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Home My WebLink About20231964.tiffUSE BY SPECIAL REVIEW (USR) APPLICATION FOR PLANNING DEPARTMENT USE. AMOUNT S APPLICATION RECEIVED BY PROPERTY INFORMATION DATE RECEIVED CASE # ASSIGNED, PLANNER ASSIGNED - Is the property currently in violation? ' No I Yes Violation Case Number: Parcel Number: 0 2 0 1 _2 2 0 0 0 Site Address: WCR 126 - Carr, Colorado 0 0 3 Legal Description: SW1/4 & 81/2 of the SEIM & NW1/44 of the SE1M4 & SW1/4 of the NE1/4 Section: 22 Township U N. Range 67 W Zoning District: A Acreage: 295 Within subdivision or townsite? ' No / Yes Name: Water (well permit # or water district tap #): Sewer (On -site wastewater treatment system permit # or sewer account ): Fioodplain 12 No ` _ Yes Geological Hazard ✓ No ,' 1 Yes Airport Overlay flNo / Yes PR0J ECT U SR Use being applied for Aggregate Mining N ame of proposed business: Carr Pit East PROPERTY OWNER( ) (Attach additional sheets if necessary.) N ame: Amy Lenhardt Company: Terry Grazing Association Phone . Street Address: P.O. Box 3170 Email: arnyienhardt@outlook.com City/State/Zip Code: Cheyenne, Wyornining 82003 APPLICANT/AUTHORIZED AGENT (Authorization Form must be included if there is an Authorized Agent) Name: John M. Warren Company: Connell Resources, Inc. Phone #: (970) 223-3151 Emaihjwarren connellresources.corn Street Address. 7785 Highland Meadows Parkway. Suite 100 City/State/Zip Code: Fort Collins. Colorado 80528 I (We) hereby depose and state under penalties of perjury that all statements. proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the property must sign this : .plictio-n. If an Authorized Agent signs, an Authorization Form signed by all fee owners must be included with the a I lication.. f the fee owner is a corporation. evidence must be included indicating the signatory has the legal authority y to si!.n for the *orporation gnature Desijim P --- M. 44o Print /v zL ae Ages( 4 - Signature Date Print AUTHORIZATION FORM DEPARTMENTS pPLANNING at�r'L DING DEVELOPMENT PEV;E Vv. AND ENVIRONMEN 1 AL HEAL 1 ni 1555 NORTH 7 :i AVENUE CGRFEt FY Cr) Pry€' Terry Grazing Association q+:=e p`'rm;ccint1 to Connell Resouroes, Inc ,; `��`.x1r .'r 4 ,' rir,•p►'Aor 1car)t..'c4f3 Or n-tI Planning. Building, Access, Grading or OWTS permits on city rfTplf frjr Tr* of c;Dert a,r atri wcs or parcel number) below l� WCR 126 - Can Colorado = cEscc';1 -, ) sw4&s2se4&nw4se4&sw4ne4 Subilivision Name 22 PrOcierty Owners Intormatton Addy sn P 0 Box 3170, Cheyenne Wyoming 82003 Phone amy►lenhard1@rti'k c Authorized Apent1App;c.arit Contact ►nto!;l-t;`,t;cwt. Address 7785 Highland Meadows Partway. Butte 100, Fort Collins Colorado 80528 phone (970)223-.3151 11 N P r:o, 67 EE_AAA8I`warren@connellrresources.com Correspondence to be serf to OW C EL Authorized Agent/Applicant Mail LI E I (We) hereby certify under penalty of perjury and after carefully reading the entire contents this of �h1s document. that the information stated above is true and correct to the best of my (our) knowledge e Cliat DattiOr # Pr' i Cie -41 t- _T'rte/-\s Subs()rttd sriti swain to before rut trt)5 254-11.airy :if owner Signature �U�Y J1EM4 LEN+V4goi MS A PtESI9El'3T O� TERRY (.7P-A2.11Cit% SGC.IATION Mv commission expires i2- - ��9- FnR1ANI REILLY NOTARY PUBLIC STATE OF WYOMING COMMISSION 10: 166430 ' MAY COMMISSION tXP1.415: October 19, 2022 Weld County Planning and Zoning. 1555 N. 17th Avenue Greeley, Colorado 80631 RE: Connell Resources, Inc. -- Connell Carr Pit USR 14-0005 Amendment Authorization Letter for Blue Earth Solutions, LLC To whom it may concern: We authorize Blue Earth Solutions, LLC, P.J. Box 2427, Fort Collins, Colorado, 80522, to perform work and submit material for the Connell Carr Pit on behalf of Connell Resources, Inc. Connell Resources, Inc. y President John Warren Name (Printed) Name (Signature) Title Date • LU m m N 0 • 01 J w F - c4 ca co Os 0 co 0 v z 0 cc O • a Lu cc C- C r C w 2 C 2 z I In co • v LU v fr 0 w w z z O v CCINIINeII_ STATEMENT/DELEGATION OF AUTHORITY MINUTES OF ANNUAL MEETING OF SERIES A SHAREHOLDERS AND DIRECTORS OF CONNELL RESOURCES, INC. The undersigned, being all of the Series A shareholders (the "shareholders") and directors of Connell Resources, Inc., a Colorado corporation (the "Corporation") take the action set forth below, and to evidence their waiver of any right to dissent from such action, consent as follows: ( I irde RICHARD CONNELL Shareholder and Director T9,14Y A. CONNELL Shareholder and Director tk SHERI C. WELCH Shareholder and Director SANDRA C. HEINE Shareholder By informal action the Series A shareholders unanimously elected the following persons as directors of the Corporation to serve until the next annual meeting or until their successors have been elected and qualified: Richard Connell Tony A. Connell Sheri C. Welch By informal action the shareholders unanimously elected the following persons to the offices stated beside their respective names until the next annual meeting or until their successors have been elected and qualified: Richard Connell Chairman of the Board John M. Warren Tony A. Connell William S. Anderson Kevin D. Anderson Sheri C. Welch President Authority to sign bids, bonds, contracts, change orders, subcontracts, lien releases and equipment rentals. Authority to sign equipment contracts up to $50,000. No authority to borrow funds on behalf of • Y the company. Authorized hank signer on disbursement and payroll account. Vice President Authority to sign bids. bonds, contracts, change orders, subcontracts and lien releases. Authorized signer on disbursement and payroll account. No authority to borrow funds on behalf of the company. Vice President of Estimating Authority to sign bids, bonds, contracts, change orders, subcontracts and lien releases. No authority •' Y to borrow funds on behalf of the company. Aggregate Development Manager Authority to sign gravel pit related contracts and asphalt oil supply contracts including transportation. No authority to borrow funds on behalf of the Y company. Vice President and Chief Financial Officer, Secretary! Treasurer Authority to sign lien releases, administrative and equipment contracts. Authorized hank signer on hank accounts and certificates of deposit. Authority to borrow funds on behalf of the company up to S1,500.000. Authority to sign Bank of Colorado Operating Lines. Jennifer Lindblad Assistant Secretary, Authority to attest on corporate documents. Margie L. Lewis Assistant Secretary. Authority to attest on corporate documents. By informal action the shareholders unanimously ratified all actions of the officers taken over the past year on behalf of the Corporation within the scope of their authority. This informal action of shareholders may be executed in counterparts. This informal action is effective as of September 10, 2020. Respectfully submitted, eCcint.ete.A.„ Sheri C. Welch Secretary RICHARD CONNELL, Chairman TEONY A. CONNELL \SAI/1.4.44._ -_ SHERI C. WELCH CERTIFICATE OF CONVEYANCES LITIETED OWNERSHIP REPORT DATE: E...• 1)1/20/2022 Posted through: 01/14/2022 PROSPECT: Il1N-R67W Connell Section 22 — Resources Inc. COUNTY: Weld STATE: Colorado TRACT DESCRIPTION: SURFACE OWNERSHIP: TOWNSHIP HIP 11 NORTH, TH, AGE 67 WEST, 6111 P.M. Section 22: SW/NEVI, SAES, " S►E', SW° Containing 295.00 acres, more or less. TRACT No: OWNER: INTEREST Terry Grazing P. O. Box 3170 Cheyenne, Amy Lenhardt, Association Wyoming 82003-3170 President 10000 MINERAL OWNERSHIP: ALL SAND, GRAVEL AND OTHER MINERAL RIGHTS, EXCLUDING OIL, GAS AND RELATED HYDROCARBONS NAME TRACT ## INTEREST NET ACRES LEASEHOLD & ADDRESS STATUS Terry P. Cheyenne, SEE Grazing Association Wyoming 82003-3170 1 1 100.00% E 295.00 Memorandum of Sand at Reception JRT Limited Terry Connell and S and Gravel No. Grazing Resources, A Section Nos. 4007567, Inc. 22. O. Box 3170 COMMENT Lease recorded 3863177 from Partnership Association as to SV2SE1 Amended 4166067 and and to at Reception 4066068 TOTAL: 100.09000% 295.00 EASEMENTS, RIGHTS OF WAY, COVENANTS AND RESTRICTIONS Special No Covenants Taxing and Water Districts,, by subdivisions Zoning Resolutions were reviewed for this report. and Ordinances are not covered under this report_ , NOT EXAMINED AS A PART OF THIS LIMITED OWNERSHIP REPORT NO'TE'S/ TS: COMMENTS: 1. I r i Warranty Deed dated Clerk's records Terry Grazing Association. AND RESERVING therefrom INC., part of the first Land There part, May 17, 1965, recorded at Reception No. 1463879 of the Weld and Livestock Company, Inc. conveyed the subject lands to is a reservation contained in the deed that states "EXCEPTING however, unto TERRY LAND AND LIVESTOCK COMPANY, its successors and assigns, all has, casinghead gas, oil and other County Terry minerals thereto..." valuable It as is the opinion a source of of petroleum in and under said lands and the examiner that this reservation is for oil, appurtenances gas and other hydrocarbons only and does not include other minerals such as sand, gravel, uranium, etc. even though in some cases sand and gravel has been construed to be a mineral by legal ruling.. This Report was prepared based upon an examination of the records of the Weld County Clerk. and Recorders Office from inception to the posted date of January 14, 2022. This report is made solely for the benefit of Hill Land Services, Inc_ for the purpose of assisting in a determination of the apparent mineral ownership of the captioned property with respect only to all minerals, except oil, gas and other hydrocarbon interests. A more complete and thorough examination of the title may be required to confirm the above ownership with absolute certainty. The instruments referred to have not been examined to determine their legal sufficiency. No warranty of title is expressed or implied by virtue of this report. BY: Hill Land Services, Inc. Wade hill (970) 396-1668 TI1N_R6Tglu' SEC 22 Li rigid 0wnersbip Report Page t of CONNELL CONNELL CARR PIT WELD COUNTY DEPARTMENT OF PLANNING SERVICES USE BY SPECIAL REVIEW PERMIT USR 14-0005 AMENDMENT APPLICATION CONNELL RESOURCES, INC. 7785 Highland Meadows Parkway, Suite 100 Fort Collins, Colorado 80528 (blue earth SOLUTIONS P.O. Box 2427, Fort Collins, CO 80522 November 2022 CtI1JI\iEtt CONNELL CARR PIT USR 14 -ODDS USE BY SPECIAL REVIEW PERMIT AMENDMENT APPLICATION Connell Resources, Inc. is working to permit and develop additional sand and gravel mining operations in Weld County, Colorado. A pre -application review meeting for the Connell Carr Pit project was held on June 24, 2022, for a Weld County Mining Operation Use by Special Review Permit Amendment. The following information is provided as part of the amendment application materials. PROJECT INFORMATION Property Owner Terry Grazing Association (in association with JRT Limited Partnership) P.O. Box 3170 Cheyenne, Wyoming 82003 Parcel Number — 020121000002 Property Lessee and Operator Connell Resources, Inc. 7785 Highland Meadows Parkway, Suite 100 Fort Collins, Colorado 80528 Permitting and Engineering Consultant Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 USE BY SPECIAL REVIEW APPLICATION FORM ✓ Completed form attached. USE BY SPECIAL REVIEW AUTHORIZATION FORM ✓ Completed form attached. DEED AND LEASE DOCUMENTS ✓ Documents attached. STATEMENT/DELEGATION AUTHORITY ✓ Statement attached. CERTIFICATE OF CONVEYANCES ✓ Certificate attached. STATEMENT OF TAXES ✓ Statement attached. Blue Earth Solutions, LLC • P.O. Box 2427 • Fort Collins, CO 80522 • (970) 227-2803 DRAFT USE BY SPECIAL REVIEW MAP ✓ See attached Map Set (4 sheets). LIGHTING PLAN ✓ No lighting plan is proposed for the Connell Carr Pit Amendment area. LANDSCAPE PLAN ✓ No landscape plan is proposed for the Connell Carr Pit Amendment area. BUFFER REPORT ✓ Buffer Report is attached. DIGITAL COPY OF APPLICATION MATERIALS ✓ Digital copy of application materials is attached. SURFACE USE AGREEMENTS ✓ All surface and minerals to be mined are owned by the property owner. APPLICATION FEE ✓ Application Fee for a 295 -acre amendment area is attached. $5,000 + (285 x $20) _ $10,700 PLANNING QUESTIONNAIRE RESPONSE Business Use and Name. The proposed permit amendment area shall be used for aggregate mining operations and has been known during DBMS permitting, and will be known within the operation, as the Carr Pit East. Project Need. The proposed Connell Carr Pit Amendment property has a verified marketable quantity of construction aggregate to supply the material demand in northern Colorado. Previous and Current Land Use. The proposed permit amendment area currently consists of rangeland utilized by the owner's cattle and bison operations. Proximity to Residence. The closest residences to the proposed amendment area shall generally be more than 600 feet from the nearest mining operations. Surrounding Land Uses. With the exception of the community of Carr, properties surrounding the proposed Connell Carr Pit Amendment site are primarily rural agricultural non -irrigated rangeland. The community of Carr includes approximately 30 to 40 semi -rural residential home lots south of the amendment area. Adjacent to the west side of the proposed amendment area is the previously approved Connell Carr Pit (M-2014-001) and southeast is a permitted aggregate mining property (M-1988-048) and railroad load -out yard. The rural nature of the area and the existing mining operations make the proposed mining operation and reclamation plan compatible with surrounding land uses. Hours of Operation. It is anticipated that operations will be performed from 6:00 am to 7:00 pm Monday through Saturday. Connell Carr Pit Weld County USR Amendment Application) l SOLUTIONS Page 2of11 Employees On -site. During full mining operations, approximately 2 to 3 employees will be on - site. Only one day -time shift is anticipated. Others using the site will include material haul truck drivers. As trucks enter the site, are loaded, and leave the site, the number on -site at any one time will likely not exceed 2 drivers. Others Using the Site. With the exception of on -site employees, all other users, patrons, members, buyers, and visitors shall be restricted to the existing Connell Carr Pit site and should not need to access the amendment area. Animals On -Site. No animals are to be kept on -site as part of the mining operation. However, current grazing operations may continue on the property during the proposed mining operation. Operating and Processing Equipment. Mobile mining equipment including loaders, scrapers, and excavators will be used within the proposed amendment area. Additional vehicles may include company pickup trucks and haul trucks. All processing equipment shall be maintained and used on the existing Connell Carr Pit site. Stockpile and Waste Areas. Overburden and topsoil shall be removed from the mining areas prior to aggregate excavation and stored in stockpiles. The stockpiles are typically no more then 12 feet high and 50 feet long with 2H:1V or flatter side slopes. Stockpiles are generally located along the edges of the mine excavation. Waste Removal. Very little waste is generated during the mining operation. Any debris, junk, and other wastes associated with the proposed mining activities will be removed from the proposed amendment area as needed, but will not remain after reclamation is complete. Timetable. The proposed amendment area mining plan currently includes mining in two phases; the first phase north of Lone Tree Creek and the second phase south of the creek. When Phase I mining is complete, a temporary crossing will be established through the Lone Tree Creek drainage and Phase II will be mined. Mining and reclamation of Phase I (102.7 acres) is expected to take from 4 to 6 years and Phase II (20.2 acres) should take approximately 1 to 2 years, depending upon material demand. Existing Surface Type. All of the land surface is currently native rangeland soils and vegetation. Any existing roads within the proposed amendment area are generally primitive two -track and are not graveled, paved, or otherwise improved. Parking Spaces. No parking spaces are proposed. Fencing and Screening. No specific fencing or screening is proposed for the amendment area. Overburden and topsoil stockpiles place at the edges of mining operations shall provide some screening for adjacent lands. Landscaping. No specific landscaping plan is being proposed. The mining will primarily occur below grade, limiting the view of disturbed areas from adjacent properties. Reclamation shall return the proposed amendment area back to non -irrigated rangeland. Reclamation Procedures. Reclamation of the proposed amendment area will create rangeland, which is the pre -mining land use. The experience of the ranching landowner and expertise from the Natural Resources Conservation Service, Colorado Division of Parks and Wildlife, and natural resource consultants will be utilized during site reclamation. Much of the pit, after mining, will contain a pit floor that gently drains toward Lone Tree Creek. The pit floor will be blended into the Lone Tree Creek valley and drainage and will be connected to existing Connell Carr Pit cc- `i Weld County USR Amendment Application I SOLUTION'S Page 3 of 11 drainages. Reclaimed mine pit side slopes will be created from backfill with overburden and, if necessary, a combination of "cut and fill" so as to preserve overburden for use in establishing a plant growth medium elsewhere in the reclamation. All areas disturbed by mining activities will be prepared with topsoil and overburden and revegetated during reclamation. Revegetation will generate a blend of grass species and, given suitable precipitation, should produce good vegetation cover over much of the reclaimed site. Fire Protection. The proposed amendment area is within the Nunn Fire Protection District. However, facilities constructed of flammable materials are not anticipated for the site and the fire hazard is expected to be low. Weld County Comprehensive Plan. In Chapter 22 of the Weld County Code, Comprehensive Plan, agriculture goals and policies include: Goal 1. Respect and encourage the continuation of agricultural land uses and agricultural operations for purposes which enhance the economic health and sustainability of agriculture. Following temporary mining disturbances from the proposed Connell Carr Pit Amendment area, the reclaimed land use will be returned to rangeland for the continuation of agricultural operations. Goal 2. Continue the commitment to viable agriculture in Weld County through mitigated protection of established (and potentially expanding) agricultural uses from other proposed new uses that would hinder the operations of the agricultural enterprises. The proposed operation will occur on land leased by a local ranching establishment that has adjacent lands in agricultural rangeland use. The reclaimed mining area will be re- incorporated into the usable rangeland of the ranch. Goal 3. County land use regulations recognize and respect the rights afforded by the State Constitution and associated statutes of individually decreed water rights. Water rights are considered real property and should be protected as any other private property right. The proposed amendment to the mining operation will not use or retain surface water and is not expected to encounter ground water. Therefore, the temporary operation will not negatively affect the surrounding hydrologic balance or established water rights. Goal 4. Promote a quality environment which is free of derelict vehicles, refuse, litter and other unsightly materials. The Connell Carr Pit proposed amendment will maintain an organized and well -kept mining operation. Only vehicles that are associated with mining operations will be kept on -site. Designated areas and receptacles for refuse and litter will be used to properly store and dispose of waste materials. Goal S. Provide for the minimum buildable lot size of parcels in the agricultural areas created without County approval to be in conformance with state statutes. No permanent structures or subdivided lots will be created by the proposed mining and reclamation activities. Goal 6. Provide mechanisms for the division of land in agricultural areas to support the continuation of agricultural production. No land divisions will be created by the proposed mining and reclamation activities. Goal 7. County land use regulations should protect the individual property owner's right to request a land use change. The proposed Connell Carr Pit Amendment includes Connell Carr Pit (rr Weld County USR Amendment Application SOLUTIONS Page 4 of 11 returning the land to the pre -mining land use, rangeland. No permanent land use change is proposed. Goal 8. Ensure that adequate services and facilities are currently available or reasonably obtainable to accommodate the requested new land use change for more intensive development. The proposed amendment for temporary mining and reclamation activities will not involve intensive development that requires additional county services or facilities. The mining operation will use portable sanitation facilities and bottled water to service the employees on -site. Adjacent county roads currently experience and handle aggregate material hauling from the previously approved Connell Carr Pit and the amendment does not propose adding to the existing haul traffic. Drainage from the site will be managed under the Colorado Discharge Permitting System to ensure that best management practices minimize erosion and sediment transport from the site, protecting water resources and adjacent properties. All county, state, and federal rules and regulations will be followed and all public service providers will have opportunity to comment on the proposed activities Goal 9. Reduce potential conflicts between varying land uses in the conversion of traditional agricultural lands to other land uses. The proposed mining operations are temporary. Mining and reclamation within the amendment area will strive to protect the general existing land contour characteristics, vegetation, and water courses. Goal 10. The County recognizes the right to farm. The proposed Connell Carr Pit Amendment includes returning the land to the pre -mining land use, rangeland. Agricultural Zone District. In Chapter 23 of the Weld County Code, Zoning, open pit mining is allowed in the agricultural zone district by special review. The proposed Connell Carr Pit Amendment does not present a threat to the health, safety and general welfare of the present and future residents of the County. Future Development Compatibility. Reclamation of the proposed amendment area will create rangeland, which is the pre -mining land use. With the exception of the community of Carr, properties surrounding the proposed Connell Carr Pit Amendment site are primarily rural agricultural non -irrigated rangeland. Adjacent to the west side of the proposed amendment area is the previously approved Connell Carr Pit (M-2014-001-002) and southeast is a permitted aggregate mining property (M-1988-048) and railroad load -out yard. The rural nature of the area and the existing mining operations make the proposed mining operation and reclamation plan compatible with current and future surrounding land uses. Protection of County Residents. The proposed mining and reclamation activities within the amendment area contain adequate provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood and the County. Irrigation Features. No irrigation features or infrastructure currently exist within the proposed amendment area and no features are proposed for final reclamation. Overlay Districts. The proposed amendment area is not located in a flood plain, geologic hazard, or Weld County Airport overlay district area. State and Federal Permits. A Colorado Division of Reclamation, Mining and Safety Regular 112 Permit has been obtained for the Connell Carr Pit Amendment mining area. An Army Corps of Engineers Clean Water Act Section 404 permit may be necessary for disturbances to the Lone Connell Carr Pit Weld County USR Amendment Application \Ar 1 SnLLIT1ONS Page 5 of 11 Tree Creek drainage for accessing the Phase II mining area. If a Section 404 permit is required, one shall be obtained prior to any disturbance within Lone Tree Creek jurisdictional Waters of the U.S. Additionally, the Connell Carr Pit operation has obtained Fugitive Particulate and Air Pollutant Emission Notices and a Colorado Discharge Permitting System permit from the Colorado Department of Public Health and Environment and these permits shall be expanded to cover operations within the amendment area. DEVELOPMENT REVIEW QUESTIONNAIRE RESPONSE Site Access. No new public road accesses shall be created. Access to the proposed amendment area will be through the existing Connell Carr Pit site. Access shall be limited to vehicles and equipment associated with mining and reclamation activities. An improved gravel access road between the amendment area and Connell Carr Pit site shall be constructed through the Tri-State Generation and Transmission Association, Inc. easement as illustrated on the plat. Changes to Existing Access. No changes to the Connell Carr Pit existing access onto Weld County Road 126 are proposed. Access Gate. No access gate from the Connell Carr Pit to the amendment area is proposed. Existing Adjacent Public Road Accesses. Not applicable. Public Road Access Line -of -Sight to Oncoming Traffic. Not applicable. Public Road Access Horizontal Curve. Not applicable. Public Road Access Topography. Not applicable. PRELIMINARY DRAINAGE NARRATIVE During mining, storm water runoff from disturbed areas will generally be contained within the mine pit. Runoff from the site will be controlled with best management practices to limit erosion and sediment transport and directed to the Lone Tree Creek drainage. Much of the pit, after mining, will contain a pit floor that gently drains toward Lone Tree Creek. The pit floor will be blended into the Lone Tree Creek valley and drainage and will be connected to existing drainages. Shallower slopes created during reclamation will aid in establishing vegetation growth and minimize erosion. TRAFFIC NARRATIVE ✓ All material from the amendment area will be transported to the existing Connell Carr Pit. Since the amendment will not increase truck traffic from the site, the approved Connell Carr Pit access onto Weld County Road 126 will still be applicable. MS4 REQUIREMENTS ✓ Not applicable. ENVIRONMENTAL HEALTH QUESTIONNAIRE RESPONSE Potable Water Source. No new potable water source is proposed. Existing potable water sources at the Connell Carr Pit shall be used. If potable water is required within the amendment area, domestic water on -site will be provided by bottled water. Connell Carr Pit 4;� I Weld County USR Amendment Application, 44- .SOLUTION Page 6of11 Sewage Disposal. No new sewage disposal is proposed. Existing sewage facilities at the Connell Carr Pit shall be used. If sewage disposal is required within the amendment area, on -site sanitary disposal will be provided with portable toilet facilities. Storage and Warehousing. No storage or warehousing facilities are proposed for the amendment area. Existing facilities at the Connell Carr Pit shall be used. Chemicals and Petroleum Products. Storage of waste and chemical and petroleum products within the amendment area is not proposed. Maintenance of mobile equipment shall not occur within the amendment area and fueling of mobile equipment shall take place using mobile fueling trucks. Fuel Storage. No fuel storage is proposed for the Connell Carr Pit Amendment area. Equipment Washing. No equipment washing shall be performed within the amendment area. Floor Drains. Not applicable. Air Emissions. The Connell Carr Pit operation has obtained a Fugitive Particulate and Air Pollutant Emission Notice from the Colorado Department of Public Health and Environment and this permit shall be expanded to cover operations within the amendment area. Design and Operations Plan. Not applicable. Nuisance Management Plan. Not applicable. Additional Requested Information. A noise study has been performed for the Connell Carr Pit Amendment operation. The noise study is attached. WATER SUPPLY DOCUMENTATION ✓ If necessary, bottled water will be used on -site. Bottled water is available at the existing Connell Carr Pit site. Water used for dust control (approximate use equals one acre -ft per year, depending upon conditions) will be trucked to the site from an existing well owned by the applicant and located on the S W 1/4 of the NE 1/4 of Section 17, Township 11 North, Range 67 West of the Sixth Principal Meridian. A copy of the well permit is attached. SEWAGE DISPOSAL DOCUMENTATION ✓ No new sewage disposal is proposed. Existing sewage facilities at the Connell Carr Pit shall be used. If sewage disposal is required within the amendment area, on -site sanitary disposal will be provided with portable toilet facilities. NOISE STUDY ✓ A noise modeling study was conducted for the Connell Carr Pit Amendment area. A copy of the report is attached. WASTE HANDLING PLAN ✓ No toxic or hazardous waste materials will be produced during mining. Nonmarketable overburden material will be used during site reclamation and is not considered a waste Connell Carr Pitiirbe Weld County USR Amendment Application f J, l se* Thsii SOLUTION'S Page 7of11 material. Appropriate covered receptacles will be used to collect general non -hazardous trash. Receptacles will be emptied and the trash will be taken to the landfill as needed. Potentially hazardous waste materials from equipment maintenance, such as fuels and lubricants, will not be stored in the amendment area. DUST ABATEMENT PLAN Water will be used on all internal travel areas for dust control. Water will be applied as needed to wet internal haul roads and other disturbed areas to prevent excessive dust generation from mining and reclamation activities. Operations will be curtailed during high wind periods when watering alone cannot control dust from being blown to adjacent properties. ENGINEERING, DESIGN AND OPERATIONS PLAN ✓ Not applicable. NUISANCE ABATEMENT PLAN ✓ Not applicable. MINING QUESTIONNAIRE RESPONSE Weld County Active Mining Permits. Within Weld County, Connell Resources, Inc. holds active mining permits for the Connell Carr Pit (Weld County USR 14-0005; DBMS M-2014-001) and the Lazy Two Pit (Weld County USR 19-0063; DBMS M-2019-001). Mining Structures. No permanent structures will be constructed within the amendment area as part of the mining operation. Pit run material will be hauled or conveyed to the previously approved Connell Carr Pit processing plant area where raw material and product stockpiles will be located. The mining support infrastructure already established at the existing Connell Carr Pit site, such as the portable processing facility, office/scale house trailer, and mine equipment maintenance building, will also be used by operations accessing the amendment area. The office/scale house and maintenance building area at the previously approved Connell Carr Pit site will also be used for employee parking, equipment fueling/lubricating, or equipment storage. Mining Shifts/Employees. During full mining and processing operations within the amendment area, approximately 2 to 3 employees will be on -site. Only one day -time shift is anticipated. Others using the site will include on -site material haul truck drivers. As trucks enter the amendment site, are loaded, and leave for the existing Connell Carr Pit processing facility, the number on -site at any one time will likely not exceed 2 drivers. Other Site Access. With the exception of on -site employees, all other visitors, deliveries, etc. shall be restricted to the existing Connell Carr Pit site and should not need to access the amendment area. Dry/Wet Mining. The Connell Carr Pit Amendment area will only include dry mining. It is not anticipated that groundwater will be exposed during mining or reclamation activities. Active Mining Size/Area. Areas to be mined are prepared by removal of topsoil and overburden. Each preparation area may be as much as 100 feet wide. Usually, only enough area is stripped Connell Carr Pitlor Weld County USR Amendment Application) l { SOLUTIONS Page 8 of 11 and prepared to provide the estimated needs for the next 10 to 14 months of mining. Where it is found, surface topsoil material will be stripped separate from the underlying, deeper subsoil or overburden material. This topsoil layer contains most of the soils organic matter and will be stockpiled separately for use in reclamation. Once the surface layer has been removed, the rest of the overburden will be stripped and stockpiled separate from the surface layer. The active mining face will extend no more than 1,000 feet in length. During mining and prior to reclamation, the mine walls will be a nearly vertical to 1/2H:1 V slope. Mining will progress down to the depth of quality aggregate material or 8 to 12 feet below the surface. Mining and Reclamation Timeframe. The proposed amendment area mining plan currently includes mining in two phases; the first phase north of Lone Tree Creek and the second phase south of the creek. When Phase I mining is complete, a temporary crossing will be established through the Lone Tree Creek drainage and Phase II will be mined. Mining and reclamation of Phase I (102.7 acres) is expected to take from 4 to 6 years and Phase II (20.2 acres) should take approximately 1 to 2 years, depending upon material demand. Mineral Deposit to be Mined. The sand and gravel deposit in the amendment area is located on benches adjacent to Lone Tree Creek and varies from 8 to 12 feet in depth. Soils are typically less than six inches thick on the site, but overburden thickness can range from less than six inches to over four feet. The mining plan currently includes mining in two phases; the first phase north of Lone Tree Creek and the second phase south of the creek. Phase I (102.7 acres) will be mined from the northwest to the southeast. When Phase I is complete, a temporary crossing will be established through the Lone Tree Creek drainage and Phase II (20.2 acres) will be mined from north to south. Reclamation Procedures. Reclamation of the proposed amendment area will create rangeland, which is the pre -mining land use. No water storage is proposed for the Connell Carr Pit Amendment area. The experience of the ranching landowner and expertise from the Natural Resources Conservation Service, Colorado Division of Parks and Wildlife, and natural resource consultants will be utilized during site reclamation. Much of the pit, after mining, will contain a pit floor that gently drains toward Lone Tree Creek. The pit floor will be blended into the Lone Tree Creek valley and drainage and will be connected to existing drainages. Reclaimed mine pit side slopes will be created from backfill with overburden and, if necessary, a combination of "cut and fill" so as to preserve overburden for use in establishing a plant growth medium elsewhere in the reclamation. All areas disturbed by mining activities will be prepared with topsoil and overburden and revegetated during reclamation. Revegetation will generate a blend of grass species and, given suitable precipitation, should produce good vegetation cover over much of the reclaimed site. In general, shallower reclaimed slopes will provide easier access during reclamation and safer access for ranching equipment following mining. Shallower slopes will also aid in establishing vegetation growth and minimize erosion. Although pit side slopes will be backfilled and graded to 3H:1 V or shallower where possible, no slopes will be reclaimed any steeper than 2H:1 V. Grading of pit side slopes and the pit bottom will attempt to adhere to the surrounding natural topography and drainage patterns. During final reclamation of the amendment area, roads not necessary for future access and other disturbed areas will be reclaimed with topsoil and overburden replacement and vegetative cover to stabilize the areas and minimize erosion. Connell Carr Pitiirbe Weld County USR Amendment Application Page 9 of 11 SOLUTION'S Operations Beyond Standard Mining Operations Policies. Operations to provide construction materials in urgent or emergency situations for local or State agencies may be requested. Site Access. Access from the previously approved Connell Carr Pit site to the amendment area will be through the Tri-State Generation and Transmission Association, Inc. easement as illustrated on the plat map. An executed license agreement between Connell Resources, Inc. and Tri-State Generation and Transmission Association, Inc. is included with this application. MINING SUMMARY FACT SHEET The sand and gravel deposit in the amendment area is located on benches adjacent to Lone Tree Creek and varies from 8 to 12 feet in depth. Soils are typically less than six inches thick on the site, but overburden thickness can range from less than six inches to over four feet. The creek, which bisects the southern portion of the amendment area, is ephemeral, only flowing in response to major rain or snowmelt events. Groundwater is not expected to be encountered during mining and the deposit will be dry mined. Although both the north and south side of the creek will be mined, non -disturbed offset areas will be established to protect the creek from mining disturbances. Mining will proceed by first stripping and stockpiling topsoils and overburden. The exposed gravel will then be removed in lifts and transported to the Connell Carr Pit processing facility. Since the material is unconsolidated deposits, no blasting is required. The aggregate material will be recovered using equipment typical for sand and gravel mining operations. Earth moving equipment may include, but are not limited to dozers, loaders, scrapers, and excavators. During mining and reclamation activities, watering trucks for dust control will be used as needed. The mining plan currently includes mining in two phases; the first phase north of Lone Tree Creek and the second phase south of the creek. Phase I (102.7 acres) will be mined from the northwest to the southeast. When Phase I is complete, a temporary crossing will be established through the Lone Tree Creek drainage and Phase II (20.2 acres) will be mined from north to south. Mining of Phase I is expected to take from 4 to 6 years and Phase II should take approximately 1 to 2 years, depending upon material demand. All necessary permits will be obtained and any special construction techniques will be used to reduce impacts and create a stable crossing through the ephemeral drainage. Mining will not occur within the Lone Tree Creek channel. Reclamation of the proposed amendment area will create rangeland, which is the pre -mining land use. The experience of the ranching landowner and expertise from the Natural Resources Conservation Service, Colorado Division of Parks and Wildlife, and natural resource consultants will be utilized during site reclamation. Much of the pit, after mining, will contain a pit floor that gently drains toward Lone Tree Creek. The pit floor will be blended into the Lone Tree Creek valley and drainage and will be connected to existing drainages. Reclaimed mine pit side slopes will be created from backfill with overburden and, if necessary, a combination of "cut and fill" so as to preserve overburden for use in establishing a plant growth medium elsewhere in the reclamation. All areas disturbed by mining activities will be prepared with topsoil and overburden and revegetated during reclamation. Revegetation will generate a blend of grass species and, given suitable precipitation, should produce good vegetation cover over much of the reclaimed site. In general, shallower reclaimed slopes will provide easier access during reclamation and safer access for ranching equipment following mining. Shallower slopes will also aid in establishing Connell Carr Pit 4;� I Weld County USR Amendment Application l SOLUTION'S Page 10 of 11 vegetation growth and minimize erosion. Although pit side slopes will be backfilled and graded to 3H:1V or shallower where possible, no slopes will be reclaimed any steeper than 2H:1V. Grading of pit side slopes and the pit bottom will attempt to adhere to the surrounding natural topography and drainage patterns. During final reclamation of the amendment area, roads not necessary for future access and other disturbed areas will be reclaimed with topsoil and overburden replacement and vegetative cover to stabilize the areas and minimize erosion. LEGAL DESCRIPTION The Weld County USR Amendment parcel is located in the SW1/4 & S1/2 of the SE1/4 and NW1/4 of the SE1/4 and SW1/4 of the NE1/4 of Section 22, Township 11 North, Range 67 West of the Sixth Principal Meridian, Weld County, State of Colorado. The area to be mined, however, and the area covered by the DRMS permit (M-2022-005) is restricted primarily to the SW1/4 of Section 22, Township 11 North, Range 67 West of the Sixth Principal Meridian, Weld County, State of Colorado. LEGAL RIGHT TO ENTER ✓ In addition to the DRMS Legal Right to Enter form, a copy of the owner lease agreement is attached. DRMS PERMIT DECISION LETTER ✓ The DRMS permit decision letter is attached. DRMS PERMIT APPLICATION ✓ The DRMS permit application including responses to adequacy comments is attached. CROSSING AGREEMENTS ✓ An agreement to cross the Tri-State Generation and Transmission Association, Inc. easement is attached. WATER DEMAND AND REPLACEMENT ANALYSIS If necessary, bottled water will be used on -site. Bottled water is available at the existing Connell Carr Pit site. Water used for dust control (approximate use equals one acre -ft per year, depending upon conditions) will be trucked to the site from the SW1/4 of the NE1/4 of Section 17, Township 11 North, Range 67 West of the Sixth Principal Meridian. A copy of the well permit is attached. STRUCTURE PLAN, PROFILE, AND ELEVATION DRAWINGS ✓ Within the site (located outside of any County right-of-way), a Lone Tree Creek drainage structure may be used during mining operations. A drawing of a typical crossing structure used at the existing Connell Carr Pit is attached. COPY OF DRMS PERMIT ✓ Copy of the Division of Reclamation, Mining and Safety Regular 112 Permit application is attached. Connell Carr Pit (rmi Weld County USR Amendment Application l K t SOLUTIONS Page 11 of 11 -81r2'. rte` • g14.-.1.1..••••••• F ' 1 J'.• . �,. 1 4007567 Pages." _ of 4 04/07/2014 04:34 P11 R Fee:$26.00 Steve Moreno; Clerk and Recorder, Weld County, CO liii Ii'I!lMi iI" '1'! ''�i 11111 FIRST AMENDMENT TO SAND AND GRAVEL LEASE This First Amendment to Sand and Gravel Lease ("Amendment") is entered into effective September 16th, 2013 ("Effective Date") and amends the Sand and Gravel Lease ("Lease") for the Carraucker Pit in Weld County, Colorado dated January 1, 2011 between JRT Limited Partnership and Terry Grazing Association, P.O. Box 3170, Cheyenne, WY 82003, ("Lessor") and Connell Resources, Inc., a Colorado Corporation, 7785 Highland Meadows Parkway Suite 100, Fort Collins, CO 80528 ("Lessee"). 1. Term of Lease. In Section 2, the term of the Lease is amended to continue to January 1, 2031. 2. Royalty Amounts. Section 3.1, is amended by adding the following language at the end: The royalty for all sand and gravel Material shall be changed beginning on the following dates to the following amounts: on January 1, 2016: $ per ton; on January 1, 2021, $ per ton; on January 1, 2026: $ per ton; on January 1, 2031: $ per ton. 3. Minimum Tonnage Requirements. Section 3.3 of the Lease is amended so that: the minimum tonnage per year for each calendar year is reduced to 15,000 tons and Sections 3.3.1 and 3.3.2 are hereby deleted. 4. Permit Ownership and Management. Section 4 is hereby deleted and replaced with the following language: Lessee currently holds permits for a gravel mining operation on the Property. Lessee will be responsible for complying with all such permits and for paying ongoing premiums for the reclamation bond. 5. Real Property Taxes. Section 7.6 is amended by adding the following language at the end: except that the Lessee shall be responsible for and shall pay all real estate taxes assessed for earth or stone products produced from the Property during the term of the Lease. 6. DPW Game Area. New Section 7.11, "DPW Game Area.", is hereby added with the following language: The Lessor shall be responsible for renegotiating Lessor's current agreement with the Colorado Department of Parks and Wildlife ("DPW") so that Section 21 of Lessors Property is no longer included in the public access agreement with DPW. Lessor agrees to complete this revision to the DPW 4007567 Pages: 2 of 04/07/2014 04:34 PM R Fee:$_100 $_ 100 Steve Moreno, Clerk and Recorder, Weld County, CO liii IPjJ JE,? i1$i'j'd fc 4'i M''°I N'Is H ' F,i /4iiiii, 11 1111 agreement prior to final approval of mining permits on Section 21 by the State of Colorado and by Weld County. E. Termination. Section 8.3 is amended to: January 1, 2031 and Section 8.5 is hereby deleted. 8. inconsistency`, In the event of any inconsistency between the terms of this Amendment and any other Lease terms, this Amendment shall control. 9. Continuing Effect. Except as amended by this Amendment, the Lease terms remain unchanged and in full force and effect. 10. Defined Terms. Except as otherwise defined in this Amendment, capitalized words and phrases are as defined in the Lease. e v`Signature pages follow.] 4007567 Pages: 3 of 04/07/2014 04:34 PM 1 R Fee: $26 .00 Steve Moreno; Clerk and Recorder, Weld County, CO ®III rare liii! LESSOR: JRT Limited Partnership By: Printed *rter STNIE OF WYOMING COUNTY OF LARAMIE 1 0AL..til Name: ss Les�� h � t � its �`�.. a Acknowledged before me this m day of 3Ci*crn , 2013, on behalf of g _ JRT Limited Partnership by __M,' \./ ,ex-Lb/AAA,- - as jai-hitt/. Witness my hand and official seal. My commission expires: LESSOR: Terry Grazing Associa on By: Printed . Name: STATE OF WYOMING )ss COUNTY OF LARAMIE TWA WCCCHQUSE • NOTARY FU5LIC L Notary otary Public Acknowledged before me this .14 day of SODS g � Terry Grazing Association by Oririj b yiall as Witness my hand and official seal. My commission expires: dtw.i, i a0 3 leibt P U State cf Wyoming I M1 ertiliebt ,' .:.gym 3, 2U16 a Notary Public ,. -Litt— its 2013, on behalf of awsvaftestrit QHR,i$fNA WQQSHCUSE • NOTARY PUBLIC .V •Y u.1f� eafirra 6araade State of w -G My Commission Expires IMO 3, 201e d 4007567 Pages: 4 c, 4 04/07/2014 04:34 PM R Fee:$26.00 Steve Moreno. Clerk and Recorder, Weld County, CO 11111 LESSEE: Connell Resources, Inc. zi's • , 1 547 v Printed Name: Richard Connell, President STATE OF COLORADO COUNTY OF LARIMER ) Acknowledged before me thi ;••'''L m a President of Connell Reso . • s,:'�w ANDERSONT. GLAS -Witness my hand and official )ss .•. 9COL MY COMMISSION EXPIRES; Mv commission expires: Decembe a4s 2013, by Richard Connell as Notary/ ublic SAND AND GRAVEL LEASE THIS LEASE, is entered into and is effective as of January 1, 2011 between JRT Limited Partnership and Terry Grazing Association, P.O. Box 3170, Cheyenne, WY 82003, (jointly referred to as the "Lessor"), and Connell Resources, Inc. or assigns ("Lessee"). In consideration of the mutual covenants contained in this Lease, and for other valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. Leased Proaty. Lessor, Terry Grazing Association, is the owner of real property (the "Property") and Lessor, JRT Limited Partnership is the owner of the Material located on that propertly situated in the County of Weld and State of Colorado and more specifically described as: a. The currently -operating Carr/Tucker Pit, including all of Section 17, Township 1 1, Range 67, except 1 acre in SW4SW4, and the N2NE4 in Section 20, Township 11, Range 67, Quarter Section I, AND b. additional real property which is being added to the Carr/Tucker Pit, including all of Section 21, Township 11, Range 67, and the S W4&S2SE4 in Section 22, Township 1 1 , Range 67 (25RR). Lessor, in consideration of the royalties herein reserved and the covenants to be performed by the Lessee, does hereby lease, let, and demise unto the Lessee for the purposes of mining and processing sand, gravel, rock, overburden (fill dirt), and related materials (collectively referred to as "Material") from the Property, stockpiling and storing Material on the Property, and for conducting any and all related activities including, but not limited to, testing, drilling, surveying and inspecting the Property; constructing, operating, using, dismantling and removing an asphalt plant on the Property; constructing, operating, using, dismantling, and removing a concrete batch plant on the Property; and constructing, using and operating any other improvements, processing plants, scales, sales offices, facilities other improvements, machinery and equipment in connection with Lessee's operation on the Property. Lessee shall also have the right to import and store on the Property sand, gravel, and similar materials for resale from the Property. All Material extracted from the Property by the Lessee (including any stockpiled, processed Material located on the Property) shall, subject to the payment of Royalty amount herein stated, be considered the sole property of Lessee. 2. Term ofLease. Lease. Unless earlier terminated under Section 8 below, this Lease shall be in effect as of the date set forth in the introductory paragraph and shall continue until January 1, 2016. Lessee shall also have the option to extend the lease for an additional 5 years on the same terms. 3. Royalties and Minimum Tonnage Recuirement. 3.1 Royalty Amounts. Lessee shall pay Lessor JRT Limited Partnership a royalty of: (i) $1.00 per ton for all sand and gravel Material and (ii) $.50 per ton for all overburden (fill dirt and related materials) removed from the leased premises by the Lessee. The Lessee's weight tickets from a certified scale will be used to determine the Royalty due Lessor, which records shall be available to Lessor on a monthly basis, all as herein provided. 3.2 Royalty Payment Terms. Lessee's royalty payments are due by the 25th day of each month following the month in which the Material is removed from the leased premises. If any monthly payment is not received by the 10th day of the month following the due date, a late fee of 1% of such payment shall be added to the balance due. 3.3 Minimum Tonna e Requirement. Lessee will be required to pay Lessor for a minimum of 3 0, 000 tons of Material per year for each calendar year, however, further provided that: 3.3.1 Excess tonnage, the net amount over the minimum for any year, accrues and carries forward to subsequent years and counts as a credit toward the minimum annual tonnage for subsequent years. (For example, if the total tonnage for 2011 is 35,000 tons, that meets the minimum for 2011 and results in a credit of 5,000 tons, which is carried forward.) 3.3.2 If the annual minimum tonnage requirement (including credits for any unused, accrued tonnage credits for previous years) does not meet the annual minimum, then Lessee shall pay Lessor for the shortfall by January 25th of the following year. 4. Permit Ownership and Management. Yarra Companies, Inc. currently holds permits for a gravel mining operation on the Property. Lessee will coordinate with Lessor for the transfer to Lessee of applicable permits authorizing such operations from the appropriate governmental authorities ("Permits"). Lessee will be responsible for complying with all such permits, both before and after transfer, and for paying ongoing premiums for the reclamation bond. In the event Lessor is unable to complete the transfer of applicable permits, the responsibility shall fall on the Lessee to obtain the applicable permits. 5. Records and Reports. Lessee and Lessor shall keep records and furnish reports to each other as follows: 5.1 Material Records. Lessee agrees to keep strict and accurate records, including scale weight tickets, of all Material removed from the Property, and the Lessor shall have the privilege, during business hours, of examining the mining procedures and checking the books and records of Lessee for the purpose of verifying the amount of production and of royalties payable. 5.2 Monthly Reports. Lessee shall forward to Lessor monthly reports showing the quantity of Material removed during the preceding month. Such reports shall be forwarded to Lessor by the 25th day of the month for the preceding month. The parties acknowledge that during certain months of the year it may be impractical to remove Material because of weather conditions and no report shall be required for any month during which no Material 2 has been removed. 5.3 Liability Insurance. Within 30 days following the date of this Lease, Lessee shall furnish to the Lessor copies of certificates of insurance showing that the Lessee has insurance coverage covering Lessee's operations on the premises. Said insurance shall provide that Lessor be given notice priorto cancellation of said insurance. 6. Lessee's Covenants., 6.1 Lessee's Possession/Lessor's Access. Lessee shall have, and it is hereby given and granted, the right to enter into and take over immediately the exclusive possession and control of the leased premises, subject to the reservations of the Lessor contained herein which include, among others Lessor's use for personal access during the term of this agreement and any extensions thereof, to remain in possession and control thereof, and to sample, test, examine, develop, work, mine, operate, use, manage and control the same, including water and water rights appurtenant thereto as the same may be required, and to mine, extract and remove from said property sand and gravel, asphalt, and other salable materials therein belonging thereto, and to erect, construct, maintain, use and operate thereon and therein buildings, structures, machinery, and equipment used in connection with the extraction, processing and sale of sand and gravel and other salable products associated therewith. 6.2 ,Conduct of Operations. Lessee will cause all operations under this Lease to be carried on in a commercially reasonable manner and in accordance with all applicable federal, state and local regulations, permits, and the terms and conditions of any bond issued relative to such operations. Materials shall be removed from each excavation to the point commercially feasible, through the use of equipment selected by the Lessee. 6.3 Liens/Indemnity. Lessee shall keep the Property free and clear of liens for labor done or work performed under this Lease, and shall keep the Property free from all other forms of encumbrance, and will hold Lessor harmless from all claims, demands, suits, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) which may arise by reason of injury to any person employed by Lessee on the Property, or which may arise by reason of injury to any persons or damage to any property as a result of any operations of Lessee. 6.4 Surrender of Possession. In the event of a valid termination of this lease, Lessee will surrender to Lessor peaceable possession of the Property, subject to Lessee's right to leave equipment and Materials on the Property and have access to remove such equipment and Materials. Co -incident with such surrender, Lessee shall deliver to Lessor a release of all its interest in this Lease. Lessee shall have 120 days to remove all of Lessee's equipment from the Property, plus an extension of time, at no charge, for any snow or mud conditions which cause such equipment removal to be impossible or impractical. Lessee shall offer to sell to Lessor, at a price to be negotiated, any of Lessee's processed Material which is stockpiled on the prop etty. If no agreement can be reached, Lessee shall have 12 months to remove all of Lessee's processed Material from the Property, plus an extension 3 • of time, at no charge, for any snow or mud conditions which cause such Material removal to be impossible or impractical. 6.5 Personal Property Taxes. Lessee shall pay when due all taxes levied or assessed against all personal property placed upon the Property by Lessee during the Lease term. 6.6 Hazardous Materials. Any use, storage, treatment, disposal or release of hazardous materials on the Property by Lessee shall be in compliance with all applicable federal and state laws and regulations. Upon termination of this Lease, Lessee shall remove all hazardous materials used, stored, treated, disposed of or released by it on the Property during the lease term. Lessee shall indemnify and hold Lessor harmless for any loss, liability, cost, expense or claim arising from (1) Lessee's use, generation, storage, release or disposal of any hazardous materials on the Property and (2) Lessee's violation of any law relating to environmental conditions in connection with the Property. The Lessee's obligations under this paragraph shall survive the termination or earlier cancellation of this Lease. 7. Lessor's Covenants. 7.I Title. Lessor covenants that it has good title to the Property and the Materials to be removed from the Property, and warrant and will defend the title to the Property and Material. Furthermore, Lessor will indemnify Lessee against any and all claims, demands, suits, liabilities, damages, losses, costs and expenses (including reasonable attorney's fees) arising from or related to any lien, encumbrance, restriction, or defect in the title to the Property and Material. In the event the holder of any lien or encumbrance against the property commences foreclosure proceedings against the Property, Lessee shall have the right, but not the obligation, to make any cure or redemption payments to stop the foreclosure. In such case, all sums paid by Lessee to stop the foreclosure shall be credited against sums Lessee then owes or may in the future owe to Lessor under Section 3, above. 7.2 Access. Lessor grants to Lessee all necessary access across the Property which is necessary to provide Lessee with access for its operations under this Lease. 7.3 Lessee's Expense Recoveri If, prior to termination hereof, Lessee has incurred expenses in preparing the Property for future operations, then Lessor shall promptly repay Lessee for all such expenses incurred unless such termination results from Lessee's breach or from any of the reasons outlined in Sections 8. 1 through 8.4 hereof. These expenses shall include all labor and overhead costs of Lessee as well as other expenses. 7.4 Access for Removal of Lessee's Equipment. In the event of any termination of this Lease, Lessor shall allow Lessee access to the Property for removal of equipment and extracted material per Section 7.3. 7.5 Condemnation. Lessor warrants and represents that it has no knowledge of any condemnation actions pending or threatened against the Property or any portion thereof. 4 7.6 Real Property Taxes. Lessor is responsible to timely pay all real property taxes owing for the Property. 7.7 Indemnity., Lessor shall indemnify, defend and hold Lessee harmless from and against all claims, demands, suits, liabilities, damages, losses, costs and expenses (including reasonable attorney fees) which may arise by reason of injury to any person or damage to any property as a result of any act or omission of Lessor, unless such injury or damage is caused by an act or omission by Lessee. 7.8 Water. Lessor agrees that Lessee may use all of Lessor's water and water rights on the Property as needed by Lessee for operations under this Lease, without limitation. 7.9 Oil Gas and Other Minerals. Lessor owns the surface rights for the Property, but does not own the oil, gas, and mineral exploration rights. During the term of this Lease, Lessor shall not, to the extent that it has any control, lease, authorize, or allow oil, gas or other mineral exploration or operations which interfere in any manner with Lessee's operations under this Lease. If any such activities are conducted by the owner of the oil, gas, and mineral exploration rights and these activities substantially interfere with Lessee's gravel mining or processing operations, Lessee shall have the option to terminate this Lease. 7.10 Limited Mining Rights of Lessors: Lessor, for itself and for Ron and Janice Thiel, related entities, including but not limited to Iron Mountain Bison Ranch and Jan Thiel, Inc., or limited Lessor use contracted for by Ron and/or Ron and Janice Thiel may, with this expressed reservation contained in this Lease, remove sand, gravel and topsoil from the permitted premises for use on the Lessors' property, provided however, that such removals shall not interfere with Lessee's operations under this Lease, and Lessee will not be held responsbile for any costs or damages incurred as a result of Lessor's or of aforesaid designated representative's removals. In engaging in the limited sand & gravel removal operations, Lessor agrees that it, as well as its aforesaid designated representatives, will comply with all applicable mining laws and regulations, will provide its own insurance covering any damages, personal injuries, loss of life, or any other harm resulting from its activities and will hold the Lessee harmless from any such harm or loss. 8. Termination. This Lease shall terminate on the earlier of: 8.1 One year following the date all commercially salable Material has been removed and sold; 8.2 Lessee terminating this Lease by giving Lessor written notice on or before September 1 of any calendar year stating that Lessee is terminating the Lease as of December 31 of that calendar year; 8.3 On January I, 2016, unless extended pursuant to Section 2; 8.4 Either party terminating this Lease under the default provisions of Section 13, below; 5 8.5 Failure of the Permits transfer process in Section 4, above; 8.6 At Lessee's option, upon substantial interference with Lessee's operations by the oil, gas, or mineral owner, as referred to in Section 7.9. 9. Restoration and Reclamation. Lessee agrees that on completion of the removal of Material from pits that have been dug on the Property, the Lessee will back -slope such pits with unused waste substances, place topsoil on top,, re -seed the back slopes with native grasses, and will otherwise complete all restoration and reclamation requirements of the Colorado Division of Reclamation, Mining and Safety. To the extent the restoration and reclamation is not completed by the termination of the Lease, Lessee shall have the right to enter the Property following Lease termination to conduct such restoration and reclamation work as may be required to discharge Lessee's responsibilities under the Permits and to obtain the release of any bond or other financial assurance provided by Lessee in connection with the Permits. 10. Remediation and Reclamation., Upon termination of the Lessee's mining operation, Lessee will perform remediation or reclamation described as Property as required by the mining permits held by Lessee and issued by the Colorado Division of Minerals and Geology. 11. Notice. Any Notice under this Lease shall be mailed via certified mail, return receipt requested, to the parties at their addresses listed below (or to such other address as a party may designate in writing): Lessee: Lessor: Connell Resources, Inc. 7785 Highland Meadows Parkway, #100 Fort Collins, CO 80528 JRT Limited Partnership PO Box 3170 Cheyenne, WY 82003 Notice shall be considered given when deposited in the mail. 12. Time of the Essence. Time is of the essence to this Lease. 13. Default. If either Lessor or Lessee defaults under this Lease, then the non - defaulting party may give the defaulting party forty-five (45) days written notice specifying the paiticular default or defaults. If said default is not corrected within the 45 -day period, then this Lease, at the option of the party who is not in default, may be terminated by such party, in which case the non -defaulting party may recover from the defaulting pmty such damages as may be proper, including all reasonable attorney's fees and costs. In the event of such default by Lessor, and Lessee elects to treat this Lease as terminated, then any pre -paid royalty not yet earned as of the termination date shall be returned to Lessee. In the event of such default by Lessee, and Lessor elects to treat this Lease as terminated, then all payments made hereunder shall be forfeited and retained by Lessor. In the event, however, the non -defaulting party does not terminate this 6 Lease and instead elects to treat this Lease as being in full force and effect, then the non - defaulting party shall have the right to an action for specific performance or damages, or both, together with all reasonable attorney's fees and costs. 14. Laws and Governmental Regulations. This Lease shall be subject to all federal, state and local laws, executive orders, rules and regulations, and this Lease shall not be terminated in whole or in part, nor shall the Lessee be held liable for failure to comply therewith, if compliance is prevented by, or if such failure is the result of, any such law, order, rule or regulation, or if such compliance is prevented, by, or failure is the result of, inability of the lessee through no fault of its own, to obtain authority to continue production of Material form the Property. 15. Assignment and Subletting. Lessee shall not assign or sublet this Lease without the consent of Lessor, and no assignment or subletting by Lessee shall release Lessee of its obligations, duties and responsibilities hereunder unless such release is in writing and executed by Lessor. 16. Entire Agreement. This Lease constitutes the entire agreement between the parties, and it cannot be modified except in writing signed by both parties. 17., Waiver. Any waiver of any provision of this Lease must be in writing. No waiver of any breach of this Lease shall constitute a waiver of any other or subsequent breach. 18. Invalid Provisions. If any term or provision of this Lease shall be held to any extent invalid or unenforceable, the remaining terms and provisions of this Lease shall be valid and enforceable to the fullest extent permitted by law. 19. Public Notice. At its expense, Lessee may record this Lease, or a Memorandum approved and executed by Lessor of this Lease, with the Weld County Clerk and Recorder. 20. Binding Effect. This Lease Agreement is binding upon, and shall inure to the benefit of, the parties, their heirs, successors, assigns, and legal representatives. 21. Relationship of Parties. Nothing contained in this Lease shall be construed to create the relationship of principal and agent or partnership or joint venture between the patties. 22. Survival of Terms. To the extent necessary to give them effect, the terms of this Lease shall survive any termination of this Lease. LESSOR: JRT Limited Partners n lei A A id aft By: Printed Name: karc its Thithiln- 7 STATE OF WYOMING )ss COUNTY OF LARAMIE Acknowledged before me this .25 day of i1 7- tern item Par4ser is . Witness my hand and official seal. My commission expire PAMELA SPORTS - NOTARY PU31Q COUNTY OF LARAMIE My Commission, Expires Se STATE Or WYOMING bra 2011 LESSOR: Terry Grazing Association B Printed Name: STATE OF WYOMING )ss COUNTY OF LARAMIE as otary Public hfilliClie JLenkwSits \119 Aar CA' , 2011, on behalf of Acknowledged before me this a5 da of in g �' .r r &ra z ; Assae..jd :&n. by Ani y5. A t4 . ,: - _ as V l'ea Pres;eh-/-- Witness my hand and official seal. My commission expires: PAMELA SPORTS - NOTARY PU3LUG STATE OF LARAMIE WYOMIN My Commission Expires September 22, 2011 8 2011, on behalf of tary Public LESSEE: Connell ResQurc Printed Name: Richard Connell, President STATE OF COLORADO ) ss COUNTY OF LARIMER ) Acknowledged before me this t\ Aday of t�'\c :� Connell, President, Connell Resources, Inc. Witness my hand and official seal. My commission expires: Notary Public 9 , 2011, on behalf of Richard MY COMMISSION EXPIRES: August 13, 2011 December 20, 202.2 Weld County Department of Planning and Zoning Development Review 1150 O Street Greeley, Colorado 80631 Connell Resources, Inc. is working to obtain Weld County approval for operations at the Can Pit East (Connell Carr Pit USR 14-0005 Amendment) aggregate mining site. The Carr Pit East site will provide additional aggregate reserves for the Connell Carr Pit, but is not expected to increase daily or annual production rates. Therefore, in lieu of an updated Traffic Impact Study, Connell Resources, Inc. proposes that future operations at the Connell Carr Pit (USR 14-0005), with the approved addition of the Carr Pit Fast amendment, \\ill not exceed the historic and current operations present on site. OPERATI : Connie I Resources, Inc. By: Ngprir � e1�,n Me Vila r re n Title: Yksc%erft STATE OF COLORADO County of Weld Date: IZ/Z/ZZ ss. The foregoing instrument was acknowledged before me this day of raCe-I \c1(n M. v\JarYein WITNESS my hand andOfficial seal. thel Notary Public JENNIFER LINDBLAD Notary Public State of Colorado Notary ID # 20144008302 My Commission Expires 02.21.2026 • Cl r m N N 01 LL • ref N N cn —J • CO CO 00 0 CO O z 0 N- YC O • w cc C- O a Q 2 a z Q 00 • z W u D O w W z z O V cCINNEt t Mining Operation at Carr Pit East Noise Modeling Report October 11, 2022 Prepared for: Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, CO 80522 Prepared by: Behrens and Associates, Inc. 13 806 Inglewood Avenue Hawthorne California, 90250 „Cie jemeit Simon Kim Senior Acoustical Engineer Jason Peetz Engineering Manager Corporate Office: Hawthorne, California Carson, California — Aledo, Texas - Napa California — Longmont, Colorado — McDonald, Pennsylvania 800-679-8633 www.environrnental-noise-control.com w-w.drillingnoisecontrol.corn Behrens and Associates, Inc. Environmental Noise Control 1. Introduction The following report provides a noise modeling assessment of the proposed mining operation in the Can Pit (USR 14-0005) Amendment area (Carr Pit East Site). The proposed Amendment Area (Carr Pit East) is located on approximately 1,590 feet northeast of Weld County Road 126 and approximately 2,500 feet northwest of 4th Street in Weld County, Colorado. Figure 1-1 identifies the site location. To assess the predicted noise levels of the proposed operations, manufacturer sound level data of proposed equipment was used when available. File sound level data previously measured and typical of the equipment was used when manufacturer sound level performance data was not available. The equipment sound level data was used to construct a noise model using SoundPLAN 8.2 software. The following is provided in this report: • A brief introduction of the fundamentals of noise. • A review of the applicable Weld County Code ordinance noise limits • Discussion of noise modeling methodology and results. • An assessment of the predicted noise modeling results Proposed Carr Pit (USR 14-0005) Amendment Area Google Earth Figure 1-1 Proposed Carr Pit (USR 14-0005) Amendment Area Location (Carr Pit East Site) 3000 ft Introduction Behrens and Associates, Inc. Environmental Noise Control 2. 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 2-1. Figure 2-1 Typical Indoor and Outdoor A -Weighted Sound Levels NOISE LEVEL COMMON INDOOR dB (A) SOUND LEVELS 110 Rock Band B-747-200 Takeoff at 2 mi. Gas Lawn Mower at 3 ft. Diesel Truck at 150 ft. DC -9-30 Takeoff at 2 mi. Noisy Urban Daytime Noise Fundamentals Behrens and Associates, Inc. Environmental Noise Control 3. Project Noise Limits The modeling analysis was developed to predict operational noise levels at adjacent properties and assess compliance of the proposed operations with the applicable noise standards of Chapter 14, Article IX of The Home Rule Charter for Weld County, Colorado per the pending Use By Special Review (USR) amendment application. At the time of this analysis, The Department of Public Health and Environment for Weld County has not yet provided the developmental standards or prescribed noise level standards for this land use application and therefore the results of this analysis will not be referenced against the code until such a time that the noise level standards have been prescribed for this application. Project Noise Limits Behrens and Associates, Inc. Environmental Noise Control 4. Amendment Area (Carr Pit East) Mining Noise Modeling 4.1 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 8.2 software using the ISO 9613-2 standard. 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 bathers. To ensure a conservative assessment and compliance with ISO 9613-2 standards, light to moderate winds are assumed to be blowing from the source to receptor. The predicted noise levels represent only the contribution of the proposed mining operations in the amendment area 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 equipment sound level data used in the proposed mining operation modeling was sourced from equipment manufacturer data and archived file data. If equipment specifications were not available or provided, data from similar or typical equipment was utilized. The modeling results are dependent on equipment and mitigation orientation as indicated in this report. Table 4-1 lists the equipment included in the modeling based on current project design documentation. Table 4-1 Equipment Modeled for Proposed Mining Operation at the Amendment Area (Carr Pit East) Source Sound Quantity Equipment Data Source Power Level (Lw dBA) Usage Factor 1 CAT 245 Excavator 1 D-9 Dozer 1 John Deere Ag Tractor 4 50 -ton Rock Haul Truck 7* Conveyer Belt Motors Archived Data Archived Data Archived Data Archived Data Archived Data 107.9 110.1 120.8 95.8 60 60 40 40 100 *Conveyor equipment only included in Scenario 3 modeling Amendment Area (Carr Pit East) Mining Noise Modeling Behrens and Associates, Inc. Environmental Noise Control Three scenarios were constructed and modeled to represent three possible mining configurations at two different areas. Table 4-2 details the configurations for each modeled scenario as shown in Figure 4-1. Scenario 3 utilizes a conveyor system over the creek. Table 4-2 Modeled Scenarios Scenario Operation Location 1 2 3 Southwestern Location Southeastern Location Southeastern Location with Conveyer Belt INCRItFW R1?I VUI7A.A .:•5G:: "i t'.t.='i 1Y -, It16RtAit tiwtltA• a uAJ, u•1•c•u'.Tu rt. CONNELL CARR PIT IN -2O144 -O) i _ wit EIntVIRti-- le 1A Otter rfilMC1LNt Till ItAI!'3CNttAY{rt AA{I PetP 4P ASSOGA1.71 i .r so Y Haul Route ,Au Caere :Ill (I"uNIR..N AClite P II ru ono �r m p I p I /letha=Q Perna 'actitw n• i I Ya.AJl M I►tdt - •,axu n2V nrocrrt.e met t vit1. Katt Pon nrgt.-..LTAit IT/NIALint N"1LYEIT TM-iOtR 1. . 'AA .1 t[: tt#Oliinti n ! I \ Wale Pi'riil-r'n. --a: Overburden Stockpile I r 1 I I SIP — Haul Route I f Par I AMM ■ b%'Tataaa NOIITIMM11I.Y WIT AME1 KCR01LAArE CEI.IRC- L71e Oat Olbt ft 1011 Ql tan" LO! Ilse ant "TJIR4 TOWS Tr.I 2014 •r t 1. sag se rct — ��'r . Nis I I d •.t C5•ERIWOErt/tOCaatiTIhlt • LONE TREE ,.OFTfiittf LIMIT?JIC Jana VAItf, NEAT Haul Route —L�-Q-QDa l9S =at= lelle r aar pea a u LANM.JI Mk INe%A '1, ILAIfY•tatat CARR, wELD COUNTY, COLORADO i OCAPTc Idly! i \pciatostor-FTsdri WJ.1NNfr Scenario 1 Scenario 2 Scenario 3 yAll. rtlati II'ICR PUast tattote cabfl•v, ®ly3 W+Jlr 00j POWIT \ Conveyer Belt jn Silo.?Qt.M4W MCI a'GVI --Waller TPfClt otiSs P,U1x. R.ARao craIaAm I Parr 1 ►On PICT Pal LEGEND: Daac1.I Ur a Mir) ) ct•ikl IBAD 041216 1 10,:1 KP YA*4 Call a MCI tifli• CCSitIC StlutlIr6 !Sark t.Itcrcn Mt) ■■ 14 I.14+C•Y]>*!dfr 6P.KI✓.. CPT:CNIAMt aIOC/iA!MTe.t 14* 1 a4P,EMWP- ntrbOVT40.4RCP= CNPlNTI`''RAM.L TOP We* .MP etfl TIC Mate PAtuL OI%Ma*H F.SWNTNUTIOUO.F 1P1 PRINT liar.O,MVr NAfA'J/t F17I REST ws.rn. All 1M Pts A11I1111PAIE normml TINTO CK_Mr4Y.5 AIM KIT M.TIR.CO it Ikea .6S111lt M AelliStiMa Setts . 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T9 LIAM moan LT nrctantatIN ART, l n.e.tpllra An3LYNT rrvs1C lleC MgwMr} l.n TYPICAL MINING SECTION AT PERMIT BOUNDARY Overburden Stockpile Topsoil Stockpile Man COUNTY ROAD 125 MELD COUNTY PUBLIC WORKS y 1 MINING SECTION tING LONE TREE CREEK EKA*A1EB RT SWIM. (Dee TO Mal TYPICAL MINING SECTION BORDERING LONE TREE CREEK t9• -r RrT Rlft WEE 11uLK 0411411 Figure 4-1 Proposed Mining Operation Locations Amendment Area (Carr Pit East) Mining Noise Modeling Behrens and Associates, Inc. Environmental Noise Control Topsoil and overburden stockpiles were included in the modeling. The locations were determined from current project documentation and are shown in Figure 4-1. 4.2 Noise Receptors The standards indicate that "A noise originating on private property shall be measured at or within the boundaries of the property from which the noise complaint is made." As such, receptor locations were chosen along the property boundary of the nearby residential land uses to assess the mining operational noise levels. Table 4-3 shows the details of receptors. Figure 4-2 indicates the noise receptor locations. Table 4-3 Detail of Receptors Receptor Address 1 2 3 4 5 9114 Stevenson Ave. 9198 Stevenson Ave . 9285 Stevenson Ave. 9391 County Road 126 9531 Stevenson St. Amendment Area (Carr Pit East) Mining Noise Modeling Behrens and Associates, Inc. Environmental Noise Control Figure 4-2 Noise Receptor Locations Amendment Area (Carr Pit East) Mining Noise Modeling Behrens and Associates, Inc. Environmental Noise Control 4.3 Noise Modeling Results The modeled noise levels represent only the contribution of the proposed mining operations in the amendment area 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 results of the noise modeling are presented in Table 4-4. The locations in the tables correspond to the receptor locations identified in Figure 4-2. The noise modeling results indicate that the predicted noise level will be up to 49.0 dBA at Receptor 1 for Scenario 1, up to 47.7 dBA at Receptor 4 for Scenario 2, and up to 47.2 dBA at Receptors 4 and 5 for Scenario 3. Table 4-4 Noise Modeling Results (dBA) Receptor Predicted Operational Noise Level (dBA) Scenario 1 Scenario 2 Scenario 3 R1 R2 R3 R4 R5 49.0 45.9 47.3 46.6 42.0 43.5 44.2 47.6 47.7 47.2 43.3 43.5 47.0 47.2 47.2 The results of the noise modeling are also shown as noise contour maps. Figure 4-3 through Figure 4-5 show the noise contour Map in dBA for each modeled scenario. The noise contours are provided in 5 dB increments with the color scale indicating the sound level of each contour. Amendment Area (Carr Pit East) Mining Noise Modeling Behrens and Associates, Inc. Environmental Noise Control Figure 4-3 Scenario 1 - Operational Noise Contour Map (dBA) Noise Level, dBA • <= 30 30 - 35 35 40 40 - 45 45 - 50 50 - 55 55 - 60 60 - 65 65 - 70 70 - 75 75 - 80 80 - 85 85 - 00 90 0 600 1200 1800 feet Amendment Area (Carr Pit East) Mining Noise Modeling Behrens and Associates, Inc. Environmental Noise Control Figure 4-4 Scenario 2 - Operational Noise Contour Map (dBA) Noise Level, dBA ia <_ 30 80 - 35 35 40 40 - 45 45 - 50 50 - 55 55 - 60 60 - 65 65 - 70 70 - 75 75 - 80 80 - 85 85 - 00 90 0 600 1200 1800 feet Amendment Area (Carr Pit East) Mining Noise Modeling 10 Behrens and Associates, Inc. Environmental Noise Control Figure 4-5 Scenario 3 - Operational Noise Contour Map (dBA) Noise Level, dBA • <= 30 30 - 35 35 40 40 - 45 45 - 50 50 - 55 55 - 60 60 - 65 65 - 70 70 - 75 75 - 80 80 - 85 85 - 00 90 0 600 1200 1800 feet Amendment Area (Carr Pit East) Mining Noise Modeling Behrens and Associates, Inc. Environmental Noise Control 5. Conclusion A noise modeling assessment was conducted for the proposed mining operations in the Carr Pit (USR 14-0005) Amendment area (Can Pit East) in Weld County, Colorado. Three scenarios were constructed and modeled to represent three possible mining configurations at the site. For Scenario 1, the mining operation noise modeling results indicates that the predicted noise levels will be up to 49.0 dBA at Receptor 1. For Scenario 2, the mining operation noise modeling results indicates that the predicted noise levels will be up to 47.7 dBA at Receptor 4. For Scenario 3, the mining operation noise modeling results indicates that the predicted noise levels will be up to 47.2 dBA at Receptors 4 and 5. At the time of this analysis, The Department of Public Health and Environment for Weld County has not yet provided the developmental standards or prescribed noise level standards for this land use application and therefore the results of this analysis were not referenced against the code until such a time that the noise level standards have been prescribed for this application. No additional acoustical mitigation measures are recommended at this time. 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 Decibel Scale The human ear is more sensitive to some sound frequencies than others. It is therefore common practice to apply a filter to measured sound levels to approximate the frequency sensitivity of the human ear. One such filter is called the A -weighted decibel scale which emphasizes sounds between 1,000 and 5,000 Hertz by discounting the frequencies outside of this range. As the human ear is less sensitive to low frequency noise, the A -weighted decibel scale begins to increasingly discount noise below 500 Hertz. Measurements conducted utilizing the A -weighted decibel scale are denoted with an "(A)" or "A" after the decibel abbreviation (dB(A) or dBA). The A -weighted scale is nearly universally used when assessing noise impact on humans. C -Weighted Decibel Scale High level low frequency noise can propagate large distances from its source. Although not always audible, high levels of low frequency noise can induce vibrations in objects or structures which could become evident in ways that might be annoying to humans (e.g., rattling of windows). The C -weighted decibel scale, which was developed to estimate human ear sensitivity to high noise levels, is a flatter filter that does not discount low frequency noise as much as the A -weighted decibel scale. As a result, a C - weighted decibel measurement could be significantly higher than an A -weighted decibel measurement if the noise being measured contains a heavy low frequency content. Measurements conducted utilizing the C -weighted decibel scale are denoted with an "(C)" or "C" after the decibel abbreviation (dB(C) or dBC). C -weighted noise level limits are sometimes included in noise regulations as a way to address low frequency environmental noise issues. 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, dbs. 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. Glossary of Acoustical Terms Behrens and Associates, Inc. Environmental Noise Control 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. Decay Rate The time taken for the sound pressure level at a given frequency to decrease in a room. It is measured in decibels per second, dB/s. 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. 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 a single -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. It is measured in decibels, dB. 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. Glossary of Acoustical Terms Behrens and Associates, Inc. Environmental Noise Control 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, Leg, over a 1 -hour 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. 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 Percentile Sound Level The noise level exceeded for n% of the measurement period where n is between 0.01% and 99.99%. Usually includes a descriptor i.e. A -weighting. Common Ln values include LA 10, LAS 0, and LA90 levels. LA10 would represent the A -weighted sound level that is exceeded for 10% of the measurement period. Masking The process by which the threshold of hearing for one sound is raised by the presence of another sound. Maximum Sound Level (Lmax) Glossary of Acoustical Terms Behrens and Associates, Inc. Environmental Noise Control 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 Isolation Class (NIC) A single number rating derived from the measured values of noise reduction between two enclosed spaces that are connected by one or more partitions. Unlike STC or NNIC, this rating is not adjusted or normalized to a measured or standard reverberation time. 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. Normalized Noise Isolation Class (NNIC) A single number rating similar to the noise isolation class except that the measured noise reduction values are normalized to a reverberation time of 0.5 seconds. 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. 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 fa�ade elements. This rating is designed to correlate with subjective impressions of the ability of fa�ade 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. Glossary of Acoustical Terms Behrens and Associates, Inc. Environmental Noise Control 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. 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) Glossary of Acoustical Terms Behrens and Associates, Inc. Environmental Noise Control 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. 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 CtI1JI\iEtt CONNELL CARR PIT USR 14 -ODDS USE BY SPECIAL REVIEW PERMIT AMENDMENT APPLICATION SUPPLEMENTAL INFORMATION PRELIMINARY DRAINAGE NARRATIVE SUPPLEMENT Expanding on the preliminary narrative provided in the Use by Special Review Permit Amendment Application, this additional discussion includes specific details outlined in the Weld County Code, Section 8-11-40.I that allow exceptions to a full drainage report and stormwater detention pond design. The Connell Carr Pit amendment area is not located in an MS4 area and stormwater leaving the site will not jeopardize public health, safety, and welfare of public and private property. Additionally, within the proposed site, areas disturbed by mining activities shall be graded so that stormwater contacting these areas drains to the pit. Stormwater entering the pit shall infiltrate and/or be pumped to Lone Tree Creek within 72 hours. All stormwater leaving the site, including discharges from the pit, shall comply with Weld County Storm Drainage Criteria and the Colorado Department of Public Health and Environment Discharge Permit System General Permit COG500000. As stated previously in the amendment application, it is not anticipated that groundwater will be encountered during mining, so no groundwater dewatering shall take place from the pit. The property is currently used for rangeland with no infrastructure or improvements. The site shall be reclaimed to rangeland with no improvements, including infrastructure or impervious area, added to the property. The applicant believes that the proposed site, which shall include a gravel pit, qualifies for an exception from a full drainage report and stormwater detention pond design as outlined in Weld County Code, Section 8-11-40.I. All stormwater either falls directly on the site or originates from off -site. The site contains approximately 5,000 feet of Lone Tree Creek, an ephemeral drainage that flows from the west to east through the property. The western most boundary of the Lone Tree Creek basin originates in the Laramie Range of the Rocky Mountains and drains southeast across the relatively flat High Plains and down through the gently rolling topography of the Colorado Piedmont. Several ephemeral tributaries to Lone Tree Creek are more localized, originating within or just outside of the site, with all stormwater runoff generally flowing towards Lone Tree Creek. Although the Lone Tree Creek channel will not be mined, the ephemeral tributaries could be captured by the mining operation. In general, the channel of Lone Tree Creek lies approximately 10 to 15 feet below the surrounding upland elevation. In areas, the channel overbank is wide and contains terraces that drop gently from the surrounding rangeland to the main channel. In other areas the channel and overbank are narrow with a near vertical slope extending from the upland area to the creek channel. The upland rangeland is relatively flat with shallow landform terraces and bluffs rising to the north of Lone Tree Creek. The terraces and mining area north of the creek are patterned by swales and erosion gullies that drain toward Lone Tree Creek. Blue Earth Solutions, LLC • P.O. Box 2427 • Fort Collins, CO 80522 • (970) 227-2803 All stormwater shall leave the site within the Lone Tree Creek channel. Stormwater on the site generally flows towards Lone Tree Creek. North of the creek, the typical stormwater overland and gully flow pattern is to the south. Stormwater flow south of the creek is generally to the north. No previous drainage problems have been observed or reported for the property. The proposed site is used for un-irrigated rangeland. Adjacent land uses are similar. No irrigation facilities or infrastructure are known to exist on or near the site. Since development of the site (aggregate mining) is a continual process, an exact design of the mining operation with associated topography is not practically available. However, in general, the active mining face is expected to extend near 1,000 feet in length and the pit shall extend approximately 500 feet in width prior concurrent reclamation operations. Mining will progress down to the depth of quality aggregate material or 8 to 12 feet below the surface. The related topography, therefore, includes an 8 -foot to 12 -foot hole approximately 10 acres in size with a near vertical mining face on one side and gently sloping side walls created by concurrent reclamation. Safety berms required for the mining operation also serve as temporary diversion berms, diverting stormwater from upgradient undisturbed areas around downgradient areas disturbed by mining. Best management practices are used to minimize erosion and sediment transport in areas where stormwater is concentrated. Areas stripped of topsoil in preparation of mining shall be graded to drain to the pit. Internal haul roads are primarily restricted to the pit area, but haul roads leaving the pit shall be constructed with road ditches to minimize stormwater runoff. As mining progress from the mine pit into reclamation, shallow reclaimed slopes will be created to provide easier access during reclamation and safer access for ranching equipment following mining. Shallower slopes will also aid in establishing vegetation growth and minimize erosion. Grading of pit side slopes and the pit bottom will attempt to adhere to the surrounding natural topography and drainage patterns. The pit floor will be blended into the Lone Tree Creek channel and will be connected to existing drainages only during final reclamation. The Reclamation Plan, Exhibit F of the Division of Reclamation, Mining and Safety permit application, illustrates final reclamation. The mine pit ability to contain stormwater shall exist until final reclamation. During reclamation, all areas disturbed by mining activities shall be prepared with topsoil and overburden and revegetated during reclamation. Revegetation will generate a blend of grass species and, given suitable precipitation, should produce good vegetation cover over much of the reclaimed site. Until vegetation becomes established, best management practices such as surface roughening shall be used to minimize erosion and sediment transport. Connell Carr Pit �r 'J Weld County USR Amendment Application Page 2 of 2 SOLUTIONS STRUCTURE PLAN, PROFILE, AND ELEVATION DRAWING LONE TREE CREEK DRAINAGE CROSSING SHEET 1 OF 6 DATE: February 2017 PROPOSED LONE TREE CREEK CROSSING MINING AREA , PHASE I WELD COUNTY ROAD 126 WELD COUNTY ROAD 17 CONNELL CARR PIT WELD COUNTY, COLORADO PERMIT BOUNDARY MINING AREA PHASE II SITE ENTRANCE APPROXIMATE CENTERLINE LONE TREE CREEK -71 EXHIBIT 1 SITE MAP NORTH 0 800 1600 LEGEND: 4870 4700 NOTES: PERMIT BOUNDARY EXISTING ROAD EXISTING 5 FOOT CONTOUR EXISTING 25 FOOT CONTOUR The proposed permit area is located in Section 21, Township 11 North, Range 67 West of the Sixth Principal Meridian, Weld County, State of Colorado. The proposed permit boundary is consistent with the property parcel boundaries on the west, south, and east sides. These parcel boundaries are also defined by the section lines for Section 21 (T11 N, R67W). The site is bound by Weld County Road 17 to the west and Weld County Road 126 to the south. The northern permit boundary is defined by the extent of the aggregate reserve, but generally bisects the northern half of Section 21. SCALE: 1 " = 800' nr t SOLUTION 4 L 4 I, L .4, 4' .4, W w 4' W W 4• I, V w 14- ,y. 4' 4• 4' S I TaiCitfirm �)f I I 1 l 4, -4, 4' .4+ w W 4 4, t✓1 <. `y) I ( (� * V, 4- .4, 4, f !, iTh W 4 4 4, 4, 4+ y 4 4, 4, 4, w 4+ C '4 '4, 4, w y . _ dam ��'•_ -�, - , �� - PERMIT BOUNDARY 1/4) 0 w w •.Y \, w / �- N O7 + rl .� ♦f O _ o r w \_% w 4, 4% V, 4, 4, 4/ - 4' 4, 'Y w 4 4' y 4• w y PROPOSED LONE .4, 4- .4, , 4 41 w TREE CREEK CROSSING 4. 4, 4. .y .4, 4- •4' w 4, 4+ 4• +L 4, 4, 4 y •L 4, 4• J 4, 4, W W 4 4- ' - 4, 4, 4. V '4. 4, w 4' w 4, 'V 'Y 4' W 4, 4, ,y, .y .y, 4, w 4, 4- -r 4r 4. 4, 4• •4, 'V w 4' 44' '4, 4•. 4- 4' 4' 4, 4. 4. 4+ y w 4, 4' 'Y W ,y 4' .4. W .4, 4+ •4. w w W 4Nit - w 4. w w w w 4- •Y 4, w 4, 4, •4. •Y •4, 4-- 4' .1• 4, 4-' y 4 d• y 4. 4. ,V w 4• 'V 'V 4' 4F w 4- .y. V 4, 4, 4•' 4+ 4, .4. w W • •4' w 4, 4\1, y 4' 4• , w w 4 • W W w '4' '1' w w 'V 4, '1' ▪ 4- w 4+ 4• w W 4' w W 4, w 'I' 4' 4, w 4 a '4' 4% w 4, 4• 4' 4' 4' 4- 4; - ty L w 4 ! 'Y 4, 4, 4, w w O 4, w 4+ w w w w w w v. '4' J> r l / 4+ V 4' w w J> �J O 0 ( 4. 4+ >_0_. 4. 4w 0n �-� 0 10 0 - + + r + + + / \� /� -I- + + + + + + +++++++ -"\ WELD COUNTY ROAD 17 0 C> ± ± + 210- I,f 4- + + + + + + + + T WELD COUNTY ROAD 126 + + + + + + + + + �- �- -x w 4, 4.- 4, 4, 4, w .y w V \___,0 00 0 0 _ ' K PHASE II 0L > (;)CI O•��C��G�)C�0UvG J� r-, ) O 0 0 0 04 y w 4- 4, 4.' 4+ , .\ '_' } �-'� 0 ,.1_./ r\ 4, 4-4, 4 I L.,> O O L,) Jr * w v Y w w v i c1, y 4, y y y w 4+ y w 4' .. 0 PG 4' Y V 0 4, w 4 4, '' •Y W 4, 4, 4, W MINING AREA 4 Y w ' 4, 1 jr-N) • t y 4 4 4 V l ) 0 MINING AREA PHASE I 4, 4- y 4, 4. •.Y 4, 4: 4. w v 4, 4, w W 4, t,. t• y w w 4, w O 0 0 0 / 000° 00 0 4' 4 .41 w �_/ 0 0 0 0 4, 4 4, 4, 4, O O O /,�1 O (� O 4, w 'L 4• 4' w V '�-/ ``_' . V cm 0 0 0 \ .y, w 4, .y. .y, w 4,- r \ (-�) 4- 4, 4, 4+ 4, 4' J 0 V �'�! 1J w 4 L 4' 4 !; i- 4, (� l-\ 0 4, 4, 4 4, 4, 4, 4, l 1 'r', 4' 4' W w 4.' 4' w \ �/ 4. 4, 4+ w 4, w 4, 4, 4, 4, w •4, C 0 ./ 4r 4' w w 4' 4' w 4, . /�'\ w 4, w 4, 4? w v- 4' !.r �) d, w 4, '4 4- y * C) w 4+ •4' W w ,V w v eTh (l. w '4' -� 4, 4, 4, 0 _�, �� N O T E S N, 0 O O O O SITE ENTRANCE ' c�, 1 Wiz. O�>n 1. + + �►- I 4- -f -+- \ \ • • efe 4, 4, 4, Nit 4, 4 'V 1-) 0 0 0 O 0 LEGEND: PERMIT BOUNDARY EXISTING ROAD SOILS LEGEND Altvan fine sandy loam, 0 to 6 percent slopes 4 Ascalon fine sandy loam, 0 to 6 percent slopes 20 Cascajo gravelly sandy loam, 5 to 20 percent slopes 29 Haverson loam, 0 to 3 percent slopes 47 Otero sandy loam, 3 to 9 percent slopes 51 Peetz gravelly sandy loam, 5 to 20 percent slopes 54 Platner loam, 0 to 3 percent slopes -I- Dnor Traditional organic topsoil on most of the site is thin or non existent. Majority of the soils in the proposed permit area Altvan and Ascalon fine sandy looms and Peetz gravely sandy loam. Mobile soil particles, such as silt and clay, have eroded from higher topographic positions and re -deposited in lower areas, therefore, swale areas may have finer textured soils than ridgetops. SHEET 2 OF 6 DATE: February 2017 CONNELL CARR PIT WELD COUNTY, COLORADO EXHIBIT 2 SOILS MAP SCALE: 1" = 800' b ue eort SOLUTIONS 4 •: elm 1' a r r =* •r'« : t • ,r"J,,,w•. • • t 'C isk i JURISDICTIONAL WETLAND LIMITS SP -2 SP -1 PROPOSED LONE TREE CREEK CROSSING CENTERLINE 1\ N r k>N \. ANN r ►4 1*4 • a �t rot M • • 577Q \\\\\\\� \\T, SP -6 SP -4 1\ • \\ PROPOSED JURISDICTIONAL as -%'\V'\ � WETLAND IMPACT AREA (0.11 ACRES) S A SP -3 Na CIA\ %\k \ANN <N EDGE OF WATER (AT TIME OF SURVEY) SP -5 ; \\. ,\\ N N )=--fr • '4' e N 1i It NORTH 60 120 LEGEND ••• ••• 4876- 4835 WETLAND LIMITS EDGE OF WATER ONE FOOT CONTOUR 5 FOOT CONTOUR DECIDUOUS TREE WETLAND SOIL SAMPLE PIT 0TES CHANNEL OF LONE TREE CREEK LIES APPPDXI VIATELY 15 TO 20 FEET 3EL0W THE SU POUNDING UPLAND ELEVATION DRAT FEET, N AGE WIDTH APPROX MATELY 100 3. DRAI\AGE 3OTTOV AND SIDE SLOPES DOMINATED 3Y WETLAND HYDROSE=s'ES, INCLUDING SHALLOW OPEN WATER, AQUATIC VEGETATION, EVEGENT VEGETATION, VIE IC WETLANDS, FACULTATIVE WETLANDS, AND RIPARIAN WOODY PLANTS AND TREES NATIVE TO �IPARIA\ AREAS OF THE SHORTGASS PAIIE OF COLORADO. NO KN TREE C DATA. O WN GAGING STATIONS ON LONE REEK CR OTHER AVAILA3LE FLOW SHEET 3 OF 6 CONNELL CARR PIT WELD COUNTY, COLORADO EXHIBIT 3 LONE TREE CREEK CROSSING PROPOSED WETLAND IMPACT MAP flue eort SOLUTIONS DATE: February 2017 SCALE: 1" = 60' EDGE OF WATER (AT TIME OF SURVEY) SHEET 4 OF 6 DATE: February 2017 NN N \ PLACE WETLAND \\\ �\ CONNELL CARR PIT SOD ON TOE OF FILL WELD COUNTY, COLORADO SAFETY BARRIER RIPRAP DOWNSTREAM EAMBANKMENT PLANT SALVAGED RIPARIAN VEGETATION AT TOE OF FILL ENERGY DISIPATOR JURSIDICTIONAL WETLAND LIMITS \ NORTH 40 WETLAND LIMITS EDGE OF WATER ONE FOOT CONTOU 5 FOOT CONTOUR DECIDUOUS T 1. THE PROJECT TEMPORARILY IMPACTS 0.11 ACRES (4,588 SO.FT.) OF LONE TREE CREEK JURISDICTIONAL WETLANDS. DELINEATE ANTICIPATED CON DISTURBANCE AREA WITH CO FENCING BARRIER PRIOR TO CONSTRUCTION. 3. ROAD SHALL BE 24 FEET WIDE AND SURFACED WITH A COMPACTABLE ROAD BASE MATERIAL. EMBANKMENT SIDE SLOPES SHALL LSE 2H:1V V OR FLATTER. CULVERT SLOPE SHALL BE NEARLY FLAT (0.2 - 0.4 PERCENT SLOPE). AN ENERGY DISSIPATOR SHALL BE INSTALLED AT THE CULVERT OUTLET. ALL DISTURBED AREAS TO 3E STABILIZED A\D REVEGETATED AS SOO\ AS IS PRACTICAL FOLLOWING CO\STRUCTION, EXHIBIT 4 LONE TREE CREEK CROSSING PROPOSED CROSSING PLAN VIEW NOTE S i 1, ROAD STRUCTURAL SAND, CROSSING AND FINES FILL SHALL MATERIAL FROM BE THE CONSTRUCTED. COMPOSED MINING SITE. OF WITH GRAVEL, 0 NORTH 40 80 HORIZ. 2. ACCESS ROAD FILL MATEFIAL SHALL _ BE PLACED IN LIFTS THROUGH AND THE COMPACTED MATERIAL. TO PREVENT _ SEEPAGE 0 13 26 VERT. 3. CONCRETE BOX CULVERT WITH INTERNAL I\ DIVE\SIONS AND AND PRE—EXISTI\G STALLED 12 AT FEET THE IN OF INVERT THE WIDE CREEK NOT L0CATI (INNER LESS ELEVATIO\ CHA\NEL. O\ THAN DIVENSIO\S) AND 3.5 OF, DIRECTION FEET THE SHALL HIGH OF, 31- SCALE IN FEET 5765 5765 EXISTING I 5760 5760 GROUND - f. . ,.3, ____ 5755 . -, , �L 5755 `�\ PROPOSED TOP OF GRADE CULVERT 1 il..; ::: _ `..:,. ..,.-•;Ys :.. 5750 CONC -- BETE EL=5742.83- 5750 --_ -"` CULVERT (x2) I -. --1---�. L , 5745 �- ;�� .�� 5745 j j ,;; //' ~'/� BEG1\ ROAD ,, . /N. i t , \,f f �_ i TRANSITION � �f off ; `" � N.:4/�,f/%'�fj\�� \' 5740 E L=5747.86' �, f a_ �/,��'`•N, �MS7 5740 f�Nsf: f� ENG ROAD �,,_i`N i .� TR A\ SI TI O\ - ,, �, 5735 F 5735 ,� �;��'��y EL=5747.42' STRUCTURAL -.: ,vti,� ; • ,,,, BOTTOM OF FILL EXCAVATE TO CULVERT 1 5730 5730 COMPETENT I IATERIAL EL=5738.04 9+50 10+00 11+00 12+00 12+50 SHEET DATE: OF February 5 6 2017 CONNELL CARR PIT SerOlue, EXHIBIT 5 LONE TREE CREEK CROSSING POr PROPOSED CROSSING SECTION VIEW n WELD COUNTY, COLORADO SOLUTICI S • • 'a./ • _ 4 • C JURISDICTIONAL WETLAND LIMITS CREATE CHANNEL SLOPE AND MOPHOLOGY NN DISTURBED AREA FOOTPRINT REGRADE UPLAND SLOPE AND PLANT WITH SALVAGED RIPARIAN VEGETATION Sir S • • • \\`\\\\' \ �\\\\\\ \\\ X770 4' • N A NN EDGE OF WATER (AT TIME OF SURVEY) REGRADE UPLAND SLOPE AND PLANT N WITH SALVAGED RIPARIAN VEGETATION \\ \\�` . REPLACE WETLAND \` `\ ��\ SOILS IN DRAINAGE BOTTOM AND COVER \ \\ ` WITH SALVAGED WETLAND SOD \.' \\\ N r l I N NORTH 60 120 LEGEND 4876 4835 WETLAND LIMITS EDGE OF WATER ONE FOOT CONTOU 5 FOOT CONTOUR DECIDUOUS TREE OTES AS SOON AS OPERATIO CREEK CROSSING SHALL THE DISTURBED AREA NS ALLOW, THE BE REF LOVED AND RECLAIMED, RECLAMATION SHALL REv OVE ALL FILL MATERIAL IN THE DISTURBED JURISDICTIONAL WETLAND AND WATERS OF THE U.S. 3. WETLA\D SOILS WILL 3E REPLACED WITHIN ALL DISTURBED WETLA\D AREAS TO ORIGINAL ELEVATIONS AND THE PRE-EXISTING CREEK CHA\\EL SHALL 3E RE-CREATED TO PROVIDE A SI V ILAR CHANNEL SIZE, GEOv ETRY, AND SLOPE. 4. SALVAGED WETLAND GRASS SOD SHALL 3E PREFERENTIALLY USED TO STABILIZE CREEK CHANNEL EV BAN KV ENTS. 5. RECLAVATION ACTIVITIES SHALL 3E PERFORvED DURING LATE FALL TO v INIVIZE POTENTIAL OF HIGH CREEK FLOWS DURIN J v ATERIAL HANDLING AND CAD NC. SHEET 6 OF 6 CONNELL CARR PIT WELD COUNTY, COLORADO EXHIBIT 6 LONE TREE CREEK CROSSING RECLAMATION PLAN VIEW to eart SOLUTIONS h DATE: February 2017 SCALE: 1" = 6O' LEGAL RIGHT TO ENTER SOURCE OF LEGAL RIGHT TO ENTER The undersigned, as owner(s) of property as set forth in the legal description and/or vicinity map attached hereto and made a part hereof by reference, hereby agrees to the inclusion of said property in the Carr Pit East Regular (112) Operation reclamation permit application of Connell Resources, Inc. for the purposes of mining construction materials and reclaiming said property in accordance with the requirements of the permit. Terry Grazing Association State of Colorado t,4J',0 is^:w"e )ss. County of Lo%*cat Date: 02 a9) Zone '- The foregoing instrument was acknowledged before me this 7 day of fear , 20yi, g g g � by I—i ml -5. l.en\ne..dA , as 9(e,kkev,v Witness my hand and official seal. (SEAL) RACHEL AUSTIN - NOTARY PUBLIC COUNTY OF I_ARAMIE STATE OF WYOMING M' COWSS'OON EXPIRES CECEMSER `6.2Ci24 My Commission Expires:OeCeHnher Co, 2O7(4 • -81r2'. rte` • g14.-.1.1..••••••• F ' 1 J'.• . �,. 1 4007567 Pages." _ of 4 04/07/2014 04:34 P11 R Fee:$26.00 Steve Moreno; Clerk and Recorder, Weld County, CO liii Ii'I!lMi iI" '1'! ''�i 11111 FIRST AMENDMENT TO SAND AND GRAVEL LEASE This First Amendment to Sand and Gravel Lease ("Amendment") is entered into effective September 16th, 2013 ("Effective Date") and amends the Sand and Gravel Lease ("Lease") for the Carraucker Pit in Weld County, Colorado dated January 1, 2011 between JRT Limited Partnership and Terry Grazing Association, P.O. Box 3170, Cheyenne, WY 82003, ("Lessor") and Connell Resources, Inc., a Colorado Corporation, 7785 Highland Meadows Parkway Suite 100, Fort Collins, CO 80528 ("Lessee"). 1. Term of Lease. In Section 2, the term of the Lease is amended to continue to January 1, 2031. 2. Royalty Amounts. Section 3.1, is amended by adding the following language at the end: The royalty for all sand and gravel Material shall be changed beginning on the following dates to the following amounts: on January 1, 2016: $ per ton; on January 1, 2021, $ per ton; on January 1, 2026: $ per ton; on January 1, 2031: $ per ton. 3. Minimum Tonnage Requirements. Section 3.3 of the Lease is amended so that: the minimum tonnage per year for each calendar year is reduced to 15,000 tons and Sections 3.3.1 and 3.3.2 are hereby deleted. 4. Permit Ownership and Management. Section 4 is hereby deleted and replaced with the following language: Lessee currently holds permits for a gravel mining operation on the Property. Lessee will be responsible for complying with all such permits and for paying ongoing premiums for the reclamation bond. 5. Real Property Taxes. Section 7.6 is amended by adding the following language at the end: except that the Lessee shall be responsible for and shall pay all real estate taxes assessed for earth or stone products produced from the Property during the term of the Lease. 6. DPW Game Area. New Section 7.11, "DPW Game Area.", is hereby added with the following language: The Lessor shall be responsible for renegotiating Lessor's current agreement with the Colorado Department of Parks and Wildlife ("DPW") so that Section 21 of Lessors Property is no longer included in the public access agreement with DPW. Lessor agrees to complete this revision to the DPW 4007567 Pages: 2 of 04/07/2014 04:34 PM R Fee:$_100 $_ 100 Steve Moreno, Clerk and Recorder, Weld County, CO liii IPjJ JE,? i1$i'j'd fc 4'i M''°I N'Is H ' F,i /4iiiii, 11 1111 agreement prior to final approval of mining permits on Section 21 by the State of Colorado and by Weld County. E. Termination. Section 8.3 is amended to: January 1, 2031 and Section 8.5 is hereby deleted. 8. inconsistency`, In the event of any inconsistency between the terms of this Amendment and any other Lease terms, this Amendment shall control. 9. Continuing Effect. Except as amended by this Amendment, the Lease terms remain unchanged and in full force and effect. 10. Defined Terms. Except as otherwise defined in this Amendment, capitalized words and phrases are as defined in the Lease. e v`Signature pages follow.] 4007567 Pages: 3 of 04/07/2014 04:34 PM 1 R Fee: $26 .00 Steve Moreno; Clerk and Recorder, Weld County, CO ®III rare liii! LESSOR: JRT Limited Partnership By: Printed *rter STNIE OF WYOMING COUNTY OF LARAMIE 1 0AL..til Name: ss Les�� h � t � its �`�.. a Acknowledged before me this m day of 3Ci*crn , 2013, on behalf of g _ JRT Limited Partnership by __M,' \./ ,ex-Lb/AAA,- - as jai-hitt/. Witness my hand and official seal. My commission expires: LESSOR: Terry Grazing Associa on By: Printed . Name: STATE OF WYOMING )ss COUNTY OF LARAMIE TWA WCCCHQUSE • NOTARY FU5LIC L Notary otary Public Acknowledged before me this .14 day of SODS g � Terry Grazing Association by Oririj b yiall as Witness my hand and official seal. My commission expires: dtw.i, i a0 3 leibt P U State cf Wyoming I M1 ertiliebt ,' .:.gym 3, 2U16 a Notary Public ,. -Litt— its 2013, on behalf of awsvaftestrit QHR,i$fNA WQQSHCUSE • NOTARY PUBLIC .V •Y u.1f� eafirra 6araade State of w -G My Commission Expires IMO 3, 201e d 4007567 Pages: 4 c, 4 04/07/2014 04:34 PM R Fee:$26.00 Steve Moreno. Clerk and Recorder, Weld County, CO 11111 LESSEE: Connell Resources, Inc. zi's • , 1 547 v Printed Name: Richard Connell, President STATE OF COLORADO COUNTY OF LARIMER ) Acknowledged before me thi ;••'''L m a President of Connell Reso . • s,:'�w ANDERSONT. GLAS -Witness my hand and official )ss .•. 9COL MY COMMISSION EXPIRES; Mv commission expires: Decembe a4s 2013, by Richard Connell as Notary/ ublic SAND AND GRAVEL LEASE THIS LEASE, is entered into and is effective as of January 1, 2011 between JRT Limited Partnership and Terry Grazing Association, P.O. Box 3170, Cheyenne, WY 82003, (jointly referred to as the "Lessor"), and Connell Resources, Inc. or assigns ("Lessee"). In consideration of the mutual covenants contained in this Lease, and for other valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. Leased Proaty. Lessor, Terry Grazing Association, is the owner of real property (the "Property") and Lessor, JRT Limited Partnership is the owner of the Material located on that propertly situated in the County of Weld and State of Colorado and more specifically described as: a. The currently -operating Carr/Tucker Pit, including all of Section 17, Township 1 1, Range 67, except 1 acre in SW4SW4, and the N2NE4 in Section 20, Township 11, Range 67, Quarter Section I, AND b. additional real property which is being added to the Carr/Tucker Pit, including all of Section 21, Township 11, Range 67, and the S W4&S2SE4 in Section 22, Township 1 1 , Range 67 (25RR). Lessor, in consideration of the royalties herein reserved and the covenants to be performed by the Lessee, does hereby lease, let, and demise unto the Lessee for the purposes of mining and processing sand, gravel, rock, overburden (fill dirt), and related materials (collectively referred to as "Material") from the Property, stockpiling and storing Material on the Property, and for conducting any and all related activities including, but not limited to, testing, drilling, surveying and inspecting the Property; constructing, operating, using, dismantling and removing an asphalt plant on the Property; constructing, operating, using, dismantling, and removing a concrete batch plant on the Property; and constructing, using and operating any other improvements, processing plants, scales, sales offices, facilities other improvements, machinery and equipment in connection with Lessee's operation on the Property. Lessee shall also have the right to import and store on the Property sand, gravel, and similar materials for resale from the Property. All Material extracted from the Property by the Lessee (including any stockpiled, processed Material located on the Property) shall, subject to the payment of Royalty amount herein stated, be considered the sole property of Lessee. 2. Term ofLease. Lease. Unless earlier terminated under Section 8 below, this Lease shall be in effect as of the date set forth in the introductory paragraph and shall continue until January 1, 2016. Lessee shall also have the option to extend the lease for an additional 5 years on the same terms. 3. Royalties and Minimum Tonnage Recuirement. 3.1 Royalty Amounts. Lessee shall pay Lessor JRT Limited Partnership a royalty of: (i) $1.00 per ton for all sand and gravel Material and (ii) $.50 per ton for all overburden (fill dirt and related materials) removed from the leased premises by the Lessee. The Lessee's weight tickets from a certified scale will be used to determine the Royalty due Lessor, which records shall be available to Lessor on a monthly basis, all as herein provided. 3.2 Royalty Payment Terms. Lessee's royalty payments are due by the 25th day of each month following the month in which the Material is removed from the leased premises. If any monthly payment is not received by the 10th day of the month following the due date, a late fee of 1% of such payment shall be added to the balance due. 3.3 Minimum Tonna e Requirement. Lessee will be required to pay Lessor for a minimum of 3 0, 000 tons of Material per year for each calendar year, however, further provided that: 3.3.1 Excess tonnage, the net amount over the minimum for any year, accrues and carries forward to subsequent years and counts as a credit toward the minimum annual tonnage for subsequent years. (For example, if the total tonnage for 2011 is 35,000 tons, that meets the minimum for 2011 and results in a credit of 5,000 tons, which is carried forward.) 3.3.2 If the annual minimum tonnage requirement (including credits for any unused, accrued tonnage credits for previous years) does not meet the annual minimum, then Lessee shall pay Lessor for the shortfall by January 25th of the following year. 4. Permit Ownership and Management. Yarra Companies, Inc. currently holds permits for a gravel mining operation on the Property. Lessee will coordinate with Lessor for the transfer to Lessee of applicable permits authorizing such operations from the appropriate governmental authorities ("Permits"). Lessee will be responsible for complying with all such permits, both before and after transfer, and for paying ongoing premiums for the reclamation bond. In the event Lessor is unable to complete the transfer of applicable permits, the responsibility shall fall on the Lessee to obtain the applicable permits. 5. Records and Reports. Lessee and Lessor shall keep records and furnish reports to each other as follows: 5.1 Material Records. Lessee agrees to keep strict and accurate records, including scale weight tickets, of all Material removed from the Property, and the Lessor shall have the privilege, during business hours, of examining the mining procedures and checking the books and records of Lessee for the purpose of verifying the amount of production and of royalties payable. 5.2 Monthly Reports. Lessee shall forward to Lessor monthly reports showing the quantity of Material removed during the preceding month. Such reports shall be forwarded to Lessor by the 25th day of the month for the preceding month. The parties acknowledge that during certain months of the year it may be impractical to remove Material because of weather conditions and no report shall be required for any month during which no Material 2 has been removed. 5.3 Liability Insurance. Within 30 days following the date of this Lease, Lessee shall furnish to the Lessor copies of certificates of insurance showing that the Lessee has insurance coverage covering Lessee's operations on the premises. Said insurance shall provide that Lessor be given notice priorto cancellation of said insurance. 6. Lessee's Covenants., 6.1 Lessee's Possession/Lessor's Access. Lessee shall have, and it is hereby given and granted, the right to enter into and take over immediately the exclusive possession and control of the leased premises, subject to the reservations of the Lessor contained herein which include, among others Lessor's use for personal access during the term of this agreement and any extensions thereof, to remain in possession and control thereof, and to sample, test, examine, develop, work, mine, operate, use, manage and control the same, including water and water rights appurtenant thereto as the same may be required, and to mine, extract and remove from said property sand and gravel, asphalt, and other salable materials therein belonging thereto, and to erect, construct, maintain, use and operate thereon and therein buildings, structures, machinery, and equipment used in connection with the extraction, processing and sale of sand and gravel and other salable products associated therewith. 6.2 ,Conduct of Operations. Lessee will cause all operations under this Lease to be carried on in a commercially reasonable manner and in accordance with all applicable federal, state and local regulations, permits, and the terms and conditions of any bond issued relative to such operations. Materials shall be removed from each excavation to the point commercially feasible, through the use of equipment selected by the Lessee. 6.3 Liens/Indemnity. Lessee shall keep the Property free and clear of liens for labor done or work performed under this Lease, and shall keep the Property free from all other forms of encumbrance, and will hold Lessor harmless from all claims, demands, suits, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) which may arise by reason of injury to any person employed by Lessee on the Property, or which may arise by reason of injury to any persons or damage to any property as a result of any operations of Lessee. 6.4 Surrender of Possession. In the event of a valid termination of this lease, Lessee will surrender to Lessor peaceable possession of the Property, subject to Lessee's right to leave equipment and Materials on the Property and have access to remove such equipment and Materials. Co -incident with such surrender, Lessee shall deliver to Lessor a release of all its interest in this Lease. Lessee shall have 120 days to remove all of Lessee's equipment from the Property, plus an extension of time, at no charge, for any snow or mud conditions which cause such equipment removal to be impossible or impractical. Lessee shall offer to sell to Lessor, at a price to be negotiated, any of Lessee's processed Material which is stockpiled on the prop etty. If no agreement can be reached, Lessee shall have 12 months to remove all of Lessee's processed Material from the Property, plus an extension 3 • of time, at no charge, for any snow or mud conditions which cause such Material removal to be impossible or impractical. 6.5 Personal Property Taxes. Lessee shall pay when due all taxes levied or assessed against all personal property placed upon the Property by Lessee during the Lease term. 6.6 Hazardous Materials. Any use, storage, treatment, disposal or release of hazardous materials on the Property by Lessee shall be in compliance with all applicable federal and state laws and regulations. Upon termination of this Lease, Lessee shall remove all hazardous materials used, stored, treated, disposed of or released by it on the Property during the lease term. Lessee shall indemnify and hold Lessor harmless for any loss, liability, cost, expense or claim arising from (1) Lessee's use, generation, storage, release or disposal of any hazardous materials on the Property and (2) Lessee's violation of any law relating to environmental conditions in connection with the Property. The Lessee's obligations under this paragraph shall survive the termination or earlier cancellation of this Lease. 7. Lessor's Covenants. 7.I Title. Lessor covenants that it has good title to the Property and the Materials to be removed from the Property, and warrant and will defend the title to the Property and Material. Furthermore, Lessor will indemnify Lessee against any and all claims, demands, suits, liabilities, damages, losses, costs and expenses (including reasonable attorney's fees) arising from or related to any lien, encumbrance, restriction, or defect in the title to the Property and Material. In the event the holder of any lien or encumbrance against the property commences foreclosure proceedings against the Property, Lessee shall have the right, but not the obligation, to make any cure or redemption payments to stop the foreclosure. In such case, all sums paid by Lessee to stop the foreclosure shall be credited against sums Lessee then owes or may in the future owe to Lessor under Section 3, above. 7.2 Access. Lessor grants to Lessee all necessary access across the Property which is necessary to provide Lessee with access for its operations under this Lease. 7.3 Lessee's Expense Recoveri If, prior to termination hereof, Lessee has incurred expenses in preparing the Property for future operations, then Lessor shall promptly repay Lessee for all such expenses incurred unless such termination results from Lessee's breach or from any of the reasons outlined in Sections 8. 1 through 8.4 hereof. These expenses shall include all labor and overhead costs of Lessee as well as other expenses. 7.4 Access for Removal of Lessee's Equipment. In the event of any termination of this Lease, Lessor shall allow Lessee access to the Property for removal of equipment and extracted material per Section 7.3. 7.5 Condemnation. Lessor warrants and represents that it has no knowledge of any condemnation actions pending or threatened against the Property or any portion thereof. 4 7.6 Real Property Taxes. Lessor is responsible to timely pay all real property taxes owing for the Property. 7.7 Indemnity., Lessor shall indemnify, defend and hold Lessee harmless from and against all claims, demands, suits, liabilities, damages, losses, costs and expenses (including reasonable attorney fees) which may arise by reason of injury to any person or damage to any property as a result of any act or omission of Lessor, unless such injury or damage is caused by an act or omission by Lessee. 7.8 Water. Lessor agrees that Lessee may use all of Lessor's water and water rights on the Property as needed by Lessee for operations under this Lease, without limitation. 7.9 Oil Gas and Other Minerals. Lessor owns the surface rights for the Property, but does not own the oil, gas, and mineral exploration rights. During the term of this Lease, Lessor shall not, to the extent that it has any control, lease, authorize, or allow oil, gas or other mineral exploration or operations which interfere in any manner with Lessee's operations under this Lease. If any such activities are conducted by the owner of the oil, gas, and mineral exploration rights and these activities substantially interfere with Lessee's gravel mining or processing operations, Lessee shall have the option to terminate this Lease. 7.10 Limited Mining Rights of Lessors: Lessor, for itself and for Ron and Janice Thiel, related entities, including but not limited to Iron Mountain Bison Ranch and Jan Thiel, Inc., or limited Lessor use contracted for by Ron and/or Ron and Janice Thiel may, with this expressed reservation contained in this Lease, remove sand, gravel and topsoil from the permitted premises for use on the Lessors' property, provided however, that such removals shall not interfere with Lessee's operations under this Lease, and Lessee will not be held responsbile for any costs or damages incurred as a result of Lessor's or of aforesaid designated representative's removals. In engaging in the limited sand & gravel removal operations, Lessor agrees that it, as well as its aforesaid designated representatives, will comply with all applicable mining laws and regulations, will provide its own insurance covering any damages, personal injuries, loss of life, or any other harm resulting from its activities and will hold the Lessee harmless from any such harm or loss. 8. Termination. This Lease shall terminate on the earlier of: 8.1 One year following the date all commercially salable Material has been removed and sold; 8.2 Lessee terminating this Lease by giving Lessor written notice on or before September 1 of any calendar year stating that Lessee is terminating the Lease as of December 31 of that calendar year; 8.3 On January I, 2016, unless extended pursuant to Section 2; 8.4 Either party terminating this Lease under the default provisions of Section 13, below; 5 8.5 Failure of the Permits transfer process in Section 4, above; 8.6 At Lessee's option, upon substantial interference with Lessee's operations by the oil, gas, or mineral owner, as referred to in Section 7.9. 9. Restoration and Reclamation. Lessee agrees that on completion of the removal of Material from pits that have been dug on the Property, the Lessee will back -slope such pits with unused waste substances, place topsoil on top,, re -seed the back slopes with native grasses, and will otherwise complete all restoration and reclamation requirements of the Colorado Division of Reclamation, Mining and Safety. To the extent the restoration and reclamation is not completed by the termination of the Lease, Lessee shall have the right to enter the Property following Lease termination to conduct such restoration and reclamation work as may be required to discharge Lessee's responsibilities under the Permits and to obtain the release of any bond or other financial assurance provided by Lessee in connection with the Permits. 10. Remediation and Reclamation., Upon termination of the Lessee's mining operation, Lessee will perform remediation or reclamation described as Property as required by the mining permits held by Lessee and issued by the Colorado Division of Minerals and Geology. 11. Notice. Any Notice under this Lease shall be mailed via certified mail, return receipt requested, to the parties at their addresses listed below (or to such other address as a party may designate in writing): Lessee: Lessor: Connell Resources, Inc. 7785 Highland Meadows Parkway, #100 Fort Collins, CO 80528 JRT Limited Partnership PO Box 3170 Cheyenne, WY 82003 Notice shall be considered given when deposited in the mail. 12. Time of the Essence. Time is of the essence to this Lease. 13. Default. If either Lessor or Lessee defaults under this Lease, then the non - defaulting party may give the defaulting party forty-five (45) days written notice specifying the paiticular default or defaults. If said default is not corrected within the 45 -day period, then this Lease, at the option of the party who is not in default, may be terminated by such party, in which case the non -defaulting party may recover from the defaulting pmty such damages as may be proper, including all reasonable attorney's fees and costs. In the event of such default by Lessor, and Lessee elects to treat this Lease as terminated, then any pre -paid royalty not yet earned as of the termination date shall be returned to Lessee. In the event of such default by Lessee, and Lessor elects to treat this Lease as terminated, then all payments made hereunder shall be forfeited and retained by Lessor. In the event, however, the non -defaulting party does not terminate this 6 Lease and instead elects to treat this Lease as being in full force and effect, then the non - defaulting party shall have the right to an action for specific performance or damages, or both, together with all reasonable attorney's fees and costs. 14. Laws and Governmental Regulations. This Lease shall be subject to all federal, state and local laws, executive orders, rules and regulations, and this Lease shall not be terminated in whole or in part, nor shall the Lessee be held liable for failure to comply therewith, if compliance is prevented by, or if such failure is the result of, any such law, order, rule or regulation, or if such compliance is prevented, by, or failure is the result of, inability of the lessee through no fault of its own, to obtain authority to continue production of Material form the Property. 15. Assignment and Subletting. Lessee shall not assign or sublet this Lease without the consent of Lessor, and no assignment or subletting by Lessee shall release Lessee of its obligations, duties and responsibilities hereunder unless such release is in writing and executed by Lessor. 16. Entire Agreement. This Lease constitutes the entire agreement between the parties, and it cannot be modified except in writing signed by both parties. 17., Waiver. Any waiver of any provision of this Lease must be in writing. No waiver of any breach of this Lease shall constitute a waiver of any other or subsequent breach. 18. Invalid Provisions. If any term or provision of this Lease shall be held to any extent invalid or unenforceable, the remaining terms and provisions of this Lease shall be valid and enforceable to the fullest extent permitted by law. 19. Public Notice. At its expense, Lessee may record this Lease, or a Memorandum approved and executed by Lessor of this Lease, with the Weld County Clerk and Recorder. 20. Binding Effect. This Lease Agreement is binding upon, and shall inure to the benefit of, the parties, their heirs, successors, assigns, and legal representatives. 21. Relationship of Parties. Nothing contained in this Lease shall be construed to create the relationship of principal and agent or partnership or joint venture between the patties. 22. Survival of Terms. To the extent necessary to give them effect, the terms of this Lease shall survive any termination of this Lease. LESSOR: JRT Limited Partners n lei A A id aft By: Printed Name: karc its Thithiln- 7 STATE OF WYOMING )ss COUNTY OF LARAMIE Acknowledged before me this .25 day of i1 7- tern item Par4ser is . Witness my hand and official seal. My commission expire PAMELA SPORTS - NOTARY PU31Q COUNTY OF LARAMIE My Commission, Expires Se STATE Or WYOMING bra 2011 LESSOR: Terry Grazing Association B Printed Name: STATE OF WYOMING )ss COUNTY OF LARAMIE as otary Public hfilliClie JLenkwSits \119 Aar CA' , 2011, on behalf of Acknowledged before me this a5 da of in g �' .r r &ra z ; Assae..jd :&n. by Ani y5. A t4 . ,: - _ as V l'ea Pres;eh-/-- Witness my hand and official seal. My commission expires: PAMELA SPORTS - NOTARY PU3LUG STATE OF LARAMIE WYOMIN My Commission Expires September 22, 2011 8 2011, on behalf of tary Public LESSEE: Connell ResQurc Printed Name: Richard Connell, President STATE OF COLORADO ) ss COUNTY OF LARIMER ) Acknowledged before me this t\ Aday of t�'\c :� Connell, President, Connell Resources, Inc. Witness my hand and official seal. My commission expires: Notary Public 9 , 2011, on behalf of Richard MY COMMISSION EXPIRES: August 13, 2011 TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. EASEMENT CROSSING AGREEMENT LICENSE rr L- 37gn 220217 THIS LICENSE is dated July 5, 2022 between TI -STATE GENERATION AND TRANSMISSION ASSOCIATION, INC., a Colorado cooperative corporation with offices at 1100 `Test 116th Avenue, Westminster, Colorado, 80234 ( Licensor" or "Tri-State") and CONNELL RESOURCES, Inc.. a Colorado corporation with offices at 7785 Highland Meadows Parkway, Suite 100, Fort Collins. Colorado 80528 ("Licensee"). WHEREAS. Licensor owns an electric transmission line easement in Section 22, Township 11 North, Range 67 West, Weld County, State of Colorado (the "Easement"); and WHEREAS, Licensee has requested permission to construct. operate, maintain and repair a 40 foot wide access road (the Facilities"). which will cross 365 feet south of structure 394 and approximately 895 feet north of structure 395 of Licensor Ault - Laraimer River Station 345kV transmission line. NOW THEREFORE, in consideration of the sum of One Dollar ($1.00), the receipt of which is hereby acknowledged, Licensor grants to Licensee a license (the "License") to locate Licensee's Facilities as described on the attached Exhibit A. subject to the following terms and conditions: 1. Licensee, its employees, contractors and agents may use the License for the purpose of crossing the Easement area with the Facilities and for no other purpose. Licensee may not assign or sublet the License or its rights under it to any third party. 2. The Facilities must be constructed as shown on the attached Exhibit A. No future change of the Facilities or related drawings will be made by Licensee without Licensor' s prior written approval. Licensee shall mail any "As -Built Exhibit A" Facilities drawing to Li censor's Transmission Land Rights and Permitting Department, rtn ent, P.O. Box 33695, Denver, Colorado 80233. Licensee understands and agrees that the License merely allows permission for Licensee to cross the Easement area with the Facilities: however, Licensee should obtain appropriate land rights from the feeowners of the subject property that give Licensee the right to install and maintain the Facilities on the lando ner's land. In addition, Licensee agrees not to violate the terms of the Easement. 4. The following special conditions apply to the License: 4.1. Licensee shall notify Tri-State's System Operations Outage Coordinator ("Coordinator") no less than thirty (30) calendar days (the "Notification Time Frame") before performing any excavation or using any oversized equipment in the Easement area. The Coordinator can be contacted Monday — Friday, 7 AM — 4 PM at 303-254- 3645 or T OTOutagetristatgt.o g. If notification is sent to the Coordinator before 10 AM, then day one of the Notification Time Frame shall begin the same day; or if Crossing License Template (Legal Appro.', eel March 15, 2021) Page 1 of 4 notification is sent to the Coordinator after 10 MA, then day one of the Notification Time Frame shall begin the following day. (This Notification Time Frame is necessary to allow Tri-State's Transmission System Operations Department time to review, evaluate and submit the system information to its balancing authorities and reliability coordinator and to allow time to have an observer/certified switchman at the worksite.) 4.2. Licensee shall restrict construction equipment height under Licensor's transmission line to fourteen (14) feet. 4.3. Licensee shall ensure that all workers in proximity of energized lines are qualified. "Qualified" is defined in o. . .A. 29 CFR 1910.69, latest edition. 4.4. The Facilities must be located a distance of at least twenty-five (25) feet from Licensor's transmission structure foundations (footers and guy anchors). 4.5. If directed by Licensor (or designate representative of Licensor), Licensee shall provide shoring or other supportive devices to protect the foundation of the Licensor's structures (footers or guy anchors or both) at Licensee's expense. 4.6. Licensee shall keep the clearance between Licensee's conductor wires and Licensor's conductor wires to meet RUS standards per RUS Bulletin 1724E-200 and any related criteria stated therein as referenced on the intend at https://www.rd.usda.govifiles/LIEP_Bulletin_1724E-200.pcif (as updated). 5. The License is issued subject to any prior licenses. leases_ easements or other land rights granted by Licensor to third parties and except as provided in Section 13 below due to a breach, Licensor may terminate this License at any time on written notice to Licensee. 6. Licensor may grant third parties rights to install pipes, conduits` ducts or other facilities in, on, under or along the Easement area.. 7. After construction of the Facilities and thereafter, in the event of resettling, Licensee shall restore the surface of the Easement area by grading and compacting any irregularities and reclaim all disturbed areas. If Licensor determines, in its sole discretion, that Licensee's Facilities are obstructing Licensor's facilities in the Easement Area, or that Licensee's Facilities are hindering Licensor's ability to operate and utilize its own facilities and equipment, Licensee shallat its expense. relocate or remove the Facilities at Licensor's request. 8. Unless extended by the parties, Licensee has 365 days from the date of this License to initiate and complete construction of the Facilities. Licensee's failure to do so, or Licensee's failure to obtain an extension of time for construction from Licensor, shall result in automatic revocation of this License. In such event, Licensee shall remove the Facilities pursuant to paragraph 13 below. 9. Licensee shall in no way damage Licensor's facilities, and if such damage occurs., Licensee Page 2 of 4 Crossing License Template (Legal Approved March 15, 2021) shall take immediate steps to correct the condition and compensate Licensor for any damage. Should Licensee fail to so correct and compensate, Licensor may declare this License terminated upon 30 days written notice to Licensee. 10. Licensee shall indemnify and hold harmless Licensor against all claims and liability for damages, losses or expenses, including reasonable attorneys' fees, for injury or death to any person or damage to property, if the same is in any way connected with or results from Licensee's activities under this License, unless created and caused by Licensor's sole negligence. Should Licensee install underground facilities, Licensee shall also hold harmless Licensor and release Licensor from any and all effects upon or damage to Licensee's pipeline and other facilities relating to their placement within Tri-State's Easement Area or otherwise in close proximity to Licensoe's electric transmission line. Licensee is solely responsible, at its sole cost and expense, for designing its facilities to be compatible with Licens pr's high -voltage transmission line facilities and with the use of heavy vehicles and equipment within the Easement Area. 11. Licensee warrants that as of the date of this License, there are no liens or claims against any property that Licensee intends to install pursuant to this License, and Licensee shall promptly resolve and remove any such encumbrance that may arise after the date of this License that is caused by Licensee's activities under this License. 12. Licensee will reimburse Licensor for all costs, including reasonable attorneys' fees, should Licensor be obligated to enforce its rights under this License. 13. If Licensee abandons the Facilities in the Easement area, or if Licensee breaches the terms of this License, the permission and right herein granted shall terminate, except in the case of breach Licensor will first notify Licensee and give Licensee 30 days to cure the breach. if Licensee does not cure the breach, Licensor may thereafter terminate this License. Upon termination, Licensor will provide written notice requiring Licensee to promptly remove the Facilities. If Licensee fails to promptly remove the Facilities, Licensor may remove the Facilities at Licensee's expense. Licensor may offset such costs against any amounts owed by it to Licensee. 14, Licensee is aware that electric conductors on and above the Easement area are not insulated and conduct and transmit electric current. Licensee shall inform its employees, agents, contractors and other persons who enter upon Easement area of the dangers involved. 15. Any notices required by this License shall be hand delivered or sent via US Mail or overnight service with signature required upon receipt and will be deemed received upon hand delivery or delivery signature. Notices sent to Licensor via US Mail, Federal Express, UPS or hand .delivery shall be sent to 1100 West 116" Avenue, Westminster, CO80234.. Notices to Licensee must be delivered to 7785 Highland Meadows Parkway, Suite 100. Fort Collins, Colorado 80528. 16. This License is governed by Colorado law without regard to its conflict of laws rules. This License may be modified only by a writing signed by both parties. The failure of one party Page 3 of Crossing License Template (Legal Approved March 15. 2021) By • Name: II. Steven Gray Title: Senior Manager, Transmission Land Rights and Permitting to require performance of any provision shall not affect that party's s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this License constitute a waiver of any subsequent breach or a waiver of the provision itself. If any provision of this License is held invalid and unenforceable by a court of competent jurisdiction, the remainder of this License will remain in full force and effect. The rights and remedies provided in this. License are cumulative, and no one of them shall be exclusive of any other right or remedy allowed by law or equity. 17. This License may, be executed in two or more counterparts. each of which shall be deemed an original but all of which to `ether shall constitute one and the same License. The counterparts of this License may be executed and delivered by email or other electronic means by any of the parties to any other party and the receiving party may rely on the receipt of such document so executed and delivered by email or other electronic means as if the original had been received. IN WITNESS WHEREOF, this License has been executed as of the day and year first above written.. Tm- T .TE GENER.ATION AND TRANSMISSION OCI TIO , INC. (Licensor) Steve Gray 2 07:59 MDT) CONNELL RE S, INC. (Licensee) By: Name: Jo , , . Warren Titl resident Crossing License Template (Legal Approved March 15, 2021) < > Page 4 of 4 fYr�[ "II Yea t: V+P-m. la... . rit..a•JN/1,V rani 4.J lY..rj tor v arm 1K •,1; 1M.•41_ -v.! (Nwtta.1'7V 1 WCI Cal* C•5 [OR M T RtS - tA+, LIP OILS lie hp I • • rin 0 ., 0 C7 3C 1C p. -e5› 9.30 _ lj hp 27O2I itcp M f i , CI coca 1 1 1 • s r p nI / I II f e fl r / /' 1 / / J r ". de- up i!SA ats„a[t[t[t[,■� at- in.L /' • i'r' —. 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COLCRA.P* STATEMENT OF TAXES Weld County Treasurer Account R0068086 Parcel Number Receipt Date Effective Date 020122000003 Feb 17, 2022 Feb 15, 2022 TERRY GRAZING ASSN PO BOX 3170 CHEYENNE, WY 82003-3170 Receipt Number 2022-02-17-10-58099-P a _ _ a IS _ _ _ _ _ a ® _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ a s _ _ Situs Address Payor Legal Description 24243 SW4 & S2SE4 & NW4SE4 & SW4NE4 22 11 67 (25RR) Property Code Actual Assessed Year Area Mill Levy AG -GRAZING LAND - 4147 3,881 1,130 2021 0915 52.347 Payments Received Check Multi -Account Payment Check Number 409 Payments Applied Year Charges 2021 Tax Billed Prior Payments New Payments $59.16 $0.00 $59.16 Balance $0.00 $59.16 Balance Due as of Feb 15, 2022 Thank you for your payment. All payments made by check are subject to final bank clearance. $0.00 $0.00 Hello