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Home My WebLink About20250182.tiffResolution Approve Structure Agreement for County Road 27 Within 200 Feet of Proposed LTS Topsoil Mine Site and Authorize Chair to Sign — LTS Performance Horses, LLC, c/o Dakota Rathburn Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and Whereas, LTS Performance Horses, LLC, do Dakota Rathburn, submitted a Construction Material Regular 112 Operation Reclamation Permit Application to the Colorado Division of Reclamation, Mining, and Safety (DRMS) for the removal of 10-14 inches of topsoil from irrigated farmland, with Permit #M-2024-055, and Whereas, the Board has been presented with a Structure Agreement for County Road 27 within 200 feet of the proposed LTS Top Soil Mine Site between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Departments of Planning Services and Public Works, and LTS Performance Horses, LLC, do Dakota Rathburn, represented by AGPROfessionals, located at 3050 67th Avenue, Suite 200, Greeley, Colorado 80634, for a parcel of land located on the following described real estate, to -wit: Lot B of Second Amended Recorded Exemption, 2AMRECX19-01-2877, located in part of the SE1/4 of Section 18, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado Whereas, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the Structure Agreement for County Road 27 within 200 feet of the proposed LTS Top Soil Mine Site between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Departments of Planning Services and Public Works, and LTS Performance Horses, LLC, do Dakota Rathburn, be, and hereby is, approved. Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign said agreement. cc'. pL (D£/Nl i/ER/DA/S-rht\ Pc..) (cH /ON /DD /S(i), c�Cgt3/rcM') 1 /23/25 2025-0182 PL0073 EG0083 Structure Agreement for County Road 27 Within 200 Feet of Proposed LTS Topsoil Mine Site - LTS Performance Horses, LLC, c/o Dakota Rathburn Page 2 The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 15th day of January, A.D., 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro-Tem: Aye Jason S. Maxey: Aye Lynette Peppier: Aye Kevin D. Ross: Aye Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 2025-0182 PL0073 EG0083 111 AGPROfessionals DEVELOPERS OF AGRICULTURE December 27, 2024 CERTIFIED IVIAIL/RETURN RECEIPT REQUESTED # 9412 8112 0620 6884 9912 43 Weld County Planning Services Attn Dawn Anderson, Development Review Manager Weld County Planning Services 1402 N. 17th Ave Greeley, CO 80631 Re: AGPRO Project #2253-01 LTS Performance Horses, LLC Topsoil. Mine, M-2024-055 Ms, Anderson: This letter is to inform you that LTS Performance Horses, LLC (Applicant) is fling for a Colorado Division of Reclamation. Mining, and Safety (DRMS) Construction Material Regular (112) Operation Reclamation Permit for theremoval of 10-14inches of topsoil from irrigated. farmland. The mining permit number is M-2024-055. Applicant's property more particularly described below. Legal Description: Lot B 2AMRECX19-01-2877 located in part of the Southeast Quarter of Section 18, Township 6 North, Range 66 West of the 6" P.M.; Weld County, Colorado. The site access is on County Road (CR) 27 approximately / mile north of Highway 392. The existing access road is within a 35 -foot access and utility easement for the benefit of Lots A: and B of 2AMRECX19-01-2877. The proposed grading activities are over 200 feet west of CR 27. The access road is part of the 'Affected Land' of the mining activities. Pursuant to the DRMS regulations for 112 permits for permanent man-made structures within 200 -feet of the `Affected Land,' we are requesting a signed Structure Agreement for CR 27 stating that Weld County will be: compensated for any damage from the proposed mining operation to CR 27. Following approval of mining permit no. M-2024-055, a Weld County Use by Special Review (USR) application will be; submitted for the topsoil removal activities. AGPRO anticipates that a Road Maintenance Agreement will be a condition of approval of the USR. We are requesting the signed Structure Agreement for M-2024-055 with the understanding that a future Road Maintenance Agreement will be entered into with the USR prior to operation. Enclosed are the Structure Agreement, 2AMRECXt9-01-2877 plat, draft Mining Maps, draft Mining Plan, and draft Reclamation Plan for reference. ENGINEERING, PLANNING, CONSULTING & REAL ESTATE HQ & Mailing: 3050 67`h Avenue, Suite 200, Greeley, CO 80634 1 970-535-9318 office 1970-535-9854 fax Idaho: 213 Canyon Crest Drive, Suite 100, Twin Falls, ID 83301 1208-595-5301 www.agpros.com Page 2 of 2 If you have any questions, please feel free to contact us at (970) 535-9318, or kbruxvoort@agpros.com. We will be representing the Applicant throughout the application process. Sincerely, ketseu BYr4.wooe Kelsey Bruxvoort Land Planner Enclosures: 1. Structure Agreement 2. 2AMRECX19-01-2877 plat 3. Mining Maps 4. Mining Plan 5. Reclamation Plan Structure Agreement This letter has been provided to you as the owner of a structure on or within two hundred (200) feet of a proposed mine site. The State of Colorado, Division of Reclamation, Mining and Safety ("Division") requires that where a mining operation will adversely affect the stability of any significant, valuable and permanent man-made structure located within two hundred (200) feet of the affected land, the Applicant shall either: a) Provide a notarized agreement between the Applicant and the Person(s) having an interest in the structure, that the Applicant is to provide compensation for any damage to the structure; or b) Where such an agreement cannot be reached, the Applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or c) Where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility. ( Construction Materials Rule 6.3.12 and Rule 6.4.19 & Hard Rock/Metal Mining Rule 6.3.12 and Rule 6.4.20) The Colorado Mined Land Reclamation Board ("Board') has determined that this form, if properly executed, represents an agreement that complies with Construction Materials Rule 6.3.12(a), Rule 6.4.19(a), and C.R.S. § 34-32.5-115(4)(e) and with Hard Rock/Metal Mining Rule 6.3.12(a), Rule 6.4.20(a), and C.R.S. § 34-32-115(4)(d). This form is for the sole purpose of ensuring compliance with the Rules and Regulations and shall not make the Board or Division a necessary party to any private civil lawsuit to enforce the terms of the agreement or create any enforcement obligations in the Board or the Division. The following structures are located on or within 200 feet of the proposed affected area: 1. County Road 27 2. 3. 4. 5. (Please list additional structures on a separate page) CERTIFICATION The Applicant, LTS Performance Horses LLC (print applicant/company name), by Dakota Rathbun (print representative's name), as owner (print representative's title), does hereby certify that Weld County (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for LTS Topsoil Mine (operation name), File Number M-2024-055 . This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the Extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this form. TARY OR PERMIT APPLICANT ACKNOWLEGED BY: Applicant LTS Perfo Date f//7/z STATE OF -W4 S ) COUNTY OF bexte or` Horses LLC Representative Name Dakota Rathbun SS. Title Owner '�f r g9i s was acknowledged before me this day of A /l/ 20Z , b n "'�`�cr`- as (U of C_ /1„,, . . , My Commission Expires: n 7'' 2_6-.— '2. 2 '7 itt blic /ibuwt MOva9a'I Notary Public NOTARY FOR STRUCTURE OWNER ACKNOWLEGED BY: Perry L. Buck Structure Owner Weld County Name Title Chair, Board of Weld County Commissisoners Date January 15, 2025 STATE OF ss. COUNTY OF The foregoing was acknowledged before me this 1 5 day of J 1 i V , , 20 n by Pelfintj_L. 6q0_14.- as SJC]C V of o• b rn t I one✓ My Commission Expires:4t131 bv Z20 HOUSTAN MARIE ARAGON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 50244035426 MY COMMISSION EXPIRES SEPTEMBER 20, 2028 �!,%}IMYN19f If N1/JIMAYIRN�NY � tl. AMENDED RECORDED EXEMPTIONO 080.5-18-42AMRECX19-012877 Being a Replat of Lots A and B, Amended Recorded Exemption No. 0805-18-4 AMRE-2877, Situate in the Southeast Quarter of Section 18, Township 6 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado sxa mw Nr .e» mm s ie (31. s�To s �rm"�v?ruit.�i�ol tiw'w1pmCNA e�iWA{F»B MwC. MF�,P�A- eor ar oxm.°s. ]atv. nr .m DIMON ,n. ts.,.„, ».». Yl6db IIM 99,.. .:.ine°.". wwi.+ as a air , re-m4.t qa emmevte w.r. rm..td »e e a un¢-znr vv W '::74•Fm.:17d• b m.n q. 54. »bm as a.'� v..w run.n�u� , mm�'i..�°vn�M u.. a.nmr .,, :7..4747 gym.., i9�R4 t. w .we. or mMn v N.."ta t» 44�v�1 M a .s"r.a b �Lmt1.a b+w...v.r mrw.e' tx, nb t. °vnb.»» .t�w..v�v�nh a. Nnx�.e'nw mi.in ..»weeewta»ea. emeM Bw. 5 ro m» ®� m..ro GY tn'm�a an rm� 't°ymfe.romr u M°�.cti mm.'�wM�mttw.s ��' WM (mry RJ m 3�_ a VICINITY MAP 20190919A-9EC% otewe9cA0 3019091!-A 1 ■IF7";""4",■AI AMENDED RECORDEDEXEMPTIONNO. 080518-42AMRECXJ9 012877 Being a Replat of Lots A and B, Amen¢odY?aorded Exmption No. 0805-18-4 AMRE-2872 e, Situate in the Southeast Quarter of Section'18, Township 6 North, Range 66 West of't1 6t6 P.M., `0ounty of Weld, State of Colorado SCALE IN GEET SCALE: t"=200• LEGEND 2. [xrsnxo AL¢avpin 1.1 LINE TABLE BEARING ttl, TABLE w{BSEfIr:'R�nil B�wps GELro I r�L1�BEAPIwNG 20190618A—REC% stuF:t"�200' �*s 20190618-A 2 4ff£T2 0E2 AGPROfessionals DEVELOPERS OF AGRICULTURE LTS Performance Horses LLC LTS Topsoil Mine DRMS Construction Material 112 Permit Case No. M-2024-XXX LTS PERFORMANCE HORSESt01 - 112 MINING PERMI1 & WC USR1©AUTOCAD©SITE12253-01 VIC MAP DATE OF PLOT: Septemt LTS PERFORMANCE HORSES LLC DATE: 9/18/24 AGPROfessionals - ------ DEVELOPERS OF AGRICULTURE 3050 67th Avenue, Suite 200, Greeley, CO 80634 (970) 535-9318 - fax: (970) 535-9854 213 Canon Crest Dr, Suite 100. Twin Falls, ID 83301 (208) 595-5301 EXHIBIT B - INDEX MAP SCALE: WELD COUNTY, CO 1 " = 1,000' Exhibit C Pre -Mining and Mining Plan Maps of Affected Lands 111 AGIROfessionals DEVELOPERS OF AGRICULTURE LTS Performance Horses LLC LTS Topsoil Mine DRMS Construction Material 112 Permit Case No. M-2024-XXX 1 I - I • I U - - >i< _ "_= L _ _= i =I ` __ \a>!_ _ `l 1 { � 1 t __ __ �k air 1 - 1 ` N.\ \— s� �_ 4IMIIII. al a+•aa>• ` 1 1, 6 " `� SI (1 l ill • . .- I 1 ti - -I - ` 1 -•it II ...- \ \\ le \ t I SI 4 _ z , I ` II . I .. _ e_ ,� _ I I >i: o• •` t9 ti _.1). -0 I 1 1 Z i F. Z I ` 1 I . //7/2/ l C.) I at 4 i Me" I I A es gi E , I I / / r r - is i I I II ',I,y xi Tr -r- g it L r r fimissolle , r -- {{ , ., ..... .. ...r a cal=)-- / / Z i , I* `IC_ --_12's D4: \ t ; _ _._ _ . 7- : _-_-_-.f-,-- _ ii. 1' rl' _ _ J ._ / _ _ `'� / t .;r 1. _ i t . 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Q'VA Blom Mb Enn . i r r =i i 2 a n s i a 8 y y!Wig! > 1 3 11 ii yS If r i ir 7r x 31 Rita apptgl DDDT g Ili . _b a F F ll [ f� >. ii i n n • a Q . A - a 111x.1 fiQll!_Q rg14111% @mjjv. Q f R ll^11 1-4 14A) is $F :tea �'-:�� c w v , > k' > _. Z i4--iigi .. t -• rD - F m g tfil= ^g C m i T�}1 f : � ant No, 4152720. XTR **am, LLC P rry 7QB '" .Z p r m it -gi i 1m SSA g LA unO c —I R,3 ABBREVIATIONS OS Out titillIXTIG RES RE3ICENCE TP TRMNaS$ON PCKI QQ Q p p �' 6) §t 2�S §Z g iJ II E 3 z z Y .Z ri 0'9g tl a} eigi i d nZ CO c ;s O i i A ��Si S i 4 l 11 4 if i lI i r- ypLy pqs {yrj 1!„! f. r b ,* 1 rill u. v Q ! 3 a 2 ii 1 0, I is II ilt la»acti 4• 0 g _ -R ii a iii ; I R fa W on cCI -.-... R... i .w-1.....•i1►-i' SHEET MP -1 LTS PERFORMANCE HORSES LLC _� IWO*'0.%S. '" �, � �, �� 4 , ,i *Spa AGPROfessionals DEVELOPERS OF AGRICULTURE OSIA ;, OS ISM cA<<<.`'1 1 EXHIBIT C - PRE -MINING & Greeley, o �,"`e200 (970) 53'x9318 - fax (970„ 535-9854 Z„ TwinFela �d330a ,°` (208) 595-5301 MINING WE PLAN L COUNTY. CO MAP Introduction LTS Performance Horses LLC (LTS) is requesting this Construction Material Regular (112) Operation Reclamation Permit for the removal of 10-14 inches of topsoil from irrigated farmland. The property is described as Lot 13 2AMRECX19-01-2877 located in part of the Southeast Quarter of Section 18; Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado. The approximately 132 -acre site contains approximately 105 -acres of active agricultural land under a center pivot irrigation system and 27 -acres of "dry corners" outside of the center pivot irrigation range. LTS proposes to mine topsoil from approximately 78 -acres. Topsoil will be taken off --site for use on various oil and gas sites throughout Weld County. Reclamation of the site will consist of re -grading to support an appropriate seedbed for revegetation. Following mining activities, the disturbed area will be regraded, tilled and re -planted and will continue to be leased for growing corn. LTS is proposing to mine the upper 50-80 percent of topsoil from the irrigated portion of the site. Approximately 10=14 inches of topsoil will be removed, leaving at least 3=6 inches on site for reclamation purposes. The goal is to remove approximately 157,480 tons of topsoil over the course of two years: Mining Methods and Earthmoving A variety of earthmoving equipment will be used, including loaders, dozers, scrapers, and haul trucks. Water trucks will be used as necessary for dust control. Mined topsoil will be temporarily stockpiled in the northeast corner along the existing access road and Weld County Road 27. The topsoil will be loaded onto haul trucks for transport to the end user. No explosives will be used for extraction operations. Water Diversions and Impoundments The topsoil will be dry mined and will not result in the need for dewatering. The operation will not require any water diversions or impoundments: AGPROfessionals DEVELOPERS OF AGRICULTURE LTS Performance Horses LLC LTS Topsoil'Mine DRMS Construction Material 112 Permit Case No. M-2024-XXX Page 2 of 2 Mining Limits Topsoil excavation will occur within the boundary of Lot B 2AMRECX19-01-2877. The mining limits are shown on Exhibit C Pre -Mining and Mining Plan Maps of Affected Lands and are generally described as that portion of the site irrigated by the center pivot.. Within that irrigated area the mining limits are further restricted by setbacks from properly lines and existing structures and easements. The mined area will encompass approximately 78 -acres of the 132- acre site. Mine Phasing Topsoil excavation will occur in two phases, as depicted on Exhibit C = Pre -Mining and Mining Plan Maps of Affected Lands. Phase 1 will be the northeastern half of the site and Phase 2 will be the southwestern half of the site. Phase 1 is expected to be mined in year one and reclaimed concurrently. Phase 2 is expected to be mined in years one and two and reclaimed concurrently. Final reclamation is expected to be completed within one to two years from the end of excavation for each phase, but not more than five years from the date each phase has commenced. Commodities and Intended Use Topsoil will be the only product mined. No secondary commodities or incidental products are anticipated. The topsoil will be taken off -site for use at various oil and gas sites throughout Weld County. Roadways There is an existing roadway that runs along the northern portion of the site which will be used for the mining activities. The access point for this roadway is on Weld County Road 27, approximately 'A mile north of Highway 392. As the roadway currently supports heavy agricultural equipment, no on -site roadway improvements are anticipated. No off -site roadway improvements are anticipated as Weld County Road 27 is a paved arterial and Highway 392 is a paved state highway. Reclamation Plan Introduction LTS Performance Horses LLC (LTS) is proposing the removal of 10-14 inches of topsoil from irrigated farmland through the Construction Material Regular (112) Operation Reclamation Permit process. The property is described as Lot 13 2AMRECXI9-01-2877 located in part of the Southeast Quarter of Section 18; Township 6 North, Range .66 West of the 6th P.M., Weld County, Colorado: The approximately 132 -acre site contains approximately 105 -acres of active agricultural land under a center pivot irrigation system and 27 -acres of "dry corners" outside of the center pivot irrigation range. LTS proposes to mine topsoil from approximately 78 -acres. Topsoil will be taken off -site for use on various oil and gas sites throughout Weld County. Reclamation of the site will consist of re -grading to support an appropriate seedbed for revegetation. Following mining activities, the disturbed area will be re -graded, tilled, and re -planted and will continue to be leased for growing corn. This Reclamation Plan has been developed in accordance with the requirements of 6.4.5 Exhibit E - Reclamation Plan in the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials (Rules). This plan describes procedures necessary for reclamation of the disturbed area. This plan will address re -grading, re- seeding, weed control, stormwater mitigation, monitoring, annual reporting, post -reclamation inspection and release of warranties. The operator, and all personnel working on this project, should be familiar with this Reclamation Plan prior to the commencement of mining activities. Existing Conditions Location: Northwest corner of Highway 392 and Weld County Road 37 Part of the Southeast Quarter of Section 18, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado Weld County parcel no. 080518400004 Size: Total property area: 131.897 -acres Total area of disturbance: 83.41 -acres IIIDEVELOPERS OF AGRICULTURE AGPROfessionals LTS Performance Horses LLC LTS Topsoil Mine DRMS Construction Material 112 Permit Case No. M-2024-XXX Page 2 of 7 Current Land Use: Agriculture Vegetation: Soils: Climate: Water Resources: Existing: Irrigated cropland Following Reclamation: Irrigated cropland Loam tofine sandy loam. Dominant soil types include Kim loam, Nelson fine sandy loam, and Olney fine sandy loam: Mean annual precipitation: 12 to 16 inches Mean annual air temperature: 46 to 55 degrees Fahrenheit Frost -free period: 130 to 170 days An existing irrigation pond is located in the northwestern corner of the site, approximately 50 -feet from the proposed area of disturbance. There is a field ditch crossing the northeastern portion of the property, which ties into the Greeley Number 2 Canal on the east side of Weld County Road 27. The field ditch is approximately 250 -feet from the proposed area of disturbance. Wildlife: No critical wildlife habitat or wildlife species will be impacted by the proposed operation. Project Description LTS is proposing to mine the upper 50-80 percent of topsoil from the irrigated portion of the site. Approximately 10-14 inches of topsoil will be removed, leaving at least 3-6 inches on site for reclamation purposes. The goal is to remove approximately 157,480 tons of topsoil in two phases over the course of two years. LTS is the landowner and operator of the mining activity and will be responsible for reclamation of the disturbed area. Reclamation Methods Mining and reclamation will occur in two phases: Phase 1: northeastern half (36.6 -acres) (mined in year one and reclaimed concurrently) Phase 2: southwestern half (41.76 -acres) (mined in years one and two and reclaimed concurrently) Phasing is depicted on Exhibit F Reclamation Plan Map. Within the first year following permit approval, the operator will mine topsoil from the northeastern portion of the site then commence reclamation procedures. Active farming will continue on the southwestern portion of the site during Phase 1. Upon completion of topsoil excavation from the northeastern portion of the site, the operator will mine topsoil from the southwestern half of the site then commence reclamation procedures. Backfilling and grading will be completed as soon as feasible after the mining Page 3 of 7 process is complete. Phase 2 may start in year one, depending on how quickly Phase 1 is completed: The mining operation is expected to be completed within two years: Long-term stockpiling and stabilization of topsoil will not be necessary. The extracted material will be removed from site and sold to a third party. During this process, the topsoil will be handled as little as possible to maintain soil health and fertility. Staging A staging area will be located in the northeastern corner of the site near the site access road. The staging area is approximately 5 -acres and will provide an area for equipment storage and loading operations. The inclusion of a staging area will minimize soil compaction across the disturbance area. Grading and Erosion Control During active mining, erosion prevention and sediment control Best Management Practices (BMPs) will be installed to minimize erosion from disturbed surfaces and to capture sediment on -site. The proposed BMPs will be included on the final Grading Plan in conjunction with the Colorado Department of Public Health & Environment (CDPHE) Storm. Water Discharge Permit and Stormwater Management Plan (SWMP). Final grading will support an appropriate seedbed for revegetation and will be traversable by farm machinery. Manure and fertilizer will be applied as necessary to support crop growth. All grading shall be done in a manner to control erosion and siltation of the affected lands and to protect areas outside the affected land from slides and other damage. The anticipated post reclamation slope gradient will be similar to the present slope. As required, the maximum gradient will not exceed a 3:1 slope. Seeding and Revegetation Following mining activities, the Phase 1 and Phase 2 areas will be revegetated to establish diverse, effective, and long-lasting vegetative cover. The operator will till the disturbed areas. to prepare an appropriate seedbed for crop planting. Soil samples are recommended to identify nutrient deficiencies and determine if fertilizer application or soil amendments are needed. Planting corn typically occurs between mid -April to late -May, weather dependent. Planting will be done with typical farming techniques. The planted field will continue to be irrigated by the center pivot irrigation system. In the staging area, stockpiling of material will take place on undisturbed ground and topsoil won't be removed. Once the temporary stockpile material and equipment has been removed, the site will be re -graded to approximate pre -disturbance grade. No root zones need to be created as the underlying material is soil. The seedbed shall be firm and free of weeds. In areas where there is excessive compaction, tillage, such as chiseling and discing, shall be Page 4 of 7 done to break up the compaction then harrowed down. The area will then be re -seeded using an approved seed mixture, Dormant planting is possible any time after October 15th or when temperatures are cold enough to prevent seed germination. Seeding on frozen soils will be avoided. Planting may also be done in the print until the end of April or early May and between July l st and September 1St. The recommended reclamation seeding mix of the stockpile area is the Weld County General Seed Mix for areas north of County Road 68. The seed mix is as follows • Buffalo Grass (Taxoka. Sharps Improved) Little Bluestein (Blaze, Cimarron, Camper) S ideoats Grama (Vaughn, Butte, Niner, El Reno. Haskell) • Blue Grama (Hachital, Lovington) • Western Wheatgrass (Arriba, Barton, Rosana) • Switchgrass (Nebraska 28, Blackwell) Perennial Ryegrass (Calibra or Garibaldi tetraploid) Sand Dropseed 1.5 lbs pls/acre 1.5 lbs pls/acre 2 lbs pls/acre 3.5 lbs pls/acre 3 lbs pls/acre 1.5 lbs pls/acre 0.75 lbs pls/acre 0.25 lbs pls/acre Total: 14 pounds pls/acre Seeds will be planted immediately following completionof mining activities to decrease competition from noxious weed species. Seeds will be planted using drill seeding at the appropriate depths. A one-time application ofmanure/compost mix will be applied to the seeded area for stabilization and fertilization. The seeded areas will not be irrigated. Noxious Weed Management Various state and local regulations require management of noxious weeds. If established quickly, crop cover and standard farming practices will help suppress weed growth. The operator will monitor disturbed areas for noxious weeds during the mining operation. Currently, there are no noxious weeds identified on the subject property. The majority of the site has been under continuous crop cultivation. The greatest period of susceptibility for weeds to establish themselves is during temporary stockpiling and the start of reclamation procedures. Operator will survey the site regularly and monitor weed conditions. Should noxious weeds be identified; the operator will work to eradicate the weeds. Mechanical control methods such as pulling, mowing, and tilling and chemical control methods with the use of herbicides will be used. Proper identification of the suspected noxious weed will ensure the appropriate control methods are utilized. A complete list of Colorado noxious weeds can be found at https://ag.colorado.gov/conservation/noxious-weeds/species-id. If excavation activities are completed before the growing season begins, preventative measures such as spraying will be taken. Establishment of crop cover will be the most effective method of long-term weed suppression. Page 5 of 7 Upon completion of the mining activities, the stockpile area will be reseeded with native grass according to the recommended seeding procedures and seed mix described above. Trash, Debris, and Materials Handling Trash and debris will be collected in a covered dumpster, removed from the site at an appropriate rate, and properly disposed of No explosives or hazardous materials will be needed to extract topsoil. Water Pursuant to Rule 3.1.6 and Rule 3.1.7 compliance with applicable federal and Colorado water quality laws and regulations, including statewide water quality standards and site -specific classifications and standards adopted by the Water Quality Control Commission, and applicable federal and Colorado dredge and fill requirements is required. Given the limited depth of topsoil removal, the proposed mining activities are not expected to have an impact on water quality. Compliance with applicable laws shall be adhered to. Wildlife All mining and reclamation activities shall take into account the safety and protection of wildlife. As the reclamation procedures will return the site to current conditions, the post reclamation conditions for wildlife are expected to be similar to current conditions for wildlife. Additional wildlife information is presented in Exhibit H. Signs and Markers Pursuant to Rule 3.1.12,: the Operator shall post a sign at a minimum size of eleven (11) by seventeen (17) inch with appropriate font size, including the name of the Operator and the operation name, a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board, and the permit number. The boundaries of the affected area will be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries. Spill Reporting Pursuant to Rule 3.1.13, the operator will report any spill of hazardous or toxic substance to the Office of Mined Land Reclamation (Office) within twenty-four (24) hours. Post Mining Land Use The proposed post mining land use is the current land use, irrigated cropland. The subject property is zoned agricultural and surrounded by farmland. The post mining land use is consistent with Weld County's allowed uses in the Agricultural Zone District as farming is a use by right activity. No public use of the property is expected in the foreseeable future. Page 6 of 7 Schedule Reclamation is expected to be completed within one to two years from the end of excavation, but not more than five years from the date each phase has commenced. Financial Warranty The Operator will supply to the Office a Performance and Financial Warranty in accordance with Rule 4. Refer to Exhibit L - Reclamation Costs. Annual Report and Fees Pursuant to Rule 1.15 Annual Report Inclusions, the Annual Report shall include all information specified on the Annual Report Form, in the format required by the Office, including the following: An updated statement regarding the sufficiency of the value of the. Financial Warranty. • A map that accurately depicts the permit boundary, current affected area boundary, location of the acres affected during the current report year, acres reclaimed during the current report year, estimated new acreage to be affected in the nextreport year, and acres to be reclaimed in the next report year. On the anniversary date of the Notice of Intent (NO1) approval, the operator shall submit to the Office an annual fee, as specified in Section 34-32.5-125, C.R.S. Change in Address, Ownership, and Business Name Pursuant to Rule 1.16 the Operator shall promptly notify the office of any change in mailing address, transfer of land ownership, and official business name associated with the Performance and Financial Warranty. Where an Operator files a petition of bankruptcy, the Operator shall immediately notify the Office via certified mail of such filing. Post -Reclamation Inspection and Release of Warranties Each Phase will be reclaimed pursuant to the Rules. Pursuant to Rule 3.1.3, all reclamation shall be carried to completion by the Operator with all reasonable diligence, and each phase or reclamation shall be completed within five (5) years from the date the Operator informs the Board of Office that such phase has commenced, or from the date the Office has evidence that mining or exploration has ceased, unless extended by the Board or Office. The 5 -year period may be applied separately to each phase as it is commenced throughout the life of the mine. Pursuant to Rule 4.17.1, the Operator or any mining operation processing a 110 Limited Impact Permit, or a 111 Special Operations Permit, or a 112 Reclamation Permit may file a written notice of completion of reclamation and request for release of reclamation responsibility with the Office whenever an Operator believes any or all requirements of the Act, the Rules and Regulations, and the approved reclamation plan have been completed with respect to any or all Page 7 of 7 of the Affected Lands. The Operator shall include in the notice of the Office the names and addresses and phone numbers of all owners of record to the affected land. The written notice requesting release shall be sent by Certified Mail and be separate from other types of communication to the Office. Such notice shall contain a signed statement by the Operator or their agent that all applicable portions of the Reclamation Plan requirements have been satisfied in accordance with the Rules and all applicable requirements under the Act. Pursuant to Rule 4.17.2, the Office upon receipt of said notice of completion of reclamation, shall immediately provide notice to all owners of record of the affected land and to the county(s). The Office shall, within sixty (60) calendar days after receiving said notice, or as soon thereafter as weather conditions permit, inspect the lands and reclamation described in the notice to determine if the Permittee has complied with all applicable requirements. If the Office fails to conduct an inspection within the time specified in Rule 4.17.2(2) or fails to advise the Permittee of deficiencies within the time specified in Rule 4.17.2(4), then all Financial Warranties applicable to reclamation described in the notice shall be deemed released as a matter of law. Where the Office finds that a Permittee has not complied with the applicable requirements of the Act, Rules and Regulations, or the approved reclamation plan, it shall advise the Permittee of such non-compliance not more than sixty (60) calendar days after the date of the inspection. Where the Office finds that a Permittee has successfully complied with the requirements of the Act, Rules and Regulations, and the approved reclamation plan, the Office shall release all applicable performance and financial warranties. Release (pending an appeal) shall be in writing and mailed within thirty (30) calendar days to the Permittee after the date of such findings. However, an appeal to the release of the financial and performance warranties shall stay the release on the thirtieth (30) day pending a Form Board Hearing. Reclamation Plan Map See attached map. Exhibit F AGPROfessionals DEVELOPERS OF AGRICULTURE LTS Performance Horses LLC LTS Topsoil Mine DRMS Construction Material 112 Permit Case No. M-2024-XXX -H DTI I n r z ro a W r 7 _ ir t 1 1 1 • B Mx INN i Ann) 111r -Q111 (S • aw- 1 t— "' 4 a T 1 + T 1 emir one ells =jai f 3 8 a ane/std sqi STO Perennial Ryegrass (Calibre or Garibaldi tetraploid) as/Sid sql S['0 a X aix/std sal S't s C A C 9 a�x/sld sal SE Sufroats Grarna (Vaughn, Butte, Ntner, El Reno, Haskell) 2 lbs pls/acre a.x/sld sql S't am/sld sal S•t XIW O33S 1VUBN3J a. _ 4 / t ¶x101118 SNOUYIABSSSV N)113 DWI - COONtY ROAD f? - A C F R Z O -1 cn m 410 SSVHU ]NIVN 31(1* iO6 U.b3dOtid a a a N I- A 0 UPI f l a ETA el HUMS H31VM tall A 3 A a is t ag r m G) m a t. 7 • In • n-ta ^ - • --Y .n I sac ^•f• • R ear -on wirM, -:' LTS EXHIBIT PERFORMANCE F - RECLAMATION WELD COUNTY. CO HORSES PLAN LLC fir. `,o � -�j, v • IV - AGPROfessionals DEVELOPERS OF AGRICULTURE K iplidA Myth IC*IL I OIJW70 ,--- I N C 3060 67th Avenue. Suite 200. Greeley. CO 80634 (970) 535-9318 - tax (970) 535-9854 213 Canyon Crest Dr. Suite 100 Twin Fars. ID 83301 (206) 595.5301 (.O1,1��isli►. Hello