAV FARM LS! IS 4 i RANCALL RM175UN ARRGAION POND NC7a E ENERO r .WC TANKS AND, FLARE STACK a a M ti a OCP WOSTRCAV C.A5 ONE POC ENERGY TMKS COVCRuFE MICR RANfNL I KNUTSLW PDC ENERGY INC OL/GAS *fL[ SPARROW AMOCO /1J -1O l untie GMN/NO NIAI(R [WE RAN04L KNUTSOV (LOC.ATKAV A/PROXAIU/E) PLY ENCRGr ANC -/ID O4/CAS *ELL SPARROW /14-1O rA/OVFO4,NC WELL 6 ..ANICE NF(OEMAN "'Owe J PC ENERCr NC TANKS AND FLARE STACK TERRY rYOA/E KCEL EnERCr OWRriEAD ELECTRIC L,NE NOOIE ENERGY NC OYL/ads *fa /A61cA K /70- F8 MOMIORINC *ILL 1 POC ENERGY TANK AND FLARE STACK a -- NIP alM NOBLE ENERGY IANKS AND FLARE STACK PoC ENERGY NC TANKS AND FLAK STACK CUR(TOV CA5 OAt (FORMERS Y AKA ENERGY) CLNCREIE MICR LATERAL POC (MfRCr NC OA/GAS WELL ACCLfLLAN /JJ-1O LXALN OUT BUKONCS FARMERS IND(PEADENI MICn LA FERAL 1 NOME ENERGY /NC Olt/CAS *fa BABA K /10-8 KCEL ENERGY OvfRREA0 EL(CIRC Inc COR(TON GAS LINE (FORMERLY AKA (AEAGr) P0C ENERGY INC TANKS AND FLARE STACK l I o10 WELD CouNlr RO40 47 ORRIS PERWI BLY/Np1Rr fi a a OCR MAOSTRENv CAS L NAr CLEANObI NOBLE ENERGY INC J O4/WS SELL /A9C4 K /11-)! AGNVIORTNG *ELL J JUANITA SCHANO/ HAVE -I1 " 1 i i 1 1 1 1 1 rR (71 Ur} I col 1 KCEL ENERGY owmtAO ELECTRIC LAVE CEN2Rr LAVA' - IOW CRTC IN( YAW /GIRNG WELL 4 CNCWD WATER L/NE OC4TICW APPROKAW If) PM TRKX.E ROM( AND OcT dit DNG5 r nWONG ROVE r KCEL ENERGY ova -RI -CAD fL(CTRK' [NC T- MOV,IO WC *fa [ 5 MI MI CNCNO WATER L/NE (LOO IRON APPROKAIN If) 4//CnHEL CL/NE - 'au AND SHOP I 11 1�I 11 , IARMERS INDEPENDENT DITCH KAREN Sian motif AND BARN 107" FROM ORA/S PERM/ 8OuNOAIRT PLY ENERGY RAC TANKS AND FLAK STAG CORINNE KISSLER ROVE AND GARAGE 04640 sca VERTQV HOME AND GARAGE WESIEMV whit MICn NEI SHANDY NOME RGGRT KERN 1 Now BEN RAAN61i S/IOo LEGEND FROCUCING Olt/GAS WELL In PERMIT BOUNDARY PREPARED UNDER THE SUPERVISION OF NAME (7N S. Regan P.G. DATE QUALIFIED AS A PROFESSIONAL GEOLOGIST AS DEFINED IY COLORADO STATUTE. NOTES 1. THIS MAP HAS BEEN PREPARED TO SATISFY RULE 6.4.3 EXHIBIT C SUBSECTIONS B AND G. SIRUCIuR( ONAYERS WPM 100 FEET Or AITEC/EO LAND / POC ENERGY AC • OCR MAOSTRI;AM LLC 1 NOBLE (AERCr/Cn(MR'YV • MELD COCNIY PA&IC IFCWKS S COOT 6 1RANDALL .MAYO( KNUISON J HENS or Rams *ENcn1 8 DOUGLAS AND JLMNIIA SC/Av,DI 9. LfON4QO AND KAREN SANS 10 COW/.ME AND RUSSELL KISSL(R r/ KAFMCNE AND CIA*O RODE ItRION /7 'SES/ERN ANILAL PICK CO 13 NCR SI*IFCAV 14 RORT KERN /5 PAAR A AAD ERN RNNBCE 16 ANC/44(L AND OfflaiAN Al FROG( 1/ FARMERS NCEPEAVIEN/ CATCH CO 18 DIANE AND NC/ 4EI Clint 19 roof NARON,C 10 ((RRY AND JAN'(( SRC ANN 71 tM/HEN AND RRAOr S/5MW 77 NS LINO AAD CATTLE I//S N WNNMN SI DINAR CO 60703 6101O f [ArIOV Arf' SW( 900. OENWR. CO 6073/ 6OO/ BOl L.4M',ER CANYON ROAD SAN RAAN?y< CA 94563 1111 n SI GREEL(Y. CO 806.1 1O6O7 W loin SI GREELEY CO 60634 1349/ NCR 44, PA(TL1tLE, CO 8O671 lies, *CR 44 PUII(MELE CO 606/1 13989 /EC✓H*Mr 256, PLATTEIASLf, CO 00651 14OO9 *CR 44. PLA(If ttf. CO 6065! 7O5)1 *CR 79. PtAIIEkLL( CO 60651 204/6 *CR 19. PL4IIENLL(. CO 80651 /O BOK 18), LA Saar. CO 80645 7O1OO *CR 79, PtAILIttE, CO 80651 70746 *CR 79. PtAI(EMSL L', CO 80651 10078 NCR 7,. PtAIFEMSL& Co 8O651 13965 *CR 4), P ATIELttE, CO 60651 7756 77/n ATE, GREELEY,, CO 80614 1.5664 *CR 47. PIA IIEK[f, CO 8O651 1)177 *CR 42 PSA(l(It[E, CO 8O651 114.34 NCR 42, PAFIELQLE CO 8O651 1,3047 *CR 42, PLA(TENSLE, CO 8O65/ PO 8OK 166, CK CREST, CO 80671 7J MC/NNO KAR6OWSK, AND AS4NG4 BRAk 7O619 n.C/*SMr 6O, PIA TIEmet CO 8065? ) 4 CENTURY L NK 75 CNCNO 26 SLNVSN4RE COYU*AWly SOLAR ANN CFtRrL BOONO 124 W AA4CM.1fM SI FORT COSLNS CO 60574 77J5 IND Art- CR£ELEr,, CO 8O6J1 1/24 GKPW SI, XMCR CO 8O718 0 I IN Mr Know wears, below. Call before you dly. Ce**# CIVIL RES1Ukc 323 5th STREET P.O. Box 68C FREDERICK, CO 8053C 303.833.1416 W W W.CIV ILRE SOURCE S.COM RED TIERRA EQUITIES 8lCI t ►RENTICE AVE 4ILC LS E E N W 000 VILLAGE. CO SOW 707.771.1OCS(p) CONTACT DREW DAMIANO SECTION 20 112 RECLAMATION PERMIT S cc GILCREST, COLORADO REVISIONS NO DESCRIPTION DATE DESIGNED IV )LH DRAWN /Y SA_ CHECKED IY A10. 108 NO. IOI,COL04 DWG NAME GILCREST•AREA-GLOLOG/,OWC DATE VIN[OLI SCALE(1S NOTED AS NOTED STRUCTURES WITHIN 200' MAP S II ET EXHIBIT C-3 a. I I I I I I I O Aft CrY'NJr /TK(5 44 0 8 / 0 fiMalin1.5NM Ma aaaaaaa-ra=-- —��■ta — I, _ MOW//OR/NC *Vat r' a Ra I • M:^ MOMWR/NG Wilt 1 O AKJN/IORWG wf1L 6 e r TOTAL AFFECTED LANDS 631.58 ACRES (t/-) ❑o CI wfcO COudrr RO40 41 w a LION,WONG wilt 7 asa 1. a a fl MIN a U In Mg a— —EMI t 1 as 1 1 1 1 1 1 LEGEND S S S M NOTES PERMIT BOUNDARY SOIL TYPE SOIL TYPE BOUNDARY WATER TAIL! SURFACE ELEVATION CONTOUR 1. THIS MAP HAS BEEN PREPARED TO SATISFY RULE 6.4.3 EXHIBIT C SUBSECTIONS F ANC H. SOB UNIT I Fr,FNI1 (I) ALTVAN LOAM, C TO 1 PERCENT SLOPES V BRESSER SANDY LOAM, 0 TO 3 PERCENT SLOPES JULESBURG SANDY LOAM, 0 TO 1 PERCENT SLOPES JULESBURG SANDY LOAM, 1 TO 3 PERCENT SLOPES NUNN LOAM, 0 TO 1 PERCENT SLOPES VONA SANCY LOAM, 1 TO 3 PERCENT SLOPES PREPARED UNDER THE Su/ERVISION OF NAME Kyle S. Regan P.G. DATE QUALIFIED AS A PROFESSIONAL GEOLOGIST AS DEFINED BY COLORADO STATUTE. 0 •10 I 1k r[ni Kam wham below. Cali before yuu dty. 323 5th STREET P.O. Box 680 FREDERICK, CO 8CS3C 3C3.833.1416 WWW.CIVILRESOURCES.COM W.CIVILRESOURCES.COM RED TIERRA EQUITIES 5301 E PRENTICE AVE • 110 GREENWOOD VILLAGE, CO 50771 303.311.ICOS(PI CONTACT GREW DAMIANO SECTION 20 DRMS 112 RECLAMATION PERMIT GILCREST, COLORADO REVISIONS NO DESCRIPTION DATE : ESIGNED BY L.A.. DRAWN BY AA__ CHECKED BY BL' DATE 5(1)/1011 SCALERS NOTED AS NOTED :O$ NO. 393.001.04 W G N A+E GILCREST•AREA-GEOLOGY.OW GROUND WATER CONTOURS AND SOIL TYPES EXHIBIT C-4 COUa LEO PROCESS AND S1ORuw,P 1279 O/SCn44\ ( PCVNr BERM RDEN STOCK PILE DISCHARGE POINT 8 CELL 3 SLURRY WALL 6,977 t$ O I 6!• _� 6� _la a aet CR-44 I-` 61sIIIIII MEWS& IM MN IM mo me min_ 66■ a IMO JO. 00 CO ok CELL 1 FRESH WATER POND APPROX ACRES TO 6E INCLUDED IN O 2C MIN LL7 1 ASE 1 1 1 CELL 2 SILT POND APPROX 35 ACRES FUTURE MINE AREA TO BE INCLUDED IN CELL 6 (AFTER SOLAR ARRAY REMOVAL) ❑0 0 Jo kr, O• 75.00 0 1 I I 1.1 s DUI L 00 O 1O O c • •r a (S Pr KeM1 whets Sloe Call MIMs •s SECTION 20 PHASNG TOlfl Of YEARS TO MINE CELL I PHME SLURRY WKL CURT* NIEASW? 04 Cal 1FWP NA 1,4 CEU 2 SP NA 05 1 05 04 CE 348.060 ia3315 8 t 01 3 2 4 CELL 4 31 3021,8 0-0 1 I 05 2 218.1531 682.000 3 6 CELL 5S 11 NA 09 1 - -i 1 09 08 4 13 2 40 CELL 631 965.300 1 231180 08 2 11 3 0.8 4 1 CELL73s 09 1 08 ; ..____ ' 5 4 14 0.183.1 186,700 0.8 1 0 2 20 0 YEARS TOTAL NOTES 1. VOLUMES ASSUMES MINING AT A 3 1 MINE SLOPE. 2. YEARS TO MINE FOR EACH PHASE ASSUME AN AVERAGE MINING RATE OF 2,000.000 TONS OF AGGREGATE PER YEAR AND 13 TONS OF AGGREGATE PER CUBIC YARD. 7. SLURRY WALL CURTAIN AREAS ASSUME THAT ADJACENT CELLS WILL SHARE ONE DIVIDING SLURRY WALL. SLURRY WALL CURTAIN AREAS ASSUME THE FOLLOWING AVERAGE DEPTH TO BEDROCK - CELL 3 SO' - CELL 4. SS' - CELLS 5S' ALONG WESTERN QUARTER. BC ALONG SOUTHERN HALF -CELLS SS' - CELL 7 SS' -CELL• SO' ►.}may } II IJ SLURRY WALL ALHikJMtNT t F INCH GAS UNE INCH 4AS LINE INCH GAB UN! O 4 INCH lAi LINE G U INCH OAS LINE x INCH GA% LINE PREPARED UNDER THE SUPERVISION OF NAME Kyle S. Ragan P.G. DATE QUAUFIED AS A PROFESSIONAL GEOLOGIST AS DEFINED BY COLORADO STATUTE. l.1\11 RI SNP( 323 5th STREET P.O. Box 68C FREDERICK, CO SC530 3C3.833.1416 W W W.CIV 1LRESOURCES.COM RED TIERRA EQUITIES, LLC 1301 E ►RENTICE AVE P 120 GREENWOOD VILLAGE, CO 10111 303.771.10C S IN CONTACT DREW DAMIANO SECTION 20 DRMS 112 RECLAMATION PERMIT GILCREST, COLORADO REVISIONS NO DESCRIPTION DAII DESIGNED BY JILL DRAWN BY a_ CHECKED Br Rail. JOB NO. 101001.04 DATE 1116/1011 SCAIEAS NOTED AS NOTED :MEG NAME GILCREST-AREA-GEOLOGY,DW.1 MINE PLAN AND TIMELINE SHEET EXHIBIT C-5 00 0 8 a O 2L MIN. n CCNPAca° PAt7CES5 moo srossmaw oisadivace POW7 OVER SU WEN STOCKPILE CELL 2 CR�a aeaeINMMEa1a1NM■ FUTURE MINE AREA TO BE INCLUDED IN CELL 6 (AFTER SOLAR ARRAY REMOVAL) aaQs =mamas timouta O E 1 a e I I 0 ❑ r, u — a — Mann _a—a-aa—a a-- as l aa—a -afte bY0O 40 ' TOPSOIL --�� r - 15.00 STOCKPILE CELL 7 1-P O. c.cyi7♦. e f ♦. (lost Clan, els is i 1 1 1 I 1 1 1 1 1 1 1 Li 0 O ypCin O 0 w loo I m MI1 s van below. Call belay you dig. HINE SLOPE I 3 EXISTING SLURRY WALL TYPICAL MINE SECTION 0 C 0 BEDROCK PREPARED UNDER THE SUPERVISION OF 9.•_' i .. NAME KEN S. Rogan P.G. DATE QUALIFIED AS A PROFESSIONAL GEOLOGIST AS DEFINED BY COLORADO STATUTE. I II REVitt; kCES 323 5th STREET P.O. Box 680 FREDERICK, CO 80530 303.833.1416 MIW W.CIV ILRESOURCES.COM RED TIERRA EQUITIES, LLC 6301 t PRENTICE AVE *120 GREENWOOD VILLAGE, CO R0111 707.221.1005 (p) CONTACT: DREW DAILIANO SECTION 20 DRMS 112 RECLAMATION PERMIT GILCREST, COLORADO REVISIONS NO DESCRIPTION DATE DESIGNED EY JLIt_ DRAWN BY: JUL CHECKED IV• nit JOB NO.. 303.OOL07 DWG NAME =CREST -AREA -GEOLOGY -CAW DATE. 6/16/2021 SCALI AS NOTED AS NOTED MINE PLAN STOCK PILE LOCATIONS SHEET EXHIBIT C-6 CQA/MWCWO PROCESS AND STOWAMMTER DUSCtv4ccf PONT OVERBURDEN STOCKPILE CELL2 8811• CELL 2 PHASE 1 • CELL 1 PHASE 1 IIu*Irn.IIXIuI.I TOPSOIL I STOCKPILE CELL2 CELL 8 PHASE 1 �I�I�II IIRlII'1�I p1Yiv IMImm\I maims • • • • • • • • CELL 2 PHASE --a.-- _ - craw CPAn PROPOSED MOVED GAS LINE CELL 6 PHASE 1 2CMIN. CELL 6 PHASE 3 OVERBURDEN STOCKPILE CELL 6 CELL 2 PHASE 7 CELL 6 PHASE 2 CELL 6 PHASE 4 FUTURE MINE AREA TO BE INCLUDED IN CELL 6 (AFTER SOLAR ARRAY REMOVAL; TOPSOIL STOCKPILE CELL 6 OVERBURDEN STOCKPILE CELL 7 TOPSOIL STOCKPILE CELL 7 CELL 4 PHASE I CELL 55 PHASE 1 CELL 55 PHASE 2 (Lisa vnn ('ills (la eta' la CELL 55 PHASE 3 CELL 4 PHASE 3 CELL SN PHASE 3 4770' 4760' 4750' 4740' 4730' 4720' 4710' 4700' 4690' 4680' 4780' 4770' 4760' 4750' 4740' 4730' 4720' 4710' 4700' 4690' 4680' [4670' n4660' 4650' 1.5-I MINE SLOPE 4770' 4760' 4750' 4740' 4730' 4720' 4710' 4700' 4690' 4680' 3+00 3+50 4+00 SLURRY WALL 4770' 4760' 4750' 4740' 4730' 4720' 4710' 4700' 4690' 4680' 1.5:1 MINE SLOPE /— EX GRADE 1.5-1 MINE SLOPE 0+00 0+50 1+00 1+50 2+00 2+50 3+00 3+50 SECTION - CELL 2 (SILTATION POND) ! a . IU 0+00 0+50 1+00 1+50 2+00 2+50 SECTION - CELL SS INTr EX GRADE 0+00 0+50 1+00 1+50 2+00 2+50 3+0C 3+50 4+0C SECTION - CELL 55 o » 10 A) 1 • INCH (.AS LINE 2 INCH GAS LINE 1 INCH $AS LINE 4 INCH VAS LINE 6 INCH Gus LINE 3 INCH GAS LINE 4770' 4760' 4750' 4740' 4730' 4720' 4710' 4700' 4690' 4680' 4780' 4770' 4760' 4750' 4740' 4730' 4720' 4710' 4700' 4690' 4680' 4670' 4660' 4650' PREPARED UNDER THE SUPERVISION Of NAME Kyle S. Rogan P.O. QUALIFIED AS A PROFESSIONAL GEOLOGIST AS DEFINED BY COLORADO STATUTE. C IVII RFSTPURT 323 Sth STREE T P.O. Box 680 FREDERICK, CO 80530 303.833.1416 WWW.CIVILRESOURCES.COM W.CIVILRESOURCES.COM RED TIERRA EQUITIES, LLC 9)01 E PRENTICE AVE '120 GREEDS/1000 VILLAGE. CO BC111 103.771.1005 (PI CONTACT DREW DAMIAN0 NO DESCRIPTION DATE DESIGNED BY ALIL DRAWN BY 1a_ CHECKED BY DATE 911672C21 SCALES NOTED AS NOTED )O6 No. )0).001.C4 CWG NAME GILCREST•AREA-GEOLOGT.DWC SLOPE STABILITY SECTIONS SHEET EXHIBIT C-7 EXHIBIT D — MINING PLAN The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.4 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: (a) Description of the method(s) of mining to be employed in each stage of the operation as related to any surface disturbance on affected lands; The permit area includes a significant deposit of sand and gravel located in the alluvium of the South Platte River in Weld County. The site is located south of Highway 66, west of Weld County Road 19, north of Weld County Road 28 and east of Weld County Road 17. It encompasses 6631.58 acres (plus or minus) and consists of seven slurry wall lined, and an unlined silt pond. Prior to starting construction of any slurry wall, a Technical Revision to update the site bonding will be applied for and will include the slurry wall design report. Site Preparation: Initial disturbance on the property will be stripping overburden in the eastern portion of Cell 8 to establish the plant footprint. Concurrently with establishing the plant, the first phase of the Fresh Water Pond and the first phase of the Siltation Pond will be stripped of overburden and mining will commence in these phases once the plant has been established. After the initial preparation of the Plant, Fresh Water Pond and Siltation Pond, the Concrete Batch Plant and Asphalt Plant areas will be established and constructed. Customer roads will be established from the entrance to the plant areas. The current house on the west side of the property will be utilized as the office and a shop will be constructed in the early phases of site development. A parking area for employees will be constructed adjacent to the office and shop area. Mining, Scrapers will strip the topsoil and overburden material from a given phase and place stockpiles in the processing area. Any excess material not needed for reclamation may be sold or hauled off -site during the life of the mine. There will be no mining below the groundwater table until the slurry wall is complete, tested and approved for each slurry wall lined cell. For unlined cells, there will be no mining below the groundwater table until an approved Substitute Water Supply Plan(SWSP) has been obtained. Each slurry wall lined phase will be dry -mined using scrapers, bulldozers, front-end loaders, excavators, or similar equipment. The Fresh Water Pond and Siltation Pond will be unlined an wet mined with excavators. Mining at the site will progress in eight major stages comprised of minor phases expected to last approximately one year. A map depicting the phases can be found in Exhibit C-5. Stage 1 - will establish the Aggregate Plant, the Siltation Pond, the Freshwater Pond, and will mine out the future commercial area in the south-west comer of the site. These areas, excluding the Aggregate Plant, will be wet mined with excavators. Stage 1 is expected to last approximately 2 years. Topsoil mined from phase one will be segregated and utilized to establish a berm along the north-western boundary of the site along Weld County Road 44 and Colorado State Highway Section 20 — Gravel Mine — MLRB 112 Permit Amendment Exhibit D -1 66. After the berm has been established the remaining segregated topsoil will be stockpiled in the northern portion of Cell 7. Overburden, clay and any other material that is uneconomical to sell will be stockpiled in the northern portion of Cell 7 to be used in Stage 2 slope reclamation: Stage 2 - will consist of mining out Cell 3 in the north-east corner of the site. Mining will be completed in three (3) year long phases and will progress from west to east. Cell 3 will be a slurry wall lined cell and will be dry mined. Topsoil from this stage will be segregated and stockpiled in the northern portion of Cell 7. In the initial phase, overburden will be stockpiled existing stockpile in Cell 7. Once the first phase has been completely mined out, reclamation will begin on that phase and overburden material from the other phases will be placed directly in the reclamation slopes or sold. Stage 3 — will consist of mining out Cell 4 and concurrently reclaiming Cell 3. Cell 4 contains three (3) approximately one (1) year phases. Cell 4 will be a slurry wall lined cell and will be dry mined. Topsoil from this stage will be segregate and stockpiled in the northern portion of Cell 7 as indicated on the map. Slope reclamation of the previous phases will be concurrent with mining. Overburden will be placed in the reclamation slope or stockpiled in the bottom of the pit next to the current reclamation phase. Excess overburden will be placed in the southwest corner of Cell 6 to fill in the future commercial area. Stage 4— will consist of mining out Cell 5 and concurrently reclaiming Cell 4. Cell 5 contains seven (7) approximately one (1) year phases. Cell 5 will be a slurry wall lined cell and will be dry mined. Topsoil from this stage will be segregate and stockpiled in the northern portion of Cell 7 as indicated on the map. Slope reclamation of the previous phases will be concurrent with mining. Overburden will be placed in the reclamation slope or stockpiled in the bottom of the pit next to the current reclamation phase. Stage 5 — will consist of mining out Cell 6 and concurrently reclaiming Cell 5. Cell 6 contains four (4) approximately one (1) year phases. Cell 6 will be a slurry wall lined cell and will be dry mined. Topsoil from this stage will be segregate and stockpiled in the western portion of Cell 2(Siltation Pit) to be utilized in reclamation of the sift pond back to native grade. Slope reclamation of the previous phases will be concurrent with mining. Overburden will be placed in the reclamation slope or stockpiled in the bottom of the pit next to the current reclamation phase. Any overburden not used in slope reclamation will be placed in the unused portion of Cell 2(Siltation Pond). Section 20 — Gravel Mine — MLRB 112 Permit Amendment Exhibit D - 2 Stage 6 — will consist of mining out Cell 7 and concurrently reclaiming Cell 6. Cell 7 contains four (2) approximately one (1) year phases. Cell 6 will be a slurry wall lined cell and will be dry mined. Topsoil from this stage will be segregate and stockpiled in the western portion of Cell 2(Siltation Pit) to be utilized in reclamation of the silt pond back to native grade. Slope reclamation of the previous phases will be concurrent with mining. Overburden will be placed in the reclamation slope or stockpiled in the bottom of the pit next to the current reclamation phase. Any overburden not used in slope reclamation will be placed in the unused portion of Cell 2(Siltation Pond). Stage 7 — the final stage will begin with mining out the aggregate under the Asphalt Plant, the Concrete Batch Plant and the office area. The last portion to be mined out will be the Aggregate Plant. Stage 7 will take approximately two (2) years and will establish Cell 8. Topsoil from this stage will be segregate and stockpiled in the western portion of Cell 2(Siltation Pit) to be utilized in reclamation of the silt pond back to native grade. Once mining is complete at the site, the topsoil berm will be mined and used in any areas needing topsoil for reclamation. Slope reclamation of the previous phases will be concurrent with mining. Overburden will be placed in the reclamation slope or stockpiled in the bottom of the pit next to the current reclamation phase. Any overburden not used in slope reclamation will be placed in the unused portion of Cell 2(Siltation Pond). The operator will develop and comply with a Stormwater Management Plan and Spill, Prevention, Control and Countermeasures Plan. The operator will notify the Division of Reclamation and Mine Safety and in the event of a reportable spill. Processing: The material will be dry screened or not screened at all and transported offsite by truck. The processing area will be located on the south side of the site in Cell 8. Import Material: The Operator may import material from and export material to other sites. The applicant is aware that in accordance with Rule 3.1.5(9) of the Construction Material Rules and Regulations, if any offsite material is used as backfill, a notarized letter will be submitted to the Division indicating the materials are inert. The applicant will supply such a letter to the Division if, at the time of Reclamation, the applicant intends to use off -site material as backfill. (b) Earthmoving; Topsoil and overburden will be stripped with scrapers or bulldozers and stockpiled in segregated piles at the edge of the active mine phase or as described above and shown in Figure C-6. Excavators, front-end loaders, and bulldozers will be used to excavate the material. Haul trucks will be utilized to transport the raw material from the active mine phase to the processing area. See Exhibit C-6 for a cross-section of side -slope mining; mining will take place at a 3 to 1 mine slope and reclaimed at a 3:1 reclamation slope. The Miner may, in the future, decide to mine at a 1.5 to 1 slope and reclaim with a 4:1 slope in which case the Section 20 — Gravel Mine — MLRB 112 Permit Amendment Exhibit D - 3 mine plan will be updated through the Technical Revision process. Since the Miner forsees this as a possibility, the slope stability analysis was conducted at the worst case scenario of a 1.5 to 1 mine slope. (c) All water diversions and impoundments; Storm water will be discharged per a CDPHE discharge permit. There are no planned diversions or impoundments of existing water bodies. A wash cycle for the aggregate processing area will be established using the freshwater pond as a source and the silt pond for return flow, with natural groundwater filtration between the source pond and the return pond. Any water consumed will be provided by the existing water rights associated with the property and/or a groundwater well with associated substitute water supply plan (see Exhibit G). (d) The size of area(s) to be worked at any one time. Each phase is approximately 25-30 acres in size. The Operator will mine multiple phases concurrently in order to obtain a range of material for production. In addition to mining, the Operator, will begin reclaiming slopes as mining is finished in each stage. Since multiple phases will be being worked at any one time, the approximate size of the areas to be worked at any one time will range from 25 acres to 120 acres and will depend on market conditions. (e) An approximate timetable to describe the mining operation. The timetable is for the purpose of establishing the relationship between mining and reclamation during the different phases of a mining operation. The Operator anticipates that mining will commence as soon as all permits are in place. The Operator anticipates extracting approximately 2,000,000 tons of aggregate in a typical year, up to 3,000,000 tons at peak capacity. Production rate will vary based on market demands. Section 20 — Gravel Mine — MLRB 112 Permit Amendment Exhibit D - 4 Timetable for Mining and Reclamation YEAR MINING AND RECLAMATION TIMETABLE MINING PHASE RECLAMATION PHASE CELL 1 CELL 2(PHASE 1) CELL 8(PHASE 1&2) OB 2 CELL 3(PH-1) CELL 3(PH-2) 4 CELL 3(PH-3) 5 CELL 4(PH-1) 6 CELL 4(PH-2) 7 to 8 : CELL 4(PH-3) CELL 2(PH-2) 9 CELL 5N(PH-1) CELL4(PH-3) 10 CELL 5N(PH-2) CELL 5N(PH-1) 11 CELL 5N(PH-3) CELL 5N(PH-2) 12 CELL 5S(PH-1) CELL 5N(PH-3) 13 CELL 5S(PH-2) CELLSS(PH-1) 14 CELL 5S(PH-3) CELL 5S(PH-2) 15-16 CELL 5S(PH-4) CELL 55(PH-3) CELL 2(PH 3) 17 CELL 6(PH-1) 18 CELL 6(PH-2) 19 CELL 6(PH-3) 20 CELL 6(PH-4) 21 ` CELL 7(PH-1) 22 CELL 7(PH-2) 23 CELL 8(PH-1)CS ONLY+ CELL 7(PH-2) 24 CELL 8(PH-2)CS ONLY+ Cell 8(PH-1) 25 Cell PH -2) CEL#» (PH -1) CELL 3(PH-2) CELL 3(PH-3) CELL 4(PH-1) CEL APH-2) CELL SS(PH-4) CELL 6(PH-1) CELL 6(PH-2) CELL 6(PH-3) CELL 6(PH-4) CELL 7(PH-1) (t) Use Mining Plan Map in conjunction with narrative to present: (i.) Nature, depth and thickness of the deposit and thickness and type of overburden to be removed Overburden consists mainly of silty fine grain sand transitioning to sandy silt Overburden thickness vaned across the site from non-existent in the southwest corner to 15 feet thick in the southeast. Section 20 - Gravel Mine — MLRB 112 Permit Amendment Exhibit D - 5 The aggregate reserves at the site consist mainly of gravelly sand which grades to sandy gravel, usually becoming more gravelly with depth. Some cobble units (grain size 4" or greater) were encountered at the site; mainly consisting of a few feet overlaying bedrock. Aggregate unit thickness vaned from 35 feet in BH-36 in the northern side of the site to 72.5 feet in BH-27 in the eastern side of the site. There is a large contiguous clay seam that encompasses almost the entire site. The clay seam varies from only 1 foot of thickness in the northwest to 23 feet of thickness in the southeast corner of the site. (ii.) Nature of the stratum immediately beneath the material to be mined in sedimentary deposits Depth to bedrock ranges from 39.5 feet in BH-38 in the northeast corner of the site to 97.5 feet in BH-41 in the southeast corner of the site. The bedrock encountered at the site consists of wet brown weathered claystone in the first 6 inches to 1 foot which transitioned in to moist to dry, olive to grey claystone with further depth. (g) Identify the primary and secondary commodities to be mined/extracted and describe the intended use. The primary commodities are sand, gravel and fill; intended for construction materials. (h) Name and describe the intended use of all expected incidental products to be mined/extracted by the proposed operation. Gold may be extracted as an adjunct component of any wash equipment installed at the site. (i) Specify if explosives will be used in conjunction with the mining (or reclamation) No explosive material will be used on -site. (j) 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 affected lands and permitted acreage. Affected land shall not include off -site roads which existed prior to the date on which notice was given or permit application was made to the office and which were constructed for purposes unrelated to the proposed mining operation and which will not be substantially upgrades to support the mining operation. Describe any assocated drainage and runoff conveyance structures to include sufficient information to evaluate structure sizing. The affected land and permitted acreage is inclusive of over one and one-half miles of land directly abutting public roadways; there is no need for any additional driveways, and on -site haul roads will be incidental to mining areas depicted on the Mining Plan Map. No roadways are affected by the mining operation other than access roads within the permit boundary and existing public roads to the site. The Operator will apply for a Weld County Access Permit for the site. Section 20 — Gravel Mine — MLRB 112 Permit Amendment Exhibit D - 6 EXHIBIT E — RECLAMATION PLAN This information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.5 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: The proposed mining and reclamation plan focuses on minimizing the ecological impacts of mining, minimizing the length of time of impact, and maximizing long-term benefits. (a) A description of the type(s) of reclamation the Operator proposes to achieve in the reclamation of the affected land, why each was chosen, the amount of acreage accorded to each, and a general discussion of methods of reclamation as related to the mechanics of earthmoving; The majority of the site (Cell 3 through Cell 8) will be reclaimed to lined water storage reservoirs due to a need within the county and state for water storage facilities. The mined area in the silt pond(approximately 30 acres) and the southwest corner of Cell 6(approximately 22 acres) may be backfilled and used as future commercial sites or may be converted to a water storage facility if economically feasible and sufficient void space exists at the completion of mining. Refer to Exhibit F for the acreages of each cell and additional details. Earthmoving Topsoil mined while establishing the plant sites and establishing the Fresh Water Pond and Siltation Pond will be placed in a berm along the north-west corner of the site. The bermed topsoil will be used in final reclamation of the siltation pond, the vegetated areas around Cell 8, and any other locations requiring topsoil during final reclamation. Topsoil mined in later phases will be placed in the topsoil stockpiles shown in Figure C-6. Topsoil from these stockpiles will be used to reclaim vegetated areas over the rest of the site. Topsoil may be replaced by a scraper or haul truck, excavator and bulldozer, and will generally be graded with a blade. All grading will be done in a manner that controls erosion and siltation of the affected lands, to protect areas outside the affected land from slides and other damage. Reclamation in each phase will begin as soon as mining in that phase is completed. Overburden and clay seam materials will be removed from mining phases and placed near reclamation phases or directly in the reclamation slope. If no reclamation phase is open, overburden and clay materials will be stockpiled in one of the stockpile locations shown in Figure C-5. All disturbed areas will be regraded and smoothed to a finished grade that is suitable for revegetation or the final land use. (b) A comparison of the proposed post -mining land use to other land uses in the vicinity and to adopted state and local land use plans and programs. The water storage reservoirs will be compatible with the other land uses in the vicinity, which includes farmland, industrial land, and rural residential. Municipal boundaries have Section 20— Gravel Mine — MLRB 112 Permit Application Exhibit E -1 approached the vicinity of the site and represent a growing need for both construction materials and water storage facilities. (c) A description of how the Reclamation Plan will be implemented to meet each applicable requirement of Section 3.1. The Operator will carry reclamation to completion with reasonable diligence. Each phase of reclamation will be generally completed within one to two years from completion of mining, but not more than five years from the date the Operator informs the Board or Office that final reclamation has commenced. Section 3.1.5 Reclamation Measures Material Handling: Grading will be performed to help control erosion and siltation of the affected lands through phased mining, implementing good operation techniques to handle material as little as possible, and vegetation of stockpiles remaining in place for more than 180 days with the Weld County Sandy Site seed mix: Weld County - Sandy Site Mix Bluestem (Champ, Chet) 1.00 lbs pls/acre Sand Lovegrass (Bend, Native, Ne27) 2.50 lbs plslacre Indian Ricegrass (Nezpar, Rimrock) 3.00 lbs pls/acre Prairie Sandreed (Goshen) 0.75 lbs pls/acre Green Needlegrass (Lodorm) 1.50 lbs pls/acre Little bluestem (Blaze, Cimarron, Camper) 0.75 lbs pls/acre Yellow Indiangrass (Cheyenne, Holt, Scout) 0.50 lbs plslacre Switchgrass (Blackwell, Nebraska 28) 1.50 lbs pls/acre Sand Dropseed 0.50 lbs plslacre Total: 12.00 pounds pls/acre Although the use of erosion protection devices is not anticipated, if deemed necessary by the operator at the time of excavation, silt fence, haybale dams or other erosion control devices will be installed. Backfilling and grading will be completed as soon as feasible after the mining process is complete for each phase. Maximum slopes and slope combinations will be compatible with the configuration of surrounding conditions and selected land use. Mining will occur at a slope that is stable. Reclaimed slopes in the water storage reservoir will not be steeper than a 3:1 ratio and will be reclaimed at a 4:1 ratio for the slurry wall lined cells mined at 1.5:1 ratio. The upland area will be reclaimed to grades consistent with pre -mining drainage pattems. The operator will backfill using fill material generated on -site, or imported inert fill generated outside the permit area. If any inert off -site material is used as backfill, a notarized letter will be submitted to the Division as required by Section 3.1.5(9) of the MLRB Construction Material Rules and Regulations. Section 20— Gravel Mine — MLRB 112 Permit Application Exhibit E - 2 It is not anticipated that mining will uncover any refuse or acid-forming or toxic producing materials, however if any such materials are encountered the operator will take precaution to handle the materials in a manner that will control unsightliness and protect the drainage system. Drill or auger holes that are part of the mining operation shall be plugged with non- combustible material, which shall prevent harmful or polluting drainage. Any test pits, soils boring holes, or monitoring wells not located within the mine excavation limits will be plugged as soon as it can be confirmed that they are no longer needed for the operation. Mined material to be disposed of within the affected area will be handled in such a manner to prevent any unauthorized release of pollutants to the surface drainage system. No unauthorized release of pollutants to groundwater shall occur from any materials mined, handled or disposed of within the permit area. Section 3.1.6 Water -General Requirements: The Operator will comply with applicable Colorado water laws governing injury to existing water rights and with applicable state and federal water quality and dredge and fill laws and regulations. The operator will develop and comply with a stormwater management plan and will use best management practices (BMPs) to ensure groundwater and surface water are protected to the greatest possible extent. BMPs include schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the pollution in runoff from the site. Section 3.1.7 Groundwater - Specific Requirements: The Operator will comply with the applicable standards and conditions for classified and unclassified groundwater. Section 3.1.8 Wildlife: The mining and reclamation plans have been designed to account for the safety and protection of wildlife on the mine site. The Operator will mine the site in phases and use concurrent reclamation methods to minimize the impact on wildlife. The proposed reclamation plan may improve wildlife habitat. The proposed seed mix and plantings will create improved cover, foraging, roosting, and nesting areas for wildlife. The water area within the reservoir will serve as habitat for waterfowl and other bird species and the fringes of the reservoir will be used by mammal, bird, reptile and amphibian species. Control and/or removal of noxious and weedy species during the project and the introduction of desirable graminoid, forb and potential woody species during reclamation will result in enhancement of wildlife habitat on the project site. Section 3.1.9 Topsoiling: Section 20— Gravel Mine — MLRB 112 Pennit Application Exhibit E - 3 Topsoil shall be removed and segregated from other spoil. Topsoil stockpiles shall be stored in places and configurations to minimize erosion and located in areas where disturbance by ongoing mining operations will be minimized. Once stockpiled, topsoil shall be re -handled as little as possible. Stockpiles that will remain in place for more than one growing season will receive vegetative cover. Section 3.1.10 Revegetation: In those areas where revegetation is part of the reclamation plan, the land shall be revegetated in a manner that establishes a diverse, effective, and long-lasting vegetative cover that is capable of self -regeneration without continued dependence on irrigation or fertilizer and is at least equal in extent of cover to the natural vegetation of the surrounding area. These areas are relatively minimal given the water development reclamation plan for the site. The proposed seed -mix and plantings for reclamation are outlined on the Reclamation Plan included in Exhibit F of this application. Section 3.1.11 Buildings and Structures: There are two existing homes located within the perimeter of the permit boundary. The house on the western edge of the property, off of Highway 66, will be utilized as an office. A shop may be built adjacent to the office. This area will be mined out in the final phase and will be incorporated into Cell 8. The home on the eastern boundary of the site will be dismantled and the area will be incorporated into Cell 4. An aggregate processing plant, a concrete batch plant and an asphalt plant will be located at the site during the duration of mining operations. These structures will be removed and the areas below mined out prior to final reclamation. The plant structures are shown on Figure C-6. Conveyors will be constructed at the site to move material from the cells to the processing plant. Section 3.1.12 Signs and Markers: The Operator will post appropriate signage at the entrance to the mine site. The permit area will be marked by fencing, or proximity to existing County roads. (d) Plans for topsoil segregation, preservation and replacement; for stabilization, compaction and grading of spoil; and for revegetation. Topsoil will be removed and segregated from other spoil. Topsoil not needed for reclamation may be sold or removed from the site. For reclamation, topsoil will be replaced by a scraper and generally graded with a blade. Grading shall be done in a manner that controls erosion and siltation of the affected land and protects areas outside the affected land from slides and other damage. In addition, backfilling and grading shall be completed as soon as feasible after the mining process. Section 20— Gravel Mine — MLRB 112 Permit Application Exhibit E - 4 Final grading will create a final topography that is appropriate for the final land use. For example, final grading of the reservoir above the high water line will replace material no steeper than 3:1 slope to meet the grade at the top of the banks. For cells mined at greater than a 3:1 slope, the slopes will be reclaimed at a 4:1 slope to meet existing grade. Topsoil will be uniformly placed and spread on areas disturbed by the mining, above the anticipated high water line. The minimum thickness shall be 6 inches above the surrounding finished grade. The topsoil shall be keyed to the underlying and surrounding material by the use of harrows, rollers or other equipment suitable for the purpose. In those areas where revegetation is part of the reclamation plan, the Operator will revegetate the land in such a manner to establish a diverse, effective, and long-lasting vegetative cover that is capable of self -regeneration without continued dependence on irrigation or fertilizer and is at least equal in extent of cover to the natural vegetation of the surrounding area. Seed will be drilled and mulched. The revegetation seeding and plant list on the Reclamation Plan Map contains the preferred species of grasses, shrubs and trees to be planted. Seeding will take place once final grading and replacement of topsoil have been completed for each phase. Timing of seeding will be consistent with standard horticultural practice for dryland applications - generally between late September and the middle of April to ensure there is adequate moisture for germination. (e) A plan or schedule indicating how and when reclamation will be implemented. Include: L An estimate of the periods of time which will be required for the various stages or phases of reclamation. Reclamation for any given stage of mining may take up to five years to allow for successful revegetation. Please refer to the Timetable for Mining and Reclamation in Section (e) of Exhibit D. ii. A description of the size and location of each area to be reclaimed during each phase. Please refer to the Reclamation Plan Map (Exhibit F). iii. Outlining the sequence in which each stage or phase of reclamation will be carried out. Please refer to the Timetable for Mining and Reclamation in Section (e) of Exhibit D. (I) A description of: i. Final grading — maximum anticipated slope gradient or expected ranges thereof; The finished slopes of the reservoir will be no steeper than 3:1 for slopes mined at a 3:1. If slopes were mined at a steeper slope, the slope will be reclaimed with a 4:1 clay liner. Section 20— Gravel Mine — MLRB 112 Permit Application Exhibit E - 5 ii. Seeding — types, mixtures, quantities and time of application; Please refer to the Reclamation Plan Map for the list of plant materials and seeds to be utilized. The operator will seed during the appropriate season to ensure adequate moisture for germination and implement weed controls to allow the grasses to successfully establish. Additional plantings may be installed once the reservoirs are full of water and the grasses are established. Hi. Fertilization — types, mixtures, quantities, and time of application; The type and application rate of fertilizer shall be determined based on a soil test at the time of final reclamation. iv. Revegetation — types of trees, shrubs, etc.; The site is historically flood irrigated farmland. The site will be revegetated with an upland grass seed mix in areas that are above the highwater line or are graded back to native grade. v. Topsoiling — specify anticipated minimum depth or range of depths for those areas where topsoil will be replaced. Topsoil will be uniformly placed and spread on all areas disturbed by the mining above the anticipated high water line and areas graded back to native grade. The minimum thickness shall be 6 inches above the surrounding finished grade. WEED MANAGEMENT PLAN Noxious weeds will be eradicated or managed within the Section 20 Gravel Mine operations areas. Noxious weed species to be managed are defined as those plant species currently identified by the Colorado State Department of Agriculture (CDA) as noxious under the Colorado Noxious Weed Act. Management efforts will be directed to those species identified under List A or List B by the CDA. List A species are required to be eradicated, while List B species will be controlled. The noxious species are not listed here as the list of noxious species changes regularly. The Colorado State Department of Agriculture maintains a list of noxious weed species on their web site (https://www.colorado.gov/pacific/agconservation/noxious-weed-species). The presence of noxious weeds will be monitored annually during the summer growing season at the Section 20 Gravel Mine site. Weed management measures will be undertaken where a single or combination of noxious weed species comprises or shows a deleterious effect to more than ten (10) percent of the live site vegetation. Further, where noxious weed species or plant pests constitute more than 25 percent relative vegetation cover in a contiguous area of 1000 square feet, the area will be identified as requiring weed management. Noxious weeds will be controlled by any combination of cultural, mechanical, biological or chemical measures. Weed control measures will be developed specifically for the noxious weed species encountered and in conjunction with the local county weed control district and/or the Colorado State Department of Agriculture. Weed control measures will be undertaken by trained and/or licensed (if required by law) personnel. Weed management control will initiate within two weeks of noxious weed identification at any operation, or as specified by the county weed control specialist. Section 20— Gravel Mine — MLRB 112 Permit Application Exhibit E - 6 Where noxious weed control measures cause elimination of vegetation at a revegetated site, seeding or planting of desirable replacement vegetation will occur during the first normal planting or seeding season after weed control measures have been implemented. Section 20— Gravel Mine — MLRB 112 Permit Application Exhibit E - 7 N4 it ovennwotn srocknlugcvl n[CUMna4N 166,b3 11 ft «3Larw3, c[LLN,ow,l 3ltbl ]]611 11 ll<(rx 1, 11 36 4F CILL3MIrN ct ff 1, ftLLarx 1, PH - cFLLi1Cw„ nuarw],Is oXlr 613,361 36469, ue,39i 9. us31rX ], Ilua.w91 w61 11 UL ♦ �.nlddoi'�iS�-lT • CIVIL RES,URCES M1 STMFEf PC Z_ Q f O O V w a Q Q d z N � O z a o w � U1 E El n n LWIOIL tuLe63_yr(Q_ ]l8uree RECLAMATION PLAN AND TIMELINE F-1 EXHIBIT L - RECLAMATION COST Activity Quantity Units Unit Costs Cost A. Processing area/Office/Shop (Equipment: Excavators, Dozers, Tractor, Water Truck) 1 Remove concrete pad for wash plant 15 CY $ 65.00 $ 975.00 2 Demolish and remove shcp 1 LS $ 2,000.00 $ 2,000.00 3 Remove concrete footings for office 8 CY $ 65.00 $ 520.00 4 Remove concrete base for scale 10 CY $ 65.00 $ 650.00 5 Scarify ground 7 Acres $ 150.00 $ 1,050.00 6 Spread 6" topsoil 5,650 CY $ 0.75 $ 4,237.50 7 Seed and Mulch _ 7 Acres $ 900.00 _ $ 6,300.00 Subtotal $ 15,732.50 B. Concrete Batch Plant. (Equipment: Excavator, Tractor, Dozer) 1 Remove 30'x50' pad for concrete batch plant 55 CY $ 65.00 $ 3,575.00 2 Scarify ground 2 Acres $ 150.00 $ 300.00 3 Spread 6" topsoil 1,613 CY $ 0.75 $ 1,209.75 4 Seed and Mulch _ 2 Acres $ 900.00 _ $ 1,800.00 Subtotal $ 6,884.75 C Asphalt Batch Plant. (Equipment: Excavator, Tractor, Dozer) 1 Remove concrete pad for lime silo 10 CY $ 65.00 $ 650.00 2 Remove footings for aggregate bins 6 CY $ 65.00 $ 390.00 3 Remove footings for drum mixer 20 CY $ 65.00 $ 1,300.00 4 Remove footings for loadout silo 20 CY $ 65.00 $ 1,300.00 5 Scarify ground 4 Acres $ 150.00 $ 525.00 6 Spread 6" topsoil 2,777 CY $ 0.75 $ 2,082.75 7 Seed and Mulch 4 _ Acres $ 900.00 $ 3,600.00 Subtotal $ 9,847.75 D. Freshwater and Silt Pond (Equipment: Excavators, Dozers, Scrapers, Water Truck) 1 Backfill Fresh Water Pond 10 acres, 60% recovery 350,000 CY $ 2.05 $ 717,500.00 2 Backfill Siltation Pond 10 acres open at one time, 60% recovery 402,000 CY $ 2.05 $ 824,100.00 3 Scarify Ground 20 Acres $ 150.00 $ 3,000.00 4 Spread 6" topsoil 16,000 CY $ 1.50 $ 24,000.00 5 Seed and Mulch 20 Acres $ 900.00 $ 18,000.00 Subtotal $ 1, 586, 600.00 E. Area Surrounding Lined Reservoirs (Equipment: Dozers, Scrapers, Water truck) 1 Scarify Ground 60 Acres $ 150.00 $ 9,000.00 2 Spread 6" topsoil 48,400 CY $ 1.50 $ 72,600.00 3 Seed and Mulch 60 Acres $ 900.00 $ 54,000.00 Subtotal $ 135,600.00 F. Slurry Wall @ 100% Installation Cost ($6.92 per SF) per DRMS Bonding Requirement. Assumes 611(North) and 52'(South) average depth (including 4' key into bedrock.) South slurry wall will not be constructed for more that 2 years. Equipment used- Excavators, Dozers, Scrapers, Water Truck Cell 3 Slurry Wall @100%, 6,977 linear feet of slurry wall approx 40' deep 524,000 SF $ 5.12 $ 2,682,880.00 _$ Subtotal $ 2,682,880.00 Total Disturbance Costs $ 4,437,545.00 Indirect Costs Overhead & Profit Performance Bond (2.02%) - Based on DRMS estimate $ 89,638.41 Performance Bond (3.07%) - Based on DRMS estimate $ 46,594.22 Job Superintendent (240 hours @ $75/hr) - Based on DRMS estimate $ 18,000.00 Contractor Mob and DeMob (3%) - Based on DRMS estimate not including slurry wall $ 52,639.95 Contractor Overhead and Profit (10%) - Based on DRMS estimate not including slurry wall $ 175,466.50 Subtotal $ 382,339.08 Contract Amount (direct + 0 & P) $ 4,819,884.08 Legal, Engineering & Project Management Financial warranty processing (legal/related costs) ($500) $ 500.00 Engineering Work and/or contract/bid preparation (4.25%) $ 204,845.07 Reclamation management and/or administration (5%) - Based on DRMS estimate $ 240,994.20 Contingency (3%) $ 133,126.35 Subtotal $ 579,465.63 Total Indirect Costs $ 961,804.71 Total Bond Amount $ 5,399,350 1 EXHIBIT P - MUNICIPALITIES WITHIN Two MILES The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.16 of the Colorado Mined Land Reclamation Board Construction Material Rules and regulations: List any municipalities within two miles of the proposed mining operation and address of the general office: The municipal boundary of the Town of Gilcrest is located within two miles of the permit area. Town of Gilcrest P.O. Box 128 Gilcrest, CO 80623 970-737-2426 The Town of Plattteville 400 Grand Avenue Platteville, CO 80651 970-785-2245 The Town of Milliken 1101 Broad Street, Milliken, CO 80543 970-587-4331 Nix —Gravel Mine — MLRB 112 Permit Amendment Application Exhibit P -1 U.S. Postal Service'*' CERTIFIED MAILS RECEIPT Domestic Mail Only rat *Avery information. visit out webisito at Wylie LISPS r (Jeri, witni Lied a n .. 7 r $3 1l rout liorvk:As Crea.9 tz* -lt to an n►. [� fenain Receipt rw-t-r i t Llnet WTI OAKS fiAa,_;Road t �' [J tension kiwi R.+aklard Darnt ! , D rdlat Month", n•ttuve•t ! 4 t ► - U L J 'chit Rfral, nt flntv,.1.0 norny $ 2158 27Th AVE U.S. Postal Service' CERTIFIED MAIL® RECEIPT Domestic Moll Only Cnrtfho►d IMal1 ree cat-, aria i t r -R t t ea r'r i Extra Servtcon A Pe ;c 4 t rcar. addled 4s O rwum flGcalrrt tha'dra tb) $ �� n f) t p MOAT ftecadpl fele tm+ie4 Corttt►.e Mel ACCod Delivery o yet Stynt rr Pequivi S Achy i rr'rn Rita C't eery $ I s crl_0ff !' _fink U.S. Postal Service' CERTIFIED MAIL® RECEIPT Domestic Mall Only 3 'ices & Fint:,rn noun- (tarYopY) iu&.;err kwaro totrern+r. o Cet:11V : Mai kostrega Wi'ef o klutz !ajrestaln Rovuko)i $ p Adult !...3natl nn9:nclod oeltveri S Posimark Hera U.S. Postal Services' CERTIFIED MAIL® RECEIPT Domestic Mall Only Denver Gesrtlhec t, z,t I ,AI 1 Lida f rjr: rr" t m a i�e� lUror� Ca. :el fee ,r ur, D fiatRoast, D opy) $ f��.;• [U Rattan Rena;/ trervonto S I:111 Li rJorrt twvl t,AJ tlttstrtr'ted Cater $ Ada t4y.altst Palused r; &44 ti atom nasinctal LIei.ery s Toj1Postage and Fees : L3.16 4241 .7r; $1 $1 6 ', beg C- ,IgPDBvx Fm delivery Information, viols our wshsltf at wWW,uOSI.00ttl 1 err D Return Receipt n,.F.f -;t 11 o IVtutn R«.Npftiactrenr4 o Cantnea µmf Rae vied heaven p AI.at 8tpnalunt flosiksd o MO ra0nattas flestr?ctad Many tl - Postage m 'Certified It:... rs o Postage N S are r-1 ni ties Ravine tat Instructions Vl' 01 _.1 I � 1 0ii 23/2022 An example Structure Agreement which meets the requirements of the Statutes is shown below. ************************************************************************************* Structure Agreement This letter has been provided to you as the owner of a structure on or within two hundred (200) feet of a proposed mine site. The State of Colorado, Division of Reclamation, Mining and Safety ("Division") requires that where a mining operation will adversely affect the stability of any significant, valuable and permanent man-made structure located within two hundred (200) feet of the affected land, the Applicant shall either: a) Provide a notarized agreement between the Applicant and the Person(s) having an interest in the structure, that the Applicant is to provide compensation for any damage to the structure; or b) Where such an agreement cannot be reached, the Applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or c) Where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility. ( Construction Materials Rule 6.3.12 and Rule 6.4.19 & Hard Rock/Metal Mining Rule 6.3.12 and Rule 6.4.20) The Colorado Mined Land Reclamation Board ("Board') has determined that this form, if properly executed, represents an agreement that complies with Construction Materials Rule 6.3.12(a), Rule 6.4.19(a), and C.R.S. ,¢ 34-32.5-115(4)(e) and with Hard Rock/Metal Mining Rule 6.3.12(a), Rule 6.4.20(a), and C.R.S. § 34-32-115(4)(d). This form is for the sole purpose of ensuring compliance with the Rules and Regulations and shall not make the Board or Division a necessary party to any private civil lawsuit to enforce the terms of the agreement or create any enforcement obligations in the Board or the Division. 1. 2. 3. 4. 5. The following structures are located on or within 200 feet of the proposed affected area: Gas lines (Please list additional structures on a separate page) CERTIFICATION The Applicant, Red Tierra Equities, L.L.C. (print applicant/company name), by Robert Lembke (print representative's name), as Manager (print representative's title), does hereby certify that Cureton Gilcrest, LLC _(structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Section 20 Gravel Mine (operation name), File Number M-2022.001 This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the Extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this form. NOTARY FOR PERMIT APPLICANT ACKNO r / Applicant ,� epresentative Name Tda s72r '4 L E "z e o , Date 1' 2 / 2� 'i-Z_ Title nefAM' STATE OF CO{ ay s Can ) ss. COUNTY OFADgpCl{rtce ) The foregoing was acknowledged before me this 210 day of 1ebuce_ j , 2022, by Rot t LerrO as t'Y1anar of Eett fYlrn cciu ► t t�S 1)vri/- Notary Public MARY BATES NOTARY PUBUC STATE OF COLORADO NOTARY ID 20204035078 My Commission Expires: October 07, 2024 My Commission Expires: 101712024 NOTARY FOR STRUCTURE OWNER ACKNOWLEGED BY: Structure Owner Date Name Title STATE OF COUNTY OF ) ss. } The foregoing was acknowledged before me this day of , 20_, by as of Notary Public My Commission Expires: DATE: COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources 1313 Sherman St. Room 215 Denver, CO 80203 RECEIVED MAR 0 4 2022 WELD COUNTY COMMISSIONERS NOTICE Consideration of 112c Construction Materials Reclamation Permit Application February 25, 2022 TO: Weld County Commissioners 915 10th St Greeley, CO 80631 RE: Section 20 Gravel Mine, File No. M-2022-001 Please be advised that on February 9, 2022, Red Tierra Equities, L.L.C., whose address and telephone number are 8301 East Prentice Avenue, Suite 120, Greenwood Village, CO 80111; (303) 771-1005, filed an application to conduct a(n) Surface mining and reclamation operation, at or near Section 20, Township 4N, Range 66W, 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) Developed water resources post -mining land use. The application decision date is scheduled for May 10, 2022. 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 at https://dnrweblink.state.co.us/drms/search.aspx by searching M2022001 in the "Permit No" field. A user guide is available to help first time users of the imaged document system and can be viewed at https://drive.google.com/file/d/118OUdf Mpjo3kxlHkP5hMH-w7MeStxX7/view. To be considered in the review process, comments or objections on the application must be submitted in writing within twenty (20) 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 Peter S. Hays at the Division of Reclamation, Mining and Safety, 1313 Sherman Street, Room 215, Denver, CO 80203, by telephone at 303-866-3567 x 8124, or by email at Peter.hays@state.co.us. M -AP -05A 1313 Sherman St. Room 215 Denver, CO 80203 P (303) 866-3567 F (303) 832-8106 https://drms.colorado.gov/ Jared Polls, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director CC: PL&P), Pt(,TK/ER/cH/GK) 3 /17/22 7ubi ;C- Rev;ew 31.21 122 2022- of 76 PvbUC Rear;ew O3/V-I /22 COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources 1313 Sherman St. Room 215 Denver, CO 80203 RECEIVED FEB 2 5 2022 WELD COUNTY COMMISSIONERS NOTICE Consideration of 111 Construction Materials Reclamation Permit Application DATE: February 17, 2022 TO: Weld County Commissioners 915 10th St Greeley, CO 80631 RE: Section 20 Mine, File No. M-2022-004 Please be advised that on February 17, 2022, Jalisco International, Inc., whose address and telephone number are 6663 Colorado Blvd, Commerce City, CO 80022; (303) 287-8905, filed an application to conduct a(n) Surface mining and reclamation operation, at or near Section 20, Township 4N, Range 66W, 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) Developed water resources post - mining land use. The application decision date is scheduled for March 4, 2022. 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 at https://dnrweblink.state.co.us/drms/search.aspx by searching M2022004 in the "Permit No" field. A user guide is available to help first time users of the imaged document system and can be viewed at https://drive.google.com/file/d/1180Udf Mpjo3kxIHkP5hMH-w7MeStxX7/view. To be considered in the review process, comments or objections on the application must be submitted in writing by 5:00pm on February 22, 2022. 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 Peter S. Hays at the Division of Reclamation, Mining and Safety, 1313 Sherman Street, Room 215, Denver, CO 80203, by telephone at 303-866-3567 x 8124, or by email at Peter.hays@state.co.us. M -AP -05A 1313 Sherman St. Room 215 Denver, CO 80203 P (303) 866-3567 F (303) 832-8106 Jared Polls, Governor I Dan Gibbs, Executive Director Cc :p .crr) PoJ(3M/ER/cH/cK) o3/to/= https: //d rms.colorado.gov/ I Virginia Brannon, Director 2o22-®ti76 S0 COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources 1313 Sherman St. Room 215 Denver, CO 80203 RECEIVED FEB 1 4 2022 WELD COUNTY COMMISSIONERS NOTICE Consideration of 112c Construction Materials Reclamation Permit Application DATE: February 9, 2022 TO: Weld County Commissioners 915 10th St Greeley, CO 80631 RE: Section 20 Gravel Mine, File No. M-2022-001 Please be advised that on February 9, 2022, Red Tierra Equities, L.L.C., whose address and telephone number are 8301 East Prentice Avenue, Suite 120, Greenwood Village, CO 80111; (303) 771-1005, filed an application to conduct a(n) Surface mining and reclamation operation, at or near Section 20, Township $N, Range 66W, 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) Developed water resources post -mining land use. The application decision date is scheduled for May 10, 2022. 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 at https://dnrweblink.state.co.us/drms/search.aspx by searching M2022001 in the "Permit No" field. A user guide is available to help first time users of the imaged document system and can be viewed at https://drive.google.com/file/d/118OUdf Mpjo3kxIHkP5hMH-w7MeStxX7/view. To be considered in the review process, comments or objections on the application must be submitted in writing within twenty (20) 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 Peter S. Hays at the Division of Reclamation, Mining and Safety, 1313 Sherman Street, Room 215, Denver, CO 80203, by telephone at 303-866-3567 x 8124, or by email at Peter.hays@state.co.us. M -AP -05A 1313 Sherman St. Room 215 Denver, CO 80203 P (303) 866-3567 F (303) 832-8106 https://drms.colorado.gov/ Jared Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director CC :P&.CTP), PWCTFUER/cH/GK) 02./I6/22 Pvbl;c ReV e1 02/23/22 2022 - OBI 76 PUBLIC NOTICE RECEIVED FEB 16 2022 WELD COUNTY COMMISSIONERS Red Tierra Equities, L.L.C.; 8301 East Prentice Avenue Suite 100, Greenwood Village, CO 80111, has filed an application for a Regular (112) Construction Materials Operation Reclamation Permit Amendment with the Colorado Mined Land Reclamation Board under provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials. The proposed mine site is known as the Section 20 Gravel Mine, and is located at Section 20, Township 4 North, Range 66 West, 6th Prime Meridian, in Weld County Colorado. The proposed date of commencement is late 2022, and the proposed date of completion is 2047. The proposed future use of the land is water storage. Additional information and tentative decision date may be obtained from the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866- 3567, or at the Weld County Clerk to the Board of County Commissioners; or the above named applicant. Comments must be in writing and must be received by the Division of Reclamation, Mining, and Safety by 4:00 p.m. on April 7th. 2022. (20th day after the 4th publication) Please contact Kyle Regan with Civil Resources at (303) 833.1416 ex. 210 (Kyle@civilresources.com) if you have any questions or comments regarding this application. Scheduled to be published in the Ft. Lupton Press February 24ro, March 3^d, March 10th, and March 17th, 2022. Mariah Higgins From: Sent: To: Subject: Attachments: Follow Up Flag: Flag Status: Kyle Regan<kyle@civilresources.com> Thursday, February 3, 2022 11:01 AM Mariah Higgins Jalisco International DRMS 111 Section 20 Mine clerk letter.pdf Follow up Flagged Caution: This email originated from outside of Weld County Government. Do not click links or sender and know the content is safe. Hi Mariah, open attachments unless you recognize the Please add the attached incompleteness response letter to the DRMS 111 application for the Section 20 mine by Jalisco International Inc. for public review. Thanks! Kyle Regan Civil Resources, LLC 8308 Colorado Blvd Suite 200 Firestone, CO 80504 Phone: (303) 833-1416 x210 www.civilresources.com 4: CIVIL RES'V&JRCES PvbVc Rev;e . 02/14/22 cc : PL(-rP), pw(SK /ER/cH /cK) o2/09/22 2022 -0135 1 CIVIL RES'1VURCES,LLC ENGINEERS & PLANNERS February 3rd, 2022 Mr. Peter Hays Division of Reclamation, Mining, and Safety 1313 Sherman Street, Room 215 Denver, Colorado 80203 RE: Jalisco International, Inc., Section 20 Mine, File No. M-2002-004, Incomplete Submittal of Construction Materials Special 111 Operation Reclamation Permit Application Package; Response Dear Mr. Hays: This letter is being generated to address the Incompleteness letter dated January 31st, 2022 for the Section 20 Gravel Mine Construction Materials Special 111 Operation Reclamation Permit Application Package. The italicized items are the current comment and the bold text are the responses: Mr. Regan: On January 26, 2022, the Division of Reclamation, Mining and Safety (Division/DRMS/Office) received the Construction Materials Special 111 Operation Reclamation Permit Application package for the Section 20 Mine, File No. M-2022-004. Preliminary review of the information received determined the following items must be received before the Division can consider the application as being submitted and technical review can begin: Application Form 1. The Division requires the application form list the exact company name registered with the Colorado Secretary of State office, "Jalisco International, Inc.". On Page 1, Item #1 of the application form, the Applicant lists the company name as "Jalisco International, Inc". Please revise the company name on Item #1 of the application form to indicate "Jalisco International, Inc.". This has been revised and included. 2. On Page 1, Item 3 of the application form, the Applicant fail to indicate the proposed permitted acres. Please revise Item 3 to indicate the total acreage for the 111 application. Total acreage has been revised to 29.92 acres. 3. The Division requires the application form list the exact company name registered with the Colorado Secretary of State office, "Jalisco International, Inc.". On Page 3, Item #11 of the application form, the Applicant lists the company name for the Applicant/Operator and Inspection Contact as "Jalisco International, Inc". Please revise the Applicant/Operator and Inspection Contact sections on Item #11 of the application form to indicate "Jalisco International, Inc.". This has been revised and included. 4. The Division requires the application form list the exact company name registered with the Colorado Secretary of State office, "Jalisco International, Inc.". On Page 8 of the application form, the Applicant lists company name in the Applicant/0perator or Company Name section of the application form as "Jalisco International, Inc". Please revise the company name in the 323 FIFTH STREET • P.O. Box 680 • FREDERICK, COLORADO 80530 • PHONE: 303.833.1416 • FAX: 303.833.2850 Page 2 Mr. Peter Hays February 1st, 2022 Applicant/Operator or Company Name section of the application form to indicate "Jalisco International, Inc.". This has been revised and included with this letter. 5. The Division requires the application form list the exact company name registered with the Colorado Secretary of State office, "as "Jalisco International, Inc.". On Page 8 of the application form, the Applicant lists the company name in the notary section of the application form as "Jalisco International, Inc". Please revise the company name in the notary section of the application form to indicate "Jalisco International, Inc.". This has been revised and included with this letter. 6.3.1 Exhibit A - Legal Description 6. Rule 6.3.1(1) states the legal description must identify the affected land, specify affected areas and be adequate to field locate the property. Description shall be by (A) township, range, and section, to at least the nearest quarter quarter section, and (B), location of the main entrance to the mine site reported as latitude and longitude, or the Universal Transverse Mercator (UTM) Grid as determined from a USGS topographic map. A metes and bounds survey description is acceptable in lieu of township, range, and section. Where available, the street address or lot number(s) shall be given. This information may be available from the County Assessor's office or U.S. Geological Survey (USGS) maps. The Applicant failed to provide the quarter/quarter section location information for the proposed center of the area where the majority of the mining operation will occur. Please revised Exhibit A to indicate the quarter/quarter section location information for the mine site. Exhibit A has been revised to include the following proposed quarter/quarter section location of the center of the mine site: PROPOSED CENTER AREA WHERE THE MAJORITY OF MINING WILL OCCUR IS IN THE SOUTHEAST QUARTER (SE1/4) OF THE NORTHWEST QUARTER (NW1/4) OF SECTION TWENTY (20) TOWNSHIP FOUR (4) NORTH, RANGE SIXTY-SIX (66) WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO 6.3.3 Exhibit C - Mining Plan 7. The Applicant states in the event that the topsoil is not utilized within 1 year vegetative cover will be planted. Please commit to seeding stockpiles which have been in place for 180 days and provide a seed mixture as pounds of pure live seed (PLS) per acre. The mining plan has been updated to state that stockpiles that have been in place for 180 days will be seeded with the Weld County seed mixture provided below. Areas South of County Road 68 • Mix Western Wheatgrass (Arriba, Barton, Rosana) 2.50 lbs pls/acre • Blue Grama (Hachital, Lovington) 1.50 lbs plslacre • Sideoats Grama (Vaughn, Butte, Niner, El Reno, Haskell) 2.25 lbs pls/acre • Smooth Brome (Lincoln, Manchar) 2.00 lbs plslacre • Sand dropseed 0.25 lbs pls/acre • Perennial Ryegrass (Calibra or Garibaldi tetraploid) 0.75 lbs plslacre • 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 plslacre Page 3 Mr. Peter Hays February 1st, 2022 8. The Applicant states the only water used will be for dust suppression at the site. Please provide the legal source of the water and provide documentation the source is permitted for mining/industrial use. Water will be sourced from the Hunt #2 Reservoir Mine Pit. The agreement and substitute water supply plan are attached. 9. The Applicant states no groundwater will be exposed during the operation under this permit. Please commit to remaining at least two (2) feet above the anticipated highest groundwater elevation and to backfilling groundwater to at least two (2) feet above the groundwater elevation if encountered by the mining operation. Exhibit C subsection d has been revised to state that, "No groundwater will be exposed during mining under this permit and excavation will remain at least two (2) feet above the groundwater elevation. If groundwater is encountered by the mining operation, the area will be backfilled at least two (2) feet above the groundwater elevation." 6.3.4 Exhibit D - Reclamation Plan 10. Please state the thickness of plant growth medium (topsoil) to be replaced if the site is reclaimed as an infiltration pond pursuant to Rule 6.3.4(1)(i). Exhibit D subsection c has been revised to state that 12 inches of topsoil will be replaced on the pit side slopes above the infiltration zone and the disturbed areas outside of the pit. Since overburden is approximately 5 feet thick at the site the side slopes of the pit will typically be seeded 5 vertical feet down from the crest. 11. The Applicant makes several references to the disturbed areas above the high water level and outside of the pond will be reclaimed. The Applicant is not proposing to expose groundwater or construct a pond for the purposed mine site. Please explain this discrepancies and revised Exhibit D accordingly. In the event that the mining under this permit is complete prior to approval of the DRMS 112 permit or the DRMS 112 permit is not approved, the pit will be reclaimed as an infiltration pond. Water will infiltrate on the pit bottom and on the side slopes where there is sand and gravel. The overburden at the site is typically sandy silt or silty sand which will not be utilized as an infiltration zone. The side slopes above the zone used for infiltration(above the sand and gravel) will have 12 inches of topsoil applied and reseeded with the seed mixture described above. The language in Exhibit D has been revised to describe this more clearly. 12. The Applicant submitted a financial warranty in the amount of $75,000.00 with the application. The Division reviewed and will accept the financial warranty amount for the proposed mining activities. Any adequacy issues with the financial warranty will be sent by the Division under separate cover. Acknowledged. 6.3.5 Exhibit E - Map 13. Please label the names of owners of record of the surface of the affected area and the land within two hundred (200) feet of the affected area, identify the owner of the substance to be mined and the type of structure and owners of record of any permanent or man-made structures within 200 feet of the affected land pursuant to Rule 6.3.5(2)(b). Exhibit E-1 Map has been updated to include CAW Equities, L.L.C. as the owner of record of the surface area of the affected land. CAW Equities, L.L.C. owns all the land within 200 feet of the affected area except the site entrance. Randall Knutson owns the property across from the entrance and has been included on this map. The owner of the substance to be mined in Red Tierra Equities, L.L.C. and has been included on the map. All permanent or man-made structures within 200 feet are included on the map the owners of which are PDC Energy, Weld County Public Works and DCP Midstream. 6.3.9 Exhibit I - Proof of Filing with County Clerk 14. Please provide an affidavit or receipt indicating the date on which the revised application Page 4 Mr. Peter Hays February 1st, 2022 information required to address this letter was placed with the Weld County Clerk and Recorder for public review, pursuant to Rule 1.6.2(1)(c). The revised application information required to address this letter was placed with the Weld County Clerk and Recorder by email on February 1st, 2022. 6.3.12 Exhibit L - Permanent Man-made Structures Where the mining operation will adversely affect the stability of any significant, valuable and permanent man-made structure located within two hundred (200) feet of the affected land, the Applicant shall either: a. provide a notarized agreement between the Applicant and the person(s) having an interest in the structure, that the Applicant is to provide compensation for any damage to the structure; or b. where such an agreement cannot be reached, the Applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or c. where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility. The Applicant submitted a stability analysis with the application. The Division will require the Applicant to demonstrate they attempted to obtain notarized structure agreements with all owners of the structures within 200 feet of the affected area of the proposed mine site pursuant to Rule 6.4.19 prior to the Division's consideration of a stability analysis. Notarized structure agreements were sent out on January 25th, 2022 via USPS certified mail. Copies of the certified mail receipts are included with this letter. 15. Please provide the Division with copies of all signed and notarized structure agreements with the owners of permanent man-made structures within 200 feet the proposed affected area boundary. No structure agreements have been received as of February 1st, 2022. If/when any structure agreements are returned copies will be sent to DRMS. Included in this response is: A copy of the structure agreement proof of mailings. Revised Application Form Revised Exhibit A Revised Exhibit C Mining Plan Revised Exhibit D Reclamation Plan Revised Exhibit E Map Exhibit I Proof of Filing with County Clerk Please feel free to contact me with any questions or concerns. CIVIL RESOURCES, LLC Page 5 Mr. Peter Hays February 1st, 2022 Kyle Regan J:IUnited Water & San-1411Section 201Jalisco Project Permit ApplCorrespondancellncompletness response_02012022.doc U.S. Postal Service`' CERTIFIED MAIL' RECEIPT Domestic Mail Only rx,►--z R� . • For delivery information, visit our website etl ••...tisps.�,,g,r. Denver r CO $lte' A 6y' Certified Mail Fee $.3.75 S r 1 xtro servko:i o (ciieckbox. add In ❑ Return Receipt (hardcopy) fD • ❑ Return Receipt (electronic) $ lil„ CEO ❑ Certified Mal Restricted Deitvery $ $1I .00 Adult Signature Required S ___.}13-- ❑Adutt signature Restricted Delivery S Postago $1.'6 Total Postage and Foes $ ki:.1b t ark 01/25/2022 Sent 76 `iare. 2!P;4b- a ✓ r ripszfr Sf� 3c.Qc?. .. GJ VOZD 3 P5 Form 3800, April 2015 PSN 753U•o2.00(1-9O4'.• See Reverse to' instructions U.S. Postal Service' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com.". Gree1a9 Co 806n codified Mail Foe Extrzt &rmites 6 Feos (check Oco, add too L.] Return Receipt (hardcopy) ❑ Return Receipt (electronic) ❑ Certified Mall Restricted Delivery $ $0.00 ❑ Adult Signature Required $ _ tw ° ❑ Adult Signature Restricted Delivery $ Postage $1.36 Total Postage and Foes $8.16 Son: To $tr of and erKill c S PS Form 3800, Apr.i 2015 PSN 7530.02-000-9047 • 1' i -` rink I :4 0209 I) 7 See Reverse for Instructions • m EN - ID ci 0 Cl •Total Postage and Rea U.S. Postal ServiceTM CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.cOm °. Denver ? CO'3U2U • .b..- tan Certified Mail Foe r Igo . r •-� G r l . rV L eS (check box, addtoe si3pity -r- 0 Return Receipt (hardcopy) I� ❑ Return Receipt (electronic) ❑ Certified Mall Restricted Delivery $ ❑ Adult Signature Required $ __ E3Adult Signature Restricted Delivery $ .Met -a. Er r9 N es .36 t Postage Sent To Strop an PS Form 3800, April 2015 PSN 7530-02-000-9047 Denver ! JAN 2 J 0209 I,I z I'o5(U)1 I -fore 2022 Lei S DR See Reverse for Instructions •tt'% w. a For delivery information. visit our website -.+ "•►ir...uspb.cnir1n I• Ii Certified Mail Fee $3,75 Extra Services & Fees (cluck bog, coin for ApTrII I ❑ Return Receipt (handcopy) $ ❑ Return Receipt (electronic) $ Sit • Oil ❑ Certified Mall Restricted Delivery $ ❑ Adult Signature Required $ - I I Adult Signature Restricted Delivery $ Postage $1 A 36 Total Postage and Fe9s 011125/2022 EXHIBIT A - 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 QUARTER (NW1/4) OF SECTION TWENTY (20) TOWNSHIP FOUR (4) NORTH, RANGE SIXTY-SIX (66) WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO PROPOSED CENTER AREA WHERE THE MAJORITY OF MINING WILL OCCUR IS IN THE SOUTHEAST QUARTER (SE1/4) OF THE NORTHWEST QUARTER (NW1/4) OF SECTION TWENTY (20) TOWNSHIP FOUR (4) NORTH, RANGE SIXTY-SIX (66) WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO MINING PERMIT BOUNDARY See Exhibit A Map MINING ENTRANCE UTM Datum NAD 83 Zone 13 Easting: 516701.54 Northing: 4461556.18 Section 20 — Gravel Mine — MLRB 111 Permit Application Exhibit A -1 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 will commence as soon as possible after the approval of this application which is estimated to be in February. The owner of the property is concurrently applying for a DRMS 112 permit and mining under this DRMS 111 permit will end after approval of the 112 permit or once the permittee has reached the grade shown on the mining plan map. The expected end date for the project is December 2023 or earlier if the above conditions are met. (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; From the exploratory borings that were drilled at the site in 2021, the estimated suitable soil for plant growth is approximately 12 inches. The top 12 inches of soil will be stockpiled to the southern side of the affected area as shown on the Mining Plan Map in Exhibit E. In the event that the topsoil is not utilized within 180 days vegetative cover will be planted. The Weld County seed mix for areas south of County Road 68 will be used. Areas South of County Road 68 • 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 • 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 (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; Section 20 - Gravel Mine — MLRB 111 Permit Amendment Exhibit C Exploratory borings drilled on the site show that overburden is approximately 5 feet deep in the affected area. The permittee is expecting to utilize overburden for the highway project. Any overburden material not suitable for the permitted end use will be stockpiled in the southern end of the affected area adjacent to the topsoil stockpile. (d) specify the thickness of the deposit to be mined; Bedrock in the affected area is approximately 48 feet deep and groundwater levels in the area are approximately 24.4 to 26.0 feet deep. The pit is expected to be mined to a depth of 20 feet or shallower to avoid exposing groundwater. No groundwater will be exposed during mining under this permit and excavation will remain at least two (2) feet above the groundwater elevation. If groundwater is encountered by the mining operation, the area will be backfilled at least two (2) feet above the groundwater elevation. (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 access route to the site will be located to the north side of the site and will enter the site off of Weld County Road 44. There will be one pit at the site which will be contained by the access road to the east and an existing dirt farm road to the west. The pit will be approximately 22.45 acres. The location of the access route and pit are shown on Exhibit E. (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 pit will be approximately 22.45 acres and the stockpile area will be approximately 1.87 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; An existing 30 feet by 1434 feet farm access road will be utilized for the mining operation. No improvements will be made to the existing road. (h) specify how much water will be used in conjunction with the operation, and the source of this water; There will be no onsite processing. The only water used will be for dust suppression at the site. Water will be sourced from the J2 Hunt Reservoir #2 Mine. (0) 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; Section 20 - Gravel Mire — MLRB 111 Permit Amendment Exhibit C No groundwater will be encountered, and stormwater run-off will be directed into the pit. No other surface water features will be intercepted or disturbed. (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. If any of these materials are exposed during mining they will be segregated and loaded in the pit to control for unsightliness and to protect the drainage system from pollution. These materials will be disposed of at the appropriate disposal facility. (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; The permittee will not expose groundwater at the site and will direct stormwater from disturbed areas back into the pit. The site is concurrently applying for a DRMS 112 permit along with this DRMS 111 permit. The pit covered in this permit application will ultimately be incorporated into a larger soil-bentonite lined cell that is covered in the DRMS 112 permit. The ultimate final land use for this area is a below grade soil-bentonite lined reservoir. In the event that the DRMS 112 permit application is postponed or denied, the mining pit will be reclaimed as an infiltration pond. (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; There will be no on -site processing. (n) identify the primary and secondary commodities to be mined/extracted and describe the intended use; and The primary commodities to be mined are overburden, sand, and gravel for use as construction aggregates. There will be no secondary commodities mined. (o) name and describe the intended use of all expected incidental products to be mined/extracted by the proposed operation. Topsoil will be stockpiled to the south of the affected area. All other materials that are mined are expected to be utilized by the roadway project. Section 20 - Gravel Mine — MLRB 111 Permit Amendment Exhibit C (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. Section 20 — Gravel Mine — MLRB 111 Permit Amendment Exhibit C 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 in the mine pit. The pit will be located within the future mine limit of a soil-bentonite lined mine cell under a DRMS 112 permit which has been submitted to the DRMS and is currently under review. In the case that the DRMS 112 permit is delayed or not approved, the mine pit will be reclaimed to an infiltration pond and no overburden will be utilized. (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 maximum gradient of the mined and reclaimed slope will be at a 3:1. (c) specify the measures that will be taken to revegetate the site, if applicable, including: The site is currently utilized as flood irrigated farmland. The final end use for this area is planned to be water storage or as an infiltration pond. In disturbed areas above the highwater line and outside of the pit the land will be revegetated with the Weld County upland seed mix utilizing the stockpiled topsoil. In the case that the DRMS 112 permit is delayed or not approved, and the mine pit is reclaimed to an infiltration pond the side slopes above the zone used for infiltration will be replaced with 12 inches of topsoil and reseeded with the Weld County upland seed mix. (i) state the thickness of plant growth medium to be replaced. Sample and analyze available soils sufficiently to establish quantity and quality; The affected area is currently flood irrigated cropland that is tilled yearly and left fallow in the winter. The permittee will replace 12 inches of topsoil and reseed disturbed areas outside of the pit with the Weld County Upland Seed Mix, attached to this Exhibit. In the case that the DRMS 112 permit is delayed or not approved, and the mine pit is reclaimed to an infiltration pond the side slopes above the zone used for infiltration will be replaced with 12 inches of topsoil and reseeded with the Weld County upland seed mix. Section 20 - Gravel Mine — MLRB 111 Permit Application Exhibit D -1 (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 pit will be located in the future mine limit of what will be Phase 1 of a DRMS 112 permit which is currently under review. In the event that mining under this permit is complete prior to approval of the DRMS 112 permit or the DRMS 112 permit is not approved, reclamation will begin and the side slopes above the sand and gravel used as the infiltration zone and outside of the pond will be reseeded. (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; Areas South of County Road 68 • 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 • 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 pis/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. Section 20 - Gravel Mine — MLRB 111 Permit Application Exhibit D - 2 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:1V. 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 (DOW) must be consulted where wildlife use is the proposed future land use. The main pit will remain after reclamation and will either be water storage or a infiltration pond. The whole reclamation slope will be reclaimed at a 3:1 slope. (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. Section 20 - Gravel Mine — MLRB 111 Permit Application Exhibit D - 3 i M'na hn•&Ln. 4'MYnI0. '%W. 'tns..,V)X'+o ` Oar 4D O.p LJTFI ';S1 ))M' 3 z f n 2 2 X m F" 0 n o n 3 > m m N CI i C' m m O m O s � 4 a4 031N31YJS e 3,4 MOIId!YX3O E I, SMOISIA3Y SECTION 20 GRAVEL MINE DRMS 111 PERMIT APPLICATION GILCREST, COLORADO c c In MOO 03 'AID 3ri3WW0] DAN, OOYYOl03 (999 JALISCO INTERNATIONAL, INC Mariah Higgins From: Sent: To: Subject: Attachments: Follow Up Flag: Flag Status: Kyle Regan <kyle@civilresources.com> Tuesday, February 1, 2022 4:26 PM Mariah Higgins Red Tierra Equities, L.L.C. DRMS 112 Revised Application SEC 2O_DRMS_Complete Incompleteness Submittal_02012022.pdf Follow up Flagged Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Mariah, I have attached a revised version of the Red Tierra Equities, L.L.C. Section 20 DRMS 112 application. We received an incompleteness notification from DRMS and this revised application addresses the points that the DRMS brought up. Please place this for public review in place of the DRMS 112 application that was placed with you in January. Let me know if you have any questions. Thanks! Kyle Regan Civil Resources, LLC 8308 Colorado Blvd Suite 200 Firestone, CO 80504 Phone: (303) 833-1416 x210 www.civilresources.com CIVIL RE.S t1RCES sr e145V % t4IIKAINVAIVI. Publ.; Rev;e�J o2 locl cc:Pl-CrOytA(sHIER/c;4,b) 2O22 -O476 O2 /07/22 COLORADO DIVISION OF RECLAMATION, MINING, AND SAFETY: CONSTRUCTION MATERIALS REGULAR 112 RECLAMATION PERMIT PREPARED FOR: Red Tierra Equities, LLC 8301 East Prentice Avenue, Suite 120 Greenwood Village, CO 80111 PREPARED BY: Civil Resources, LLC 8308 Colorado Blvd, Suite 200 Firestone, CO 80501 303.833.1416 DATE PREPARED: DECEMBER, 2021 CIVIL RE. `>" URC[s,LLc STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman SL, Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 CONSTRUCTION MATERIALS REGULAR (112) OPERATION RECLAMATION PERMIT APPLICATION FORM CHECK ONE: ❑ There is a File Number Already Assigned to this Operation Permit # M COLORADO DIVISION OF RECLAMATION MINING — &— SAF ETY (Please reference the file number currently assigned to this operation) New Application (Rule 1.4.5) Ek, 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 Regular 112 Operation Reclamation Permit contains three major parts: (1) the application form; (2) Exhibits A -S, Addendum 1, any sections of Exhibit 6.5 (Geotechnical Stability Exhibit; and (3) the application fee. When you submit your application, be sure to include one (1) complete signed and notarized ORIGINAL and one (1) copy of the completed application form, two (2) copies of Exhibits A -S, Addendum 1, appropriate sections of 6.5 (Geotechnical Stability Exhibit, and a check for the application fee described under Section (4) below. Exhibits should NOT be bound or in a 3 -ring binder; maps should be folded to 8 1/2" X 11" or 8 1/2" X 14" size. To expedite processing, please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, ALL information requested below. 1. Applicant/operator or company name (name to be used on permit): Red Tierra Equities, L.L.C. 1.1 Type of organization (corporation, partnership, etc.): LLC 2. Operation name (pit. mine or site name): Section 20 Gravel Mine 3. Permitted acreaee (new or existine site): 3.1 Change in acreage (+) 3.2 Total acreage in Permit area 4. Fees: 4.1 New Application 4.2 4.4 New Quarry Application Amendment Fee 4.5 Conversion to 112 operation (set by statute) 5. Primary commoditie(s) to be mined: overburden 5.1 Incidental commoditie(s) to be mined: 1. gold 3. / lbs/Tons/yr 4. sand gravel 630.15 630.15 permitted acres acres acres $2.696.00 application fee $3342.00 quarry application $2,229.00 amendment fee $2,696.00 conversion fee .1 lbs lbs/Tons/yr 2. / / lbs/Tons/yr 5. / lbs/Tons/yr lbs/Tons/yr 5.2 Anticipated end use of primary commoditie(s) to be mined: construction aggregate sale 5.3 Anticipated end use of incidental commoditie(s) to be mined: -2- 6. Name of owner of subsurface rii hts of affected land: Red Tierra Equities, L.L.C. If 2 or more owners, "refer to Exhibit O". 7. Name of owner of surface of affected land: CAW Equities, LLC 8. Tvpe of mining operation: Surface Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN (check one): ID 6th (Colorado) .EL10th (New Mexico) l -j 1 Ute SECTION (write number): S 20 TOWNSHIP (write number and check direction): T 4 12 , North ❑, South RANGE (write number and check direction): R 66 1 East West QUARTER SECTION (check one): El SW QUARTER/QUARTER SECTION (check one): I NE NW SE SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): Approximately 1/2 a mile from the Town of Gilcrest, CO; elevation approxmately 4760' 10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (N) 39° 44' 12.98" (W) 104° 59' 3.87" Latitude (N): deg 40 min 17 sec 52 , 01 (2 decimal places) Longitude (W): deg 104 min 48 sec 39 29 (2 decimal places) OR Example: (N) 39.73691° (W) -104.98449° Latitude (N) (5 decimal places) Longitude(W) (5 decimal places) OR Universal Tranverse Mercator (UTM) Example: 201336.3 E NAD27 Zone 13 4398351.2 N UTM Datum (specify NAD27, NAD83 or WGS 84) Nad 83 Zone 13 Easting 516070.00 Northing 4460826.00 -3- 11. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Contact's Name: Robert Lembke Title: Manager Company Name: Red Tierra Equities, L.L.C. Street/P.O. Box: 8301 East Prentice Avenue, Suite 120 P.O. Box: City: Greenwood Village State: CO Zip Code: 80111 Telephone Number: 303 ) 771-1005 Fax Number: ( 1 - PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Kyle Regan Title: Project Geologist Company Name: Civil Resources, LLC Street/P.O. Box: 8308 Colorado Blvd. Suite 200 P.O. Box: City: Firestone State: CO Zip Code: 80504 Telephone Number: 408 ) _ 930-2544 Fax Number: ( 1 - INSPECTION CONTACT Contact's Name: Robert Lemke Title: Manager Company Name: Red Tierra Equities, L.L.C. Street/P.O. Box: 8301 East Prentice Avenue, Suite 120 P.O. Box: City: Greenwood Village State: CO Zip Code: 80111 Telephone Number: (303 1- 771-1005 Fax Number: ( ) - CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: Telephone Number: ( 1 - CC: STATE OR FEDERAL LANDOWNER (if any). Agency: Street: City: State: Zip Code: Telephone Number: ( '1- -4- 12. Prima future (Post -wining) land use (check one): Cropland(CR) t ! Pastureland(PL) El Rangeland(RL) ..F.Forestry(FR) 171 Residential(RS) Recreation(RC) f _ ` Developed Water Resources(WR) 13. nd se heck one Cropland(CR) Rangeland(RL) Residential(RS) Pastureland(PL) Forestry(FR) Recreation(RC) Developed Water Resources(WR) General Agriculture(GA) Wildlife Habitat(WL) Industrial/Commercial(IC) Solid Waste Disposal(WD) General Agriculture(GA) Wildlife Habitat(WL) Industrial/Commercial(IC) 14. Method of Mining: Briefly explain mining method (e.g. truck/shovel): Slurry wall lined dry mining, wet mining for the siltation and freshwater ponds 15. On Site Processing: R71 Crushing/Screening 13.1 Briefly explain mining method (e.g. truck/shovel): Earth moving scrapers, dozers, excavators and haul trucks List any designated chemicals or acid -producing materials to be used or stored within permit area: 16. Description of Amendment or Conversion: If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s). New Application -5 - Maps and Exhibits: Two (2) complete, unbound application packages must be submitted. One complete application package consists of a signed application form and the set of maps and exhibits referenced below as Exhibits A -S, Addendum 1, and the Geotechnical Stability Exhibit. Each exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ease of reference. If separate documents are used as appendices, please reference these by name in the exhibit. With each of the two (2) signed application forms, you must submit a corresponding set of the maps and exhibits as described in the following references to Rule 6.4, 6.5, and 1.6.2(1)(b): EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H EXHIBIT I EXHIBIT J EXHIBIT K EXHIBIT L EXHIBIT M EXHIBIT N EXHIBIT O EXHIBIT P EXHIBIT Q EXHIBIT R EXHIBIT S Rule 1.6.2(1)(b) Rule 6.5 Legal Description Index Map Pre -Mining and Mining Plan Map(s) of Affected Lands Mining Plan Reclamation Plan Reclamation Plan Map Water Information Wildlife Information Soils Information Vegetation Information Climate Information Reclamation Costs Other Permits and Licenses Source of Legal Right -To -Enter Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined Municipalities Within Two Miles Proof of Mailing of Notices to County Commissioners and Conservation District Proof of Filing with County Clerk or Recorder Permanent Man -Made Structures ADDENDUM 1 - Notice Requirements (sample enclosed) Geotechnical Stability Exhibit (any required sections) The instructions for preparing Exhibits A -S, Addendum 1, and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule 1.6.2(1)(b) of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required, or would like to schedule a pre -application meeting you may contact the Office at 303-866-3567. Responsibilities as a Permittee: Upon application approval and permit issuance, this application becomes a legally binding document. Therefore, there are a number of important requirements which you, as a permittee, should fully understand. These requirements are listed below. Please read and initial each requirement, in the space provided, to acknowledge that you understand your obligations. If you do not understand these obligations then please contact this Office for a full explanation. 1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; -6- 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; 1-----3 If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties, to you as permittee can result; 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office; 5. It is your responsibility to notify the Office of any changes in your address or phone number; 6. Upon permit issuance and prior to beginning on -site mining activity, you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information (Rule 3.1.12): a. the name of the operator; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, c. the permit number. 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance. 8. it is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Construction Material Rules and Regulations in effect at the time the permit is issued. 9. Annually, on the anniversary date of permit issuance, you must submit an annual fee as specified by Statute, and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example, a permit with the anniversary date of July 1, 1995, the annual fee is for the period of July 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, 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 operators: the signing representative is authorized to sign this document and a power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application. -7 - NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions, changes, and deletions to this document prior to final decision by the Office. Therefore, if you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what changes may have been made to the application document. The Office is not allowed to consider comments, unless they are written, and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process, you may contact the Office at (303) 866-3567. 2O2.2 , by kb toDet t _ A'YI IQ?.P. as IMa f Rt Title: Manager State of COI 0 r i of ° ss. County of Avot/rf/I v1 ) The foregoing instrument was acknowledged before me this 2-04" day of tiCArlUlaYt-6 - of K el "[`1t' Jere Equittec LLC• -8- Certification: As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1. To the best of my knowledge, all significant, valuable and permanent man-made structure(s) in existence at the time this application is filed, and located within 200 feet of the proposed affected area have been identified in this application (Section 34-32.5-115(4)(e), C.R.S.). 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115(4)(f), C.R.S.; 3. As the applicant/operator, I do not have any extraction/exploration operations in the State of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section 34-32.5-120, C.R.S.) as determined through a Board finding. 4. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112,C.R.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to section 34-32.5-123, C.R.S. Signed and dated this day of Red Tierra Equities, _ L.L.C, Applica If Corporation Attest (Seal) Signed: G�ivl!y' C1` Signed: Corporate Secretary or Equivalent Town/City/County Clerk MARY BATES NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20204035076 My Commission Expires: October 07, 2024 Vizt4,"" Notary Public My Commission expires: 10 It SIGNATURES MUST BE IN BLUE INK You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a EXHIBIT A EXHIBIT A - LEGAL DESCRIPTION This information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.1 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: LEGAL DESCRIPTION SOUTHEAST QUARTER (SE1/4) OF SECTION TWENTY (20), TOWNSHIP FOUR (4) NORTH, RANGE SIXTY-SIX (66) WEST OF THE 6TH P.M. WELD COUNTY, COLORADO LESS AND EXCEPT LOT A, RECORDED EXEMPTION NO, 1057 -24 -4 -RE 1699 AND LESS AND EXCEPT LOT A, RECORDED EXEMPTION NO 1057 -24 -4 -RE 3000 COUNTY OF WELD, STATE OF COLORADO. PARCEL CONTAINS 6,812,586 SQ FT OR 156.40 AC MORE OR LESS LEGAL DESCRIPTION PARCEL 1: THE NORTHWEST QUARTER (NW1/4) OF SECTION TWENTY (20) AND THAT PART OF THE NORTHEAST QUARTER (NE1/4) OF SECTION TWENTY (20) LYING WEST OF THAT CERTAIN IRRIGATION LATERAL AS NOW CONSTRUCTED AND EXISTING ACROSS SAID LAND KNOWN AS THE BOB CHESTNUT DITCH, ALL IN TOWNSHIP FOUR (4) NORTH, RANGE SIXTY-SIX (66) WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, EXCEPTING THEREFROM A STRIP OF LAND 30 FEET WIDE OFF THE ENTIRE NORTH SIDE OF THE N1/2 OF THE NW1/4 IN DEED RECORDED MARCH 2, 1898 IN BOOK 130 AT PAGE 66, WELD COUNTY RECORDS, AND A STRIP OF LAND 40 FEET WIDE ALONG THE WEST SIDE OF THE NW1/4 IN DEED RECORDED MAY 25, 1938 IN BOOK 1026 AT PAGE 433, WELD COUNTY RECORDS. PARCEL 2: THE NE1/4 OF SECTION 20, TOWNSHIP 4 NORTH, RANGE 66 WEST OF THE 6TH P.M.; EXCEPT A TRACT OF LAND CONSISTING OF TWO ACRES, MORE OR LESS, LYING IN THE NORTHWEST CORNER OF THE NW1/4 OF THE NE1/4 OF SAID SECTION 20, BEING ALL THAT PART OF SAID NW1/4 OF SAID NE1/4, OF SAID SECTION 20, LYING NORTH AND WEST OF THAT CERTAIN IRRIGATION LATERAL CONSTRUCTED ACROSS SAID LAND KNOWN AS THE "BOB CHESTNUT DITCH", AND USED TO CARRY WATER ACROSS SAID LAND FROM THE CANAL OF THE WESTERN DITCH AND LAND COMPANY TO LANDS FORMERLY OWNED BY ROBERT S. CHESTNUT, AS CONVEYED TO SAMUEL D. GRIFFITH BY WARRANTY DEED RECORDED IN BOOK 1150 AT PAGE 369, COUNTY OF WELD, STATE OF COLORADO LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 4 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 20, WHENCE THE SOUTHWEST QUARTER CORNER OF SAID SECTION 20 LIES S 00°34'59" W A DISTANCE OF 2647.47, SAID LINE BEING THE BASIS OF BEARINGS; Section 20 — Gravel Mine — MLRB 112 Permit Amendment Application Exhibit A -1 THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 20 N 89°42'07" E, A DISTANCE OF 40.00' TO A POINT ON THE WEST RIGHT OF WAY FOR HIGHWAY 60, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE OF THE SOUTHWEST QUARTER N 89°42'07" E, A DISTANCE OF 2,632.31', TO THE CENTER QUARTER CORNER OF SAID SECTION 20; THENCE ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 20 S 00°33'36" E, A DISTANCE OF 2,615.59' TO A POINT ON THE NORTH RIGHT OF WAY LINE FOR COUNTY ROAD 42; THENCE ALONG SAID NORTH RIGHT OF WAY LINE S 89°39'42" W, A DISTANCE OF 2,631.25' TO A POINT ON THE WEST RIGHT OF WAY FOR HIGHWAY 60; THENCE ALONG SAID WEST RIGHT OF WAY N 00°34'59" W, A DISTANCE OF 2,617.44' TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 158.08 ACRES. MINING PERMIT BOUNDARY SEE COVER SHEET OF DRMS PLANS (ATTACHED) MINING ENTRANCE UTM Datum NAD 83 Zone 13 Easting: 516070.00 Northing: 4460826.00 Section 20 — Gravel Mine — MLRB 112 Permit Amendment Application Exhibit A - 2 EXHIBIT B 1 RED TIERRA EQUITIES SECTION 20 MINE DATE: NbkaSvmr7D21 FIGURE: EXHIBIT B INDEX MAP L EXHIBIT C LEGEND ® PLUGGED AND ARANDONEC OIVGAS WELL 0 1RODUCING OIL/GAS WELL e _ El PERMIT $OUNCAR• I, I I I I 1 II I 3 IM� u 11 wwwwwwwwain waisa.araimam t•I aaiaoatltlgtt't-wanaasawtaiS-1 "'t waalmama ae I I U f/ L 1. =r - I �V 'its 'Ent m_a _anima_ Ann i..am an .e wit amnesia' mu a CJ MELD iCOUN/, Atuu 4.7 Fl _, ❑oo oo 4. •.«`c..i...al i .t I NOTES 1. THIS MAP HAS BEEN PREPARED TO SATISFY RULE 6.4.3 EXHIBIT C SUBSECTIONS C, D, AND E 2. TYPE OF VEGETATION IS FLOOD IRRIGATED CROPS OF CORN, WHEAT AND ASSORTED VEGETABLES, AND AREAS OF FALLOW AND UNVEGETATED GROUND (YARD AREAS. OIL AND GAS PADS). I NUir- uLr,11 O rrj Kiww mut below. Call before you dig. L.IVIL RESOURCE N 323 Sth STRttT V.O. Boa 6BC FREDERICK, CO 8053C 303,133.1416 W W W.CIVILRESOURCES.CDM RED TIERRA EQUITIES 8101 t PRENTICE Awl •llo GREENWOOD VILLAGE. CO $011: )03.))t.t00$1►) CONTACT. DIEN DAMIANO SECTION 20 112 RECLAMATION PERMIT cc 0 GILCREST, COLORADO REVISIONS NO DESCRIPTION DATE DESIGNED Rt. $D - DRAW N Rt fl_ C NEC REC h 11L JOS NO. l0)S01,04 OWG NUIt GILCREST•AttA•GEOCOG'f.DWC DATE W1112021 SCALERS NOTED AS NOTED PRE -MINING MAP EXHIBIT C-1 MARGE: 7057'9/000(15 r1WNfR- HS LAND & (.17LE LLC PARCEL 157t900000J6 OWNER NS twit) Y.AIRE LLC PARCE2 705779100704 OWNER N5 LAND AF CA77LE cLC PARCEL 705719700002 OWNER. NS LAND J CArILE LLC 1 PARCEL 105779000019 CANER MO -LARD KARRowSA/ PARCEL: 10571900002) OWNER' HS LAND & C417Lf LLC PARCEL - 7057307010041 OWNER CCWCD I I I I I I I I I I I I I I I PARCEL. 105717300007 OWNER RANDALL KNur5ON PARCEL 10.5 J F 740000_5 L)WNER PHrt L/5 NELSON MN a aaII aaII =P a l aal = aaal PARCEL 1057173001002 OWNER KNV1SCW an a Maine a a a aOll CRMS PERMIT BOUNDARY FCTiGN : s MINE PARCEL. 105729200035 OWNER LADR(N SHARP IK PARCEL /03729200031 OWNER: TERRY wiEDEANN PARCEL 1057200O(2016 OWNER JLFL It rt4RCING a a as a—as—aa PARCEL. 105729200036 OWNER TERRY wall —MAN PARCEL. 10329200077 OWNER TERRY W7EDEMAN PARCEL 705729200036 OWNER; RERRY WArf(MAN PARCEL. 705729000026 OWNER. DANE CL/NE 7 PARCEL 105720000018 OWNER- M/C$4EL PA FRIDGE" PARCEL. 10572910t7001 72910000 / OWNER WELD COUNTY PARCEL" 1057174000?5 OWNER REGMN WRIGHT M^ PARCEL. 105717400006 OWNER KC 1/Af4 WRICHT PARCEL .705711000031 OWNER Dot/GLAS SCHM/DT PARCEL '057160000J7 CANER. LEONARD 541/15 PARCEL /05716.500002 OWNER CRAG w1EOEMW 200 OFFSET FROM PERMIT LINE 200.0 PARCEL 10372/2000730 / OWNER 41AMLE( K/SSLER I 1 � 1 � _I PARCEL 10572110003J OWNER RUSSELL RIMER PARCEL 7057210x0024 (AnVfR OAY10 WOOL VfRTt7N PARCEL. 705721300027 OWNER MAMLEE K/S5LER PARCEL, 705721300026 OWNER LEIGHION WYSCAWER PARCEL 705721300037 OWNER ROBERT KERN ILL 705727300014 / WNER PAMELA RAoWIOL l I I f 0 .ao 0410 1 P1 1W) Know what's betow. Call before you thy. 1\ 11 til 91 111 I \ 323 5th STREF V.O. Box 68L FREDERICK, CO 8C530 303.833.1416 W W W.CIVILRESOURCES.COM RED TIERRA EQUmES, LLC X103 E PRENTICE AVE 0120 GREENWOOD VIUAGE. CO SO 101.771.1005 (0) DREW DAMIANO SECTION 20 DRMS APPLICATION GILCREST, COLORADO REVISIONS NO OESCRIPTION DATE DESIGNED BY xy_ ORAWN BY AIL_ CHECKED IT SIN LOB NO. 125.001,01 DWG NAME 40r,RBCarr[1574 kcrr41.1102 DATE. OB/21/2021 SCALEp5 NOTED AS NOTED PROPERTIES WITHIN 200' EXHIBIT C-2 0 I I I I AYCnufO A'Agmapsp, PE1:W( AND OU1m i'LD+NCS I I I I I Ica {-7 R4NO4LL KNUTSON ,R19C F,Ov PA/OT WFLD CDUNry RC140 a a 11.— i r — — — — — — —In= a PQ' (MEc9ir RAC' /ANA'S 4W Aar VAC)! PPG wit, NNC Ot/G4S Litt t ANA,S4 /F MOW ttie.'Al. Wire I I I I I I I I I I I I I PASTERN MUTUAL 011TH LATERAL I I I I I I l POC EN(RCr !AK/GRS sat AEA /F-20 A0C (Rile If FLARE Sl'ACX I PLC CN[7PGr Ott,eraS Net tsacA X /10-JID NKA. LA SHAM GARAGE POC ENERGY INC -f MAN'S MD FLARE SUCK *YON,TOWN C *Eli i P i 0 I 44 7 RANDALL NNW SON JAWN:4FOAP !JOAO NGIBLE (AMY NC MAWS MO /TARE tutor a a mainallillaaa ti LKP anosm w cAs LAwE POC mac,. mows Roc ENERGY A\:7 Or /&4S PF(LL SPARROW ANCKO /SJ-.87 ALT (NERO' Pif OlL/GES WELL SPARROW /i•-JD MON/1GlrMti rLi1 6 )ANICE WIEDEMAN HOME W(l0 COUNTY Ag4D Ir /•- mat (as µC LMrcas weu Fat A' /7P- LB • TOTAL AFFECTED LANDS 630 15 ACRES (t/—) ►DC ENERGY INC TANKS AND FLARE STACK n� I - TARRY HOME r COPKRE/E / MICM WERAe YIEOEMAN ND OUT SUILOINGS - FARMERS INDEPENDENT DITCH LATERAL MS( (MNCY wars AA0 Flair StICA' Pt7 - £A[RGr AAK OK/G4$ Pitt MCCL£ALAY /J1 -SD 0 POC ENERGY INC TANKS AND FLARE STACK N0&E (NEACr WC CAL/GAS Wilt MR0 K /20-8 MICHAEL CLINE NONE AND SHOD /- DAMS PERMIT EOUW ARC a—eEsa NOSIC C OC £.401.4 A' DC; ltLDa F.E4PI CAS UWE CLEA%OLIT v0In T'i:.h4 eC., • NCMIE MO our 6FAEOwcS LLn YAW TGA'/M: WI: 5 IJ JUANITA SC MAID HOME 1 I 1 1 1 I I I 1 I I :0p' FROM DIMS PERMIT SOUNCARY I I AYY 1'AVERCr INC /ANA'S AND P1.,VP( .5/ACA O / I I I I I I I I I COPINNE KIGSLER NOME AND GARAGE 4 r- CAVED WOOLVERTON / NOME AND .aRAGE FARMERS INDEPENDENT DITCH — WESTERN MUTUAL CITCN 4 LEIGHTON WYSCAVER HOME ROBERT NOME iOCN BAMBOO Hop LEGEND PLUGGED AND ABANDONED OIL/GAS WELL PRODUCING OIL/GAS WELL MI a• PERMIT BOUNDARY NOTES 1. THIS MAP HAS BEEN PREPARED TO SATISFY RULE 6.4.3 EXHIBIT C SUBSECTIONS B AND G. 409 Ili a 1 RI FELT) Know�,what% below. Cali before you dui t I\II WI511)kt 323 5th STREET P.O. Bob 6BC FREDERICK,CO 80530 303.833.1416 W W W.CIVILRESOURCES.COA' RED TIERRA EQUITIES 1101 E PRENTICE AVE •t10 WEE NW000 VILLAGE. Co 1011: 1G1.F)t.l00S(p) CONTACT Ditty DAMIANO SECTION 20 DRMS 112 RECLAMATION PERMIT GILCREST, COLORADO NO REVISIONS DESCRIPTION DATE DESIGNED SY LJJ_ DRAWN RV La_ CHECKED RY SLN DATE WINNO): SCALERS NOTCO VS NOTED :OR NO. I0I.001.G4 DWG NAM G .It r ltST.AREA•GEOLOGY )2w' STRUCTURES WITHIN 200' MAP EXHIBIT C-3 OO O Aet0 a atonam Ina aa aaaa ram' t1t ✓ 1 1 I 1 1 1 1 1 I 1 1 1 1 1 1 1 1 T. it a aaa :..naa aT. Lr �Jury )r RJ11} 44 uawTCMWC *fa 4w1 IOFML rte(: 6 1 ❑o Th) 1 (I) IT aCISa 8f MI s $ /6/ • MCW,PC$,N, *ft MI alai= a =a a c C 1 LPPts PERMIT sounDAvr B3B31' s a una AA Al., 4 1 1 1 1 1 1 1 1 a LEGEND I. a = lea MI J) NOTES PERMIT IOUNOARV SOIL TYPE SOIL TYPE IOUNDARY WATEI TAIL! SURFACE ELEVATION CONTON 1. THIS MAP HAS BEEN PREPARED TO SATISFY RULE 6.4.3 EXHIBIT C SUBSECTIONS F AND H. SOIL UNIT LEGEND ALTVAN LOAM. 0 TO 1 PERCENT SLOPES BRESSER SANDY LOAM, 0 TO 3 PERCENT SLOPES )ULESBURG SANDY LOAM, 0 TO 1 PERCENT SLOPES )ULESBURG SANDY LOAM, 1 TO 3 PERCENT SLOPES NUNN LOAM. C TO 1 PERCENT SLOPES VONA SANDY LOAM, 1 TO 3 PERCENT SLOPES P .1. sm I • Inn KIIUW man. below. Call before you dig. l\i: RFSi(i I 323 Stn STREI P.O. BOP 6BC FREDERICK, CO BC 63C 303.833.1416 WWW.CIVILRESOURCES.COM W.CIV ILRESOURCES.COM RED TIERRA EQUITIES Slott PRENTICE AVE •I)0 GREENWOOD VILLAGE. CO ICI 11 )0).7TI.1co11PJ CONTACT DREW DAMIANO SECTION 20 112 RECLAMATION PERMIT L cc C GILCREST, COLORADO REVISIONS NO DESCRIPTION DATE DESIGNED IT DRAWN IV {NECKED Iv 1UL 1L Lai DATE 911)1)011 SCALtAS N0TtQ AS NOTED JOB O. )0).0CL04 :WC NAMt„G1Lr j? _AMtGjQ1.QQJ21jC GROUND WATER CONTOURS AND SOIL TYPES EXHIBIT C-4 S C M"NCO PROC1-55 DISCHARGE POINT o U 1}�••1� ANO sits44RGE /1R4 Pawl' 8 p=C'f�*DEN STOCK PILE GERM Ctli 3 SWRM WALL 6.977 Lf O ❑ GI tM -ate —m __ rte mmeum" .I an �a a a a� ii as a� =��=as a WI X0+00 I. .is--ISr00 , [►ttP�� 1.1 V I I H L 51l ',It 1, �•� [..,.. f j Y SECTIOFl20 PFWNG T1lElNE IL CELL l iHASf 1 ►MST ) 1 ►HASE ! CELL ) 1 4 CELL 2 Sf NA ►HALE 2 - L J ClLLa SIURRv WALL A -a I i ' C 4 1 n 2SCf L331 318850 RED TERRA EQUITIES. LLC - - ,I 8 6701 E PRENTICE AVE .170 -S• �.W OS GREENWOOD VILLAGE, C06C111 �� _��3, _..�� i Rh CELL 1 • .� • 0,i )0).771.10CS Aq ' FRESH WATER • rrt". CONTACT DREW DAMIANO , POND APPROX • I K..: ,. ' 1 ACRES TO BE =��431 J02.830 cELLeI l0�0O [>•., if .R INCLUDED IN ---- --- 1 - •_1��T1 _ ►HALE s 1 • AGGREGA I r, PLANT t 1 II ' _ 1 O �� CELL SWa►r w 1 H ctu A j ►MALE )� 1 I ►HALE 1 J : 3 CEll 53 t 582.000 I- { 1 , ,�/ I HASf Ci ` I 1 a O 0 , 38CELL5S31 at `� 1 1 PHM! 2 R :LVRWt WALL L ( 4 1 O g LF ASPHALT `� /�� I III _ , f I t e N O PLANT IU - N ACRES �•o•J/ 08 Q ' . �t.�•A. � re' I _ 0 Li 1 1 L g I = �== - " -- I -- l ----�._ �- — s U'- - . • yC, I� - -- ____ _ it m In - 1.2 4 W W/�/ W J VI o / V �— I 4 0 CELL 6 31 SKIS N I.• .- 1- b IPA n 1 Ln ACTT• c!l ss 7aY/ 09 1 4 Ce �' CELL SM 1 Q 1 i ►NAsf 1 PNASE ) II CEll73t 231,Nd \ • CELL S•I PHASE 2 I 0 1 6 • ( OB l (C[LL 1 P 11A,C 4 ceu a REVISIONS ' 8 CELL 8 3 I 188,700 .-.- No DESCRIPTION DATE MOros! OCATEO OCr 1 ( (IB WS LIN• . 7tl 55 LF � � Il C 20 0 YEARS TCTAI / 1 I � GAs LINE r � L lL 6 s W R RY WAIL u0 N' 1 CELL6 1MASE 4 1 II 1, ►HASC ) PHASf7 I / C!LL Si CELL SS ►MSE PHA.E 7 I I H ! I [ I NOTES r I CELL SS ►HASf 2 I [•.P 1. VOLUMES ASSUMES MINING AT A 7 1 MINI SLOPE. [3 1. YEARS TO MINE FOR EACH PHASE ASSUME AN AVERAGE MINING RATE OF 2.000.060 FUTURE MIN! AREA • ,• TONS OF AGGREGATE PER YEAR ANO 1,5 TONS OF AGGREGATE PER CUBIC YARD. TO aLA_E INCLUDED IN G4' ). Swat( WALL CURTAIN AREAS ASSUME TnAT ADJACENT CELLS WILL SHARE ONE DESIGNED SY j DATE 611611011 CELL 6 (AFTER SOLAR I 4.p 1` DIVIDING SLURRY WA -Li - 4. SLURRY WALL CURTAIN AREAS ASSUME THE FOtLOwlNO AVERAGE DEPTH TO SEDROCK DUWN sr. - g SCALIA% NOTED REMOVAL) •. s I lA -CELL 1. SO- CHECKED tr k� J►4 NOTED ` I • cEu • SS' -A RTE JO N r :'!!!!L yLJ •CELLS SS WESTER QU R, tG AIDNGSOUTHERNnAlf M A • ceua SS 1 ■)1 _— -ceur SS' I -CELL6 --- 3 - • _-_ aa- -"--.. - -�-r--` = - _- -,-. _ _:. ._ _ - - O� '''Is'''' SWRRY W4LLAIkD1MENT MINE PLAN _ .- It s _ 6 ,y l� 'i �•1 1761/6 11 INCH GAS LAE I IS r6a71 AND - a s t >• 1 I� • 2 I11CM ,iAW S 1 TIMELINE 6• JwCNGAG UNr 1 G 0 Q ED ca,miLG 4(IK)1 (.14S LINE SHEET G b MGM OAS LINE Uow tUCM 15104 GAP boap r EXHIBIT C-5 1 n CELL 2 RASE 1 CELL 1 PHASE I CELL. 6 PHASE I E COMWG[ ED PhVh.2 S AND 570RMMM LEA' Dt5CKHRGE AOVWP OVERBURDEN STOCKPILE CELL L MIS— — au.I3 PHASE 2 OVERBURDEN ST0OCPILE CELL 6 8 66� 6331 6� 61• lick" 611Xrr 63>• � 61. 6!• 631• a 63331 6� 6l, 61• � 63� 4P0,410 6i>• 6i>• ,, 'Sam w ``— CELL 2 PHASE 3 FUTURE MINE AREA TO B! INCLUDED IN CELL 6 (AFTER SOLAR ARRAY REMOVAL) TOPSOIL STOCKPILE CELL 6 �CELL7 / PHASE I on ) _ DVERBUPOEN STOCKPILE CELL I TOPSOIL STOCKPILE CELL 7 ICELL SS 'PHASE 1 CELL SN PHASE I 04 CELL SS PHASE 2 CELL SN PHASE 7 t Pte... a a al aa Malan J' . 00 15.00 'icc"I,n vat's (MO (Ian (1/.'s t Ar.. CELL SS PHASE 3 0 3 CELL SN PHASE 3 CELL SS PHASE 1 1 1 I 1 141 1 1.1 1 .1 4i_F° 1 1 0 O I MINI SLOPE — i Ms Waft bin Cid Min pods 3 I BEDROCK TYPICAL MINE SECTION • INCH GAS LINE 2 INCH GAS UNE G T INCH GAS LINE G 4 INCH GAS USE G SINCH GAS LINE G II INCH GAS we EIIISTING SWRRY WALL 40 CoseovCc"---- ( IbII RI:S.11UR(.FS 323 Sth STREET P.O. Box 680 FREDERICK, CO 60530 303.833.1416 WWW.CIVILRESOURCES.COM W.CIV IL RESOD RCE S.COM RED TIERRA EQUITIES, LLC 6301 E PRENTICE AVE a 120 CREEP WOOO VILLAGE. CO110111 303.771.1001 (P) CONTACT DREW DAMIANO SECTION 20 DRMS 112 RECLAMATION PERMIT GILCREST, COLORADO REVISIONS NO DESCRIPTION DATE DESIGNED BY SQL DRAWN RV IL_ CHECKED IY ssti DATE '(1612021 WALLAS NOTED AS NOTED JOB NO. 303.001.04 DWG NAME.GWEST-AREA•GEOLOGY.DWC MINE STOCK LOCATIONS PLAN PILE SHEET EXHIBIT C-6 EXHIBIT D EXHIBIT D - MINING PLAN The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.4 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: (a) Description of the method(s) of mining to be employed in each stage of the operation as related to any surface disturbance on affected lands; The permit area includes a significant deposit of sand and gravel located in the alluvium of the South Platte River in Weld County. The site is located south of Highway 66, west of Weld County Road 19, north of Weld County Road 28 and east of Weld County Road 17. It encompasses 630.9 acres (plus or minus) and consists of seven slurry wall lined, and an unlined silt pond. Site Preparation: Initial disturbance on the property will be stripping overburden in the eastern portion of Cell 8 to establish the plant footprint. Concurrently with establishing the plant, the first phase of the Fresh Water Pond and the first phase of the Siltation Pond will be stripped of overburden and mining will commence in these phases once the plant has been established. After the initial preparation of the Plant, Fresh Water Pond and Siltation Pond, the Concrete Batch Plant and Asphalt Plant areas will be established and constructed. Customer roads will be established from the entrance to the plant areas. The current house on the west side of the property will be utilized as the office and a shop will be constructed in the early phases of site development. A parking area for employees will be constructed adjacent to the office and shop area. Mining: Scrapers will strip the topsoil and overburden material from a given phase and place stockpiles in the processing area. Any excess material not needed for reclamation may be sold or hauled off -site during the life of the mine. There will be no mining below the groundwater table until the slurry wall is complete, tested and approved for each slurry wall lined cell. For unlined cells, there will be no mining below the groundwater table until an approved Substitute Water Supply Plan(SWSP) has been obtained. Each slurry wall lined phase will be dry -mined using scrapers, bulldozers, front-end loaders, excavators, or similar equipment. The Fresh Water Pond and Siltation Pond will be unlined an wet mined with excavators. Mining at the site will progress in eight major stages comprised of minor phases expected to last approximately one year. A map depicting the phases can be found in Exhibit C-5. Stage 1 - will establish the Aggregate Plant, the Siltation Pond, the Freshwater Pond, and will mine out the future commercial area in the south-west corner of the site. These areas, excluding the Aggregate Plant, will be wet mined with excavators. Stage 1 is expected to last approximately 2 years. Topsoil mined from phase one will be segregated and utilized to establish a berm along the north-western boundary of the site along Weld County Road 44 and Colorado State Highway Section 20 - Gravel Mine — MLRB 112 Permit Amendment Exhibit D -1 66. After the berm has been established the remaining segregated topsoil will be stockpiled in the northern portion of Cell 7. Overburden, clay and any other material that is uneconomical to sell will be stockpiled in the northern portion of Cell 7 to be used in Stage 2 slope reclamation. Stage 2 - will consist of mining out Cell 3 in the north-east corner of the site. Mining will be completed in three (3) year long phases and will progress from west to east. Cell 3 will be a slurry wall lined cell and will be dry mined. Topsoil from this stage will be segregated and stockpiled in the northern portion of Cell 7. In the initial phase, overburden will be stockpiled existing stockpile in Cell 7. Once the first phase has been completely mined out, reclamation will begin on that phase and overburden material from the other phases will be placed directly in the reclamation slopes or sold. Stage 3 — will consist of mining out Cell 4 and concurrently reclaiming Cell 3. Cell 4 contains three (3) approximately one (1) year phases. Cell 4 will be a slurry wall lined cell and will be dry mined. Topsoil from this stage will be segregate and stockpiled in the northern portion of Cell 7 as indicated on the map. Slope reclamation of the previous phases will be concurrent with mining. Overburden will be placed in the reclamation slope or stockpiled in the bottom of the pit next to the current reclamation phase. Excess overburden will be placed in the southwest corner of Cell 6 to fill in the future commercial area. Stage 4 — will consist of mining out Cell 5 and concurrently reclaiming Cell 4. Cell 5 contains seven (7) approximately one (1) year phases. Cell 5 will be a slurry wall lined cell and will be dry mined. Topsoil from this stage will be segregate and stockpiled in the northern portion of Cell 7 as indicated on the map. Slope reclamation of the previous phases will be concurrent with mining. Overburden will be placed in the reclamation slope or stockpiled in the bottom of the pit next to the current reclamation phase. Stage 5 — will consist of mining out Cell 6 and concurrently reclaiming Cell 5. Cell 6 contains four (4) approximately one (1) year phases. Cell 6 will be a slurry wall lined cell and will be dry mined. Topsoil from this stage will be segregate and stockpiled in the western portion of Cell 2(Siltation Pit) to be utilized in reclamation of the silt pond back to native grade. Slope reclamation of the previous phases will be concurrent with mining. Overburden will be placed in the reclamation slope or stockpiled in the bottom of the pit next to the current reclamation phase. Any overburden not used in slope reclamation will be placed in the unused portion of Cell 2(Siltation Pond). Section 20 — Gravel Mine — MLRB 112 Permit Amendment Exhibit D - 2 Stage 6 — will consist of mining out Cell 7 and concurrently reclaiming Cell 6. Cell 7 contains four (2) approximately one (1) year phases. Cell 6 will be a slurry wall lined cell and will be dry mined. Topsoil from this stage will be segregate and stockpiled in the western portion of Cell 2(Siltation Pit) to be utilized in reclamation of the silt pond back to native grade. Slope reclamation of the previous phases will be concurrent with mining. Overburden will be placed in the reclamation slope or stockpiled in the bottom of the pit next to the current reclamation phase. Any overburden not used in slope reclamation will be placed in the unused portion of Cell 2(Siltation Pond). Stage 7 — the final stage will begin with mining out the aggregate under the Asphalt Plant, the Concrete Batch Plant and the office area. The last portion to be mined out will be the Aggregate Plant. Stage 7 will take approximately two (2) years and will establish Cell 8. Topsoil from this stage will be segregate and stockpiled in the western portion of Cell 2(Siltation Pit) to be utilized in reclamation of the silt pond back to native grade. Once mining is complete at the site, the topsoil berm will be mined and used in any areas needing topsoil for reclamation. Slope reclamation of the previous phases will be concurrent with mining. Overburden will be placed in the reclamation slope or stockpiled in the bottom of the pit next to the current reclamation phase. Any overburden not used in slope reclamation will be placed in the unused portion of Cell 2(Siltation Pond). The operator will develop and comply with a Stormwater Management Plan and Spill, Prevention, Control and Countermeasures Plan. The operator will notify the Division of Reclamation and Mine Safety and in the event of a reportable spill. Processing: The material will be dry screened or not screened at all and transported offsite by truck. The processing area will be located on the south side of the site in Cell 8. Import Material: The Operator may import material from and export material to other sites. The applicant is aware that in accordance with Rule 3.1.5(9) of the Construction Material Rules and Regulations, if any offsite material is used as backfill, a notarized letter will be submitted to the Division indicating the materials are inert. The applicant will supply such a letter to the Division if, at the time of Reclamation, the applicant intends to use off -site material as backfill. (b) Earthmoving; Topsoil and overburden will be stripped with scrapers or bulldozers and stockpiled in segregated piles at the edge of the active mine phase or as described above and shown in Figure C-6. Excavators, front-end loaders, and bulldozers will be used to excavate the material. Haul trucks will be utilized to transport the raw material from the active mine phase to the processing area. See Exhibit C-6 for a cross-section of side -slope mining; mining will take place at a 3 to 1 mine slope and reclaimed at a 3:1 reclamation slope. The Miner may, in the future, decide to mine at a 1.5 to 1 slope and reclaim with a 4:1 slope in which case the Section 20 — Gravel Mine — MLRB 112 Permit Amendment Exhibit D - 3 mine plan will be updated through the Technical Revision process. Since the Miner forsees this as a possibility, the slope stability analysis was conducted at the worst case scenario of a 1.5 to 1 mine slope. (c) All water diversions and impoundments; Storm water will be discharged per a CDPHE discharge permit. There are no planned diversions or impoundments of existing water bodies. A wash cycle for the aggregate processing area will be established using the freshwater pond as a source and the silt pond for return flow, with natural groundwater filtration between the source pond and the return pond. Any water consumed will be provided by the existing water rights associated with the property and/or a groundwater well with associated substitute water supply plan (see Exhibit G). (d) The size of area(s) to be worked at any one time. Each phase is approximately 25-30 acres in size. The Operator will mine multiple phases concurrently in order to obtain a range of material for production. In addition to mining, the Operator, will begin reclaiming slopes as mining is finished in each stage. Since multiple phases will be being worked at any one time, the approximate size of the areas to be worked at any one time will range from 25 acres to 120 acres and will depend on market conditions. (e) An approximate timetable to describe the mining operation. The timetable is for the purpose of establishing the relationship between mining and reclamation during the different phases of a mining operation. The Operator anticipates that mining will commence as soon as all permits are in place. The Operator anticipates extracting approximately 2,000,000 tons of aggregate in a typical year, up to 3,000,000 tons at peak capacity. Production rate will vary based on market demands. Section 20 - Gravel Mine — MLRB 112 Permit Amendment Exhibit D - 4 Timetable for Mining and Reclamation MINING AND RECLAMATION TIMETABLE YEAR MINING PHASE RECLAMATION PHASE 1 CELL 1 CELL 2(PHASE 1) CELL 8(PHASE 1&2) OB 2 CELL 3(PH-1) 3 CELL 3(PH-2) CELL 3(PH-1) 4 CELL 3(PH-3) CELL 3(PH-2) 5 CELL 4(PH-1) CELL 3(PH-3) 6 CELL 4(PH-2) CELL 4(PH-1) 7 to 8 CELL 4(PH-3) CELL 4(PH-2) CELL 2(PH-2) 9 CELL 5N(PH-1) CELL 4(PH-3) 10 CELL 5N(PH-2) CELL 5N(PH-1) 11 CELL 5N(PH-3) CELL 5N(PH-2) 12 CELL 5S(PH-1) CELL 5N(PH-3) 13 CELL 5S(PH-2) CELL 5S(PH-1) 14 CELL 5S(PH-3) CELL 5S(PH-2) 15-16 CELL 5S(PH-4) CELL 5S(PH-3) CELL 2(PH 3) 17 CELL 6(PH-1) CELL 5S(PH-4) 18 CELL 6(PH-2) CELL 6(PH-1) 19 CELL 6(PH-3) CELL 6(PH-2) 20 CELL 6(PH-4) CELL 6(PH-3) 21 CELL 7(PH-1) CELL 6(PH-4) 22 CELL 7(PH-2) CELL 7(PH-1) 23 CELL 8(PH-1)CS ONLY+ CELL 7(PH-2) 24 CELL 8(PH-2)CS ONLY+ Cell 8(PH-1) 25 Cell 8(PH-2) (t) Use Mining Plan Map in conjunction with narrative to present: (i.) Nature, depth and thickness of the deposit and thickness and type of overburden to be removed Overburden consists mainly of silty fine grain sand transitioning to sandy silt. Overburden thickness varied across the site from non-existent in the southwest corner to 15 feet thick in the southeast. Section 20 - Gravel Mine - MLRB 112 Permit Amendment Exhibit D - 5 The aggregate reserves at the site consist mainly of gravelly sand which grades to sandy gravel, usually becoming more gravelly with depth. Some cobble units (grain size 4" or greater) were encountered at the site; mainly consisting of a few feet overlaying bedrock. Aggregate unit thickness varied from 35 feet in BH-36 in the northern side of the site to 72.5 feet in BH-27 in the eastern side of the site. There is a large contiguous clay seam that encompasses almost the entire site. The clay seam varies from only 1 foot of thickness in the northwest to 23 feet of thickness in the southeast corner of the site. (ii.) Nature of the stratum immediately beneath the material to be mined in sedimentary deposits Depth to bedrock ranges from 39.5 feet in BH-38 in the northeast corner of the site to 97.5 feet in BH-41 in the southeast corner of the site. The bedrock encountered at the site consists of wet brown weathered claystone in the first 6 inches to 1 foot which transitioned in to moist to dry, olive to grey claystone with further depth. (g) Identify the primary and secondary commodities to be mined/extracted and describe the intended use. The primary commodities are sand, gravel and fill; intended for construction materials. (h) Name and describe the intended use of all expected incidental products to be mined/extracted by the proposed operation. (i) (i) Gold may be extracted as an adjunct component of any wash equipment installed at the site. Specify if explosives will be used in conjunction with the mining (or reclamation) No explosive material will be used on -site. 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 affected lands and permitted acreage. Affected land shall not include off -site roads which existed prior to the date on which notice was given or permit application was made to the office and which were constructed for purposes unrelated to the proposed mining operation and which will not be substantially upgrades to support the mining operation. Describe any assocated drainage and runoff conveyance structures to include sufficient information to evaluate structure sizing. The affected land and permitted acreage is inclusive of over one and one-half miles of land directly abutting public roadways; there is no need for any additional driveways, and on -site haul roads will be incidental to mining areas depicted on the Mining Plan Map. No roadways are affected by the mining operation other than access roads within the permit boundary and existing public roads to the site. The Operator will apply for a Weld County Access Permit for the site. Section 20 - Gravel Mine — MLRB 112 Permit Amendment Exhibit D - 6 EXHIBIT E EXHIBIT E - RECLAMATION PLAN This information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.5 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: The proposed mining and reclamation plan focuses on minimizing the ecological impacts of mining, minimizing the length of time of impact, and maximizing long-term benefits. (a) A description of the type(s) of reclamation the Operator proposes to achieve in the reclamation of the affected land, why each was chosen, the amount of acreage accorded to each, and a general discussion of methods of reclamation as related to the mechanics of earthmoving; The majority of the site (Cell 3 through Cell 8) will be reclaimed to lined water storage reservoirs due to a need within the county and state for water storage facilities. The mined area in the silt pond(approximately 30 acres) and the southwest corner of Cell 6(approximately 22 acres) may be backfilled and used as future commercial sites or may be converted to a water storage facility if economically feasible and sufficient void space exists at the completion of mining. Refer to Exhibit F for the acreages of each cell and additional details. Earthmoving Topsoil mined while establishing the plant sites and establishing the Fresh Water Pond and Siltation Pond will be placed in a berm along the north-west corner of the site. The bermed topsoil will be used in final reclamation of the siltation pond, the vegetated areas around Cell 8, and any other locations requiring topsoil during final reclamation. Topsoil mined in later phases will be placed in the topsoil stockpiles shown in Figure C-6. Topsoil from these stockpiles will be used to reclaim vegetated areas over the rest of the site. Topsoil may be replaced by a scraper or haul truck, excavator and bulldozer, and will generally be graded with a blade. All grading will be done in a manner that controls erosion and siltation of the affected lands, to protect areas outside the affected land from slides and other damage. Reclamation in each phase will begin as soon as mining in that phase is completed. Overburden and clay seam materials will be removed from mining phases and placed near reclamation phases or directly in the reclamation slope. If no reclamation phase is open, overburden and clay materials will be stockpiled in one of the stockpile locations shown in Figure C-5. All disturbed areas will be regraded and smoothed to a finished grade that is suitable for revegetation or the final land use. (b) A comparison of the proposed post -mining land use to other land uses in the vicinity and to adopted state and local land use plans and programs. The water storage reservoirs will be compatible with the other land uses in the vicinity, which includes farmland, industrial land, and rural residential. Municipal boundaries have Section 20— Gravel Mine — NLRB 112 Permit Application Exhibit E -1 approached the vicinity of the site and represent a growing need for both construction materials and water storage facilities. (c) A description of how the Reclamation Plan will be implemented to meet each applicable requirement of Section 3.1. The Operator will carry reclamation to completion with reasonable diligence. Each phase of reclamation will be generally completed within one to two years from completion of mining, but not more than five years from the date the Operator informs the Board or Office that final reclamation has commenced. Section 3.1.5 Reclamation Measures Material Handling: Grading will be performed to help control erosion and siltation of the affected lands through phased mining, implementing good operation techniques to handle material as little as possible, and vegetation of stockpiles remaining in place for more than one growing season. Although the use of erosion protection devices is not anticipated, if deemed necessary by the operator at the time of excavation, silt fence, haybale dams or other erosion control devices will be installed. Backfilling and grading will be completed as soon as feasible after the mining process is complete for each phase. Maximum slopes and slope combinations will be compatible with the configuration of surrounding conditions and selected land use. Mining will occur at a slope that is stable. Reclaimed slopes in the water storage reservoir will not be steeper than a 3:1 ratio and will be reclaimed at a 4:1 ratio for the slurry wall lined cells mined at 1.5:1 ratio. The upland area will be reclaimed to grades consistent with pre -mining drainage patterns. The operator will backfill using fill material generated on -site, or imported inert fill generated outside the permit area. If any inert off -site material is used as backfill, a notarized letter will be submitted to the Division as required by Section 3.1.5(9) of the MLRB Construction Material Rules and Regulations. It is not anticipated that mining will uncover any refuse or acid-forming or toxic producing materials, however if any such materials are encountered the operator will take precaution to handle the materials in a manner that will control unsightliness and protect the drainage system. Drill or auger holes that are part of the mining operation shall be plugged with non- combustible material, which shall prevent harmful or polluting drainage. Any test pits, soils boring holes, or monitoring wells not located within the mine excavation limits will be plugged as soon as it can be confirmed that they are no longer needed for the operation. Mined material to be disposed of within the affected area will be handled in such a manner to prevent any unauthorized release of pollutants to the surface drainage system. No unauthorized release of pollutants to groundwater shall occur from any materials mined, handled or disposed of within the permit area. Section 20— Gravel Mine — MLRB 112 Permit Application Exhibit E - 2 Section 3.1.6 Water -General Requirements: The Operator will comply with applicable Colorado water laws governing injury to existing water rights and with applicable state and federal water quality and dredge and fill laws and regulations. The operator will develop and comply with a stormwater management plan and will use best management practices (BMPs) to ensure groundwater and surface water are protected to the greatest possible extent. BMPs include schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the pollution in runoff from the site. Section 3.1.7 Groundwater - Specific Requirements: The Operator will comply with the applicable standards and conditions for classified and unclassified groundwater. Section 3.1.8 Wildlife: The mining and reclamation plans have been designed to account for the safety and protection of wildlife on the mine site. The Operator will mine the site in phases and use concurrent reclamation methods to minimize the impact on wildlife. The proposed reclamation plan may improve wildlife habitat. The proposed seed mix and plantings will create improved cover, foraging, roosting, and nesting areas for wildlife. The water area within the reservoir will serve as habitat for waterfowl and other bird species and the fringes of the reservoir will be used by mammal, bird, reptile and amphibian species. Control and/or removal of noxious and weedy species during the project and the introduction of desirable graminoid, forb and potential woody species during reclamation will result in enhancement of wildlife habitat on the project site. Section 3.1.9 Topsoiling: Topsoil shall be removed and segregated from other spoil. Topsoil stockpiles shall be stored in places and configurations to minimize erosion and located in areas where disturbance by ongoing mining operations will be minimized. Once stockpiled, topsoil shall be re -handled as little as possible. Stockpiles that will remain in place for more than one growing season will receive vegetative cover. Section 3.1.10 Revegetation: In those areas where revegetation is part of the reclamation plan, the land shall be revegetated in a manner that establishes a diverse, effective, and long-lasting vegetative cover that is capable of self -regeneration without continued dependence on irrigation or fertilizer and is at least equal in extent of cover to the natural vegetation of the surrounding area. These areas are relatively minimal given the water development reclamation plan for the site. The proposed seed -mix and plantings for reclamation are outlined on the Reclamation Plan included in Exhibit F of this application. Section 20— Gravel Mine — MLRB 112 Permit Application Exhibit E - 3 Section 3.1.11 Buildings and Structures: There are two existing homes located within the perimeter of the permit boundary. The house on the western edge of the property, off of Highway 66, will be utilized as an office. A shop may be built adjacent to the office. This area will be mined out in the final phase and will be incorporated into Cell 8. The home on the eastern boundary of the site will be dismantled and the area will be incorporated into Cell 4. An aggregate processing plant, a concrete batch plant and an asphalt plant will be located at the site during the duration of mining operations. These structures will be removed and the areas below mined out prior to final reclamation. The plant structures are shown on Figure C-6. Conveyors will be constructed at the site to move material from the cells to the processing plant. Section 3.1.12 Signs and Markers: The Operator will post appropriate signage at the entrance to the mine site. The permit area will be marked by fencing, or proximity to existing County roads. (d) Plans for topsoil segregation, preservation and replacement; for stabilization, compaction and grading of spoil; and for revegetation. Topsoil will be removed and segregated from other spoil. Topsoil not needed for reclamation may be sold or removed from the site. For reclamation, topsoil will be replaced by a scraper and generally graded with a blade. Grading shall be done in a manner that controls erosion and siltation of the affected land and protects areas outside the affected land from slides and other damage. In addition, backfilling and grading shall be completed as soon as feasible after the mining process. Final grading will create a final topography that is appropriate for the final land use. For example, final grading of the reservoir above the high water line will replace material no steeper than 3:1 slope to meet the grade at the top of the banks. For cells mined at greater than a 3:1 slope, the slopes will be reclaimed at a 4:1 slope to meet existing grade. Topsoil will be uniformly placed and spread on areas disturbed by the mining, above the anticipated high water line. The minimum thickness shall be 6 inches above the surrounding finished grade. The topsoil shall be keyed to the underlying and surrounding material by the use of harrows, rollers or other equipment suitable for the purpose. In those areas where revegetation is part of the reclamation plan, the Operator will revegetate the land in such a manner to establish a diverse, effective, and long-lasting vegetative cover that is capable of self -regeneration without continued dependence on irrigation or fertilizer and is at least equal in extent of cover to the natural vegetation of the surrounding area. Seed will be drilled and mulched. Section 20- Gravel Mine — MLRB 112 Permit Application Exhibit E - 4 The revegetation seeding and plant list on the Reclamation Plan Map contains the preferred species of grasses, shrubs and trees to be planted. Seeding will take place once final grading and replacement of topsoil have been completed for each phase. Timing of seeding will be consistent with standard horticultural practice for dryland applications - generally between late September and the middle of April to ensure there is adequate moisture for germination. (e) A plan or schedule indicating how and when reclamation will be implemented. Include: i. An estimate of the periods of time which will be required for the various stages or phases of reclamation. Reclamation for any given stage of mining may take up to five years to allow for successful revegetation. Please refer to the Timetable for Mining and Reclamation in Section (e) of Exhibit D. ii. A description of the size and location of each area to be reclaimed during each phase. Please refer to the Reclamation Plan Map (Exhibit F). iii. Outlining the sequence in which each stage or phase of reclamation will be carried out. Please refer to the Timetable for Mining and Reclamation in Section (e) of Exhibit D. (f) A description of: L Final grading — maximum anticipated slope gradient or expected ranges thereof; The finished slopes of the reservoir will be no steeper than 3:1 for slopes mined at a 3:1. If slopes were mined at a steeper slope, the slope will be reclaimed with a 4:1 clay liner. ii. Seeding — types, mixtures, quantities and time of application; Please refer to the Reclamation Plan Map for the list of plant materials and seeds to be utilized. The operator will seed during the appropriate season to ensure adequate moisture for germination and implement weed controls to allow the grasses to successfully establish. Additional plantings may be installed once the reservoirs are full of water and the grasses are established. iii. Fertilization — types, mixtures, quantities, and time of application; The type and application rate of fertilizer shall be determined based on a soil test at the time of final reclamation. iv. Revegetation — types of trees, shrubs, etc.; The site is historically flood irrigated farmland. The site will be revegetated with an upland grass seed mix in areas that are above the highwater line or are graded back to native grade. Section 20— Gravel Mine — MLRB 112 Permit Application Exhibit E - 5 v. Topsoiling — specify anticipated minimum depth or range of depths for those areas where topsoil will be replaced. Topsoil will be uniformly placed and spread on all areas disturbed by the mining above the anticipated high water line and areas graded back to native grade. The minimum thickness shall be 6 inches above the surrounding finished grade. WEED MANAGEMENT PLAN The Operator will monitor and control noxious weeds as they appear. The Operator typically prefers to control weeds mechanically, by mowing and/or discing. If necessary, weeds will be killed with a contact herbicide. Section 20— Gravel Mine — MLRB 112 Permit Application Exhibit E - 6 EXHIBIT F I Call TRW. [WA A.... MD 31 SLOPE I TIMELY. 111.1.111.1.. IIASED 1611 65 12 11 IS 11 21 MINIMS PHAS1 CELL I CELLN31us1I) C1u1131u5E1u100 CUL 1137-11 caL4x1611 carRE7-11 CUL437-11 11430 u CELL 401111 CELL 41P14.11 0114(71111 01054(01X4 CELL 131111-0 0011 34 P11 11 72110*011 01181PH 4 CF 14344 LOU f(111.1.11 CPU 113H. ) 102041 7311717441 1071709 0012170 210041? 0(111(72.4100517 010371701007014 11201025 RECLAMATION PHASE 14455 7,.176 16L,1 114342 PAl 19,412 04107 126111 711643 3171110 EM036 OS EIS N;161 86.301 x201 11-11 .1 917 127..1 0;111 145,074 73.105 14101 all 3(7)111 QLL1117-11 a1141111-31 14117-1) COL 4137-21 CELL 4(114-11 CELL 14(71.,1 0 4-SNIP0 A 4105X17031 0118177-21 180721 415507-11 0(15471X+1 CELL NM 11 M141%31 01140041 4107(071) 411110 21 x11117011 041 11009 .0,uaras3Nw11 POW. 1140.01.011..1.1 CIVIL RC5'VURCES s[4 ST3Ef2 ialu, Cn 24410 S 1415 1„141 E2VIIdE5D13739 CDH RED TIERRA EQUmE5 LLC • SECTION 20 GRAVEL MINE DRMS 112 PERMIT APPLICATION 0.0111/110 RECLAMATION PLAN AND TIMELINE u1R F-1 WELD COUNTY CO INTE EXHIBIT G 0 I_ o O 'SL 0 0 1/ — AID VMS kte14141 Wr4, .41.044 -• ..11Ca .r.. II.FI„ C ails Mon argil or a is W,. , MAP - Satan CO w nwn .rfw 6 l�r Li .a,.— Wll WlA/ IA,r Annnr - (MIMI LL[ 0 U n C Q E] ...... i = — ML9 a. ...IAPP..— ION. a -4- n I I I I I I J 0 O U Wu/ P. W... 4 • Iti as I RI Ml Know what\ below. Call before you dig. Co'Vemp..135) Chill RE 5+lI N t I 323 5th STREET P.O. Box 680 RUDER ICK,CO 80530 303.833.1416 W WW.CIV ILRESOURCES.COM RED TIERRA EQUITIES 1101 t PRtNTEct AVE ,120 G•tINWOOD VILLAGE. CO Sc::: )O). 77I.1COS(O; CONTACT DREW DAMIANO SECTION 20 DRMS 112 RECLAMATION PERMIT GILCREST, COLORADO REVISIONS NO DESCRIPTION DATE DESIGNED Iv butt DRAWN Iv AL cNECxtO iv LLM DATE 1Vlu2DJ1 SCI4EAS NOTED AS NOTED ION NO. )➢).➢➢1.➢S DWG N AMLQILCREST•AREA•GEOLOGY.DWQ WELLS WITHIN 600 FEET OF PERMIT BOUNDARY EXHIBIT G-2 EXHIBIT S - PERMANENT MAN-MADE STRUCTURES The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.19 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations. Where mining will adversely affect the stability of any significant, valuable or permanent man-made structure located within 200 feet of affected land, the applicant may either: a) Provide a notarized agreement between the applicant and the person(s) having an interest in the structure, that the applicant is to provide compensation for any damage to the structure; or b) The applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation: or c) Where the structure is a utility, the Applicant may supply a notarized letter stating that the mining and reclamation as proposed will have no negative effect on their utility. The known, permanent, man-made structures within 200 feet of the proposed mine areas are shown on Exhibit C-3. The permittee will notify all structure owners with a structure agreement and will perform an engineering stability analysis even if a structure agreement cannot be reached. Section 20 Gravel Mine — MLRB 112 Permit Application Exhibit S -1 EXHIBIT H Exhibit H - Wildlife Information Wildlife Assessment Site Description Savage and Savage biologists conducted an on -site wildlife assessment for the proposed Red Tierra Equities project site on October 26, 2021. The project site is comprised of an approximately 650 acre site within Section 20 of Township 4 North, Range 66 West of the 6th PM, Weld County, Colorado. The center of the project site is located at 40.297143° latitude and -104.801470° longitude. The property is located west of Gilcrest, Colorado between Colorado Highway 60 on the west, Weld County Road 44 on the north, Weld County Road 29 on the east, and Weld County Road 42 on the south (Figure 1.). The project site is accessed from any of the above roads. Weather during the site investigation was warm, dry, and clear with a temperature in the mid -60's (°F). The topography of the site is dominated by the primary alluvial terrace of the South Platte River. The elevation of the center of the project area is 4760 feet and slopes gently to the west toward the river. The soils that dominate the site are formed from alluvium, with the predominant soils being sandy loams and loam and are underlain by aggregate with varying groundwater levels (USDA, 1981). The significant hydrologic feature near the site is the South Platte River. The project site has been developed for irrigated agriculture, oil and gas production, and a solar energy array, with little native vegetation remaining. The project site has no tree canopy or shrub understory, with the only trees and shrubs located within the yards of homesteads at the edge of the agricultural fields. Agriculture within the project site is irrigated by pivot and flood irrigation methods. Only one vegetation community or type is found within the proposed Red Tierra Equity project site: irrigated agriculture, either flood or pivot -irrigated. Significant Wildlife Resources Tables 1, 2, and 3 list wildlife species that potentially occur on -site according to the Colorado Distribution Latilong Studies (CDOW, 1981, 1990, 1998). The latilong studies address mammals, birds, reptiles, and amphibians. A further review of wildlife species for which the Colorado Division of Parks and Wildlife has distribution maps on the Colorado Oil and Gas Conservation Commission web site (http://cogcc.state.co.us/infosys/Maps/wildlifemap.cfm) did not reveal any sensitive wildlife habitat or surface restricted occupancy areas within or immediately adjacent to the project site (Figure 1.). The closest wildlife feature of significance to the project site is a bald eagle nest and buffer zone located approximately 2200 feet west of the closest project site boundary. Exhibit H Page 1 During the on -site investigation only one wildlife species was observed within and adjacent to the project site. A great blue heron (Ardea herodias) was seen flying over the project site. No tracks, scat, nests or other secondary wildlife indicators were observed during our inspection. Seasonal Use The mammal species that potentially occur on -site are expected to be year-round residents or users of the site. The carnivore and ungulate species are not restricted to this site and tend to have relatively large home ranges (up to several square miles). The majority of rodent and insectivore species can be expected to reside on -site throughout the year, though many may hibernate during the cold months. Avian species may be year-round, temporary migrants, or summer residents of the site. Year-round residents would include the waterfowl, raptors, gallinaceous birds, pigeons, owls, and woodpeckers. The majority of the shorebirds and passerines would use the site during the spring, summer, and fall for feeding or resting during migration. Amphibian and reptile species of the site are year-round residents. Threatened and Endangered Species and Critical Habitat Potential habitat for the Preble's meadow jumping mouse was evaluated based on results of a search of potentially occurring threatened or endangered species on the U.S. Fish and Wildlife Service web site for Weld County. Additionally, bald eagle (Haliaeetus leucocephalus) nest locations and winter night roost locales were evaluated from the Colorado Oil and Gas Conservation Commission (COGCC) web site map of sensitive wildlife habitat and restricted surface occupancy areas for protected wildlife species. No potential habitat exists for the Preble's meadow jumping mouse within the project site. As the proposed project location is not within or adjacent to the riparian corridor and does not include disturbance to potential Preble's meadow jumping mouse critical habitat, the potential for impacts to the mouse are negligible, and no further evaluation was undertaken. No eagles or nests were observed during our investigation of the site. The map of significant wildlife habitat from COGCC identified a bald eagle nest site and accompanying buffer zone; however, it is located over 2200 feet west of the closest proposed project site boundary. Two bald eagle winter night roost areas were located along the South Platte River; however, the winter roost boundaries are from 0.75 to 1.75 miles from the project site. Burrowing owls (Athene cunicularia), a species of concern in Colorado, occupy abandoned prairie dog holes on the outskirts of prairie dog colonies. No prairie dog Exhibit H Page 2 colonies were found within the project site, nor was evidence of burrowing owls observed. Project Effects to Wildlife The Red Tierra Equity project site is proposed for aggregate material extraction and shipment to end users from the project site. Noise and air emissions during mining will cause a temporary disturbance to wildlife. Species such as raccoons, coyotes, deer, and raptors will continue to use the riparian corridor during mining operations and the site itself when operations are not active. Bird species will use the periphery of the site and the site itself opportunistically, if prey or food species are present. The proposed project will extract aggregate and leave more varied topography within the site. Permanent reclamation of the site will entail grading, respreading topsoil, and seeding and planting perennial species that will support wildlife. The mining and reclamation will create a more diverse habitat than is currently present. Any areas of open water will sustain additional species of reptiles and amphibians as well as shorebirds and waterfowl. The addition of any water will create fringe environments favorable to predatory mammals and raptors, as well as food and water sources for herbivores. With the planting of additional trees and shrubs, additional strata and vegetation layers will be added to the site, creating improved cover, foraging, roosting, and nesting areas for wildlife. Exhibit H Page 3 Literature Cited Colorado Division of Wildlife. 1981 Ed. Colorado Reptile and Amphibian Distribution Latilong Study. Colorado Division of Wildlife and The Denver Museum of Natural History. 1990 Ed. Colorado Mammal Distribution Latilong Study. Colorado Division of Wildlife in cooperation with the Colorado Field Ornithologists. 1998 Ed. Colorado Bird Distribution Latilong Study. Colorado Oil and Gas Conservation Commission. 2021. Web Map. (https://cogccmap.state.co.us/cogcc_gis_online/) U.S. Department of Agriculture, Soil Conservation Service. 1981. Soil Survey if Weld County, Colorado: Southern Part. Exhibit H Page 4 Active Bald EaglJ Nests Buffer r" Bald Eagle Winters oost Area I:xhihit I I Bald Eagle Winter Roost Area Page 5 Table 1. Mammal Species Potentially Inhabiting the Red Tierra Equity Project Site Classification/Common Name Scientific Name Preferred Habitat Marsupials Virginia Opossum I Didelphis virginiana I Ag, Cr Carnivores Coyote Canis latrans All types Swift Fox Vulpes velox Ag Red Fox Vulpes vulpes Ag Raccoon Procyon lotor Ag Long-tailed Weasel Mustela nigripes Ag, Cr Striped Skunk Mephitis mephitis Ag, Cr Ungulates Mule Deer Odocoileus hemionus Ag White-tailed Deer Odocoileus virginianus Ag, Cr _ Rodents Wyoming Ground Squirrel Spermophilus elegans Ag Black -tailed Prairie Dog Cynomys ludovicianus Ag Northern Pocket Gopher Thomomys talpoides Ag Plains Pocket Gopher Geomys bursarius Ag Western Harvest Mouse Reithrodontomys megalotis Ag Deer Mouse Peromyscus maniculatus Ag, Cr Northern Grasshopper Mouse Onychomys leucogaster Cr Prairie Vole Microtus ochrogaster Ag Norway Rat Rattus norvegicus Cr House Mouse Mus musculus Cr Porcupine Erethizon dorsatum Ag Insectivores Least Shrew I Cryptotis parva I roadsides Habitat Types Ag Agriculture Cr Croplands Exhibit H Page 6 Table 2. Breeding Bird Species Potentially Inhabiting the Red Tierra Equity Project Site Classification/Common Name Scientific Name Preferred Habitat Waterfowl Mallard IAnas platyrhynchos I Cr Vultures and Raptors Northern Harrier Circus cyaneus Cr Swainson's Hawk Buteo swainsoni Ag Red-tailed Hawk Buteo jamaicensis Ag Ferruginous Hawk Buteo regalis Ag Golden Eagle Aquila chrysaetos Ag American Kestrel Falco sparverius Ag Gallinaceous Birds Ring-necked Pheasent Phasianus colchinus Ag Wild Turkey Meleagris gallopavo Ag Northern Bobwhite Colinus virginianus Ag Shorebirds Killdeer Charadrius vociferous Ag, Cr Long -billed Curlew Numenius americanus Cr Wilson's Phalarope Phalaropus tricolor Cr Pigeons and Doves Rock Dove Columba livia Ag Mourning Dove Zenaida macroura Ag, Cr Owls Common Barn -Owl Tyto alba Ag Eastern Screech -Owl Otus asio Ag Great Horned Owl Bubo virginianus Ag Short -eared Owl Asio flammeus Ag Woodpeckers Lewis' Woodpecker Melanerpes lewis Ag Red-headed Woodpecker Melanerpes erythrocephalus Ag Passerines Say's Phoebe Sayornis saya Ag Cassin's Kingbird Tyrannus vociferans Ag Western Kingbird Tyrannus verticalis Ag Eastern Kingbird Tyrannus tyrannus Ag Northern Rough -winged Swallow Stelgidopteryx serripennis Ag Bank Swallow Riparia rparia Ag Cliff Swallow Hirundo pyrrhonota Ag Barn Swallow Hirundo rustica Ag Blue Jay Cyanocitta cristate Ag Exhibit H Page 7 Table 2. continued Breeding Bird Species Potentially Inhabiting the Red Tierra Equity Project Site Classification/Common Name Scientific Name Preferred Habitat Black -billed Magpie Pica pica Ag American Crow Corvus brachyrynchos Ag American Robin Turdus migratorius Ag Northern Mockingbird Mimus polyglottos Ag Brown Thrasher Toxostoma rufum Ag Cedar Waxwing Bombycilla cedorum Ag European Starling Sturnus vulgaris Ag Yellow Warbler Dendroicapetechia Ag Bobolink Dolichonyx oryzivorus Cr Red -Winged Blackbird Agelaius phoeniceus Ag Western Meadowlark Sturnella neglecta Cr Brewer's Blackbird Euphagus cyanocephalus Ag Common Grackle Quiscalus quiscula Ag Brown -headed Cowbird Molothrus ater Ag Orchard Oriole Icterus spurius Ag Northern Oriole Icterus galbula Ag American Goldfinch Carduelis tristis Ag House Sparrow Passer domesticus Ag Habitat Types Ag Agriculture Cr Croplands Exhibit H Page 8 Table 3. Reptile and Amphibian Species Potentially Inhabiting the Red Tierra Equity Project Site Classification/Common Name Scientific Name Preferred Habitat Amphibians Salamanders Tiger Salamander IAmbystoma tigrinum I all types Toads and Frogs Great Plains Toad Bufo Cognatus Ag Woodhouse's Toad Bufo woodhousei woodhousei Ag Boreal Chorus Frog Pseudacris triseriata maculata Ag Reptiles Lizards Northern Earless Lizard I Holbrookia maculata maculata I Ag Skinks Northern Many -lined Skink IEumeces multivirgatus multivirgatus I Ag Snakes Eastern Yellowbelly Racer Coluber constrictor flaviventris Ag Plains Hognose Snake Heterodon nasicus nasicus Ag Milk Snake Lampropeltis triangulum Ag Bullsnake Pituophis melanoleucus sayi Ag Habitat Types Ag Agriculture Cr Croplands Exhibit H Page 9 EXHIBIT USDA United States Department of Agriculture N RCS Natural Resources Conservation Service A product of the National Cooperative Soil Survey, a joint effort of the United States Department of Agriculture and other Federal agencies. State agencies including the Agricultural Experiment Stations, and local participants Custom Soil Resource Report for Weld County, Colorado, Southern Part August 31, 2021 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=nrcs) 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 1—Altvan loam, 0 to 1 percent slopes 13 11—Bresser sandy loam, 0 to 3 percent slopes 14 29—Julesburg sandy loam, 0 to 1 percent slopes 15 30—Julesburg sandy loam, 1 to 3 percent slopes 16 39 —Nunn loam, 0 to 1 percent slopes 18 76 —Vona sandy loam, 1 to 3 percent slopes 19 References 21 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 MAP LEGEND Area of Interest (AOI) Area of Interest (AOl) Soils • Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features w Blowout Borrow Pit X Clay Spot Q Closed Depression • Gravel Pit Gravelly Spot O Landfill A. Lava Flow dig Marsh or swamp aiizi Mine or Quarry O Miscellaneous VVater O Perennial Water ayyo Rock Outcrop + Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip Sodic Spot 33. O 0 03 A it Spoil Area Stony Spot Very Stony Spot Wet Spot Other Special Line Features Water Features Streams and Canals Transportation +44 Rails rn. Interstate Highways US Routes Major Roads Local Roads Background . Aerial Photography MAP INFORMATION The soil surveys that comprise your AOI were mapped at 1:24,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Weld County, Colorado, Southern Part Survey Area Data: Version 19, Jun 5, 2020 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Jul 19, 2018 —Aug 10, 2018 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background 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 AOl Percent of AOl 1 Altvan loam, 0 to 1 percent slopes 14.0 1.8% 11 Bresser sandy loam, 0 to 3 percent slopes 23.6 3.0% 29 Julesburg sandy loam, 0 to 1 percent slopes 613.0 77.5% 30 Julesburg sandy loam, 1 to 3 percent slopes 123.7 15.6% 39 Nunn loam, 0 to 1 percent slopes 13.9 1.8% 76 Vona sandy loam, 1 to 3 percent slopes 2.9 0.4% Totals for Area of Interest 791.0 100.0% 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 11 Custom Soil Resource Report was impractical to make enough observations to identify all the soils and miscellaneous areas on the landscape. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The objective of mapping is not to delineate pure taxonomic classes but rather to separate the landscape into landforms or landform segments that 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 1—Altvan loam, 0 to 1 percent slopes Map Unit Setting National map unit symbol: 361j Elevation: 4,500 to 4,900 feet Mean annual precipitation: 14 to 16 inches Mean annual air temperature: 46 to 48 degrees F Frost -free period: 130 to 150 days Farmland classification: Not prime farmland Map Unit Composition Altvan and similar soils: 90 percent Minor components: 10 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Altvan Setting Landform: Terraces Down -slope shape: Linear Across -slope shape: Linear Parent material: Old alluvium Typical profile H1 - 0 to 10 inches: loam H2 - 10 to 25 inches: clay loam H3 - 25 to 60 inches: gravelly sand Properties and qualities Slope: 0 to 1 percent Depth to restrictive feature: More than 80 inches Drainage class: Well 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: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 5 percent Available water supply, 0 to 60 inches: Low (about 5.7 inches) Interpretive groups Land capability classification (irrigated): 3s Land capability classification (nonirrigated): 4e Hydrologic Soil Group: B Ecological site: R067BY002CO - Loamy Plains Hydric soil rating: No Minor Components Cascajo Percent of map unit: 9 percent Hydric soil rating: No 13 Custom Soil Resource Report Aquic haplustolls Percent of map unit: 1 percent Landfomr. Swales Hydric soil rating: Yes 11—Bresser sandy loam, 0 to 3 percent slopes Map Unit Setting National map unit symbol: 2sw10 Elevation: 4,050 to 6,800 feet Mean annual precipitation: 12 to 18 inches Mean annual air temperature: 45 to 55 degrees F Frost -free period: 135 to 190 days Farmland classification: Prime farmland if irrigated and the product of I (soil erodibility) x C (climate factor) does not exceed 60 Map Unit Composition Bresser and similar soils: 90 percent Minor components: 10 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Bresser Setting Landform: Drainageways Landform position (three-dimensional): Tread Down -slope shape: Linear Across -slope shape: Linear Parent material: Coarse sandy alluvium derived from igneous, metamorphic and sedimentary rock Typical profile Ap - 0 to 9 inches: sandy loam Bt - 9 to 25 inches: sandy clay loam BC - 25 to 30 inches: sandy loam C - 30 to 79 inches: loamy sand Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.60 to 2.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 10 percent Maximum salinity: Nonsaline (0.0 to 0.1 mmhos/cm) Available water supply, 0 to 60 inches: Low (about 5.8 inches) 14 Custom Sol Resource Report Interpretive groups Land capability classification (irrigated): 4e Land capability classification (nonirrigated): 4c Hydrologic Soil Group: B Ecological site: R067BY024CO - Sandy Plains Hydric soil rating: No Minor Components Truckton Percent of map unit: 5 percent Landform: Drainageways Landfomi position (three-dimensional): Tread Down -slope shape: Linear Across -slope shape: Linear Ecological site: R067BY024CO - Sandy Plains Hydric soil rating: No Vona Percent of map unit: 5 percent Landform: Stream terraces Landform position (three-dimensional): Tread Down -slope shape: Linear Across -slope shape: Linear Ecological site: R067BY024CO - Sandy Plains Hydric soil rating: No 29—Julesburg sandy loam, 0 to 1 percent slopes Map Unit Setting National map unit symbol: 3626 Elevation: 4,700 to 4,800 feet Mean annual precipitation: 15 to 19 inches Mean annual air temperature: 48 to 52 degrees F Frost -free period: 145 to 155 days Farmland classification: Prime farmland if irrigated and the product of I (soil erodibility) x C (climate factor) does not exceed 60 Map Unit Composition Julesburg and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Julesburg Setting Landform: Terraces Down -slope shape: Linear Across -slope shape: Linear Parent material: South platte river alluvium 15 Custom Soil Resource Report Typical profile H1 - 0 to 12 inches: sandy loam H2 - 12 to 27 inches: sandy loam H3 - 27 to 60 inches: sand Properties and qualities Slope: 0 to 1 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Very low Capacity of the most limiting layer to transmit water (Ksat): High (2.00 to 6.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Available water supply, 0 to 60 inches: Moderate (about 6.5 inches) Interpretive groups Land capability classification (irrigated): 2s Land capability classification (nonirrigated): 3e Hydrologic Soil Group: A Ecological site: R067BY024CO - Sandy Plains Hydric soil rating: No Minor Components Valent Percent of map unit: 4 percent Hydric soil rating: No Remmit Percent of map unit: 4 percent Hydric soil rating: No Edgar Percent of map unit: 4 percent Hydric soil rating: No Vona Percent of map unit: 3 percent Hydric soil rating: No 30—Julesburg sandy loam, 1 to 3 percent slopes Map Unit Setting National map unit symbol: 2tlpz Elevation: 4,200 to 4,320 feet Mean annual precipitation: 15 to 20 inches Mean annual air temperature: 46 to 52 degrees F Frost -free period: 144 to 163 days 16 Custom Soil Resource Report Farmland classification: Prime farmland if irrigated and the product of I (soil erodibility) x C (climate factor) does not exceed 60 Map Unit Composition Julesburg and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Julesburg Setting Landform: Interfluves Landform position (two-dimensional): Summit Landform position (three-dimensional): Interfluve Down -slope shape: Linear Across -slope shape: Linear Parent material: Eolian sands Typical profile A - 0 to 5 inches: sandy loam BA - 5 to 12 inches: sandy loam Bt1 - 12 to 30 inches: sandy loam Bt2 - 30 to 39 inches: sandy loam C - 39 to 80 inches: loamy sand Properties and qualities Slope: 1 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Very low Capacity of the most limiting layer to transmit water (Ksat): High (2.00 to 6.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Maximum salinity: Nonsaline to very slightly saline (0.1 to 2.0 mmhos/cm) Available water supply, 0 to 60 inches: Low (about 5.9 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonirrigated): 4s Hydrologic Soil Group: A Ecological site: R072XY111 KS - Sandy Plains Hydric soil rating: No Minor Components Haxtun Percent of map unit: 5 percent Landform: Interfluves, drainageways Landform position (two-dimensional): Summit Landform position (three-dimensional): Interfluve Down -slope shape: Linear Across -slope shape: Concave Ecological site: R072XY111 KS Sandy Plains Hydric soil rating: No 17 Custom Soil Resource Report Valent Percent of map unit: 5 percent Landform: Interfluves Landform position (three-dimensional): Interfluve Down -slope shape: Linear Across -slope shape: Linear Ecological site: R072XY109KS - Rolling Sands Hydric soil rating. No Manter Percent of map unit: 5 percent Landform: Interfluves Landform position (two-dimensional): Summit Landform position (three-dimensional): Interfluve Down -slope shape: Linear Across -slope shape: Linear Ecological site: R072XY111 KS - Sandy Plains Hydric soil rating: No 39 —Nunn loam, 0 to 1 percent slopes Map Unit Setting National map unit symbol: 2t1n3 Elevation: 3,900 to 6,250 feet Mean annual precipitation: 13 to 16 inches Mean annual air temperature: 46 to 54 degrees F Frost -free period: 135 to 160 days Farmland classification: Prime farmland if irrigated Map Unit Composition Nunn and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Nunn Setting Landform: Terraces Landform position (three-dimensional): Tread Down -slope shape: Linear Across -slope shape: Linear Parent material: Pleistocene aged alluvium and/or eolian deposits Typical profile Ap - 0 to 6 inches: loam Bt1 - 6 to 10 inches: clay loam Bt2 - 10 to 26 inches: clay loam Btk - 26 to 31 inches: clay loam Bk1 - 31 to 47 inches: loam Bk2 - 47 to 80 inches: loam 18 Custom Soil Resource Report Properties and qualities Slope: 0 to 1 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 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: 7 percent Maximum salinity: Nonsaline (0.1 to 1.0 mmhos/cm) Sodium adsorption ratio, maximum: 0.5 Available water supply, 0 to 60 inches: High (about 9.2 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonirrigated): 4c Hydrologic Soil Group: C Ecological site: R067BY002CO - Loamy Plains Hydric soil rating: No Minor Components Haverson, rarely flooded Percent of map unit: 10 percent Landform: Drainageways Down -slope shape: Linear Across -slope shape: Concave Ecological site: R067BY036CO - Overflow Hydric soil rating: No Heldt Percent of map unit: 5 percent Landform: Terraces Landform position (three-dimensional): Tread Down -slope shape: Linear Across -slope shape: Linear Ecological site: R067BY042CO - Clayey Plains Hydric soil rating: No 76 —Vona sandy loam, 1 to 3 percent slopes Map Unit Setting National map unit symbol: 363w Elevation: 4,600 to 5,200 feet Mean annual precipitation: 13 to 15 inches Mean annual air temperature: 48 to 55 degrees F Frost -free period: 130 to 160 days Farmland classification: Farmland of statewide importance 19 Custom Soil Resource Report Map Unit Composition Vona and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Vona Setting Landform: Terraces, plains Down -slope shape: Linear Across -slope shape: Linear Parent material: Alluvium and/or eolian deposits Typical profile HI - 0 to 6 inches: sandy loam H2 - 6 to 28 inches: fine sandy loam H3 - 28 to 60 inches: sandy loam Properties and qualities Slope: 1 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Very low Capacity of the most limiting layer to transmit water (Ksat): High (1.98 to 6.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 15 percent Maximum salinity: Nonsaline to slightly saline (0.0 to 4.0 mmhos/cm) Available water supply, 0 to 60 inches: Moderate (about 6.8 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonirrigated): 4e Hydrologic Soil Group: A Ecological site: R067BY024CO - Sandy Plains Hydric soil rating: No Minor Components Remmit Percent of map unit: 9 percent Hydric soil rating: No Olney Percent of map unit: 3 percent Hydric soil rating: No Julesburg Percent of map unit: 3 percent Hydric soil rating: No 20 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/ nrcs/detail/national/soils/?cid=nrcs142p2_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=nres 142p2_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=nres 142p2_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.nrcs.usda.gov/wps/portal/nrcs/detail/soils/ home/?cid=nrcs142p2_053374 United States Department of Agriculture, Natural Resources Conservation Service. National range and pasture handbook. http://www.nrcs.usda.gov/wps/portal/nrcs/ detail/national/landuse/rangepasture/?cid=stelprdb 1043084 21 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/ nrcs/detail/soils/scientists/?cid=nrcs142p2_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=nrcs142p2_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/Intemet/FSE_DOCUMENTS/nrcs142p2_052290.pdf 22 EXHIBIT J EXHIBIT J- Vegetation Information Site Description A Savage and Savage botanist and plant ecologist conducted an on -site vegetation assessment for the proposed Red Tierra Equities project site on October 26, 2021. The project site is comprised of an approximately 650 acre site within Section 20 of Township 4 North, Range 66 West of the 6th PM, Weld County, Colorado. The center of the project site is located at 40.297143° latitude and -104.801470° longitude. The property is located west of Gilcrest, Colorado between Colorado Highway 60 on the west, Weld County Road 44 on the north, Weld County Road 29 on the east, and Weld County Road 42 on the south (Figure 1.). The project site is accessed from any of the above roads. Weather during the site investigation was warm, dry, and clear with a temperature in the mid -60's (°F). The topography of the site is dominated by the primary alluvial terrace of the South Platte River. The elevation of the center of the project area is 4760 feet and slopes gently to the west toward the river. The soils that dominate the site are formed from alluvium, with the predominant soils being sandy loams (Julesburg and Bresser map units) and loam (Nunn map unit) and are underlain by aggregate with varying groundwater levels. The significant hydrologic feature near the site is the South Platte River. The project site has been developed for irrigated agriculture, oil and gas production, and a solar energy array, with very little native vegetation remaining. The project site has no tree canopy or shrub understory, with the only trees and shrubs located within the yards of homesteads at the edge of the agricultural fields. Agriculture within the project site is irrigated by pivot and flood irrigation methods. Only one vegetation community or type is found within the proposed Red Tierra Equity project site: irrigated agriculture, either flood or pivot -irrigated. Vegetation Community Irrigated Agriculture Agricultural fields within the project area were in various states of production during the on -site evaluation. The majority of the fields had been harvested for the season, and disked or tilled and left fallow, or replanted. The exception was the northwest quarter section which has been planted to specialty lettuce crops and was in the process of being harvested by variety (Figure 2.). Several fields within the project site have been planted to winter wheat, and germination of the crop was noted (Figure 3.) . Additional fields were noted to have been planted to corn during the 2021 season which has been harvested and the fields disked and tilled prior to anticipated planting. Several irrigation tailwater ponds are located within the project area. These ponds did not contain any native vegetation communities. One irrigation canal and a number of secondary irrigation ditches traverse the project site. None contain areas of native vegetation. Exhibit J Page 1 The Natural Resource Conservation Service soil survey reports yields for common crops (1980) as follows for the Julesburg, Bresser, and Nunn map units; alfalfa hay (5.5 tons/acre), sugar beets (23-24 tons/acre), corn (150-180 bushels/acre), corn silage (33-35 tons/acre), dry pinto beans (2400-2700 pounds/acre), onions (525-550 sacks/acre), and potatoes (325-350 hundredweight/acre). Threatened and Endangered Species and Critical Habitat Potential habitat for the Ute ladies' -tresses orchid (Spiranthes diluvialis), the sole threatened or endangered plant species known in the area, is not present within the project site. There are no subirrigated hay fields with native vegetation containing typical plant associates of the orchid. The current proposed project site does not include disturbance to Ute ladies' -tresses orchid potential critical habitat; therefore, no further evaluation was undertaken. Exhibit J Page 2 Figure 1. Red Tierra Equity Project Site Vegetation Types and Land Uses a a• • Land Uses ,,, Ag Agriculture amine` O/G Oil & Gas Production S Solar En&gy Array 41 Vegetation Types Cr Annual crops Google Earth Exhibit J _.N 4000 ft i 'As/ • i 4' Page 3 --I `•. s-• .'r. •J -...'' I • 1 - . -. • l., w.�' -,. '_:: `'�'. . - J ��! �f �s�. :�. .� � .. _I' yr. .Z —i .�� 1 �. • •Y' •tL lam'.��• r�v•y s!' 7%`t 1: -r .0 • .t - .r' ?°� �._. ,.. _-mss - Ci fi ; r { .. - A r apt. f.sae AMie-e-.aw Jew as1 • r.. �+� _„�(rM i► .-&--•- 04' , e - 4 !i / aree /r --- a. ..m • fr r ea e are..- a- . -. r • �� . - J _ - ,e• • me r • e' i s f' • ♦f Figure 2. Agricultural Field with Specialty Lettuce Crop (October 26, 2021) Figure 3. Agricultural Field Planted to Winter Wheat, (October 26, 2021) Exhibit J Page 4 EXHIBIT K EXHIBIT K - CLIMATE INFORMATION The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.11 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: Provide a description of the significant climatological factors for the locality. This property is in a semi -arid continental climate strongly influenced by the Rocky Mountains. The area is usually warm in the summer with frequent hot days. In winter, periods of very cold weather are caused by arctic air moving in from the north or northwest. Milder periods occur when westerly winds are warmed as they move down slope off of the mountains to the east. Weather monitoring data is not available from the site. The nearest weather monitoring station is at Brighton, Colorado. Data is collected from the Western Regional Climate Center. The table below lists the mean monthly temperature, and average total precipitation on a monthly and annual basis for the period of record from January 1, 1973 to December 31, 2012. Most of the precipitation occurs as rainfall during the warmer part of the year with the heaviest rainfalls in the late spring and early summer. Winter snowfall is frequent but the snow cover usually melts quickly during the milder periods. Mean Monthly Temperature (F) Average Total Precipitation (in.) Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 29.1 32.7 40.9 48.7 57.7 67.7 73.4 71.1 62.5 50.9 38.1 29.7 50.2 .42 .39 1.11 1.76 2.33 1.60 1.64 1.63 0.95 0.92 0.76 0.51 14.03 Section 20 — Gravel Mine — MLRB 112 Permit Application Exhibit K -1 EXHIBIT L EXHIBIT L - RECLAMATION COSTS The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.12 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: See attached spreadsheet. Hunt Water, LLC —Gravel Mine — MLRB 112 Permit Application Exhibit L -1 EXHIBIT L - RECLAMATION COST Activity Quantity Units Unit Costs Cost A. Processing area/Office/Shop (Equipment: Excavators, Dozers, Tractor, Water Truck) 1 Remove concrete pad for wash plant 15 CY $ 65.00 $ 975.00 2 Demolish and remove shop 1 LS $ 2,000.00 $ 2,000.00 3 Remove concrete footings for office 8 CY $ 65.00 $ 520.00 4 Remove concrete base for scale 10 CY $ 65.00 $ 650.00 5 Scarify ground 7 Acres $ 150.00 $ 1,050.00 6 Spread 6" topsoil 5,650 CY $ 0.75 $ 4,237.50 7 Seed and Mulch 7 Acres $ 900.00 $ 6,300.00 Subtotal $ -'2,;15,732,50,. B. Concrete Batch Plant. (Equipment: Excavator, Tractor, Dozer) 1 Remove 30'x50' pad for concrete batch plant 55 CY $ 65.00 $ 3,575.00 2 Scarify ground 2 Acres $ 150.00 $ 300.00 3 Spread 6" topsoil 1,613 CY $ 0.75 $ 1,209.75 4 Seed and Mulch 2 Acres $ 900.00 $ 1,800.00 Subtotal $ 6,884.75; C Asphalt Batch Plant. (Equipment: Excavator, Tractor, Dozer) 1 Remove concrete pad for lime silo 10 CY $ 65.00 $ 650.00 2 Remove footings for aggregate bins 6 CY $ 65.00 $ 390.00 3 Remove footings for drum mixer 20 CY $ 65.00 $ 1,300.00 4 Remove footings for loadout silo 20 CY $ 65.00 $ 1,300.00 5 Scarify ground 4 Acres $ 150.00 $ 525.00 6 Spread 6" topsoil 2,777 CY $ 0.75 $ 2,082.75 7 Seed and Mulch 4 Acres $ 900.00 $ 3,600.00 Subtotal '$ S 847.75r D. Freshwater and Silt Pond (Equipment: Excavators, Dozers, Scrapers, Water Truck) 1 Backfill Fresh Water Pond 10 acres, 60% recovery 350,000 CY $ 2.05 $ 717,500.00 2 Backfill Siltation Pond 10 acres open at one time, 60% recovery 402,000 CY $ 2.05 $ 824,100.00 3 Scarify Ground 20 Acres $ 150.00 $ 3,000.00 4 Spread 6" topsoil 16,000 CY $ 1.50 $ 24,000.00 5 Seed and Mulch 20 Acres $ 900.00 $ 18,000.00 Subtotal' $ ;,586,6000& E. Area Surrounding Lined Reservoirs (Equipment: Dozers, Scrapers, Water truck) 1 Scariffy Ground 60 Acres $ 150.00 $ 9,000.00 2 Spread 6" topsoil 48,400 CY $ 1.50 $ 72,600.00 3 Seed and Mulch 60 Acres $ 900.00 $ 54,000.00 Subtotal ;$ " ,135,600.00` F. Slurry Wall @ 100% Installation Cost ($6.92 per SF) per DRMS Bonding Requirement. Assumes 61'(North) and 52'(South) average depth (including 4' key into bedrock.) South slurry wall will not be constructed for more that 2 years. Equipment used- Excavators, Dozers, Scrapers, Water Truck Cell 3 Slurry Wall @100%, 6,977 linear feet of slurry wall approx 40' deep 524,000 SF $ 5.12 $ 2,682,880.00 $ - Subtotal $ 2f682,880.00 TotalDisturbance Costs "' " $ 4;437,545.0(x: Indirect Costs Overhead & Profit Performance Bond (2.02%) - Based on DRMS estimate $ 89,638.41 Performance Bond (3.07%) - Based on DRMS estimate $ 46,594.22 Job Superintendent (240 hours @ $75/hr) - Based on DRMS estimate $ 18,000.00 Contractor Mob and DeMob (3%) - Based on DRMS estimate not including slurry wall $ 52,639.95 Contractor Overhead and Profit (10%) - Based on DRMS estimate not including slurry wall $ 175,466.50 Subtotal $ 382,339.08 Contract Amount, (direct + 0 & P) $ 4,819,884.08 Legal, Engineering & Project Management Financial warranty processing (legal/related costs) ($500) $ 500.00 Engineering Work and/or contract/bid preparation (4.25%) $ 204,845.07 Reclamation management and/or administration (5%) - Based on DRMS estimate $ 240,994.20 Contingency (3%) $ 133,126.35 Subtotal $ 579,465.63 otal Indirect Costs $ 961,804.71 `„ EXHIBIT M EXHIBIT M - OTHER PERMITS AND LICENSES The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.13 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: The Operator has obtained or will apply for the following permits prior to mining: Colorado Department of Public Health and Environment • Air Pollution Emission Notice (APEN) Permit • Colorado Discharge Permit System (CDPS) and Storm Water Management Plan — Storm Water Only Weld County • Use by Special Review — an amendment is being submitted to Weld County with this DRMS 112 Amendment Nix — Gravel Mine — MLRB 112 Permit Application Exhibit M -1 EXHIBIT N EXHIBIT N - SOURCE OF LEGAL RIGHT TO ENTER This information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.7 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations. Please refer to the attached legal right -to -enter documents. The permittee owns the land under their entity CAW Equities, LLC who will have the legal right to enter in addition to Red Tierra Equities, LLC, and the Miner. See attached documents. Nix — Gravel Mine — MLRB 112 Permit Application Exhibit N -1 CAW Equities, L.L.C Red Tierra Equities, L.L.C. 8301 E. Prentice Ave., Suite #100, Greenwood Village, CO 80111 Telephone (303) 773-1005• Telecopier (303) 773-1176 December 14, 2021 Brannan Sand and Gravel Co. L.L.C. 2500 E. Brannan Way Denver, CO 80229 RE: Legal Right to Enter To Whom it May Concern: In exchange for good and valuable consideration, CAW Equities, L.L.C., and Red Tierra Equities, L.L.C. (collectively the "Property Owners") hereby grant to Brannan Sand and Gravel Co. L.L.C. the right to enter into the real property situated in Section 20, Township 4 North, Range 66 West In The 6th P.M., County Of Weld, State of Colorado. Refer to Exhibit for legal description. You and your officers, employees, contractors, and agents have permission to enter upon the Property for all purposes, including the exploration for gravel, sand and aggregate. We hereby confirm that you have authority and right to execute all documents required to apply for and obtain permits and the like to mine gravel, sand and aggregate and access the property, naming Red Tierra Equities, L.L.C., as the holder of any issued permit. Prior to final permitting, Brannan Sand and Gravel Co. L.L.C. agrees to enter into a mutually acceptable Sand, Gravel, and Aggregate Mining Lease to remain in effect until mining activity ceases. The permission granted by this letter shall be effective immediately, and shall remain in effect until superseded by a Sand, Gravel and Aggregate Mining Lease or until written notice from the Property Owners, whichever comes first. CAW ies, .L By: Robert A"Lembke, Manager Brannan Sam and Gravel Co. L.L.C. R Robert A. Lembke, Mnager STATE OF COUNTY OF The foregoing instrument was acknowledged before me on December 14, 2021, by Robert A. Lembke, as Manager of CAW Equities, L.L.C. and Red Tierra Equities, L.L.C. Witness my hand and seal. My commission expires: Notary Public EXHIBIT - LEGAL DESCRIPTION OF LEGAL RIGHT TO ENTER LANDS Property Descriptlon: LEGAL DESCRIPTION SOUTHEAST QUARTER (SE1/4) OF SECTION TWENTY (20), TOWNSHIP FOUR (4) NORTH, RANGE SIXTY-SIX (66) WEST OF THE 6TH P.M. WELD COUNTY, COLORADO LESS AND EXCEPT LOT A, RECORDED EXEMPTION NO, 1057 -24 -4 -RE 1699 AND LESS AND EXCEPT LOT A, RECORDED EXEMPTION NO 1057 -24 -4 -RE 3000 COUNTY OF WELD, STATE OF COLORADO. PARCEL CONTAINS 6,812,586 SQ FT OR 156.40 AC MORE OR LESS And, LEGAL DESCRIPTION PARCEL 1: THE NORTHWEST QUARTER (NW1/4) OF SECTION TWENTY (20) AND THAT PART OF THE NORTHEAST QUARTER (NE1/4) OF SECTION TWENTY (20) LYING WEST OF THAT CERTAIN IRRIGATION LATERAL AS NOW CONSTRUCTED AND EXISTING ACROSS SAID LAND KNOWN AS THE BOB CHESTNUT DITCH, ALL IN TOWNSHIP FOUR (4) NORTH, RANGE SIXTY- SIX (66) WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, EXCEPTING THEREFROM A STRIP OF LAND 30 FEET WIDE OFF THE ENTIRE NORTH SIDE OF THE N1/2 OF THE NW1/4 IN DEED RECORDED MARCH 2, 1898 IN BOOK 130 AT PAGE 66, WELD COUNTY RECORDS, AND A STRIP OF LAND 40 FEET WIDE ALONG THE WEST SIDE OF THE NW1/4 IN DEED RECORDED MAY 25, 1938 IN BOOK 1026 AT PAGE 433, WELD COUNTY RECORDS. PARCEL 2: THE NE1/4 OF SECTION 20, TOWNSHIP 4 NORTH, RANGE 66 WEST OF THE 6TH P.M.; EXCEPT A TRACT OF LAND CONSISTING OF TWO ACRES, MORE OR LESS, LYING IN THE NORTHWEST CORNER OF THE NW1/4 OF THE NE1/4 OF SAID SECTION 20, BEING ALL THAT PART OF SAID NW1/4 OF SAID NE1/4, OF SAID SECTION 20, LYING NORTH AND WEST OF THAT CERTAIN IRRIGATION LATERAL CONSTRUCTED ACROSS SAID LAND KNOWN AS THE "BOB CHESTNUT DITCH", AND USED TO CARRY WATER ACROSS SAID LAND FROM THE CANAL OF THE WESTERN DITCH AND LAND COMPANY TO LANDS FORMERLY OWNED BY ROBERT S. CHESTNUT, AS CONVEYED TO SAMUEL D. GRIFFITH BY WARRANTY DEED RECORDED IN BOOK 1150 AT PAGE 369, COUNTY OF WELD, STATE OF COLORADO And, LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 4 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 20, WHENCE THE SOUTHWEST QUARTER CORNER OF SAID SECTION 20 LIES S 00°34'59" W A DISTANCE OF 2647.47, SAID LINE BEING THE BASIS OF BEARINGS; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 20 N 89°42'07" E, A DISTANCE OF 40.00' TO A POINT ON THE WEST RIGHT OF WAY FOR HIGHWAY 60, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE OF THE SOUTHWEST QUARTER N 89°42'07" E, A DISTANCE OF 2,632.31', TO THE CENTER QUARTER CORNER OF SAID SECTION 20; THENCE ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 20 S 00°33'36" E, A DISTANCE OF 2,615.59' TO A POINT ON THE NORTH RIGHT OF WAY LINE FOR COUNTY ROAD 42; THENCE ALONG SAID NORTH RIGHT OF WAY LINE S 89°39'42" W, A DISTANCE OF 2,631.25' TO A POINT ON THE WEST RIGHT OF WAY FOR HIGHWAY 60; THENCE ALONG SAID WEST RIGHT OF WAY N 00°34'59" W, A DISTANCE OF 2,617.44' TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 158.08 ACRES. 4715464 05/14/2021 11:45 AM Total Pages: 7 Rec Fee: $43.00 Carly Koppes - Clerk and Recorder, Weld County , CO SPECIAL WARRANTY DEED (Soil and Gravel Rights) THIS SPECIAL WARRANTY DEED is made as of May 13, 2021, among ZABKA FARMS, INC., a Colorado corporation, CHARLES D. BIRD, an individual, and DEBRA R. BIRD, an individual (collectively, "Grantor"), and RED TIERRA EQUITIES, L.L.C., a Colorado limited liability company ("Grantee"), whose address is 8301 East Prentice Ave, Suite 100, Greenwood Village, CO 80111. GRANTOR, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by Grantor, has sold and conveyed, and by these presents does hereby sell and convey unto the Grantee, its successors and assigns forever, all of Grantor's right, title and interest in any and all soil and gravel deposits in, under or with respect to the Land (the "Soil and Gravel"), together with the right of access across, through and under any portion of the Land which Grantee deems necessary or appropriate for purposes of accessing, extracting or developing any portion of the Soil and Gravel on or beneath the surface of the Land (the "Access Right"). For purposes of this Deed, "Mud" shall mean the lands located in County of Weld, State of Colorado described on Exhibit A, attached hereto and incorporated herein by reference. Grantor expressly reserves all oil and gas mineral interests with respect to the Land. TOGETHER WITH all improvements, easements and appurtenances thereto belonging or in any way appertaining, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or in equity, of, in and to the Soil and Gravel and the Access Right. GRANTOR does covenant and agree to and with Grantee to warrant and defend title to the Soil and Gravel and the Access Right and the quiet and peaceful possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any pert thereof by, through or under Grantor, subject to all real property taxes and assessments for the year in which this deed is dated, and all of the covenants, conditions, restrictions, easements and other matters described on Exhibit B attached hereto. THIS DEED is dated as of the day and year first above written. GRANTOR: ZABKA FARMS, INC., a Colorado corporation By: "r40.047.1 .074;2 1+r Printed Name: Charles D. B Title: Vice President 114354961.1 4715464 05/14/2021 11:45 AM Page 2 of 7 By: d� ��*' .G.'' etr Printed Name: Charles Bird By: ,C/ 54 Printed Name: Debra R. Bird STATE OF COLORADO COUNTY OF 14.1e 11 The foregoing instrument was acknowledged before me as of -1-`4.3'a2/ 2021, by Charles D. Bird, as Vice President of Zabka Farms, Inc., a Colorado corporation. WITNESS my hand and official seal. My commission expires: ) ss. STATE OF COLORADO COUNTY OF VA LC( ) ss. The foregoing instrument was acknowledged before me as of 2021, by Charles D. Bird. WITNESS my hand and official seal. My commission expires: jpfary Public -2- I14354961.1 -fad 4715464 05/14/2021 11:45 AM Page 3 of 7 STATE OF COLORADO ) ) ss. COUNTY OF I(Pia ) The foregoing instrument was acknowledged before me as of 6- 13-.2/ 2021, by Debra R Bird. WITNESS my hand and official seal. My commission expires: CHERYL KERN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19454011852 Iv1YCOMMISaoN EXPIRES AUGUST 25, -3- 114354961.1 4715464 05/14/2021 11:45 AM Page 4 of 7 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Parcel 1: The Northwest Quarter (NW 1/4) of Section Twenty (20) and that part of the Northeast Quarter(NEI/4) of Section Twenty (20) lying West of that certain irrigation lateral as now constructed and existing across said land known as the Bob Chestnut Ditch, all in Township Four (4) North, Range Sixty-six (66) West of the 6th P.M., County of Weld, State of Colorado, EXCEPTING THEREFROM a strip of land 30 feet wide off the entire North side of the N1/2 of the NW 1/4 in Deed recorded March 2, 1898 in Book 130 at Page 66, Weld County Records, and a strip of land 40 feet wide along the West side of the NW 1/4 in Deed recorded May 25, 1938 in Book 1026 at Page 433, Weld County Records. Parcel 2: The NE1/4 of Section 20, Township 4 North, Range 66 West of the 6th P.M.; EXCEPT a tract of land consisting of two acres, more or less, lying in the Northwest corner of the NW 1/4 of the NE1/4 of said Section 20, being all that part of said NW1/4 of said NE1/4, of said Section 20, lying North and West of that certain irrigation lateral constructed across said land known as the "Bob Chestnut Ditch", and used to carry water across said land from the canal of The Western Ditch and Land Company to lands formerly owned by Robert S. Chestnut, as conveyed to Samuel D. Griffith by Warranty Deed recorded in Book 1150 at Page 369, County of Weld, State of Colorado. 114354961.1 4715464 05/14/2021 11:45 AM Page 5 of 7 EXHIBIT B EXCEPTIONS TO TITLE 1. Rights of Way for Weld County Road 44, Weld County Road 29 and Highway 60. 2_ The right of proprietor of a vein or lode to extract or remove his ore should the same be found to penetrate or intersect the premises thereby as reserved in United States Patent recorded May 6, 1876 at Reception No. 1698. 3. The right of proprietor of a vein or lode to extract or remove his ore should the same be found to penetrate or intersect the premises thereby as reserved in United States Patent recorded March 6, 1885 at Reception No. 15988. 4. Easement(s) and rights of way including its terms and conditions for road purposes as granted to The County of Weld in instrument recorded March 2, 1898 in Book 130 at Page 66 at Reception No. 66475. 5. Terms, agreements, provisions, conditions, obligations and easements as contained in Agreement, recorded January 25, 1936 at Reception No. 730141. 6. Easement(s) and rights of way including its terms and conditions for road purposes as granted to Weld County, Colorado in instrument recorded May 25, 1938 in Book 1026 at Page 433 at Reception No. 791203. 1 7. Terms, agreements, provisions, conditions, obligations and easements as contained in Agreement, recorded August 13, 1940 at Reception No. 852281. 8. Oil and gas lease between Frieda Kerbs and Centennial Petroleum, Inc. recorded July 30, 1981 at Reception No. 1864893 and re-recorded November 22, 1985 at Reception No. 2033209, and any interests therein or rights thereunder. 9. Easement(s) and rights of way including its terms and conditions for pipe line as granted to Panhandle Eastern Pipe Line Company in instrument recorded December 10, 1982 at Reception No. 1911131. 10. Easement(s) and rights of way including its terms and conditions for pipeline as granted to Associated Natural Gas, Inc. in instrument recorded March 31, 1983 at Reception No. 1922080. 11. Easement(s) and rights of way including its terms and conditions for pipeline as granted to Associated Natural Gas, Inc. in instrument recorded March 31, 1983 at Reception No. 1922080 and at Reception No. 1922081. 12. Easements) and rights of way including its terms and conditions for pipeline as granted to Energy Oil, Inc. in instrument recorded May 20, 1983 at Reception No. 1927672. 114354961.1 4715464 05/14/2021 11:45 AM Page 6 of 7 13. Easement(s) and rights of way including its terms and conditions for pipe line as granted to Panhandle Eastern Pipe Line Company in instrument recorded April 2, 1985 at Reception No. 2004265 and at Reception No. 2004266. 14. Oil and gas lease between Bird Land Company, Inc. and Morgan Energy Corporation recorded August 1, 1985 at Reception No. 2019272, and any interests therein or rights thereunder. 15. The following Notices concerning underground facilities have been filed with the Weld County Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the Land: (a) Panhandle Eastern Pipe Line Company, recorded June 26, 1986 at Reception No. 2058722. 16. All interest in all mineral rights as granted in a deed recorded March 31, 1987 at Reception No. 2093985, and any interests therein or rights thereunder. 17. All interest in all oil, gas and other mineral except rock, sand and gravel rights as reserved in a deed recorded August 11, 1987 at Reception No. 2110105, and any interests therein or rights thereunder. 18. Easement(s) and tights of way including its terms and conditions for pipeline or pipelines as granted to Associated Natural Gas, Inc. in instrument recorded January 5, 1988 at Reception No. 2126835. 19. Terms, agreements, provisions, conditions, obligations and easements as contained in Valve Site Contract, recorded January 5, 1988 at Reception No. 2126836. 28. All interest in all oil, gas and other mineral rights as granted in a deed recorded April 13, 1989 at Reception No. 2176371, and any interests therein or rights thereunder. 20. Terms, agreements, provisions, conditions, obligations and easements as contained in Right -of -Way Agreement, recorded December I8, 1990 at Reception No. 2236259. 21. Easement(s) and rights of way including its terms and conditions for pipeline as granted to Mission Oil Corporation in instrument recorded May 26, 1994 at Reception No. 2390501. 22. Terms, agreements, provisions, conditions, obligations and easements as' contained in Surface Use Agreement as disclosed by Memorandum, recorded January 23, 2001 at Reception No. 2820822. 23. Terms, agreements, provisions, conditions, obligations and easements as contained in Surface Use Agreement as disclosed by Memorandum, recorded September 24, 2001 at Reception No. 2885973. 24. Terms, agreements, provisions, conditions, obligations and easements as contained in Surface Use Agreement as disclosed by Memorandum, recorded January 21, 2002 at Reception No. 2918385. 114354961.1 4715464 05/14/2021 11:45 AM Page 7 of 7 25. Request for Notification of Pending Surface Development recorded August 15, 2007 at Reception No. 3497278. 26. Request for Notification of Surface Development recorded October 15, 2007 at Reception No. 3511023. 27. Terms, agreements, provisions, conditions, obligations and easements as contained in Surface Use Agreement as disclosed by Memorandum, recorded October 30, 2008 at Reception No. 3587155. 28. Easement(s) and rights of way including its terms and conditions for single pipeline as granted to DCP Midstream, LP in instrument recorded April 22, 2009 at Reception No. 3618009. 29. Terms, agreements, provisions, conditions, obligations and easements as contained in Surface Use Agreement as disclosed by Memorandum, recorded October 20, 2009 at Reception No. 3654997. 30. Terms, agreements, provisions, conditions, obligations and easements as contained in Surface Use Agreement as disclosed by Memorandum, recorded November 30, 2009 at Reception No. 3662226. 31. Easement(s) and rights of way including its terms and conditions for single pipeline as granted to DCP Midstream, LP in instrument recorded February 5, 2010 at Reception No. 3674475. 32. Terms, agreements, provisions, conditions, obligations and easements as contained in Surface Use Agreement as disclosed by Memorandum, recorded March 11, 2010 at Reception No. 3680474. 33. Terms, agreements, provisions, conditions, obligations and easements as contained in Surface Use Agreement as disclosed by Memorandum, recorded March 11, 2010 at Reception No. 3680475. 34. Request for Notification for Application for Development recorded August 2, 2018 at Reception No. 4420477. 114354961.1 4 / 1 bbEi / 05/14/2021 U3:U2 HIN/1 Total Pages: 7 Rec Fee: $43.00 Doc Fee: $200.00 Carly Koppes - Clerk and Recorder, Weld County , CO D.� s ,vo oo SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made as of May 13, 2021, among ZABKA FARMS, INC., a Colorado corporation, CHARLES D. BIRD, an individual, and DEBRA R. BIRD, an individual (collectively, "Grantor"), and CAW EQUITIES, L.L.C., a Colorado limited liability company ("Grantee"), whose address is 8301 East Prentice Ave, Suite 100, Greenwood Village, CO 80111. GRANTOR, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by Grantor, has sold and conveyed, and by these presents does hereby sell and convey unto the Grantee, its successors and assigns forever, the following real property in the County of Weld, State of Colorado, to wit (the "Pronertv"): See Exhibit A attached hereto and incorporated herein by reference TOGETHER WITH all improvements, easements and appurtenances thereto belonging or in any way appertaining, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or in equity, of, in and to the Property, but excepting and excluding all rights and interests in and to the Property transferred and conveyed by Grantor to Red Tierra Equities, LLC pursuant to the following deeds: (a) Special Warranty Deed (Soil and Gravel Rights) dated as of date of this Deed, recorded in the Office of the Clerk and Recorder of Weld County, Colorado at Reception No. LA '1 5 too ; and (b) Special Warranty Deed (Water Rights) dated as of date of this Deed, recorded in the Office of the Clerk and Recorder of Weld County, Colorado at Reception No. - 1 t 5522- Grantor also expressly reserves all oil and gas mineral interests with respect to the Property. GRANTOR does covenant and agree to and with Grantee to warrant and defend title to the Property and the quiet and peaceful possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof by, through or under Grantor, subject to all real property taxes and assessments for the year in which this deed is dated, and all of the covenants, conditions, restrictions, easements and other matters described on Exhibit B attached hereto. THIS DEED is dated as of the day and year first above written. GRANTOR: ZABKA FARMS, INC., a Colorado corporation Printed Name: Charles D. Title: Vice President 114332683.1 4/1bbb/ Ub/14/2121 U3:U2 PM Page 2 of 7 By: divolli° Printed Name: Char es . ird By Printed Name: Debra R. Bird STATE OF COLORADO COUNTY OF ((.1.7/ ) ss. The foregoing instrument was acknowledged before me as of !J - I3,,,V 2021, by Charles D. Bird, as Vice President of Zabka Farms, Inc., a Colorado corporation. WITNESS my hand and official seal. My commission expires: STATE OF COLORADO ) )ss. COUNTY OF /1.-1,2 l C ) /21/Lurig--. Notary Pub}ici The foregoing instrument was acknowledged before me as of 2021, by Charles D, Bird. WITNESS my hand and official seal. My commission expires: 114332683.1 Notary Pabiic • • CHERYL KERN .•• NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19954011052 `�AIY COMMISSION EXPIRES AUGUST 25,2023 -2- 4/1bbb! U5/14/2021 03:U2 NM Page 3 of 7 STATE OF COLORADO COUNTY OF We: }ss. The foregoing instrument was acknowledged before me as of 2021, by Debra R. Bird. WITNESS my hand and official seal. My commission expires: I14332653.1 Not*Public CHERYL KE ROTARY PUBLIC S1A Or CQLOARNAQO flY ID 1°9 e01185? AIYCCx!Nd155!QA�t� RYF $gl1GST25202 NOTA -3- 4/1bbtit Ub/14/2021 U3:02 PM Page 4 of 7 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Parcel 1: The Northwest Quarter (NW 1/4) of Section Twenty (20) and that part of the Northeast Quarter(NE1/4) of Section Twenty (20) lying West of that certain irrigation lateral as now constructed and existing across said land known as the Bob Chestnut Ditch, all in Township Four (4) North, Range Sixty-six (66) West of the 6th P.M., County of Weld, State of Colorado, EXCEPTING THEREFROM a strip of land 30 feet wide off the entire North side of the N1/2 of the NW 1/4 in Deed recorded March 2, 1898 in Book 130 at Page 66, Weld County Records, and a strip of land 40 feet wide along the West side of the NW 1/4 in Deed recorded May 25, 1938 in Book 1026 at Page 433, Weld County Records. Parcel 2: The NE 1/4 of Section 20, Township 4 North, Range 66 West of the 6th P.M.; EXCEPT a tract of land consisting of two acres, more or less, lying in the Northwest corner of the NW 1/4 of the NE 1/4 of said Section 20, being all that part of said NW 1/4 of said NE 1/4, of said Section 20, lying North and West of that certain irrigation lateral constructed across said land known as the "Bob Chestnut Ditch", and used to can+ water across said land from the canal of The Western Ditch and Land Company to lands formerly owned by Robert S. Chestnut, as conveyed to Samuel D. Griffith by Warranty Deed recorded in Book 1150 at Page 369, County of Weld, State of Colorado. 114332653.1 4 / 1 bbti / U5/14/2021 113:U2 PM Page 5 of 7 EXHIBIT B EXCEPTIONS TO TITLE 1. Rights of Way for Weld County Road 44, Weld County Road 29 and Highway 60. 2. The right of proprietor of a vein or lode to extract or remove his ore should the same be found to penetrate or intersect the premises thereby as reserved in United States Patent recorded May 6, 1876 at Reception No. 1698. 3. The right of proprietor of a vein or lode to extract or remove his ore should the same be found to penetrate or intersect the premises thereby as reserved in United States Patent recorded March 6, 1885 at Reception No. 15988. 4. Easement(s) and rights of way including its terms and conditions for road purposes as granted to The County of Weld in instrument recorded March 2, 1898 in Book 130 at Page 66 at Reception No. 66475. 5. Terms, agreements, provisions, conditions, obligations and easements as contained in Agreement, recorded January 25, 1936 at Reception No. 730141. 6. Easement(s) and rights of way including its terms and conditions for road purposes as granted to Weld County, Colorado in instrument recorded May 25, 1938 in Book 1026 at Page 433 at Reception No. 791203. 1 7. Terms, agreements, provisions, conditions, obligations and easements as contained in Agreement, recorded August 13, 1940 at Reception No. 852281. 8. Oil and gas lease between Frieda Kerbs and Centennial Petroleum, Inc. recorded July 30, 1981 at Reception No. 1864893 and re-recorded November 22, 1985 at Reception No. 2033209, and any interests therein or rights thereunder. 9. Easement(s) and rights of way including its terms and conditions for pipe line as granted to Panhandle Eastern Pipe Line Company in instrument recorded December 10, 1982 at Reception No. 1911131. 10. Easement(s) and rights of way including its terms and conditions for pipeline as granted to Associated Natural Gas, Inc. in instrument recorded March 31, 1983 at Reception No. 1922080. 11. Easement(s) and rights of way including its terms and conditions for pipeline as granted to Associated Natural Gas, Inc. in instrument recorded March 31, 1983 at Reception No. 1922080 and at Reception No. 1922081. 12. Easement(s) and rights of way including its terms and conditions for pipeline as granted to Energy Oil, Inc. in instrument recorded May 20, 1983 at Reception No. 1927672. 114332683.1 4/lbbbf Ub/14/2021 (.3:02 F'M Page 6of7 13. Easement(s) and rights of way including its terms and conditions for pipe line as granted to Panhandle Eastern Pipe Line Company in instrument recorded Apri12, 1985 at Reception No. 2004265 and at Reception No. 2004266. 14. Oil and gas lease between Bird Land Company, Inc. and Morgan Energy Corporation recorded August 1, 1985 at Reception No. 2019272, and any interests therein or rights thereunder. 15. The following Notices concerning underground facilities have been filed with the Weld County Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the Land: (a) Panhandle Eastern Pipe Line Company, recorded June 26, 1986 at Reception No. 2058722. 16. All interest in all mineral rights as granted in a deed recorded March 31, 1987 at Reception No. 2093985, and any interests therein or rights thereunder. 17. All interest in all oil, gas and other mineral except rock, sand and gravel rights as reserved in a deed recorded August 11, 1987 at Reception No. 2110105, and any interests therein or rights thereunder. 18. Easement(s) and rights of way including its terms and conditions for pipeline or pipelines as granted to Associated Natural Gas, Inc. in instrument recorded January 5, 1988 at Reception No. 2126835. 19. Terms, agreements, provisions, conditions, obligations and easements as contained in Valve Site Contract, recorded January 5, 1988 at Reception No. 2126836. 28. All interest in all oil, gas and other mineral rights as granted in a deed recorded April 13, 1989 at Reception No. 2176371, and any interests therein or rights thereunder. 20. Terms, agreements, provisions, conditions, obligations and easements as contained in Right -of -Way Agreement, recorded December 18, 1990 at Reception No. 2236259. 21. Easement(s) and rights of way including its terms and conditions for pipeline as granted to Mission Oil Corporation in instrument recorded May 26, 1994 at Reception No. 2390501. 22. Terms, agreements, provisions, conditions, obligations and easements as contained in Surface Use Agreement as disclosed by Memorandum, recorded January 23, 2001 at Reception No. 2820822. 23. Terms, agreements, provisions, conditions, obligations and easements as contained in Surface Use Agreement as disclosed by Memorandum, recorded September 24, 2001 at Reception No. 2885973. 24. Terms, agreements, provisions, conditions, obligations and easements as contained in Surface Use Agreement as disclosed by Memorandum, recorded January 21, 2002 at Reception No. 2918385. 114332683.1 4/1bbti/ Ub/14/2U21 U3:U2 PM Page 7 of 7 25. Request for Notification of Pending Surface Development recorded August 15, 2007 at Reception No. 3497278. 26. Request for Notification of Surface Development recorded October 15, 2007 at Reception No. 351 I023. 27. Terms, agreements, provisions, conditions, obligations and easements as contained in Surface Use Agreement as disclosed by Memorandum, recorded October 30, 2008 at Reception No. 3587155. 28. Easement(s) and rights of way including its terms and conditions for single pipeline as granted to DCP Midstream, LP in instrument recorded April 22, 2009 at Reception No. 3618009. 29. Terms, agreements, provisions, conditions, obligations and easements as contained in Surface Use Agreement as disclosed by Memorandum, recorded October 20, 2009 at Reception No. 3654997. 30. Terms, agreements, provisions, conditions, obligations and easements as contained in Surface Use Agreement as disclosed by Memorandum, recorded November 30, 2009 at Reception No. 3662226. 31. Easement(s) and rights of way including its terms and conditions for single pipeline as granted to DCP Midstream, LP in instrument recorded February 5, 2010 at Reception No. 3674475. 32. Terms, agreements, provisions, conditions, obligations and easements as contained in Surface Use Agreement as disclosed by Memorandum, recorded March 11, 2010 at Reception No. 3680474. 33. Terms, agreements, provisions, conditions, obligations and easements as contained in Surface Use Agreement as disclosed by Memorandum, recorded March 11, 2010 at Reception No. 3680475. 34. Request for Notification for Application for Development recorded August 2, 2018 at Reception No. 4420477. 114332653.1 4727.80 06/18/2021 02:47 FM Total Pages: 6 Rec Fee: t$3{8:b0 Doc Fee: $210.Od ,Gaily Koppes - Clerk andecorder, Weld Count.-, CC GENERAL WARRANTY DEEDT ' ,t:'HIS GENERAL WARRANTY DEED is made a'of June'1, 2021, begin WETCO FARMS, INC., a Colorado corporation ("Grantor"),.and CAW EQUITIES, L :C., a Colorado ;tilted liability compan ..``f("Grantee"), whose ad `ss is 8301 East Prent Ave, Suite 100, reenwood Village, kS0111. I `ik.`≥ • GRANT R, for and in consid do i of the sum of Ten t7ollars and other go d valuable consideration, the receipt and, ficiency of which is hefeiy acknowledged by Cantor, has sold, d conveyed, and by tl)e presents does hereby. Fell and convey unto the.Grantee, its successOs— and assigns forever; `the following real prolirty in the County of Weld, State of Colorado, to wit (the "Property ): See Ex iit'A attached hereto and t:orporated herein by,I;efetence TOGET1-0. WITH all improvement's, reversions, remainder easements, hereditatnents and appurtenalees thereto belonging <or, l%i any way appertaining, 1.nd all the estate, rigs, *title, interest, claim and demand whatsoever of the Grantor, either'in Caw or in equity, of, inland to the Property,; but excepting and excluding all of the follow ttg" rights and interests WW,' and to the Pro (a) all rights transf rred and conveyed 1 rantor to Red Tierrafifties, L.L.C. ("Red Tierra") pursuant to -e' following deeds: (i$ efi; eral Warranty Dee,ol `4Sotl and Gravel Right dated as of date cif t its Deed, recorded in the Office of the Clerk ,&:Recorder of Weld Couny, Colorado at ReOption No. `-1.1'1-x'3 2410641- (ii) Quitclaim Dee ater Rights) dated as -4 Sate of this Deed(recorded in the Office of the Clerk and Recorder of Weld County, Colorado at Reception No. y3' 2-}32 ; and r`• )' (b) Grantor's resery hon of the right to enter„upon the Property rty;'r and over and remove all topsoil on the Propea period of up to two; 2) years from the date a1retiis Deed, pursuant 7 ."r o and subject to the t ttiis and conditions of that certain Reservation 4 meat dated as of date of this Deed by and among Grantor, Cirrhtee and Red Tierra. Grantot' lso expressly reserves°'all oil and gas minettil with respectzio'the Property,.- oRANTOR does coveniiit and agree to and w iht Grantee, its successotiithd assigns, to nt and defend title . the Property and the,q0et and peaceful possesOin of Grantee, its }successors and assign f gainst all and every person or persons claimiogihe whole or any part thereof, subject to final property taxes andSessments for the year,' this deed is dat and all matters described on Exhibit B attached hereto. r ;[Sighature Page Follows} 114704065.1 2516 b♦ Land r' 472730 06/18/2021 02:47 FM' Pte2of6 s dated as of the da ,and year first above writ GRANTOR: WETCO FARMS, INC., a Colorac corporation Y" inted N Title: Pr STATE OF COLO COUNTY _ foregoing instrument was acknowledged beftme as of 11 2%0"Ll 24:214 by Craig Sparrow, as PreSident of Wetco - as,linc., a Colorado corporatfcih. C WITNESS my.tliiid and official seal. My commis ion expires: 4727a6'" 06/18/2021 02:47,f191 Page 3 of 6 ,EtIBIT A LEGAL D SCRIPTION OF THE PROPERTY PARCEL OF LAND LOCATED IN THE SOLfrt}1WEST QUARTER Q $tCTION 20, OWNSHIP 4 NOI1,RANGE 66 WEST 0;TTiE 6TH PRINCIPA,le,`RIDIAN, COUNTY OF WELD, STAT ?z F COLORADO, SAIE%PARCEL BEING M R ,` ARTICULARLY DESCRIBED E4C `=tOLLOWS: COMM CING AT THE WEST:QUARTER CORNER SAID SECTION 20, FENCE THE SOUTHWEST QUAR II'CORNER OF SAID S TION 20 LIES S00°3 9"W A D�[S�'ANCE OF 2647.47 FE� SAID LINE BEING, 1 BASIS OF BEAR.IN16§; ENCE ALONG T ENORTH LINE OF T ESOUTHWEST QUAR Rt OF SAID SECTION 20 N8974 107"E, A DISTANCE.0? 40.00 FEET TO A POtMT ON THE WEST RIGHT OF WAAY'POR HIGHWAY 60 .SAU) POINT ALSO BEIi 'THE POINT OF BEGINNINGf , THENC •'CONTINUING ALONQ'.SAID NORTH LINE 9,F.THE SOUTHWEST QVARTER N89°42'Q7"E, A DISTANCE OF`2,632.31 FEET , TO TI•1 -CENTER QUARTER (CORNER OF SAII S''ECTION 20; ' J Tit ENCE ALONG THE,E*ST LINE OF THE SQ IWEST QUARTER.;Q AID SECTION zo SOO°33'36"E, 36 E, A DIStANCE OF 2,615.59 F : tTO A POINT ON T NORTH RIGHT OFD, WAY LINE FOR Q&1 NTY ROAD 42; THU E ALONG SAID Noltni RIGHT OF WAY;. LINE S89°39'42KV A DISTANCE OF x,631.25 FEET TO A PO "ON THE WEST RI T OF WAY FQIPIIGHWAY 60; (, y < „`' : THENCE,tALONG SAID WEST RIGHT OF WAY N00°34'5=9"W, A DISTANCE OF 2617.44 FEETT THE POINT OF BEGINNING. SAID PARCEL CONTAIR'158.08 ACRES 4727 ? 06/18/2021 02:47 Pc*'4of6 E t1IBIT B r....3 X&EPTIONS TO TITLE 1. ANY AND;61,,l RIGHTS OF THE,,WESTERN DRAINAGE AND WATER PPLY COMPANY SATING TO THE WESTERN MUTUAL IRRIGATION DITCH OR CANAL, WHICH„ VERSES SUBJECT=PROPERTY OR I :,bESCRIBED AS A BOUNDARY Of?,SUBJECT PROPER > INCLUDING BUT LIMITED TO D_ MA1NTENA . R Iw , AND ACCESS RIGHTS TO LANDS INING THE DIT T)R CANAL AS CLOSED BY SPECIAI WARRANTY DEEIh' .ECORDED MARCH k; 1895 IN BOOK 121 AT PAGE 184. w 2. RESERVATIONS AS CONTAINEDPATENT OF THE CORDED JUNE 24, ..1914 IN BOOK 333 AT mot 73. 3. EAStMENT AND RIGHT -WAY FOR A DITCH(}A.S SET FORTH GRANTED IN 14 ENTURE RECORI D' FEBRUARY 15, 196 IN BOOK 989 AT I,M"O'E 38. 4. EASEMENT ANI;} RIGHT OF WAY FOR: PUBLIC HIGHWAY AS GRANTED N DEEb RECORDED MAY, 1938 IN BOOK 1026iAT PAGE 432. 5. RESER VA'rION OF 1/2 INT MINERALS TOGEMR WITH THE PURPOSE OF EXPLORING AND RECORDED 23, 1950 IN BOOK1 34 AT PAGE 438. 6}.1\ OIL, GAS ANQtfIIINERAL LEASE RECORDED FEBRUARY 24, 1971 UND RECEPTION NO. 15'2798 AND ANY AND ALL ASSIGNMENTS REOF, OR INTEREST THEREIN. ST IN ALL OIL, pX8 AND OTHER C OF INGRESS A)) EGRESS FOR "OVING SAME, AS.,RESERVED IN Do DECLARATION' OF POOLING RECQDED JULY 5, 197. UNDER RECEPTION,' NO. 1592972. AFFIDAVIT OF LEASE EVFENSION RECORDETVMARCH 19, 1976 UNPER .. RECEPTION NO, 1683881. AMENDED DECLARATION OF UNITIZATION RECORDED a MAY 11, 1988 , _MET ER RECEPTION N(0140877. 4 T'5. AUGUST 21, IR89`UNDER RECEPTIONNO.2189117. CONSENT TO CORRE.CTI N DECLARATION OF POOLING RECORDED JANUARY 17, 1990 UNDER RECEPTION NO. 2202893,:. 114704065.1 ,) 4727301 06/18/2021 02:47, Pm Pale 5 of 6 7. RI 7' -OF -WAY FOR OPE, TION AND MAINTF ANCE OF A PIPE LINE* AS SET FOR AND GRANTED IN ;RIGIIT-OF-WAY GR�q 1T RECORDED APR.122, >22, 1975 UNDER:- CEPTION NO. 105i589. �' "' - ; A D, 8: RIGHT-OF-WAYFOR OPERATION MAINTENANCE F A'PIPE LINE AS,SET FORTH AND G,KA TED IN RIGHT-OF,,WAY GRANT RECO ED APRIL 01, ,98'2 UNDER RECEPTIWNO. 1887536.` 9. RI9f,ie OF WAY E NMENTS AND „., 6:ENSES FOR THE? CONSTRUCTION, INSTALLMENT, PING, MAINTAINING'_- ALTERING, REPAIRfisit, OPERATINCA'I`iD REMOVING OF OAS PIPELINE AS SORTH AND GRANTEE) IN RIGHT ,OF WAY EASEMENT,S"AND LICENSES RECORDED JUNE 17, 19,1I0, UNDER RECEJ' T ION NO. 2013632. `` 10. RIGHT-OI< STAY EASEMENT FQR''THE CONSTRUCTION, OPERATION, 'MAINTENANCE ANI)`REMOVAL OF COM NICATION AND O11OTOk FACILITIES, AS ., SET FORTH ANI 1.ANTED IN RIGHT"WAY EASEMENC,, CORDED OCTOBER',;' 24, 1988 UNDER -RECEPTION NO.21 55499. •'` 11{1 `-RIGHTS OF HS RESOURCES, INC. TO OCCUPY AND MAKE USE OF THE SURFACE OF THE LANDS, ASSET FORTH IN NOTICE OF OIL AND GAS INTERESTS AND,SIJRFACE USE RECORDED JANUARY 23, 2001' UNDER RECEPTION 'NO. 2820947. 12. RIGHTrQI WAY TO LAY, MAINTAIN, OPERATE yfflslb REMOVE A PIPELINE FOR Tip TRANSPORTATION,;‘,,OF F OIL AND GAS, .AS' SET FORTH AN1)i,' , GRANTED IN PI LINE RIGHT-OF-WAY RECORDED SEPTEMBER 10, 2001 UNDER, RECEPTION NO. 13 ' TERMS, CONDITIONS, PROVISIONS, - BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTI1 AND GRANTED IN MEMORANDUM OF AGREEMENT RECORDED OCTOBER 21, 2002 UNDER RECEPTION NO. 2997785. ' 14. TERMS, CONDITIONS A PROVISIONS OF.SEGREGATION AGREEMENT RECORDED OCTOBER 2142002 AT RECEPTION Nt) 2997792_ 15. ; QUEST FOR NOTIFICATION OF SURMCE DEVELOPMEW AS EVIDENCED BY INSTRUMENT' RECORDED OCTOBER 15, 2007 UNDER RECEPTION NO. 359023. 16. REQUEST •;FOR NOTIFICATION/ (MINERAL ESTATE, OWNER) AS IDENCED BY IN TI ,IJMENT RECORDEIpECEMBER 21, 2007 UNDER RECEPTION NO. 3525268. 17. OPERTY LINE WAIVER AND ACKNO GEMENT RECOR1 Eb OCTOBER I�;' :2008 UNDER RECEPTION NO. 3583665 AND RECORDED FEBRUARY 22, 2010 UNDER RECEPTION NO.3677139. 4727361 • 06/18/2021 02:47 Pa0 6 of 6 18. TE*S, CONDITIONS AN PROVISIONS OF EE I IDUINGS AND DEC RECORDED ;S PTEMBER 29, 2010,4 RECEPTION NO. 3721 90. TERMS, CONDITIONS, PROVISIONS,.,rBURDENS, OBLIGATIONS AND EASEMENTS AS SET FOR AND GRANTED EN•EASEMENT, RIGHT-OV;WAY AND ACE USE AGREE I II T RECORDED DECEMBER 14, 2011 UND i RECEPTION 3811954.4' 20. CO, ANTS, AGREEME ` S AND WARRAN ` AS SET FORTH RESTRICTIVE;cCOVENANTS (NO'` .. GATION) RECO ED OCTOBER 03,` UNDER RE TION NO. 4051251. COVENANTS, Q:GREEMENTS AND 0., WARRANTS AS SE'4,FORTH IN V i`rETATION COVENANT RECORDED OCTOBER 03, 2014 UNDER `RECEPTION 4051252. 22. TE} CONDITIONS, PROVISIONS, BURDEN OBLIGATIONS A EASEMENTS `STET FORTH AND GRANTED IN GRANT QE EASEMENT RECOIZ DECEMBE 0T; 2015 UNDER RECEP\TION NO. 4161754. 2,3./ REQUEST FOR NOTIFICATION OF APPLICATION FOR DEVELOPMENT AS EsI )ENCED BY INSTRUMENT RECORDED AUGUST 02, 2018 UNDi -RECEPTION 20477. 24. TE CONDITIONS 'PROVISIONS OF, ORANDUM OF? CRUDE OIL PI R IASE AND SALE AGREEMENT RECORR E }SEPTEMBER 01, 2 AT RECEPTIQt NO. 4625353. ;'`` ` ., TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN MEMORANDUM OF AGREEMENT RECORDED SEPTEMBER 01, 2020 R RECEPTION NO, 4625398. +fir 26. TERM' ONDITIONS, PROVINS, BURDENS ANi OBLIGATIONS AS SET FORTH IN Is MORANDUM OF AQR EMENT RECORDED,. SEPTEMBER 01, 20 UNDER RECEI?' ON NO. 4625399. 270 TERMS, CONDITIQNS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET F TH IN MEMORANDOM OF AGREEMENT RECORDED SEPTEMBER '01, 2020 UN1 R RECEPTION NO. 4 25400. 1 F 28. TERM NDITIONS, PROV SONS, BURDENS AND,OBLIGATIONS AS SET FORTH IN ORT FORM OF�f 0LAR ENERGY ,1 '' ELOPMENT AND•, ';f OPERATIONS ASE AGREEMENT: ° RECORDED NOVE v R 13, 2020 UND1 N. RECEPTION,NO. 4650789. 4643529 10/23/2020 11:58 AM Total Pages: 5 Rec Fee: $33.00 Doc Fee: $120.80 Carly Koppes - Clerk and Recorder, Weld County, CO SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made as of Octobg, 2020, between MACK WCR 43, LLC, a Colorado limited liability company ("Grantor"), and CAW Equities, L.L.C., a Colorado limited liability company ("Grantee"), whose address is 8301 East Prentice Ave, Suite 100, Greenwood Village, CO 80111. GRANTOR, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by Grantor, has sold and conveyed, and by these presents does hereby sell and convey unto the Grantee, its successors and assigns forever, the following real property in the County of Weld, State of Colorado, to wit (the "Property"): See Exhibit A attached hereto and incorporated herein by reference TOGETHER WITH all improvements, easements and appurtenances thereto belonging or in any way appertaining, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or in equity, of, in and to the Property. GRANTOR does covenant and agree to and with Grantee to warrant and defend title to the Property and the quiet and peaceful possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof by, through or under Grantor, subject to all real property taxes and assessments for the year in which this deed is dated, and all of the covenants, conditions, restrictions, easements and other matters described on Exhibit B attached hereto. THIS DEED is dated as of the day and year first above written. GRANTOR: MACK WCR 43, LLC, a Colorado limited liability company B E /41,(4Jay. McCle anger_ 641.-. raA. Carlson, Manager Stewart title etwoo 112588776.2 4ti4;tb29 10/23/2UZU 11:bti AM Page 2 of 5 STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me as of /) c7 2020, by Jack R. McClellan and Linda A. Carlson as Managers of MACK WCR 43, LLC. a Colorado limited liability company. WITNESS my hand and official seal. My commission expires: " ..-)e • JOEL TRIBELHORN NOTARY PUBLIC STATE OF COLORADO \OTr. Tr" 19984025730 MY CODliSSIC!; EX?!RES SEPTEMBER 28, 2022 1125S8776.2 c _2_ 41343529 10/2 3/2O2U 11:bti AM Page 3 of 5 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Southeast Quarter (SE1/4) of Section Twenty (20), Township Four (4) North, Range Sixty-six (66) West of the 6th P.M. Weld County, Colorado LESS AND EXCEPT Lot A, Recorded Exemption No, 1057 -24 -4 -RE 1699 and LESS AND EXCEPT Lot A, Recorded Exemption No 1057 -24 -4 -RE 3000 COUNTY OF WELD, STATE OF COLORADO. MINERALS HAVE BEEN SEVERED AND DO NOT CONVEY 112588776.2 4ti4:ib29 1 Uf23/2U2U 11: bb AM Page 4 of 5 EXHIBIT B EXCEPTIONS TO TITLE 1. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed herein. 2_ Water rights, claims or title to water. 3. Taxes and assessments for the year 2020, a lien not yet due or payable. 4. Reservations or exceptions contained in U.S. Patents, or in Acts authorizing the issuance thereof, reserving 1) Rights of the proprietor of a vein or lode to extract and remove his ore therefrom recorded September 28, 1883 in Book 34 at Page 80. 5. Pipeline Right of Way Grant to Associated Natural Gas Inc. recorded March 31, 1983 as Reception No. 1922079_ 6. Right of Way Easements and Licenses recorded June 17, 1985 as Reception No. 2013632. 7. Notice by Panhandle Eastern Pipe Line Company recorded June 26, 1986 as Reception No. 2058722. 8. Right of Way Easement to Mountain States Telephone and Telegraph Company recorded October 24, 1988 as Reception No. 2159496. 9. Valve Site Contract recorded April 16, 1993 as Reception No. 2329278. 10. All matters shown on the Recorded Exemption No. 1057-20-4-RE1699 plat recorded June 7, 1995 in Book 1495 at Page 314 as Reception No. 2441636. 11. Notice of Oil and Gas Interests and Surface Use recorded January 23, 2001 as Reception No. 2820947. 12. All matters shown on the Recorded Exemption No. 1057-20-4 RE -3000 plat recorded April 24, 2001 as Reception No. 2842709. 13. Order recorded March 27, 2006 as Reception No. 3373560. 14_ Request For Notification of Pending Surface Development recorded August 24, 2007 as Reception No. 3499549. 15. Request For Notification of Surface Development recorded October 15, 2007 as Reception No. 3511023. 16. Request For Notification (Mineral Estate Owner) recorded December 21, 2007 as Reception No. 3525268. 17. Findings and Decree recorded September 29, 2010 as Reception No. 3721790. 18. Easement, Right of Way and Surface Use Agreement recorded June 14, 2011 as Reception No. 3774020. 19. All matters and conveyances contained in Mineral Deed recorded November 1, 2012 as Reception No. 3885803. 20. All matters and conveyances in the Mineral Deed recorded November 21, 2012 as Reception No. 3890341. 21. All matters and conveyances contained in Mineral Deed recorded November 26, 2012 as Reception No. 3890779. 1125887762 4b4Jb2 1 U/1:i/2U2U 11: bt1 AM Page 5 of 5 22. All matters and conveyances contained in the Mineral Deed recorded November 26, 2012 as Reception No. 3890782. 23. Easement and Right of Way Agreement for Gas Pipeline recorded December 1, 2015 as Reception No. 4161753. 24. Agreement recorded June 15, 2016 as Reception No. 4211664. 25. All matters and conveyance contained in Mineral Deed recorded August 3, 2017 as Reception No. 4323889. 26. Oil and Gas Lease and all assignments thereof and interests therein recorded August 24, 1953 as Reception No. 1161726. 27. Oil, Gas, Mineral Lease, and all assignments thereof and interests therein recorded March 19, 1970 as Reception No. 1544056 and Ratification recorded December 31, I987as Reception No. 2126549. 28. Right of way for all ditches, laterals and creeks crossing subject property. 29. An unrecorded farm lease dated December 11, 2019. 30. Matters disclosed on Improvement Survey Plat dated October 07, 2020 by Survey Systems. 31. Request for Notification of Application for Development recorded August 2, 2018 as Reception No. 4420477. 112588776.2 EXHIBIT 0 EXHIBIT O - OWNERS OF RECORD OF AFFECTED LAND (SURFACE AREA) AND OWNERS OF SUBSTANCE TO BE MINED The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.15 of the Colorado Mined Land Reclamation Board Construction Material Rules and regulations: Owners of Surface Area and Owners of Substance to be mined The property and the substance to be mined are owned by: CAW Equities LLC 8301 E. PRENTICE AVE # 120 GREENWOOD VILLAGE, COO 80111 And, Red Tierra Equities LLC 8301 E. PRENTICE AVE # 120 GREENWOOD VILLAGE, COO 80111 Nix — Gravel Mine — MLRB 112 Permit Amendment Application Exhibit 0 -1 EXHIBIT P EXHIBIT P - MUNICIPALITIES WITHIN Two MILES The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.16 of the Colorado Mined Land Reclamation Board Construction Material Rules and regulations: List any municipalities within two miles of the proposed mining operation and address of the general office: The municipal boundary of the Town of Gilcrest is located within two miles of the permit area. Town of Gilcrest P.O. Box 128 Gilcrest, CO 80623 Nix —Gravel Mine — MLRB 112 Permit Amendment Application Exhibit P -1 EXHIBIT Q RECEIVED DEC 2 8 2021 Nn M SIGNERS December 23w, 2021 Board of County Commissioners VIA: Hand Delivered 915 Tenth Street P. O. Box 758 Greeley CO 80632 RE: Division of Reclamation Mining and Safety, Mine Land Reclamation Board (112) Operation Reclamation Permit Application, Weld County, Colorado; Section 20 Gravel Mine Dear Board: Red Tierra Equities, LLC is applying for a MLRB permit amendment to mine sand at the project site. The site is located on the east side of Highway 60 about one half mile west of the Town Of Gilcrest. More specifically, the site is within parts of Section 20, Township 4 North, Range 66 West of the 6th Principal Meridian. The mine is in an area of irrigated agricultural land with common oil and gas wells and related infrastructure and is east of Highway 60, north of Weld County Road 42, south of Weld County Road 44 and west of Weld County Road 29. As required by the DRMS regulations, we have enclosed the following information for your review: • Construction Material Regular (112) Operation Reclamation Permit application form • Exhibit B Index Map • Exhibit C Mining Plan Map • Exhibit F Reclamation Plan Map If you have any questions, please feel free to contact me on my cell at (408) 930-2544 or email me at Kyle@civilresources.com. Sincerely, CIVIL RESOURCES, LLC Kytcr Regan Project Geologist J:1United Water & San-1411Section 201DRMS\Notices1Proof Of MailinglNOTICE Cltr Cnty Cmmsrs.doc December 23rd, 2021 VIA: Certified Mail/Hand Delivered West Greeley Conservation District 4302 W 9th St Greeley, CO 80634 RE: MLRB (112) Operation Reclamation Permit Application, Weld County, Colorado; Section 20 Gravel Mine To Whom it May Concern: Red Tierra Equities, LLC is applying for a MLRB permit amendment to mine sand at the project site. The site is located on the east side of Highway 60 about one half mile west of the Town Of Gilcrest. More specifically, the site is within parts of Section 20, Township 4 North, Range 66 West of the 6th Principal Meridian. The mine is in an area of irrigated agricultural land with common oil and gas wells and related infrastructure and is east of Highway 60, north of Weld County Road 42, south of Weld County Road 44 and west of Weld County Road 29. As required by the DRMS regulations, we have enclosed the following information for your review: • Construction Material Regular (112) Operation Reclamation Permit application form • Exhibit B Index Map • Exhibit C Pre -Mining Plan Map • Exhibit D Mining Plan • Exhibit E Reclamation Plan • Exhibit F Reclamation Plan Map • Exhibit I Soils Information • Exhibit J Vegetation Information If you have any questions, please feel free to contact me at my cell 408-930-2544 or email me at Kyle@civilresources.com. Sincerely, CIVIL E URCES, LLC e gan roject Geologist J:IBestway-2131InouyelDRMSINOTICE Cltr W Greeley PVSCD - Inouye.doc EXHIBIT R March 2nd, 2021 Clerk to the Board of Weld County Commissioners 915 Tenth Street, Rm 317 Greeley, CO 80632 RE: Section 20 Gravel Mine Permit Dear Clerk to the Board: As a requirement of the Division of Reclamation Mining and Safety (DRMS), the complete Section 20 Gravel Mine application must be on file at the County Clerk's Office and be available for public viewing. A copy of the complete application on behalf of Red Tierra Equities, LLC is attached. Please sign below to indicate that you have received the above -mentioned information and return this page to us by email at kyle@civilresources.com. As always, thank you for your assistance. Sincerely, Civil Resources, LLC Kite Regan Project Geologist Confirmation of Receipt: I have received the above reference documents, and will put it on file for public viewing. 262021 County Clerk to the Board Date J,1United Water & San-1411Section 201DRMS1Notices\Proof of MailingUetter to clerk_signature reqted.doc EXHIBIT S Sign Posting Affidavit Kyle Regan hereby certify that I posted signs at the above locations which contain the Division of Reclamation Mining and Safety notice requirement information per Rule 1.6.2(1)(b) for the proposed permit area known as Section 20 Mine on this 1st day of Februar 2022 . Signature of Owner or Owner's Representative Hello