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Home My WebLink About20250783.tiffRED TIERRA EQUITIES, LLC SECTION 20 GRAVEL MINE WELD COUNTY USE BY SPECIAL REVIEW APPLICATION PREPARED FOR: Red Tierra Equities, LLC 8301 East Prentice Ave. Suite 120 Greenwood Village, CO 80111 PREPARED BY: Civil Resources, LLC 8308 Colorado Blvd Suite 200 Firestone, CO 80504 303.833.1416 DATE: AUGUST 2023 CIVIL RESPU ROES, LLC ENCINEERS & PLANNLLRS USE BY SPECIAL REVIEW (USR) APPLICATION FOR PLANNING DEPARTMENT USE: AMOUNT $ APPLICATION RECEIVED BY PROPERTY INFORMATION DATE RECEIVED: CASE # ASSIGNED: PLANNER ASSIGNED: Is the property currently in violation? al No / Yes Violation Case Number: Parcel Number: 105720000020, 105720300022, 105720000015, 105720000014,105720000019 Site Address: 20520 Highway 50, Platteville CO Legal Description: parts of Section: 2a Township 4 N, Range W Zoning District: Ag Within subdivision or townsite? No /"Yes Name: Acreage: 596.55 Water well permit ## or water district tap #}: Multiple: 13689 -R -R, 13888-R, 325205-, 325206-, 5552-F, etc. Sewer (On -site wastewater treatment system permit # or sewer account #): Floodplain ✓' No / Yes Geological Hazard . No / Yes Airport Overlay No /II Yes P ROJECT U SR Use being applied for: Construction Aggregate Mining N ame of proposed business: Section 20 Gravel Mine P ROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: Robert Lembke Company: CAW Equities, LLC Phone #: 343.771.1005 Email: boblembke a@74ranch.com Street Address: 8301 E Prentice Ave, Suite 120 City/State/Zip Code: Greenwood Village, CO 80111 APPLICANT/AUTHORIZED AGENT (Authorization Form must be included if there is an Authorized Agent) Name: Kyle Regan Company: Civil Resources, LLC Phone #: 303.833.'1418.,,ext. 210 Email: kyle@civilresources.com Street Address: 8308 Colorado Blvd, Suite 200 City/State/Zip Code: Firestone, CO 80504 (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within th sign this apagc tion. If an A the appliceilion. If the fee to sign for the,orporp' Signature Robert Lembke n are true and correct to the best of my (our) knowledge. All fee owners of the property must ed Agent signs, an Authorization Form signed by all fee owners must be included with a cor tion, evidence must be included indicating the signatory has the legal authority Date Signature Date Print Print 9/10/21 9 DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1555 NORTH 17TH AVENUE GREELEY, CO 80631 AUTHORIZATION FORM I, (We}, Robert Lernbke , give permission to Kyle Regan (Owner — please print) (Authorized Agent/Applicant—please print) to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located at (address or parcel number) below: 105720000020, 105720300022, 105720000015. 105720000014,105720000019 Legal Description: multiple portions of Section 20 , Township 4 N, Range 56 W Subdivision Name: NA Lot Block Property Owners Information: Address: 3301 E Prentice Ave. Suite 120, Greenwood Village, CO 80111 Phone: 303.771.1005 E-mail: boblembke@70ranch.com Authorized Agent/Applicant Contact Information: Address: 8308 Colorado Blvd. Suite 200. Firestone, CO 80504 Phone: 720-289-5584 E-mail: eric.leigh@quikrete.com Correspondence to be sent to: Owner El Authorized Agent/Applicant H by: Mail Email Additional Info: (We) hereby c_: • ' - , - • .* r penalty of perjury and after carefully reading the entire contents of this documeat f lat the infora tated above is true and correct to the best of my (our) knowledge. Owner Signature Subscribed and sworn to before me this tatblit l.;PAY100W My commission expires • 100)1014 way BATES NOTARY PUBLIC STATE of COLORADO NOTARY IQ 20204035076 M Qommission Expires: October 07, 2024 Owner Signature day of At/ 01/1“, Date 20 23 by Notary Public II (we), Robert Lembke AUTHORIZATION FORM (owner — please print) DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1555 NORTH 17TH AVENUE GREELEY, Co 80631 , give permission tole Regan (Authorized Agent/Applicant please print) to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located at (address or parcel number) below: 105720000020, 105720300022, 105720000015, 105720000014.105720000019 Legal Description: multiple portions of Section 20 , Township 4 N, Range 56 W Subdivision Name: NA Property Owners Information: Address: 5301 E Prentice Ave. Suite 120, Greenwood Village, Co 80111 Lot Block Phone: 303.771.1005 E-mail: boblembke@7Oranch.com Authorized Agent/Applicant Contact Information: Address: 3308 Colorado Blvd. Suite 200. Firestone, Co 80504 Phone: 303.833.1416 x. 210 E -Mail: Kyle@civilresources.com Correspondence to be sent to: Owner Authorized Agent/Applicant Sa by: Mail Email Additional Info: (We) hereby_ c penalty of perjury and after carefully reading the entire contents of this documentra at the infora tated above is true and correct to the best of my (our) knowledge. r' II Owner Signature Subscribed and sworn to before me this innft i..e,IY10D, My commission expires oI1�201.4 MARY BATE NOTARY PUBLIC STATE of COLORADO NOTARY ID 20204435076 QornmisswR Expires: October 07, 2024 Owner Signature day of Au _ V15t Date , 24 423 by ILA,/ ,5vautr _ Notary Public CIVIL RESSIPURCES, LLC ENGINEERS & PLANNERS MEMORANDUM TO: Department of Planning, Weld County File — Section 20 Gravel Mine FROM: Civil Resources, LLC DATE: July 25, 2023 RE: Use By Special Review Questionnaire The following questions are to be answered and submitted as part of the USR application. If a question does not pertain to your use, please respond with "not applicable", with an explanation as to why the question is not applicable. The application requirements are outlined in Section 23-2-260 and Chapter 23, Article IV, Division 4, of the Weld County Code. The application shall contain the following information. USE BY SPECIAL REVIEW PLANNING QUESTIONNAIRE I .Explain the proposed use and business name. The site is known as the Section 20 Gravel Mine("The Site") and will be operated by Ready Mixed Concrete Company, LLC. The proposed use of the site is a construction aggregate mine and water storage. 2. Explain the need for the proposed use. The sand and gravel reserves at the Site will be used as construction aggregates. The site will be reclaimed as developed water storage which will provide much needed water to agriculture in the area as well as other uses. 3. Describe the current and previous use of the land. The property is historically agricultural, flood irrigated crops and oil and gas exploration. 4. Describe the proximity of the proposed use to residences. There are thirteen (15) residences located within 500' from the proposed property line which are: • Karbowski house (20629 HIGHWAY 60) west of the proposed plant location • Wright house (13859 COUNTY ROAD 44) northeast of the Site • Schultz house (13989 COUNTY ROAD 44) northeast of the Site • Smits house (14009 COUNTY ROAD 44) northeast of the Site • Kissler house (20521 COUNTY ROAD 29) east of the Site • Woolverton house (20476 COUNTY ROAD 29) east of the Site • Shimon house (20300 COUNTY ROAD 29) east of the Site • Kern house (20246 COUNTY ROAD 29) east of the Site • Rainbolt house (20028 COUNTY ROAD 29) southeast of the Site • Patridge house (13965 COUNTY ROAD 42) southeast of the Site • Cline house (13864 COUNTY ROAD 42) southeast of the site • Harding house (13721 COUNTY ROAD 42) south of the site • Wiedeman house (13434 COUNTY ROAD 42) south of the site • Wiedeman house (13218 COUNTY ROAD 42) south of the site • Sharp house (13042 COUNTY ROAD 42) south of the site 8308 COLORADO BLVD. SUITE 200 • FIRESTONE, COLORADO 80504 • PHONE: 3❑3.833. 1 41 6 Red Tierra Equities, LLC July 2023 CIVIL RE Sr7OLIRC"ES 5. Describe the surrounding land uses of the site and how the proposed use is compatible with them. The surrounding land uses are sand and gravel mining, agricultural, oil and gas development, and sparse residential. After mining is complete the reclaimed land will provide water storage for the area. 6. Describe hours of operation. Monday through Saturday, 6 A.M to 6 P.M. with occasional after-hours maintenance of equipment. In addition, in peak construction season or as specific projects demand a high level of service, a night- shift may operate the aggregate facility or batch plant to address these demands, typically associated with mandatory night work by CDOT, municipal public works, and other infrastructure jobs in high traffic areas. 7. Describe the number of employees including full-time, part-time, and contractors. If shift work is proposed, detail the number of employees, scheduled and duration of shifts. Fourteen (14) to twenty (20) employees, no shift work is proposed. 8. Describe the maximum number of users, patrons, members, buyers or other visitors that the site will accommodate at any onetime. In addition to the 14 employees working at the site, the primary source of additional visits will be truck drivers receiving loads for delivery off -site. The aggregate operation is estimated to generate up to 1,040 trips per day or 520 outbound loaded trucks. The concrete and asphalt plants are estimated to generate up to 762 daily trips or 381 outbound trucks. Others visiting the site include vendors, mechanics, inspectors and others with occasional business at the Site. The facility is not open to the general public. 9. List the types and maximum number of animals to be on the site at any one time. Not applicable. 10. List the types and number of operating and processing equipment. Off -road, "yellow -iron" vehicles are an integral part of aggregate operations. Up to 4 loaders and 1 or 2 excavators and a bulldozer would be typical at this site. Up to 2 off -road haul trucks may also be used at various times throughout the life of the mine. A number of scrapers, up to 6, may be used to open the mine (i.e., to strip overburden). The only road -tagged vehicles that would be stored at the site would be 2 to 4 pickup trucks to aid in operations. Aggregate haulers using both tandem dump trucks and, more typically, open -dump semi tractor -trailers are expected throughout the life of the mine. 11. List the types, number and uses of the existing and proposed structures. There are currently two farmhouses and associated outbuildings. The farm building to the west and associated structures are proposed to be removed. The eastern farmhouse is proposed to remain as residential. A shop is proposed to be constructed north of the main access. Proposed permanent improvements will consist of seven (7) slurry wall lined cells which will be utilized as developed water storage. The freshwater pond will be incorporated into a larger slurry wall lined cell at the end of the mine life. The siltation pond will be backfilled. Access will be at the midsection line off of State Highway 60. A pump station will be constructed in the northeast corner of Cell 6 prior to the end of mining and will remain in place after mining is completed. Other improvements that will be removed subsequent to mining include the aggregate plant, a concrete batch plant and an asphalt plant. 12. Describe the size of any stockpile, storage or waste areas. The site will include product stockpiles associated with the aggregate plan, three (3) approximately five (5) acre top soil stockpiles and three (3) 10 acre overburden stockpiles (see the DRMS Exhibit C-7 map for approximate location of these stockpiles). These stockpiles will not necessarily be used at the same time but rather when the adjacent cell is being mined. The closest stockpile will be used after the Red Tierra Equities, LLC July 2023 CIVIL RES,XJRC"ES mining stage is complete to reclaim the area. Equipment will be stored in the mine area. A 20 ft x 20 ft trash collection area will be adjacent to the office shop parking area. 13. Describe the method and time schedule of removal or disposal of debris, junk and other wastes associate with the proposed use. All debris and waste has been removed from the site. Trash will be picked up weekly. 14. Include a timetable showing the periods of time required for the construction of the operation. Stage 1 (Aggregate Plant, Siltation Pond, Freshwater Pond): 2 years Stage 2 (Cell 3): 3 years Stage 3 (Cell 4): 3 years Stage 4 (Cell 5): 7 years Stage 5 (Cell 6): 4 years Stage 6 (Cell 7): 2 years Stage 7 (Cell 8): 2 years Final Reclamation: 2 years Total: 25 years *Timetable is approximate and is based on aggregate reserves estimated from widely spaced borings and current market conditions. 15. Describe the proposed and existing lot surface type and the square footage of each type. The existing lot is agricultural fields. The fields will remain until they are mined out after which they will be slurry wall line cells mined down to bedrock. A 100 ft by 200 ft parking area is proposed by the office and shop north of the entrance. Dirt access roads will be utilized throughout the site. 16. How many parking spaces are proposed? How many handicap -accessible parking spaces are proposed? Approximately 20 parking spaces are proposed for employees and any visitors to the site. 1-2 of these spaces will be handicap - accessible parking spaces. 17. Describe the existing and proposed fencing and screening for the site including all parking and outdoor storage areas. Berms are proposed along county and CDOT right of way. These berms will be constructed in conjunction with the associated stage of the mine. The screening berm along the northwest corner of the site will be constructed in conjunction with the plant in order to screen the operation from the roadway. 18. Describe the existing and proposed landscaping for the site. The site is currently flood irrigated crops and has no landscaping. The remaining above grade portions will be reclaimed to dryland grass with no additional landscaping proposed. 19. Describe reclamation procedures to be employed as stages of the operation are phased out or upon cessation of the Use by Special Review activity. The proposed use of the reclaimed land will be developed water storage, and agricultural. The Cells will be mined and reclaimed at a 3:1 slope. Disturbed areas not used as water storage will have a minimum of 6" of top soil and will be revegetated with the approved seed mix. Reclamation will begin in each phase when mining in that phase is complete except for stage 1 which will be reclaimed last. 20. Describe the proposed fire protection measures. Fire protection will be provided by the Platteville Oilcrest Fire Protection District. The site facilities and equipment will be provided with fire extinguishers. Red Tierra Equities, LLC July 2023 CIVIL RE5' URC"ES 21. Explain how this proposal is consistent with the Weld County Comprehensive Plan per Chapter 22 of the weld County Code. The site is consistent with Chapter 22, Article 5 Section 80 of the weld County Code, "General Commercial Mineral Deposits("aggregate") and Ore Mineral Resources Goals and Policies" to promote the reasonable and orderly exploration and development of mineral resources and to promote the reuse of reclaimed aggregate quarries for water storage. 22. Explain how this proposal is consistent with the intent of the zone district in which it is located. The area is zoned Agricultural. The proposed use is consistent with Chapter 23, Article 3, Division 1. A, which allows for open pit mining in Agricultural Zone Districts. 23. Explain how this proposal will be compatible with future development of the surrounding area or adopted master plans of affected municipalities. The Town of Gilcrest Comprehensive Plan has the site designated for Agricultural/Large Lot which is compatible with the reclaimed use of water storage. 24. Explain how this proposal impacts the protection of the health, safety and welfare of inhabitants of the neighborhood and the County. CDPHE air and water divisions closely regulate on and off -site impacts from dust, odor, runoff, etc. The site is generally surrounded by other aggregate operations or agriculture, and distance to other residences is generally expected to attenuate any on -site noise or visual impact. The proposed operation will at all times comply with relevant statutes and ordinances concerning these nuisance factors. 25. Describe any irrigation features. If the proposed use is to be located in the A (Agricultural) Zone District, explain your efforts to conserve prime agricultural land in the locational decision for the proposed use. The Western Mutual Ditch bisects Cells 5a and 5b and is planned to remain in place. Multiple ditch laterals used in flood irrigation flow through the site and will either remain in place or will be piped to their downstream location. Each phase will continue to be farmed while mining is occurring in other phases. 26. Explain how this proposal complies with Article V and Article XI of Chapter 23 if the proposal is located within any Overlay Zoning District. Not Applicable 27. Detail known State or Federal permits required for your proposed use(s) and the status of each permit. Provide a copy of any application or permit. • DRMS Permit M2022-001 — The applicant holds a DRMS permit • CDPS Permit - The applicant is in the process of applying for a discharge permit. • Air Emissions Permit - The applicant is in the process of applying to an Air Emissions Permit with the CDPHE. Red Tierra Equities, LLC July 2023 USE BY SPECIAL REVIEW PUBLIC WORKS QUESTIONNAIRE CIVIL RE Sr7OLIRC"ES 1. Describe the access location and applicable use types of all existing and proposed accesses to the parcel. Include the approximate distance each access is (or will be if proposed) from an intersecting county road. State that no existing access is present or that no new access is proposed, if applicable. There is currently one industrial access at the Site, AP22-00135, that is permitted to CAW Equities, LLC care of Jalisco International. This access is approximately 1,300 feet from the intersection of Weld County Road 44 and Highway 60. This was utilized for the DRMS 111 permit operation providing fill to the Weld County Road 44 and Highway 85 over pass project. This access will be used for initial site start up and maintenance at the site, but will not be the main commercial access. Red Tierra Equities, LLC is currently applying for an access permit with COOT for the site at the midsection line off of Highway 60 half a mile south of the intersection with Weld County Road 44. This access point is currently used as a farm access road and residential access. 2. Describe any changes to an existing access, if applicable. Gates and tracking devices will be added to the proposed access points. Road improvements will be made in accordance with CDOT requirements as described in the Traffic Impact Study. 3. Describe in detail any existing or proposed access gate including its locations. Access gates will be installed on the access point off Highway 60 and will be located 100' from the edge of the roadway. The gate location is depicted on the USR map. 4. Describe the location of all existing accesses on adjacent parcels and on parcels located on the opposite side of the road. Include approximate distance each access is from an intersecting county road. ➢ Ap13-00200 Tomm Owens (WCR 44) —1,293 east of intersection of WCR 44 and SH-60 ➢ Ap13-00200 Tomm Owens (WCR 44) — 2,639 east of intersection of WCR 44 and SH-60 ➢ Ap13-00200 Tomm Owens (WCR 44) — 2,639 east of intersection of WCR 44 and SH-60 ➢ Ap13-00200 Tomm Owens (WCR 44) — 3,351 east of intersection of WCR 44 and SHIM ➢ Ap13-00200 Tomm Owens (WCR 44) — 4,033 east of intersection of WCR 44 and SH-60 ➢ Ap21-00177 Troy Wright (WCR 29) — 389 east of intersection of WCR 29 and WCR 44 ➢ Ap22-00261 Deborah Patridge (WCR 29) — 265 north of intersection of WCR 42 and WCR 29 ➢ Ap22-00261 Deborah Patridge (WCR 29) — 389 north of intersection of WCR 42 and WCR 29 ➢ Ap22-00261 Deborah Patridge (WCR 42) —199 west of intersection of WCR 42 and WCR 29 ➢ Ap14-00146 Kreps Wiedeman (WCR 42) — 2,466 east of intersection of WCR 42 and SH-60 ➢ Ap14-00158 AKA Energy (WCR 42) — 2,466 east of intersection of WCR 42 and SH-60 ➢ Ap21-00631 SunShare Community Solar (WCR 42) —1,272 east of intersection of WCR 42 and SH-60 ➢ Ap15-00067 Kreps Wiedeman (WCR 42) — 508 east of intersection of WCR 42 and SH-60 5. Describe any difficulties seeing oncoming traffic from an existing access and any anticipated difficulties seeing oncoming traffic from a proposed access. The site has good line of sight from the proposed access points. See the attached Traffic Impact Study for more details. 6. Describe any horizontal curve in the vicinity of an existing or proposed access. The county roads and State Highway 60 all follow along sections lines and are straight in the vicinity of all access points. Red Tierra Equities, LLC July 2023 CIVIL RES7OURC"ES 7. Describe the topography of the road in the vicinity of an existing or proposed access. State Highway 64 drops to the north, is flat to the south and flat along Weld County Road 44. Red Tierra Equities, LLC July 2023 USE BY SPECIAL REVIEW ENVIRONMENTAL HEALTH QUESTIONNAIRE CIVIL RE Sr7OLIRC"ES 1. Discuss the existing and proposed potable water source. If utilizing a drinking water well, include either the well permit or well permit application that was submitted to the State Division of Water Resources. If utilizing a public water tap, include a letter from the Water District, a tap or meter number, or a copy of the water bill. The Operator will utilize bottled drinking water and portable toilets instead of a sewage disposal system during the initial stages of the mine. When the shop and office are designed and building permits applied for the operator will obtain a water tap from the Central Weld County Water District which currently supplies the home by the future location of the office and shop. 2. Discuss the existing and proposed sewage disposal system. The Operator will utilize portable toilets instead of a sewage system prior to the construction and installation of the shop and office discussed above. The shop and office will be designed at a later date at which time the operator will apply for a septic permit. 3. If storage or warehousing is proposed, what type of items will be stored? Storage at the site will include: Sand and gravel stockpiles, sand silos and a warehouse for bagged and palettized dried sand . Equipment will be stored in the mine pit or plant area. 4. Describe where and how storage and/or stockpile of wastes, chemicals, and/or petroleum will occur on this site. The site will have an SPCC at all times. No hazardous chemicals are necessary or used in the proposed operation. Petroleum products typical for the operation of heavy equipment(i.e., lubricants) and fuel will be stored in a secure enclosure within or near the shop facility. 5. If there will be fuel storage on site, indicate the gallons and the secondary containment. State the number of tanks and gallons per tank. Fuel will be stored on site by the aggregate plant. The quantity and size of the tank will be determined at a later date and will be covered by a Spill Prevention Control and Countermeasure(SPCC) plan. 6. If there will be washing of vehicles or equipment on site, indicate how the wash water will be contained. Trucks and equipment will be washed near the plant or in the open mine pits and will managed in accordance with the site's Stormwater Management Plan. 7. If there will be floor drains, indicate how the fluids will be contained. There will be no floor drains at the site. 8. Indicate if there will be any air emissions. Air emissions will consist of dust and particulate matter associated with mining operations. The site will apply for an air emissions permit with the Colorado Department of Public Health and Environment prior to mining operations. 9. Provide a design and operations plan if applicable. Not Applicable 10. Provide a nuisance management plan if applicable. Not Applicable Document must be filed electronically. Paper documents will not be accepted. Document processing fee Fees & forms/cover sheets are subject to change. To access other information or print copies of filed documents, visit ww-w.sos.state.co.us and select Business Center. $50.00 Colorado Secretary of State Date and Time: 10/20/2010 03:11 PM ID Number: 20101578762 Document number: 20101578762 Amount Paid: $50.00 ABOVE SPACE FOR OFFICE USE ONLY Articles of Organization filed pursuant to § 7-80-203 and § 7-80-204 of the Colorado Revised Statutes (C.R.S.) 1. The domestic entity name of the limited liability company is Red Tierra Equities, L.L.C. (The name of a limited liability company must contain the term or' abbreviation "limited liability company", "ltd. liability company", "limited liability co.", "ltd. liability co.", "limited", "l.l.c. ", "llc ", or "ltd.". See §7-90-601, C.R.S.) (Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information.) 2. The principal office address of the limited liability company's initial principal office is Street address Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) 8301 E. Prentice Ave. Suite 100 (Street number and name) Greenwood Village (City) CO 80111 (State) (ZIP/Postal Code) United States (Province — if applicable) (Country) (City) (State) (ZIP/Postal. Code) (Province — if applicable) (Country) 3. The registered agent name and registered agent address of the limited liability company's initial registered agent are Name (if an individual) OR (if an entity) (Caution: Do not provide both an individual and an entity name.) Robert (Last) A Lem bke (First) (Middle) (Suffix) Street address 8301 E. Prentice Ave. Suite 100 (Street number and name) Greenwood Village CO 80111 (City) (State) (ZIP Code) ARTORG_LLC Page 1 of 3 Rev. 02/28/2008 Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) CO (The following statement is adopted by marking the box.) The person appointed as registered agent has consented to being so appointed. (City) (State) (ZIP Code) 4. The true name and mailing address of the person forming the limited liability company are Name (if an individual) OR (if an entity) (Caution: Do not provide both an individual and an entity name.) 8301 E. Prentice Ave. Haas Lisa D (Last) (First) (Middle) (Suffix) Mailing address Suite 100 (Street number and name or Post Office Box information) Greenwood Village CO 80111 (City) (State) (ZIP/Postal Code) United States (Province — if applicable) (Country) (If the following statement applies, adopt the statement by marking the bay- and include an attachment) The limited liability company has one or more additional persons fonning the limited liability company and the name and mailing address of each such person are stated in an attachment. 5. The management of the limited liability company is vested in (Mark the applicable box.) one or more managers. OR �I the members. 6. (The following statement is adopted by marking the box.) There is at least one member of the limited liability company. 7. (If the following statement applies, adopt the statement by marking the box and include an attachment.) ❑ This document contains additional information as provided by law. 8. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has significant legal. consequences. Read instructions before entering a date.) (If the following statement applies, adopt the statement by entering a date and, if applicable, time using the required format.) The delayed effective date and, if applicable, time of this document is/are (mm/dd/yyyy hour: minute am/pm) ARTORG_LLC Page 2 of 3 Rev. 02/28/2008 Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered. 9. The true naive and mailing address of the individual causing the document to be delivered for filing are Haas (Last) 8301 E. Prentice Ave. Lisa D (First) (Middle) (Sztfx) Suite 100 (Street number and name or Post Office Box information) Greenwood Village CO 80111 (City) (State) (ZIP/Postal. Code) United States (Province — if applicable) (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment.) This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal, business or tax advisor(s). ARTORG_LLC Page 3 of 3 Rev. 02/28/2008 CIVIL R E S .� U R C_: E S, L LC=: ENGINEERS . PLANNERs September 28, 2023 Mr. Kim Ogle Weld County Planning Services 1555 N 17th Avenue, Greeley, CO 80631 RE: Red Tierra Equities, LLC; Section 20 Gravel Mine USR Application Completeness Review Response Letter Dear Mr. Ogle, This letter is in response to the completeness review letter dated August 5th, 2022. Weld County Planning comments are in italics and Monarch Mountain Minerals and Aggregates, LLC's (MMMA) responses are in bold. Planning Services - Building Inspection: No comments at this juncture. The Environmental Health Department reviewed the application for completeness and has determined there is not sufficient documentation to proceed with the application. APPLICATION INCOMPLETE: 1. The Noise study was not included with attachment. The Noise Study has been attached. 2. Please provide a copy of the submitted APEN application. As noted in the Environmental Health Questionnaire, the APEN has not been applied for yet. The operator will apply for an APEN prior to commencement of mining. 3. Please provide an on -site dust abatement plan. See attached. 4. Please provide the fuel tank sizes. On -road diesel up to 500 gallons, off -road diesel up to 10,000 gallons, gas up to 600 gallons. The contact for this land use application will be Lauren Light, Program Manager/Environmental Planner, Environmental Health Services with Environmental Health, Ilight a@weldgov.com, who may be reached at 970.400.2211. The Department of Planning Services — Development Review reviewed the application for completeness and has determined there is sufficient documentation to proceed with the application. The contact for this land use application will be Melissa King, P.E., Development Review Engineer mking@weldgov.com who may be reached at 970.400.3762 The Department of Planning Services has reviewed the submitted materials for the Monarch Mountain Minerals and Aggregates, LLC Mine application and have the following comments: 1. Authorization Form. The telephone number and email address for the Authorized Agent/Applicant Contact Information appears to be for a different case. Please check and respond accordingly. See attached authorization form. 2. Certificate of Conveyances is dated July 28, 2023. The document set provided is not current within 30 - days of a complete application. Please arrange to have this document re -certified prior to submitting the complete application for case set up. See attached re -certified certificate of conveyances. 8308 COLORADO BLVD • SUITE 200 • FIRESTONE, COLORADO 8O5O4 • PHONE: 303.833.1416 • FAX: 3O3.833.285❑ Page 2 Mr. Kim Ogle September 14, 2023 3. Planning Questionnaire. Question #1. Explain the proposed use and business name. The site is known as the Section 20 Gravel Mine ("The Site") and will be operated by Ready Mixed Concrete Company, LLC. The proposed use of the site is a construction aggregate mine and water storage. Comment — Later in the application there is mention of a ready -mixed concrete plant and a hot mix (asphalt) plant. If these additional improvements are a part of the application, please so indicate. Correct, the application calls for a concrete plant and asphalt plant and the answer to question 1 has been updated to indicate this. 4. Planning Questionnaire. Question # 3 Describe the current and previous use of the land. The property is historically agricultural, flood irrigated crops and oil and gas exploration. Comment -- Later in the application there is mention of existing dwellings and outbuildings. Please describe structures. There are 2 houses that are used as dwellings and 4 other buildings used for storing farm equipment. Question 3 has been updated to indicate this. 5. Planning Questionnaire. Question # 11 List the types, number and uses of the existing and proposed structures. There are currently two farmhouses and associated outbuildings. The farm building to the west and associated structures are proposed to be removed. The eastern farmhouse is proposed to remain as residential. A shop is proposed to be constructed north of the main access. Comment— Please identify the size of the shop and intended uses to occur within. If construction type is known, would be beneficial to referral agencies to have knowledge of this. Are there other physical improvements on the property, for instance irrigation canals or ditched, headgates, oil and gas appurtenances? Will there be a company fueling station — red dye no. 2, OTR diesel, gasoline for the yellow iron and company trucks? If yes please indicate the petroleum service provider and quantity of each and how stored. Will there be an office and scale on site? Is the office and scale house office the same structure? The 20x20 SF trash collection area, please define trash and how stored. The shop will be approximately a 50' x 100' Clearspan building, although the shop has not been designed at this point and dimensions may change prior to construction. The operator will obtain a building permit from the local permitting entity prior to construction. The shop is intended to maintain site equipment and to house equipment lubricants. Other physical improvements include a double wide trailer (24' x 42') acting as an office and scale house. Physical improvements associated with the reclaimed use include a wet well/pump station located northeast of Cell 6 and a wellfield located in the southeast corner of the site. There is no plan for improvements to the canals, ditches or the addition of any oil and gas appurtenances. A fueling station will be included near the shop and will consist of a 10,000 gallon died diesel tank, 500 gallon on -road diesel tank and a 600 gallon gasoline tank. 6. Planning Questionnaire. Question # 15 Describe the proposed and existing lot surface type and the square footage of each type. The existing lot is agricultural fields. The fields will remain until they are mined out after which they will be slurry wall line cells mined down to bedrock. A 100 ft by 200 ft parking area is proposed by the office and shop north of the entrance. Dirt access roads will be utilized throughout the site. Comment — Is the parking area described here for the yellow iron equipment employee parking please provide greater detail. Employee parking. Yellow iron equipment will be parked in the mine area. 7. Planning Questionnaire. Question # 16 How many parking spaces are proposed? How many handicap -accessible parking spaces are proposed? Approximately 20 parking spaces are proposed for employees and any visitors to the site. 1-2 of these spaces will be handicap- accessible parking spaces. Comment — Please describe the non -ambulatory compliant parking spaces. Will there be a pad for van accessible parking, will the parking space be placard, Page 3 Mr. Kim Ogle September 14, 2023 and will there be a hard surface walk constructed to gain access to the shop and or office/ scale house. There will be 1 van accessible parking space compliant with the ADA and will be placarded. 8. Planning Questionnaire. Question #17 Describe the existing and proposed fencing and screening for the site including all parking and outdoor storage areas. Berms are proposed along county and CDOT right of way. These berms will be constructed in conjunction with the associated stage of the mine. The screening berm along the northwest corner of the site will be constructed in conjunction with the plant in order to screen the operation from the roadway. Comment — Please describe the height of the berms, how the topsoil is stabilized and what material will be utilized. If it is broadcast, drilled or hydro -mulched. If planted how irrigated to ensure a successful planting. What is the seed mix and how will the berm be maintained. There is no discussion on perimeter site fencing or steps to be taken to ensure security of the facility from all points of ingress and egress. Please provide comment. Berms will be 6' feet tall and will be seeded as specified in the DRMS Reclamation Plan which calls for using the "Weld County Sandy Site" seed mix (attached) planted by drilling and mulching. 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. There will be standard 3 wire fence along the perimeter of the site. 9. Planning Questionnaire. Question #21 Explain how this proposal is consistent with the Weld County Comprehensive Plan per Chapter 22 of the Weld County Code. The site is consistent with Chapter 22, Article 5 Section 80 of the Weld County Code, "General Commercial Mineral Deposits("aggregate") and Ore Mineral Resources Goals and Policies" to promote the reasonable and orderly exploration and development of mineral resources and to promote the reuse of reclaimed aggregate quarries for water storage. Comment— Planning Services did not locate this citation. Please provide the correct citation. Perhaps Section 22-2-30.C and Section 22-3-60.B may be applicable. The site is consistent with Section 22-2-30.C in that it will abut an existing gravel mine and water storage across Highway 60 and with Section 22-3-60.B by supporting mineral development. 10. Planning Questionnaire. Question #22 Explain how this proposal is consistent with the intent of the zone district in which it is located. The area is zoned Agricultural. The proposed use is consistent with Chapter 23, Article 3, Division 1. A, which allows for open pit mining in Agricultural Zone Districts. Comment— Please provide correct citation, include the applicable Section of the Weld County Code. Uses allowed by special review in Agricultural Zoned Districts outside of subdivisions and historic townsites as specified in Section 23-3-40.R "Open Mining and processing of minerals, subject to the additional requirements of Article IV, Division 4 of this chapter." 11. Planning Questionnaire. Question #23 Explain how this proposal will be compatible with future development of the surrounding area or adopted master plans of affected municipalities. The Town of Gilcrest Comprehensive Plan has the site designated for Agricultural/Large Lot which is compatible with the reclaimed use of water storage. Comment— Review of the current Comprehensive Plan identifies the land use for Low Density Residential. As applicant you may want to cite Title 34 C.R.S. as required for viable mineral deposit exploration as a requirement prior to development occurring. Per Title 34 C.R.S. § 34-1-305(1) "After July 1, 1973, no board of county commissioners, governing body of any city and county, city, or town, or other governmental authority which has control over zoning shall, by zoning, rezoning, granting a variance, or other official action or inaction, permit the use of any area known to contain a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extractor." Page 4 Mr. Kim Ogle September 14, 2023 12. Lighting Plan. "For safety and security of the Site the scale house, the drying and screening building, and the plants will have lights during night-time hours." Comment— Earlier discussions addressed the aggregate plant, ready mixed plant and hot mix plat. There was no mention of a drying and screening building. Please provide clarifying comments There is no drying and screening building in this application and had been removed from the Lighting Plan. 13. Soils Report. Many of the site soils are Prime Farm ground and Prime if Irrigated. One soil type is listed as of statewide importance. Please describe how the mine site will provide for the economic future of agriculture. Also discuss how mineral resource development conserves the land. Agriculture, like any industry, depends on public infrastructure to develop and bring products to market. Weld County's population, like the rest of the Front Range, is rapidly growing, putting additional strain on public infrastructure such as roads. New sources of construction materials, such as this mine, will be necessary to expand the current infrastructure to accommodate the increased use as well as maintain current use. Additionally, the site's reclaimed use will be developed water storage. According the to the Colorado State University Climate Center, the climate of the Front Range is semi -arid and irrigation depends on snowpack runoff. Most of this runoff occurs in the spring season and varies significantly from year to year. Without adequate infrastructure to capture early runoff or excess runoff in the wetter years the agricultural economy may face loss due to lack of water towards then end of the irrigation season. This site will benefit the agricultural economy by adding needed water storage vessels along the South Platte Watershed. 14. Notice of Inquiry Forms. Please return the signed forms for each municipality with the final application submittal. Included. 15. Please submit a complete list of the names and addresses of any owner, operator of any oil and gas facilities, irrigation ditches/laterals, pipelines, overhead electric lines, railroad, et cetera on the property. Included, see attached DRMS Exhibit C-3 Structure Map. 16. Please submit a copy of any Surface Use Agreement with minerals associated with the parcels contained within the USR-DRMS Permit boundary stipulating that oil and gas activities have been adequately incorporated into the design of the site in accordance with Section 23-2-160.Z Weld County Code. There are three Mineral Leasehold Owners at the Site, PDC Energy, Inc, Kerr-McGee Oil & Gas Onshore LP, and Noble Energy, Inc. (See attached list from Zeren Land Services). There are no SUAs involving the mine but structure owners were notified of the project and sent maps during the DRMS permitting process. Noble reached out to CR to discuss the mine layout and future plugging and abandonment of wells at the site and their comments were taken into account when designing the mine. See the attached email correspondence. 17. The application narrative states the post mining reclamation is to create a series of water reservoirs. Has there been discussion addressing the end users that may be associated with the use of the water in these reservoirs? Not at this time. 18. Please provide a copy of the DRMS application and all supporting maps. Attached. 19. Please provide a copy of all onsite wells permitted by the Division of Water Resources. See Below and attached spreadsheet. Permit ApplicantName 293470--A ZABKA FARMS INC Page 5 Mr. Kim Ogle September 14, 2023 325211- 325209- 13689 -R -R 231167- 13671 -F -R 12462 -R -R 325207- 13688-R 13640-F 325210- 13690-8 1123- 91101-VE 22510-MH 325205- 231167- 325208- 251239--A 125566--A 6562-F 325206- 42858-- H RED TIERRA EQUITIES LLC RED TIERRA EQUITIES LLC RED TIERRA EQUITIES, L.L.C. (LEMBKE, ROBERT) PATRIDGE, DEBORAH D. RED TIERRA EQUITIES, L.L.C. (LEMBKE, ROBERT) SORELLE, CARROLL RED TIERRA EQUITIES LLC RED TIERRA EQUITIES, L.L.C. (LEMBKE, ROBERT) RED TIERRA EQUITIES, L.L.C. (LEMBKE, ROBERT) RED TIERRA EQUITIES LLC RED TIERRA EQUITIES, L.L.C. (LEMBKE, ROBERT) CAW EQUITIES LLC (LEMBKE, ROBERT A.) BIRD/ZABKA FARMS NORTHERN COLO WATER CONSERVANCY DIS RED TIERRA EQUITIES LLC PATRIDGE, MICHAEL A. RED TIERRA EQUITIES LLC HARDING CHARLES H & JULIE N FARM BOY INC RED TIERRA EQUITIES, L.L.C. (LEMBKE, ROBERT) RED TIERRA EQUITIES LLC TPI PETROLEUM INC 20. Please provide a copy of each OWTS associated with all existing and proposed structures located within the USR-DRMS Permit boundary. The existing farmhouse located in the eastern midsection line was constructed in 1945 and no available documentation is available for the septic system of the house. The site will operate for years prior to constructing the office and shop building and these buildings and septic systems have not yet been designed. The first stages of mine life will utilize portable toilets located at the mine face. 21. Please provide a copy of all supplementary documents as outlined in Chapter 23, Article IV, Division 4 of the Weld County Code. Documents outlined in Division 4 were incorporated in the initial application and questionnaires. 22. Please provide a copy of all supplementary documents as outlined in Chapter 23, Article IV, Division 4 Section 23-4-280 of the Weld County Code. A. The full DRMS application has been included with this letter. B. Water may be obtained from the wells listed above or drilled in the future, the Western Mutual Ditch, and/or from the Farmers Independent Ditch. C. There exists one existing access onto the property which does not contain drainage structures. The main access to the Site will be off of SH-6o. The main access and drainage structure will be designed during the COOT Access Permit application process. D. The typical cross section of the site haul roads is included in the maps. Haul road profiles will vary depending on the stage of the pit and depth of the cell and were not included in the map. Please feel free to contact me with any questions or concerns. CIVIL RESOURCES, LLC Page 6 Mr. Kim Ogle September 14, 2023 Kyle Regan Civil Resources, LLC JAUnited Water & San-141\Section 201WeId County USRI_ CompletenesslCompleteness Review Response Letter.doc Red Tierra Equities, LLC July 2023 USE BY SPECIAL REVIEW MINING QUESTIONNAIRE CIVIL RE Sr7OLIRC"ES 1. Describe any active mining permits that the applicant holds within Weld County. The applicant holds active mining permits for the Holton Site west of Fort Lupton, the Pit 28 Site east of Weld County Road 27 on Weld County Road 8, and the Nix Site west of Platteville on State Highway 66. 2. Describe the types, numbers and purpose of structures that will be built on -site and any operation and processing equipment and vehicles to be utilized, including overhead and below -surface conveyors and whether temporary or permanent. Proposed permanent improvements include seven (7) slurry walls for dry mining and post -mining water storage, and associated infrastructure to distribute water to and from water storage facilities. Most improvements will be present for the life or mining (including reclamation); improvements include an office, a shop, an aggregate plant, a concrete batch plant, and an asphalt plant. Dirt access roads will be constructed at the site. Overhead conveyors will be utilized to move aggregate from each cell to the plant site. An overhead conveyor crossing will be constructed over the Western Mutual Ditch. The primary driveway to the Site will temporarily include signage, lighting, fencing/screening and landscaping as determined over the course of review. Parking will be located next to office and plant facilities. Equipment to be used: Scrapers, Dozers, Motor Graders, Excavators, Loaders and pick up trucks. 3. Describe the number of shifts and/or rotations to be worked and the average and maximum number of employees. An expected 14 employees will work at the site. Depending on market conditions this could increase to 20 staff employed at the site. Shift work is not proposed. 4. Describe any groups of persons who may access the site on a typical, expected basis including visitors, deliveries, etc. In addition to the 14 employees working at the site, the primary source of additional visits will be truck drivers receiving loads for delivery off -site. The aggregate operation is estimated to generate up to 1,040 trips per day or 520 outbound loaded trucks. The concrete and asphalt plants are estimated to generate up to 762 daily trips or 381 outbound trucks. Others visiting the site include vendors, mechanics, inspectors and others with occasional business at the Site. The facility is not open to the general public. 5. Explain if the operation will involve a wet or dry pit and/or a slurry wall. Phases 2 through 5 will be slurry wall lined and dry mined. Stage 1 will be wet mined to establish the freshwater ponds and siltation pond. 6. Describe the size of the area (by acreage and depth) to be worked at any one time. The Site timetable is set up in one 1 year increments which is based on a production of 2,000,000 tons per year. The size of the area to be worked at any one time to get this production quantity will vary depending on the local quality of the deposit and depth to bedrock. The depth of the deposit varies from approximately fifty (50) feet to ninety five (95) feet at its deepest point in the south east corner. Each stage is approximately twenty-five (25) to thirty (30) acres in size. The Operator will mine multiple stages 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 stages will be worked concurrently, the approximate size of the area to be worked at any one time will range from twenty-five (25) to one hundred and twenty (120) acres and will depend on market conditions. Red Tierra Equities, LLC July 2023 CIVIL RES.IOURC"ES 7. Describe the estimated timeframe that will be required for the various stages of the operation including site preparation, site construction, pit and stockpile development, mining and reclamation. Stage 1 (Aggregate Plant, Siltation Pond, Freshwater Pond): 2 years Stage 2 (Cell 3): 3 years Stage 3 (Cell 4): 3 years Stage 4 (Cell 5): 7 years Stage 5 (Cell 6): 4 years Stage 6 (Cell 7): 2 years Stage 7 (Cell 8): 2 years Final Reclamation: 2 years Total: 25 years *Timetable is approximate and is based on aggregate reserves estimated from widely spaced borings and current market conditions. 8. Describe the type of material and the depth and thickness of the mineral deposit to be mined and the thickness of growth medium and or overburden to be removed and stockpiled. The deposit consists mainly of sand and gravel with some lenticular clay deposits. The depth to bedrock ranges from fifty (50) feet deep in the northwest to ninety-five (95) feet deep to the southeast side of the site. Overburden is mainly sandy silt grading in to silty sand averaging approximately five feet in depth. 9. Describe the proposed use of reclaimed lands and an explanation of the reclamation process, including if any water storage is proposed post -reclamation. The proposed use of the reclaimed land will be developed water storage. The finished slopes of the reservoir will be no steeper than 3:1 for slopes mined at a 3:1. The Operator may wish to mine at a steeper high wall and utilize bedrock or clay material as fill for the finished slope, in which case the finished slope will be no steeper than 4:1. Disturbed areas not used as water storage will have a minimum of 6" of top soil and will be revegetated with the DRMS approved seed mix. 10. Explain and justify any request to operate beyond the standard Mining Operations Policies per Section 23-4-290.A and /or B of the Weld County Code. Such waivers may be considered and approved by the Board of County Commissioners. Not Applicable 11. List any County, Municipal or CDOT roads and bridges to be utilized along with site entrance/exit points. The site entrance/exit point will be located off of State Highway 60. Most traffic will utilize State Highway 60 to the north or take State Highway 60 south to State Highway 85. County roads are not planned to be utilized for commercial traffic. ` l) CIVIL REST U RCES STRONG DESIGN. ENDURING VALUE. TECHNICAL MEMORANDUM T0: Weld County Development Review FROM: Civil Resources, LLC DATE: July 27, 2023 RE: Drainage Narrative For Section 20 Gravel Mine USR This memorandum discusses the proposed drainage impacts for the Section 20 Gravel Mine (the Site). EXISTING CONDITIONS The Site currently consists of flood irrigated farmland with water supplied by laterals of the Western Mutual Ditch. The Western Mutual Ditch bisects the southeast corner of the site. Site topography is divided by an elevated area that runs north to south along the mid -section line. To the east of the divide, topography generally flows to the northeast. To the west of the divide, topography generally slopes down towards the northwest. The area south of the Western Mutual Ditch falls in elevation towards the center of the quarter section towards a small ditch lateral and road that eventually flows towards an irrigation pond south of the ditch. The existing topography with drainage arrows is shown on Figure 1. Most of the site is graded towards return ditches that convey water to six (6) infiltration ponds located throughout the site. The area south of the Western Mutual Ditch is graded towards three ditches that run north to south that empty into the Western Mutual Ditch. The only area graded to leave the site without being routed to a pond is the fifty-five (55) acres area in the northwest corner of the site that flows to the Highway 60 and Weld County Road 44 roadside ditches. The Highway 60 roadside ditch flows to a 24" culvert that flows west under the Highway. The Weld County Road 44 roadside ditch flows west to an 18" culvert that flows north under the road. All other areas are directed to irrigation/infiltration ponds located throughout the Site(See Figure 1 for flow paths). PROPOSED CONDITIONS The Site will be mined in stages starting in the northwest corner for the Siltation and Freshwater Ponds and then will progress clockwise. Mining is expected to take approximately twenty-five (25) years. Areas yet to be mined will be utilized as their historical use and existing topography will remain until the Operator opens that stage. Once mining is completed in a stage, that area will be reclaimed to it's future use which will mainly be slurry wall lined below grade reservoirs. All precipitation that falls within the mine cell or reclaimed reservoir will flow into the pit. Areas between the cells will retain their historical flow pattern to the edge of the property where they are routed to the northwest corner, an existing pond, or the Western Mutual Ditch. The Site will consist of seven (7) slurry wall lined cells and two unlined cells in the northwest of the Site. An aggregate plant will be constructed in the first stage of the mine in Cell 8 and will remain until Cell 8 is mined out at the end of mine life. The aggregate plant will collect comingled wash water and pump it back to the siltation pond. 323 FIFTH STREET• FREDERICK, COLORADO 8❑53❑• PHONE: 3O3.833.1416 • FAX: 3❑3.833.285❑ Monarch DENM Access Improvements — HWY 60 weld County Colorado Prepared: June 21, 2023 Page 2of2 CIVIL RES- U RCES STRONG DESIGN. ENDURING VALUE. A concrete batch plant and/or an asphalt plant may be constructed at the site depending on need. These will be located in Cell 6 and Cell 8, respectively. These areas will drain towards the freshwater and siltation pond. A berm will be constructed in the first stage of mine life to screen the plant areas and will also act in restricting stormwater flow to the roadside barrow ditches. See Figure 2 for the final reclaimed site plan with drainage arrows and see Figure 3 for the Mine Plan Map. CONCLUSION The proposed land use for the Section 20 Gravel Mine will significantly reduce the amount of stormwater and irrigation runoff from the site. A majority of the land will be reclaimed as below grade reservoirs which will retain precipitation that falls within the slurry wall. Areas not reclaimed as reservoirs will be graded to keep existing flow paths and all discharge will leave the site in the northwest corner at the intersection of Weld County Road 44 and State Highway 60 or will discharge to the Western Mutual Ditch. The site will obtain a discharge permit from the Colorado Department of Public Health and Environment for comingled process water and stormwater discharge prior to operating at the site. JAUnited Water & San-141\Section 201Weld County USR1Drainage NarrativelSection 20 Drainage Memo.docx Water & San-1411Section 201DrawingslSheetslSection 20 USR.dwg, Drainage Ex, 7/28/2023 9:30:16 AM cu OO I M I DISCHARGE TO is" CULVERT r D/SCHRRGE TO 24 - CULVERT DITCH FLOWS NORTH -f� 0 i DITCH FLOWS WEST R DITCH FLOWS WEST —CR-44 �I Q G ❑❑ ❑ 46.6' —..., I 1, t 8 —�, mop, a ---- 44 vo L� � W ) �I7 I' /. IRRIGATION POND DITCH EAST AND WEST OF ACCESS ROAD FLOWS TO IRRIGATION POND raft aloft. *3/4„.. �r 0 A: N` WLLL I r RETURN DITCH FLOWS EAST TO IRRIGATION POND IRRIGATION POND r SWALE FLOWS TO IRRIGATION POND 00 0 f r RETURN DITCH FLOWS TOWARDS IRRIGATION POND R IRRIGATION POND 4 1 I I i i i -4_ I `I� �•cI i +f RETURN DITCH FLOWS NORTH AND WEST TO IRRIGATION POND i o 1�. CULVERT I 1 n IRRIGATION POND r RETURN DITCH FLOWS EAST AND WEST TOWARDS IRRIGATION PONDS RETURN DITCH FLOWS NORTH AND WEST TO IRRIGATION POND ` I't_-- 67-7/ '/ 1 /tea• -� -- i_ es 2, `t' ," r . _-' i I0 I �C NORTH 0 150 300 ( IN FEET) Know what's below. LEGEND EXISTING 5' CONTOUR EXISTING 1' CONTOUR DRAINAGE BASIN DRAINAGE ARROW DITCH OR SWALE AND FLOW PATH CIVII RI-S-1)URCIS 323 5th STREET P.O. Box 680 FREDERICK, CO 80530 303.833.1416 W W W. CIVI LRESOU RCES. COM RED TIERRA EQUITIES, LLC 8301 E PRENTICE AVE #120 GREENWOOD VILLAGE, CO 80111 303.771.1005 (p) CONTACT: DREW DAMIANO SECTION 20 USE BY SPECIAL REVIEW APPLICATION GILCREST, COLORADO REVISIONS NO. DESCRIPTION DATE DESIGNED BY: BLH DRAWN BY: KR CHECKED BY: BLH DATE: 9/16/2021 SCALERS NOTED AS NOTED JOB NO.: 303.001.04 DWG NAME:GILCREST-AREA-GEOLOGY.DWC EXISTING DRAINAGE MAP SHEET: FIGURE 1 n Call before you dig. 0 u J:1United VVater & San-1411Section 20tDrawingslSheetslSection 20 USR.dwg, Drainage prop, 8/1/2023 2:40:53 PM 00 I 0 x i I I f I I DITCH FLOWS WEST • — - -L- - - - - -- CULVERT UPSIZED TO 36"1 FROM 24" DITCH FLOWS NORTH n DITCH FLOWS WEST I SILT POND WILL - BE RECLAIMED TO NATIVE GRADE I I r- 0 AREA DRAINS TO WESTERN MUTUAL DITCH i Mr,A �I d'ELL 8 FILL IN IRRIGATION POND AND GRADE TOWARDS ROADSIDE DITCH /1 DITCH EAST AND WEST y OF ACCESS ROAD FLOWS A� TO IRRIGATION POND i i� t1 I `;mod '6 3 I 1 of, ni /V - RETURN DITCH FLOWS EAST TO IRRIGATION POND IRRIGATION POND SWALE FLOWS TO IRRIGATION POND 1 / / \%; 1 / / / / / / ‘e/ / /\1 /r- r / { / �/ WCR-42 / oo J /� / /./ i / f POND TO REMAIN RETURN DITCH FLOWS NORTH AND WEST TO IRRIGATION POND CULVERT -/ \p\yM \� \\D,\\\\gip \\\\\ \ „ %,`\ rn I _ M IRRIGATION POND i ' RETURN DITCH FLOWS FACT AND WEST TOWARDS IRRIGATION PONDS AREA DRAINS TO WESTERN MUTUAL DITCH / iz' / /// s 'r / i < l'f _1t y i i r \0\ Q RETURN DITCH FLOWS NORTH AND WEST TO IRRIGATION POND L� f O N � CPL K C LEGEND AREA DRAINS TO WESTERN MUTUAL DITCH 1(E NO RTH 0 150 300 1 IN PEETI ow what's below. Call before you dig. EXISTING 5' CONTOUR EXISTING 1' CONTOUR PROPOSED 5' CONTOUR PROPOSED 1' CONTOUR DRAINAGE ARROW DITCH OR SWALE AND FLOW PATH Civil RES-73)URCES 323 5th STREET P.O. Box 680 FREDERICK, CO 80530 303.833.1416 WW W.CIVILRESOURCES.COM RED TIERRA EQUITIES, LLC 8301 E PRENTICE AVE #120 GREENWOOD VILLAGE, CO 80111 303.771.1005(p) CONTACT: DREW DAMIANO SECTION 20 USE BY SPECIAL REVIEW APPLICATION GILCREST, COLORADO REVISIONS NO. DESCRIPTION DATE DESIGNED BY: BLH DRAWN BY: KR CHECKED BY: BLH DATE: 7/28/2023 SCALEAS NOTED AS NOTED JOB NO.: 303.001.04 DWG NAME:GILCREST-AREA-GEOLOGY.DWC PROPOSED DRAINAGE MAP SHEET: FIGURE 2 J:1United VVater & San-1411Section 20tDrawingslSheetslExhibit C -Mine Plan.dwg, USR, 6/5/2023 2:23:07 PM 1t� I� 21.7 I I CELL 1 PHASE 1 COMINGLED PROCESS AND S FORM6bATER D/SCHARGE PO/NT OVERBURDEN STOCK PILE BERM S -_t t� CELL 2 PHASE 2 CELL 8 SLURRY WALL 3,374 LF � CELL 1 FRESHPOND APPROX ACRES • BE I( ++f III / INCLUDED IN ELL 8 CELL 8 PHASE 1 I )i 2 AGGRE +1 PLANT a II IIIIIIIIIIIIIIIIIIIIIIIIII Il l l lllllllllllliEylllllllllllllllllllllllllllllllllllllll u • • t 1 I t'� • • • CELL B PHASE 2 • I\\ • ASPHALT ` ` �I II mot z 10 ACRES /,- , � �= OFFICE AND SHOP / \ i ih�� a INV EL: 4,733.5' - 8 MIN' MIT TO PR GAS LINE CELL 6 PHASE 1 20.5' PROP P GAS LINE TO SLURRY WALL PROPOSE RELOCATED DCP GAS LINE a 3855 LF N FROM Y WALL CELL 6 SLURRY WALL 7,590 LF CELL 6 PHASE 3 FROM RY WALL WESTERN (�P4'� r GAS LINE TO BE REMOVED CELL 2 PHASE 3 CR-44 h %: CONCRETE BATCH PLANT z 10 ACRES CELL 6 PHASE 2 CELL 6 PHASE 4 FUTURE MINE AREA TO BE INCLUDED IN CELL 6 (AFTER SOLAR ARRAY REMOVAL) - �. El 10' FROM SLURRY WALL TO BE CONSTRUCTED CONCURRENTLY WITH CELL 6 (DESIGN WILL BE PROVIDED TO DRMS PRIOR TO CONSTRUCTION) L PLUGGED -AND ABACI ONED CELL 7 PHASE 1 CELL 3,7 DISCHARGE POINT INFILTRATION POND SLURRY WAIL LF CELL 7 PHASE 2 SCHARGE LINE O INFILTRATION POND 4,711 LF WELL FACILITY REMOVED DROP IN TO 5' MANHOLE WEST INV: 4,733.0'', EAST INV: 4,735.1' TRANSITION TO SOLID PIPE 30+00 8 CELL 3 PHASE 1 .01d0 4M SW LAMENT CELL 4 PHASE 1 CELL 4 SLURRY WALL 5,506 LF CELL 5N PHASE 1 Oo CELL 3 SLURRY WALL 6,977 LF CELL 3 PHASE 2 CELL 4 PHASE 2 J04.6 -v 5*o0 • CELL 5N PHASE 2 4D+00 UNDERDRAIN 10' FROM SLURRY WALL OR SERIES OF DEWATERING WELLS TO BE CONSTRUCTED CONCURRENTLY WITH CELL 4 (DESIGN WILL BE PROVIDED TO DRMS PRIOR TO CONSTRUCTION) 554-00 CELL 5 DEMISING SLURRY WALL 2,607 LF 504-00 I I 30+00 CELL 3 PHASE 3 CELL 4 PHASE 3 CELL 5N PHASE 3 a CELL 5 SLURRY WALL 8,761 LF r 0 0 1 1 1 I 0 0 0 65.3' 30,0' LANDSCAPED BERMING ALONG NEIGHBORS PROPERTY LINE 54 8' O C NORTH 0 15D 300 ( FM) Know what's below. Call beforeyou dig. LEGEND: 11—h I (5i 40) _ 141 It F E JV 1JIDn 4§,_ II PROPOSED PERMIT BOUNDARY SLURRY WALL ALIGNMENT PROPOSED MINE LIMIT PROPOSED MAJOR CONTOUR PROPOSED MINOR CONTOUR EXISTING BARBED WIRE FENCE EXISTING EDGE OF PAVEMENT EXISTING EASEMENT SECTION LINE EXISTING RIGHT OF WAY PROPOSED UNDERDRAIN EXISTING GAS LINE EXISTING WATER LINE PROPOSED ACCESS ROAD EXISTING DIRT ROAD EXISTING BURIED ELECTRICAL EXISTING OVERHEAD ELECTRICAL EXISTING FIBER OPTIC WATERWAY MONITORING WELLS ELECTRICAL BOX OVERHEAD ELECTRIC POLE ChVhh RES-73)urzCES 323 5th STREET P.O. Box 680 FREDERICK, CO 80530 303.833.1416 WW W.CIVILRESOURCES.COM RED TIERRA EQUITIES, LLC 8301 E PRENTICE AVE #120 GREENWOOD VILLAGE, CO 80111 303.771.1005(p) CONTACT: DREW DAMIANO SECTION 20 DRMS 112 RECLAMATION PERMIT GILCREST, COLORADO REVISIONS NO. DESCRIPTION DATE DESIGNED BY: BLH DRAWN BY: KR CHECKED BY: BLH DATE: 9/16/2021 SCALEAS NOTED AS NOTED JOB NO.: 303.001.04 DWG NAME:GILCREST-AREA-GEOLOGY.DWC MINE PLAN AND TIMELINE SHEET: FIGURE 3 On -Site Dust Abatement Plan Section 20 Gravel Mine Purpose This Dust Abatement Plan outlines the measures and strategies to be implemented at the Section 20 Sand and Gravel Mine (the Site) to minimize dust emissions and maintain air quality in accordance with local regulations and environmental standards. This plan is in addition to the Air Pollution Emissions Notice that will be obtained from the Colorado Department of Public Health which regulated fugitive particulate emissions. Sources of On -Site Dust Aggregate mining and processing requires equipment to expose and transport materials containing fine particulates which presents the opportunity for dust to be created. Some potential sources of dust at the Site include: • Excavation and haulage activities. • Crushing, screening, and processing equipment. • Vehicle traffic on unpaved roads. • Stockpiles of aggregate, overburden, and topsoil. Controls The following controls may be used to either eliminate dust creating or mitigate its effects at the Site. Since conditions are constantly changing as mining progresses, the Operator will decide which controls will be most effective in controlling dust emissions at the site. • Water Spraying: A water truck will regularly spray active work areas, haul roads, and unvegetated stockpiles. • Speed Limits: Speed limits will be set to minimize on -site dust generation from vehicle traffic. • Sweeping: A street sweeper will regularly sweep paved roads to minimize dust build up. • Equipment Maintenance: Ensure proper maintenance of equipment to prevent fugitive dust emissions. • Wind Breaks: Wind breaks may be installed to help minimize the potential for wind to pick up dust emissions. • Vegetative Cover: Stockpiles will be seeded and mulched when left in place more than one (1) year. Page 1 of 1 Red Terra Equities, LLC - Section 20 Gravel Mine Noise Management Plan September 25, 2023 Prepared for: Red Terra Equities, LLC, LLC. 8301 East Prentice Avenue, Suite 120 Greenwood Village, CO 80111 Prepared by: Behrens and Associates, Inc. 2320 Alaska Avenue El Segundo California, 90245 Shaun Norris Senior Acoustical Engineer .+. Jason Peetz Engineering Manager Corporate Office: El Segundo, California Carson, California Aledo, Texas — Longmont, Colorado — Smithton, Pennsylvania — Red Deer, Alberta Oakland, California — Johnson City, Tennessee Phone 800-679-8633 —Fax 310-331-1538 www.environmental-noise-control.com w- v-w.drillingnoisecontrol.com Behrens and Associates, Inc. Environmental Noise Control. 1. Executive Summary The following report provides a noise study of the proposed mining and processing operations at the Section 20 Gravel Mine site. The Section 20 Gravel Mine site is located in Weld County, Colorado and being permitted through the Use by Special Review (USR) permit process. Per Red Terra Equities, LLC, the industrial noise limit found in Colorado Revised Statutes 25-12-103 has been assigned to the site. To assess the noise levels associated with the project, a noise modeling analysis of the proposed Section 20 Gravel Mine operations was performed. Sound level data utilized in the Section 20 Gravel Mine mining and processing operations was based on file data of similar equipment collected by BAENC and used to construct multiple noise modeling scenarios using SoundPLAN 9.0 software. The predicted noise levels represent only the contribution of the project operations and do not include ambient noise or noise from other facilities. The noise modeling results listed in Table 1-1 indicate that the proposed mining and processing operations at the Section 20 Gravel Mine site are predicted to comply with the allowable CRS noise level limits at all modeled receptor locations. Table 1-1 Section 20 Gravel Mine Noise Modeling Results (dBA) Noise Sensitive Location Receptor Scenario 1 Scenario 2 Scenario 3 1 59 59 59 2 49 49 49 3 45 45 45 4 45 46 47 5 43 48 53 6 42 50 62 7 43 55 64 8 48 63 52 9 63 47 46 10 46 46 46 11 53 53 53 Industrial CRS Noise Limit 80 Day / 75 Night Executive Summary Behrens and Associates, Inc. Environmental Noise Control. 2. Introduction The following report provides a noise modeling analysis of the proposed mining and processing activities at the Section 20 Gravel Mine site operated by Red Terra Equities, LLC. This study has been conducted in relation to the Industrial Zoned allowable noise limits found in the Colorado Revised Statutes (CRS) 25-12-103 noise regulations. The noise modeling includes the proposed phases, trucking operations, and mechanical equipment of the mining and processing operations at the Section 20 Gravel Mine site per project documents provided by Red Terra Equities, LLC. The Section 20 Gravel Mine site (40.297051°, -104.810598°) is located southeast of the intersection of County Road 60 and County Road 44 as shown in Figure 2-1. To assess the operational noise levels of the proposed Section 20 Gravel Mine site, file noise level data previously measured and typical of the training and processing equipment was utilized in the noise modeling. The noise models were developed using SoundPLAN 9.0 software. The following is provided in this report: • A brief introduction of the fundamentals of noise • A review of applicable CRS 25-12-103 noise standards • A discussion of noise modeling methodology • An assessment of the predicted operational noise levels in relation to the noise level limits. Figure 2-1 Section 20 Gravel Mine Location Introduction Behrens and Associates, Inc. Environmental Noise Control 3. Noise Fundamentals Sound is most commonly experienced by people as pressure waves passing through air. These rapid fluctuations in air pressure are processed by the human auditory system to produce the sensation of sound. The rate at which sound pressure changes occur is called the frequency. Frequency is usually measured as the number of oscillations per second or Hertz (Hz) . Frequencies that can be heard by a healthy human ear range from approximately 20 Hz to 20,000 Hz. Toward the lower end of this range are low-pitched sounds, including those that might be described as a "rumble" or "boom". At the higher end of the range are high-pitched sounds that might be described as a "screech" or "hiss". Environmental noise generally derives, in part, from a combination of distant noise sources. Such sources may include common experiences such as distant traffic, wind in trees, and distant industrial or farming activities. These distant sources create a low-level "background noise" in which no particular individual source is identifiable. Background noise is often relatively constant from moment to moment but varies slowly from hour to hour as natural forces change or as human activity follows its daily cycle. Superimposed on this low-level, slowly varying background noise is a succession of identifiable noisy events of relatively brief duration. These events may include the passing of single -vehicles, aircraft flyovers, screeching of brakes, and other short-term events. The presence of these short-term events causes the noise level to fluctuate. Typical indoor and outdoor A -weighted sound levels are shown in Figure 3-1. COMMON OUTDOOR NOISE LEVEL COMMON INDOOR SOUND LEVELS dB (A) SOUND LEVELS 111 Rook Banal B-747.200 Takeoff at 2 mi. Gas Lawn blower at 3 ft. Diesel Truck at 150 ft. DC -9-30 Takeoff at 2 mi. Noisy Urban Daytime B-757 Takeoff at 2 mi. Commercial Area Cluiet Urban Daytime Quiet Urban Nighttime Quiet Suburban Nighttime Quiet Rural Nighttime L .t 6) v� wt,,_..� { ! { �r O w �"� no Inside Subway Train (New Fork) 90 sa 70 60 at 3 ft* 50 40 30 20 10 Food Blender at 3 ft. Garbage Disposal at 3 ft. Shouting at 3 ft. Wacuurn Cleaner at 10 ft Normal Speech Large Business Office Dishwasher Next Room Small Theatre, Large Conference Room (Background) Library Bedroom at Night Concert Full (Background Broadcast & Recording Studio Threshold of Hearing Figure 3-1 Typical Indoor and Outdoor A -Weighted Sound Levels Noise Fundamentals Behrens and Associates, Inc. Environmental Noise Control. 4. Noise Standards The Section 20 Gravel Mine site is located in Weld County, Colorado and being permitted through the Use by Special Review (USR) permit process. Per Red Terra Equities, LLC, the industrial noise limit found in Colorado Revised Statutes 25-12-103 has been assigned to the site. 4.1 CRS 25-12-103 Noise Standards The modeling analysis was developed to predict operational noise levels at code compliance points and verify compliance of operations with the Colorado Revised Statutes (CRS) 25-12-103 noise standards. The CRS code establishes permissible sound levels by type of property and hours of the day. Based on the specifications of CRS 25-12-103, the industrial noise level limits listed in Table 4-1 are applicable to the site and will be used to assess the noise impact of the site. Table 4-1 Colorado Noise Related Statutes 25-12-103 (1) Maximum Permissible Noise Levels Zone Maximum 7:00 am to Noise next (dBA) 7:00 pm Maximum Noise 7:00 pm to next (dBA) 7:00 am Residential 55 dBA 50 dBA Commercial 60 dBA 55 dBA Light Industrial 70 dBA 65 dBA Industrial 80 dBA 75 dBA Noise Standards Behrens and Associates, Inc. Environmental Noise Control. 5. Section 20 Gravel Mine Noise Modeling 5.1 Noise Modeling Methodology The noise modeling was completed with use of three-dimensional computer noise modeling software. All models in this report were developed with SoundPLAN 9.0 software using the ISO 9613-2 and FHWA TNM 2.5 (Federal Highway Administration Traffic Noise Model) standards. Noise levels are predicted based on the locations, noise levels and frequency spectra of the noise sources, and the geometry and reflective properties of the local terrain, buildings and barriers. The ISO 9613-2 standard was used which assumes a light to moderate winds to be blowing from the source to receptor. The predicted noise levels represent only the contribution of the Section 20 Gravel Mine operations and do not include ambient noise or noise from other facilities. Actual field sound level measurements may vary from the modeled noise levels due to other noise sources such as traffic, other facilities, other human activity, or environmental factors. The modeled environmental conditions can be seen in Table 5-1. Table 5-1 Modeled Environmental Conditions Weather Parameter Modeled Input Temperature 10° C Relative Humidity 70% Air Pressure 1013.3 mbar Wind Velocity Per ISO 9613-2 Wind Direction Source to receptor Foliage Not included Ground Absorption 0.7 for general 0.0 for bodies ground cover of water Table 5-2 lists the modeled equipment and quantity for the proposed Section 20 Gravel Mine mining and processing operations. Sound level data utilized for the aggregate plant, asphalt plant, and concrete batch plant operations was based on file data of similar equipment collected by BAENC during an operational sound level survey. The construction equipment sound level data utilized in the modeling was based on construction equipment data published in the UK Department for Environment, Food, and Rural Affairs (DEFRA) Construction Noise Database, revised September 2008. The sound level data was then calibrated to match the construction equipment overall peak sound levels tabulated in the U.S. Department of Transportation, Federal Highway Administration Construction Noise Handbook, updated January 2018. Section 20 Gravel Mine mining and processing equipment placement and orientation was provided by Red Terra Equities, LLC. The predicted modeling results are dependent on equipment and orientation as indicated. Trucking operations were modeled to represent the road traffic noise generated from the loading oftrucks for delivery off site. The aggregate operations are estimated to generate up to 1,040 trips per day or 520 outbound loaded trucks. The concrete and asphalt plants are estimated to generate up to 762 daily trips or 381 outbound trucks. Section 20 Gravel Mine truck traffic volume estimations were provided by Red Terra Equities, LLC. Section 20 Gravel Mine Noise Modeling Behrens and Associates, Inc. Environmental Noise Control. The modeling results are inclusive of the equipment listed in Table 5-2 as well as trucking operations and assumes simultaneous operation of all noise sources. Table 5-2 Section 20 Gravel Mine Major Noise Emitting Equipment Included in Model Quantity Equipment Aggregate Plant 1 2 Articulated Haul Trucks Asphalt Plant 1 Concrete Batch Plant 1 D8 Dozer 1 1 Excavator 1 Extended Boom Forklift 4 Front End Loaders - Heavy Truck Route Manlift 1 3 Pickup Truck Water Truck, 8000 Gallon 1 The noise modeling results are dependent on the aggregate plant, asphalt plant, concrete batch plant equipment layout and operating conditions at the time the equipment was surveyed. Changes or additions to any equipment (e.g., blowers, dust collectors, conveyors, etc.) or enclosures housing equipment may result in operational noise levels that are inconsistent with the modeling results. It is therefore recommended equipment surveys of Section 20 Gravel Mine equipment be conducted whenever changes are made to equipment being used in the field. Section 20 Gravel Mine Plan Map is shown in Figure 5-1. 5.2 Noise Sensitive Receptors The noise sensitive receptor locations have been chosen to be consistent with the requirements of the CRS 25-12-103 noise standards. The requirements state that dBA noise levels shall comply with the applicable noise limits as measured at the property line. The locations of the noise sensitive receptors placed at various points along the property line and surrounding environment can be seen in Figure 5-2. Section 20 Gravel Mine Noise Modeling Behrens and Associates, Inc. Environmental Noise Control i t i . anima* %POOL MR tar% ktlzt 1 ! 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MAL Sat i its t I I L 1 1 I I f f 1 -I 0- 'I I� '� �1 X11 f � . 1 1 i 1 EIT *aft a I.010V -- er 1 � 1 11 1 l —�----- t�- 1 1 `--- - �- - - -- - 1 s --may I ---a a S allaaaalalaaa16 amuJ I %I aaanf.se 1 F: t 1 1 1 1 1 i, I r .,., l 1 i 1 1 Ph Ha =a'1 alit re*sta flat! V -1 IV -el a.Ma. Salt 1 Y/(lwOlate It Mae! Sian MU. CM Nie Oe Ot,bek$440 wit] TO IR CO Ills @D CONOMttItlt win• CM ♦ MIND( M . It a�wr4V LMAI MS tp 1 I 1 1 • I I om s+car r etae.sti a V. P. Wrgtl et• ra7.ti1a �. r.. Syr'-s'ir ra er luso Sun Mow Call Win par 24 LEGEND. i a PIIDPOSID FERMI eotairatlx SLURRY VAL4 At ,Nisst i PROVOS, D Hine t pRoPostt7 Woof' roliTOIIf PROPOS* MOP cON OUR eaSTIRG WOW MAt Ilia EXISIING MG Gi VAYI PR NI VOST1K; CASriltRI SLOWS tat — — PIRG MIQTi Of SW MOOSE° lytDERAIVal EXtSII11G GAS 121E PtO POST, AMISS ROAD EUSTIIIG DINT ROAD EXISIINCM DuRIED EtIC'TAIf.A1. CUSHING CIATR !tAD tlECIRICAL EXISTING EI1ER OPTIC WATERWAY ► ONDORING WELLS ® ELEC'tRIC/A edS ? OVERHEAD ELECTRIC POIf tie ettea': t 1vII RfS7Wift t S 111 Ste SIAM Po Doff 6110 IR ERIUCII. CONOS9) 10113114I6 WNW CIVIt1ISOURCES CAN RED TIERRA EQu1TTE5. tlOt t nriteKE Aae a tx a WIIIPO OIFILU fLW fell I t.13:?t.ltS tt• cam ONO*o SECTION 20 112 RECLAMATION PERMIT GILCREST, COLORADO • • tttaa ro gi an nor s111t&I I 04444 al u IGrtfAt.\O':'IiD coots t. nH _V 8W.To_ lot Yep WI Pr WS ONG a aeciluAtsT•MUksitOWSP.Otr6 MINE PLAN AND TIMELINE .. rr• EXHIBIT C-5 Figure 5-1 Section 20 Gravel Mine Plan Map (DWG Name: EXHIBIT -C -5 -MINE PLAN AND TIMELINE, 9/16/2021) Section 20 Gravel Mine Noise Modeling Behrens and Associates, Inc. Environmental Noise Control. 5.3 Section 20 Gravel Mine Operations Noise Modeling Results Three modeling scenarios were created to investigate the proposed operations at the Section 20 Gravel Mine site. Table 5-3 lists the modeling parameters and assumptions per scenario. The scenarios were chosen to represent the worst -case scenarios based on the mining and processing operations proximity to residential building units. Table 5-3 Acoustical Modeling Scenarios Modeled Scenario Description Scenario 1 model Figure water equipment model assumed model plant, 5-3. and includes truck includes in to includes the pickup There operating is be and the assumed the locations truck operating the concrete equipment will be an in the to be aggregate identified (3) operating simultaneously. traffic batch excavator, operating listed plant, 3 in in Figure the Phase simultaneously. asphalt dozer, Table 5-2 front 3 of the plant, 5-4 with aggregate to and and placement loader Section and an plant from (4), concrete extended area. the haul 20 All aggregate as Gravel batch boom equipment indicated truck (2), Mine. plant lift, plant, • The in and All • The operating manlift, is • The asphalt CELL truck in operations (CELL 3 — Phase 3) plant. Scenario 2 • The in and All • The operating manlift, is model Figure water equipment model assumed model includes 5-3. truck includes in and to includes plant, the pickup There operating is be and assumed locations truck operating concrete the the the equipment will truck be an in the to be aggregate identified (3) operating simultaneously. traffic batch excavator, CELL operating listed plant, in in operations in 5 Phase simultaneously. asphalt Figure the Table 5-2 dozer, front 3 of the plant, 5-4 with aggregate to and and placement loader Section and an plant from (4), haul 20 concrete extended area. All the aggregate as indicated truck Gravel batch boom equipment (2), Mine. plant lift, plant, (CELL 5 — Phase 3) • The asphalt plant. Scenario 3 model Figure water equipment model assumed model plant, 5-3. and includes truck includes in to includes the pickup There operating is be and the assumed the locations truck operating the concrete equipment will be an in the to be aggregate identified (3) operating simultaneously. batch excavator, operating traffic listed plant, in in 5 Figure the Phase simultaneously. asphalt dozer, Table 5-2 front 4 of the plant, 5-4 with aggregate to and and placement loader Section and an plant from (4), concrete extended area. the haul 20 All aggregate as Gravel batch boom equipment indicated truck (2), Mine. plant lift, plant, • The in and All • The operating manlift, is • The asphalt CELL truck in operations (CELL 5 — Phase 4) plant. Section 20 Gravel Mine Noise Modeling Behrens and Associates, Inc. Environmental Noise Control .Eta f 1L1lt• watu CMallen'fTOS= Rat Co:ree< Y � ` I� X11 fall i' �"-fa !a !� Ilr-��/m- !-f7E-!! a '!-+E� !- � ' ISM i � ! en--41,"-� Si lE f -M i' !�'-� '! i '� SOMA Scenario 1— CELL 3 Phase 3 �-�- m �-- �- - - (.0v l IrwV.UlrC'tS ,_ _ P O. efts MD t4CEt5CRtC ll if • Scenario 2 — CELL 5 Phase 3 CO IOW nil. iti-er- Nit al.1.1t16 seas -ILI _,� 1 WW2 t�I..SDAAtfs CON I :Y OlaOS \ I — a.lf1 I i II,/ — = 1 l no irfaManol ' — — ` rri 1 I ( 'au , if � f i IIf fiM1i.1 vs 1 ]t IL t OUP SAW ea �1 sil11�+++ �;�;� � .cc�rat7. ...... . _ 11 r I I i: ...._ 441 d' tiT R.1:0 TIERRA EQUITIES. I I _ - �, '� 1 1 .r uaL f wNx>ef..f rt76 _ _ _y — - ..q� �•� I �•!•�af000P11tla.,00fi9ta 'A 14 - - - 4 -. .. - ,«;' t_. �_ IunLlow eu f \IREt511IM61YR ' �1 r. I f l - �;, _ - F 1 a.++,c. pfEafOM1W10 Hotta awaRo x to ! 1� atoms 1p tIE II50.5010fit ch,I ��i � f • y Nt I PIT _ I; 1, 1 a. p t _ , I. . n, �.: �- r� is h. .wa 1 •.» ,�i I . �., ', ....�1 i a , 1 1 i �%� a �; .. 811 i' e I a fl 911 t a II midi .1..1� c O t�. t� I shsbiint '", , , I 1 o a-, aAS141A1r 1 , I caI Nat you rs ni H 4 I t ' 11 anti AC SO Is I I I 1 I 1-+ �l �' ,_ s'' ` calultTiMTN ,,.RIPPAID r II I 20 SAP SO LIN 10 ?I LEGEND: O 1 t 1 ....+ • ilP » % f ■ r o - e Mi iMi = PROPOSED PERN17e0tnIDAR1 nu s r f 1 I a '7!W I.. � / filAlllliY':IAttALI(.►OkYII - ��S LJIIlI �+ swat 200 '� , - PRO•OSt:ONMtort[ MtlE� �I �, _`_ t f yL. II�—'T bii I 1 •f.' I�IRIPI�EDPVIIQRCDNiOIIF I .`•��i:' �.•i' �� - NOMA laOG40 Oa Y a r� ` M 1P4 • A}} V \ I PROMO NINON OMIDUR �. ,jr� • 1 ; - /� EIC�Tl11G 6AR>/ Wffet /ti,Ct �'• f� _ r--�� / l • ' __ 0' 1 I aa.a..-i -nom _ ~` _`'� f]tNii111GEOC.i d PAMI:MEffI ale TO IN �[„P� 1 1 r I ixISt1RG!h5E!EtIT SECTION UNE a li tut a tan aal % I 1 1 1` - WPM taL3,1 L>d' 1pA f `' cP I� I _ I II I ' r r I • • PROPasEOI,a,DE*DRAIN IfooN4 is 1 '', DIETING GAS L2* J I - - I / y Ja e il�t' hill tyt5iiI1GMYA'IERtIIIE I' �� i 1 it /� a It ' 1 I / I i 1 .aK>nrst ra Acxtss anAu inns lal N•+• I r ROAD •.oft wau tt la e- EXISTING DINT asvea f. a,n past ]t n.ti7JI. utL s c..xel sa,a• I�1 I.•4 % I ' -- L;�..n f. u •crtA� loo- 4oar •Iwa•u ltfir fxlsnliG Ecwi6to tlECIRICnu _ •o- ; j<' r I o •r fa; ra Ro'tti i�` Lin fwlw...-*nr r // 'NON f k]f A. I4}�tllY y •(: • ' fltt5lttK.tI1M1ERItE/IDtlittAlULL vat 'taftlarr:! ROHOM,90' PA" val. a w�tlPw - r- - •- n - I LIMING MLR OPTIC _ - frit � _ _ •.--. -� •• _ ,. _ � .,ti, . F X. • a� MINE PL►�IIV I a .�- 1 �'. NolatpR11G Wt115 -,>��s Ord I r is Mil Mk I,ar. �� ■� - F.a..a�t:aa�l_rs NI a -a MI min= Ii e i le at N. a �-; -� Int me a � as � l - to EIEt,R1Gl !WI AI�MtD�tyl ^ _ TIMELINE W� ¢ OVERMIAD It�L: IK POLE nt n a •et rlwratrtsi It I KM nR al:� KIM LI WON SSP MIL a _ 1100011C AL ONG a7 Ili -lit *Pia tr> ot ceAsToicrin 01 otomop/fl ea .alylf`4 aJil tat- ell Laslawini ,0ROPONSIC� c.* Mo.l, IN Lfal t I.i> at fl...sa. Lill • f01U161. 1 R EXHIBIT �-5 ho s Nampo K oho w IO! >n L®K,1vCO0R1 ..ovre R10MO .p0• a6 0Yersw.lta.a Figure 5-3 Section 20 Gravel Mine Plan Map and Operational Phases Section 20 Gravel Mine Noise Modeling 11 Behrens and Associates, Inc. Environmental Noise Control ! Hinged Won s S 1n 14159otDnn 20OrintaceunoadP,wkn 20 UGR Sy truck roua 616702a:3 VW PM SITE ACCESS ! disl:aalars•i«• 6' TALL BERM _- PRODUCT STOCKPILES — Concrete Batch Plant ■ f r_ ■ r ■ "ten ■ I ■ ■ ! ■ I■ ■ ■ _ I■ ■ g ■ I ■ ■ • ■ OFFICE CONCRETE BATCH PLANT ! s a as s s • sssa a as Trucking Operations S a i r i i Aggregate Plant Ilasas s • t dawn is _m. arcs✓ SITE ACCESS ROAD AND TRAVEL PATH PRODUCT STOCKPILES rAsphalt Plan r trorAd rVIE 1341 Callidniwar CIVit RES#URCES 32.1 Sm STREET C Q. Bat HO FREOB_K7(, CO b&i3A 343433 1415 RED TIERRA EQUITIES, IC an Iahast zief •:4 cs- nra trtsect.Q ma: iD7L .�pl I erar:wins tease SECTION 20 USE BY SPECIAL REVIEW APPLICATION WELD COUNTY, COLORADO War,* 7=UCICOT1 sr cotVl�.i_ awn sa_ =plaid !AM m a_ s a ACCESS AND PLANT LOCATIONS :.er-: FIGURE 1 Figure 5-4 Site Access, Aggregate Plant, Asphalt Plant, and Concrete Batch Plant Locations Section 20 Gravel Mine Noise Modeling 12 Behrens and Associates, Inc. Environmental Noise Control. The results of the noise modeling are presented in Table 5-4. The locations in the tables correspond to the locations identified in Figure 5-2. The predicted noise levels represent only the contribution of the project operations and do not include ambient noise or noise from other facilities. Figure 5-5 shows Scenario 1 Section 20 Gravel Mine CELL 3 Phase 3 Noise Contour Map in dBA, Figure 5-6 shows Scenario 2 Section 20 Gravel Mine CELL 5 Phase 3 Noise Contour Map in dBA, and Figure 5-7 shows Scenario 3 Section 20 Gravel Mine CELL 5 Phase 4 Noise Contour Map in dBA. The noise contours are provided in 5 dB increments with the color scale indicating the sound level of each contour. The results of the noise modeling indicate that the Section 20 Gravel Mine operations are predicted to comply with the Industrial CRS A -weighted noise level limits at all modeled receptor locations. Table 5-4 Section 20 Gravel Mine Noise Modeling Results (dBA) Receptor Scenario 1 Scenario 2 Scenario 3 1 59 59 59 2 49 49 49 3 45 45 45 4 45 46 47 5 43 48 53 6 42 50 62 7 43 55 64 8 48 63 52 9 63 47 46 10 46 46 46 11 53 53 53 Industrial CRS Noise Limit 80 Day / 75 Night Section 20 Gravel Mine Noise Modeling Behrens and Associates, Inc. knvironmental Noise Control 1:17-h -iis- I ire: at_ I. t I irl 'r: Wad. K -TINP •1/4ITP LE lit. ALP! S Lk •'�6 I 41a_ 42 • &ST04-'4 T AN n 1U 50.0 K 11 T PrTN( dP#"KY( _'7, r1.2111; I I i I I rme e. a _ s MI MI NMI MI ® IM1 inn ME 7s .. NMI 7� 1 Ycit.:i2 CFI 571 51'r)AAot. 2, 1 AC' T 1 / .1 '3171 r• 42 MIN MIN r 7X . mu mill l i tlptCrSY- r a Noise Level, d BA 7 1 C LA 7 Figure 5-5 Scenario 1 Section 20 Gravel Mine CELL 3 Phase 3 Noise Contour Map (dBA) 4' - 30.0 35.0 0.0 45.0 50.0 55.0 - 60.0 - 65.0 - 70.0 5.0 60.0 65.0 00.0 alM. Section 20 Gravel Mine Noise Modeling 1200 feet Behrens and Associates, Inc. Environmental Noise Control r -m5 .ol r at... r‘tern Mt• .s/fn'MMv rra • o DM ssnal Rit �+un 44 d � �o •"4.• 1 ' I.lsr 9i twat , POND AOPPJX lk Au s ry w '.NCI.riDF lncau. a Cat e s ORAGE:.7W A %, etic44- 1.T AN: t lU 4rmtit Y +� 70.0 65.0 _ - - - 70.0 4O.O3 AT:Jr. iL19NIY WALL 6i571 . i i a i la IS NMI IL � -i i t a7 an a! an Pa i i Mil n s.. . Cup N lSc . U' Mln� '•ftiL'N' 55.0�a. I D D P P IMI nt•a- D ■■ Y .7 =ram � i i i i t .f 65.0�'� 70,0 ?Tr 75.0 It 29 - i'• -11 I, ill 50.0 i an .1A1f1.WC • r. hd.r[rrr ... W J 50 0 Noise Level, d BA 7 GQ 30.0 35.0 40.0 45.0 50.0 55.0 ' 60.0 05' . ?0.0 x'5.0 80.0 85.0 00.0 800 .1200 feet Figure 5-6 Scenario 2 Section 20 Gravel Mine CELL 5 Phase 3 Noise Contour Map (dBA) Section 20 Gravel Mine Noise Modeling 15 r 6 0,) Behrens and Associates, Inc. Environmental Noise Control eat of; I1 al. t PliAtai 1 • . T - 4Y, .' I•'.fAl16-4:f ^rtril.F.L-:R Tr?:. MC 3€IIM acT1. t—. �, 55.1 1 60.0 :a I _ -*Pig/CA Ie421,1:_c !k,, 65.0 °'� — - -• r-mcceP- - - TAr'a' > tl 1' 1 eel 'i 11:1‘1* Il P-1A4t) Aft r t4 - r: air r; .2: 'tor.. !LW- .; Ir. CI I I. li Jr' 'f • .a riru .e;* HALL . 70.0 • I I I E:.I •• I Itit ALI 0 • a—:— i '- . . 1 F -r• -I ale Eli INN a maul U`iilY:l {�11 •�. . am ceu 0-IJc . • Mlei cLe ly ititnr �[LL 511 inast : i ® Q MEN MS r 4777 1 �9tYY •NLL. tor, •f t t a x.12214.1 50 4 .sue e9• / 1 . -,-.-.�- I Te— Y 1 . C.11..: 1++•47 9 Fetateene—n—_ _4 1 I r , i— f _�_. -� 1 I •? ^ O — —`i• - r • t:.1tA^,,111 r ..1 GNP 1 Figure 5-7 Scenario 3 Section 20 Gravel Mine CELL 5 Phase 4 Noise Contour Map (dBA) xi: 601.0 ley" tall 45.0 55.0 50.0 0 Noise Level, d BA 7 LA 7 — 30.0 35.0 0.0 45.0 50.0 55.0 — 60.0 — 65.0 - 70.0 5.0 60.0 65.0 00.0 u Section 20 Gravel Mine Noise Modeling 1200 feet Behrens and Associates, Inc. Environmental Noise Control. 6. Conclusion A noise modeling analysis was conducted of the proposed mining and processing activities at the Section 20 Gravel Mine site operated by Red Terra Equities, LLC. This study was conducted in relation to the Industrial Zoned allowable noise limits found in the Colorado Revised Statutes (CRS) 25-12-103 noise regulations. The noise modeling includes the proposed phases and mechanical equipment of the mining operations at the Section 20 Gravel Mine site per project documents provided by Red Terra Equities, LLC . The results of the noise modeling indicate that the Section 20 Gravel Mine mining and processing operations for all modeled phases were predicted to comply with the allowable Industrial CRS noise level limits at all modeled receptor locations. Conclusion Behrens and Associates, Inc. Environmental Noise Control. Appendix A - Glossary of Acoustical Terms Glossary of Acoustical Terms Behrens and Associates, Inc. Environmental Noise Control. Ambient Noise The all -encompassing noise associated with a given environment at a specified time, usually a composite of sound from many sources both near and far. Average Sound Level See Equivalent -Continuous Sound Level A -Weighted Sound Level, dB(A) The sound level obtained by use of A -weighting. Weighting systems were developed to measure sound ina way that more closely mimics the ear's natural sensitivity relative to frequency so that the instrument is less sensitive to noise at frequencies where the human ear is less sensitive and more sensitive at frequencies where the human ear is more sensitive. C -Weighted Sound Level, dBC The sound level obtained by use of C -weighting. Follows the frequency sensitivity of the human ear at very high noise levels. The C -weighting scale is quite flat and therefore includes much more of the low - frequency range of sounds than the A and B scales. In some jurisdictions, C -weighted sound limits are used to limit the low -frequency content of noise sources. Community Noise Equivalent Level (CNEL) A 24 -hour A -weighted average sound level which takes into account the fact that a given level of noise may be more or less tolerable depending on when it occurs. The CNEL measure of noise exposure weights average hourly noise levels by 5 dB for the evening hours (between 7:00 pm and 10:00 pm), and 10 dB between 10:00 pm and 7:00 am, then combines the results with the daytime levels to produce the final CNEL value. It is measured in decibels, dB. Day -Night Average Sound Level (Ldn) A measure of noise exposure level that is similar to CNEL except that there is no weighting applied to the evening hours of 7:00 pm to 10:00 pm. It is measured in decibels, dB. Daytime Average Sound Level The time -averaged A -weighted sound level measured between the hours of 7:00 am to 7:00 pm. It is measured in decibels, dB. Decibel (dB) The basic unit of measurement for sound level. Direct Sound Sound that reaches a given location in a direct line from the source without any reflections. Divergence The spreading of sound waves from a source in a free field, resulting in a reduction in sound pressure level with increasing distance from the source. Glossary of Acoustical Terms Behrens and Associates, Inc. Environmental Noise Control. Energy Basis This refers to the procedure of summing or averaging sound pressure levels on the basis of their squared pressures. This method involves the conversion of decibels to pressures, then performing the necessary arithmetic calculations, and finally changing the pressure back to decibels. Equivalent -Continuous Sound Level (Leq) The average sound level measured over a specified time period. It is asingle-number measure of time - varying noise over a specified time period. It is the level of a steady sound that, in a stated time period and at a stated location, has the same A -Weighted sound energy as the time -varying sound. For example, a person who experiences an Leq of 60 dB(A) for a period of 10 minutes standing next to a busy street is exposed to the same amount of sound energy as if he had experienced a constant noise level of 60 dB(A) for 10 minutes rather than the time -varying traffic noise level. Fast Response A setting on the sound level meter that determines how sound levels are averaged over time. A fast sound level is always more strongly influenced by recent sounds, and less influenced by sounds occurring in the distant past, than the corresponding slow sound level. For the same non -steady sound, the maximum fast sound level is generally greater than the corresponding maximum slow sound level. Fast response is typically used to measure impact sound levels. Field Impact Insulation Class (FIIC) A single number rating similar to the impact insulation class except that the impact sound pressure levels are measured in the field. Field Sound Transmission Class (FSTC) A single number rating similar to sound transmission class except that the transmission loss values used to derive this class are measured in the field. Flanking Sound Transmission The transmission of sound from a room in which a source is located to an adjacent receiving room by paths other than through the common partition. Also, the diffraction of noise around the ends of a barrier. Frequency The number of oscillations per second of a sound wave Hourly Average Sound Level (HNL) The equivalent -continuous sound level, Leq, over a 1 -hour time period. Impact Insulation Class (IIC) A single number rating used to compare the effectiveness of floor/ceiling assemblies in providing reduction of impact -generated sound such as the sound of a person's walking across the upstairs floor. Impact Noise The noise that results when two objects collide. Glossary of Acoustical Terms Behrens and Associates, Inc. Environmental Noise Control. Impulse Noise Noise of a transient nature due to the sudden impulse of pressure like that created by a gunshot or balloon bursting. Insertion Loss The decrease in sound power level measured at the location of the receiver when an element (e.g., a noise barrier) is inserted in the transmission path between the sound source and the receiver. Inverse Square Law A rule by which the sound intensity varies inversely with the square of the distance from the source. This results in a 6dB decrease in sound pressure level for each doubling of distance from the source. Ln Sound Level Time -varying noise environments may be expressed in terms of the noise level that is exceeded for a certain percentage of the total measurement time. These statistical noise levels are denoted Ln, where n is the percent of time. For example, the LSo is the noise level exceeded for 50% of the time. For a 1 -hour measurement period, the LSo would be the noise level exceeded for a cumulative period of 30 minutes in that hour. Masking The process by which the threshold of hearing for one sound is raised by the presence of another sound. Maximum Sound Level (Lmax) The greatest sound level measured on a sound level meter during a designated time interval or event. NC Curves (Noise Criterion Curves) A system for rating the noisiness of an occupied indoor space. An actual octave -band spectrum is compared with a set of standard NC curves to determine the NC level of the space. Noise Reduction The difference in sound pressure level between any two points. Noise Reduction Coefficient (NRC) A single number rating of the sound absorption properties of a material. It is the average of the sound absorption coefficients at 250, 500, 1000, and 2000 Hz, rounded to the nearest multiple of 0.05. Octave The frequency interval between two sounds whose frequency ratio is 2. For example, the frequency interval between 500 Hz and 1,000 Hz is one octave. Octave -Band Sound Level For an octave frequency band, the sound pressure level of the sound contained within that band. Glossary of Acoustical Terms Behrens and Associates, Inc. Environmental Noise Control. One -Third Octave The frequency interval between two sounds whose frequency ratio is 2^(1/3). For example, the frequency interval between 200 Hz and 250 Hz is one-third octave. One -Third -Octave -Band Sound Level For a one -third -octave frequency band, the sound pressure level of the sound contained within that band. Outdoor -Indoor Transmission Class (OITC) A single number rating used to compare the sound insulation properties of building facade elements. This rating is designed to correlate with subjective impressions of the ability of facade elements to reduce the overall loudness of ground and air transportation noise. Peak Sound Level (Lpk) The maximum instantaneous sound level during a stated time period or event. Pink Noise Noise that has approximately equal intensities at each octave or one -third -octave band. Point Source A source that radiates sound as if from a single point. RC Curves (Room Criterion Curves) A system for rating the noisiness of an occupied indoor space. An actual octave -band spectrum is compared with a set of standard RC curves to determine the RC level of the space. Real -Time Analyzer (RTA) An instrument for the determination of a sound spectrum. Receiver A person (or persons) or equipment which is affected by noise. Reflected Sound Sound that persists in an enclosed space as a result of repeated reflections or scattering. It does not include sound that travels directly from the source without reflections. Reverberation The persistence of a sound in an enclosed or partially enclosed space after the source of the sound has stopped, due to the repeated reflection of the sound waves. Room Absorption The total absorption within a room due to all objects, surfaces and air absorption within the room. It is measured in Sabins or metric Sabins. Glossary of Acoustical Terms Behrens and Associates, Inc. Environmental Noise Control. Slow Response A setting on the sound level meter that determines how measured sound levels are averaged over time. A slow sound level is more influenced by sounds occurring in the distant past that the corresponding fast sound level. Sound A physical disturbance in a medium (e.g., air) that is capable of being detected by the human ear. Sound Absorption Coefficient A measure of the sound -absorptive property of a material. Sound Insulation The capacity of a structure or element to prevent sound from reaching a receiver room either by absorption or reflection. Sound Level Meter (SLM) An instrument used for the measurement of sound level, with a standard frequency -weighting and standard exponentially weighted time averaging. Sound Power Level A physical measure of the amount of power a sound source radiates into the surrounding air. It is measured in decibels. Sound Pressure Level A physical measure of the magnitude of a sound. It is related to the sound's energy. The terms sound pressure level and sound level are often used interchangeably. Sound Transmission Class (STC) A single number rating used to compare the sound insulation properties of walls, floors, ceilings, windows, or doors. This rating is designed to correlate with subjective impressions of the ability of building elements to reduce the overall loudness of speech, radio, television, and similar noise sources in offices and buildings. Source Room A room that contains a noise source or sources Spectrum The spectrum of a sound wave is a description of its resolution into components, each of different frequency and usually different amplitude. Tapping Machine A device used in rating different floor constructions against impacts. It produces a series of impacts on the floor under test, 10 times per second. Glossary of Acoustical Terms Behrens and Associates, Inc. Environmental Noise Control. Tone A sound with a distinct pitch Transmission Loss (TL) A property of a material or structure describing its ability to reduce the transmission of sound at a particular frequency from one space to another. The higher the TL value the more effective the material or structure is in reducing sound between two spaces. It is measured in decibels. White Noise Noise that has approximately equal intensities at all frequencies. Windscreen A porous covering for a microphone, designed to reduce the noise generated by the passage of wind over the microphone. Glossary of Acoustical Terms Landscape and Screening Plan Section 20 Gravel Mine Purpose The Section 20 Gravel Mine (the Site) located in unincorporated Weld county and is zoned as agricultural. The Site is bounded by State Highway 60 to the west, Weld County Road 44 to the north, Weld County Road 29 to the east, and Weld County Road 22 to the south. Low density residential housing surround the property, mainly to the east and south. The purpose of this plan is to minimize the visual impact of the gravel mine and processing facilities to those travelling State and County right-of-way and to the neighboring homes. Screening Plan Processing at the Site will occur in the northwest portion of the property and was chosen to distance processing equipment from the bulk of the neighbors to the east. The processing area is on the lowest elevation of the property with topography rising to the east and south of the Western Mutual Ditch which will minimize the visual impact of the processing facilities to the homes along Weld County Road 29. A six (6) foot berm with three (3) to one (1) side slopes will be constructed to the west and north of the processing facilities (see Site Map) which will screen the facilities from traffic travelling along State Highway 60 and Weld County Road 44. This berm will be constructed in the early stages of the mine. When opening up a new mining cell scrapers remove topsoil and overburden in order to reach the aggregate. The removed topsoil and overburden will be used to construct temporary screening berms along the edge of the cell facing public right-of-way or homes. A permanent screening berm will be constructed to the southeast of the property to screen the parcels north of Weld County Road 42 from operations. Landscape Plan Berms will be seeded with the Weld County Sandy Site Mix: Sand 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 pls/acre 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 Di•opseed 0.S0 lbs pls/acre Total: 12.00 pounds pls/acre Page 1 of 1 Lighting Plan Section 20 Gravel Mine Purpose This Lighting Plan is prepared for the Section 20 gravel mining operation in Weld County. As required by the Weld County Department of Planning, this Plan addresses the lighting installed at the site and the means to mitigate light pollution to the surrounding properties and roadways. Hours of Operation The Section 20 Site is permitted to start operating during daylight hours, except in the case of a declared emergency disaster by the Board of County Commissioners. When the permitted operations are occurring at night, they will only occur when material is requested by cities, counties, or CDOT, for night projects. Operations will be considered "night operations" when they take place between the hours of one hour after sundown to one hour before sunrise. Lighting For safety and security of the Site the scale house, the drying and screening building, and the plants will have lights during night-time hours. All lights will be pointed down and will not shine on the adjacent properties and/or roadways. A berm along State Highway 60 and Weld County rights -of -way will be constructed to screen lighted areas from the roadway and adjacent properties. The entrance sign will also be illuminated in such a way as to prevent glare on the roadway and to deflect light away from adjoining residences. Any lighting from equipment or from high -temperature processes such as welding will be located or operated in such a manner- as to not shine directly onto adjacent properties or create a traffic hazard to operators of motor vehicles. No colored lights may be used which may be confused with or construed as traffic control devices. Page 1 of 1 Sign Plan Section 20 Gravel Mine Purpose This Sign Plan is prepared for the Section 20 gravel mining operation in Weld County. As required by the Weld County Department of Planning, this Plan addresses the sign installation and location at the Site. Applicability The Section 20 Site is located in the Agricultural zone outside of subdivisions and historic townsites and does not have a principle building, thus Chapter 23 Division 2 Section 23-4-90.D. of the Weld County Code applies to the site. Location and Size There will be one sign located at the entrance of the site which will be less than sixty four (64) square feet and less than eight (8) feet in height. The text of the sign will contain at a minimum the Operator name(Brannan Sand and Gravel), a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board, and the DBMS permit number (M-2022-001) as required by the Division of Reclamation Mining and Safety. The text of the sign will be less than sixteen (16) square feet. The sign will be placed along Highway 60 and will be placed outside of future Colorado Department of Transportation future Right of Way by the height of the sign structure. Page 1 of 1 TRAFFIC IMPACT STUDY Proposed Brannan Aggregate Facility Gilcrest Site Weld County, Colorado April 28, 2022 20220001 Prepared by: Civa rans ENCINFriZING INC. Arvada, CO 80003 (303)653-9200 This report has been prepared by the staff of CivTrans Engineering Inc. on behalf of Brannan Companies under the direction of the undersigned professional engineer whose seal and signature appears hereon. Craig A. MacPhee, PE, PTOE EXECUTIVE SUMMARY This Traffic Impact Study (TIS) document has been prepared to assess and identify the traffic impacts related to a proposed development that will include gravel mining and production of aggregate, a concrete batch plant, and asphalt production facility. The site is located in unincorporated Weld County, Colorado. The following is a summary of the traffic information and findings included in this report. 1. The proposed site is located along the east side of State Highway (SH) 60 between Weld County Road (WCR) 42 and WCR 44 within Weld County, Colorado. A vicinity map is included as Exhibit 1. 2. The current proposal includes a gravel mining and aggregate production facility on the 620± acre site. Long-range plans may include a concrete batch plant and asphalt production facility to compliment the aggregate products offered. Access is currently proposed from SH 60 at approximately the quarter -section line midway between WCR 42 and WCR 44, immediately south of the existing farmhouse access. The proposed access would provide access for the Brannan aggregate production exclusively and other accesses to the site along SH 60 would be eliminated. The proposed aggregate production is anticipated to begin in 2025 with concrete and asphalt production commencing as early as 2027. The current project site plan has been provided and is shown on Exhibit 2, herein. 3. Once operational, the aggregate production is anticipated to generate up to 1,040 trips per day with 1,000 of those being truck trips. The site is estimated to generate 120 AM peak hour and 100 PM peak hour trips. The future concrete and asphalt production is estimated to add up to 762 more daily trips with 712 of those being truck trips. The concrete and asphalt production portion of the site is estimated to generate 51 AM peak hour and 51 PM peak hour trips. 4. Passenger car equivalent (POE) is a unit used to represent the impact of large vehicles on a roadway. Trucks take more time to turn, start and stop at intersections and take up more space when queued. To account for the turning and stop -controlled trucks at study area intersections anticipated for this project and equate them to passenger cars, a factor of 3.0 was multiplied by the number of trucks for the passenger car equivalent. Therefore, the 100 peak hour truck trips for the aggregate production are estimated to be equal to the impact of 300 passenger cars at the site access. At other study area intersections where the trucks are through movements, no passenger -car -equivalent factor was applied. 5. The study area was identified to include the following intersections. • State Highway 60 & Two Rivers Parkway • State Highway 60 & WCR 44 • State Highway 60 & Site Access (future) • State Highway 60 & WCR 42 • State Highway 60 & US Highway 85 CivTrans Engineering Inc. 1 Brannan Gilcrest Site These intersections were analyzed for the AM and PM peak hour. 6. The analysis horizons considered and evaluated in this report include: • Existing Conditions (Year 2021) • Short-term without the project (Year 2026) • Short-term with the aggregate production (Year 2026) • Mid -range without the project (Year 2028) • Mid -range with the aggregate, concrete and asphalt production (Year 2028) • Long-range without the project (Year 2042) • Long-range with the aggregate, concrete and asphalt production (Year 2042) Each of these analysis horizons included intersection capacity analysis. The short- term build condition includes sight distance evaluation. The short-term and mid- range build conditions include auxiliary lane evaluation. The short-term build condition includes a traffic signal warrant evaluation for the site access. 7. Level of service (LOS) D should be used as a guideline to maintain overall operations of signalized intersections and unsignalized intersection approaches. Mitigation measures should be considered for overall signalized intersections or unsignalized approaches reported to be operating at LOS E or F. 8. All of the study area intersections are currently operating at acceptable levels of service except the eastbound approach of SH 60 & US 85, which is operating a t LOS F during the AM and PM peak hours. This is only for a vehicle trying to make a left turn from this approach, which none were counted making this maneuver. The deficient level of service is largely due to the traffic volume on US 85, which does not provide many adequate gaps in traffic for vehicle from SH 60 to make this maneuver. The intersection has a left -turn deceleration lane, right -turn deceleration lane and a right turn acceleration lane on US 85. This intersection is identified in the US 85 Access Control Plan (ACP) 1-76 to WCR 80, 1999 for improvements including a northbound left turn grade -separated fly- over ramp. The US 85 Planning and Environmental Linkage Study (PEL), 2017, recommends this intersection be reconstructed into a diamond interchange, which would incorporate Weld County Road 36 east of US 85 into the interchange. Although this intersection is identified for these long-range improvements, there is no known capital improvement project planned for this intersection. The left turn volume on the SH 60 approach, which would experience this delay is very low and other options are available for accessing US 85 northbound in the vicinity. Therefore, no improvements are recommended to mitigate the deficient level of service for the existing condition. 9. The study area intersections were evaluated to determine the need for auxiliary lanes and verify existing deceleration and acceleration lanes meet CDOT's State Highway Access Code (SHAC). The following intersections currently meet CivTrans Engineering Inc. 2 Brannan Gilcrest Site thresholds for auxiliary lanes or have auxiliary lanes that do not meet length requirements. • SH 60 & WCR 44: The southbound left turn volume exceeds the 10 vehicle per hour (vph) threshold. Therefore, a left turn deceleration lane should be considered for this intersection. • SH 60 & WCR 42: The southbound left turn volume exceeds the 10 vph threshold. Therefore, a left turn deceleration lane should be considered for this intersection. • SH 60 & US 85: This intersection has a right turn and left turn deceleration lanes on US 85 and a right turn acceleration lane for right turning vehicles from SH 60 to turn onto US 85 southbound. The lengths of these deceleration and acceleration lanes do not appear to meet current SHAC code standards. For a 65 -mph roadway, the required deceleration and acceleration lengths are 800 feet and 1,380 feet respectively. The deceleration lane transition taper ratio is 25:1. Left turn deceleration lanes require storage length, which is a function of the hourly volume and is essentially 1 foot per vehicle if the volume exceeds 100 vph. The northbound left turn deceleration lane should provide 800 feet of deceleration plus 520 feet of storage and a 25:1 transition taper. The existing lane is approximately 365 -feet with a 35:1 taper, which is approximately 955 -feet deficient. The southbound right turn volume from the traffic count was 5 vph during the AM peak hour. A right turn deceleration lane is not required based on the criteria. However, a deceleration lane already exists and is approximately 260' with a 25:1 taper, which is approximately 540' deficient. The existing acceleration lane for right turns from SH 60 is approximately 600' with a 30:1 transition taper. The lane should be 780' longer to meet SHAC criteria. Future Year — No Project Evaluation 10.1f the proposed project does not move forward, improvements within the study area may still be required and should be considered by Weld County or CDOT. The intersection of Highway 60 & Two Rivers Parkway will likely require signal retiming within the next twenty years. The intersection of SH 60 & WCR 42 is anticipated to experience deficient levels of service on the WCR 42 approaches as traffic along SH 60 increases. CDOT and/or CDOT may consider changing the control for this intersection or restricting movements if safety and congestion end up being an issue. The intersection of US 85 & SH 60 has auxiliary lanes that do not meet current length requirements. If the proposed Brannan project does not move forward CDOT should consider improving the auxiliary lanes at this intersection to address CivTrans Engineering Inc. 3 Brannan Gilcrest Site interim conditions. Eventually, this intersection is slated to be converted to a grade - separated diamond interchange. This interchange is anticipated to be required within the next twenty years if growth along these corridors comes to fruition. Future Years — with Project Evaluation 11. With the additional traffic generated by the aggregate portion of the proposed project, the intersection of Highway 60 and the site access is anticipated to operate at LOS E for AM peak hour and LOS F for the PM peak hours if no signal or additional turn lanes are installed. Installing a traffic signal at this intersection would improve it to LOS B or better. Installing an acceleration lane for northbound left turning traffic without a signal would improve the westbound approach to LOS C. A traffic signal warrant evaluation based on the Manual on Uniform Traffic Control Devices (MUTCD) was completed for this intersection. None of the volume warrants for signalization are anticipated to be met with the project traffic included. Therefore, installing a traffic signal at the site access is not anticipated to be justified to mitigate the deficient level of service. Therefore, a left turn acceleration lane should be installed to provide a safe access intersection and allow the westbound approach to operate at acceptable levels of service. Per CDOT State Highway Access Code criteria, a left turn deceleration lane and right turn deceleration lane are anticipated to be required. A description of the proposed intersection geometry can be found in the bulleted recommendations below. 12.1n the long-range conditions, the intersection of Highway 60 and the site access is anticipated to operate at LOS F due to anticipated increased traffic volume along Highway 60, even with the auxiliary lanes constructed. Long-range mitigation for this intersection may require a traffic signal for it to operate at acceptable levels of service. However, it is unlikely that this intersection will meet signal warrants as no additional traffic would be added to the minor approaches unless development occurs west of Highway 60. Therefore, this intersection should be monitored to determine if installing a traffic signal as a part of any Highway 60 corridor improvements by others in the future is appropriate. 13. The CDOT State Highway Access Code was consulted for determining the required sight distance for vehicles turning from the site access driveway onto Highway 60. Table 4-2 provides required entering sight distances (in feet) based on the highway posted speed, number of lanes and design vehicle. Highway 60 has a posted speed of 65 mph through this segment and is a two-lane highway and relatively flat (< 3% grade). The design vehicle for the Brannan aggregate facility is multi -unit trucks. Based on these variables, the required entering sight distance is 1,105 feet. This sight distance should be provided for the proposed site access to Highway 60, which is measured 10' back from the edge of the roadway at a height of 3.5 feet. The oncoming vehicle height is assumed to be 4.25 feet. Based on observations during a site visit, there appears to be adequate sight distance for this access. When developing construction plans for this access, the CivTrans Engineering Inc. 4 Brannan Gilcrest Site line of sight (sight triangle) should be shown on the plans and any plantings or other visual obstructions within this triangle area should not exceed 3.5 feet in height. Based upon the analysis, field observations, assumptions, methodologies and results which are provided in the body of this document, this project has anticipated impacts to the transportation system that would require mitigation as presented within this study. The recommendation to the CDOT, Weld County and Town of Gilcrest staff is that the site plan for the proposed project be approved for development with the following conditions of approval. Proposed Conditions of Approval Based on CDOT auxiliary lane criteria, the site access intersection with Highway 60 is anticipated to require a right turn deceleration lane and left turn deceleration lane. The volume threshold for requiring a right turn acceleration lane at a stop -controlled intersection is not anticipated to be exceeded. Since a traffic signal is not warranted, a left turn acceleration lane should also be installed to mitigate deficient level of service. SH 60 & Site Access Improvements The following lane configuration should be implemented when constructing the site access intersection to Highway 60. it o Northbound approach • A southbound acceleration lane for left turns from the site access should be installed, which would mirror the opposing left turn lane. The acceleration lane should provide 1,080' of full -width (12') lane plus a 300' taper. ■ One through lane (existing). • One right turn deceleration lane at minimum length (500' full -width lane plus a 300' taper). o Southbound approach • One left turn deceleration lane at a length of 550' plus a 300' taper. This length does not include the required redirect taper to widen from a two-lane section to a three -lane section. ■ One through lane (existing). o Westbound approach (site access) ■ One left -through -right lane CivTrans Engineering Inc. 5 Brannan Gilcrest Site SH 60 & US 85 Improvements The proposed project is also anticipated to impact the intersection of SH 60 & US 85. While this intersection is identified to be improved to agrade-separated diamond interchange within the US 85 Planning and Environmental Linkage Study, it is not known when this interchange will be constructed. Interim auxiliary lane improvements are anticipated to be required to accommodate the project. o Northbound approach (US 85) ■ The left turn deceleration lane should be extended to 1,800 feet in length (800' deceleration length plus 1,000' storage) plus a 25:1 taper. ■ Two through lanes (existing) ■ The southbound acceleration lane for right turns from SH 60 should be lengthened to provide 1,080' of full -width (12') lane plus a 300' taper. o Southbound approach (US 85) ■ No improvements recommended o Eastbound approach (SH 60) ■ No improvements recommended CivTrans Engineering Inc. 6 Brannan Gilcrest Site INTRODUCTION Project Overview Brannan Companies is proposing a gravel mining and aggregate production facility within unincorporated Weld County, Colorado. The site is located between State Highway (SH) 60 and Weld County Road (WCR) 29 and between of WCR 42 and WCR 44. The site is in use for agricultural production, oil wells, a solar farm and a farmhouse. It is approximately 620± acres. Long-range plans may include a concrete batch plant and asphalt production facility to compliment the aggregate products offered. Access is currently proposed from SH 60 at approximately the quarter -section line midway between WCR 42 and WCR 44, immediately south of the existing farmhouse access. The proposed access would provide access for the Brannan aggregate production exclusively and other accesses to the site along SH 60 would be eliminated. All truck, employee and visitor traffic are anticipated to use this access. The proposed aggregate production is anticipated to begin in 2025 with concrete and asphalt production commencing as early as 2027. The purpose of the facility is to produce aggregate material for concrete plants, asphalt plants and construction projects and deliver the material to project sites in Weld County and surrounding areas. Access to the property will be primarily employees and material trucks to supply the construction sites. The concrete and asphalt production will require a portion of its material to be imported. Therefore, the concrete and asphalt production traffic, when operational, will include employees, material import trucks, and concrete and asphalt trucks to deliver the concrete and asphalt product. The aggregate facility is anticipated to operate daily from 6 AM to 4 PM with approximately 20 employees and four (4) vendors / contractors accessing the site per day. The concrete facility would operate with similar hours and employ approximately 14 people. The asphalt facility would generally operate the same hours as the aggregate, but may include periodic 24 -hour operation to support night -paving projects. The site is bordered on the south by WCR 42 and two single family residences, WCR 29 to the east, SH 60 to the west and WCR 44 to the north. Other uses in the vicinity of the site are generally agricultural in nature. The Town of Gilcrest lies to the east of WCR 29 and south of WCR 42. US 85 is located approximately a little over three (3) miles to the east and south. I-25 is approximately 11 miles to the west. Regional access to the area is accommodated primarily by SH 60 and US 85. SH 60 is generally an east -west state highway, but is oriented north -south along the site frontage. This section of SH 60 extends from US 85 (3 miles south of the site) to I-25 (11 miles west of the site). US 85 is a four -lane divided expressway that provides access to several neighboring communities (Greeley, Platteville, Brighton) and access to I-76. CivTrans Engineering Inc. 7 Brannan Gilcrest Site Purpose of Report The purpose of this study is to review, assess and identify potential traffic related impacts that the proposed project may have on the transportation network and recommend mitigation to minimize these impacts where necessary and possible. Exhibit 1 shows the general vicinity of the project in Weld County. The current site plan is included as Exhibit 2, which shows the general layout of the site as well as driveway access. A current aerial of the site is shown in Exhibit 3. This traffic study was completed to supplement a CDOT highway access permit application and an annexation application with the Town of Gilcrest to determine the appropriate access and off -site transportation mitigation measures that will be required for this project. The assumptions utilized in conducting the traffic analysis are based on coordination with CDOT staff and standard traffic engineering practices. This report includes an evaluation and assessment of the study area for the existing, short-term, mid -range and the long-range conditions. The short-term condition considers the traffic a year after the anticipated beginning of aggregate production (Year 2026). The mid -range condition was evaluated to assess the impact of the concrete and asphalt production addition to the site, which is anticipated approximately two years after the aggregate production begins. Therefore, the mid -range condition evaluates the Year 2028 scenario. The long-range conditions considered the potential growth in traffic within the study area and how the existing transportation system will handle those volumes with and without the project approximately 20 years into the future (Year 2042). CivTrans Engineering Inc. 8 Brannan Gilcrest Site US HIGHWAY 34 GREELEY HIGHWAY 60 MILLIKEN MEAD COLORADO BLVD (WCR HIGHWAY 66 PROJECT LOCATION PLATTEVILLE SH 119 WCR 24 a HIGHWAY 60 US HIGHWAY 85 WCR 44 GILCREST WCR 22 ri WELD COUNTY RD (WCR) WCR 42 NOT TO SCALE APRIL 28, 2022 EXHIBIT 1 aye raris VICINITY MAP ENGINEERING INC. �tllllllllllll IIIIIIIIIIIII IIIIIIIIIIIIII IIIIIIIIIIIII IIIIIIIIIIIII IIIIIIIII 7.4 Alllll IIIIIIIIIIIIII II - D/L/CAS WELL NOBLE ENERO GR4CE CI:/SHn/ I -II -/C APPROdy ;`; s 1411111ni ~� IIIIIIIIII t llllliR41H8HNHn51Mht('" HkNIAHHNNR11rrllllfll�_ CONCRETE BATCH PLANT z 10 ACRES 0/4/G45 IVEL � 1 PDC EVERG 1/?R i12 C14—_- ' 1107 ' SOLAR ARRAY SOLAR ARr./ 13,07i AGI ;L: REC. NO 4650789 I44A1u�- �� i CELL NE -1 OVERBURDEN: 348,000 CY CLAY SEAM: 132,000 CY AGGREGATE: 3,769,000 CY WATER STORAGE(4:1 REC SLOPE): 2,319 AC -FT D/L/CRS WELL NOBLE ENERGY } 5/RD K 10-7 PA(LOC RPPROX) CELL NE -2 OVERBURDEN: 513,000 CY CLAY SEAM: 244,000 CY AGGREGATE: 4,170,000 CY WATER STORAGE: 2467 AC -FT CELL NW -1 OVERBURDEN: 987,000 CY CLAY SEAM: 1,905,000 CY AGGREGATE: 9,274,000 CY WATER STORAGE: 6,080 AC -FT ANALYSIS METHODOLOGY The various analyses conducted and reported in this document include intersection capacity analysis, sight distance evaluation, auxiliary lane evaluation and signal warrant analysis. Capacity Analysis The analyses described in this report were performed in accordance with the procedures in the Highway Capacity Manual (HCM) and as described below. The analyses and procedures conducted are based upon the worst -case conditions that occur during a typical weekday. Therefore, most of each weekday and the weekends will experience traffic conditions better than those described within this document, which represent the peak hours of operation only. Level of Service (LOS) is an empirical premise developed by the transportation profession to quantify driver perception for such elements as travel time, number of stops, total amount of stopped delay, and impediments caused by other vehicles afforded to drivers who utilize the transportation network. LOS has been defined by the Transportation Research Board in the Highway Capacity Manual, 6t" Edition. This document has quantified level of service into a range from "A" which indicates little, if any, vehicle delay, to "F" which indicates significant vehicle delay and traffic congestion that may lead to system breakdown due to volumes that may far exceed capacity. The Highway Capacity Manual defines the level of service for a signalized intersection as the average delay per vehicle (amount of time a vehicle must spend at the intersection) for the overall intersection. For unsignalized intersections that include both stop -controlled and uncontrolled approaches (known as through/stop controlled), the Highway Capacity Manual defines the level of service as the average delay per vehicle for the worst approach, not the overall intersection. The level of service letter grades as defined by the Transportation Research Board and the associated amount of delay in seconds per vehicle, as well as a brief description of the operating condition, for both signalized and unsignalized intersections are included for reference in Table 1 on the next page. Weld County and the Colorado Department of Transportation (CDOT) have established level of service D as the minimum acceptable intersection operating condition. Analysis results indicating operations worse than the minimum acceptable level were considered for mitigation measures. In the cases where existing conditions or future background conditions are shown to operate below the level of service threshold, the future with project conditions will be evaluated to maintain the levels shown in the no -project conditions. For example, if an intersection is shown to operate at LOS E for a future no - project condition and the project is anticipated to degrade the intersection to LOS F, mitigation will be recommended to bring the intersection back to LOS E. CivTrans Engineering Inc. 12 Brannan Gilcrest Site Table 1 — Intersection Analysis Criteria Signalized Intersection Level of Service Criteria Level Service of (seconds/vehicle) Delay Range Expected p Delay y at Intersection A s 10 Very low delay. Most vehicles do not stop. B > 10 and ≤ 20 Generally good progression of vehicles. Slight delays. C > 20 and ≤ 35 Fair progression. Increased number of stopped vehicles. D > 35 and _ 55 Noticeable congestion. Large portion of vehicles stopped. E > 55 and ≤ 80 Poor progression. High delays and frequent cycle failure. F > 80 Oversaturation. Forced flow. Extensive queuing. Unsignalized Intersection Level of Service Criteria Level Service of (seconds/vehicle) Delay Range Expected p Delay y to Minor Street Traffic A s 10 Little or no conflicting traffic for minor street approach. B > 10 and _ 15 Minor street approach begins to notice absence of available gaps. C > 15 and ≤ 25 Minor street approach begins experiencing delays for available gaps. D > 25 and _ 35 Minor street approach experiences queuing due to a reduction in available gaps. E > 35 and ≤ 50 Extensive minor street queuing due to insufficient gaps. F > 50 Insufficient safely through gaps of a ma'or suitable traffic size stream. to allow minor street traffic demand to cross Source: Highway Capacity Manual (Transportation Research Board, 2000). Sight Distance Analysis The CDOT State Highway Access Code (2002) was consulted for determining the required sight distance for vehicles entering CDOT roadways. Table 4-2 provides required entering sight distances (in feet) based on the highway posted speed, number of lanes and design vehicle. Auxiliary Lane Evaluation The Colorado Department of Transportation State Highway Access Code was used for determining the need for auxiliary lanes for the project site access and study area intersections. The roadway classification, design speed, and design hourly turning volume are all factors used to determine the need for acceleration, deceleration and turn lanes. The State Highway Access Code then provides design criteria for taper ratio, storage requirements and overall turn lane length. CivTrans Engineering Inc. 13 Brannan Gilcrest Site Traffic Signal Warrant Analysis The intersection of SH 60 & the proposed site access was evaluated for traffic signal warrants using the criteria set forth within the Manual on Uniform Traffic Control Devices (MUTCD). The MUTCD provides nine (9) separate warrants for evaluating the need for signalization at intersections based on traffic volumes, pedestrian volumes, proximity to a school, coordinated signal systems, crash experience, roadway network and proximity to an at -grade rail crossing. Analysis Horizons The following seven scenarios were analyzed as part of this study during both the AM and PM peak hours, with the corresponding volume and network configurations as indicated: 1. Existing Conditions Analysis of the existing conditions at the study area intersections was based on the turning movement volumes collected in March 2022 and the intersection geometry and traffic control as observed in the field. 2. Short-term without Project Conditions (Year 2026) The short-term future year analysis includes the same roadway geometry as for the existing conditions. The forecast volumes were calculated by applying the anticipated ambient growth rate over the next four years for year 2026 forecasted traffic volumes. The Hunts Farm Pit project is anticipated to increase production over the next several years be exhausted of material by 2027. Therefore, additional traffic from this project was added to the short-term and mid -range conditions. 3. Short-term with Project Conditions (Year 2026) The short-term build condition includes the same geometry as for the short-term no -build conditions. The volumes for this scenario include the short-term no project volumes with the aggregate production traffic added. 4. Mid -range without Project Conditions (Year 2028) Similar to the short-term no -project conditions, this scenario assumed existing intersection geometry. Traffic volumes were calculated by applying six years of ambient traffic growth to the existing traffic volumes and the mid -range Hunts Farm Pit traffic. 5. Mid -range with Project Conditions (Year 2028) The mid -range build scenario traffic volumes include the mid -range no -build traffic plus the project traffic from the aggregate production and concrete batch plant and asphalt production facility. CivTrans Engineering Inc. 14 Brannan Gilcrest Site 6. Long-range No Project Conditions (Year 2042) The long-range conditions included the best available information for projecting the traffic approximately 20 years into the future for the study area to the Year 2042. A long-range no project condition analysis, without the proposed land use and associated trip additions, was performed as a comparison for the condition with the project (build). No known long-range improvements are planned for the study area intersections. Therefore, short-term geometry was utilized for the long-range evaluation. Long-range traffic volumes were calculated by applying 20 years of ambient growth to the existing traffic volumes. The Hunts Farm Pit is anticipated to be exhausted of material by 2027. Therefore, its traffic was not included in the long-range analysis. 7. Long-range with Project Conditions (Year 2042) The long-range future year analysis included the same roadway geometry as for the long-range no project conditions. The forecast volumes were calculated by combining the long-range no project volumes with the site -generated trips for the proposed project aggregate, concrete and asphalt production. CivTrans Engineering Inc. 15 Brannan Gilcrest Site EXISTING CONDITIONS Existing Conditions within the Study Area The purpose of this section is to document the existing conditions within the study area for the proposed project. Land Use The site for the proposed project is predominantly vacant agricultural land with a few oil wells and an existing farm house and zoned AG, Agriculture. The site is bound by State Highway 60 to the west, Weld County Road (WCR) 44 to the north, WCR 42 to the south and WCR 29 to the east. The site generally encompasses the entire section (20) with two residential lots excluded. The Town of Gilcrest is located to the east along the west side of US 85 between WCR 40 and WCR 42. The surrounding area is mostly in use for agricultural purposes with some residences and oil wells scattered on many of the neighboring properties. Existing Roadways As shown on the site plan, the site will be directly accessed from State Highway 60. The following is a list of the surrounding streets, their functional classification, and general geometry. Air State Highway 60 (SH 60) is generally an east -west state highway that runs from Campion (west of 1-25) to US 85 north of Platteville. Along the site frontage and through the study area, SH 60 is oriented north -south. Locally, it provides access primarily for agricultural uses and Weld County roadways within the study area. Regionally, SH 60 provides a connection to US 85 south of the site and 1-25 west of the site. It has one lane in each direction in the vicinity of the site, is classified by CDOT as a Regional Highway (R -A) and is posted at 65 mph. At its intersection with Two Rivers Parkway, the speed reduces to 45 mph. Two Rivers Parkway is an arterial within Weld County that generally runs north -south, but connects to SH 60 as the east leg of the intersection. It is a two-lane, two-way roadway that provides access for agricultural uses primarily as well as a connection from SH 60 to the western portion of Greeley and US 34. The roadway is posted at 55 mph within the study area, but reduces to 40 mph as it approaches SH 60. Weld County Road (WCR) 44 is an east -west, two-lane road within Weld County that provides access for agricultural uses primarily. It is designated as an arterial from SH 60 to WCR 49 east of the site. It provides access to US 85 north of the Town of Gilcrest. Its intersection with US 85 is planned to be constructed into agrade-separated interchange within the next few years. The roadway is posted at 55 mph within the study area, but reduces to 35 mph as it approaches SH 60. CivTrans Engineering Inc. 16 Brannan Gilcrest Site Weld County Road (WCR) 42 is an east -west, two-lane collector within Weld County that provides access for agricultural, residential uses and the Town of Gilcrest. The roadway is paved between SH 60 and WCR 35. West of SH 60 and east of WCR 35 the roadway is unpaved. It is posted at 55 mph within the study area. US Highway 85 is a four -lane, divided federal interstate highway extending from the Mexico -US border to the Canada -US border. Within Colorado, it connects many communities including Denver, Brighton, and Greeley. Through the study area, it is classified by CDOT as an "Expressway, Major Bypass" (E -X) and has a posted speed of 65 mph. Study Area Intersections The project study area intersections were identified through conversations with CDOT staff. The study area includes the following intersections: • State Highway 60 & Two Rivers Parkway • State Highway 60 & Weld County Road 44 • State Highway 60 & Proposed Site Access (future) • State Highway 60 & Weld County Road 42 • State Highway 60 & US Highway 85 These intersections have been analyzed for level of service (LOS) for the weekday AM & PM peak hours and forms the basis of this document. Traffic Control and Descriptions II State Highway 60 & Two Rivers Parkway is a signalized tee intersection with the following lane configuration: State Highway 60 forms the eastbound and northbound approaches. The eastbound approach has one through lane and one channelized right turn lane that discharges into a southbound acceleration lane. The northbound approach has two left turn lanes and a channelized right turn lane that discharges into an eastbound acceleration lane. Two Rivers Parkway forms the westbound approach with one left turn lane and one through lane. The northbound left turns operate with protected (arrow) only phasing. Westbound left turns operate with permissive -protected phasing (arrow followed by a yield to oncoming traffic). There are no pedestrian crosswalks, push buttons or signals for any of the legs. There are video cameras in place for vehicle detection and the signal operates with actuated phasing. State Highway 60 & Weld County Road 44 is an unsignalized, stop -controlled tee intersection. State Highway 60 forms the northbound and southbound approaches with one through lane in each direction. WCR 44 forms the westbound approach, which is stop -controlled and has one lane in each direction. State Highway 60 & Proposed Site Access is not currently an intersection. Highway 60 at its proposed location has one travel lane in each direction. CivTrans Engineering Inc. 17 Brannan Gilcrest Site State Highway 60 & Weld County Road 42 is an unsignalized, stop -controlled intersection. State Highway 60 forms the northbound and southbound approaches with one through lane in each direction. WCR 42 forms the westbound and eastbound approach, which are stop -controlled and have one lane in each direction. The eastbound approach is unpaved. State Highway 60 & US Highway 85 is an unsignalized, stop -controlled tee intersection. Highway 60 forms the eastbound (southeast) approach with one left -turn lane and a channelizes right turn that discharges into a southbound acceleration lane. The left turn lane is stop -controlled and the right turn has a yield sign. US 85 operates freely without any stop control and is a divided four -lane roadway with two through lanes in each direction and a right turn lane on the southbound approach. The existing geometry at each of the study area intersections is depicted in Exhibit 4, which follows. Traffic Volumes and Peak Hours of Operation Turning movement counts were collected by All Traffic Data at the study area intersections during the morning (6:00 — 9:00 AM) and afternoon (3:00 — 6:00 PM) peak periods on March 8, 2022, a Tuesday. Turning movement counts were also collected at SH 60 & US 85 from 5:00 AM to 9:00 PM on this day. 24 -hour counts were collected along SH 60 north of WCR 42 in the vicinity of the proposed site access. Counts were collected with Weld County schools were in session. The daily and peak hour volumes from these counts are shown in Exhibit 5. The raw count data is provided in the Technical Appendix. Pandemic Impact -t Traffic counts were collected towards the end of the COVID-19 pandemic, which has impacted traffic volumes. The counts were collected after almost all of the restrictions imposed by government entities had been lifted. Therefore, no adjustment was applied to account for the pandemic impact. Background Project Background projects are planned developments that have not yet been constructed. Therefore, their traffic was not included in the traffic counts and should be accounted for in future analysis scenarios. CDOT has identified one background project to be included, Hunt Farm Pit. Hunt Farms Pit is an existing gravel pit that plans to expand. It is located south of the site along the west side of SH 60 in the vicinity of US 85. Kimley Horn produced a traffic study for this project in December 2021, which will be utilized for this study. Background project trips for the study area are shown in Exhibit 11. The Hunts Farm Pit is anticipated to be exhausted of material by 2027. Therefore, the short-term and (possibly) mid -range conditions within for this study would be the only impacted horizons. CivTrans Engineering Inc. 18 Brannan Gilcrest Site Ambient Traffic Growth Based on review of CDOT's online transportation information system (OTIS), 20 -year growth factors range from 1.68 to 1.80 along Highway 60 within the study area. US 85 shows a growth factor of 1.34 through the study area. The Kimley-Horn Hunt Farms Pit study used an annual growth rate of 2.12%. Growth factors of 1.8 and 1.34 correspond to annual growth rates of approximately 3.0% and 1.5% respectively. Therefore, a 3.0°/0 annual growth rate was applied to SH 60 account for anticipated ambient growth within the study area. An annual growth rate of 1.5°/0 was used for US 85. There were no historic counts available for WCR 42 or WCR 44 so a 2.0°/0 annual rate was applied to these roadways. Planned Transportation Improvements CDOT is planning to construct a grade -separated interchange at US Highway 85 & Weld County Road 44. The project is planned to be constructed within the next few years and it anticipated to impact traffic patterns within the study area. The aggregate truck routing is not anticipated to be affected by this due to the additional milage created by utilizing WCR 44. However, employees associated with the site may utilize this route. The intersection of US Highway 85 & State Highway 60 is identified in the US 85 Access Control Plan (ACP) 1-76 to WCR 80, 1999 for improvements including a northbound left turn grade -separated fly -over ramp. The US 85 Planning and Environmental Linkage Study (PEL), 2017, recommends this intersection be reconstructed into a diamond interchange, which would incorporate Weld County Road 36 east of US 85 into the interchange. Although this intersection is identified for these long-range improvements, there is no known capital improvement project planned for this intersection. There are no other known planned transportation improvements within the study area. CivTrans Engineering Inc. 19 Brannan Gilcrest Site 4 0 v) T a o WCR 42 iis . � � -Ile 0 -o Y Approximate storage length of turn lane without transition taper Auxiliary lane where through lane from intersection becomes a turn lane EXISTING LEVEL OF SERVICE AND TRAFFIC ANALYSIS Capacity Analysis (Level of Service) The existing levels of service at the subject intersections were calculated using the methods from the Highway Capacity Manual (HCM), 6t" Edition as implemented in Synchro, Version 70. The existing levels of service (LOS) for the intersection within the study area are summarized on the following table. The existing traffic volumes used for this report are shown on Exhibit 5. Table 2 -2022 Existing Intersections Levels of Service INTERSECTION Approach Overall or AM Peak PM Peak (S)ignalized (U)nsignalized Delay (sec) LOS Delay (sec) LOS S Ovr 18.0 B 15.0 B Highway 60 & Two Rivers Pkwy U WB 10.8 B 13.3 B Highway 60 & WCR 44 U WB - - - - Highway 60 & Site Access U EB 22.1 12.4 C B 23.1 12.8 C B WB Highway 60 & WCR 42 U EB 58.0 F 194.6 F Highway 60 & US 85 Level of service (LOS) D should be used as a guideline to maintain overall operations of signalized intersections and unsignalized intersection approaches. Mitigation measures should be considered for overall signalized intersections or unsignalized approaches reported to be operating at LOS E or F. As shown in the table above, the eastbound approach of Highway 60 & US 85 is currently operating at LOS F during the AM and PM peak hours. This is only for a vehicle trying to make a left turn from this approach, which none were counted making this maneuver. This is largely due to the traffic volume on US 85, which does not provide many adequate gaps for traffic from US 85 to make their maneuver. The intersection has a left -turn deceleration lane, right -turn deceleration lanes and a right turn acceleration lane on US 85. This intersection is identified in the US 85 Access Control Plan (ACP) 1-76 to WCR 80, 1999 for improvements including a northbound left turn grade -separated fly -over ramp. The US 85 Planning and Environmental Linkage Study (PEL), 2017, recommends this intersection be reconstructed into a diamond interchange, which would incorporate Weld County Road 36 east of US 85 into the interchange. Although this intersection is identified for these long-range improvements, there is no known capital improvement project planned for this intersection. The left turn volume on the SH 60 approach, which would experience this delay is very low and other options are available for accessing US 85 northbound in the vicinity. Therefore, no improvements are recommended to mitigate the deficient level of service. CivTrans Engineering Inc. 21 Brannan Gilcrest Site Auxiliary Turn Lane Evaluation The study area intersections were evaluated to determine the need for auxiliary lanes and verify existing deceleration and acceleration lanes meet CDOT's State Highway Access Code (SHAG). The need for auxiliary lanes is based on roadway classification, speed, and turning volume. The study area intersections are all along CDOT roadways. State Highway 60 is classified as a Regional Highway (R -A) with a speed limit varying between 55 and 65 mph. US 85 is classified as an Expressway, Major Bypass (E -X) with a speed limit of 65 mph at the SH 60 intersection. Per the SHAC, the following thresholds apply for auxiliary lanes along these roadways. Auxiliary Lane Criteria (R -A) • Left turn deceleration lane: 10 or more left turns per hour • Right turn deceleration lane: 25 or more right turns per hour • Left turn acceleration lane: o Required if it would be a benefit to the safety and operation of the roadway or as determined by subsection 3.5. o Generally not required where... ■ the posted speed is less than 45 mph ■ the intersection is signalized ■ the acceleration lane would interfere with left turn ingress movement to any other access • Right turn acceleration lane: 50 or more right turns from access and posted speed exceeds 40 mph. Auxiliary Lane Criteria (E -X) • Left turn deceleration lane: 10 or more left turns per day • Right turn deceleration lane: 10 or more right turns per hour Left turn acceleration lane: o Required if it would be a benefit to the safety and operation of the roadway or as determined by subsection 3.5. o Generally not required where... ■ the posted speed is less than 45 mph ■ the intersection is signalized ■ the acceleration lane would interfere with left turn ingress movement to any other access Right turn acceleration lane: 10 or more right turns from access and posted speed exceeds 40 mph. Based on the SHAC criteria, there are intersections within the study area that do not comply with the standards and should be considered by CDOT for auxiliary turn lanes. CivTrans Engineering Inc. 22 Brannan Gilcrest Site S H 60 & WCR 44: The southbound left turn volume exceeds the 10 vehicle per hour (vph) threshold. Therefore, a left turn deceleration lane should be considered for this intersection. S H 60 & WCR 42: The southbound left turn volume exceeds the 10 vph threshold. Therefore, a left turn deceleration lane should be considered for this intersection. S H 60 & US 85: This intersection has a right turn and left turn deceleration lanes on US 85 and a right turn acceleration lane for right turning vehicles from SH 60 to turn onto US 85 southbound. The lengths of these deceleration and acceleration lanes do not appear to meet current SHAC code standards. For a 65 -mph roadway, the required deceleration and acceleration lengths are 800 feet and 1,380 feet respectively. The deceleration lane transition taper ratio is 25:1. Left turn deceleration lanes require storage length, which is a function of the hourly volume and is essentially 1 foot per vehicle if the volume exceeds 100 vph. The northbound left turn volume from the traffic count was 506 vph during the PM peak hour, which does not include a passenger -car -equivalent (PCE) factor applied to the trucks for this movement. With a PCE factor applied to the trucks, the volume is approximately 520 vph. Therefore, the northbound left turn deceleration lane should provide 800 feet of deceleration plus 520 feet of storage and a 25:1 transition taper. The existing lane is approximately 365 -feet with a 35:1 taper, which is approximately 955 -feet deficient. The southbound right turn volume from the traffic count was 5 vph during the AM peak hour. A right turn deceleration lane is not required based on the criteria. However, a deceleration lane already exists and is approximately 260' with a 25:1 taper, which is approximately 540' deficient.ebt The existing acceleration lane for right turns from SH 60 is approximately 600' with a 30:1 transition taper. The lane should be 780' longer to meet SHAC criteria. CivTrans Engineering Inc. 23 Brannan Gilcrest Site PHF 0.88/0.98 246/206 =1> 1 C=189/221 207/170 262/229 O LO N M PHF 0.97/0.97 4, 0,0 0 5 480/298 % IC% afr (O O O I- LO N CV tO N �n N tX) PHF 0.90/0.97 co co o� r b 2 HIGHWAY 60 PHF �_ 0.90/0.96 28/40 2/3 M O c0 \ � N co N r � PHF \3 0.78/0.97 0/3 it 54/41 3/1=> 4 X1/0 0/0 � � 5/2 CVfr 12/34 — AM Peak Hour/PM Peak Hour i ,z34 - Average Daily Traffic (24 —hour) PHF — Peak Hour Factor Source: Traffic counts collected by All Traffic Data Inc. on Uarch 8, 2022 under the direction of CivTrans Encineerinc Inc. EXHIBIT 5 EXISTING (2O22) TRAFFIC VOLUMES 1 WCR 44 3 HIGHWAY 60 SITE WCR 42 ^Sti =-) NOT TO SCALE APRIL 28, 202? aye raris ENGINEERING INC. TRIP GENERATION AND DISTRIBUTION Trip Generation The proposed Brannan aggregate facility will mine rock, gravel and sand material on site and distribute to concrete plants, asphalt facilities and construction sites along the front range. The Trip Generation Manual, 11t" Edition published by the Institute of Transportation Engineers (ITE) is typically used to determine the number of trips generated by a proposed land use. The purpose of the Trip Generation Manual (TGM) is to compile and quantify empirical trip generation rates for specific land uses within the US, UK and Canada. However, this project is unique and not covered by the TGM. Truck data based on the facility production and data from other similar aggregate, concrete and asphalt production facilities was used. Aggregate Production Trips Brannan has supplied estimated traffic data for the aggregate portion of the site based on daily average and peak aggregate sales (tons per day), payload averages (tons per load), number of vendors and number of employees. Average and peak daily sales are estimated to be 9,000 and 14,000 tons per day respectively. At an average payload of 28 tons per vehicle, this corresponds to 321 average and 500 peak daily trucks to move the aggregate. Approximately 4 vendors/contractors and 20 employees per day are anticipated to visit the site. The following table depicts this information, which was used to derive peak hour trips entering and exiting the site associated with the aggregate production operation. Table 4 — Aggregate Production Trip Generation Estimate Aggregate Sales Tons (tons/veh) Payload Trips Entering Exiting Total Daily Average 9,000 28 321 321 642 Daily Peak 14,000 28 500 500 1,000 Peak Hour 1,400 28 50 50 100 Aggregate Operations # Visits / Day Entering Exiting_ Total Vendors 4 1 4 4 8 Employees 20 1 20 20 40 Aggregate sales are anticipated to start around from 6:00-7:00 AM and end around 3:00- 4:00 PM. Trucks will enter unloaded and exit the site loaded between these times throughout the day. During the AM peak (6:00-7:00) employees will arrive, but will leave after the end of the sales day thus not impacting the PM peak. Vendors/contractors are anticipated to arrive / depart at off-peak times during the day. Therefore, the AM peak for the aggregate production is anticipated to include 50 trucks and 20 passenger cars CivTrans Engineering Inc. 25 Brannan Gilcrest Site entering and 50 trucks exiting. PM peak traffic generation is anticipated to be 50 entering trucks and 50 exiting trucks. Concrete Production Trips Estimated traffic data was also supplied for the future concrete and asphalt production portion of the site. The traffic for the concrete production is based on estimated average and peak daily sales (yards per day), average payload (yards per truck), number of vendors and employees and amount of import material (cement) required. Average and peak daily sales are estimated to be 341 and 512 yards per day respectively. At an average payload of 8 yards per vehicle, this corresponds to 43 average and 64 peak daily trucks to move the concrete. Approximately one vendor/contractor and 14 employees per day are anticipated to visit the site. The following table depicts the breakdown of the trips associated with the future concrete production portion of the site. Table 5 — Concrete Production Trip Generation Estimate Concrete Sales Yards (yards/veh) Payload Trips Entering Exiting Total Daily Average 341 8 43 43 86 Daily Peak 512 8 64 64 128 Peak Hour 43 8 6 6 12 Concrete Operations # Visits / Day Entering Exiting Total Vendors 1 1 1 1 2 Employees 14 1 14 14 28 Concrete Import Material Material Concrete Load per of Loads Entering Exiting Total Daily Average 0.45 19 19 19 38 Daily Peak 0.45 29 29 29 58 The concrete production will have ten (10) concrete trucks to deliver the product. These trucks will be stored overnight on site so that in the morning these trucks will be loaded and exit the site for their delivery (only counting as an exit trip). They will return and leave several times throughout the day, ultimately returning at the end of the day and parking the truck for the night. Import materials are anticipated to be delivered at off-peak times and will not impact the peak hour of operations. During the AM peak, employees will arrive and the 10 concrete trucks will depart. During the PM peak, the 10 concrete trucks will return and employees will leave. Therefore, the AM peak for the concrete production is anticipated to include 14 passenger cars entering and 10 trucks exiting. During the PM peak, the concrete production is anticipated to have 10 trucks entering and 14 passenger cars exiting. Asphalt Production Trips Traffic data was also supplied for the future asphalt production portion of the site based on a similar operating Brannan facility along I-76. Asphalt production is seasonal as many CivTrans Engineering Inc. 26 Brannan Gilcrest Site months of the year are not suitable for paving due to cold temperatures. During normal operation from May to September, the 1-76 asphalt facility produces 500-3,500 tons per day with an average of approximately 2,000 tons per day. Production during the high end of this range (3,500) is most commonly associated with a daily production that include night -paving projects, which means the traffic is spread out over a longer duration. Payload for asphalt trucks is approximately 18 tons per truck, which means the average daily trucks anticipated is approximately 110 (220 trips). Similar to concrete, asphalt requires a certain amount of imported materials to produce the product. For this site, the aggregate comprises approximately 45% of the material to make asphalt, which means approximately 55% of the material needs to be imported (~1,100 tons). Material truck payload is approximately 28 tons per truck, resulting in 40 trucks per day. Import materials are anticipated to be delivered at off-peak times. The following table depicts the breakdown of the trips associated with the future asphalt production portion of the site. Table 6 — Asphalt Production Trip Generation Estimate Asphalt Sales Tons (tons/veh) Payload Trips Entering Exiting Total Daily Average 2,000 18 110 110 220 Daily Peak 3,500 18 194 194 388 Peak Hour 200 18 11 11 22 Asphalt Operations # Visits / Day Entering Exiting Total Vendors 1 1 1 1 2 Employees 9 1 9 9 18 Asphalt Import Material Load Material of Asphalt per Loads Entering Exiting Total Daily Average 0.55 40 40 40 80 Daily Peak 0.55 69 69 69 138 The asphalt production will provide up to four (4) Brannan trucks with nine (9) total employees. The remaining asphalt trucks will be made up of independent (non -Brannan) vendors or Brannan trucks based out of a different location. During the AM peak, the nine employees will arrive along with approximately seven (7) vendor / non -site asphalt trucks and 11 asphalt trucks will depart. During the PM peak, the 11 asphalt trucks will return and nine (9) employees will leave along with seven (7) asphalt trucks. Therefore, the AM peak for the asphalt production is anticipated to include 9 passenger cars and 7 trucks entering and 11 trucks exiting. During the PM peak, the asphalt production is anticipated to have 11 trucks entering, 7 trucks exiting and 9 passenger cars exiting. CivTrans Engineering Inc. 27 Brannan Gilcrest Site Table 7 - Peak Hour Site -Generated Trips Site (Truck / Passenger Car) AM Peak Hour PM Peak Hour In Out Total In Out Total Aggregate Truck Trips 50 50 100 50 50 100 Aggregate Passenger Car Trips 20 0 20 0 0 0 Concrete Truck Trips 0 10 10 10 0 10 Concrete Passenger Car Trips 14 0 14 0 14 14 Asphalt Truck Trips 7 11 18 11 7 18 Asphalt Passenger Car Trips 9 0 9 0 9 9 Total Truck Trips 57 71 128 71 57 128 Total Passenger Car Trips 43 0 43 0 23 23 Trip Types Nearly all developments are made up of the following six trip types: new (destination) trips, pass -by trips, diverted trips, shared (internal) trips, multi -modal (non -vehicular) trips, and transit -oriented trips. In order to better understand the trip types available for land access and how they relate to this project, a description of each specific type follows. New (Destination) Trips - These types of trips occur to access a specific land use such as a new retail development or a new residential subdivision. These types of trips will travel to and from the new site and a single other destination such as home or work. This is the only trip type that will result in a net increase in the total amount of traffic within the study area. The reason primarily is that these trips represent planned trips to a specific destination that never took trips to that part of the city prior to the development being constructed and occupied. This project will develop new trips. ir Pass -by Trips - These trips represent vehicles which currently use adjacent roadways providing primary access to new land uses or projects. These trips, however, have an ultimate destination other than the project in question. They should be viewed as drop -in customers who stop in on their way home from work. A good example is a quick stop at the grocery store to pick up an ingredient for dinner on the way home from work or at a latte stand to grab a coffee on the way to work. This can make this trip pre -determined, but the stop is still on the way by. Another example would be on payday, where an individual generally drives by their bank every day without stopping, except on payday. On that day, this driver would drive into the bank, perform the prerequisite banking and then continue home. In this example, the trip started from work with a destination of home, however on the way, the driver stopped at the grocery store/latte stand and/or bank directly adjacent to their path. Pass -by trips are most always associated with commercial/retail types of developments. Therefore, pass -by trips are not anticipated for this project due to the type of development. Diverted (Linked) Trips - Diverted trips are like pass -by trips, but diverted trips occur from roadways that do not provide direct access to the site. Instead, one or more streets must be utilized to get to and from the site. Similar to pass -by trips, diverted trips are CivTrans Engineering Inc. 28 Brannan Gilcrest Site most always associated with commercial/retail type developments. Diverted trips for this project could occur from US 85. However, given the type of development, which is industrial - mining, diverted trips are not expected. Shared Trips - Internal trips are the portion of trips generated by a mixed -use development that both begin and end within the development. When estimating trip generation for a development with several uses, each use will generate its own trips. If those trips occur between two of the onsite uses without using the external roadway system, it is considered a shared or internal trip. This trip type reduces the number of new trips generated on the public road system and is most commonly used for commercial or mix -use developments. Determining these trip types is more difficult to quantify and without specific guidance are usually determined by engineering judgment on a project - by -project basis. For this project, the aggregate and concrete production facilities are the only uses on the site. Therefore, no shared (internal) trip reduction was applied to this project. Multi -Modal Trips - These are non -vehicular trips to and from the site, mostly comprised of pedestrian and bicycle trips. Generally, they are local trips from the surrounding neighborhood or adjacent businesses. If a development is in an area with a high amount of bicycle and pedestrian activity, such as a downtown setting or college campus, a reduction of vehicular trips would be anticipated. During the traffic count and field observation, no bicycles or pedestrians were seen in the vicinity of the site. There is no pedestrian sidewalk infrastructure in the vicinity the site that would make accessing the site easy for pedestrians and bicycles. Also, the site is very remote from other urban development. Therefore, the amount of pedestrian and bicycle activity for the site is anticipated to be negligible and no reduction of vehicular trips was applied. Transit Trip - The Denver Metro area is served by Regional Transportation District (RTD) with public bus and light rail. However, there is not a bus stop or light rail station near the site. Due to the distance to available transit, no transit reduction was applied. Based on the various trip types depicted above and the nature of the proposed project, no reductions were applied to the trip generation estimates shown in Tables 4, 5, 6 and 7. Passenger Car Equivalent Passenger car equivalent is a unit used to represent the impact of large vehicles on a roadway. Trucks take more time to turn, start and stop at intersections and take up more space when queued up. To account for the turning and stop -controlled trucks at study area intersections anticipated for this project and equate them to passenger cars, a factor of 3.0 was multiplied by the number of trucks for the passenger car equivalent. Therefore, the 102 peak hour truck trips for the aggregate production are estimated to be equal to the impact of 306 passenger cars at the site access. At other study area intersections where the trucks are through movements, no passenger -car -equivalent factor was applied. This factor was only applied for capacity analysis and not applied to the traffic CivTrans Engineering Inc. 29 Brannan Gilcrest Site signal warrant evaluation as the Manual on Uniform Traffic Control Devices bases volume warrants on vehicles and not passenger cars. Trip Distribution The traffic associated with the project is expected to be made up of commuter trips, material import trucks and aggregate, concrete and asphalt trucks delivering to construction sites. The aggregate trucks initially will exclusively serve Brannan concrete and asphalt facilities in the region. Eventually, the aggregate may include sales outside of Brannan. Concrete and asphalt trucks will distribute mostly to project sites along the front range in the vicinity of the site from north Denver -metro to Brighton and Greeley. The directional distribution for how site -generated trips would access the development were based on discussions with the owner on their anticipated service area and customer demand. The resulting trip distribution for the area was determined to be the following: Aggregate, Concrete and Asphalt Trucks • State Highway 60 north of the site — 15°/0 • US 85 / SH 60 south of the site — 85°/0 • WCR 44 and WCR 42 east of the site — 0% • US 85 north of the site — 0% • Two Rivers Parkway north of the site — 0% Employee (commuter) / Vendor Trips • State Highway 60 west of Two Rivers Pkwy — 15% • US 85 / SH 60 south of the site — 50% • US 85 north via WCR 44 east of the site — 20% • WCR 42 east of the site — < 1°/0 • Two Rivers Parkway north of the site — 15°/0 Employee and vendor vehicles are anticipated to distribute similar to other commuter trips in the area, which is estimated to be approximately a 50% north and 50% south split at the site driveway. At the intersections beyond the study area, employee trips are anticipated to distribute similar to existing travel patterns. These trip distribution percentages are illustrated in Exhibit 6. The site access trip distributions for the project are provided in Exhibits 7 to 10 for the project. CivTrans Engineering Inc. 30 Brannan Gilcrest Site *2i/2i� ifo/o IC% 3 O 0 4, 0,0 � 5 * 129/129 ICVfr v� N r e o� N r * 12/34 — AM Pea 21/21* 129/129* HIGHWAY 60 \ 4 2 qt • O qt O 4=0/0 K Hour/PM Peak Hour *Trips shown are passengercarequivalents, which are 3.0 times the number of truck trips. EXHIBIT 7 1 WCR 44 SITE WCR 42 HIGHWAY 6O S' M ^Sti NOT TO SCALE APRIL 28, 202? Civa raris AGGREGATE PRODUCTION SITE -GENERATED NEW TRUCK TRIPS ENGINEERING INC. = 1 a 3/0% 4=3/0 IC% 0 0 a � 0 0 P 00 00 12/34 — AM Pea EXHIBIT 8 HIGHWAY 60 0 0 4 2 4=4/0 0 00 0 00 4,4A5. 0/0i, ti0/0 K Hour/PM Peak Hour 1 WCR 44 SITE WCR 42 HIGHWAY 6O 4-) NOT TO SCALE APRIL 28, 202? aye raris AGGREGATE PRODUCTION PASSENGER CAR TRIPS ENGINEERING INC. * 3/9% if 0/0 IC% M O O) 0 0 rn oPr) 3 P 0 qt o� 00 12/34 — AM Pea 9/3 * 54/18 HIGHWAY 60 0Ca r0 4A5D o/o it at 0/0 =>• 4 C= l K Hour/PM Peak Hour *Trips shown are passengercarequivalents, which are 3.0 times the number of truck trips. EXHIBIT 9 CONCRETE & ASPHALT PRODUCTION SITE -GENERATED NEW TRUCK TRIPS 1 WCR 44 SITE WCR 42 HIGHWAY 6O 4-) NOT TO SCALE APRIL 28, 202? Civa raris ENGINEERING INC. 1 3/0 % if 3/0 IC% n rn a � 0 0 0 or b 1/34 — AM P ea HIGHWAY 60 4=5/0 P 00 o N o 0 00 4,4A5. 0/0i, at0/0 4 4 111 K Hour/PM Peak Hour Wir EXHIBIT 10 CONCRETE & ASPHALT PRODUCTION PASSENGER CAR TRIPS 1 WCR 44 SITE WCR 42 HIGHWAY 6O 4-) NOT TO SCALE APRIL 28, 202? aye raris ENGINEERING INC. 1 11/10(32/30) % Isr 13/11(37/36) CNI res. 0 co M in e M _ � N Tr 0 N 3 4 a M 3/ 3(/) 9 9 P 5 4/5(14/14) ick HIGHWAY 60 .. co rco N co 2 co rco N \ \ cn N co 4 �••-••• N On in N co co HUNT FARMS PIT 1/34 - Short—term AM Peak Hour/PM Peak Hour (12/34) — (Mid —range AM Peak Hour/PM Peak Hour) EXHIBIT 11 1 WCR 44 WCR 42 =-) S7' ^Sti Qo \ coNt N 4C, 21/24(66/69) ct 6/7(24/25) NOT TO SCALE APRIL 28, 202? aye raris BACKGROUND PROJECT TRIPS ENGINEERING INC. FUTURE YEAR TRAFFIC IMPACT ANALYSIS Level of service calculations for the short-term (year 2026), mid -range (year 2028) and long-range (year 2042) conditions assumed that the existing traffic volumes as shown on Exhibit 5 experience an ambient growth in traffic above the 2022 as described in the "Ambient Growth" section. The future year conditions all include the completion of the Hunts Farm Pit background project traffic as shown on Exhibit 11. Two scenarios were examined for the each of the future conditions, one without the Brannan project and one with the Brannan project completed. A list of the future scenarios follows. • Short-term Condition (Year 2026) without project • Short-term Condition (Year 2026) with the aggregate production • Mid -range Condition (Year 2028) without project • Mid -range Condition (Year 2028) with build out project • Long-range Condition (Year 2042) without project • Long-range Condition (Year 2042) with build out project These scenarios will allow a specific comparison of impacts to the study area intersections and allow a determination to be made as to the extent of the project's impact and if any mitigation measures will be required. Short-term Conditions (Year 2026) without the project The traffic volumes for this scenario include the existing (Year 2022) traffic volumes (Exhibit 5) with four years of ambient growth and the short-term traffic associated with Hunts Farm Pit. The total traffic volumes anticipated under this condition are shown on Exhibit 12. A summary of the results is shown in Table 8, which follows. Table 8 Year 2026 Levels of Service without Project INTERSECTION r Approach Overall or AM Peak PM Peak (S)ignalized (U)nsignalized Delay (sec) LOS Delay (sec) LOS S Ovr 23.3 C 16.3 B Highway 60 & Two Rivers Pkwy U WB 11.4 B 14.8 B Highway 60 & WCR 44 U WB - - - - Highway 60 & Site Access U EB 27.5 13.8 D B 29.2 14.2 D B WB Highway 60 & WCR 42 U EB 81.7 13.1 F B 430.5 16.8 F C Highway 60 & US 85 NBL `Delay and LOS within parentheses is associated with an improvement With the ambient growth in traffic for the short-term (Year 2026), the intersections within the study area are anticipated to continue to operate at acceptable levels of service except CivTrans Engineering Inc. 37 Brannan Gilcrest Site the eastbound approach of SH 60 & US 85. This intersection was documented in the Existing Conditions analysis as operating at deficient levels for the eastbound left turn, which showed zero volume during the traffic counts. The intersection is identified in the US 85 PEL as eventually being improved to a grade -separated diamond interchange. However, it is not known when this will occur. In the interim, CDOT should consider either restricting the left turn from SH 60 or adding a left turn acceleration lane to improve this movement. CivTrans Engineering Inc. 38 Brannan Gilcrest Site 277/232=1> 1 <1=213/249 244/201 308/269 3/3 it 544/340 r co CO 3 349/658 => 4,4 5 afr 1 -I- N to LO1- Lo N� 1/34 — AM P ea HIGHWAY 60 co d- 0 co V� 30/43 2 2/3 I? ft? CO 0 0 tO N co qt 4A5D 0/3c, km58/44 oho =>•4 C= vcr5�z 4C% /1? P oco� r M K Hour/PM Peak Hour EXHIBIT 11 SHORT-TERM (2❑26) NO -PROJECT TRAFFIC VOLUMES 1 WCR 44 SITE WCR 42 HIGHWAY 6O =-) A NOT TO SCALE APRIL 28, 202? aye raris ENGINEERING INC. Short -Term Condition (Year 2026) with the Project The traffic volumes included in this scenario include the short-term no -project traffic volumes as shown on Exhibit 12 with the additional traffic from the aggregate production portion of the proposed project, as shown on Exhibits 7 and 8. The total traffic volumes anticipated under this condition are shown on Exhibit 13. Capacity Analysis (Level of Service) The intersections were analyzed for capacity, delay and level of service using the latest version of the Highway Capacity Manual methodologies as implemented within the Synchro software, version 10. A summary of the results is shown in Table 9, which follows. Table 9 - Year 2026 Levels of Service with Project INTERSECTION Approach Overall or AM Peak PM Peak (S)ignalized (U)nsignalized Delay (sec) LOS Delay (sec) LOS S Ovr 23.5 C 16.2 B Highway 60 & Two Rivers Pkwy U WB 12.9 B 14.9 B Highway 60 & WCR 44 U WB 47.0 E 55.0 (19.1) (C) F Highway - Add left 60 & turn Site Access acceleration lane (18.9) (C) U EB 32.0 15.2 D C 32.7 14.9 D B WB Highway 60 & WCR 42 U EB 193.8 16.7 F C >300 24.3 F C NBL Highway 60 & US 85 `Delay and LOS shown in parentheses associated with improvements With the additional traffic generated by the aggregate portion of the proposed project, the study area intersections are anticipated to operate at acceptable levels of service except the site access to SH 60 and the eastbound approach of SH 60 & US 85. The site access intersection can be improved by either installing a traffic signal or constructing a left turn acceleration lane for egress traffic. A traffic signal warrant evaluation was conducted, which is detailed in the following section and shows warrants are not anticipated to be met. Therefore, a left turn acceleration lane should be installed to maintain acceptable level of service. The intersection of SH 60 & US 85 is identified to have deficient level of service for left turning traffic from SH 60 regardless of whether the Brannan project moves forward or not. Therefore, there are no recommendations to improve this intersection as a part of this project. The level of service reports for the short-term with the project condition are provided in the Technical Appendix. CivTrans Engineering Inc. 40 Brannan Gilcrest Site Sight Distance The CDOT State Highway Access Code (2002) was consulted for determining the required sight distance for vehicles entering Highway 60 from the site access driveway. Table 4-2 provides required entering sight distances (in feet) based on the highway posted speed, number of lanes and design vehicle. Highway 60 has a posted speed of 65 mph through this segment and is a two-lane highway and relatively flat (< 3% grade). The design vehicle for the Brannan aggregate facility is multi -unit trucks. Based on these variables, the required entering sight distance is 1,105 feet. This sight distance should be provided for the proposed site access to Highway 60, which is measured 10' back from the edge of the roadway at a height of 3.5 feet. The oncoming vehicle height is assumed to be 4.25 feet. Based on observations during a site visit, there appears to be adequate sight distance for this access. When developing construction plans for this access, the line of sight (sight triangle) should be shown on the plans and any plantings or other visual obstructions within this triangle area should not exceed 3.5 feet in height. Auxiliary Lane Evaluation An evaluation was conducted to determine if auxiliary lanes are required at the site access as a result of the proposed project. The Colorado Department of Transportation (CDOT) State Highway Access Code (SHAG) (2002) was utilized to determine the need for auxiliary lanes. Highway 60 has a roadway classification of R -A (regional highway) through the study area including along the site frontage. Highway 60 is posted at 65 mph through the site access intersection. � The CDOT access code states the following for category R -A. "Auxiliary turn lanes shall be installed according to the criteria below. a) A left turn deceleration lane with taper and storage length is required for any access with a projected peak hour left ingress turning volume greater than 10 vph. The taper length will be included within the required deceleration length. b) Aright turn deceleration lane and taper length is required for any access with a projected peak hour right ingress turning volume greater than 25 vph. The taper length will be included within the required deceleration length. c) Aright turn acceleration lane and taper length is required for any access with a projected peak hour right turning volume greater than 50 vph when the posted speed on the highway is greater than 40 mph. The taper length will be included within the required acceleration length. A right turn acceleration lane may also be required at a signalized intersection if a free -right turn is needed to maintain an appropriate level of service in the intersection. d) Right turn deceleration and acceleration lanes are generally not required on roadways with three or more travel lanes in the direction of the right turn except as provided in subsection 3.5. CivTrans Engineering Inc. 41 Brannan Gilcrest Site e) A left turn acceleration lane may be required if it would be a benefit to the safety and operation of the roadway or as determined by subsection 3.5. A left turn acceleration lane is generally not required where; the posted speed is less than 45 mph, or the intersection is signalized, or the acceleration lane would interfere with the left turn ingress movements to any other access. S H 60 & Site Access Based on the CDOT auxiliary lane requirements listed above, the following applies for the intersection of SH 60 and the proposed site access. Please note that passenger -car - equivalents are not applied for auxiliary lane evaluation. • Southbound left turn traffic volumes are anticipated to be 17 vehicles per hour (vph) during the AM peak and 7 vph during the PM peak. This exceeds the 10 vph threshold, which indicates a left turn deceleration lane would be required. • Northbound right turn traffic volumes are anticipated to be 53 vph during the AM peak hour and 43 vph during the PM peak hour. The AM and PM peak hour volumes exceed the 25 vph threshold, which indicates a right turn deceleration lane would be required. • Eastbound right turn traffic volumes are anticipated to be 7 vph during the AM peak and 7 vph during the PM peak, which does not exceed the 50 vph threshold. Therefore, a right turn acceleration lane is not required. • A left turn acceleration lane would be beneficial for this access assuming a traffic signal is not installed. The highway speed exceeds 45 mph. The intersection is planned to be a tee intersection and there will be no northbound left turns at the intersection. The level of service for the westbound approach would benefit from a two -stage movement. For a posted speed of 65 mph, based on table 4-6 within the CDOT SHAC, a right turn deceleration length of 800' with a transition taper of 25:1 should be used in designing the deceleration lane. The taper length is included within the required deceleration length. For a 12' wide lane, the deceleration lane would need to provide 500' of full -width lane and 300' of taper to meet the 800' requirement. For a left turn deceleration lane, deceleration length plus storage must be provided. Storage lengths are based on turning vehicles per hour and found in Table 4-8 of the SHAC. Passenger -car -equivalents are used for this calculation. For 31 vph, a storage length of 50' should be provided to accommodate the aggregate production, which is in addition to the 800' required for deceleration. Therefore a 550' full -width lane should be provided with 300' of taper (25:1) for the westbound left turn deceleration lane. The addition of concrete and asphalt trucks are not anticipated to require a longer lane. Acceleration lane length requirements at the site access are 1,380', which include a 25:1 taper. Therefore, 12' -wide left turn and right turn acceleration lanes should provide 1,080' of full -width lane plus a 300' taper. CivTrans Engineering Inc. 42 Brannan Gilcrest Site Signal Warrant Analysis The intersection of Highway 60 & Brannan site access was evaluated for traffic signal warrants using the criteria set forth within the Manual on Uniform Traffic Control Devices (MUTCD). The MUTCD provides nine separate warrants (shown below) for evaluating the need for signalization at intersections. Warrant 1, Eight -Hour Vehicular Volume Warrant 2, Four -Hour Vehicular Volume Warrant 3, Peak Hour Warrant 4, Pedestrian Volume Warrant 5, School Crossing Warrant 6, Coordinated Signal System Warrant 7, Crash Experience Warrant S, Roadway Network Warrant 9, Intersection Near a Grade Crossing For the intersections being evaluated, several of the Warrants do not apply. Warrants 1, 2, and 3 apply and were evaluated for these intersections. Intersection Approach Volumes The estimated hourly volumes for the intersection are shown below. These include a four- year ambient traffic growth, the Hunts Farm Pit traffic, and the anticipated project traffic associated with the aggregate production. No passenger -car -equivalent factor for the trucks is applied for this analysis as the warrants are based on vehicular volume. Right turns are removed from the northbound approach volumes as this approach has a right turn lane and the movement does not significantly impact the operation of the intersection. The MUTCD allows engineering judgment for consideration of subtracting right turning traffic from the minor street approach volume. The proposed Brannan site access westbound approach is not anticipated to experience high right turning volume for this scenario and unlikely to have a dedicated lane or acceleration lane. Therefore, the right turn volume was included in the calculation. CivTrans Engineering Inc. 43 Brannan Gilcrest Site Table 10 - Hi • hwa 60 & Site Access Hour! Volumes for Short-term Build Condition Time NB SB WB Total Hwy 60 Total Intersection 5:00 182 405 0 587 587 6:00 276 617 50 893 943 7:00 349 546 50 895 945 8:00 313 424 50 737 787 9:00 220 319 50 539 _ 589 10:00 213 300 50 513 563 11:00 195 277 50 472 522 12:00 181 226 50 407 457 13:00 215 246 50 461 511 14:00 317 298 50 615 665 15:00 449 316 50 765 815 16:00 600 432 20 1032 1052 17:00 584 372 0 956 956 18:00 450 275 0 725 725 19:00 353 251 0 604 604 20:00 314 237 0 551 551 Warrant 1 — Eight -hour Vehicle Volume Legend Peak Hour Peak 4 -hour Peak 8 -hour Warrant 1 is split into three separate warrants, Warrant 1, 1 A and 1B. 1/81/4 and 1B are satisfied when, for each of any 8 hours of an average day, the traffic volumes given in the tables below exist on the major street and on the higher -volume minor street approach to the intersection. Warrant 1 is satisfied if 80% of 1 A and 1B are satisfied. Warrant 1 A t Number traffic of on lanes each approach for moving Vehicles major both street approaches) per hour (total on of Vehicles volume (one per minor direction hour -street on approach only) higher - Major Street Minor Street 1 1 500 150 2 or more 1 600 150 2 or more 2 or more 600 200 1 2 or more 500 200 Warrant 1B Number traffic of on lanes each approach for moving Vehicles major both per street approaches) hour (total on of Vehicles volume per minor (one direction hour on -street approach only) higher - Major Street Minor Street 1 1 750 75 2 or more 1 900 75 2 or more 2 or more 900 100 1 2 or more 750 100 When the 85th percentile speed of the major street exceeds 40 mph in either an urban or rural area, or when the intersection lies within the built-up area of an isolated community having a population less than 10,000, the minimum vehicular volume warrant is 70 percent of the requirements above. This is the case for this intersection, which has a speed limit of 65 mph on Highway 60. CivTrans Engineering Inc. 44 Brannan Gilcrest Site Based on the volumes shown in Table 9 and the thresholds displayed above, warrants 1A, 1B and 1 are not anticipated to be met for the site access. Warrant 2 — Four -Hour Vehicle Volume The Four -Hour Volume Warrant is satisfied when each of any four hours of an average day the vehicles per hour on the major street (total of both approaches) and the corresponding vehicles per hour on the higher volume minor street approach (one direction only) all fall above the curve in Figure 4C-2 for the existing combination of approach lanes. FIGURE 4C-2, FOUR HOUR VOLUME WARRANT I E: inmu r4f kiss than 10,IXIO or abow 40 froph on major streetM 400 w :kV �F 200 0 100 . 2 I._ � 4 IIr1�C�'9 L=. L A_ 2 O H. MO NS L L. i.. 1 Ifil.... 1 LANE . i �F 3..130 PIA, 7E, — - �B70) alit 737,5D IA MORE LANES & .i LANE` R .. �? 2 - Ati, y 5, .��lu. ,ego it llL.A83, 5D • � � ate'' •- �� z Q 6 i l �• �u J 4 6011 700 apo Ware iti 40 Min" Sirei WIDZICh Ore or law 900 1 !IOC 1200 300 1400 1500 FOR STREIT - TO I �t OF & n, APPROMAIES evflpirif 1000 IRD X000 0 Peek four Hours As shown above, all of the peak four hours fall below the plotted line. Therefore, Warrant 2 is not met for the short-term build condition for the site access to Highway 60. Warrant 3 Warrant 3 is split into two warrants, Warrant 3A (Peak Hour Delay) and Warrant 3B (Peak Hour Volume). The peak hour delay warrant (3A) is satisfied when the total delay experienced by the traffic on one minor street approach controlled by a stop sign equals or exceeds four vehicle -hours for cone -lane approach and five vehicle -hours fora two- lane approach. The volume on the minor street approach must exceed 100 vehicles per hour (vph) for cone -lane approach or 150 vph for atwo-lane approach. Also, the total entering volume for the intersection exceed 800 vph for afour-leg intersection or 650 vph for a tee intersection. The peak hour delay on the northbound approach exceeds the four and five vehicle -hour thresholds, but does not exceed 100 vehicles per hour. Therefore, warrant 3A is anticipated to be not met for this intersection. The peak hour volume warrant is satisfied when the plotted point representing the vehicles per hour on the major street (total of both approaches) and the corresponding CivTrans Engineering Inc. 45 Brannan Gilcrest Site vehicles per hour of the higher volume minor street approach (one direction only) for one hour (any four consecutive 15 -minute periods) of an average day falls above the curve in Figure 4C-4 for the existing combination of approach lanes. MINOR STREET - HIGHER VOLUME APPROACH (VPH) FIGURE 4C4. PEAK HOUR VOLUIVIE VVARRANT (Community less than 10,000 or above 40 mph on major street) 500 400 300 200 100 0 400 2 OIL MORE LANES & 2 OR MORE LANE 2 O MORE LANES & 1 NE 1 LANE & 1 LAND ,7:00 AM, 895, 50 V 500 600 700 850 90'0 1000 1100 1200 PIAAJOR STREET - TOTAL OF BOTH APPROACHES (VPH) 'Note: 100 vph applies as the lower threshold volume for a minor street .approach with two or more lanes and 75 vph applies: as the lower thresh of volume for a minor street approach with one or lane, 1300 4100 475 1404 Peak Hour As shown above, the peak hour falls below the plotted line. Therefore, Warrant 3 is not met for this intersection. Other Warrants Warrant 4 was not evaluated as a low to moderate amount of pedestrian activity was observed at these intersections. Warrant 5 was not evaluated as the intersections are not within a school zone or in close proximity to a school. Warrant 6 was not evaluated as the intersection is not near any other traffic signals. The closest traffic signalized intersection to this intersection is at Highway 60 & Two Rivers Parkway, which is over two miles away. Warrant 7 was not evaluated due to a lack of usable crash data for this area. Warrant 8 provides justification for installing a traffic signal at some intersections to concentrate traffic flow on a roadway to create gaps in traffic at upstream unsignalized intersections. This intersection could qualify for this since there is not another traffic signal for two miles to break up platoons of vehicles, but as shown at adjacent intersections the volume of traffic on Highway 60 has sufficient gaps for cross streets. Warrant 9 relates to railroad proximity. This intersection is not in close proximity to an at - grade railroad crossing. CivTrans Engineering Inc. 46 Brannan Gilcrest Site None of the volume warrants evaluated are anticipated to be met as a result of the proposed project. Therefore, a traffic signal is not considered for installation at this intersection to mitigate the project impact. Highway 60 & Site Access — Short-term Conditions Signal Warrant Summary Warrant 1A — Eight -hour Warrant 1 B — Eight -hour Warrant 1 (80% of 1A and 1B) Warrant 2 — Four-hour Warrant 3A — Peak Delay Warrant 3B — Peak Volume N ot Met N ot Met N ot Met N ot Met N ot Met N ot Met CivTrans Engineering Inc. 47 Brannan Gilcrest Site 277/232 =1> 1 <=213/249 26$/222 311/269 to in Pr) rn Pr) .4- a) co r r 3 P 0o rn to N (.O r 1- re) PO r 3/3 it 5 673/469 4,4 Cle% afr r) Nr o �n �r Ni- o rn Mqt 21/21 129/129 HIGHWAY 60 are) r r (IL Oo %\v 30/43 2 6/3 4A5° 0/3 it km 58/44 oho � 4 C= 5�z afr r r) 12/34 — AM Peak Hour/PM Peak Hour EXHIBIT 13 SHORT-TERM (2❑26) BUILD TRAFFIC VOLUMES 1 WCR 44 SITE WCR 42 HIGHWAY 6O S\' ^Sti NOT TO SCALE APRIL 28, 202? Civ raris ENGINEERING INC. Mid -range Conditions (Year 2028) without the project The traffic volumes for this scenario include the existing (Year 2022) traffic volumes (Exhibit 5) with six years of ambient growth and the full operating traffic associated with the Hunts Farm Pit. The total traffic volumes anticipated under this condition are shown on Exhibit 14. A summary of the results is shown in Table 11, which follows. Table 11- Year 2028 Levels of Service without Project Approach Overall or AM Peak PM Peak INTERSECTION (S)ignalized (U)nsignalized Delay (sec) LOS Delay (sec) LOS S Ovr 34.2 C 18.4 B Highway 60 & Two Rivers Pkwy U WB 12.3 B 16.4 C Highway 60 & WCR 44 U WB - - - - Highway 60 & Site Access U EB 34.7 16.5 D C 36.9 E WB 15.6 C Highway 60 & WCR 42 U EB >300 19.7 F C 116.8 14.0 F B NBL Highway 60 & US 85 +At least one movement is operating at LOS F With the ambient growth in traffic and background project traffic for the mid -range (Year 2028), all of the study area intersections are anticipated to operate at acceptable levels of service except the intersections of SH 60 & US 85 and SH 60 & WCR 42. The eastbound approach on WCR 42 is anticipated to fall to LOS E by the year 2028 regardless of whether the Brannan project moves forward or not. There is very little traffic on this approach and even though the level of service is shown to be LOS E, it is not anticipated to impact very many vehicles. Therefore, there are no recommendation for improvements at this intersection. CivTrans Engineering Inc. 49 Brannan Gilcrest Site 294/246 ==> 1 <1= 226/264 279/233 350/309 9/9 587/370 IC% 'it o in Nt a O N N N < 680/533 3 4 b 5 IC% afr co 0 e� oN No N 1/34 — AM P ea HIGHWAY 60 V5s 32/45 2 2/3 4Cr 0 N 71 - co qt N C� r 4A5° 0/3 it at 61/46 3/�1 =>•4 <=vcr6�� oafr rnto "%,..o M K Hour/PM Peak Hour EXHIBIT 14 MIDRANGE (2O28) NO -PROJECT TRAFFIC VOLUMES 1 WCR 44 SITE WCR 42 HIGHWAY 6O =-) A NOT TO SCALE APRIL 28, 202? aye raris ENGINEERING INC. Mid -range Condition (Year 2028) with the Project The traffic volumes included in this scenario include the mid -range no -project traffic volumes as shown on Exhibit 14 with the additional traffic from the aggregate and concrete and asphalt production portions of the proposed project, as shown on Exhibits 7, 8, 9 and 10. The total traffic volumes anticipated under this condition are shown on Exhibit 15. For intersection control and geometry for this scenario, it is assumed that the auxiliary lanes required in the short-term build condition have been installed. A summary of the results is shown in Table 12, which follows. Table 12 - Year 2028 Levels of Service with Project INTERSECTION Approach Overall or AM Peak PM Peak (S)ignalized (U)nsignalized Delay (sec) LOS Delay (sec) LOS S Ovr 34.8 C 18.3 B Highway 60 & Two Rivers Pkwy U WB 16.2 B 16.7 C Highway 60 & WCR 44 U WB 31.2 D 26.3 D Highway 60 & Site Access U EB 44.1 E 44.2 E WB 19.6 C 16.9 C Highway 60 & WCR 42 U EB >300 41.7 F E >300 20.3 F C NBL Highway 60 & US 85 With the additional traffic generated by the concrete and asphalt portions of the proposed project, the study area intersections are anticipated to continue to operate acceptable levels of service assuming acceleration and deceleration lanes are installed with the aggregate portion of the project at the site access. A traffic signal at the site access is not anticipated to be warranted at the site access with the additional traffic from the concrete and asphalt portions of the project. The northbound left turn from US 85 to SH 60 is anticipated to fall to LOS E for this condition. The intersection is identified on the US 85 PEL as a grade -separated diamond interchange in the future. If this improvement is not anticipated to be completed by the year 2028, the northbound left turn lane should be extended to accommodate the additional traffic making this movement. Based on traffic model projections, which include ambient traffic growth, Hunts Farm Pit traffic and the Brannan traffic, approximately 800 vehicles per hour are anticipated to make this left turn with approximately 100 being multi- unit trucks. Per the CDOT State Highway Access Code, the left turn deceleration lane should be 1,800 feet in length (800' deceleration length plus 1,000' storage) plus a 25:1 taper. The level of service reports for the mid -range with the project condition are provided in the Technical Appendix. CivTrans Engineering Inc. 51 Brannan Gilcrest Site Auxiliary Lane Evaluation An auxiliary lane evaluation was conducted for the short-term build scenario with just the aggregate production traffic. With the additional anticipated traffic associated with a concrete production facility and asphalt production facility, the auxiliary lane requirements are generally the same. The southbound left turn lane is anticipated to have 45 AM peak hour and 30 PM peak hour passenger -car -equivalents, which requires 50' of storage per Table 4-8 within the CDOT SHAC, the same as identified in the short-term scenario. CivTrans Engineering Inc. 52 Brannan Gilcrest Site 294/246 =4> 1 <1= 226/264 309/263 356/309 9/9 770/529 rn a co N CO N N M M o� CO In (C)qt %54 3 isrt afr, Nt ao cn "T" (f) o� �a too a� b 5 a 4 o cor, oo ,3 NI- O q� HIGHWAY 60 rn M Tt co „ V� 32/45 2 11/3 it? toto t� � N mt 4A5° 0/3c, at 61 /46 �3/�1 � 4 � ‘ vcr 6��afr 12/34 — AM Peak Hour/PM Peak Hour EXHIBIT 15 MIDRANGE (2❑2B) BUILD TRAFFIC VOLUMES 1 WCR 44 SITE WCR 42 HIGHWAY 6O &' ^Sti =-) NOT TO SCALE APRIL 28, 202? Civ raris ENGINEERING INC. Long-range Condition (Year 2042) without the Project This section focuses on the Long-range condition of the year 2042 without traffic from the project. This scenario assumes that the proposed project has not developed. Capacity Analysis (Level of Service) This analysis will show how the traffic volumes will be handled by the transportation system and what new elements may be needed for the traffic system to continue functioning at an acceptable level of service. The traffic volumes for this condition include the existing traffic, as shown on Exhibit 5 with the ambient background growth over the next 20 years. The Hunts Farm Pit is anticipated to be exhausted of material by 2027. Therefore, traffic associated with this site is not included in the long-range analysis. Please note that peak hour factors for long-range conditions are set at a minimum of 0.90 for stop -controlled intersections and 0.92 for signalized intersections. Please see Exhibit 16 for the traffic volumes used for this scenario. A summary of the level of service results are shown in Table 13, which follows. Table 13 - Year 2042 Levels of Service without Project Approach Overall or AM Peak PM Peak INTERSECTION (S)ignalized (U)nsignalized Delay (sec) LOS Delay (sec) LOS S Ovr 43.9 (21.1) (C) D 96.9 (27.1) (C) F Highway - Retime 60 & signal Two Rivers Pkwy U WB 15.2 C 25.9 D Highway 60 & WCR 44 U WB - - - - Highway 60 & Site Access , %AU EB 45.6 E 86.9 24.3 F C WB 18.8 C Highway 60 & WCR 42 U EB >300 26.2 F D 138.2 >300 F F NBL Highway 60 & US 85 +At least one movement is operating at LOS F With the anticipated growth in traffic within the study over the next 20 years, the intersections of SH 60 & US 85 and SH 60 & WCR 42 are anticipated to operate at LOS F during the peak hours. The SH 60 & US 85 intersection may be improved to the grade - separated diamond interchange identified in the US 85 PEL, which would address the deficient level of service at this intersection. The eastbound approach of the intersection of SH 60 & WCR 42 is shown to operate at LOS E during the AM peak hour and LOS F for the PM peak hour, which affects less than 10 vehicles per hour on this approach. Weld County and CDOT may decide to restrict movements or modify intersection control at this intersection if delay and congestion on this approach reaches unsafe levels. The level of service reports for the long-range without project conditions are provided in the technical appendix. CivTrans Engineering Inc. 54 Brannan Gilcrest Site 444/372 =1> 1 C=341 /399 374/307 473/414 0/0 it 867/538 lc% 0O CO tO 03 N N < 925/706 3 afr n r 0 w to to 0 O3 N0 air o� 4,4 1/34 — AM P 5 ea HIGHWAY 60 sV1 42/59 2 3/4 afr, O � w M r N N Ln 4A5° 0/4 it km 80/61 oho =>.4 C= vcr7�3MP. f‘ft 1 K Hour/PM Peak Hour EXHIBIT if LONG-RANGE (2O42) NO -PROJECT TRAFFIC VOLUMES 1 WCR 44 SITE WCR 42 HIGHWAY 6O =-) NOT TO SCALE APRIL 28, 202? aye raris ENGINEERING INC. Long-range Conditions (Year 2442) with the Project This section focuses on the Long-range condition of the year 2042 with traffic from the proposed project. This scenario assumes that the proposed project has developed. The traffic volumes included in this scenario include the Long-range (Year 2042) traffic volumes as shown on Exhibit 10, and the additional traffic from the proposed project, as shown on Exhibits 7, 8, 9, and 10. The total traffic volumes anticipated under this condition are shown on Exhibit 17. A summary of the results is shown in Table 14, which follows. Table 14 - Year 2042 Levels of Service with Project INTERSECTION Approach Overall or AM Peak PM Peak (S)ignalized (U)nsignalized Delay (sec) LOS Delay (sec) LOS S Ovr 27.7 C 21.2 C Highway 60 & Two Rivers Pkwy U WB 23.1 C 26.8 D Highway 60 & WCR 44 U WB 65.2 F 51.9 F Highway 60 & Site Access U EB 57.5 22.9 F C 110.9 27.5 F D WB Highway 60 & WCR 42 U EB >300 72.8 F C >300 F NBL Highway 60 & US 85 243.0 F In the long-range condition with the addition of the traffic generated by the proposed project, the study area intersections are anticipated to continue to operate at acceptable levels assuming the signal timing modification for the SH 60 & Two Rivers Parkway intersection and agrade-separated diamond interchange for SH 60 & US 85 are completed. The site access is anticipated to fall to LOS F during the AM and PM peak hours due to anticipated increased traffic on Highway 60. The intersection is unlikely to meet signal warrants as no additional traffic would be added to the minor approaches for this scenario, but installing a traffic signal may be the only viable option for mitigating the deficient level of service for the long-range conditions. This access and traffic volumes along Highway 60 should be monitored to determine if installing a traffic signal as part of any future Highway 60 corridor improvements by others in the future is appropriate. The level of service reports for the long-range with the project condition (Year 2042) are provided in the Technical Appendix. CivTrans Engineering Inc. 56 Brannan Gilcrest Site 444/372 =1> 1 <=341/399 404/337 479/414 0/0 1,050/697 Cr) N 3 0 O3 N air o� 4,b 5 ICVfr �cc a) in orn� \c.o O N to O CO O N CO N 30/35 183/159 HIGHWAY 60 sV1 42/59 2 /=12/4 afr P O \ w M CNI rep ko in r 00 cO 4A5° 0/4 it km 80/61 oho � C 4 <1=1/oafr ooN er t 12/34 — AM Peak Hour/PM Peak Hour EXHIBIT 17 LONG-RANGE (2O42) BUILD TRAFFIC VOLUMES 1 WCR 44 SITE WCR 42 HIGHWAY 60 ^Sti =-) NOT TO SCALE APRIL 28, 2022 Iv. raris ENGINEERING INC. CONCLUSIONS & RECOMMENDATIONS Based upon the analysis, field observations, assumptions, methodologies and results which are provided in the body of this document, this project has impacts to the transportation system that require mitigation as presented within this study. The recommendation to the CDOT, Weld County and Town of Gilcrest staff is that the site plan for the proposed project be approved for development with the conditions of approval as shown in the Executive Summary. Future Improvements by Others If the proposed project does not move forward, improvements within the study area may still be required and should be considered by Weld County or CDOT. The intersection of Highway 60 & Two Rivers Parkway will likely require signal retiming within the next tw y years. The intersection of SH 60 & WCR 42 is anticipated to experience defic levels of service on the WCR 42 approaches as traffic along SH 60 increases. CDOT and/or CDOT may consider changing the control for this intersection or restricting movements if safety and congestion end up being an issue. The intersection of US 85 & SH 60 has auxiliary lanes that do not meet current length requirements. If the proposed Brannan project does not move forward CDOT should consider improving the auxiliary lanes at this intersection to address interim conditions. Eventually, this intersection is slated to be converted to a grade -separated diamond interchange. This interchange is anticipated to be required within the next twenty years if growth along these corridors comes to fruition. Access Sight Distance The CDOT State Highway Access Code (2002) was consulted for determining the required sight distance for vehicles entering Highway 60 from the site access driveway. Table 4-2 provides required entering sight distances (in feet) based on the highway posted speed, number of lanes and design vehicle. Highway 60 has a posted speed of 65 mph through this segment and is a two-lane highway and relatively flat (< 3% grade). The design vehicle for the Brannan aggregate facility is multi -unit trucks. Based on these variables, the required entering sight distance is 1,105 feet. This sight distance should be provided for the proposed site access to Highway 60, which is measured 10' back from the edge of the roadway at a height of 3.5 feet. The oncoming vehicle height is assumed to be 4.25 feet. Based on observations during a site visit, there appears to be adequate sight distance for this access. When developing construction plans for this access, the line of sight (sight triangle) should be shown on the plans and any plantings or other visual obstructions within this triangle area should not exceed 3.5 feet in height. CivTrans Engineering Inc. 58 Brannan Gilcrest Site Communication Plan Section 20 Gravel Mine Purpose This communication plan is prepared for the Section 20 gravel mining operation in Weld County. As required by the Weld County Department of Planning, this Plan identifies the process for contacting surrounding property owners to notify them of any operational events known or unforeseen as part of the mining process or decommissioning of equipment. Means of Notification Red Tierra Equities, LLC has a list of all the surrounding property owners' contact information that they have obtained through the permitting process. This list will be maintained on an annual basis with both phone numbers and mailing addresses. In the event that the property owners need to contact the site, the site contact number will be listed at the site entrance sign. Reasons for Notification If operational events, decommissioning, etc. that the plant manager determines may affect the surrounding neighbors are planned, either letters or calls will be made to the affected property owners to provide information on the planned event and duration. If an unplanned event is determined to affect the surrounding neighbors, or calls are received by the plant manager about an event, calls will be made to the affected neighbors to provide information on the event when site personnel are available to do so. Page 1 of 1 DEC 2 0 2020 Crusher/Screen APEN - Form. APCD-221 Air Pollutant Emission Notice (APEN) and Application for Construction Permit All sections of this APEN and application must be completed for both new and existing facilities, including APEN updates. Incomplete APENs will be rejected and will require re -submittal. Your APEN will be rejected if it is filled out incorrectly, is missing information, or lacks payment for the filing fee. The re -submittal will require payment fora new filing fee. This APEN is to be used for aggregate crushing and screening units only. If your emission unit does not fall into this category, there may be a more specific APEN for your source (e.g. mining operations, asphalt plant, engines, etc.). in addition, the General APEN (Form APCD-200) is available if the specialty APEN options will not satisfy your reporting needs. A list of all available APEN forms can be found on the Air Pollution Control Division (APCD) website. This emission notice is valid for five (5) years. Submission of a revised APEN is required 30 days prior to expiration of the five-year term, or when a reportable change is made (significant emissions increase, increase production, new equipment, change in fuel type, etc.). See Regulation No. 3, Part A, II.C. for revised APEN requirements. Permit Number: =' PO 0024_ AIRS ID Number: 1-77 o p [Leave blank unless APCD has already assigned a permit # and AIRS ID] Section 1 - Administrative Information Company Name': Brannan Sand and Gravel Company, LLC Site Name: Pit R Site Location: 2401 W. 60th Ave Denver, CO 80221 Mailing Address: (Include Zip Code) 2500 E. Brannan Way Denver, CO 80229 Portable Source Home Base: 2500 E. Brannan Way Denver, CO 80229 Site Location County: Adams NAICS or SIC Code: 1011 Contact Person: Joshua Oliver Phone Number: 303-534-1231 E -Mail Address2: joliver@brannanl.com ' Use the full, legal company name registered with the Colorado Secretary of State. This is the company name that will appear on all documents issued by the APCD. Any changes will require additional paperwork. '` Permits, exemption letters, and any processing invoices will be issued by the APCD via e-mail to the address provided. 43E050 Form APCD-221 - Crusher/Screen APEN - Revision 07/2020 1 ICOLORADO %tes'"td flq.Rrsens of Ptla Permit Number: AIRS ID Number: [Leave blank unless APCD has already assigned a permit # and AIRS ID] Section 2 - Requested Action a • ■ ■ ■ NEW permit OR newly -reported emission source (check one below) ■ STATIONARY source p PORTABLE source3 - OR - MODIFICATION to existing permit (check each box below that applies) ■ ■ ■ Change equipment Change processing limit Other (describe below) ■ Change status: portable/stationary Transfer of ownership ■ ■ - OR - APEN submittal for update only (Note blank APENs will not be accepted) - ADDITIONAL PERMIT ACTIONS - APEN submittal for permit-exempt/grandfathered source Voluntary permit for otherwise permit -exempt source3 Additional Info Fx Notes: Add point to existing permit Change company names 3 Note that a permit -exempt portable source may be required to obtain a permit based on the facility -wide emissions totals of the operating location. 4 For transfer of ownership, a completed Transfer of Ownership Certification Form (Form APCD-104) must be submitted. 5 For company name change, a completed Company Name Change Certification Form (Form APCD-106) must be submitted. Section 3 - General Information ■ Crusher Only Screen Only ■ Crusher -Screen Combo Unit If "Crusher -Screen Combo Unit" is selected, the crusher and screen must be bolted together and must always travel as one unit. If this is not true, you must fill out a separate AAEN for each piece of equipment. Manufacturer: TBD Model No.: TBD Company equipment Identification No. (optional): For existing sources, operation began on: For new or reconstructed sources, the projected start-up date is: ■ Serial No.: TBD TBD Check this box if operating hours are 8,760 hours per year; if fewer, fill out the fields below: Normal Hours of Source Operation: 12 hours/day 6 days/week 52 weeks/year Dec- Mar- June- Sept - Seasonal use percentage: Feb: 15 May: 25 Aug:35 Nov: 25 How many material transfer points are included on this equipment? 6 A transfer point is defined as any location where material moves from a conveyor to onother conveyor, screen, or pile. It does not include the transfer of material into a hopper. `r =.�` coLoRnoo ds Form APCD-221 - Crusher/Screen APEN - Revision 07/2020 Permit Number: AIRS ID Number: [Leave blank unless APCD has already assigned a permit n and AIRS ID] Section 4 - Processing/Manufacturing Information £r Material Use N/A From what year is the actual annual amount? Description Design Process Rate (tons/hour) . - Actual Annual - Requested Annual Amount (tats) Permit (tons) Limit& Material Asphalt Pavement 250 NiA 300,000 Throughput: 'Recycled 6 Requested values will become permit limitations or will be evaluated for exempt status, as applicable, and should consider future process growth. Requested values are required on all APENs, including APEN updates. Section 5 - Geographical Information Geographical Coordinates (Latitude/Longitude or UTM) f 39.80650 N, -105.01715 W Attach a topographic site map showing location. Section 6 - Criteria Pollutant Emissions Information Attach all emissions calculations and emission factor documentation to this APEN form. The APCD website has a Crushing and Screening Emissions Calculator available to assist with emissions calculations. Is this equipment equipped with water spray bars for emission control? El Yes ■ No N/A From what year are the actual annual emissions? Use the following table to report the criteria pollutant emissions from source: (Use the data reported in Section 4 to calcutate these emissions.) Pollutant Uncontrolled Emission Emission Factor source Actual Annual Emissions Requested Emission Annual Limit(s)6 Permit Factor (Specify ) (AP -42, Mfg etc.) , Uncontrolled (tans/year) _ Controlled? (tons/year) Uncontrolled (tons/year) Controlled (tons/year) J TSP (PM) 0.0430 lb/ton AP -42 N/A N/A 6.45 0.30 . PM,o 0.0153 lb/ton AP -42 N/A N/A 2.30 0.11 - — . PM2.5 Other: 6 Requested values will become permit limitations or will be evaluated for exempt status, as applicable, and should consider future process growth. Requested values are required on all APENs, including APEN updates. 7 Annual emission fees will be based on actual controlled emissions reported. If source has not yet started operating, provide projected emissions. : COLORADO Form APCD-22 Crusher/Screen 1 APEN - Revision 07/2020 3 I 17:41'�'1t Permit Number: AIRS iD Number: [Leave blank unless APCD has already assigned a permitand AIRS ID] Section 7 - Applicant Certification hereby certify that all information contained herein and information submitted with this application is complete, true, and correct. , te- Signature of Legatluthorized Person (not a vendor or consultant) . Name (print) r: r Title Check the appropriate box to request a copy of the: Draft permit prior to issuance Draft permit prior to public notice ■ ■ (Checking any of these boxes may result in an increased fee and/or processing time) This emission notice is valid for five (5) years. Submission of a revised APEN is required 30 days prior to expiration of the five-year term, or when a reportable change is made (significant emissions increase, increase production, new equipment, change in fuel type, etc.). See Regulation No. 3, Part A, II.C. for revised APEN requirements. Send this form along with $216.00 to: Colorado Department of Public Health and Environment Air Pollution Control Division APCD-SS-B1 4300 Cherry Creek Drive South Denver, CO 80246-1530 Make check payable to: Colorado Department of Public Health and Environment For more information or assistance call: Small Business Assistance Program (303) 692-3175 OR (303) 692-3148 APCD Main Phone Number (303) 692-3150 Form APCD-221 Crusher/Screen APEN - Revision 07/2020 ,AA 4 I ` L4 COLORADO �� Hwkh b Ltviravrwnt 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 RESPU ROES, LLC ENCINEERS & PLANNLLRS STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., 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 MILTING 5AF ET Y (Please reference the file number currently assigned to this operation) New Application (Rule 1.4.5) Conversion Application (Rule 1.11) Amendment Application (Rule 1.10) 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 (grit, mine or site name): Section 20 Gravel Mine 3 Permitted acreage (new or existing site) : 3.1 Change in acreage (+) 3.2 Total acreage in Permit area 4. Fees: 4.1 4.2 4.4 4.5 New Application New Quarry Application Amendment Fee Conversion to 112 operation (set by statute) overburden 5 Primary commoditie(s) to be mined: 5.1 Incidental commoditie(s) to be mined: 1. gold 3. / lbs/Tons/yr 4. sand gravel .1 I b s lb s/Tons/Y r 2. / lbs/Tons/yr 5 construction aggregate 631.58 permitted acres acres acres 631.58 $2,696.00 $3,342.00 $2,229.00 $2,696.00 application fee quarry application amendment fee conversion fee lbs/Tons/yr lbs/Tons/yr 5.2 Anticipated end use of primary commoditie(s) to be mined: sale 5.3 Anticipated end use of incidental commoditie(s) to be reined: 6. Name of owner of subsurface rights 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. Type of mining operation: � Surface Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN (check one): SECTION (write number): TOWNSHIP (write number and check direction): RANGE (write number and check direction): QUARTER SECTION (check one): QUARTER/QUARTER SECTION (check one): 6th (Colorado) s 20 T 4 North R 66 East 111 10th (New Mexico) Ute ElSouth West ■ NE NW SE SW 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 (2 decimal places) Longitude (W): deg 104 min 48 sec 39 .20 (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 (Unit) Example: 201336.3 E NAD27 Zone 13 4398351.2 N NAD83 or WGS 84 Nad 83 13 UTM Datum (specify NAD27 � ) Zone Easting 51 6070.00 Northing `1460826.00 11. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Contact's Name: Company Name: Street/P.O. Box: City. State: Telephone Number: f _ Fax Number: Robert Lembke Title: Manager Red Tierra Equities, L.L.C. 8301 East Prentice Avenue, Suite 120 P.O. Box: Greenwood Village CO 303 _ 771-1005 Zip Code: 80111 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Company Name: Street/P.O. Box: City State: Telephone Number: Fax Number: INSPECTION CONTACT Contact's Name: Company Name: Street/P.O. Box: City State: Telephone Number: Fax Number: Kyle Regan Title: Project Geologist Civil Resources, LLC 8308 Colorado Blvd. Suite 200 P.O. Box: Firestone Co 408 - 930-2544 ( Zip Code: 80504 - Robert Lemke Red Tierra Equities, L.L.C. Titie: Manager 8301 East Prentice Avenue, Suite 120 P.O. Box: Greenwood Village Co 303 _ 77'1-1005 Zip Code: 80111 - CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: Telephone Number: ( ) - CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: Telephone Number: ( 4 12. Primar future (Post -mining) Laud use (check one): Pastureland(PL) Forestry(FR) Recreation(RC) Cropland(CR) Ran eland RL Residential(RS) Developed Water Resources(WR) 13. Primary present lend use (check 0..1 Cropland(CR) D, Rangeland(RL) Residential(RS) Pastureland(PL) Forestry(FR) Recreation(RC) Developed Water Resources(WR) D D 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 'lining: 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: Crushing/Screening /Screenin � g g 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 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)(13): 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. 21.....„ Q. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information contained in the application or your permit misrepresent important material facts; If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties, to you as pennittee 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 naive 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 snap 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. Title: Manager State of CD I 00 ss. County of Avor eke, The foregoing instrument was acknowledged before me this 23322 , by K.0 b.?.Xt L.Pi1'Y11Qk.P. as irVlAnGt: MARY BATES NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20204035070 My Commission Expires: October 07, 2024 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)(1), 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 o, f °this form shall result in voiding any per»tit 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 2,0 day of "�-�'�"G f Red Tierra Equities, L.L. C Applica3iieratoi• or Col �74..z If Corporation Attest (Seal) No Seal Signed: � � (J` -�� Signed: Corporate Secretary or Equivalent Town/City/County Clerk day of LiGnUIa�I-� , of Reert istraierCk Rol Pc•teC Notary Public My Commission expires: !Q ita24 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 O F COLORADO. PARCEL CONTAINS 6,812,586 SQ FT OR 156.40 AC MORE OR LESS LEGAL DESCRIPTION PARCEL 1: THE NORTHWEST QUARTER (N1W1/4) 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 O F 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 O F 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 QUEST 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 O F COLORADO PARCEL CONTAINS 6,924,060 SQ FT OR 15$.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 O F 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 Easti ng : 516070.00 Northing: 4460826.00 Section 20 - Gravel Mine — MLRB 112 Permit Amendment Application Exhibit A - 2 EXHIBIT B 12/22/2021 4:56:22 PM 41\Section 20\DRMS\Drawings\Sheets\Exhibit C -Mine Plan.dwg, J:\United Water & San PERMIT BOUNDARY/ AFFECTED LAND WESTERN MUTUAL DITCH WELD COUNTY ROAD 40 0 1,250 2,500 WELD COUNTY ROAD 44 GILCREST ( IN FEET) RED SECTION TIERRA 20 EQUITIES MINE DATE: Nat r rani FIGURE: EXHIBIT B INDEX MAP J EXHIBIT C 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. 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 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. Awash 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 1 CELL 1 CELL 2(PHASE 1) CELL 8(PHASE 1&2) OB 2 CELL 3(PH-1) 3 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) 10 CELL 5N(PH-2) 11 CELL 5N(PH-3) 12 CELL 5S(PH-1) 13 CELL 5S(PH-2) 14 CELL 5S(PH-3) 15-16 CELL 5S(PH-4) 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+ 24 CELL 8(PH-2)CS ONLY+ 25 RECLAMATION PHASE CELL 3(PH-1) CELL 3(PH-2) CELL 3(PH-3) CELL 4(PH-1) CELL 4(PH-2) CELL 4(PH-3) CELL 5N(PH-1) CELL 5N(PH-2) CELL 5N(PH-3) CELL 5S(PH-1) CELL 5S(PH-2) CELL 5S(PH-3) CELL 5S(PH-4) CELL 6(PH-1) CELL 6(PH-2) CELL 6(PH-3) CELL 6(PH-4) CELL 7(PH-1) CELL 7(PH-2) Cell 8(PH-1) Cell 8(PH-2) M 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. (8) 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. 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 5.4.5 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 lanai, 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 5(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-5. 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 lanai 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 far more than 180 days with the Weld County Sandy Site seed mix: Weld County - Sandy Site Mix Bluestem (Champ, Chet)1.00 Ibs pls/acre Sand Lovegrass (Bend, Native, Ne27) 2.50 Ibs pis/acre Indian Ricegrass (Nezpar, Rimrock) 3.00 Ibs pis/acre Prairie Sandreed (Goshen) 0.75 Ibs pis/acre Green Needlegrass (Lodorm)1.50 Ibs pis/acre Little bluestem (Blaze, Cimarron, Camper) 0.75 Ibs pis/acre Yellow Indiangrass (Cheyenne, Holt, Scout) 0.50 Ibs plslacre Switchgrass (Blackwell, Nebraska 28)1.50 Ibs pis/acre Sand Dropseed 0.50 Ibs pis/acre 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 Permit Application Exhibit E - 2 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 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 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 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 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 S. 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 Permit 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 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: 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. H. 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: Section 20- Gravel Mine — MLRB 112 Permit Application Exhibit E - 5 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. ��. 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. 111. 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. Topsolling - 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.govipacificiagconservationinoxious-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 pleasures 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 Permit 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 control 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 Permit Application Exhibit E - 7 EXHIBIT F 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 G 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. (c) 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 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. (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 NOAA 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 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. (f) Affirmatively 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, LLC - 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 19, 2019: Existing Groundwater Conditions The near surface groundwater is part of an alluvial aquifer in which permeable sand and gravel alluvium overlies relatively impermeable bedrock of either the Fox Hills Sandstone 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: ➢ The South 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. ➢ 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 wells south of the site and one well west of the site. If pumping, groundwater will be drawn to these wells. Red Tierra Equities, LLC - Section 20 Mine — MLRB 112 Permit Application Exhibit G - 3 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 5B and the Farmers Independent Ditch which runs southeast of the site. Dewatering of the unlined cells (Cells 1 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. However, if the miner or DRMS receives a complaint, the following mitigation plan will be implemented. 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 1 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 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 monitoring wells 5 or 6 show mounding of more than two (2) feet, and the condition was not observed during baseline monitoring, or if the miner or the Division receives any groundwater impact complaint, 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 wall 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 DRMS. Red Tierra Equities, LLC - Section 20 Mine — MLRB 112 Permit Application Exhibit G - 4 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: ➢ Placing 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 pumps. 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 and MW -5 on the upgradient 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 MW -2 annually during the same quarter as the initial baseline monitoring. The water quality samples will be tested for the analytes listed in Tables 1 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 1 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 testing will be conducted for the life of the mine unless the requirement has been reduced or eliminated through the Technical Revision process with the DRMS. Red Tierra Equities, LLC - Section 20 Mine — MLRB 112 Permit Application Exhibit G - 5 Section 20 Infiltration Pond - Sizing Calculations Hydraulic Conductivity(ft/day): Pond Size(Acres): Hydraulic Gradient(L/L): where, D t = D pond — K= CF size= 80.5 1 5.2 (d h/dz)= Dist + D pang CF size 138.62(K") = 0.05116668 10 depth from the base of infiltration facility to the water table 2 1 depth of water in the pond 80.5 saturated vertical hydaulic conductivity 0.21 correction factor for pond size CF size = 0.73(A pond) ll -°-76 l = 0.21 where, CF size= correction factor for size of the pond A pond = area of the pond bottom in acres Infiltration Rate(f ): Discharge Rate(Q): Massmann et al. (2003) f- K(d h/dz) Darcy's Lave = 4.1189174 ft/day = 4.7673E-05 ft/sec Q= 10.8046736 CF{siltation/biofoulingr 0.6 Corrected Q= 6.48280414 Massmann et al. (2003) Vertical hydraulic conductivity was assumed to be an order of magnatute less than the horizontal hydraulic conductivity used in the MUDFLOW model for the area. 2 Assumes water table drop of 10' due to slurry wall installation. GILCREST AREA ALLUVIAL GROUNDWATER MODEL POTENTIAL IMPACTS OF PROPOSED GRAVEL MINING PREPARED FOR: Red Tierra Equities, LLC. 8301 Prentice Avenue Suite 100 Greenwood Village, CO 80111 PREPARED BY: Civil Resources, LLC 8308 Colorado Blvd Suite 200 Firestone, CO 80504 303.833.1416 DATE PREPARED: AUGUST, 2022 REVISED: DECEMBER, 2022 CIVIL RESPU ROES, LLC ENCINEERS & PLANNLLRS GILCREST AREA ALLUVIAL GROUNDWATER MODEL ACKNOWLEDGMENTS The technical material in this report was prepared by Civil Resources, LLC under the supervision and direction of the undersigned whose seal as a professional engineer is affixed below: OSItt! I tllllloz.), ik\ 0 E e/ _Se 414914 . ' ep tegst `.1' �s t�l !mss i loll .1 Wel Brad Hagen, P.E. 3 � . ,f� .Act.,' tadi ,„t'S'&0iLiAls-@\\II:1/40°'‘ airy. ill II ,risild, Als The following members of Civil Resources, LLC staff contributed to the study and the preparation of this report: Project Manager: Project Geologist: Brad Hagen, P.E. Kyle Regan, P.G. TABLE OF CONTENTS Page 1.0 INTRODUCTION 1 2.0 AREA GEOLOGY 1 3.0 SITE GEOLOGY 1 4.0 EXISTING GROUNDWATER CONDITIONS 2 5.0 GROUNDWATER MODEL 3 5.1 Regional Topography 3 5.2 Bedrock Surface 3 5.3 Hydraulic Conductivity 4 5.4 Specific Yield 4 5.5 Boundary Conditions 4 5.6 Internal Influences 5 6.0 MODEL SIMULATIONS 6 6.1 Existing Conditions 6 6.2 Slurry Wall Installation 7 5.2.1 Monarch Mountain Minerals and Aggregates Site Impacts 8 6.3 Mitigation 9 6.3.1 Mitigation Scenario 1 — Direct Discharge to S. Platte 10 6.3.1.1 Phase 1 10 6.3.1.2 Phase 2 11 6.3.2 Mitigation Scenario 2 — Discharge to Infiltration Pond 12 6.3.2.1 Phase 1 12 6.3.2.2 Phase 2 13 6.3.3 Mitigation With Recharge 12 7.0 CONCLUSIONS 14 8.0 BIBLIOGRAPHY 15 Tables Table 1 Boundary Conditions 5 Table 2 Measured and Modeled Site Groundwater Levels 7 Table 3 Mining Groundwater Level Table {Slurry Walls In -Place} 8 Table 3a Mining Groundwater Level Table with Monarch DENM Site 9 Table 4 Base Model and Modeled Site Groundwater Level After Cell 3 Slurry Wall 10 Table 5 Base Model and Modeled Site Groundwater Level After Cell 3, and 4 Slurry Walls 11 Table 6 Mitigation Scenario 1 Phase 2 — Discharge to S. Platte 12 Table 7 Mitigation Scenario 2 Phase 1— Discharge to Infiltration Pond 13 Table 8 Mitigation Scenario 2 Phase 2 — Discharge to Infiltration Pond 14 Groundwater Model Report — Section 20 Gravel Mine Site - ii - August 2022 Figures Figure 1 Figure 2 Figure 3 Figure 4 Figure 4A Figure 5 Figure 5A Figure 6 Figure 6A Figure 7 Figure 8 Figure 9 Figure 10 Figure 11 Figure 12 Appendices Appendix A Appendix B Appendix C Appendix D Appendix E Regional Bedrock Contours Base Model Conditions Horizontal Hydraulic Conductivity Existing Condition Contours Existing Condition Confours(zoomed to site area) Slurry Wall Full Build Out Condition Contours Slurry Wall Full Build Out Condition Contours(zoomed to site area) Slurry Wall with Drain Condition Contours Slurry Wall with Drain Condition Contours (zoomed to site area) Slurry Wall With Drain and Recharge (zoomed to site area) and Details Cell 3 Slurry Wall Condition Contours Cell 3, 4 and Monarch DENM Cell Slurry Wall Condition Contours Cell 3, 4, 5N and Monarch DENM Cell 1 Slurry Wall Condition Contours Mitigation Scenario 2 Phase 7 Mitigation with Infiltration Pond Condition Contours Mitigation Scenario 2 Phase 2 Mitigation with Infiltration Pond Condition Contours Monthly Water Readings and Diversion Graphs Excerpts from Bishop-Brogden Associates, "Dewatering Improvements Study" 2016 Excerpts from Principia, "Gilcrest Groundwater Flow Model" 2019 Excerpts from Colorado State University, "Study of the South Platte River Alluvial Aquifer" 2013 Groundwater Level Monitoring and Mitigation Plan Groundwater Model Report — Section 20 Gravel Mine Site - ii - August 2022 1.0 INTRODUCTION The Section 20 Gravel Mine (Site) is located on Colorado State Highway 60 to the west, Weld County Road 44 to the north, Weld County Road 29 to the east and Weld County Road 42 to the south. More specifically, the Site is comprised of the majority of Section 20, Township 4 North, Range 66 West of the 6'h Principal Meridian. The Site is planned to be a construction aggregate material mine to accommodate growth in the area. The current mine plan calls for eight (8) soil bentonite slurry walled cells that will encompass most of the Site excluding approximately 20 acres in the northwest corner of the Site which will wet mined and backfilled with wash fines and waste material. Currently, overburden is being mined in the future Cell 8 under an approved Division of Reclamation Mining and Safety (DRMS) 111 Special Operations Permit. No groundwater is planned to be exposed during this operation. A groundwater model was prepared for Red Tierra Equities, LLC's Section 20 Gravel Mine Site (Site) to investigate the impacts of the final construction of slurry walls at the Site on the surrounding alluvial aquifer. This report details the model inputs and construction, the findings of the model and recommendations to mitigate alluvial aquifer impacts. 2.0 AREA GEOLOGY The Site is located approximately 25 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 (Colton, 1978) indicates the near surface bedrock at the Site is most likely the Laramie Formation. Colton (1978) describes the Laramie Formation as mostly claystone, shale, sandy shale, and lenticular sandstone (refer Figure 1). The regional mapping indicates the bedrock is overlain by the Broadway Alluvium. Colton (1978) describes these alluvial deposits as sand and gravel deposited by the South Platte River and its tributaries. In addition to the sonic borings drilled by Cascade, Civil Resources analyzed and mapped bedrock from 177 well logs from the Division of Water Resources. As shown on Figure 2, bedrock in the area generally slopes to the northeast following the route of the South Platte River. Approximately one and a half (1.5) miles southeast of the South Platte River the bedrock drops in elevation dramatically from an elevation of 4696 feet in the northwest corner of Section 20 to an elevation of 4664 feet around the Town of Gilcrest. On the southeastern side of Highway 85 the bedrock rises to an elevation of 4719 feet on the southeast side of Highway 85. 3.0 SITE GEOLOGY A total of 23 borings were drilled to bedrock at the Section 20 Site. Depth to bedrock ranged 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 consisted 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. The claystone had a high plasticity and minimal fracturing. The bedrock unit was not sampled. Depth to bedrock is mapped out in Figure 1. The alluvial aquifer 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. Groundwater Model Report — Section 20 Gravel Mine Site 1 August 2022 4.0 EXISTING GROUNDWATER CONDITIONS Groundwater was measured in seven (7) piezometers, and typically 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 direction 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. Depth to groundwater is shallower, as little as 5 feet, underlying the Town of Gilcrest likely due to the deep bedrock and low topography relative to the surrounding area. Locally the groundwater levels and flow directions are influenced by: ➢ The South Platte River is northwest of the Site. For most of the year, the river likely acts as a drainage way, or gaining river reach, 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. North of weld County Road 36, the ditch joins with a wetland drain which likely provides water year-round. During the irrigation season, the ditch diverts water from the South Platte River as well raising the water level of the ditch. ➢ The Farmers Independent Ditch traverses the southeast corner of the Site and bisects Cell 5a and 5b. The ditch flows most of the year based on diversion records for the ditch headgate located southwest of Platteville. ➢ The Evans #2 Ditch passes southeast of the Town of Gilcrest on the eastern side of Highway 85. The ditch did not have discharge during the months of November and December but did have flow during the remainder of the year. ➢ The Platte Valley Ditch branches off from the Evans #2 Ditch south of the Town of Gilcrest. The Platte Valley Ditch does not have a stream gage, so it was assumed that it was flowing at the same time as the Evans #2 Ditch. ➢ 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. ➢ There are two unnamed sloughs approximately % a mile to the west and another a % mile to the north of the Site respectively. These sloughs receive groundwater flowing out from the higher terrace and act as drains moving water to the river. ➢ There are multiple recharge ponds it the area of interest which provide groundwater recharge (refer Figure 2). ➢ Irrigation: The Site is located in an area of irrigated cropland. Applied irrigation that is not lost to evaporation and transpiration recharges the groundwater. Groundwater Model Report — Section 20 Gravel Mine Site 2 August 2022 ➢ 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 wells south of the Site and one well west of the Site. If pumping, groundwater will be drawn to these wells. 5.0 GROUNDWATER MODEL The MODFLOW program utilizes afinite-difference mathematical model to simulate groundwater flow developed by the United States Geological Survey (USGS). Groundwater Modeling System (GMS V 10.4.10) provided the graphical user interface for entering and reviewing the MODLFOW data. The model has a total area of approximately 42 square miles, extending from the South Platte River to the west, the Town of Platteville to the south, the Evans #2 Ditch to the east and the Town of La Salle to the north (refer to Figure 1). The grid size is 200 feet by 200 feet squares. The following boundary conditions were applied to the model as presented in Figure 2: ➢ South Platte River to the northwest (River Package within MODFLOW); ➢ A constant head boundary to the south; ➢ A no flow boundary to the east to simulate the rise in bedrock east of Highway 85; ➢ A constant head boundary to the north; ➢ Claystone bedrock — acting as an aquitard forming the bottom of the aquifer. The shallow alluvial aquifer was modeled as a single aquifer (sand and small gravel), with zoned hydraulic conductivities based on historical well pumping tests, underlain by impervious claystone bedrock. The model parameters and boundary conditions, such as Site topography, bedrock elevations, and hydraulic conductivities are further discussed in the following sections. 5.1 Regional Topography Surface topography was obtained from USGS digital quadrangle (the Milliken 7.5 minute quadrangle). The digital map was converted into a Civil 3d surface and imported to GMS and interpolated to the top elevations of the aquifer layer. 5.2 Bedrock Surface The bedrock surface for the Site was obtained from borings completed by Civil Resources at the Site as well as 177 wells logs retrieved from the Colorado Division of Water Resources webSite. These points were entered into Civil 3d to create a surface and smoothed using natural neighbor interpolation with a 20 -foot by 20 -foot interval. Bedrock is exposed to the west of the South Platte River, indicating that the alluvial aquifer pinches out to the west. A feature line was used to map out the bedrock outcrop to bring the bedrock surface to meet the ground surface west of the river. Corrections were made to this surface to lower the bedrock in areas in order to maintain usable cells along the river corridor and bedrock is likely shallower than the model input in this region. 5.3 Hydraulic Conductivity Hydraulic conductivity is a measure of the soils ability to transmit water within the aquifer. Some factors affecting hydraulic conductivity are: pore size distribution, grain size distribution, void ratio, roughness of mineral particles, and Groundwater Model Report — Section 20 Gravel Mine Site 3 August 2022 degree of soil saturation (Das, 1998). The alluvium, underlying the region, is generally a clean to silty sand and gravel, as described above with an approximate depth of 50 to 95 feet in the upper terrace and shallower than 10 feet along the South Platte River floodplain. Aquifer properties used in a previous study of the area performed by Bishop-Brogden Associates, Inc.(BBA) for the Town of Gilcrest were incorporated as this report utilized two long-term aquifer pumping tests in the vicinity of Gilcrest: the B4-66-11 adc well 3 miles north of Gilcrest and the Lorenz Well approximately IA mile to the east of Gilcrest. ➢ The B4-66-011adc well approximately 3 miles north of Gilcrest is the nearest controlled long-term aquifer pumping and showed a hydraulic conductivity of 1,270 ft/day. ➢ BBA performed an analysis of water level data from observation wells located near the Lorenz Well approximately % mile to the east of Gilcrest. Their analysis indicated a hydraulic conductivity of approximately 150 ft/day. The hydraulic conductivity was set at the lower end of the ranges provided by BBA and were increased until the model heads converged. The model is sensitive to horizontal hydraulic conductivity and operates without errors in a narrow range of values at the high end of the ranges provided by BBA. Horizontal hydraulic conductivity for the calibrated model range from a low of 65 ft/day for the hills to the east and a high of 805 ft/day underlying the Site. An area of high horizontal hydraulic conductivity. A map with the horizontal hydraulic conductivity values utilized in the model is shown on Figure 3. 5.4 Specific Yield Specific yield for the aquifer was set at 20% which corresponds to the value determined by BBA and in support of numerous water court decrees. 5.5 Boundary Conditions Boundary conditions were set based on geologic features on the east and west sides of the model. The constant head boundaries on the south and north sides were varied to match observed groundwater data sets. ➢ Boundary conditions in a groundwater model are one tool used to approximate existing conditions at the outer extent of the model. The boundary conditions are set sufficiently far away from the area of interest to allow the aquifer to respond to local stresses and are based on hydraulic, hydrogeologic, hydrologic, geological and geographical assumptions. ➢ The model extends 3.3 miles southwest where constant head nodes were placed approximately 14 feet below the ground surface to represent existing groundwater levels taken in the area. ➢ Another constant head boundary was place approximately 3.7 miles northeast Site and constant head nodes were placed on the southeastern flank at water surface elevations approximately ten feet below the ground. ➢ To the southeast of the model surface topography and bedrock slope up in elevation creating a natural barrier to flow. The eastern limit of the alluvial aquifer was confirmed by researching the states database of permitted wells in the area and mapping where the permitted aquifer switches from the alluvial aquifer to a deep confined aquifer. The approximate location of the shallow and deep aquifer divide is approximately % mile east the location of the Platte Valley Ditch. ➢ The South Platte River forms a natural hydrologic boundary to the west of the model. Model inputs for the MODFLOW river package are bottom elevation, head -stage and conductivity. The bed elevation was estimated using the USGS topographic quadrangle and Google Earth top of bed elevation and subtracting 6 feet to Groundwater Model Report — Section 20 Gravel Mine Site 4 August 2022 account for riverbed depth. Head -stage was taken from the South Platte River at Platteville, CO (PLAPLACO) monitoring station which was approximately 4' during the period of interest. See Appendix A for the PLAPLACO station discharge graph. ➢ River conductance is a model parameter in the river package which simulates the riverbed's ability to transfer water to the neighboring cell. The river conductance parameter is calculated by taking vertical hydraulic conductivity divided by bed thickness multiplied by river width. This value is then multiplied by GMS for the length of the river arc to which it is applied. Since the riverbed hydraulic conductivity is unknown for this reach of the South Platte River, it was necessary to calibrate this parameter to groundwater conditions at the Site. An initial conductance of 36 ft/day was determined from well test reports that occurred upstream of the Site north of Fort Lupton. Since the South Platte River acts as a drain throughout the reach, conductance values less than 150 ft/day caused unrealistic head values and flooded cells. Values higher than 160 ft/day cause head values to drop and dry cells through the area. The river conductance was modeled to increase from 150 ft/day where the river enters the model to 160 ft/day where the river exits the model. The rise in conductance was implemented to account for an increase in river width after the addition of the Saint Vrain River and groundwater inflows. A summary of the boundary conditions is presented in Table 6 below. Table 1 Boundary Conditions Area Boundary Notes North Model northeast extends 3.7 miles to the See Figure 1 West South approximately Site Platte River 4,000 located feet west of River side of Figure bounds the 1 the model, western see South Model southwest extends 3.3 miles to the Constant Figure 1 head nodes, see East Steeper change Slopes from shallow to a ridge, wells to deep See Figure 1 g The model boundary conditions are shown on Figure 2 5.6 Internal Influences Surface features and activities that affect the alluvial groundwater include: ➢ Ditches — There are four (4) ditches that traverse the interior of the model. These ditches were modeled in GMS as river nodes. As discussed in the South Platte River boundary condition above, the model inputs for the MODFLOW river package are: bottom elevation, head -stage, and conductance. The bed thickness for the ditches were all assumed to be 2 feet thick and to have a relatively low vertical hydraulic conductivity to limit seepage and were used as a calibration tool to match local groundwater elevations. Head stage was estimated from the FRMDITCO, wESDITCO, EVANS2CO river diversion monitoring stations(See Appendix A). The HB12-1278 Study of the South Platte River Alluvial Aquifer, performed by Colorado State University, states that calculated ditch seepage in the ranges from 10 to 50 percent, averaging at 23 percent. In the area of interest, ditch width ranges from approximately 10 feet wide to 30 feet wide. Assuming the 2 -foot bed thickness and starting with 10 percent seepage, ditch conductance was set at 0.5 ft/day and was raised incrementally until known groundwater head elevations and gradient were Groundwater Model Report — Section 20 Gravel Mine Site 5 August 2022 reached. It was assumed that seepage from the ditches reduced over distance as water was consumed. See Figure 1 for inputted parameters. The Western Mutual Ditch was the main factor in determining head values at the Section 20 Site and small changes in head elevation and conductance were used to calibrate the river input to reach observed head measurements throughout the Site. ➢ Drains — A series of drains were set at the base of three sloughs along the South Platte River. These drains were necessary to pull head elevations down to the slough elevation and not flood out the cells in the floodway. The drain inputs are bottom elevation and conductance. The bottom elevation was estimated from the USGS Quadrangle Map and were assumed to be at least 2 feet deep. The conductance input was set high enough to account for all water that was above the drain bottom to model the slough action of removing groundwater and setting groundwater head levels at the base of the terrace. ➢ Recharge — A number of upgradient recharge Sites were listed in the BBA report and were added to this model. The recharge values and location are located on Figure 2. It was assumed that pivot and flood irrigation contributed 0.001 feet per day to the groundwater table over the whole model area during irrigation season. 6.0 MODEL SIMULATIONS 6.1 Existing Conditions Steady-state modeling of average baseline conditions of April through July were used to calibrate the system equilibrium to the measured water levels. Monthly water level readings and other reported data can be seen in Appendix A. The aquifer was modeled as consisting of alluvium from the existing ground surface to the top of bedrock. Civil Resources evaluated the claystone bedrock as an aquiclude, thereby forming the bottom of the model. The observed water levels used to calibrate the steady-state model are shown on Figure 1. Calibration is the process of refining input parameters and boundary conditions, within reason, so the model reflects observed water levels. Parameters including: 1) hydraulic conductivity, 2) river conductance, 3) river head, 4) river bottom elevations, and 5) drain conductance were adjusted during calibration. The groundwater levels to the northeast were estimated from the level of the Lower Latham Reservoir. Groundwater levels to the southwest were estimated from monitoring wells in the area. The South Platte River, ditches and drain bottom elevations were estimated utilizing the USGS Quadrangle map and water surface elevations were estimated using stream gage head information from the DWR website(See Appendix A). Figure 5 shows the modeled groundwater contours and Figure 5A shows the modeled groundwater contours zoomed in on the Site and the Town. Table 2 below reports the steady-state modeled water levels and the measured water levels at the Site. Overall, the model matched the existing groundwater gradient to a good degree of accuracy and 6 out of the 7 Site monitoring wells were within 0.5 feet of observed. MW -1 was 2' above the observed head elevation. ➢ MW -1 was drilled approximately 50 feet from a residence at the property and a search of well permits on the DWR Site shows that there are multiple wells, 3 owned by Red Tierra Equities LLC., are located within a 400 foot radius of the monitoring well. There is also a domestic well approximately 500 from MW -1 across Highway 60. These wells may locally influence the groundwater resulting in lower water levels observed in MW -1 than modeled, especially given that the gradient matches across the rest of the Site. Groundwater Model Report — Section 20 Gravel Mine Site 6 August 2022 Groundwater levels for monitoring wells in the Town of Gilcrest were also utilized in calibration of the model. The BBA report contained well readings from multiple wells in the Town of Gilcrest measured in 2014. It was assumed that these readings were similar to current head elevations and four (4) monitoring wells were included to get a representative sample of the Town. Of the four(4) wells chosen, three (3) of them were within 0.5 feet of observed. BBA-EC, northeast of town on the eastern side of Highway 85 was 1.5 feet lower than the observed elevation head. The monitoring wells included in the BBA report were recorded in 1 foot intervals, which could account for the 1.5 feet difference. Table 2 below has the comparison between the measured and modeled groundwater levels at the Site. The head contours for the baseline condition are shown on Figure 4. Table 2 Measured and Modeled Site Groundwater Levels Well Observed Modeled Difference Cell ;IJK; MW -1 4,725.40 4727.1 1.70 146,111,1 MW -2 4,718.17 4717.9 -0.27 136,119,1 MW -3 4,725.07 4724.9 -0.17 142,136,1 MW -4 4,732.07 4732.5 0.43 153,136,1 MW -5 4,736.43 4736.7 0.27 162,133,1 MW -6 4,738.43 4737.7 -0.73 162,115,1 MW -7 4,728.92 4728.9 -0.02 148,122,1 BBA-MW4 4741 4740.3 -0.70 148,122,1 BBA-MW11 4737 4736.9 -0.10 148,122,1 BBA-MW17 4735 4734.4 -0.60 166,164,1 BBA-MW18 4738 4737.25 -0.75 148,122,1 DROU-MW-01 4741.5 4743.4 1.90 177,86,1 DROU-MW-02 4743 4744 1.00 176,94,1 DROU-MW-03 4747.1 4747.3 0.20 182,93,1 DROU-MW-04 4749.1 4750 0.90 187,93,1 DROU-MW-05 4746.6 4746.8 0.20 183,84,1 6.2 Slurry Wall Installation Simulation The Site is planned for a sequence of soil bentonite slurry wall lined cells encompassing the majority of the Site. The only area not planned to be slurry wall lined is the siltation pond in the northwest corner of the Site and a potential recharge pond north of Cell 7. The slurry walls will be constructed in stages starting in the northeast and progressing south then west (see attached Mine Plan for phasing). In order to model for the worst -case scenario, the model includes a simulated slurry wall around the whole section, minus the Siltation Pond area. To make the Site a no flow area, the horizontal hydraulic conductivity of the Site was set to zero (0) feet/day. The area where the Western Mutual Ditch runs through the Site remained at the 805 feet/day horizontal hydraulic conductivity. The mounding and shadowing for the surrounding properties and wells is described in Table 3 below: Groundwater Model Report — Section 20 Gravel Mine Site 7 August 2022 Table 3 Mining Groundwater Level Table (Slurry Walls In -Place) Location Basement (y/n) Baseline After Construction Slurry Wall Difference Rise (FT or Fall; Groundwater Below Surface Depth Surface Elevation ;Google Earth) Cell ;IJK; Patridge House n 4736.3 4743.2 6.9 20.8 4764 161,135,1 Cline House n 4736.8 4745.1 8.3 20.9 4766 162,132,1 Harding House y 4736.6 4746.0 9.3 19.1 4765 161,129,1 Wiedeman 13434 House n 4738.2 4747.3 9.1 20.7 4768 163,121,1 Wiedman House 13218 n 4738.5 4747.0 8.5 15.0 4762 163,115,1 Sharp House y 4738.4 4745.7 7.3 14.4 4760 163,111,1 HS Land and Cattle n 4732.6 4736.1 3.5 18.9 4755 155,107,1 Karbowski Brave House n 4725.5 4724.5 -1.0 27.5 4752 145,108,1 Schmidt Well NA 4714.4 4709.6 -4.8 23.4 4733 132,112,1 United Well NA 4712.0 4706.7 -5.3 41.3 4748 132,126,1 Owens Well NA 4714.2 4711.2 -3.0 34.8 4746 132,133,1 Wright House y 4717.4 4712.2 -5.2 39.8 4752 135,132,1 Schmidt House n 4718.4 4717.0 -1.4 31.0 4748 135,135,1 Smit House y 4718.8 4718.4 -0.4 29.6 4748 135,136,1 Kissler House y 4729.5 4733.3 3.8 21.7 4755 148,137,1 Woolverton House y 4730.8 4734.9 4.1 27.1 4762 150,136,1 Shimon House y 4733.0 4737.9 4.9 21.1 4759 154,136,1 Kern House y 4733.8 4739.0 5.1 21.1 4760 156,137,1 Rainbolt House y 4735.9 4742.2 6.3 22.8 4765 161,137,1 Gilcrest Valley HS NA 4737.0 4740.7 3.7 5.3 4746 170,155,1 As noted in the table above, groundwater elevation impacts from the installation of the slurry walls will be highly spatially variable. The southeast corner of the Site is expected to see the most amount of mounding, up to 9.4 feet above baseline levels. However, the groundwater table in this area is very deep (from 27 to 30 feet deep), so flooding is not expected to be an issue. Mounding decreases on the upgradient side from east to west, with the Sharp house on the southwest corner of the Site potentially seeing 7.3 feet of mounding. Elevation from Google Earth for the Sharp property is approximately 4760 feet which would put the potential groundwater rise at fourteen (14.4) feet below the surface. Potential shadow effects from the slurry wall are present north of the Site (downgradient). There are three (3) wells on the north side of the Site which will be in the groundwater shadow and changes in depth to groundwater vary from three (2) feet lower to five (5) feet lower for the United well. The shadow effect is likely mitigated by the proximity of the slough to the north of the Site and the infiltration ponds to the northeast of the Site. The modest shadow effect should have limited effect on the productivity local alluvial wells. The Town of Gilcrest is located between the Site and a rise in the bedrock elevation to the east which acts as a no flow boundary. It is anticipated that slurry wall construction will restrict flow to the west of Town causing elevated groundwater levels in Town as noted for "Gilcrest Valley HS" in the table above. 6.2.1 Monarch Mountain Minerals and Aggregates Site Impacts In addition to the Section 20 Gravel Mine, the Monarch Mountain Minerals and Aggregates (MMMA) Monarch DENM Gravel Mine is permitted by the DRMS on the west side of Highway 60. This site is comprised of four (4) slurry wall lined cells and three (3) unlined cells along Highway 60. To simulate the four (4) lined cells, the horizontal hydraulic conductivity in these areas was set to zero (0). To simulate the end stage of the mine it was anticipated that the Groundwater Model Report — Section 20 Gravel Mine Site 8 August 2022 Freshwater and Siltation ponds would be filled in with overburden at the site which would lower their horizontal hydraulic conductivity to be similar to the Eolian deposits in the area. The horizontal hydraulic conductivity in these areas was set to 65 feet per day. The additional impacts from adding this site to the model are presented in Table 3a below and a layout of the site is shown on Figure 5 and 5A. Table 3a Mining Groundwater Level Table With Monarch DENM Site (Slurry Walls In -Place) Location Basement ;y/n; Baseline After Construction Slurry Wall Difference Rise (FT or Fall) Groundwater Below Surface Depth Surface Elevation ;Google Earth; Cell ;IJK) Patridge House n 4736.3 4745.5 9.2 18.5 4764 161,135,1 Cline House n 4736.8 4747.7 10.9 18.3 4766 162,132,1 Harding House y 4736.6 4748.8 12.2 16.2 4765 161,129,1 13434 Wiedeman House n 4738.2 4750.8 12.6 17.2 4768 163,121,1 Wiedman House 13218 n 4738.5 4751.2 12.7 10.8 4762 163,115,1 Sharp House y 4738.4 4750.9 12.5 9.1 4760 163,111,1 HS Land and Cattle n 4732.6 4744.7 12.1 10.3 4755 155,107,1 Karbowski Brave House n 4725.5 4731.5 6.0 20.5 4752 145,108,1 Schmidt Well NA 4714.4 4710.4 -4.0 22.6 4733 132,112,1 United Well NA 4712.0 4707.0 -5.0 41.0 4748 132,126,1 Owens Well NA 4714.2 4711.7 -2.5 34.3 4746 132,133,1 Wright House y 4717.4 4712.8 -4.6 39.2 4752 135,132,1 Schmidt House n 4718.4 4717.7 -0.7 30.3 4748 135,135,1 Smit House y 4718.8 4719.2 0.4 28.8 4748 135,136,1 Kissler House y 4729.5 4734.8 5.3 20.2 4755 148,137,1 Woolverton House y 4730.8 4736.5 5.7 25.5 4762 150,136,1 Shimon House y 4733.0 4739.7 6.7 19.3 4759 154,136,1 Kern House y 4733.8 4740.9 7.1 19.1 4760 156,137,1 Rainbolt House y 4735.9 4744.4 8.5 20.6 4765 161,137,1 Gilcrest Valley HS NA 4737.0 4742.5 5.5 3.5 4746 170,155,1 The addition of the full build out of the Monarch DENM Site increases mounding on the southern side of the Section 20 Site by limiting groundwater flow to the west. Slurry Walls along Highway 60 and the addition of the Monarch DENM Siltation and Freshwater ponds creates a groundwater corridor along Highway 60 north to the South Platte River, which causes the groundwater at the HS Land and Cattle building to rise approximately twelve (12) feet from baseline conditions. 6.3 Mitigation This section describes potential mitigation actions to decrease the mounding affect of slurry wall construction on the surrounding properties and the Town. The Monarch DENM Gravel Mine timeline submitted to the DRMS was utilized in conjunction with the Section 20 expected timeline to determine the phasing of mitigation construction. These timelines are approximate and are subject to change which may necessitate early construction of mitigation structures depending on measured groundwater conditions at the Site. The groundwater table to the south of the Site and underlying the Town of Gilcrest is anticipated to rise as a result of the full buildout of the slurry walls at the Site and the Monarch DENM Site. Mitigation for mounding is warranted at the southern end of the Site. The mounding is expected to be greatest towards the southwest corner of the Site and decreases to the east at full buildout. Mounding of more than two (2) feet at the south site perimeter, monitoring wells Groundwater Model Report — Section 20 Gravel Mine Site - 9 - August 2022 MW -5 and MW -6, coincides with an approximate one (1) foot rise in town. To mitigate against possible groundwater elevation rise in town, a two (2) foot cut off was used to implement mitigation at the southern site boundary. The shadow affect to the north will likely be minimized by the proximity to the unnamed slough and the infiltration ponds to the northeast of the Site. During mining at the Site, an unlined siltation pond will be present in the northwest corner of the Site which will also mitigate some of the shadow affect. Mitigation for the shadow affect is not anticipated to be necessary since the saturated thickness of the alluvial deposit is eighteen (18) to twenty (20) feet a full buildout of both sites. Even though mitigation is not anticipated to be necessary for the shadow affect to the north, it is recommended that an infiltration pond be installed north of Cell 7 to receive the rerouted groundwater from the south of the site. This will enable all the mitigation infrastructure to be constructed within the Division of Reclamation, Mining, and Safety's Affected Area Boundary. Two (2) mitigation scenarios were modeled to provide optionality for the method of return of the groundwater to the hydrologic system; either directly to the river or through infiltration. Each scenario was modelled in two (2) phases coinciding with the construction schedule of the Site and the Monarch DENM slurry walls. The first phase is an underdrain or series of dewatering wells along the eastern half of the site parallel to Weld County Road 42. The second phase is the construction of an underdrain between Cell 6 and the Western Mutual Ditch west of where the ditch crosses on to the property to approximately 200 feet east of Highway 60. 6.3.1 Mitigation Scenario 1- Direct Discharge to the South Platte This mitigation scenario utilized the Well and Drain Package to remove water from the model. Water is not returned to the model to simulate surface discharge or direct discharge to the South Platte. This option would require an Amendment to the DRMS Reclamation Permit Application or Permit to add the underdrain discharge pipe to the Affected Area. The exact route for the offsite underdrain discharge pipe for this Scenario is not discussed in this report. 6.3.1.1 Phase 1 Mounding at the southern end of the Site boundary and in Town is not expected to rise more than two (2) feet before the construction of the Cell 4 slurry wall so mitigation is not warranted until the Cell 4 slurry wall is constructed or Site monitoring observes a higher than anticipated groundwater elevation at the southern monitoring wells(MW-5 and MW -6). See Table 4 below and Figures 8 and 9. Table 4 Base Model and Modeled Site Groundwater Level After Cell 3 Slurry Wall Well Base Modeled Slurry Wall Cell 3, 4 and 5N Difference Cell (IJK) MW -1 4,726.9 4,726.4 -0.5 146,111,1 MW -2 4,717.8 4,716.0 -1.8 136,119,1 MW -3 4,725.0 4,725.8 0.8 142,136,1 MW -4 4,732.5 4,734.1 1.6 153,136,1 MW -5 4,736.7 4,736.8 0.1 162,133,1 MW -6 4,738.4 4,737.2 -1.2 162,115,1 MW -7 4,729.1 4,728.2 -0.9 148,122,1 BBA-MW4 4,741.3 4,740.9 -0.4 148,122,2 BBA-MW11 4,737.1 4,737.5 0.4 148,122,3 BBA-MW18 4,738.6 4,738.9 0.3 148,122,4 BBA-EC 4,732.5 4,732.9 0.4 148,122,5 A series of wells were modelled at the southeastern corner of the site after the addition of the Cell 4 slurry wall and the Monarch DENM Cell 1 slurry wall. These wells were set to pump 225 cubic feet per second(CFS) and removed the Groundwater Model Report — Section 20 Gravel Mine Site - 10 - August 2022 groundwater from the model simulating return flow back to the river. Table 5 below shows the groundwater head elevations at the monitoring well locations for this model iteration. Table 5 Base Model and Modeled Site Groundwater Level After Cell 3, 4 SW with Dewatering Wells Well Base Modeled Cell 3 and 4 Difference Cell (IJK; MW -1 4,727.1 4,727.5 0.4 146,111,1 MW -2 4, 717.9 4,716.8 -1.1 136,119,1 MW -3 4, 724.9 4,726.0 1.1 142,136,1 MW -4 4, 732.5 4,733.6 1.1 153,136,1 MW -5 4, 736.7 4,736.0 -0.7 162,133,1 MW -6 4, 737.7 4,738.2 0.5 162,115,1 MW -7 4,728.9 4,730.7 1.8 148,122,1 BBA-MW4 4,740.3 4,740.5 0.2 148,122,1 BBA-MW11 4,736.9 4,737.0 0.1 148,122,1 BBA-MW 17 4,734.4 4,734.5 0.1 166,164,1 BBA-MW18 4,737.3 4,737.4 0.1 148,122,1 The quantity of water required to be pumped or gravity drained away from the southeastern corner increases as more slurry walls are constructed. After Cell 5N is constructed, the modeled pumping rate was increased to 2.5 CFS spread over three (3) wells to maintain pre -slurry wall groundwater elevations south of the Site (see Figure 10). The modeled pumping rate was further increased to 3.25 CFS with the addition of Cell 5S. 6.3.1.2 Phase 2 The mitigation in Phase 2 was modeled to be completed concurrently with Cell 6. This included an addition of an underdrain in the southwest corner of the site between the Western Mutual Ditch and the Cell 6 slurry wall. The pipe invert elevation for the underdrain was set at 4,735 feet in the east and 4,733 feet in the west. This section of pipe was modeled to remove water from the model to simulate piped gravity flow to the river. The modeled quantity of water that was removed by the drain was approximately 3.3 CFS (287,344 cubic feet per day) at full buildout of both sites. An underdrain was included at the Monarch DENM site between the Cell 3 Slurry Wall and Weld County Road 42 to account for MMMA's contribution to mounding in the area. The pipe invert elevations were set at 4,733 feet in the east and 4,732.9 feet in the west and removed approximately three (3) CFS from the model. Table 6 depicts the groundwater levels for the surrounding properties at the full buildout of the site and the site layout and phasing is shown on Figure 6 and 6A. Groundwater Model Report — Section 20 Gravel Mine Site - 11 - August 2022 Table 6 Mitigation Scenario 1 Phase 2 — Discharge to S. Platte Location Baseline Full Buildout Mitigation (All and SW) Difference From Baseline Conditions Patridge House 4736.3 4736.0 -0.33 Cline House 4736.8 4737.3 0.50 Harding House 4736.6 4737.8 1.25 Wiedeman House 13434 4738.2 4739.6 1.40 Wiedman House 13218 4738.5 4738.1 -0.40 Sharp House 4738.4 4738.0 -0.44 HS Land and Cattle 4732.6 4732.1 -0.50 Karbowski Brave House 4725.5 4722.9 -2.55 Schmidt Well 4714.4 4708.9 -5.54 United Well 4712.0 4706.3 -5.69 Owens Well 4714.2 4710.2 -4.00 Wright House 4717.4 4711.1 -6.30 Schmidt House 4718.4 4715.3 -3.10 Smit House 4718.8 4716.5 -2.30 Kissler House 4729.5 4729.4 -0.10 Woolverton House 4730.8 4730.7 -0.10 Shimon House 4733.0 4733.1 0.10 Kern House 4733.8 4733.9 0.10 Rainbolt House 4735.9 4736.0 0.08 Gilcrest Valley HS 4737.0 4736.6 -0.37 6.3.2 Mitigation Scenario 2 - Discharge to Infiltration Pond Scenario 2 is similar to Scenario 1 in that it uses the Drain and Well Packages to remove water from the model. Scenario 2 then utilizes the Recharge Package to add the approximate amount of water removed back to the model in the cells north of Cell 7 to simulate an infiltration pond in that location. Discharging to an infiltration pond located onsite is the recommended scenario because it will allow all infrastructure to be constructed inside of the DRMS Affected Area boundary and has the added benefit of mitigating the drop of groundwater head elevations to the north of the site as a result of slurry wall obstruction. 6.3.2.1 Phase 1 In addition to the underdrain or dewatering wells discussed in Section 6.3.1.1, the infiltration pond will be constructed prior to the Cell 4 slurry wall and the underdrain or dewatering wells. Water is removed from the system by the dewatering wells or underdrain and piped to a manhole located towards the southern end of the site west of the western Mutual Ditch. Water is then piped north through the middle of the site to the infiltration pond. The infiltration pond is expected to be five (5) acres in size, approximately twenty-five (25) feet in depth north of Cell 7, and completed in native aggregate. The recharge rate for the pond area was set to 0.705 feet per day which resulted in 281,044 cubic feet per day of recharge or 3.25 cubic feet per second, which corresponds to the amount of water removed by the well Package. Figure 11 depicts the site layout for this phase and the head contours. Table 7 shows the groundwater head elevation for the wells to the north of the site: Groundwater Model Report — Section 20 Gravel Mine Site - 12 - August 2022 Table 7 Mitigation Scenario 2 Phase 1— Discharge to Infiltration Pond Location Basement ;y/n) Baseline Phase 1 Recharge with Difference (FT Rise or Fall) Groundwater Depth Below Surface Surface Elevation :Google Earth; Cell ;IJK) Patridge House n 4736.3 4736.0 -0.3 28.0 4764 161,135,1 Cline House n 4736.8 4737.3 0.5 28.7 4766 162,132,1 Harding House y 4736.6 4737.8 1.2 27.2 4765 161,129,1 13434 Wiedeman House n 4738.2 4739.3 1.1 28.7 4768 163,121,1 Wiedman House 13218 n 4738.5 4737.8 -0.7 24.2 4762 163,115,1 Sharpe House y 4738.4 4738.0 -0.4 22.0 4760 163,111,1 HS Land and Cattle n 4732.6 4732.9 0.3 22.1 4755 155,107,1 Karbowski House Brave n 4725.5 4724.9 -0.6 27.1 4752 145,108,1 Schmidt Well NA 4714.4 4713.4 -1.0 19.6 4733 132,112,1 United Well NA 4712.0 4714.0 2.0 34.0 4748 132,126,1 Owens Well NA 4714.2 4712.3 -1.9 33.7 4746 132,133,1 Wright House y 4717.4 4714.2 -3.2 37.8 4752 135,132,1 Schmidt House n 4718.4 4716.6 -1.8 31.4 4748 135,135,1 Smit House y 4718.8 4717.5 -1.3 30.5 4748 135,136,1 Kissler House y 4729.5 4729.6 0.1 25.4 4755 148,137,1 Woolverton House y 4730.8 4730.9 0.1 31.1 4762 150,136,1 Shimon House y 4733.0 4733.3 0.3 25.8 4759 154,136,1 Kern House y 4733.8 4734.0 0.2 26.0 4760 156,137,1 Rainbolt House y 4735.9 4736.0 0.1 29.0 4765 161,137,1 Gilcrest Valley HS NA 4737.0 4736.7 -0.3 9.3 4746 170,155,1 6.3.2.2 Phase 2 The mitigation in Phase 2 was modeled to be completed concurrently with Cell 6. Like Scenario 1, a twenty-four 24 inch slotted underdrain was placed south of Cell 6. The underdrain, instead of flowing west, will flow east towards the manhole west of the Western Mutual Ditch were it will join the flow from the eastern underdrain or dewatering wells. To enable water to flow east the inverts of the underdrain were changed to 4,733.5' in the west and 4,733.0' in the east, where it flows into the manhole and is combined with the flow from the east. This adds approximately 3.3 cubic feet per second, 2$7,344 cubic feet per day. The recharge rate for the infiltration pond was set to 1.43 feet per day which added 570,062 cubic feet per day or 6.6 cubic feet per second into the water table and had the following effects on the wells north of the site: Groundwater Model Report — Section 20 Gravel Mine Site - 13 - August 2022 Table 8 Mitigation Scenario 2 Phase 2 — Discharge to Infiltration Pond Location Basement ;yin; Baseline Phase Recharge Infiltration 2 with to Pond Difference Rise (FT or Fall; Groundwater Depth Below Surface Surface Elevation (Google Earth; Cell ;IJK) Patridge House n 4736.3 4736.0 -0.3 28.0 4764 161,135,1 Cline House n 4736.8 4737.3 0.5 28.7 4766 162,132,1 Harding House y 4736.6 4737.8 1.2 27.2 4765 161,129,1 Wiedeman 13434 House n 4738.2 4739.3 1.1 28.7 4768 163,121,1 Wiedman House 13218 n 4738.5 4737.8 -0.7 24.2 4762 163,115,1 Sharpe House y 4738.4 4738.0 -0.4 22.0 4760 163,111,1 HS Land and Cattle n 4732.6 4732.9 0.3 22.1 4755 155,107,1 Karbowski Brave House n 4725.5 4724.9 -0.6 27.1 4752 145,108,1 Schmidt Well NA 4714.4 4713.5 -0.9 19.5 4733 132,112,1 United Well NA 4712.0 4714.1 2.1 33.9 4748 132,126,1 Owens Well NA 4714.2 4712.4 -1.8 33.6 4746 132,133,1 Wright House y 4717.4 4714.3 -3.1 37.7 4752 135,132,1 Schmidt House n 4718.4 4716.6 -1.8 31.4 4748 135,135,1 Smit House y 4718.8 4717.5 -1.3 30.5 4748 135,136,1 Kissler House y 4729.5 4729.6 0.1 25.4 4755 148,137,1 Woolverton House y 4730.8 4730.9 0.1 31.1 4762 150,136,1 Shimon House y 4733.0 4733.3 0.3 25.7 4759 154,136,1 Kern House y 4733.8 4734.0 0.2 26.0 4760 156,137,1 Rainbolt House y 4735.9 4737.0 1.1 28.0 4765 161,137,1 Gilcrest Valley HS NA 4737.0 4736.7 -0.3 9.3 4746 170,155,1 The model was utilized to determine options and feasibility for mounding and shadow mitigation structures and are not final design. The baseline groundwater level is based on eight (8) months of piezometer readings taken at the site and further water level monitoring should be taken into account during design of the final mitigation structures. 7.0 CONCLUSION Civil Resources makes the following conclusions and recommendations based on the modeling: ➢ An underdrain or series of wells will be effective at minimizing the groundwater elevation rise south of the Site, and similarly the Gilcrest area, by removing water from the aquifer south of the site. The groundwater will be Groundwater Model Report — Section 20 Gravel Mine Site - 14 - August 2022 collected in a manhole at the midsection line south of the site and transferred through solid pipe to an infiltration pond north of Cell 7. At full site buildout, including the Monarch DENM Site, the quantity of water to be piped and recharged to the groundwater table through the infiltration pond is approximately 6.6 cubic feet per second. In order to keep Mitigation Structures within the DRMS Affected Area Boundary, it is recommended that an Infiltration Pond be constructed to receive rerouted groundwater and infiltrate it within the property. The Infiltration Pond should be constructed prior to the construction of the Cell 4 slurry wall and the eastern underdrain or dewatering wells. > If Red Tierra wishes to discharge to surface as described in Mitigation Scenario 1 Red Tierra will have to apply for an Amendment to the Reclamation Permit to add the underdrain discharge pipe to the Affected Area Boundary. ➢ The models and data presented in this report are based on eight (8) months of piezometer data collected at the site. Further groundwater monitoring of baseline conditions and after slurry wall 3, 4, 5N construction will be necessary for designing the size and invert elevation for the underdrain or spacing for dewatering wells. ➢ Since groundwater is expected to rise(mound) south of the Site the mine operator will continue to monitor the existing monitoring wells in accordance with the Groundwater Level Monitoring and Mitigation Plan, included with this report, to catch any mounding or shadow effects at the Site before it become an issue to the surrounding properties. 8.0 BIBLIOGRAPHY Anderson, Mary P., "Applied Groundwater Modelling, Academic Press Inc., San Diego CA, 1992. Bishop-Brogden Associates Inc. & JVA Consulting Engineers, "Dewatering Improvements Study for the Town of Gilcrest Colorado," 2016. Colton, 1978, "Geological Map of the Boulder, Fort Collins, and Greeley Area, Colorado," U.S.G.S. Map I -855-G. Das, Braja M., "Principles of Geotechnical Engineering, Fourth Edition," PWS Publishing Company, Boston, Massachusetts, 1998. Fetter, C.W, "Applied Hydrogeology Third Edition,"Macmillan College Publishing Company, New York, 1994. U.S. Department of Agriculture, Soil Conservation Service, 1988, "Colorado Irrigation Guide." Waskom, 2013, "Report to the Colorado Legislature Concerning HB12-1278 Study of the South Platte River Alluvial Aquifer," Colorado Water Institute. Groundwater Model Report — Section 20 Gravel Mine Site - 15 - August 2022 Figures / i MILLIKEN ( - I I BIG THOMPSON PLATTEVILLE 1 1 i 1 / GILCRESI 1 I r _ — / s - / z I - / MODEL BOUNDARY 3 BEDROCK CONTOURS SOURCE: WELL PERMITS AND BORE LOGS (SEE APPENDIX) \ LA SALLE Y / / i \ \ \ \ \ \ \ \ \ \ \ \ • \ \ \ \ \ \ \ \ \ \ \ \\ \ ` \` \ \ \�\\II\ �z- r r a..� \_ \ \ \ ` N. ` N. • • • \\� ti\ \ \ \\ \ `tom`.\ \ \ �1 \:\. \ \ \ \ \ \ \ \ � \\ N-._� �- -,1 l`_.. \.. \ • � \ \�.. •>' \\ \ �� \\\� \� \ \ „N. A _.--,. . \ \ \ ` ▪ \ \ \ \ \. \ LOWER LATHAM RESERVOIR l .••• \ k y - x 4.850 1 1 I 0 #x au ( IN FEET) Know what's below. Call before you dig, C:IVII RFS-')URCI—S 323 5th STREET P.O. Box 680 FREDERICK, CO 80530 303.833.1416 W W W. CIVI LRESOU RCES. COM RED TIERRA EQUITIES, LLC 8301 E. PRENTICE AVE *10D GREENWOOD VILLAGE, CO 80111 GROUNDWATER MODEL SECTION 20 GRAVEL MINE GILCREST CO REVISIONS NO. DESCRIPTION DATE DESIGNED BY: KSR DRAWN BY: KSR CHECKED BY: BLH DATE: 7-20-2022 SCALERS NOTED AS NOTED JOB NO.: 303.001.04 DWG NAME:GW MODEL_10112022.dwg REGIONAL BEDROCK SURFACE SHEET: 1 DRAIN MILLIKEN DRAIN MODEL BOUNDARY SPECIFIED HEAD APPROX. 10' BELOW SURFACE BIG THOMPSON DRAIN MODEL BOUNDARY SOUTH PLATTE RIVER HEAD AND RIVER BED BASED ON USGS TOPO CONDUCTANCE 150-16D INCREASING DOWNSTREAM AS RIVER WIDENS MONARCH DEN MI GRAVEL MTNEi A&W RECHARGE PONDS RATE 0.012 FT/DAY 2013 ANNUAL RECHARGE 1,677.4 AC -FT INTERNAL BOUNDARY CONDITION RIVER - WESTERN MUTUAL DITCH CONDUCTANCE UPSTREAM 6 FT/DAY DOWNSTREAM 2 FT/DAY HUNT RECHARGE PONDS RATE D.D15 FT/DAY YEARLY RECHARGE UNKNOWN PLATTEVILLE i INTERNAL BOUNDARY CONDITION RIVER - FARMERS INDEPENDENT DTICH CONDUCTANCE 2-6.5 FT/DAY SECTION 20 GRAVEL MINE WEIDEMAN RECHARGE POND RATE 0.04 FT/DAY 2013 ANNUAL RECHARGE 82.5 AC -FT VFRANK RECHARGE POND RATE 0.067 FT/DAY 2013 ANNUAL RECHARGE 122.9 AC -FT HUNT RECHARGE PONDS RATE 0.107 FT/DAY HUNT RECHARGE PONDS RATE D.D15 FT/DAY ESTIMATED ANNUAL RECHARGE HAREN RECHARGE POND RATE D.0135 FT/DAY 2D13 ANNUAL RECHARGE 1,26D AC -FT GILCREST BUDERUS RECHARGE POND RATE 0.015 FT/DAY 2013 ANNUAL RECHARGE 71.3 AC -FT SCHAFER RECHARGE POND RATE 0.015 FT/DAY 2015 ANNUAL RECHARGE 188.3 AC -FT INTERNAL BOUNDARY CONDITION RIVER - PLATTE VALLEY DITCH CONDUCTANCE 3-5 FT/DAY LA SALLE MODEL BOUNDARY SPECIFIED HEAD APPROX. iD' BELOW SURFACE MODEL BOUNDARY NO FLOW BOUNDARY WHERE TOPOGRAPHY RISES AND WELLS GO FROM COMPLETED IN ALLUVIAL AQUIFER TO COMPLETED IN CONFINED AQUIFERS INTERNAL BOUNDARY CONDMON RIVER - EVANS #2 CONDUCTANCE 3-5 FT/DAY LOWER LATHAM RESERVOIR NORTH IN FEET) Know what's W. Call beforebB�Oyou dig, CIVii izrS-1)uRCIS 323 5th STREET P.O. Box 680 FREDERICK, CO 80530 303.833.1416 W W W. CIVI LRESOU RCES. COM RED TIERRA EQUITIES, LLC 8301 E. PRENTICE AVE *10D GREENWOOD VILLAGE, CO 80111 GROUNDWATER MODEL SECTION 20 GRAVEL MIN GILCREST CO REVISIONS NO. DESCRIPTION DATE DESIGNED BY: KSR DRAWN BY: KSR CHECKED BY: BLH DATE: 7-20-2022 SCALERS NOTED AS NOTED JOB NO.: 303.001.04 DWG NAME:GW MODEL_10112022.dwg BASE CONDITIONS SHEET: 2 MILLIKEN BIG THOMPSON PLATTEVILLE SECTION 20 GRAVEL MINE LA SALLE LOWER LATHAM RESERVOIR NORTH o NS #N IN FEET) Know what's below. Call before you d ig. C:IVII RFS-')URCI-S 323 5th STREET P.O. Box 680 FREDERICK, CO 80530 303.833.1416 W W W. CIVI LRESOU RCES. COM RED TIERRA EQUITIES, LLC 8301 E. PRENTICE AVE *10D GREENWOOD VILLAGE, CO 80111 MOUNDING SHADOW MODEL SECTION 20 GRAVEL MIN GILCREST CO REVISIONS NO. DESCRIPTION DATE DESIGNED BY: KSR DRAWN BY: KSR CHECKED BY: BLH DATE: 7-20-2022 SCALERS NOTED AS NOTED JOB NO.: 303.001.04 DWG NAME:GW MODEL_10112022.dwg HORIZONTAL HYDRAULIC CONDUCTIVITY SHEET: 3 t->./ C I V I I RI- 5 uC, RFs 323 5th STREET P.O. BOX 680 FREDERICK, CO 80530 303.833.1416 WWW.CIVILRESOURCES.COM OWENS WELL 471D1 UNITED WELL - - WRIGHT HOUSE ' - / ' SCHMIDT HOUSE INFILTRATION PONDS SMIT HOUSE le t SCHMIDT WELL - MW -2 - it OBSERVED: 4718.2 4715' MODELED: 4717.9 _ " """" .1 ova \ 1 _ o zso soa ' RED 8301 GREENWOOD TIERRA EQUITIES, E. PRENTICE AVE *10D VILLAGE, CO 80111 LLC rirH•�rtiHri -• I 1 \ I nNraiesa atna,r,r.ri ' ( it1 FEET) I \ ' ' i ' 4720' 81 I y 1 i f ' Know what's below. Call before you dig,. i - p " "1 , , miniariaa m i ,-, --3 " " "i" " "i"ice"""""""" MW -3 "" ' - OBSERVED: 4725.1 4725' MODELED: 4724.9 ■Ili if 1 i al- - - .,, 1• ' ■ w Q O Ce W H Q 7Z Z D 1-1 O z �+ 2 J //\ �( �• fY O No 7 L O �wr/�� V l ( ] �-+ L f (1) U //I—I�I 0 OD ■ - 1 1\ i SECTION ZD ! GRAVEL MINE �� ' i KISSLER HOUSE 1 i c ■ MW -1 ! OBSERVED: 4725.4' 0imi � ! ' MODELED 4727.1 ■ • I , KARBOWSKI/BRAVE HOUSE ' -i WOOLVERTON HOUSE ■ _ _ 1 " " " " " " " " " " " " " " " " " " .. " ib•imi �"i"�"i"inimmi"�"i"� iii "..r. -ice ■ 4730' ! \ ' ! 1 MONARCH DEN ! - GRAVEL MIN ' - _ _ _ ,_ J 1 - MW -7 _ ' I 1 OBSERVED: 4728.9 _ MODELED: 4728.9 ! 1 �- SHIMON HOUSE 1 ! 1 1 _ , 1 ! : _ ' ■ 1 1 ..,........r...r..,.rr.r.+a 1 • enekinisa1 KERN HOUSE _ MW 4 i 1 i OBSERVED: 4732.1 MODELED: 4732.5 t ' ■• i / 1 1 1 _ / 1 ■ ■ ■ 1 a_ 1 4735' ' HS LAND AND CATTLE - ! _ ! - HOUSE %, PATRIDGE HOUSE -.N.,RAINBOLT 1 ■'' ' 1 ii ! I MW -6 tilr.i"i"i"i"i"i"i REVISIONS �iriririririririririririrui ' Mir nil OBSERVED: 4738.4 inrrrrrr" rrrrrr" ..-. 4111)..I.� / MODELED: 4737.7 ' �� - - NO. DESCRIPTION DATE + ■- / II ism 'num “1=1 IlnIMI MW -5 OBSERVED: 4736.4 MODELED: 4736.7 - - - ' 1 WIEDEMAN HOUSE CLINE HOUSE p "- - HARDING HOUSE - 1 SHARPE HOUSE WIEDEMAN HOUSE - GILCREST 4740' 1 - - GILCREST VALLEY HIGH SCHOOL 11" IMin I"I "I"I"I"1" I"1 _- 1 DESIGNED BY: KSR DATE: 7-20-2022 ' DRAWN BY: KSR SCALERS NOTED - CHECKED BY: BLH AS NOTED 1 1 - BBA-MWil � // J JOB NO.: 303.001.04 DWG NAME:GW DWG ` OBSERVED: 4737 EXISTING CONDITION CONTOURS I MODELED: 4736.9 1' 11 in i = '_' =ill# S la. S_ 1'"'" - - _ BBA-MW4 OBSERVED: 4741 - MODELED: 4740.3 - SHEET: 4A - 4745' - dig. CIVii izr5-1)URCIS 323 5th STREET P.O. Box 680 FREDERICK, CO 80530 303.833.1416 W W W. CIVI LRESOU RCES. COM RED TIERRA EQUITIES, LLC 8301 E. PRENTICE AVE *10D GREENWOOD VILLAGE, CO 80111 MOUNDING SHADOW MODEL SECTION 20 GRAVEL MIN GILCREST CO REVISIONS NO. DESCRIPTION DATE DESIGNED BY: KSR DRAWN BY: KSR CHECKED BY: BLH DATE: 7-20-2022 SCALERS NOTED AS NOTED JOB NO.: 303.001.04 DWG NAME:GW MODEL_10112022.dwg EXISTING CONDITION CONTOURS SHEET: 4 _ \ - 500 - 7j5), - - -. _ - _ ----- OWENS WELL -1.9' SHADOW C:IVII Izr5ul�crs 323 5th STREET P.O. Box 680 FREDERICK, CO 80530 303.833.1416 WWW.CIVILRESOURCES.COM '- UNITED WELL SHADOW WRIGHT HOUSE t-5.3' -4.7' SHADOW - //)..skill. 11. i scHMIDT HOUSE SHADOW '-1.2 �\ sMIT HOUSE � SCHMIDT WELL D.2' SHADOW --_ -4.0.0'' SH SHADOW 8301 GREENWOOD TIERRA EQUITIES, E. PRENTICE AVE *10D VILLAGE, CO 80111 LLC 1 H / ; A� 1 1 sia ■in■i i■iain■i 'Enna io uinauui■uuuinn uini■i�■i mi■i■ui■inuiann in ■i■uuinn mum ■uui ■inn in iii i=u ai■ au ■i MW -2 �, i 1 _ r 1 • iRED 1 i 1 ' - 1 • CELL 3 i • 4725 • 1 a ! g 1 ! ! 1 1 ■ ` inir� wi■i■uuin■i■uuui■ui■ ! imis gn��j' ■ mininiaiminiimiimimimiminiMW-3 W OKARBOWSKI/BRAVE O W L f - � Z Z H 2 J O w U fY le O in W O rce y U z -I-1 O Ill r� V l o MODEL SLURRY WALL 1 t �ri • LOCATION -�! 1 1 r ! 4730 ■ ; I 1•- 1 ' 1• • 1 CELL4 ;If 1 i SECTION 20 1 • ! -•GRAVEL MINE II CELL 7& S 1 dia a i r KISSLER HOUSE 1 • - ! 4.0' MOUNDING MW -1 1 •• 1 ' HOUSE ! 1 i - - - i WOOLVERTON HOUSE -0.6' SHADOW i 1- ■ _ i _ i h• 4.6' MOUNDING ' 1 '• '! MW -7 1 1 ! ;' r , 4735 MONARCH D • 1 i GRAVEL MINE, MINE- i ; • I ' ' !• • s SHIMON HOUSE 1 S. D' MOUNDING II CELL SN �� , . • I �• 1 1 _ ! - ! . uui■i■inruuui■ui.■iauui■mauuin■�nnn■i■i■�■i■i■.w.■i■u.■ui■,n■� .`�� _ , KERN HOUSE 5.0' MOUNDING 1 • ,,.� �_ !-1 ! 1 i CELL 6 I- ` � ' , i a - �` 4740 r MI i f ' + i it HS LAND AND CATTLE 2.3' MOUNDING --- iI ! re �� i II ' -. 1'• - • o t i CELL 55 MODELED SLURRY WALL LOCATION ' RAINBOLT HOUSE 5.9' MOUNDING REVISIONS NO. DESCRIPTION DATE _ ' CELL SS • ; • 1 _ 1I MW -6 \\ _ lilt ■ as %_�� i ' ma■ wwwwui minimum.' muumuu. Iona� ul �! �� I_ II MW -5 PATRIDGE HOUSE 6.7' MOUNDING BBA EC v_. - 7 - WIEDEMAN HOUSE CLINE HOUSE 8.1` MOUNDING HARDING HOUSE 7.7' MOUNDING SHARPE HOUSE WIEDEM USE 8.8' MOUNDING GILCREST - - 6.8' MOUNDING - 8.5' MOUNDING GILCREST VALLEY HIGH SCHOOL 4.0' MOUNDING R0 - ! DESIGNED BY: KSR DATE: 7-20-2022 DRAWN BY: KSR SCALEAS NOTED CHECKED BY: BLH AS NOTED JOB NO.: 303.001.04 DWG NAME:GW MODEL_10112022.dwg SLURRY FULL CONDITION CONTOURS BUILD WALL OUT NORTH 0 250 i FEET) dig. \ BBA-MW11 811 SHEET: 5A BBA-MW 18 ow what's below. Call ,-- before you , MILLIKEN r;<<f Q� z BIG THOMPSON PLATTEVILLE LA SALLE „y 14.>"" %"WS / t LOWER LATHAM RESERVOIR JORTH 0 1250 2500 I IN FEET) Know what's below. Call before you d ig. c.,>cc-3,) C:IVII RFS-')URCI-S 323 5th STREET P.O. Box 680 FREDERICK, CO 80530 303.833.1416 W W W. CIVI LRESOU RCES. COM RED TIERRA EQUITIES, LLC 8301 E. PRENTICE AVE *10D GREENWOOD VILLAGE, CO 80111 MOUNDING SHADOW MODEL SECTION 20 GRAVEL MIN GILCREST CO REVISIONS NO. DESCRIPTION DATE DESIGNED BY: KSR DRAWN BY: KSR CHECKED BY: BLH DATE: 7-20-2022 SCALERS NOTED AS NOTED JOB NO.: 303.001.04 DWG NAME:GW MODEL_10112022.dwg SLURRY WALL FULL BUILD OUT CONDITION CONTOURS SHEET: 5 \ i i i i i i i i i i i i i I i // l• l • • rism lr OPTION TO DISCHARGE TO SLOUGH =1=1=1 1=1 1=1 1=I� p - 1 1=1=1=1=1=1= =1=1=1 =ICI= CELL 4 CELL 3 I=I■■1=1■■1■■1=1=1=1n KARBOWSKI/BRAVE HOUSE 2.6' DROP ■ MONARCH DENM- GRAVEL MINE - 1 1 _ 1 1 _ 1 HS LAND AND CATTLE 0.5' DROP MONARCH DENM UNDERDRAIN GROUNDWATER REMOVAL RATE 3.D CFS Il.011 =I =1 =111=1 = III '711 SOLID DISCHARGE PIPE i _ SCHMIDT WELL 5.5' DROP ■I■I■I■I ■ i i i i i ■i■ ■1■.1■1■1■1■1■1■I■I■1■1■I■1■I■1■I■1F iA1ri■iyulrul MW -2 OWENS WELL 4.0' DROP I■iri■u1r Y■1r1■i■1 t♦ I= il■■■■■■■■■■■IAI■■■■I■I■I■I■I■I■Irl■I■Irl■I■I■I■I■ICI■I■I■I■I■I■ UNITED WELL 5.7' DROP CELL 3 1 y r■ ■l ■■ f l ■l l ■\ ■■ ■■ ■■ r■ 1 1 1 ■■ ■l l l MW -3 1 CELL 4 MW -1 ■ i i i P ■ ■ 1 ■ 11 MW -7 I 1 111 ■ - • I ■ 1 • • _ ■ ■ 1 • i • I P, • CELL 7&8 SECTION 20 GRAVEL MINE MODELED SLURRY WALL LOCATION WRIGHT HOUSE 6.3' DROP a 1 MANHOLE CONNECTION TO NON -PERFORATED PIPE CELL 6 UNDERDRAIN INV EL 4735' CONSTRUCTED WITH CELL 6 SW UNDERDRAIN 24" SLOTTED PVC GROUNDWATER REMOVAL RATE 3.3 CFS INV EL 4733' ■I■I■I■I■Irlrl■I■Irl■I■I■I■Irlrlrl■Irl■ SHARPE HOUSE 0.4' DROP MW -6 ■Irlrl■Irl■I■I■I■I ■Irlrl■ WIEDEMAN HOUSE 0.4' DROP �`fiS‘ .:* - CELL 5N 1 �I■I■Irlwlwlrlrirlrlrlrrlrirrlrl■I■1ru1■1■1r1ru1rl■,■u1■Inrul■,w1■Irtir\ ■�• MODELED DEWATERING WELLS OR UNDERDRAIN GROUNDWATER REMOVAL 3.25 CFS CONSTRUCTED WITH CELL 4 SW CELL 55 WIEDEMAN HOUSE 1.4' RISE HARDING HOUSE 1.3' RISE 1 1 CLINE HOUSE 0.5' RISE 1 r 1 =1 = SCHMIDT HOUSE 3.1' DROP SMIT HOUSE 2.3' DROP KISSLER HOUSE 0.1' DROP WOOLVERTON HOUSE 0.1' DROP SHIMON HOUSE 0.1' RISE KERN HOUSE 0.1' RISE RAINBOLT HOUSE 0.1' RISE PATRIDGE HOUSE 0.3' DROP GILCREST GILCREST VAL 0.4' DROP LEY HIGH SCHOOL 500 NMI Know what's below. Call before you dig. CIVii izrS-1)uRCIS 323 5th STREET P.O. Box 680 FREDERICK, CO 80530 303.833.1416 W W W. CIVI LRESOU RCES. COM RED TIERRA EQUITIES, LLC 8301 E. PRENTICE AVE *10D GREENWOOD VILLAGE, CO 80111 GROUNDWATER MODEL SECTION 20 GRAVEL MIN GILCREST CO REVISIONS NO. DESCRIPTION DATE DESIGNED BY: KSR DRAWN BY: KSR CHECKED BY: BLH DATE: 7-20-2022 SCALERS NOTED AS NOTED JOB NO.: 303.001.04 DWG NAME:GW MODEL_10112022.dwg SLURRY WALL WITH DRAIN CONDITION CONTOURS SHEET: 6A CIVii RITS-5:)URCFS 323 5th STREET P.O. Box 680 FREDERICK, CO 80530 303.833.1416 W W W. CIVI LRESOU RCES. COM RED TIERRA EQUITIES, LLC 8301 E. PRENTICE AVE *10D GREENWOOD VILLAGE, CO 80111 MOUNDING SHADOW MODEL SECTION 20 GRAVEL MIN GILCREST CO REVISIONS NO. DESCRIPTION DATE DESIGNED BY: KSR DRAWN BY: KSR CHECKED BY: BLH DATE: 7-20-2022 SCALERS NOTED AS NOTED JOB NO.: 303.001.04 DWG NAME:GW MODEL_10112022.dwg FULL BUILDOUT WITH MITIGATION SHEET: 6 \ / STEEL WELL LOCKING t->./ <:Ivll Izr5ul�crs 323 5th STREET P.O. BOX 680 FREDERICK, CO 80530 1416 WWW.CIV3.833. URCES.COM 14.0' 20.0' 60.0' LID SCHMIDT WELL \`� O� / BASE HEAD EL: 4714.4p� MITIGATION HEAD EL: 4713.0 SLURRY WALL PLATFORM DROP: 1.4' OWENS WELL 4714.2 PITLESS ADAPTER - BASE HEAD EL: MITIGATION HEAD EL: 4713.4 \\\ patio ' ` 30.0' DROP 0.8' - �{ 10.0' ,, / VARIES 6' ' / �� I l3 MINE/RECLAMATION ,, SLOPE �.. �; �y ' '1 A FUTURE SLURRY WALL P, 24" PVC UNDERDRAIN �; 5' DRAIN MANHOLE / ' OPEN BOTTOM WITH AGGREGATE BEDDING J RED 8301 GREENWOOD TIERRA EQUITIES, E. PRENTICE AVE *10D VILLAGE, CO 80111 LLC UNDERDRAIN TYPICAL SECTION +0.5-13' A i �� % o o zo �? S 3D" DIAMETER / D.375" WALL STD i ( IN FEET) ~� `-; / - �/ 4720 N�19 STEEL CASING •911 / II / / 1 ✓ 1• !• r.: +0.5' - 13' 36" DIAMETER BOREHOLE FOR SUR 1 y \ 3 �� 1 1 i iriri iriri iri .r ■ inri ririririri ui■iriririri■ 1 a �, iriririri riririri rum ri 0iri iri■�yriruf ■iririririruuiririri iriririr Mk G r r 2' - 13' CEMENT 24" RECHARGE UNDERDRAIN 24" RECHARGE UNDERDRAIN M EXISTING GRADE " / INV EL 4727' - �INVELa727' III -III f / ' I III -III -1U7 ` I 1 i' 1 1 CELL 3 111111 IIII III III= • x:: , t; ■ • ;6: �l l lil l , 1 � OPTIONAL LOCATION ■ -.�+ 1 ■ i OF RECHARGE POND •' � • OSHA SAFE SLOPE/STABILIZATION s' 1 , ■ • 1 .. i J ■ ■ I : •iniri■iri■i■iri■i■i■i■ininj 1 - G i T-15' CEMENT W Q o Ce W /1, \� D O Ce / r► LJ z H J w > "� < LL Q o U w rr� o U le V LLJ ce U ll 0 1 47251 � LOCATING TAPE � ..` li Ininominimi^ininlimini�i�i�i oni^intm: BACKFILL COMPACTED TO 95% OF ■ / - i I STANDARD MDD PER ASTM D698. / +0.5 - BOTTOM 18" DIAMETER - 1 ' 1 _ ■ ` 14,ry -:(••s'F .�9.'. 0.379' WALL THICKNESS 1 / -, STD STEEL CASING • , j' 1 / • 15' - 17' BENTONITE PLUG _ 1 i i- 1 • G ' TRACING WIRE i % r'•` -- / 7 1 i ! - 12"-24" PERFORATED PIPE 1 CELL 4 ' , (SUBMITTAL REQUIRED) . SECTION 20 1 • GRAVEL MINE • C8" CELL 7 & 8 1 Alin* ., ' i 1 SOLID DISCHARGE PIPE i #8 ROCK APPROVED BY ENGINEER AND !• i DELIVERED BY OWNER. ••1 ' ■ - ■ 1 ' $„� ' UNDERDRAIN TYPICAL TRENCH SECTION15 1 3 ■ ■ ' 1- - ■ ( IN FEET) 4730 ' i ri=i mi �i cirri =i �i cirri �i �i =i �i �i �i =i�i �i �i sir■■ri=imi■■Fimi�i�i�imi�i�i=imi�imi=imi�i�i=i�i�i�iri=i�i� �__ ■ ■ ■ �■ it 1 i ', I 1 DENMI 1 ... .. .. • ! L MINE - ■ 1• !A • • i• CELL SN ' ■ �`� - l� ' 1 1 - �. 18" 0.150 -IN SLOT STAINLESS - ■ arr STEEL #304 WELL SCREEN i00# Sri■ r ■uionsi■ ri mini■insi■uioiru,ririri■imini• ��IVu■i■isi ' 1 ; y♦ - \` �, VARIABLE ' to,* 1 / ■ ■ --_-t-----------�_------------ FREQNCY ■ ■ DRIV / MANUAL 1 ANCHORED IN CONCRETE PAD 1D" DISCHARGE LINE • CELL 6 START BOX ■ - ■ r 1 I ■ iiI III REVISIONS 1 i Il_ ' i 4735 2.0' NO. DESCRIPTION DATE 24" UNDERDRAIN INV EL 4733' 12" DISCHARGE PIPE , - 11MH, 4STG, SUBMERSIBLE VT, 75 HP 1 •r//f/ /� = - - CELL 55 �, DISCHARGE 3.3 CFS ■ � — — HYDROFLO PUMP (OR APPROVED EQUAL) - - ■ , • • L „ 1 ■ I 1'-6 ■ j 1 i•_ - 3' 6" a s -o o.�. _ GRAVEL PACK j in �� - �riririririruuiruiruiri TYP. 4, ® e'aa r s' o.c. _ i. ' iririririririguiriririririruiriririririri■ r rrrrrrr� �� , ' `� — are M `.� ' �� — — `rl M J.7 - - . • • • — —_ - —_ 9 ir � 1' � � 1' � 1♦ J — —_ t iD" DIP ~ O 9" - - - L —_ —_ - 4740 f. 5' MANHOLE • • • r . r _ — — INV EL 4732 • r 7, 8„ I+ r{ \ DEWATERING PUMPS OR UNDERDRAIN DISCHARGE 3.25 CFS SUPPORT BRACKETS ANCHORED A CONCRETE PAD VFD OR MANUAL START 10' SUMP DESIGNED BY: KSR DATE: 7-20-2022 DRAWN BY: KSR SCALERS NOTED CHECKED BY: BLH AS NOTED \ JOB NO.: 303.001.04 DWG NAME:GW MODEL_10112022.dwg - - / NORTH /,. SLURRY DRAIN WALL WITH ` STEEL BASE �— o 2.5a400 PLATE '= Qy - 10" DIP 411 II I�I FM) .�II�O�II �O 811 F .� DIP WYE(EXCEPT ON BURIED �® '=,G \f_ \ 1ST WELL IN SET) CHECK VALVE DEWATERING WELL SHEET: o �s 3 (7) now what's below. _ _ \ Cia��before you dIJ. ( IN FEET) C DEWATERING WELL DETAIL \ 1 �� NF � � ( IN FEET) /r � i / /, + '.`� �_ 1i� I _k� I I r P� -----_.„C---- ,C\C-----„, ----,.___,___ I I 7.------- ----_________;--..,<--, „.„.,,_„:----C:_,,,,,,:----___ V / - , tii // --- I I �i� / l I, N � H- I WCR 44 � . �� fi I i , r � I -mI� - �l1-1 � -t_Ir - " 7 _._ .I-4---- D:053 / I I - I I T�� II II I I I 1`- I I I � I I I I�,-- � 1. 1IQ�L I I I I I IL ts I I CELL 3 1 I I I 1 I I 11 I t l i i ` 1 I I I I f t I I ir- _L I 1 472 5 s �- I I ± I �,_i I rl ,_,k,�., I I 11 1 I I - - - .f a -I , i l- .� II I I 1 _ - - , - - I I I I I I I I I I i t1 I 1 I� +t_i-k+I+1 1--I- 1 I! r III I I I I I T Jlit-Ei-Fr-krHIL I i II I I I II-E---E��- I II _ I I II I _ - ±-1-�- �II s I I I I 14.444-1— 1/2 �_ ��,-� I I I I I I I SECTION 20 ! �-�- I 11 ; ■ WWII - MONARCHDENM -I `�r� �� ± I I 1 1�� I I I I r- �- I - _ _ _ . _ . r . r _ _ i_I leIIII,I7 L —�II INi�_Ni 47»+- �rI1 -r r ,�+��-1--E I illiL I Ir4�� 1 - H-f-kti-j-F i ,-1-1-7-H- . ,_k__i ______ _ _F-I_I-: _I I = � 4444 --- '- _ ___H__k_l H- ' � �� WCR 42 �� ---- -- '� I I - - _ -- __ I . HI-- r I _ __ III I --k�1--�1--� _ 1 t �_ ---- _ _ _ - 4740 -1- - - Q [_ fir' ,--1 . . . �-- � \ -- - --- WESTERN MUTUAL DITCH ___ _ _ - A. _ t' �J � / , � � ■■■■■■■■■ .■■■■■■■■■■■■ ��7` � 1 J 4745 ■■■ ■■■ ■■■ I F FT ■ 1. T 1. THIS MODEL ITERATION INCLUDES A SLURRY WALL AROUND CELL 3 2. NO MITIGATION IS MODELED IN THIS ITERATION SECTION RED TIERRA 20 GW EQUITIES MODEL DATE: ®-per, 2022 FIGURE: 8 HEAD CELL CONTOURS 3 SLURRY WITH WALL J v I I J > , i ,/ 4 / / r .. N -: i r/ / / / / j I I / ;_ i I _�_ //, 7_,,,T.� / 77r / I I # --�- \ -. - �� " �` \ `�- Cry \ill ..,4- /� N / / -i-± N I I I WCR 44 �-�+ - �4i �� I ■ L. I I I 1.� ; , ._ // I I I III 1� I% 1 ` I I ' I J 'L. I Q� I I. I r I I I I CELL 3 i I1 I �. + II r I I i I I I I I I I i{ I j I I ( ;I I I I I I I I It I I I I I •� I I 14725 (III I I - I I - �- 1 I �--� 1 �� _,�,�._I.__I I I I I II /14+ I I I I -_----_- - t I Illl 1 III; III I I I I I flit- -��--r±H_DILI 14-1-I. �,I II I I I I I .I � , I, I I t l l ill I I I I I I -A -ti -H4 .- I' - - � r I I CELL 4 - 1 I SECTION 20 41 I -�-fi II _ I I II_ I I I I I I �I-IlI I I I �� DISCHARGE TO T I d I , 473U � I I rr , III HI I I I IIISLOUGH / -fill I I�,�I i I !� I --F -E ----- -hi-k-i HI I -11 I r7- -ikillitiikk ± I MONARCH DENM I i I I R I I 1 GRAVEL MINE _ t I I 1/-� -�-L-� , -H J I ft I ■ ■1 -L-r�� 4± e - I LL _ _ 4735 I MW _ 6 • I I 1 0.4 MOUNDING I fi� _ _._,.,. .. , � I 1 a� -"J 4 � I eI � ■�■■■■■■■■■■■■ CC 1 I r r�1r �� .I C ( ■■■■■■■■■■ ■■1 grateitH—LI _ -/ -�-I-��- I--_�-- - +_- _ _ H__H;--�--I ■■� -��C� - 1--I-� - WCR 42 -1-74fra■ I+ UNDERDRAIN DROPS INTO ' -� I _ ` - - -- 5' DIAMETER MH ' - MW -5 - iII _I I - 0.4' DROP IIll -4740-_ ,- - I 1 1 --- ■■ ■ - - - ■■ _ '� % ��■■■ __ __ 24" UNDERDRAIN -- ii ■■�■■■■�■� ■■■■ ■■■ QD i ■■■■■■■■ DISCHARGE 2.0 CFS r, cn _ ■■ ■■■ ��__ ®- OR 174,000 CUBIC FEET/DAY -®■ WESTERN MUTUAL DITCH _-■■■■■■■■■■■■■■■■■ - _ - -- --II - 1 /2MONARCH -- - - �_■� CELL 1 ■ ■■■■■■■■■■■■■■ ■-_ ■� ��z ■ __VI ■■■■ ■■1 N ■■■■■■■■ 5 ■■■■■ kP� ■■■■■■■ ■■■� , ■■■■■■■■■■ ■■■■ ■■■■■ 7 , �;�■1 ■■■■ ■■■ ■■■■ \rv� 4J` , _ I 4750 0 ■■■ �'■ II II tl IIII I I i I I NOTES: 1. THIS MODEL ITERATION INCLUDES A SLURRY WALL AROUND CELL 3, CELL 4 AND MONARCH DENM CELL 1 2. MITIGATION WAS MODELED AS AND UNDERDRAIN DISCHARGING 2 CFS OR 174,000 CUBIC FEET PER DAY TO THE UNNAMED SLOUGH WEST RED SECTION TIERRA 20 G EQUITIES W MODEL OF THE MONARCH DENM SITE. DATE: ®-per, 2O22 FIGURE: 9 HEAD CELL CONTOURS 4 SLURRY WITH WALL J _ /� / \ �' �/ / / -_, 4 / , � J i / \, / #__I -- \ -_ I I I ; �,/ / /' / - l., �� ----- � \�` I I T� z/ /7/ -40---- `\ ---- `I ------- ///_HI <,7 ,6", i \ I o IIII\\\\\\�� _V ,� I WCR 4 �. l / I © o `` f. ` Jf� It T� I I 1 I I I I 11.I I I I rat 77 I I I J Q� co. `, / / I I I I I I I I I I I I �it CELL 3 I I I I I � � IIIIiI I I s I I I I I I� I ■ I I I - I � !I I I I I I I I I - I . I I I -tril+1I 11 _ ,-. , _I, --I I I l l l t� art I I j—_�----_—_ X1725 - ILL I l� 1 i I I I I I I I 1 I I� 14t-1� I� I , I 1I --rte .I. IIISECTION Iti I I I ,��I1...11 CELL 4 I �� I� _ I�I�1 11 2 0��-� ° 1 f I1:(tH i �I I I I I I Ii III I II, I� � � DISCHARGE I 1 1 .-- I TO UNNAMED SLOUGH �I ' I ' -1-14-1-7-1-t I,I_--- go 4730 1 -4,44 -�1-j-1 I I ii rhi I . _ - -k� MONARCH DENM R I I I CELL 5N , �1 IIII , J GRAVEL MINE I�,I I I ;+��+ � -�-�� 1 - I 111 . ft, 44 � I- �� _ ■�. I I 111 i Iit!� II - I MW -5 �� 4±I �. I I -�-�-�-�-�- -�-�-�- - I 0.9 DROP � -� --�- I { I �-iAL I I 1 vied MW -6 ■ • 1 r I a, . �I�i� ��\ I O I ■ 0.2 RISE , ? ■ c o ��J , '� ��1—� I ■■ — -- ' ■■ s H-L-k�+� I-- I __ - ��t 1 4r --h I ' i ,-�--1- - -- - i I �I 1.�� I _ ,. J • -- — n WCR 42 I --- -- � r---� --1--� - -- - _ - . -- -__-_ .i !IIHnil'11141_,o _ , _ _ _____ _ ��I-[ -F il _ = i/ 4740 _ - , f / / III i ' /- fJ _ ___ --- - ,/ // �� \_ \- `II\ rIII, --� z - 3 DEWATERING WELLS —, I = ' 1.� �n TOTAL DISCHARGE 2.5 CFS • -L , ,:u. _f WESTERN MUTUAL DITCH trial OR 216,000 CUBIC FEET/DAY -_ I.Li.c. - - - - -L -- I r i MONARCH _ - ----- — -- CELL 1 — \ � co 474; ni 4750 _ r ■■■ ► +■■ ,� I � o I I NOTES: 1. THIS MODEL ITERATION INCLUDES A SLURRY WALL AROUND CELL 3, CELL 4, CELL 5N AND MONARCH DENM CELL 1 2. MITIGATION WAS MODELED AS 3 WELLS DISCHARGING RED SECTION TIERRA 20 G EQUITIES W MODEL 2.5 CFS OR 216,000 CUBIC FEET PER DAY TO THE SLOUGH WEST UNNAMED OF THE MONARCH DENM SITE. DATE: October 2022 FIGURE: 10 HEAD CELL CONTOURS 5N SLURRY WITH WALL J I I� �I 11 1 -fr I __- - -J - J I I trf+ I I 4 I +T I I 4 -I-i-++ , I �r j_ -hi �--r rt fi-r� r fi t I I - - +��-h-ttr i r I r� � a-- I ' H- .4 I 1 _ � ■■■ I I I� _--r _i__, �- ■■■■ 1 i I ��, �- I IO),9 --r- rtrr ■■■■i i� I 1 -1-� -I-1--r I I fi1--�,c,--� -_r -4_i_+ ■■r■■ —� I 11 I 1 1 1 ice- I � �L_L_L- I ti I I I, i L,(+A 4_ , i 1--tni—i- • I I I � I I CELL 3 I Ll fi I --I � 14 I � I - l i- 'j___, 1 - .�.� _ _ _ _ _ _ 4725 �' I I __�._.__,_._ ,� s I MONARCH ��y+ill `Q�r; II II ,if I_� CELL 4 'j l I + - �� --1 CELL 4 fi �: I �, CELL 7 SECTION 201 0 �I .J �I _ I � &8 �ak44-4 III I �� I .II I 1 I t I I -I-1��+. I I � . 1 _ ] 1 �I II I�� —k _ -I -E i - I I , �.� ----_�1---, I 47��-�� I I� d I,_ I 0 irrjill 4. k i I I I �--! -� � 4 d"H nn MONARCH DENM !' I P IIII f- I II I CELL 5N ■ • — 5�CI�© I — E i_43 GRAVEL MINE i -I- II I.1I -n IIII trim-i-ii1J-1-killi IIIII CELL 6 L._.-._'-'- it I II I -AF. � I Pr� N fi j ,4 . - ICII �,�r" I I,�i1-4-,I-�� IThirru MONARCH I / I L4444_I � iI CELL 3 I ,.I- +�- _ �` ��CELL5S �, X V' 4.�3s �I . I I 1l/I-� . WI ill 1III I I I - --I _ -l— t �� - _1_ _L• ii �■ r■■i i +I_ of I I III ■■■�I■■II■■■■■■ ■ I �s ■■■■■■■■ I■`I ■■■■ vo ■ I MONARCH Ill J■� ■ N. E LNI CZ E I. ? ! CELL 2 ? ■■■■ M N H OI LJ■■■■■ L S . -hi N ■■ ■■■■■■■ ■■ ■ O _ � I ■■■■■■■■■■■■ ■■■ ■ ■■ - 7 MONARCH ■■■■■ ■■ ■■ CELL 1 ■■■■■■■■■■■■■ ■■■ ■■ ■■ ■■■■■■■■■ ■■■■■ ■■ ■■ ■■1 _ — 4745 ■■■■■■ ■■■■■■■■ ■■ ■■■ (i) U o .■■■■■■■■ ■■■■■■ ■■■ ■■ '`> ■ s co ■■■■■■ ■■■ ■■■ ■ r' RTH Po NI_ i� 4750 ■■ , f , ■ t t t� 1 o /' N I Q 4 4 UI, IIIIIIIIIIIIIIII I I I , :j- NOTES: 1. THIS MODEL ITERATION INCLUDES PHASE 1 WITH RECHARGE MITIGATION cup SCENARIO WITH SLURRY WALLS FOR CELLS 3, 4, 5 AND 5S CONSTRUCTED, THE SECTION RED TIERRA 20 G EQUITIES W MODEL cht5 INFILTRATION POND CONSTRUCTED, AND THE MONARCH DENM SITE THROUGH L CELL 2. 2. 3.25 CFS OF GROUNDWATER IS COLLECTED FROM THE SOUTHEASTERN END OF DATE: FIGURE: PHASE i 1 WITH 52 SECTION 20 AND DELIVERED TO A MANHOLE, WHERE IT IS PIPED TO AN INFILTRATION POND LOCATED NORTH OF CELL 7. December 2022 1 1 INFILTRATION i Ii►I I II I lI fli- fl+++ � 4 I �_r� r l I �� 1 -�-�-� II + ��-1-1-1- r +-F-E+1- t r - � i -fr -1- --1- - m!,1- , , 1I I --I ---- j \- + -I- ` I / I I �, ! I �, Kl � —1- I _ ± l � -_ � __, , i- -fr -h -1--i I I I -E I , I t t ;. �� I � I ��ry~ ��1 ( . I— I� I t4 L n ti —I fi t IsJ a_alsr _4 -tartIr %%tall- a _HI I k.--- _ _ . -II --- -1-- 1 - I I. _� II I :_ CELL 3 i l l 1 t I �I■I I t _ I r - I '- I. I I 1 - ___F II I � II- - - - - - - - 725 _ I i INFILTRATION r II 1 I MONARCH II I I i POND I I tl I � ! CELL 4 ■ f CELL 4, I I I i CELL 7 SECTION 201 t I I I ,� i &8 II 1iloll1 . I— f�■ i J — — — — — 4%3 ------- — st 0 I � !I 1I I I i �--. I lir II JJ MONARCH DEN M II 11. I I-� I CELL 5N I' I I SOLID I ! PIPE i _ GRAVEL MINE I I iTh I_1 .I t CELL 6 _F =I I 1_ tirp,ilir. 1 i - f I (-4.1e-r± MONARCH i i li CELL 3 Wror-k-F-E-I-t CELL 5S HI—ktEt I I �� - 4735 I till .1 I I /siI � M t -[ n� .�_ 1- +--har I II ii• I I .� I �I- I I f II I I MONARCH ill I1 I I I I I DI_ E LDl 4740 Ci � � E I. sk - .LZ'R CELL 2 r NHOL 41I I I I M I III W L �� I I I __ — —I ir $ _ } N CD Q._.., I11 o 4 N MONARCH CELL 1 I . __ J Cram=1 - IjJ r Lii c z 2� ` a> 0 4 74 5 .� CD r a Cr r I _ I t C R T I -I co o 1 6 n I.', f i(_i i..1i.,i� O (NI 4 750 n I N' EF )- I I I I I I I I t I I I I( t I I :j- NOTES: 1. THIS MODEL ITERATION INCLUDES THE FULL BUILDOUT OF SITE u, SLURRY WALLS IN ADDITION TO THE FULL BUILDOUT OF THE MONARCH DENM L SITE. SECTION RED TIERRA 20 GW EQUITIES MODEL 2. 6.5 CFS OF GROUNDWATER IS COLLECTED FROM THE SOUTHERN END OF THE SITE AND PIPED THROUGH THE MIDDLE OF THE SITE AND DELIVERED TO THE cb INFILTRATION POND NORTH OF CELL 7. DATE: December 2022 FIGURE: 12 & INFILTRATION FULL BUILD -OUT POND J Appendix E GROUNDWATER MONITORING AND MITIGATION PLAN 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 monitoring wells 5 or 6 show mounding of more than two (2) feet, and the condition was not observed during baseline monitoring, or if the miner or the Division receives any groundwater impact complaint, 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 wall 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 DRMS. 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: > Placing 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 pumps. 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 Red Tierra Equities, LLC - Section 20 Mine — MLRB 112 Permit Application Exhibit G -1 groundwater quality. To establish pre -mining groundwater quality for the site the permittee will sample MW -2 on the downgradient side of the site and MW -5 on the upgradient 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 MW -2 annually during the same quarter as the initial baseline monitoring. The water quality samples will be tested for the analytes listed in Tables 1 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 1 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 testing will be conducted for the life of the mine unless the requirement has been reduced or eliminated through the Technical Revision process with the DRMS. Red Tierra Equities, LLC - Section 20 Mine — MLRB 112 Permit Application Exhibit G - 2 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 l.). 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 gi s_online/) U.S. Department of Agriculture, Soil Conservation Service. 1981. Soil Survey if Weld County, Colorado: Southern Part. Exhibit H Page 4 It z. Figure 1. Rod _Tierra Equh Project Regional Wildlife life Restricted Areas Table 1. Mammal Species Potentially Inhabiting the Red Tierra Equity Project Site Classification/Common Name Scientific Name Preferred Habitat Marsupials Virginia Opossum Didelphis virginiana Ag, Cr Carnivores Coyote Canis latrans All types Swift Fox T ulpes velox Ag Red Fox Irulpes 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 Mils niusculus Cr Porcupine Erethizon dorsatum Ag Insectivores Least Shrew Cryptotis parva 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 Anas platyrhynchos 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 Colinas virginianus Ag Shorebirds Killdeer Charadrius vociferous Ag, Cr Long -billed Curlew Numenius americanus Cr Wilson's Phalarope Phalaropu.s 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 vociferaus Ag Western Kingbird Tyrannus verticalis Ag Tyrannus tyrannus Ag Eastern Kingbird Northern Rough -winged Swallow Stelgidopteryx serripennis Ag Bank Swallow Riparia riparia 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 Toxostoma rufum Ag Brown Thrasher Cedar Waxwing Bombycilla cedorum Ag European Starling Sturnus vulgaris Ag Yellow Warbler Dendroica petechia Ag Bobolink Dolichonyx oryzivorus Cr Red -Winged Blackbird Agelaius phoeniceus Ag Western Meadowlark Sturnella neglecta Cr Brewer's Blackbird Euphagus cyanocephal us Ag Common Grackle Ouiscalus 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 Amphi bi ans Salamanders Tiger Salamander Ambystoma tigrinum all types Toads and Frogs Bufo Cognatus Ag Great Plains Toad Woodhouse's Toad Bufo woodhousei woodhousei Ag Boreal Chorus Frog Pseudacris triseriata macul.ata Ag Reptiles Lizards Northern Earless Lizard IHolbrookia maculata maculata I Ag Skinks Northern Many -lined Skink Eumeces mul.tivirgatus multivirgatus 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 I Kyle Regan From: Sent: To: Subject: Mariah Higgins <mhiggins@weldgov.com> Friday, June 3, 2022 10:54 AM Kyle Regan RE: Red Tierra Equities, L.L.C. DRMS 112 Revised Application Hi Kyle, can get this added to the file we have no problem. Thank you, Mariah Higgins Deputy Clerk to the Board Clerk to the Board's Office Weld County 1150 O Street Greeley, CO 80631 Tel: (970) 400-4225 Email: mhiggins@weldgov.com com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Kyle Regan <kyle@civilresources.com> Sent: Friday, June 3, 2022 10:50 AM To: Mariah Higgins <mhiggins@weldgov.com> Subject: RE: Red Tierra Equities, L.L.C. DRMS 112 Revised Application 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 an Adequacy Review Response Letter that needs to be added to the Red Tierra Equities, LLC Section 20 Gravel Mine DRMS 112 permit application that is filed with the Clerk to the Board for public review. Are you able to add this on to that file or do you need me to stitch it together and resend the application? Thanks, 1 Kyle Regan 8308 Colorado Blvd Suite 200 Firestone, CO 80504 Phone: (303) 833-1416 x210 www.civilresources.com C I`vI L. RErAti RC:ES S siRem5 too_ t44[0: !wvatim From: Mariah Higgins <mhiggins@weldgov.com> Sent: Tuesday, February 1, 2022 4:38 PM To: Kyle Regan <kyle@civilresources.com> Subject: RE: Red Tierra Equities, L.L.C. DRMS 112 Revised Application Received. Thank you! Mariah Higgins Deputy Clerk to the Board Clerk to the Board's Office Weld County 1150 O Street Greeley, CO 80631 Tel: (970) 400-4225 Email: mhiggins@weldgov.com com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Kyle Regan <kyle@civilresources.com> Sent: Tuesday, February 1, 2022 4:26 PM To: Mariah Higgins <mhiggins@weldgov.com> Subject: Red Tierra Equities, L.L.C. DRMS 112 Revised Application 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. 2 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 !,) CML RED U R. IL. L 'li sikelos oum. Ell wo.?Aug 3 Kyle Regan From: Sent: To: Subject: Mariah Higgins <rnhiggins@weldgov.com> Tuesday, February 1, 2022 4:38 PM Kyle Regan RE: Red Tierra Equities, L.L.C. DRMS 112 Revised Application Received. Thank you! Mariah Higgins Deputy Clerk to the Board Clerk to the Board's Office Weld County 1150 O Street Greeley, CO 80631 Tel: (970) 400-4225 Entail: mhlggins@weldgov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Kyle Regan <kyle@civilresources.com> Sent: Tuesday, February 1, 2022 4:26 PM To: Mariah Higgins <mhiggins@weldgov.com> Subject: Red Tierra Equities, L.L.C. DRMS 112 Revised Application 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 1 8308 Colorado Blvd Suite 200 Firestone, CO 80504 Phone: (303) 833-1416 x210 www.civilresources.com a"p"t 2 EXHIBIT J 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 29.1 .42 Feb 32.7 .39 Mar 40.9 Apr 48.7 1.76 May 57.7 2.33 Jun 67.7 1.60 Jul 73.4 1.64 Aug 71.1 1.63 Sep 62.5 0.95 Oct 50.9 0.92 Nov 38.1 0.76 Dec 29.7 0.61 Annual 50.2 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 $ 15,732.50 B. Concrete 1 Batch Remove Plant. 30'x50' pad (Equipment: for concrete Excavator, batch plant Tractor, Dozer) 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 1 Remove Batch Plant. concrete (Equipment: pad for Excavator, Tractor, lime silo Dozer) 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 Scariffy 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 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°/0 Installation Cost ($6.92 per SF) per DRMS Bonding Requirement. Assumes 61'(North) and 521(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°/0, 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(3/0) - 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`)/0) - 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 + O & 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`)/0) $ 133,126.35 Subtotal $ 579,465.63 Total Indirect Costs $ 961,804.71 Total Bond Amount $ 5,399,350 l 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 • State Engineer's Office Substitute Water Supply Plan Weld County • Use by Special Review — an amendment is being submitted to Weld County with this DBMS 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 Equities, _ 1..I G. By: Brannan S Roberts A. Lembke, : 1anger and Gravel Co. L.L.C. Re quitim I t Robert A. Lenthke. 1 n gear 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 Description: 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 NEST 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 WARRANTS DEED (Soil and Gravel Rights) THIS SPECIAL WARRANTY DEED is made as of May 13, 2021, among ZABICA FARMS, INC., a Colorado corporation, CHARLES D. B1 D, an individual, and DEBRA R. BIRD, an individual (collectively, " Cyrant.gr"), 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 Lad (the "Access Right"). For purposes of this Deed, "Land}" shall mean the lands located in County of Weld, State of Colorado described on 'Exhibit_A attached hereto and incorporated herein by preference. 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 vvay 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 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, casements and ether matters described on Exhibit B attached hereto. THIS DEED is dated as of the day and year first above written_ GRANTOR: ZABK:A FARMS, INC,, a Colorado corporation By: � ' - - Printed Name: Charles D. Bird) Title: Vice President 1143549611 4715404 05/14/2021 11:45 AM Page 2 of 7 STATE OF COLORADO COUNTY OF ___100 } } ss. By: Printed Name: Charles D. Bird By: Printed Name: Debra R. Bird The foregoing instrument was acknowledged before me as of _ 2021, by Charles D. Bird, as Vice President of Zabka Farms, Inc., a. Colorado corporation. WITNESS my hand and official seal. My commission expires: 51,3,2/ a STATE OF COLORADO ) ss COUNTY OF ublic The foregoing instrument was acknowledged before me as of I s g 2021, by Charles D. Bird. WITNESS my hand and official seal. My commission expires: 2 H4354961.1 4715404 05/14/2021 11:45 AM Page 3 of 7 STATE OF COLORADO COUNTY OF ) ss. The foregoing instrument was acknowledged before me as of 2021, by Debra R. Bird. WITNESS my hand and official seal. May commission. expires; 114354961,1 CHERYL KERN NOTAFIY PUBLIC STATE, OF COLORADO MY COO � SSI r EXPIRES10 UG ST 25. 2023 5- A3,021 -3 4715454 05/14/2021 11:45 AM Page 4 of 7 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Parcel 1: The Northwest Quarter (NW1/4) /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 N1N1/4 in Deed recorded May 25, 1938 in Book 1026 at Page 433, weld County Records. Parcel 2: The NE 114 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 corer of the NW1/4 /4 of the NE1/4 /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 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. Gx-iffith 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 EX�6IT B EXCEPTIONS TO TITLE 1 Rights of Way fox 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 warted to Weld County, Color=ado in instniment 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_ tail 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. 203 3209, and any interests therein or rights thereunder. 9. Easement) and rata of way including its terms anal 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, 198.3 :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. 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 Lane 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 Meld 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 irk Surface Use Agreement as disclosed by Memorandum, recorded September 24, 2001 at Reception No, 2885973. 24. Terrns, agreements, provisions, conditions, obligations and easements as contained in Surface Use Agreement as disclosed by Memorandum, recorded January 21, 2002 at Reception No. 2918385. 11 43 5496 1.1 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 34, 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. Terns, 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. Terns, 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. Tercets, 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 bbti l Ub/14/2U21 U3:U1 NM Total Pages: 7 Rec Fee: $43.00 Doc Fee: $200.00 Carly Koppes - Clerk and Recorder, Weld County , CO 19.,F i2o0-UO 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 "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, 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. LAn i 5 (-` � i ; 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. c1/27 t 552.2, 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, casements 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: Printed Name: Charles D. -trd Title: Vice President 000 114332683.1 4 / 1 bbb / Ub/14/1U21 U3:U2 NM Page 2 of 7 STATE OF COLORADO courrTY of /LP" ,it,) ) ss. Printed Name: Char es rd Printed Name: Debra R. Bird The foregoing instrument was acknowledged before me as of 2021, by Charles D. Bird, as Vice President of Zabka Farms, Inc., a Colorado corporation. WITNESS my hand and official seal. My commission expires: 'J Notary Publc— STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me as of 2421, by Charles D, Bird. WITNESS my hand and official seal. My commission expires: 114332681.1 e ias"eni„_e_rt�t ir- s CHERYL Ki:AN NOTARY PUBLIC STATE OF COLORADO NOTARY ID i 0 i364011852 r }t f ttit Notary rrabic 4 / 1 bbb / Ub/14/2U21 U3:02 PM Page 3 of 7 • STATE OF COLORADO } } ss. COUNTY OF The foregoing instrument 1NOS acknowledged before one as of c;(5"; 5 2021, by Debra R. Bird. WITNESS my band and official seal. My commission expires: ThrILKEFTir NO TAIIY PUBLIC STATE: OF COLORADO NOTARY JD 19954011852 hiftZsLUSS!CN El:I:VIES/MUST 25, 203 _3_ 1143326$3.1 4 / 1 bbb / U5/ 14/1U21 U3:02 HM Page 4 of 7 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Parcel 1: The Northwest (quarter (NW1/4) /4) of Section Twenty (20) and that part of the Northeast Quarter(NE l /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, E_XCEPT NC THEREFROM a strip of land 30 feet wide off the entire North side of the N1/2 of the NW1/4 /4 in Deed recorded March 2, 1$98 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.11+'I.; EXCEPT a tract of land consisting of two acres, more or less, lying in the Northwest comer of the NW 114 of the NE1/4 /4 of said Section 20, being all that part of said NWI/4 /4 of said NEI/4, /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 1.150 at Page 369, County of Weld, State of Colorado. 114337663.1 4 / 1 bbU f Ub/14/2U21 Ua: U2 NM 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. Easernent(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. Easements) 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, Ir1c. in instrument recorded March 31, 1983 at Reception No, 1922480 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 instrumment recorded May 20, 1983 at Reception No. 1927672. 1143 32683.1 4/ 1 bbti t Ub/14/2U21 U;3:U2 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, 2.004265 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. 2126836.2.8. 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, 1!4332683 1 4 / 1 bbti / Ub/14/2U2 1 U3:1.12 1-'M Page 7 of 7 25. Request for Notification of pending Surface Development recorders August 15, 2007 at Reception No. 349727$. 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, 2408 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, 2049 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, 2+009 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. 114332683) rr � 's cu \ ry i (eve 4.? •. •c I: .? •AIL ••_j • + v1 J 7 . /7, semis GENERAL WARRANTY DEED is madeasa of June it , 2021, bet-viten WETCO FARMS, , INC., a Colorado . drporation ("Grantor"), acid CAW EQUITIES, L.L.C., a Colorado . .,, Jiritited liability cornpaq, ("dranteel, whose acdd tsts is 8301 East Prentice Ave Suite 100, ,,.c;;:ve' - _ �` reenwoad Village, 0,310111. ` S 1 \jA F s r . a GRANTOR, for and in consideration of the sung of Ten:Pollars and other go Aid valuable con iaeration, the receipt andstifficiency of which is h i b r acknowledged by Sitor, has sold ad conveyed, and by thde presents does hereby ,e1,1 and convey unto the, rantee, its successors and assigns forever:the following real prop in the County of Weld, Mate of Ser Colorado, to wit (the "Property`'"): t 9 �` k . e3, f,p 4 �• Afo ¢ 5 ...Jet' �•• • • .. • See Exhibit A attached hereto and *orporated herein by rege nce r1 •1 .. f� • 1 41 TOGETHER WITH all improvements, reversions, remain ert easements, hereditary . s 5 • ,, and appurter s thereto belonging :off' �iri any ay appertain` and all the estate, righ�t�� t tl , interest, ciain and demand rhatspever of the Grantor, eith r.•in law or in equity, of, irrand to the Propel,. but excepting and excluding all of the follow rights and interests/MI) and to the :o g�, Properly: 1 a ,j , %ri, ,p% ,/ it/ % .:( • (a) all rights tr nsi rred and conveyed _ F,H rantor to Red Tierra Tierra' pursuant to .tie 'following deeds: i -General Warranty Deed : ;1 and Gravel Rights �: •. �'` _ , �y dated as of date of -this Deed, recorded in the Office of the Clerk and,` ecorder of Weld Cot4ntiSt, Colorado at 1 ption No. L �� iraand (ii) Quitclaim De s.�`' '"ater Rights) dated as .d to of this Deed, ._recorded in the Dffi e o the Clerk and Recprd * of Weld �Caun,L�jJJr, Colorado at m j f Y A ./ ' Reception No. 49-23'3M ! and 677-;\43/4:0c3 - y �`' Cer (b)Grantor's resew tion of the right to enter u on the Property and re over and remove cv, 4,4 -topsoil on the Pro e far a period of u to two, ( -2) ears from the date ptthis Deed, pursuant..\•:,s7 c‘�~` o and subject to the .t ►s and conditions of that certain Reservation Agreement dated as of the • J ,›Nk. A (§r eAC) W 1 ,•interests ✓ rantor- Property- , * . date of this need Wand among Grantor, r tee and Red Tierra. f ;s,Isc,fry 472738' 06/18/2021 02:47 P' Total. Pages: 6 Reo Fee: _ 8.00 Dot Fee: $210.09 Carly Koppes - Clerk and:Recorder, Weld Counter CC x e s r er,3:' , �. `IV) GENERAL WARRANTY D E f . 9,1 -ct-1/4v• r'NI O1' ti • ' '! r} �. . ♦ /all et t,� nities L.L.C. ("Red : •�r • /Dr(:) cks GRANTOR does covenant and agree to andyith Grantee its successotaild assigns, to ..,wittant and defend title to:_the Property and the ieet and peaceful possesSoh of Grantee, its ,ft,v.:1` .fr1/4(e*ccessors and assigrwag i.nst all and even pet' on or persons claiming, he whole or any part :_AN- ; . ‘> thereof, subject to t. real property taxes and as ssments for the yea ki which this deed is dat .,t-> • and all matters clesctibed on Exhibit B attachOd hereto. t � tic)) . .•J 'N r ti% � l I 1470406S. I '•".9 N• ,, ,4.1% -1 �\••; • Sig atur`e Page Follows]. . \ e „i) ...— f\i (St" of iad . qt:r:2"."' .` ‘.‘kcess f' r erN �. 'k%. ra�, �_. r, J 1 l; (41 ♦ . j i�� ti 2 9'"s 4 Land Tale..4. � - tlat'a\ tN \ .a1/413Y re 1 �'Cl\j JAL \� •,♦\ t41%'•`�`� 7 1 r \�f t -- te- • \ \ • a • f •; •a 's • • I Cr) 4727361 06/18/2021 02:47 lc( Page 2 of 6 ‘Nvr- ? THIS DE is dated as of the day d year first above write ei � .‘ e• r �..,�; i )\ • crc`-.' n6 \ - 9` � Ir- ) . - . ,•�• � .J I ,+ \ .. ` • 1 �,C)S \ • \ t s. ,.1 �% r lent 4 N. st) + STATE OF CO�,RAD COUNTY OF A M t 1. • ••�1 GRANTOR • • e WETCO FARMS, INC., a Colokacio corporation C;. Printed Na Title: Pr ent _. Craig parrow a r I ' •. • • f` � et- -11; \07., �• ti * -•-•,. N.f" ea \ 11 r ` _ A. 1n fr ,< C 9 +,NN / �)i l• ► !%. a \ \'1 T • �• i. •\ 0 •` - ...„1 1, \ ♦ er` ` i ` i I 1(7- f , . ti7` I \\ ;s" en •,. ► • • ,1 erhe foregoing instrument was acknowledged before me as of u 1} 2021 by Craig Sparrow, as President of Weteo Farms,' Inc., a Colorado corporation. r. a `kV?, \ (Litt t 1. .` 1 1 �/ \ 1• r• r `' • -='=°' • \ ' 1 1 `.� . . y� r N 1 • P. • •t) • It �. �. • e• WITNESS my .nd and official steal. ,f::'j%� 1 My cor rnis ion expires ; .EtlestI0 '.se1 � 114704065,1 f Angela Ill Kinder , NOTARY PUBLIC STATE OF Opit9RADO NOTARY ID* 4034017331 MY MISSJO `FIRES October 2, 2022 'sae' �'F`11: � 1 1 �y�. • <,. a .11. .# \VI ,. Vre 11 r 4 `. • t� cs) =1. � e -1t} .� . 1%•.S -41 v • _'•_.") •. • floe• lk.% t- \e• it \ roe ' .: F //��i ? t • Cr O %a (71.1)1' • 4''./y s"•\ ../.1„re • ( . ,�~ . ( r) �.i • ,C e% 11/4 a Y regcS ♦> .•.,/e,s \� Y .-4 \. . i f •��. #1.,4 4727364 06/18/202102:47. picti Page 3 of 6 , { 4 ..� 1 r, • %• )`,• Jl ♦ J • • I EtHIBIT A tfr.t. .. ,; 41 • LEGAL D C PTION OF THE PR.OPERTY 1 N. • Se\aj> ,2 • •4:1/2k e / ai. ♦ti s`t • �, . AN c `Ns C� \,6. ;lit • •/IS 1 , • 1 ` \e". '♦k49 • ?.> . ,� ti • (rjfiN e,�`�.`S .9 ` PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER9RStICTION 20, s ie- f.f4j Sir-. -TOWNSHIP 4 NORTH,�'RANOE 66 WESTOF„ThE 6TH PR.INCIP �, M RIDIAN, COUN`LY4-22) <#2, 1 �\f OF WELD, STATE OF COLORADO, 1JA PARCEL BEING MOR4 PARTICULARLY ;.:.,� ♦. c, DESCRIBEDAS FOLLOW,.: da.•• i A \ COMMErsiCING .AT THE WEST6UARTER CORNER. OV• SAID SECTION 20 WHENCE THE$OUTHWESTQUARTER\CORNER DF SAIDSEdTIONr�, �� LIES S00�'�.4""' DISTANCE OF 2647.47 FE1 �D, E X14 SAID LINE B IN . BASIS OF BEAMS .-. .. . ♦ V'1 ; ' i s i \ . l ♦ • • I. • S. • • it y /y� �' n . ,.-0:-:, THENCE ALONG ME.isit;ORTI-1 LINE OF THE §OUTHWEST QUAWOROF SAID ,1`N.`�.. .`" SECTION 20 NB °4 '07"E� A DISTANCE.' F 40.00 FEET TD AION THE BEST .,,-,?:,4 . . PONT�" .1 RIGHT OF WAY:FOR HIGHWAY 60, a/MDPOINT ALSO BEI1�. THE POINT OF ��1. _-) - BEGINNING THEN'C 'eONTINUINO ALONG" SAID NORTH LINE OTITIE OUTHWEST QVART.ER N89°x,2407"E, A DISTANCE .12,632.31 FEET , TO TAE CENTER, QUARTEg--CORNER OF 4( SAID.SECTION 20; `�' f �,fIENCE. ALONG THE ST LIME O { THE SQ `H� TQUARTER.,QFSAIDr_ ,��Y,,.;- - � ;- SECTION � . r , S00°33'36""E, A DISTANCE OF 2,61.5.59 FEET TO :A POINT ON alsiORTH RIGHT OF ...,1 rG.+ r�1 t• . Y S .:. ►,'A"5c'` LINE FOR C tiNTY ROAD 42, TH NCE ALONG SAID N 111 RIGHT OF WAYA' k _ .(4;7,3'' LINE S8999'4 A DISTANCE OF2.,§34) .25 FEET TO ,, PO toN THE WEST R.I `I,. I OF WA'Y' FORI-I`ICHWAY 60; c'7,1%'''' ti:. , ti1: THENCE:ALONG SAID NEST Rain OF WAY N00°341:5 ' , A DISTANCE OF -2617.44 FEETp THE POINT OF BEGINNING. W 41.: SAID PARCEL CONTAIN'S 158.08 ACRES 4 `i' J o%(:*.C) `+� • 114704065.1 l 3 a 1 1 1 'IS,:' , e') � r � �• 'ti i .0-4.(6%114.e. . ��. r ..r ,1 ti' i 1 k Vivay rl "tif • it.' Cc t I 03 4*. N. No pp • 11%. •fIL sed % ;►r J.) - /e ?•,,,. � 1 • !r .• k 1 I _%tata • M I....- r. 1 l'! ( co �/ t{ ti 1t • 472736'l 66/18/2621 02.47, PM1 Page of6 r _ i . 6. OIL, GAS AND 'MINERAL LEASE RECORDED FEBRUARY 24, 1971 UNDER RECEPTION NO. 1 502798 AND ANY ANP BALL ASSIGNMENTS, THEREOF, OR IN .EST THEREIN. , ;� �\:-. �. ,�. + ,. t• \d , , - •\ x e c'1 f- L 1l x• : * �: ' DECL'ARATI N OF POOLING RECORDED JULY 5 1972:UNDER RECEPTION t --L-.9 .:€;....',�� NO. 1592972* �� •{ ; t + C' �t , /AN... -} -, . .,, , t S� .-' t J� AFFIDAVIT OF LEASE EXTENSION RECORDED • - ARCH 19, 1976 UNDER RECEPTION NO. 1683851. «', <45 - J.. • �, xt -Sy-' )-I-AMENDED DECLAR.A.TION OF UNITIZATION RECORDED MAY 1I, 1988 i % i 40;66 .•s\� , f6, ,. p � tiw �.X ♦1., n ecsi'i" ..�-1 �%, S•i ON' �7 1• ON'\1/4> _1 f II' B ‘54,is YdXCEPTIONS TO TITL cc) (C), x ,x 1. ANY AND ALL RIGHTS OF THEY :WESTERN DRAINAGE AND MATER SUPPLY COMPANY• RE ATING TO THE WESITERN MUTUAL IRRIOA:TION DITCH OR c-�• ci:CANALa WHICH ' /tRA'' E SES SUBJEPt 'PROPERTY CSR. IS,',1jESCRIBED AS Ak. 4 ' BOUNDARY OF SUBJECT PROPERTY:INCLUDING BUT N014 LIMITED TO DI CR .0• MAINTENANCE AND .ACCESS RIGHTS TO LANDS ADJOINING THE DIT'CFV>I6R CANAL ASIDESCLOSED I3Y SP ie Ate WARRANTY DEPtRECORDED MARCH 1895 x IN BOOIC 121 AT PAGE 184. s ": .•,1, 1). a , r -) Qi. 2. RESERVATIONS AS CONTAINED ti"4 PATENT OF THE U • TIED STATES CORDED JUNE 24, 1`_ 14 IN BOOK 333 AT PME 73. • • �•i EASEMENT ANA? RIGHT-�OPL AY FOR. A DITCH -AS SET FORTH AND... 14): `!' GRANTED IN1••I ENTUxRE RECORD-EL`S FEBRUARY 15 1'9 6 I BOOK 98 APACiE � .� .. '� T )`. 38. 4,,, EASEMENT AND ARIGHT OF WAY FOR PUBLIC HIGHWAY At.S.LOPCANTED iN 'N Eb RECORDED MAY25, 1938 IN BOOK. 102.6 AT PAGE 432. `4 i,e1 ./• ; ^ ..+; • 14 "VII r.x•. / t �I. �i . 1 /,''‘‘;re ! RESERVATION OF 1/2 INTEREST IN ALL OIL. GAS AND OTHER 'r ti MINERALS TOG ER KITH THE Eq. 'h OF INGRESS AN, EGRESS FOR. IF PURPOSE OF APLORING AND REMOVING SAME A$4..::RESERVED IN D T. RECORDED ,M 23, 1950 IN BOA 1534 AT PAGE 438. • • , t.�.1V U� t.t=,' 11tJ1` l'. . le' • - is" . '1/4 , �s g;,,e..' •, .• CONSENT/JO CORRECTION DECLARATION O ",'FOOLING RECORDS jk,W AUGUST 21, 1 x'89UNDER+ RECEPTION! NO:. 2189117. , \.> 1' • 4.1/4 l*‘ :s• i i<ax N> r r CQNS•ENT TO CORRECTION DECLARATION JA.NtJA.• .Y 17, 1990 UNDER RF CE'PTION NO. 220289 .. _ I (S):. ; }. •F • , J�• f• f i— t• i• ! •, . 114704065,1 r • � ' 4 1 \ 1 • Y • i % , f. 1• J OF POOLING RECORDED 1 •. t� `41: 1 I '%. dsS - S -r\ iT _19 .� 1 3 ye ■ . -5•N y j 5 •N 472'_ 06/18/2021 02:47 Rsti . PS 5 of 6 ,N • _. �./, fr •IS% \: ?N\lS j• �'s �I \t‘t. i . \ %. 7* RIGHT-OF-WAY FOR DP" ,RATION AND MAINTENANCE '.�' NCE OF A. PIPE 1 I -. AS SET FO K I I AND GRANTED IN:AUGHT-OF-WAY GRANT RECORDED APRIL/22, 1975 UNDIER-RECEPTION NO. 105$689. r NIND1,14AINTENANCE FA -PIPE LINE A ET' FORTH AND G RANTED IN RIGHT-OFat. RIGHT-OF-WS,Y7FOR OPERATION 4AY GRANT RECO ED APRIL 011, tf . 1914'2 LTNDER RECEPT1QKNO. 1887536. P. ♦ . (d 1 l \ } , w M' 9. RIGS' OF WAY EA4SEMENTS AND Lf iNSES FOR CONSTRUCTI OR 4 INSTALLMENT L YNG MAINTAINING = LT.ERING REPAI RING% OPERATING A I REMOVING OF:AbAS PIPELINE AS SET'° ORTH. AND GRANT' IN RIGHT OP 'SAY EASEMENT LAND LICENSES RECORDED JUNE 17, 19133, UNDER REC TION NO. 2013632. 4 �� e @.) z :P 10. RIGHT- 'REMOVAL EASEMENT FpRa-t erHE CONSTRUCTION, OPERATION, vtAINTENANCE AN.p EMO AL OF COMMUNICATION UNICATION AND DT.�� FACILITIES, AS ( e . J '•. -� �; •a• /• 1' SET FORTH ANT .. $ANTED IN R.IGHTA P -'SAY .EAS.EMENL: CORDE.D OCTOBE %24, 1988 C.�NDER- �RECEPTI ON NO.21 94 . Lei \-,,, h{ �� • 11 �1 RIGHTS OF HS R ' T1.RCES, INC. TO °QUI-15Y AND MAKE USE OF THE SURFA&OF THE LANDS, AS SET FORTH IN NOT'I E OF OIL AND GAS 'INTERESTS ANI ..:§RFACE USE RECORDED JANUARY 23, 20L).41 � UNDER RECEPTION -NO. 2820947. fir')'' = , O 12. RIGHT -917. -WAY TO LAY, AINTAIN* OPERATE : ,AND REMOVE A PIPELINE FOR 1-1:14‘. TRANSPORTATION OIL AND GAS,,,AS A ' SET FORTH ANID„ ��t:3'`' GRANTED IN PIPELINE RIGHT -OF- RECORDED SEPT TER 10, 2001 UNpElk • RECEPTION ISO. 288. 27. ti\ ,4 \-. .`� tip• •' cz) c?,) ry • r 13. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN MEMORANDUM OF AGREEMENT RK9ORDED OCTOBER. 21, 2002 UNDER. RECEPTION NO. 2997785. ♦ s 1 •\ks ,r r � S . ut 14, TERMS: CONDITIONS A.N . PROVI SIGNS C3 F' SEGREGATION SEGREGATION . sit y - 1K AN AGREEMENT � � O DED OCTOBER 21;; 602 AT RECEPTION . 2997792. -Sirs . r �.C 4� t ;45Y 15. ., atiQUEST FOR NQT.1 1CATION OF SURFACE DEVELOPMENT -PAS EVIDENCED BY INSTRUMENT RECORDER OCTOBER 15, 2007 UNDER RE+ E TION NO, 3511023 _ • I • (: y) ! I CO - '‘'.k 16. REQUEST ;\FOR NOTIFICATIQN• .� (MINERAL ESTAT�, 1A NER) AS tre.,3, bilDENCED BY IN SENT RECORDED tiE:CEMBER 21, 2007 UNDER RECEPTION ,<:V '•dg iif:. NO, 3525268. c •-2P _ ; 6%. �,� `�' ' �� , ,, 17. _T,L,ROPERTY LINE WAIVER AND ACKNOWLEDGEMENT RECORISED ocroBER. i0` 2008 UNDER RECEPTION NO. 3583665 AMY RECORDED FEBRUARY 22 2010 UNDER RECEPTION NO, .3Ea7139. (4�3' ' ,-1 '> r-; • • , ,y• - 0 �� . (I:94c,, -fedt" f b 114704065, K • • • r' 1\, 4 • • 472736i # 06/18/2021 02:47phi'Page 6 of 6 * 43 NJ). M . �\ P. •• .4 t�r'�: Jr 4 4 � r•1 4,r . ! r 18, TE IS, CONDITIONS alt PROVISIONS OF :F N INGS AND DEC RECORDER ,SEPTEIVII3ER 29, 2010 Akt RECEPTION NO. 374790, r, • 19, TERMS CONDITIONS, PROVISIONS, : =BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTAND GRANTED IN 'EASEMENT, RIGHT-OeIAY AND SVREA B USE AGREEMENT RECORDED DECEMBER 14 2011 STN iR RECEPTION 0.3 811954, 9 54. sNctbrx (t9 , a, -)s• 20. C EWANTS, AGREE E1' 'S AND ARRANT$1 AS SET FORTH. 1:1441;) RESTRICTIVE, COVENANTS O , .1 CATION RECOpE ,� OCTOBER 03 1r4 UNDER. RECEPTI ON NO. 405125 I.' . , IN • et, r t 1 = J I 1 = 1. COVENANTS, AGREEMENTS AND 'ARRANTS AS SET; IFORTH IN REVEGETATION COVENANT RECORDED OCTOBER 03, 2014 UNDER'° RECEPTION ENO.4051 252 f c• , t 1� • ICI \ t ��`r y `\ _ r _4 ad- .. ,�` 22. TEI S, CONDITIONS, PR VISIONS, BURDEN ;}OBLIGATIONS AND;:, EASEMENTS AS SET FORTH ANDQIUNTED IN GRANTQF EASEMENT RECO � QED DECEMBER., :0;1. 2015 UNDER REC YITI'ON NO, 4161754. •t 9 vri A •1 i . REQUEST FOR NOTIFICATION OF APPLICATION FOR DEVELOPMENT EN -T AS pilbENCED BY INST WE•NT RECORDED AUGUST 2,, 2018 UNDW_ ECEPTION .N4.-4:420477. �.1 . 24. TERMS, CONDITIONS AN ' CRUDE OIL PURCHASE AND SALE O EEMENT RECORI E `'SEPTrE BER 01, 04P d f ' ti - �- AT RECEPTION,. NO.4625353. t • 14 r .. PROVISIONS Of,MEMORANDUM . MORANDU OE�r ,c 1" c.9% . r . ) 2 5 :10* TERMS, CONDIT! DNS, PROVISIONS, BUkDLNS AND OBLIGAtIONS AS SET FORTH IN MEMORANDUM OF AGREEMENT -RECORDED SEPTENWE O1, 2020 i UNDER RECEPTION NOs Noe) .4'65398 . Q,) s ( `i67 ` -� E `I III j 26-, TER. , ONDITIONS, PR.O` I IONS, BURDENS A1ss,i1, OBLIGATIONS AS . (VY 4% u!.% �.'� ili i9RO A Y. i M�•. �Pw rr!• .a. J ` 1 t J Y s I , r . F4�.nn�y UNDER RECEPTION NO. 4625399. / ..t a , i r ♦ ) 27,- TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONSAS SET FORTH IN 1` EMORANDUM th AGREEMENT P:ECORDED SEPTEMBER 01, 2020 . *ad (C.-: t' 1 ii a • ," k 202!' \.. UNDrilkl RECEPTION NO. 4625400. er% f; ,� N. .�,rr ..,1, ! 28. TERMS, eNDITIONS, PROVISI S BURDENS AND eLIGATIONS AS ,e 1`-' r,,s; \ " SET FORTH IN. ,.: SHORT FORM OF , SOLAR ENERGY DEVELOPMENT ALND,P:ca OPERA I"IOJS LASE ACIREE1�iEN` - �t\ f 1 * T� f� 1�t �i" !1�► T 1� id �� / r !1 A7 n f1 a ,,i \- • ,. • .- l I 114704065.1 • r s St% 1 t ' fort ers 4, ,III , 14. N� ,CORDED NOE ER 13, 2020 uNpElk' f '23;., .1 Jr .1 `C 'k i l.N \1\, V`% � 9 jI 1 • • ,. \. 'r-• s: ♦y 't r� r r" X e t • \% 3 •�I r it\ Jt4ti • 4843529 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 .1,0ca eg , vino , c • V --d_ ti3er SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made as of Octob2020, 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 Stewart title trA1-30 O 112588776.2 Jac . McCle an, Manager �d it "it., evaetisvi A. Carlson, Manager 4(643529 1 U/23/2U2U 11: b8 AM Page 2 of 5 STATE OF COLORADO COUNTY OF WELD } ss. } The foregoing instrument was acknowledged before me as of 4.7 09cR_ , 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: qic)e JOELTRIBELHORN NOTARY PUBLIC STATE OF COLORADO NOTATI ID 19984025730 ;e( E PTiES SEPTEMBER 28, 2022 112588776.2 Notary/P 2 i 4b43519 1 U/23/2U1U 11:54 AM Page 3 of 5 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Southeast Quarter ( EI/4) of Section Twenty (20), Township Four (4) North, Range Sixty-six (66) Nest of the 6ch 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 112588776.2 464:3529 1 U/2:3/202U 11:55 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 -RE 1699 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. 38858+03. 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. 112588776.2 4643529 1 U/23/202U 11:55 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, 197+0 as Reception No. 1544056 and Ratification recorded December 31, 1987as Reception No. 2126549. 28. Right of way for all ditches, laterals and creeks crossing subject property. 29. An unrecorded farm lease dated December 11, 201.9. 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 O 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 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 EXHIBIT Q RECEIVED DEC 2 8 2021 .-vELu COUNTY ,,'��in4tnISSI0NERS December 23rd, 2021 Board of County Commissioners 915 Tenth Street P. O. Box 758 Greeley CO 80632 VIA; Hand Delivered 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 6tn 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 RES URGES, LLC Kyl Regan Project Geologist JAUnited Water & San-141tSection 20tDRMStNotices\Proof Of MailingtNOTICE Cltr Cnty Cmmsrs.doc December 23rd, 2021 VIA: Certified MaiI/Hand Delivered West Greeley Conservation District 4302 WW 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 Borth, 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 began Project Geologist JABestway-21311nouye\DRMS1NOTICE 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 FEE: Section 20 Gravel Mine Permit Dear Clerk to the Board: As a requirement of the Division of Reclamation Mining and Safety (DBMS), 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 Re�Sour Ges, LLC /1177 Kle Regan Project Geologist Confirmation of Receipt: I have received the above reference documents, and will put it on file for public viewing. County Clerk to the Board Date JAUnited Water & San-1411Section 201DRMS\NoticesTroof Of Mailinglletter to clerk_signature regted.doc EXHIBIT S 4 March 9, 2023 COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources Robert Lembke Red Tierra Equities, L.L.C. 8301 East Prentice Avenue, Suite 120 Greenwood Village, CO 80111 Re: Section 20 Gravel Mine — File No. M-2022-001 Red Tierra Equities, L.L.C. 112c Construction Materials Reclamation Application Dear Robert Lemmbke: On March 9, 2023 the Division of Reclamation, Mining and Safety concluded its review of the Construction Materials Reclamation Permit Application submitted to the Division on January 3, 2022. The decision reached by the Division is: Approve. The amount of financial warranty set by the Division for this operation is $5,399,350.00. You must submit a financial warranty in this amount and a performance warranty in order for us to issue a permit. In the event you have requested a financial warranty form, we will provide you with the applicable form. If you have not, please select a type of financial warranty from Rule 4.3, and then contact us so that we can provide you with the appropriate warranty form. We have enclosed a performance warranty form with this letter for your use. PLEASE NOTE THAT MINING OPERATIONS MAY NOT COMMENCE UNTIL A PERMIT HAS BEEN ISSUED BY THE DIVISION AFTER RECEIPT OF YOUR FINANCIAL AND PERFORMANCE WARRANTIES. A PERMIT CANNOT BE ISSUED UNTIL WE HAVE VERIFIED THE ADEQUACY OF YOUR FINANCIAL AND PERFORMANCE WARRANTIES. M-2022-001: Approved Surety and Acreage Reclamation Liability (Required Surety): $5,399,350.00 Approved Permit Acreage: 631.58 Approved Affected Acreage: 631.58 If you have any questions, please contact me by telephone at (303) 866-3567 x 8124, or by email at Peter.hayst)state.co.us Sincerely, P'irysicat Addrress: 1313 Sherman Street, Room 215, C rivers CO 8'203 P 303266.3567 F 301832.8106 Mailing Address: DRMS Ream 215, 1001 E 62ind Ave, Denver! CO 80216 tatos://dmis.cotorado.gov ,fared S. Polls, ±�o�er-��r CyanGibbs:, Executive Director I Virginia Brannon, Director Peter S. Hays Environmental Protection Specialist cc: Kyle Regan 4 COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources PERFORMANCE WARRANTY Permittee/Operator: Red Tierra Equities, L.L.C. Operation known as. Section 20 Gravel Mine Permit Number: M-2022-001 This form is approved by the Colorado Mined Land Reclamation Board ("Board") pursuant to C.R.S. 34-32-117 of the Colorado Mined Land Reclamation Act and C.R.S. 34-32.5-117 of the Colorado Land Reclamation Act for the Extraction of Construction Materials. All parties are on Notice from this Document that: The above listed Operator provides this warranty to the Board in conjunction with a reclamation Permit to conduct the above described mining operation on certain lands in Colorado. The "Affected Lands" are described in the above listed reclamation Permit, and include any Permit Amendment(s) approved by the Division of Reclamation Mining and Safety ("Division"). The Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et seq . ("Hard Rock Act"), and the Colorado Land Reclamation Act for the Extraction of Construction Materials, C.R.S. 34-32.5-101 et seq. ("Construction Materials Act"), both require a permit issued by the Board to include a written promise by the Operator to comply with all requirements of the Hard Rock and Construction Materials Acts (referred to herein together as "Acts") . Through the terms and conditions of this performance warranty and Permit, the Operator agrees to be bound by all requirements of the Acts and all Mineral Rules and Regulations of the Board for Hard Rock, Metal, and Designated Mining Operations (2 C.C.R. 407-1) and all Mineral Rules and Regulations of the Board for the Extraction of Construction Materials (2 C.C.R. 407-4) (referred to herein together as "Rules") . The Operator hereby provides the Board warranties of performance pursuant to C.R.S. 34-32-117(2), (3), and (4)/C.R.S. 34-32.5-117(2), (3), and (4), and promises the Board it will comply with all applicable requirements of the Acts and Rules. The Operator hereby promises the Board it will comply with all of the terms of the reclamation Permit, including any Permit Amendment(s) approved by the Division. This performance warranty obligation of the Operator shall continue until the Operator's liability is released by the Board. The Operator promises to be responsible for reclamation costs up to the amount established by the Board and incorporates its financial warranty to this performance warranty. The Operator agrees to maintain a financial warranty (or warranties) in good standing for the reclamation costs for the entire life of the Permit. The amount of the financial warranty shall be sufficient to assure the completion of reclamation of affected lands if the Division has to complete such reclamation due to forfeiture. If the Board determines the Operator is in default under this performance warranty and the Operator fails to cure such default, the Operator's financial warranty shall be subject to forfeiture pursuant to C.R.S. 34-32-118/34-32.5-118. This performance warranty by the Operator is perpetual and shall remain in full force and effect until all obligations have been met and all associated financial warranty is released by the Board. Any release of liability in a succession of Operators shall comply with C.R.S. 34-32-119/34-32.5-119. The provisions hereof shall bind and inure to the benefit of the parties hereto and their successors and assigns. SIGNED, SEALED AND DATED this day of (date) Operator: Red Tierra Equities, L.L.C. Signature: Name: Title: STATE OF COUNTY OF (month) (year) NOTARIZATION OF OPERATOR'S ACKNOWLEDGEMENT ss. The foregoing instrument was acknowledged before me this by: (name) Notary Public: My Commission Expires day of (date) (month) (year) as of Red Tierra Equities, L.L.C. (title) (Operator) APPROVED: State of Colorado Mined Land Reclamation Board Division of Reclamation, Mining and Safety By: Virginia Brannon Division Director Date Executed: General Seed Mixes for Weld County Sandy Site Mix Sand Bluestem Sand Lovegrass Indian Ricegrass (Champ, Chet) (Bend, Native, Ne27) (Nezpar, Rimrock) Prairie Sandreed (Goshen) Green Needlegrass (Lodorm) Little bluestem (Blaze, Cimarron, Camper) Yellow Indiangrass (Cheyenne, Holt, Scout) Switchgrass (Blackwell, Nebraska 28) Sand Dropseed Total: Wetter Site Mix Western wheatgrass (Arriba, Barton, Rosana) Slender wheatgrass (Pryor, San Luis) Alkaligrass (Fults II, Salt on Sea) Streambank Wheatgrass (Sodar) Switchgrass (Nebraska 28, Blackwell) Green Needlegrass (Lodorm) Sideoats Grama (Butte, El Reno, Pierre) Perennial Ryegrass (Calibra or Garibaldi tetraploid) Sand Dropseed Total: 1.00 Ibs pls/acre 2.50 Ibs pls/acre 3.00 Ibs pls/acre 0.75 Ibs pls/acre 1.50 Ibs pls/acre 0.75 Ibs pls/acre 0.50 Ibs pls/acre 1.50 Ibs pls/acre 0.50 Ibs pis/acre 12.00 pounds pls/acre 3.00 Ibs pls/acre 2.00 Ibs pls/acre 2.50 Ibs pls/acre 2.50 Ibs pls/acre 1.75 Ibs pls/acre 0.50 Ibs pls/acre 1.00 Ibs pls/acre 0.50 Ibs pls/acre 0.25 Ibs pls/acre 14.00 pounds pls/acre Areas North of County Road 68 Mix Buffalo Grass (Texoka, Sharps Improved) Little Bluestem (Blaze, Cimarron, Camper) Sideoats Grama (Vaughn, Butte, Niner, El Reno, Haskell) Blue Grama (Hachital, Covington) Western wheatgrass (Arriba, Barton, Rosana) Switchgrass (Nebraska 28, Blackwell) Perennial Ryegrass (Calibra or Garibaldi tetraploid) Sand dropseed 1.5 Ibs pls/acre 1.5 Ibs pls/acre 2 Ibs pls/acre 3.5 Ibs pls/acre 3 Ibs pls/acre 1.5 Ibs pls/acre 0.75 Ibs pls/acre 0.25 Ibs pls/acre Total: 14.00 pounds pls/acre Areas South of County Road 68 Mix Western Wheatgrass (Arriba, Barton, Rosana) Blue Grama (Hachital, Covington) Sideoats Grama (Vaughn, Butte, Niner, El Reno, Haskell) Smooth Brome (Lincoln, Manchar) Sand dropseed Perennial Ryegrass (Calibra or Garibaldi tetraploid) Slender Wheatgrass (Pryor, Revenue or San Luis) Alkaligrass (Fults II, Salt on Sea) Switchgrass (Nebraska 28, Blackwell) 2.50 Ibs pls/acre 1.50 Ibs pls/acre 2.25 Ibs pls/acre 2.00 Ibs pls/acre 0.25 Ibs pls/acre 0.75 Ibs pls/acre 2.50 Ibs pls/acre 1.25 Ibs pls/acre 1.00 Ibs pls/acre Total: 14.00 pound pls/acre FOR COMMERCIAL OR INDUSTRIAL BUILDINGS, PLEASE COMPLETE THE FOLLOWING INFORMATION: Business Name: Address: Business Owner: Home Address: Section 20 Gravel Mine 20520 Highway 60 Red Tierra Equities, LLC 8301 E Prentice Av Phone: City, state, zip: Phone: City, state, zip: List up to three persons in the order to be called in the event of an emergency: NAME Drew Damiano TITLE 303-902-2564 PHONE 303-534-1234 Platteville, CO 303-659-5000 Greenwood Village, CO 80111 ADDRESS 8301 E. Prentice Ave #120 Greenwood Village, CO 80111 Business Hours: 6 AM - 6 PM UTILITY SHUT OFF LOCATIONS: Main Electrical: Gas Shut Off: Exterior Water Shutoff: Interior Water Shutoff: Days: Monday through Saturday 9/10/21 12 ILI Signed: Weld County Treasurer Statement of Taxes Due Account Number R0909401 Parcel 105720000020 Assessed To CAW EQUITIES LLC 8301 E PRENTICE AVE STE 100 GREENWOOD VILLAGE. CO 80111-2904 Legal Description Situs Address SE4 20-4-66 EXC BEG S4 COR OF SEC THENCE E 1109.37' N0D28'W 23 (' SE9D59'E 190.04' WELD S0D33'E 231' W190.32' TO TRUE POB PT LOT B RE -1699 ALSO EXC LOTS A & LOT B RE -3000 (.45R 1.27D) Year Tax Tax Charge 2022 Total Tax Charge Interest Fees $1,464, 74 $0.00 Payments _ Balance $0.00 ($1,464.74) `0.00 $0.00 Grand Total Due as of 07/25/2023 $0.00 Tax Billed at 2022 Rates for Tax Area 4566 - 4566 Authority WELD COUNTY SCHOOL DIST RE 1 NORTHERN COLORADO WATER (NC PLATTEVILLE-GILCREST FIRE AIMS JUNIOR COLLEGE HIGH PLAINS LIBRARY Taxes Billed 2022 * Credit Levy Mill Levy 15:0380000* 16.6870000* 1.0000000 6.8900000 6.3070000 3.18 l 0000 Amount Values $448.57 AG -FLOOD $497.78 IRRRIGATED LAND $29.83 Total $205.53 $188.14 $94.89 49.1030000 $ l ,464.74 Actual Assessed $113,008 $29,830 $113,008 $29,830 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES - AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK. POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS PAYMENTS MUST BE IN OUR OFFICE AND PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH. Weld County Treasurer's Office 1400 N 17th Avenue PO Box 458 Greeley, CO 80632 Phone: 970-400-3290 Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due issued by the Weld County Treasurer are evidence that as of this date, all current and prior year taxes related to this parcel have been paid in full. y FI1 I �I i Date: 07 1400 N. 17th Avenue, Greeley, CO 80631. PO Box 458, Greeley, CO 80632. (970) 400-3290 Page 1 of 1 Weld County Treasurer Statement of Taxes Due Account Number R8970366 Assessed To Parcel 105720300022 CAW EQUITIES LLC 8301 E PRENTICE AVE STE 100 GREENWOOD VILLAGE, CO 80111-2904 Legal Description Situs Address SW4 20-4-66 EXC COMM SW SEC COR TH N89D39E 499.47 TPOB TH NOODOOW 900 N9ODOOE 13285 COUNTY ROAD 42 WELD 1800 TH 823,03 ALG CRV TO L (R=5046.44 CH=S lOD5OW) TH SOODOOE 82.6 S89D39W 1645.35 TPOB Year Tax Interest Fees Payments Balance Tax Charge 2022 $1,302.62 $0.00 $0.00 ($1..302,62) $0.00 Total Tax Charge $0.00 Grand Total Due as of 07/25/2023 $0.00 Tax Billed at 2022 Rates for Tax Area 2191 - 2191 Authority WELD COUNTY SCHOOL DIST RE I NORTHERN COLORADO WATER (NC CENTRAL COLORADO WATER (CCW CENTRAL COLORADO WATER SUBD PLATTEVI LLE-G 1LCREST FIRE AIMS JUNIOR COLLEGE HIGH PLAINS LIBRARY Taxes Billed 2022 * Credit Levy Mill Levy 15.0380000* 16.6870000* 1 0000000 1.0680000 1.5820000 6.8900000 6.3070000 3.1810000 Amount $378.50 $420.01 $25.17 $26.89 $39.82 $173.42 $158.75 $80.06 51.7530000 $1,302.62 Values AG -SPRINKLER IRRIGATED LAND AG -WASTE LAND Actual Assessed $95,313 $25,160 $30 $10 Total $95,343 $25,170 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES - AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK. POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS PAYMENTS MUST BE IN OUR OFFICE AND PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH. Weld County Treasurer's Office 1400 N 17th Avenue PO Box 458 Greeley, CO 80682 Phone: 970-400-3290 Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due issued by the Weld County Treasurer are evidence that as of this date, all current and prior year taxes related to this parcel have been paid in full. Date: 0-7126\e23 Weld County Treasurer Statement of Taxes Due Account Number 84408786 Assessed To Parcel 105720000015 CAW EQUITIES LLC 8301 E PRENTICE AVE STE 100 GREENWOOD VILLAGE, CO 80111-2904 Legal Description 17145 NW4 20-4-66 & PT N E4 W OF CHESTNUT DITCH (2A) (4R2D) Si tus Address 20524 HIGHWAY 60 WELD Year Tax Charge 2022 Total Tax Charge Tax Interest $3,52246 Fees Payments Balance $0.00 $0.00 ($3,52146} $0.00 $0.00 Grand Total Due as of 07/25/2023 $0.00 Tax Billed at 2022 Rates for Tax Area 2879 - 2879 Authority WELD COUNTY SCHOOL DIST RE 1 NORTHERN COLORADO WATER (NC CENTRAL COLORADO WATER (CC W CENTRAL COLORADO WATER SUBD CENTRAL COLO WATER WELL (CC PLATTEVILLE-GILCREST FIRE AIMS JUNIOR COLLEGE HIGH PLAINS LIBRARY Taxes Billed 2022 * Credit Levy Mill Levy 15.0380000* 16.6870000* 1.0000000 1.0680000 1.5 820000 9.0000000 6.8900000 6.3070000 3.1810000 Amount Values $871.89 $967.52 $57,98 $61.93 $91.73 OTHER BLDGS.- $521.82 AGRICULTURAL $399 48 $365.68 $184.43 PROPERTY NOT INTEGRAL TO AG - LAND PROPERTY NOT INTEGRAL TO AG - IMPROVEMENTS AG -FLOOD IRRRIGATED LAND 60.7530000 $3,522.46 Total Actual Assessed $10,380 $720 $185,234 $12,870 $155,083 $40,940 $13,087 $3,450 $363,784 $57,980 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES - AUGUST 1 TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK. POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS. PAYMENTS MUST BE IN OUR OFFICE AND PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH. Weld County Treasurer's Office 1400 N 17th Avenue PO Box 458 Greeley, CO 80832 Phone: 970-400-3290 Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due issued by the Weld County Treasurer are evidence that as of this date, all current and prior year taxes related to thi, parcel have been paid in full. Signed:V Date: 07 25\20-2-3 Weld County Treasurer Statement of Taxes Due Account Number R4408586 Assessed To Legal Description 17140 NE4 20 4 66 EXC 2A W OF BOB CHESTNUT DITCH (4R) Parcel t 05720000014 CAW EQUITIES LLC 8301 E PRENTICE AVE STE 100 GREENWOOD VILLAGE, CO 80111-2904 Situs Address 20587 COUNTY ROAD 29 WELD Year Tax Tax Charge 2422 $3,705.34 Total Tax Charge Grand Total Due as of 07/25/2023 Tax Billed at 2022 Rates for Tax Area 2879 - 2879 Authority WELD COUNTY SCHOOL DIST RE NORTHERN COLORADO WATER (NC CENTRAL COLORADO WATER (CCW CENTRAL COLORADO WATER SUED CENTRAL COLO WATER WELL (CC PLATTEVILLE-GILCREST FIRE AIMS JUNIOR COLLEGE HIGH PLAINS LIBRARY Taxes Billed 2022 * Credit Levy Mill Levy 15.0380000* 16.6870000* 1.0000000 1.0680000 1.5820000 9.0000000 6 8900000 6.3070000 3.1810000 Interest Fees Payments $0.00 $0.00 ($3,705.34) Amount $917.19 $1,017.74 $60.99 $65.13 $96.48 $548.91 $420.22 $384.67 $194.01 60.7530000 $3,705.34 Values AG -FLOOD 1RRRIGATED LAND FARM/RANCH RESIDENCE -IMPS OTHER BLDGS.- AGRICULTURAL Actual $153,972 $206,728 $22,621 Balance $0.00 $0.00 $0.00 Assessed $40,650 $14,370 $5,970 Total $383,321 $60,990 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES - AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK. POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS PAYMENTS MUST BE IN OUR OFFICE AND PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH. Weld County Treasurer's Office 1400 N 17th Avenue PO Box 458 Greeley, CO 80632 Phone: 970-400-3290 Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due issued by the Weld County Treasurer are evidence that as of this date, all current and prior year taxes related to this parcel have been paid in full. Signed: l' Date: VIL1/46\2_0e2:3 Weld County Treasurer Statement of Taxes Due Account Number R090930 Assessed To Parcel 105720000019 CAW EQUITIES LLC 8301 E PRENTICE AVE STE 100 GREENWOOD VILLAGE. CO 8011 I-2904 Legal Description PT SE4 20-4-66 LOT B REC .EXEMPT RE -3000 (2.08R 1.27D) Year Tax Sites Address WELD Interest Fees Payments Balance Tax Charge 2022 $502.82 $0.00 $0.00 ($502.82) $0.00 Total Tax Charge $0.00 Grand Total Due as of 07/25/2023 Tax Billed at 2022 Rates for Tax Area 4566 - 4566 Authority WELD COUNTY SCHOOL DIST RE I NORTHERN COLORADO WATER (NC PLATTEVILLE-GILCREST FIRE AIMS JUNIOR COLLEGE Mill Levy 15.0380000* 16.6870000` 1.0000000 6.8900000 6.3070000 HIGH PLAINS LIBRARY 3.1810000 Taxes Billed 2022 * Credit Levy Amount $154.00 $170.88 $10.24 $70.55 $64.58 $32.57 49.1030000 $502.82 Values AG -FLOOD 1RRRIGATED LAND Total Actual $38,773 $0.00 Assessed $10,240 $38,773 $10,240 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES - AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK. POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS. PAYMENTS MUST BE IN OUR OFFICE AND PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH. Weld County Treasurer's Office 1400 N 17th Avenue PO Box 458 Greeley, CO 80632 Phone: 970-400-3290 Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due issued by the Weld County Treasurer are evidence that as of this date, all current and prior year taxes related to this parcel have been paid in full. Slgned.iv'l l Date: 07126\2a: 1400 N. 17th Avenue, Greeley, CO 80631. PO Box 458, Greeley, CO 80632. (970) 400-3290 Page 1 of 1 Hello