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Home My WebLink About20232701.tiffUSE BY SPECIAL REVIEW (USR) APPLICATION FOR PLANNING DEPARTMENT USE: AMOUNT $ APPLICATION RECEIVED BY DATE RECEIVED: CASE # ASSIGNED: PLANNER ASSIGNED: PROPERTY INFORMATION Is the property currently in violation? No / Yes Violation Case Number: Parcel Number: 105725000016 _ S ite Address: 19350 COUNTY ROAD 35 Legal Description: 17194 SW4 25 4 66 (4R 6L) Section: 25 , Township 4 N, Range 66 W Zoning District: Acreage: 162 Within subdivision or townsite? No /[Yes Name: Water (well permit # or water district tap #): NO WELL OR TAP PROPOSED Sewer (On -site wastewater treatment system permit # or sewer account #): _ NO SEWER PROPOSED Floodplain a No / Yes Geological Hazard a No /,Yes Airport Overlay No I Yes PROJECT U SR Use being applied for: TOPSOIL MINE N ame of proposed business: KORWELL DIRT P ROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: CRAIG RASMUSON Company: KORWELL LANDHOLDINGS, LLC Phone #: 970-518-6205 Street Address: P.O. BOX 337282 Email: RASMUSONCRAIG _ a@GMAIL.COM City/State/Zip Code: GREELEY, COLORADO 80633 APPLICANT/AUTHORIZED AGENT (Authorization Form must be included if there is an Authorized Agent) N ame: WILL CHARLES Company: BASELINE ENGINEERING Phone #: 281-352-2709 Email: WILL.CHARLES@BASELINECORP.COM Street Address: 112 N. RUBEY DRIVE #210 City/State/Zip Code: GOLDEN, CO 80403 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 application. If an Authorized Agent signs, an Authorization Form signed by all fee owners must be included with the application. If the fee owner is a corporation, evidence must be included indicating the signatory has the legal authority to sign foy th rporation. Signat CRAIG RASMUSON 3/14/2023 Date Signature WILL CHARLES Print Print 3/14/2023 Date 12/15/21 9 DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1555 NORTH 17TH AVENUE GREELEY, CO 80631 AUTHORIZATION FORM I, (We), CRAIG RASMUSON (KORWELL) , give permission to BASELINE ENGINEERING (Owner — please print) (Authorized Agent/Applicant—please print) to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located at (address or parcel number) below: 105725000016 Legal Description: 17194 SW4 25 4 66 (4R 6L) of Section 25 , Township 4 Subdivision Name: N/A Property Owners Information: Address: P.O. BOX 337282 GREELEY, CO 80633 Phone: 970-518-6205 N, Range 66 w Lot Block E-mail: RASMUSONCRAIG@GMAIL.COM Authorized Agent/Applicant Contact Information: Address: 112 N RUBEY DRIVE # 210, GOLDEN, CO 80403 Phone: 281-352-2709 E -Mail: WILL.CHARLES@BASELINECORP.COM Correspondence to be sent to: Owner El Authorized Agent/Applicant ja by: Mail Email, Additional Info: I (We) hereby certify, under penalty of perjury and after carefully reading the entire contents of this document, that the information stated above is true and correct to the best of my (our) knowledge. I Ow. er Signature DateDate Owner Signature 1-f3/4S scribed and sworn to before me this _ I ..o day of iVitri C C, It ) (.• IR c vie My commission expires 1-1 `,5 120 1 b � _ ,A. � Notary Public Tl •r ice♦ is-$Y_FM by MELISSA MAYER NOTARY PUBLIC STATE OF COLORADO NOTARY 1D 20074036544 MY COMMISSION EXThRES 04/05/2026 USE BY SPECIAL REVIEW: PLANNING QUESTIONNAIRE 1. Explain the proposed use and business name. Korwell Dirt is proposing a topsoil mine. Korwell would mine the upper 50 to 80 percent of topsoil from the irrigated portions of the existing agricultural land in order to provide topsoil for reclamation of third -party development sites. 2. Explain the need for the proposed use. Topsoil is needed for reclamation of oil and gas sites. The goal of the mine would be to provide a total of approximately 372,000 tons of topsoil. 3. Describe the current and previous use of the land. The current and previous use of the land is agricultural land. Additionally, the northern dry corners of the site are used for oil and gas production. The dry corners are not within the proposed mining area. 4. Describe the proximity of the proposed use to residences. The nearest residences to the proposed mine are approximately 565 feet from the mining boundary, and 120 feet from the mining boundary. Nearest residences are to the West and South of the property. 5. Describe the surrounding land uses of the site and how the proposed use is compatible with them. The primary use of neighboring land is agricultural, as well as oil and gas production. The proposed mine would use equipment that is a similar intensity to that of agricultural production. Additionally, the proximity of this mine to oil and gas appurtenances will allow for shorter travel distances to reclamation sites. 6. Describe the hours and days of operation. Hours of operation have not been established. However, work is not intended to during hours that might cause a nuisance (evening/early morning). The site will be mined in 4 quadrants. Phases of mining will be followed by reclamation of each quadrant before moving on to the next. Mining is intended throughout the winter, and reclamation efforts will be performed during the spring. 7. Describe the number of employees including full-time, part-time and contractors. If shift work is proposed, detail number of employees, schedule and duration of shifts. Number of employees on site will depend on demand. The only anticipated employees would be the operators of the scrapers, loaders, and semi -trucks. 8. Describe the maximum number of users, patrons, members, buyers or other visitors that the site will accommodate at any one time. Employees are the only anticipated persons on site. 9. List the types and maximum numbers of animals to be on the site at any one time. No animals will be located on the site. 10. List the types and number of operating and processing equipment. Amount of equipment will be on a demand basis. The site is anticipated to generate around 120 truckloads per day, with 200 truckloads being the maximum. 11. List the types, number and uses of the existing and proposed structures. There are no existing or proposed structures in the mining area. There are a number of oil and gas appurtenances in the dry corners of the property, outside the mining area. 12. Describe the size of any stockpile, storage or waste areas. A 20 acre staging area will be established in the Northwest quadrant of the site. The staging area will provide room for equipment storage, mined topsoil, and truck loading operations. 13. Describe the method and time schedule of removal or disposal of debris, junk and other wastes associated with the proposed use. The project is not expected to create debris, junk or other wastes. 14. Include a timetable showing the periods of time required for the construction of the operation. No construction is proposed in conjunction with the operation. 15. Describe the proposed and existing lot surface type and the square footage of each type (i.e. asphalt, gravel, landscaping, dirt, grass, buildings). The existing site is approximately 129.2 acres of native vegetation, and 32.9 acres of dirt/gravel in the dry corners of the site. 16. How many parking spaces are proposed? How many handicap -accessible parking spaces are proposed? Parking is not proposed on site. The only vehicles on site will be those for the loading and transport of topsoil. 17. Describe the existing and proposed fencing and screening for the site including all parking and outdoor storage areas. There is no existing fencing or screening on site. Fencing and screening is not proposed. 18. Describe the existing and proposed landscaping for the site. The current site is agricultural land. There is currently no proposed landscaping for the site since all portions of the site not located in the dry corners of the property will be mined for topsoil. 19. Describe reclamation procedures to be employed as stages of the operation are phased out or upon cessation of the Use by Special Review activity. The project site will be split into 4 quadrants. Upon completion of the mining operation in a given quadrant, reclamation activities will begin prior to moving onto the next section. Reclamation will be done by grading and recontouring the site, followed by seeding and revegetation. 20. Describe the proposed fire protection measures. There are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and the county. All roads leading to, and those in the site area, are designed and maintained to support fire apparatuses. Additionally, there will not be any structures or improvements constructed on site. The site has a similar risk of fire creation as nearby farmlands. 21. Explain how this proposal is consistent with the Weld County Comprehensive Plan per Chapter of the Weld County Code. This proposal is consistent with the Comprehensive Plan because it is a limited operation that will allow for farmland usage upon completion. 22. Explain how this proposal will be compatible with the intent of the zone district in which it is located. (Intent statements can be found at the beginning of each zone district section in Article III of Chapter 23 of the Weld County Code). The A (Agricultural) Zone District intent section list natural resource extraction as one of the intended uses of properties in this zone district. This use would meet this intent. 23. Explain how this proposal will be compatible with future development of the surrounding area or adopted master plans of affected municipalities. The proposed mine will utilize equipment similar to what can be found on neighboring croplands. Once the mining operation is complete, the land is anticipated to return to something that is similar to the agricultural land that is on the property today. 24. Explain how this proposal impacts the protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. There are not likely to be any impacts to the health, safety, and welfare of the inhabitants of the neighborhood or the County. 25. Describe any irrigation features. IF the proposed use is to be located in the A (Agricultural) Zone District, explain your efforts to conserve prime agricultural land in the locational decision for the proposed use. No irrigation features are proposed with this submittal. Prime agricultural land will be preserved through reclamation efforts once mining is complete. The anticipated future use of the land would be cropland 26. Explain how this proposal complies with Article V and Article XI of Chapter 23 if the proposal is located within any Overlay Zoning District (Airport, Geologic Hazard, or Historic Townsites Overlay Districts) or a Special Flood Hazard Area identified by maps officially adopted by the County. This property is not in any overlay district or special flood hazard area. 27. Detail know State or Federal permits required for your proposed use(s) and the status of each permit. Provide a copy of any application or permit. 112 Mining Permit — Colorado Department of Natural Resources. STATUS: Complete. Use by Special Review (USR) Environmental Health Questionnaire 1. Discuss the existing and proposed potable water source. If utilizing a drinking water well, include either the well permit or well permit application that was submitted to the State Division of Water Resources. If utilizing a public water tap, include a letter from the Water District, a tap or meter number, or a copy of the water bill. The operation will only require water for personal use. A water well or tap is not proposed for this project. 2. Discuss the existing and proposed sewage disposal system. What type of sewage disposal system is on the property? If utilizing an existing on -site wastewater treatment system, provide the on -site wastewater treatment permit number. (If there is no on -site wastewater treatment permit through the Department of Public Health and Environment prior to submitting this application.) If a new on -site wastewater treatment system will be installed, please state "a new on -site wastewater treatment system is proposed." (Only proposed portable toilets if the use is consistent with the Department of Public Health and Environment's portable toilet policy.) There is currently no existing sewer system on location, and one is not proposed. 3. If storage or warehousing is proposed, what type of items will be stored? The use proposed is not storage or warehousing. The only storage on site will be the limited stockpiling of top soil to be loaded for delivery to clients. 4. Describe where and how storage and/or stockpile of wastes, chemicals, and/or petroleum will occur on this site. There will be no storage and/or stockpile of wastes, chemicals, and/or petroleum on site. 5. If there will be fuel storage on site, indicate the gallons and the secondary containment. State the number of tanks and gallons per tank. There will be no fuel storage on site. 6. If there will be washing of vehicles or equipment on site, indicate how the wash water will be contained. Washing of vehicles or equipment is not intended on site. 7. If there will be floor drains, indicate how the fluids will be contained. There will be no floor drains located on site. 8. Indicate if there will be any air emissions. No anticipated air emissions. 9. Provide a design and operations plan if applicable. A design and operations plan can be prepared if necessary. The site will be split into 4 quadrants. Each quadrant should take approximately 1 year to mine. Once mined, the quadrant will be revegetated. Mining will then begin on the next quadrant. 10. Provide a nuisance management plan if applicable. A nuisance management plan can be prepared if necessary. The risk of nuisances will be mitigated since the operation will only be conducted during daylight hours. Additionally top soil storage will be limited as much as possible to control for wind blown dust. Use by Special Review (USR) Development Review Questionnaire 1. Describe the access location and applicable use types of all existing and proposed accesses to the parcel. Include the approximate distance each access is (or will be if proposed) from an intersecting county road. State that no existing access is present or that no new access is proposed, if applicable. Existing accesses are in the North West corner of the site along Weld County Road 35. This includes 3 access points for the service of oil and gas appurtenances located on site. A proposed additional access point would be located directly to the south of the southern most access point. The proposed access point would be approximately 1800 feet from the nearest intersection, and would be the closest of the access points to the intersection.. 2. Describe any anticipated change(s) to an existing access, if applicable. There are no anticipated changes to existing accesses. 3. Describe in detail any existing or proposed access gate including its location. There are no existing access gates, and none are proposed:. 4. Describe the location of all existing accesses on adjacent parcels and on parcels located on the opposite side of the road. Include the approximate distance each access is from an intersecting county road. There are two existing accesses on the property directly to the North. The closer access point touches the Northern most access point of the site. While the further access is approximately 150 ft from the site. On the western side of 35 there are 2 access points for that are approximately 250 ft, and 600 ft south of the newly proposed access point. 5. Describe any difficulties seeing oncoming traffic from an existing access and any anticipated difficulties seeing oncoming traffic from a proposed access. There are no anticipated visibility issues with the proposed access point. 6. Describe any horizontal curve in the vicinity of an existing or proposed access. The access point would be along Weld County Road 35, which has no curves and runs North - South along the Western Property line of the proposed site. 7. Describe the topography of the road in the vicinity of an existing or proposed access. The topography along the road is relatively flat in the vicinity of the proposed access points. ASEL NE 23-4-280 Supporting Documents tpr1r, ''?rt'rp . Swirl B. Plans for obtaining water supplies to replace water consumed by MINING and processing of the material, including dust control, consumed for domestic purposes by employees, and consumed by evaporative losses from exposed groundwater. Response: The only water utilized will be bottled water for employees, and the occasional water truck when dust control is needed. Access to local water systems will not be needed for this project. C. Cross -sections of drainage STRUCTURES (culverts for access to COUNTY roads, interior haul roads crossing of ponding or stream channeling). Response: Access to county roads will not go over any drainage structures. D. Profile and typical cross-section of haul roads. Response: This mine is only for topsoil. Haul roads will not be utilized on site. Steamboat Springs • Golden • Colorado Springs • Loveland Corporate Office: 112 North Rubey Drive, Suite 210; Golden, Colorado 80403 ASELINE • PIa�nnir • Surr En,�in��rina ying Weld County Department of Planning Services May 11, 2023 RE: Korwell Land Holdings, LLC, Korwell Dirt, PRE22-0207 Dear Kim Ogle, Baseline Corporation, representing Korwell Land Holdings, is in receipt of the Completeness Review Memo dated April 7, 2023 concerning the USR Application for Korwell Dirt. We have reviewed the aforementioned memo and have made appropriate revisions to the previously submitted application materials. Below, we have provided written responses to each of the comments. 1. Environmental Health: Provide a waste handling plan for on -site waste, such as trash from employees. Response: Addressed in attached environmental narrative. 2. Environmental Health: Provide a dust abatement plan for on -site dust. An APEN through the State Health Department may be required. Response: Addressed in attached environmental narrative. 3. Environmental Health: Provide an APEN application which has been submitted to CDPHE. Response: An APEN has been applied for through CDPHE and is included in this submittal. 4. Environmental Health: Indicate that portable toilets will be provided for on -site personnel. Response: Portable toilets will be provided on site for employees. 5. Environmental Health: Provide a noise study which indicates the industrial limit can be adhered to. Response: Addressed in attached environmental narrative. 6. Public Works: Submit a traffic impact study per the requirements of Ch 8 of App 8Q of the Code. Response: Included with this submittal. Additionally, the number of expected trips has been revised to a more realistic and significantly reduced number then was shown in the previous submittal. 7. Public Works: Submit a drainage narrative if a detention exception is being proposed. Response: A drainage narrative is included with this submittal. 8. Planning: Please submit the State approved Extraction Plan Map as submitted to the DRMS with required information delineated per Chapter 23, Article IV, Section 23-4-270.A and B of the Weld County Code Response: Included with this submittal. Steamboat Springs • Golden • Colorado Springs • Loveland Corporate Office: 112 North Rubey Drive, Suite 210; Golden, Colorado 80403 Page 2 Juniper Mountain House Site Development Plan — POST -SUFFICIENCY REVIEW SUBMITTAL 9. Planning: Please submit the Reclamation Plans as approved by the State of Colorado Mined Land Reclamation Board per Chapter 3, Article IV, Section 23-4-280.A of the Weld County Code. Response: Included with this submittal. 10. Planning: Please submit supporting documents as outlined in Chapter 23-4-280 addressing the protection of the health, safety, and welfare of the inhabitants of the County. Specifically, Section 23 -4 -280.B -D of the Weld County Code. Response: Narrative included with this submittal. Sincerely, Lisaiitee (-------% Will Charles Principal Planner CC: Craig Rasmuson From: Will Charles <will.charles@baselinecorp.com> Sent: Wednesday, May 17, 2023 11:19 AM To: Kim Ogle <kogle@weld.gov> Cc: 'Craig Rasmuson (via Google Docs)' <rasmusoncraig@gmail.com> Subject: PRE22-0207 Korwell USR Clarifications Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Kim, Craig mentioned that the two of you spoke earlier today, and I want to clarify a few things for our USR submittal. 1). There is water on site with the AG well in the center of the South line along CR 40 which historically has had 160 acre feet of water allotment to be used as needed for dust mitigation and other development needs. 2). There will be no more then 2-3 employees on location during working hours. Hope this helps, and let me know if you have any questions. Thanks, WILL CHARLES, AICP I PRINCIPAL PLANNER Baseline Engineering Corporation I Engineering, Planning, & Surveying Phone: 281.352.2709 I www.baselinecorp.com I Social Media Office: 112 N. Rubey Drive, #210, Golden, CO 80403 Thank you for your ongoing support! We are now in the office, as well as home, continuing to provide the best services for our clients. From: Anne Best -Johnson To: Kim Ogle Cc: Tom Parko Jr. Subject: FW: NOI City of Evans Date: Tuesday, August 23, 2022 12:32:26 PM Attachments: image001.jpg image002.pnq image003.pnq image004.pnq image005.png image006.pnq image007.=pg NOI - City of Evans.pdf PRE22-0207 Korwell Dirt Mine - Minutes.pdf Pre -Application Request.pdf Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello. The proposed project is outside the City of Evan's Future Land Use boundary and does not have any comments other than if truck traffic is to go through the City of Evans, please contact us. Sincerely, Anne Anne Best Johnson, AICP, MBA Community Development Director Email: abjohnson@evanscolorado.gov Phone: 970-475-2228 Fax: 970-475-1166 1100 37th Street, Evans, CO 80620-2036 www.evanscolorado.gov 4) a . P u 4} a From: Tom Parko Jr. <tpa rko @we ldgov.com> Sent: Tuesday, August 23, 2022 12:21 PM To: Anne Best -Johnson <abjohnson@evanscolorado.gov> Cc: Kim Ogle <kogle@weldgov.com> Subject: FW: NOI City of Evans CAUTION: EXTERNAL EMAIL Anne, Good afternoon. Hope you are having a nice week. Please see below and attached. Sincerely, Tom Parko Director, Dept. of Planning Services Weld County Government 1555 N 17th Avenue Greeley, Colorado 80631 tel: 970-400-3572 tparko@weldgov.com From: Kim Ogle <kogle@weldgov.com> Sent: Tuesday, August 23, 2022 12:14 PM To: Tom Parko Jr. <tparko@weldgov.com> Cc: Maxwell Nader <mnader@weldgov.com> Subject: NOI City of Evans Tom Please let the City of Evans know of a pending land use case that is to move through the State MLRB/ DRMS application process followed by the Weld County USR permit process The property is within the CPA for the City of Evans and is located approximately 2 miles east of the Town of Gilcrest l c rest Thank you Kim Ogle Principal Planner Weld County Planning Services 970.400.6100 Office 970.400.3549 Direct kogle@weldgov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Colorado Secretary of State ID#: 20211641647 Document #: 20211641647 Filed on: 07/13/2021 04:24:30 PM Paid: $50.00 Articles of Organization for a Limited Liability Company filed pursuant to § 7-90-301 and § 7-80-204 of the Colorado Revised Statutes (C.R.S.) The domestic entity name of the limited liability company is Korwell Land Holdings, LLC The principal office street address is 12535 County Road 2 Brighton CO 80603 US The principal office mailing address is PO Box 337282 Greeley CO 80633 US The name of the registered agent is Trenton Korby The registered agent's street address is 3105 70th Avenue Greeley CO 80634 US The registered agent's mailing address is PO Box 337282 Greeley CO 80633 US The person above has agreed to be appointed as the registered agent for this limited liability company. The management of the limited liability company is vested in Managers There is at least one member of the limited liability company. Person(s) forming the limited liability company Trenton Korby 3105 70th Avenue Greeley CO 80634 US Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., and, if applicable, the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the secretary of state, whether or not such individual is named in the document as one who has caused it to be delivered. Name(s) and address(es) of the individual(s) causing the document to be delivered for filing Stacey Shea 1812 56th Avenue 2nd Floor Greeley CO 80634 US AMENDED AND RESTATED OPERATING AGREEMENT OF KORWELL LAND HOLDINGS, LLC THIS AMENDED AND RESTATED OPERATING AGREEMENT OF KORWELL LAND HOLDINGS, LLC ("Operating Agreement") is made and entered into this 3rd day of September 2021, by and between Korwell Land Holdings, LLC, a Colorado limited liability company ("Company"), and Trenton Korby, Craig Rasmuson, James Chick, Michael Lordemann and Julie Lordemann hereinafter referred to as "Members." WITNESSETH: IT IS AGREED, in consideration of the promises, covenants, performance, and mutual consideration herein as follows: I FORMATION OF COMPANY 1.1 Articles of Organization. This Company is organized pursuant to the provisions of the Limited Liability Company Laws of the State of Colorado and pursuant to Articles of Organization filed with the Secretary of State on July 13, 2021. The rights and obligations of the Company and the Members shall be provided in the Articles of Organization and this Operating Agreement. 1.2 Conflict Between Articles of Organization and this Operating Agreement. If there is any conflict between the provisions of the Articles of Organization and this Operating Agreement, the terms of this Operating Agreement shall control. 1.3 General Purpose. The general purpose of the Company is to engage in any lawful business, subject to any provisions of law governing or regulating such business. 1.4 Duration. The duration of the Company shall be perpetual. II CAPITAL CONTRIBUTIONS 2.1 Contributions. The Capital Contributions to be made by the Members and with which the Company shall begin business are as follows: Member Name Trenton Korby Craig Rasmuson James Chick Michael Lordemann and Julie Lordemann as Joint Tenants Contribution See accounting records. See accounting records. See accounting records. See accounting records Percent of Ownership 28.95% 28.95% 28.95% 13.15% 2.2 Additional Capital Contributions. In the event the cash funds of the Company are insufficient to meet its operating expenses or to finance new investments deemed appropriate to the scope and purpose of the Company as determined by the Manager(s) and, if the Members vote to make additional contributions, the Members shall make additional Capital Contributions, in the proportion of their percentage of ownership at the time of the required Member vote. The amount of the additional capital required by the Company and the period during which such additional capital shall be retained by the Company shall be determined by the Manager(s). 2.3 Loans. In lieu of voting an additional assessment of capital to meet operating expenses or to finance new investments, the Company may, as determined by the Manager(s), borrow money from one or any of the Manager(s), Members or third persons. In the event that a loan agreement is negotiated with a Manager or Member, he or she shall be entitled to receive interest at a rate and upon such terms to be determined by the Managers, excluding the Manager making said loan, if applicable, and said loan shall be repaid to the Manager or Member, with unpaid interest, if any, as soon as the affairs of the Company will permit. The loan shall be evidenced by a promissory note obligating the assets of the Company. Such interest and repayment of the amounts so loaned are to be entitled to priority of payment over the division and distribution of Capital Contributions and profit among Members. 2.4 Failure to Contribute. 2.4.1 If a Member does not contribute by the time required all or any portion of a Capital Contribution that Member is required to make as provided in this Operating Agreement, the Company may exercise, on notice to that Member ("Delinquent Member") and in addition to any other remedy permitted by this agreement or by law, one or more of the following remedies: 2.4.1.1 Any Member may make a loan to the Delinquent Member in the amount of the required contribution, which shall be paid directly to the Company. The Member making such loan is referred to herein as the "Lending Member." The 2 loan shall bear interest at two (2) points over prime as published in the Wall Street Journal. 2.4.1.1.1 As security for the payment of (a) all Capital Contributions that a Member may be required to make under this Operating Agreement and (b) for the payment of all loans and interest accrued on them made by Lending Members to a Delinquent Member pursuant to Section 2.4.1.1, each Member hereby grants to the Company, and to each Lending Member with respect to any loans made by the Lending Member to that Member as a Delinquent Member pursuant to this Section, a security interest in and a general lien on such Member's Account and the proceeds thereof, all under the Colorado Uniform Commercial Code. Upon any default in the payment of a Capital Contribution or in the payment of such a loan or interest accrued on it, the Company or the Lending Member, as applicable, is entitled to all the rights and remedies of a secured party under the Colorado Uniform Commercial Code with respect to the security interest granted in this Section. Each Member shall execute and deliver to the Company and other Members all financing statements and other instruments the Manager(s) or Lending Member, as applicable, may request to effectuate and carry out the preceding provisions of this Section. This Operating Agreement, or a photographic or other copy hereof, constitutes a security agreement authorizing the filing of a UCC Financing Statement to give notice of the Company's and/or Lending Members' interest in the collateral specified herein without a signature of the Delinquent Member on said UCC Financing Statement. The security interest created in this Section shall be superior in right to any other interest in the Delinquent Member's member account created in violation of Article XIII of this Operating Agreement. Additionally, if the loan is not sooner paid, all distributions of assets or income to which a Delinquent Member may be entitled shall first be paid to the Lending Member to the extent of any loans made under this Section plus interest or withheld by the Company to the extent of any Capital Contributions the Delinquent Member has failed to make. 2.4.1.2. Expulsion of the Delinquent Member pursuant to Article VIII of this Operating Agreement. 2.4.1.3. Commencement of legal action as appropriate against the Delinquent Member. 2.4.2. Return of Contributions. A Member is not entitled to the return of any part of a Capital Contribution or to be paid interest in respect of either a Member Account or a Capital Contribution. An unrepaid Capital Contribution is not a liability of the Company or of any Member. A Member is not required to contribute or to lend any cash or property to the Company to enable the Company to return any Capital Contribution. III 3 MEMBERS' ACCOUNTS; ALLOCATIONS OF PROFIT AND LOSS; DISTRIBUTIONS 3.1 Member Accounts. A separate Member Account shall be maintained for each Member. Initially, each Member Account shall reflect the amounts specified in Section 2.1; and, if a Member merely has promised to contribute the amount specified in Section 2.1, the Company shall maintain a corresponding subscription receivable on behalf of that Member. Except as expressly granted herein, no Member shall withdraw any part of his or her Member Account without the approval of the Managers. If an additional contribution is required of the Members pursuant to Section 2.2, the amount of such additional contribution shall be added to the balance in the Member's account immediately upon receipt. At least annually, Company profits, losses, gains, deductions, and credits shall be charged or credited to the separate Member Accounts. The profits, losses, gains, deductions, and credits of the Company shall be allocated among the Members as provided in Section 3.2. No interest shall be paid on any credit balance in a Member Account. 3.2 Allocations Among Members. The profits and gains of the Company shall be divided and the losses, deductions, and credits of the Company shall be allocated in the following proportions: Name Trenton Korby Craig Rasmuson James Chick Michael Lordemann and Julie Lordemann as Joint Tenants Proportion 28.95% 28.95% 28.95% 13.15% 3.3 Disproportionate Member Accounts. No interest or additional allocation of profits, losses, gains, deductions, and credits shall inure to any Member by reason of his or her Member Account being proportionately in excess of the Member Accounts of the other Members. 3.4 Distribution of Assets. 3.4.1 All distributions of assets of the Company, including cash, shall be made in the same allocations among Members as described in Section 3.2. 3.4.2 The Manager(s) shall determine, in their discretion, whether distributions of assets of the Company should be made to the Members; provided, however, no distribution of assets may be made to a Member if, after giving effect to the distribution, all liabilities of the Company, other than liabilities to Members on account of their Member Accounts, would exceed the fair value of the Company assets. 3.4.3 A Member has no right to demand and receive any distribution from the Company in any form other than cash. 4 IV RULES RELATING TO THE MEMBERS 4.1 Admission of New Members. Additional Members may be admitted upon the unanimous written consent of all Members. 4.2 Voting of Members. A Member shall be entitled to one vote for each unit or percentage of ownership he or she has in the Company on any matter for which Members are required to vote. A Member may vote in person or by proxy at any meeting of the Members. Unless otherwise stated in this Operating Agreement, all decisions of the Members shall be by a majority vote based on the percentage of ownership in the Company, i.e. more than 50 percent of the ownership interests represented at a properly called meeting of the Members at which a quorum is present, or by unanimous written consent of the Members. 4.3 Meetings of Members. 4.3.1 Meeting of Members may be held at such time and place, either within or without the State of Colorado, as may be determined by the Managers or the person or persons calling the meeting. 4.3.2 No annual meeting of the Members shall be required, but may be called as needed or requested by any Member or pursuant to the consent of the Members. 4.3.3 Written notice stating the place, day and hour of the meeting and, in the case of a special meeting, the purpose for which the meeting is called, shall be delivered not less than ten (10) days nor more than fifty (50) days before the date of the meeting, either personally or by mail, by or at the direction of the Manager(s) or any other person calling the meeting, to each Member of record entitled to vote at such meeting. A waiver of notice in writing, signed by the Member before, at, or after the time of the meeting stated in the notice shall be equivalent to the giving of such notice. 4.3.4 By attending a meeting, a Member waives objection to the lack of notice or defective notice unless the Member, at the beginning of the meeting, objects to the holding of the meeting or the transacting of business at the meeting. A Member who attends a meeting also waives objection to consideration at such meeting of a particular matter not within the purpose described in the notice unless the Member obj ects to considering the matter when it is presented. 4.4 Quorum and Adjournment. A majority of the Membership Interests based on percentage of ownership entitled to vote shall constitute a quorum at the meeting of the Members. If a quorum is not represented at any meeting of the Members, such meeting may be adjourned for a period not to exceed sixty (60) days at any one adjournment; provided, however, if the adjournment is for more than thirty (30) days, a notice of the adjourned meeting shall be given to each Member entitled to vote at the meeting. 5 4.5 Attendance by Electronic Means. Participation in a meeting of the Members may be by means of telephone conference or any other similar electronic communications equipment by which all persons participating in the meeting can hear each other at the same time. Such participation shall constitute presence in person at the meeting for purposes of this Operating Agreement. V RULES RELATING TO MANAGERS 5.1. General Powers. Management of the conduct of the business of the Company shall be vested in the Manager(s). The Manager(s) may adopt resolutions to govern their activities and the manner in which they shall perform their duties to the Company. 5.2 Qualifications of Manager(s). Manager(s) shall be natural persons eighteen (18) years of age or older or an entity in good standing in the state of Colorado. 5.3 Number, Election and Term. 5.3.1 The number of Managers shall be three (3). The number of Managers shall be increased or decreased by the vote or consent of the Members. 5.3.2 The initial Manager shall hold office until the first annual meeting of Members or until a successor has been elected and qualified. Thereafter, each Manager elected by the Members shall hold office for a one-year term or until his or her successor has been elected and qualified. The initial Managers shall be Trenton Korby, Craig Rasmuson and James Chick. 5.3.3 The Manager(s) shall be elected by a vote or consent of the Members at a meeting called for that purpose. 5.4 Meetings and Voting. 5.4.1 Meetings of the Manager(s) may be held at such time and place as the Manager(s) by resolution shall determine. 5.4.2 Written notice of meetings of the Manager(s) shall be delivered at least twenty-four (24) hours before the meeting personally, by telecopier, or by mail actually delivered to the Manager(s) within the twenty-four (24) hour period. A waiver of notice in writing, signed by the Manager(s) before, at, or after the time of the meeting stated in the notice, shall be equivalent to the giving of such notice. 5.4.3 By attending a meeting, a Manager waives objection to the lack of notice or defective notice unless, at the beginning of the meeting, the Manager objects to the holding of the meeting or the transacting of business at the meeting. 6 5.4.4 A majority of the Manager(s) entitled to vote shall constitute a quorum at the meeting of Managers. 5.4.5 All decisions of the Manager(s) shall be made by a majority vote of the Managers at a properly called meeting of the Manager(s) at which a quorum is present, or by unanimous written consent of the Manager(s). 5.5 Duties of Managers. 5.5.1 The Manager(s) shall have the duties and responsibilities as described in the Colorado Limited Liability Company Act (C.R.S. 7-80-101, etseq.), as amended from time to time. 5.5.2 The Manager(s) may designate any one of the Manager(s) or delegate an employee or agent to be responsible for the daily and continuing operations of the business affairs of the Company. All decisions effecting the policy and management of the Company, including the control, employment, compensation, and discharge of employees; the employment of contractors and subcontractors; and the control and operation of the premises and property, including the improvement, rental, lease, maintenance, and all other matters pertaining to the operation of the property of the business shall be made by the Manager(s). 5.5.3 Any Manager has the full power and authority to sell, purchase, encumber or otherwise transfer or acquire real estate or property or any interest in real estate or property. In furtherance of that power and authority, any Manager may execute, in the name of the Company any or all of the following instruments: contracts of purchase or sale, deeds with or without warranty, deeds of trust, mortgages, promissory notes, assumption documents, transfers of escrow funds and of insurance policies, closing and settlement statements, applications for loans, and any other documents containing such terms and conditions and such warranties and covenants as the Manager deems necessary or convenient in order to complete any such authorized transaction. Any Manager also is authorized and empowered to receive and collect funds and documents and sign receipts for such funds and documents and to endorse and deposit checks or drafts. 5.6 Devotion to Duty. At all times during the term of a Manager, the Manager shall give reasonable time, attention, and attendance to, and use reasonable efforts in the business of the Company; and shall, with reasonable skill and power, exert himself or herself for the joint interest, benefit, and advantage of the Company; and shall truly and diligently pursue Company objectives. 5.7 Indemnification. Manager(s), employees and agents of the Company shall be entitled to be indemnified by the Company to the extent provided in the Colorado Limited Liability Company Act (C.R.S. 7-80-101 et.seq.), as amended from time to time, and shall be entitled to the advance of expenses, including attorneys' fees, in the defense or prosecution of a claim against him or her in the capacity of Manager, employee, or agent. 7 5.8 Removal. At a meeting called expressly for that purpose, all Manager(s) or any lesser number may be removed with or without cause by a vote of the majority of the Membership Interests based on the percent of ownership then entitled to vote at an election of Manager(s). VI BOOKS 6.1 Location of Records. The books of the Company shall be maintained at the principal office of the Company or at such other place as the Manager(s) by vote or consent shall designate. 6.2 Access to Records and Accounting. Each Member shall at all times have access to the books and records of the Company for inspection and copying. Each Member shall also be entitled: 6.2.1 To obtain from the Manager(s) upon reasonable demand for any purpose such information reasonably related to the Member's Membership Interest in the Company; 6.2.2 To have true and full information regarding the state of the business and financial condition and any other information regarding the affairs of the Company; 6.2.3 To have a copy of the Company's federal, state, and local income tax returns for each year promptly after they are available to the Company; and 6.2.4 To have a formal accounting of the Company affairs whenever circumstances render an accounting just and reasonable. 6.3 Accounting Rules. The books shall be maintained on a cash basis. The fiscal year of the Company shall be the calendar year. Distributions to Member Accounts shall be made at least annually. The books shall be closed and balanced at the end of each calendar year; and, if an audit is determined to be necessary by vote or consent of the Manager(s), it shall be made as of the closing date. The Manager(s) may authorize the preparation of year end profit and loss statements, balance sheets, and tax returns by a public accountant. VII DISSOLUTION 7.1 Dissolution by Majority Agreement. The Company shall be dissolved at any time by majority vote of the Members. 7.2 Death, Expulsion, Bankruptcy, Retirement or Resignation of a Member; Continuation of Business. Upon the death, expulsion, bankruptcy, retirement or resignation of a Member, the retired (as defined in Article X), resigned (as defined in Article X), deceased (as defined in Article XI), expelled (as defined in Article VIII) or bankrupt (as defined in Article IX) Member ("Withdrawn Member") shall give notice to the Company and all of the other Members ("Remaining Members") of the Withdrawn Member's desire to have either the Company or the 8 Remaining Members elect to either buy out the Withdrawn Member's Membership Interest pursuant to the provisions of Section 7.3 below or to dissolve the Company pursuant to C.R.S. 7-80-801 et. seq. In lieu of the foregoing notice from the Withdrawn Member, the Company or Remaining Members shall give notice to the Withdrawn Member triggering an election to either buy out the Withdrawn Member's Membership Interest or to dissolve the Company. Upon such notice, the Withdrawn Member' s Membership Interest shall cease and terminate, and the Withdrawn Member shall only be entitled to the payments described in Sections 7.3 or 7.4. 7.2.1 Election to Buy or Dissolve. The election to either buy out the Withdrawn Member's Membership Interest or to dissolve, pursuant to C.R.S. 7-80-801 et.seq., shall be made within 30 days after the Effective Date of the notice given by the Withdrawn Member (or any Remaining Member if notice is being given to a Member for expulsion or bankruptcy). Said election shall be made by a majority vote of the Remaining Members. 7.2.1.1 If the Remaining Members elect to continue the business by purchasing the Withdrawn Member's Membership Interest, no dissolution shall occur. The Remaining Members shall continue the business of the Company and purchase the Withdrawn Member's Membership Interest on the terms set forth in Section 7.3 below. The Company's decision to purchase the Withdrawn Member's Membership Interest shall take precedence over any Remaining Member's decision to purchase such Membership Interest. 7.2.1.2 If the Remaining Members elect to dissolve the Company, the Remaining Members shall promptly cease doing business and dissolve the Company pursuant to C.R.S. 7-80-801 et.seq. and Section 7.4 below. 7.2.2 Notice. The notice referenced in Section 7.2 above shall be by certified mail, return receipt requested, to the address of each Member on the books of the Company, or by personal delivery. If the notice is from a Withdrawn Member, the notice shall be given to the Company at its address and individually to all Remaining Members. In the event of the death of a Member, the notice shall be given by or given to the executor or administrator of the decedent, or, if at the time of such notice no legal representative has been appointed, to any one of the known legal heirs of the decedent at the last known address of such heir. 7.2.3 Effective Date. The "Effective Date" shall be the date the notice, identified in paragraph 7.2, is postmarked or hand delivered to the recipient. If there is more than one notice to be mailed or delivered, the Effective Date shall be the date of the last postmark or delivery to occur. 9 7.3 Purchase of Withdrawn Member's Membership Interest. 7.3.1 The purchase price of the Withdrawn Member's Membership Interest shall be the "Appraised Value." The Appraised Value, as used in this Operating Agreement, shall be a dollar amount equal to the product obtained by multiplying (a) the percentage of ownership as shown in paragraph 2.1 above by (b) the fair market value of the Company's assets as determined in accordance with Section 7.3.1.1 minus the liabilities of the Company. 7.3.1.1 Fair Market Value. The fair market value of the Company's assets shall be determined in the following manner: within 60 days of the Effective Date the offering Member, the personal representative of the decedent or heir, the withdrawing Member or the expelled Member as the case may be, shall select an appraiser (Member's Appraiser) to determine the fair market value of the Company's assets. 7.3.1.1.1 The Member's Appraiser shall submit his/her determination thereof within 30 days after the date of his/her selection (the "Appraisal Due Date") . 7.3.1.1.2 If the Appraisal made by the Member's Appraiser is unsatisfactory to the Company, the Managers shall select an appraiser within 15 days after the date of the Appraisal Due Date to determine the fair market value of the Company's assets. Such appraiser shall submit his/her determination thereof within 30 days after the date of his/her selection. 7.3.1.1.3 If the appraisal made by the Company's appraiser is unsatisfactory to the personal representative of the decedent or heir, the withdrawing Member or the expelled Member, as the case may be, then the Managers of the Company and the personal representative of the decedent or heir, the withdrawing Member or the expelled Member, as the case may be, shall select a third appraiser to determine the fair market value of the Company's assets and such appraiser shall submit his/her determination thereof within 30 days after the date of his/her selection. The appraiser's determination thereof shall be binding upon the Company, the Remaining Members and the offering Member, the personal representative of the decedent or heir, the withdrawing Member or the expelled Member, as the case may be. 7.3.1.1.4 Qualifications of Appraiser. Any and all appraisers selected in accordance with the provision of this Section 7.3.1 shall be appraisers who conduct their business in the area where the assets of the Company are principally located in accordance with generally accepted appraising standards. Any and all costs incurred in connection with any of the appraisals provided for in this Section 7.3.1, shall be born equally by the Company and the offering Member, the personal representatives of the 10 decedent or heir, the withdrawing Member or the expelled Member, as the case may be. 7.3.2 Election to Pay by Installments. In the event of a determination of purchase price pursuant to Section 7.3.1, the Managers may elect to pay for the withdrawing Member's interest on an installment basis by paying 15 percent in cash within 30 days after the determination of Appraised Value, the remainder amortized in monthly payments with a 25 year amortization with a 5 year balloon accruing interest at the treasury bill rate quoted by the Wall Street Journal plus two (2) percent on the Effective Date. There shall be no prepayment penalty. Nothing in this paragraph shall prevent the Company from paying cash for the withdrawing Member's interest. The debt shall be reflected by a promissory note signed by the Company on a Colorado Real Estate Commission approved form (with the "right to cure"), and if the Company owns real estate, the promissory note shall be secured by a deed of trust on a Colorado Real Estate Commission approved form (strict due on transfer), subject only to existing deeds of trust on the Effective Date. In exchange for the promissory note and deed of trust, the withdrawing Member shall transfer all his or her interest to the Company. 7.4 Distribution of Assets Upon Dissolution. In the event of dissolution of the Company, the Managers shall proceed with reasonable promptness to sell the real and personal property owned by the Company and to liquidate the business of the Company. Upon dissolution, the assets of the Company business shall be used and distributed in the following order: 7.4.1 Any liabilities and liquidating expenses of the Company will first be paid; 7.4.2 The reasonable compensation and expenses of the Managers in liquidation shall be paid; 7.4.3 The amount then remaining shall be paid to and divided among the Members in accordance with the statutory scheme for distribution and liquidation of the Company under the Colorado Limited Liability Company Act, as amended from time to time. VIII EXPULSION OF A MEMBER 8.1 Causes of Expulsion. A Member shall be expelled from the Company upon the occurrence of any of the following events: 8.1.1 If a Member shall violate any provisions of this Operating Agreement; or 8.1.2 If a Member's Membership Interest shall be subject to a charging order or tax lien which is not dismissed or resolved to the satisfaction of the Managers of the Company within thirty (30) days after assessment or attachment. 11 8.2 Notice of Expulsion. Upon the occurrence of an event described in this Section, written notice of expulsion may be given to the violating Member pursuant to Section 7.2 with an indication that the Remaining Members have elected to purchase the Membership Interest of the violating Member. Upon such notice, the violating Member shall be considered expelled, and shall have no further rights as a Member of the Company, except to receive the amounts to which he or she is entitled under Sections 7.3, subject however to any damages that may have arisen for violation of this Operating Agreement. IX BANKRUPTCY OF A MEMBER 9.1 Bankruptcy Defined. A Member shall be considered "bankrupt" if the Member files a petition in bankruptcy (or an involuntary petition in bankruptcy is filed against the Member and the petition is not dismissed within sixty (60) days) or makes an assignment for the benefit of creditors or otherwise institutes any proceeding or enters into any agreement for compounding his or her debts other than by the payment of them in the full amount thereof, or is otherwise regarded as insolvent under any Colorado insolvency act. 9.2 Effective Date for Bankruptcy. Upon the occurrence of an event described in this Section, written notice may be given to the bankrupt Member, or by the bankrupt Member pursuant to Section 7.2 above. Upon such notice, the bankrupt Member shall have no further rights as a Member of the Company, except to receive the amounts to which he or she is entitled under Sections 7.3 or 7.4. X RETIREMENT OR RESIGNATION OF A MEMBER 10.1 Right to Retire or Resign. A Member shall have the right, at any time, to retire or resign as a Member of the Company by giving the notice stated in Section 7.2 above. Upon such notice, the retired or resigned Member shall have no further rights as a Member of the Company, except to receive the amounts to which he or she is entitled under Sections 7.3 or 7.4. XI DEATH OF A MEMBER 11.1 Death of a Member. Upon the death of a Member, or upon the dissolution of any entity owning a Membership Interest, the deceased or dissolved Member's rights as a Member of the Company shall cease and terminate except as provided in this Article XI. 11.2 Consequence of Death. Upon the death or dissolution of a Member, notice shall be given as provided in Section 7.2. Upon such notice, the deceased Member shall have no further rights as a Member of the Company, except to receive the amounts to which he or she is entitled under Sections 7.3 or 7.4., except in the event the Company has life insurance on the decedent, in which event the amount and method of payment for the Membership Interest of the deceased Member will be as provided in Section 11.3. 12 11.3 Insurance. The Company may contract for life insurance on the lives of each of the Members, in any amount not disproportionate to the value of each Member's Membership Interest. In the event of death of a Member, insurance proceeds paid to the Company will be used to purchase the Membership Interest of the deceased Member. The purchase price shall be the greater of the amount determined under Section 7.3 or the amount of insurance proceeds received by the Company. The payment of the purchase price to the decedent's representatives or heirs shall be made within thirty (30) days following receipt of the insurance proceeds by the Company. XII SALE OF A MEMBER'S INTEREST 12.1 Provisions Restricting Sale of Membership Interests. In the event a Member desires to sell, assign, or otherwise transfer his or her Membership Interest in the Company and has obtained a bona fide offer for the sale thereof made by some person not a Member of this Company, he or she shall first offer to sell, assign, or otherwise transfer the Membership Interest to the other Members at the price and on the same terms as previously offered him or her, and each of the other Members shall have the right to purchase his or her proportionate share of the selling Member's Membership Interest. If any Member does not desire to purchase the Membership Interest on such terms or at such price and the entire Membership Interest is not purchased by the other Members, no other Members may purchase any part of the Membership Interest, and the selling Member may then sell, assign, or otherwise transfer his or her entire Membership Interest in the Company to the person making the said offer at the price offered. The intent of this provision is to require that the entire Membership Interest of a Member be sold intact without fractionalization. A purchaser of a Membership Interest of the Company shall not become a Member and shall not participate in the management of the Company, without the unanimous consent of the non -selling Members, but shall be entitled to receive the share of profits, gains, losses, deductions, credits, and distributions to which the selling Member would be entitled. XIII MEMBER'S COVENANTS 13.1 Member's Personal Debts. In order to protect the property and assets of the Company from any claim against any Member for personal debts owed by such Member, each Member shall promptly pay all debts owing by him or her and shall indemnify the Company from any claim that might be made to the detriment of the Company by any personal creditor of such Member. 13.2 Alienation of Membership Interest. No Member shall, except as provided in Article XII, sell, assign, mortgage, or otherwise encumber his or her Membership Interest in the Company or in its capital assets or property; or enter into any agreement of any kind that will result in any person, firm, or other organization becoming interested with him or her in the Company; or do any act detrimental to the best interests of the Company. 13 XIV MISCELLANEOUS PROVISIONS 14.1 Inurement. This Operating Agreement shall be binding upon the parties hereto and their respective heirs, executors, administrator, successors, and assigns, and each person entering into this Operating Agreement acknowledges that this Operating Agreement constitutes the sole and complete representation made to him or her regarding the Company, its purpose and business, and that no oral or written representations or warranties of any kind or nature have been made regarding the proposed investments, nor any promises, guarantees, or representations regarding income or profit to be derived from any future investment. 14.2 Modification. This Operating Agreement may be modified from time to time as necessary only by the written agreement of the Company, acting through the vote or consent of its Managers, and the Members. 14.3 Severability. The provisions of this Operating Agreement are severable and separate, and if one or more is voidable or void by statute or rule of law, the remaining provisions shall be severed therefrom and shall remain in full force and effect. 14.4 Governing Law. This Operating Agreement and its terms are to be construed according to the laws of the State of Colorado. 14.5 Counterparts. This Operating Agreement has been executed in counterparts and each such counterpart shall be deemed an original of the Operating Agreement for all purposes. 14 IN WITNESS WHEREOF, executed on the day and year first above written. MEMBERS: Trenton Korby Craig ' asmuson Michael Lordem Korwell Land Holdings, LLC, a Colorado limited liability company p Y By: Its: Manag andenhazi.J 1PBASELINE Weld County Department of Planning Services May 11, 2023 RE: Korwell Land Holdings, LLC, Korwell Dirt, PRE22-0207 Dear Kim Ogle, �fP i�ef`iPP ''??t'rP' 5u'fiti1 Baseline Corporation, representing Korwell Land Holdings, is in receipt of the Land Use Application Summary Sheet dated July 21, 2023 concerning the USR Application for Korwell Dirt. We have reviewed the aforementioned memo and have made appropriate revisions to the previously submitted application materials. Below, we have provided written responses to each of the comments. 1 Development Review: An Improvements and Road Maintenance Agreement is required for upfront and triggered off -site improvements at this location. The improvements include but are not limited to: Road maintenance includes, but is not limited to, dust control and damage repair to specified haul route. The Agreement shall include provisions addressing engineering requirements, submission of collateral, and testing and approval of completed improvements. Response: Acknowledged. Is this something the County will draft or do we need to? 2. Development Review: An acceptable Final Traffic Study, stamped and signed by a professional engineer licensed in the State of Colorado, shall be submitted. Response: Acknowledged. An update Traffic Study is attached. If deemed acceptable a stamped and signed copy will be provided. 3. Planning Services: The applicant shall acknowledge the requirements of Weld County Oil, Gas and Energy Department, referral dated June 22, 2023, as stated in the referral response dated June 22, 2023. Written evidence of such shall be submitted to the Weld County Department of Planning Services. Response: Acknowledged. The Referral response from June 22, 2023 has be received and reviewed. 4. Planning Services: The applicant shall address the concerns of the Colorado Division of Water Resources as stated in their referral dated June 21, 2023, specific to use of the on -site water wells. Written evidence of such shall be submitted to the Weld County Department of Planning Services. Response: Acknowledged. An email was sent to DWR to clarify comments and address any review comments. 5. Planning Services: The applicant shall submit the State approved Extraction Plan Map as submitted to the DRMS with required information delineated per Chapter 23, Article IV, Section 23-4-270.A and B. of the Weld County Code. Response: Extraction Plan Map is attached and labeled "Extraction Plan Map for DNR Permit" 6. Planning Services: The applicant shall submit the Reclamation Plans as approved by the State of Colorado Mined Land Reclamation Board per Chapter 23, Article IV, Section 23-4- 280.A of the Weld County Code. Steamboat Springs • Golden • Colorado Springs • Loveland Corporate Office: 112 North Rubey Drive, Suite 210; Golden/ Colorado 80403 Page 2 Juniper Mountain House Site Development Plan — POST -SUFFICIENCY REVIEW SUBMITTAL Response: Reclamation Plan Map is attached and labeled "Reclamation Plan Map for DNR Permit" 7. Planning Services: The applicant shall submit supporting documents as outlined in Chapter 23-4-280 addressing the protection of the health, safety, and welfare of the inhabitants of the County. Specifically, Section 23 -4 -280.B -D of the Weld County Code. Response: A separate document title "Sec 23-4-280" has been provided. 8. Planning: The applicant shall submit a Communication Plan for review and acceptance by the Department of Planning Services. Response: A communication plan will be provided with the next submittal. USR MAP SHALL BE AMENDED TO DELINIATE THE FOLLOWING 1. Planning Services: All sheets of the map shall be labeled USR23-0018. Response: Comment has been addressed. 2. Planning Services: The attached Development Standards Response: Comment has been addressed. 3. Planning Services: The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. Response: The USR Map has been prepared in accordance with Section 23-2-260.D 4. Planning Services: The applicant shall delineate on the map the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. Response: Trash collection area has been labeled on the Site Plan. 5. Planning Services: All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code Response: Acknowledged. 6. Planning Services: The map shall delineate the parking area for the mine vehicles, mine equipment, vendors, and employees. Response: This area is labeled as Stabilized Staging Area on the Site Plan. 7. Planning Services: Show the accepted Landscape and Screening Plan addressing visual mitigation. Response: A landscape and screening plan was not anticipated due to the limited scope of the USR. 8. Development Review: County Road 35 is a gravel road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 feet of right-of- way at full buildout. The applicant shall delineate and label on the site map or plat the future and existing right -of- way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of- way. This road is maintained by Weld County. Response: Future ROW limits have been shown on the USR Map. 9. Development Review: County Road 40 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at Page 3 Juniper Mountain House Site Development Plan — POST -SUFFICIENCY REVIEW SUBMITTAL full buildout. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. Response: Future ROW limits have been shown on the USR Map 10. Development Review: Show and label the existing permitted accesses and the proposed access onto CR 35 and onto CR 40. For the proposed access, specify the approved access width, and the appropriate turning radii on the site plan. Response: Existing and Proposed ROW access points have been labeled. The only proposed access will be off of CR 35. 11. Development Review: Show and label the drainage flow arrows Response: Comment has been addressed. 12. Development Review: Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. Response: Parking will be in the stabilized staging area. Circulation will mainly be limited to this area, and dozers/scrapers will be used to move dirt into this area. 13. Planning Services: Show and label all recorded easements and rights -of -way by book and page number or reception number and date. Response: Easements and ROWs are labeled with reception numbers. 14. Planning Services: Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the map per the setback requirements of 23-3-50.E of the Weld County Code. Response: Setbacks have been shown on the Site Plan. 15. Planning Services: Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. Response: Acknowledged. 16. Planning Services: In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within the specified timeline from the date of the Board of County Commissioners Resolution, Response: Acknowledged. Prior to Construction 1. Planning Services — Development Review: If more than 1 acre is to be disturbed for construction of non -gravel pit items such as structures, parking lots, laydown yards et cetera a Weld County grading permit will be required prior to the start of construction. Response: Acknowledged. Page 4 Juniper Mountain House Site Development Plan — POST -SUFFICIENCY REVIEW SUBMITTAL Prior to Operation 2. Planning Services: The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility operator, the Fire District and the Weld County Office of Emergency Management. Submit evidence of acceptance to the Department of Planning Services Response: An email has been sent Roy Rudisill to coordinate this plan. 3. Planning Services: The applicant shall submit written evidence that the Financial and Performance warranty has been submitted and accepted by the Division of Mining Reclamation and Safety. Response: Evidence of Financial Warranty is attached. The Use by Special Review is not perfected until the Conditions of Approval are completed and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. Response: Acknowledged. Sincerely, Will Charles Principal Planner CC: Craig Rasmuson RECLAMATION PLAN OPERATOR: LOCATION: DATE: SUBJECT: KORWELL LAND HOLDINGS, LLC Weld County Parcel Number 105725000016 Weld County, Colorado December 7, 2022 Construction Material Regular (112) Operation Reclamation Permit Application INTRODUCTION Korwell Land Holdings, LLC (Korwell) owns a 162 -acre parcel in Weld County, Colorado (Site). The Site consists of 132 acres of active agricultural land under a center pivot irrigation system, and 30 acres of "dry corners" outside of the center pivot irrigation range. There are active oil and gas operations in the northwest dry corner of the parcel. There is also one (1) single vertical oil well in the center of the northeast quarter of the property. This well, and its associated production facility in the northeast dry corner, is scheduled to be plugged, abandoned, and reclaimed by Chevron USA Inc. in the winter of 2022-2023 before topsoil mining operations begin. A single vertical oil well in the center of the parcel has been plugged and abandoned. Over the next two to five years, (depending on volume of topsoil sales to the oil and gas market) Korwell proposes to mine approximately 372,679 tons (approximately 248,453 cubic yards) of topsoil from the 132 acres under the existing center irrigation pivot. Korwell is the landowner and operator of the mining activity and is responsible for reclamation of the disturbed area. All reclamation will be carried to completion by Korwell pursuant to the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials (Rules). This Reclamation Plan describes procedures necessary for reclamation of Korwell's field -wide resources on the Site. This plan will address re -contouring, reseeding, noxious weed treatment, stormwater mitigation, monitoring, reclamation success, and Site end state. The reclamation of disturbed land is critical in reestablishing ecological functions, and to minimize long-term effects from the mining operation to the extent practicable. To this effect, reclamation will be completed to support native, dryland grasses for uncommitted future land -use. The operator, and all personnel working on this project, should be familiar with the reclamation plan and its contents prior to the commencement of mining activities. EXISTING CONDITIONS Location: Current land uses:1 Vegetation: 19350 County Road 35 La Salle, Colorado 80645 Section 25 / Township 04 North / Range 66 West Agriculture; Oil and Gas Production Active agricultural land; annual crop rotation schedule includes corn and soybeans IASI) Page 2 Soi Is:2 Sand to Fine Loamy Sand - dominant soil types include: Vona Loamy Sand, Loup-Boel Loamy Sands, Valent Sand, Bresser Sandy Loam Climate:2 Water Resources: Wildlife: Mean annual air temperature: 48 to 55 degrees Fahrenheit Mean Annual precipitation: 13 to 15 inches Frost -free period: 130 to 160 days Stormwater Retention Pond is located in the southeast corner of the parcel, approximately 240 feet from the proposed disturbance area. Evan's Number 2 Ditch is located south of the parcel, approximately 650 feet from the proposed disturbance area. Platte Valley Ditch is located south of the parcel approximately 1,500 feet from the proposed disturbance area. Both irrigation ditches are fed from the South Platte River and flow into Milton Reservoir. No critical wildlife habitat or wildlife species will be impacted by the proposed operation. PROJECT DESCRIPTION Korwell is proposing to mine the upper 50 to 80 percent of topsoil from 132 acres of existing agricultural land in order to provide topsoil for reclamation of third -party development sites. The topsoil on Site has been measured between 14-18 inches in depth. The operator will extract approximately 12-14 inches of topsoil, leaving at least 3-6 inches on Site for reclamation purposes. The goal to remove a total of 372,679 tons of topsoil will occur in four phases over the course of four to six years after obtaining the Construction Material Regular 112 Operation Permit. RECLAMATION METHODS Mining and reclamation will occur in four phases based on field quadrant: Phase I (northeast quadrant) Phase II (northwest quadrant) Phase III (southeast quadrant) Phase IV (southwest quadrant) Within the first year following permit approval, the operator will mine topsoil from the northeast quadrant of the site; followed by reclamation efforts. Mining and subsequent reclamation of the southeast, northwest, and southwest quadrants will occur in years 2, 3, and potentially 4 and 5, respectively. Each quadrant, not including the "dry corners," is approximately 33 acres. Topsoil is to be mined for immediate sale. Stockpiling and stabilization of topsoil will not be required; the extracted topsoil will be removed from the site and sold to a third -party. During this process, the topsoil will be handled as little as possible to maintain soil health and fertility. STAG I N G A staging area has been designated in the northwest quadrant of the site. The staging area is approximately 6-8 acres and will provide room for equipment storage, mined topsoil, and truck loading operations. Additionally, the staging area will include an access point for ingress and egress traffic to Page 3 Weld County Road 40. The inclusion of a staging area and access point will minimize soil compaction across the disturbance area. GRADING & RECONTOURING Final grading will support an appropriate seedbed for revegetation and for undetermined future land use. The substrate shall be contoured to emulate the surrounding land topography and facilitate future land development. In accordance with section 3.1.5(3) of the Rules, all grading shall be done in a manner to control erosion and siltation of the affected lands and to protect areas outside the affected land from slides and other damage. The anticipated post reclamation slope gradient for each of the four quadrants will not change from the present slope. Pursuant to Rule 6.4.5, refer to the Reclamation Plan Map for the anticipated final slope gradient. SEEDING & REVEGETATION Following mining activities, each quadrant will be revegetated to establish diverse, effective, and long- lasting vegetative cover (Rule 3.1.10(1)). The operator will mechanically cultivate the area by disk and plow to ensure the preparation of a proper seedbed and good seed to soil contact. As indicated in the Project Description, 3-6 inches of topsoil will remain on Site after mining operations are complete to facilitate successful revegetation. If necessary, soil samples will be collected to identify nutrient deficiencies and determine if fertilizer applications or amendments are needed. Once prepared, the mined area will be seeded using a native grass seed mix. The site may also be mulched to stabilize revegetation efforts. Planting native grasses reduces the need for long-term irrigation, soil amendments, and weed maintenance. Sandy Site Mix - General Seed Mix for Weld County, Seed Species Variety Seeding Rate* Planting Depth Sand Bluestem Champ, Chet 1.00 lbs pls/acre < %2 inch Sand Lovegrass Bend, Native, Ne27 2.50 lbs pls/acre <'/2 inch Indian Picegrass Nezpar, Pimrock 3.00 lbs pls/acre < % inch Prairie Sand reed Goshen 0.75 lbs pls/acre <'/2 inch Green Needlegrass Lodorm 1.50 lbs pls/acre <'/2 inch Little Bluestem Blaze, Camper Cimarron, 0.75 lbs pls/acre <'/2 inch Yellow Indiangrass Cheyenne, Holt, Scout 0.50 lbs pls/acre <'/2 inch Switchgrass Blackwell, Nebraska 28 1.50 lbs pls/acre < % inch Sand Dropseed ---- 0.50 lbs pls/acre <'/2 inch TOTAL 12.00 lbs pls/acre * Recommendations made based on drill seeding application To ensure the greatest possibility of plant establishment, an approved, local seed mix developed by Weld County has been selected.2 The species in this seed mix have been selected based on their success given the seasonal patterns of precipitation, temperature and wind, soil texture, and fertility. Seeding rates and time of planting has been recommended by Weld County officials, and the Weld County Conservation District. Seed will be planted using drill seeding at the appropriate depths. Page 4 Due to availability of water and the presence of appropriate irrigation infrastructure on Site, seeding will take place between December 1 and May 1. Seeds will be planted immediately following the completion of mining activities to decrease competition from noxious weed species. NOXIOUS WEED MANAGEMENT Pursuant to Rule 3.1.10(6), methods of weed control shall be employed for all prohibited noxious weed species and whenever invasion of a reclaimed area by other weed species seriously threatens the continued development of the desired vegetation. Korwell will plant the desired seed mix immediately following the completion of mining operations to discourage establishment of noxious weeds. If established quickly, native plants will help to suppress weed growth. Mitigation of weed ingress during mining operations will include equipment washing or cleaning before arriving at the site and utilizing and using certified weed -free seed mixes and mulching materials (as applicable) during all reclamation operations. After native grasses are established, the operator will utilize integrated noxious weed management techniques dependent on the site conditions and nature of infestation. These techniques could include a combination of hand pulling, mowing, and spot treatment with appropriate herbicides. EROSION CONTROL The project will be authorized under a Construction Stormwater Discharge Permit (COR400000) from the Colorado Department of Public Health and the Environment (CDPHE). A site -specific Stormwater Management Plan (SWMP) has been designed for this project. Erosion control Best Management Practices (BMPs; e.g., erosion control blankets, straw bales, straw wattles, silt fence) will be installed to limit erosion and sediment transport from reclaimed areas, as needed. In accordance with section 3.1.6(3) of the Rules, all surface areas of the affected land, including spoil piles, shall be stabilized and protected so as to effectively control erosion. Stormwater BMPs will be installed and inspected per CDPHE permit requirements. WILDLIFE MITIGATION Reclamation efforts to plant native grass species will encourage pollinator and ground -nesting wildlife habitat. TRASH, DEBRIS, & MATERIALS HANDLING Pursuant to section 5.5.2 of the Rules, vegetation will be removed from the site and disposed or dispersed before mining activities begin. All trash and debris will be removed and properly disposed. Debris will be removed from the site via the access roads to avoid compaction of soil. SPILL REPORTING In accordance with section 3.1.13 of the Rules, the operator will report any spill of hazardous or toxic substance to the Office of Mined Land Reclamation (Office) within 24 hours. SCHEDULE Pursuant of Rule 6.4.4(e), reclamation efforts will commence following the completion of each of the four mining phases. Mining activities are scheduled to occur throughout the winter of each year and Page 5 reclamation efforts will begin the following spring. Spring reclamation efforts will encourage adequate seed germination, ensure water availability, and decrease the chances of short-term soil erosion. Appropriate grading efforts will be made during mining operations to ensure proper seedbed preparation and create final topographic contours appropriate for undetermined future land use. All reclamation shall be carried to completion by the operator with all reasonable diligence, and each phase of reclamation shall be completed within five (5) years from the date the operator informs the Board or Office that such phase has commenced, or from the date the Office has evidence that mining or exploration has ceased, unless extended by the Board or Office. MONITORING REQUIREMENTS Pursuant to Rule 3.2(8), "Mining operations shall be inspected a sufficient number of times each year to ensure compliance with the permit, law, and these Rules. The frequency of inspection shall be determined by the extent of the operation, rate of mining, degree of actual or potential environmental impact, and the Operator's past record of compliance." ANNUAL REPORT & FEES Pursuant to Rule 1.15, an annual report and an annual fee must be submitted by the anniversary date of the Notice of Intent (NOI) approval for each year until a reclamation responsibility release is granted. 1) The Annual Report shall include all information specified on the Annual Report Form, in the format required by the Office. The annual report shall contain: a) Any roads constructed, areas disturbed, and areas reclaimed to date, including identification of disturbance and reclamation activities which have occurred in the preceding year. Exploration disturbance and reclamation must be identified on a site map of adequate scale to field locate these areas, which may include: (i) Coordinates reported in latitude and longitude in degrees, minutes and seconds or in decimal degrees to an accuracy of at least five (5) decimal places (e.g., latitude 37.12345 N, longitude 104.45678 W); or (ii) Coordinates based on the Universal Transverse Mercator (UTM) North American Datum (NAD). For UTM, the Prospector will need to specify NAD 1927, NAD 1983 or WGS 84, and the applicable zone, measured in meters. 2) On the anniversary date of the Notice of Intent (NOI) approval, the Person conducting exploration shall submit to the Office an annual fee as specified in Section 34-32.5-125(b)(ii), C.R.S. ROS r -RECLAMATION INSPECTION & RELEASE OF WARRAN TIES The entirety of each quadrant will be reclaimed pursuant to the Rules. 1) Pursuant to Rule 3.1.3, all reclamation shall be carried to completion by the operator with all reasonable diligence, and each phase of reclamation shall be completed within five (5) years from the date the operator informs the Board or Office that such phase has commenced, or Page 6 from the date the Office has evidence that mining or exploration has ceased, unless extended by the Board or Office. 2) Pursuant to Rule 4.17.1, The Operator of any mining operation possessing a 110 Limited Impact Permit, or a 111 Special Operations Permit, or a 112 Reclamation Permit may file a written notice of completion of reclamation and request for release of reclamation responsibility with the Office whenever an Operator believes any or all requirements of the Act, the Rules and Regulations, and the approved reclamation plan have been completed with respect to any or all of the Affected Lands. The Operator shall include in the notice to the Office the names and addresses and phone numbers of all owners of record to the affected land. The written notice requesting release shall be sent by Certified Mail and be separate from other types of communication to the Office. Such notice shall contain a signed statement by the Operator or their agent that all applicable portions of the Reclamation Plan requirements have been satisfied in accordance with these Rules and all applicable requirements under the Act. REFERENCES WSP. Phase 1 Environmental Site Assessment. Weld County Parcel Number 105725000016. August 2021. WSP USA, Arvada. Z USDA. 2021. Natural Resources Conservation Service, Soil Survey Staff. Web Soil Survey. Accessed April 2022. Available online at https://websoilsurvey.nrcs.usda.gov/. 3 Weld County. 2022. Seeding Grasses and Forbs. Weld County, Colorado. Accessed April 2022. Available online at hops://www.weldgov.com/Government/Departments/Public-Works/Weed- Management/Controlling-Weeds/Reseeding. Colorado Division of Reclamation, Mining and Safety. 2019. Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials. ■OMl" ■ll��##A ■l######A ■i######A NIKUMM- R A RRRRRRA • R A A AAAAAA • R A A AAAAAA • R A A AAAAAA • R A A AAAAAA • IIIIIIXXXXXIIII IIIIIIXXXXXIIII IIIIIIXXXXXIIII IIIIIIXXXXXIIII IIIIIIXXXXXIIII IIIIIIXXXXXIIII IIIIIIXXXXXIIII IIIIIIXXXXXIIII IIIIIIXXXXXIIII R�AAAA�MIMI a ■ m 611 a ■ sa m a ■ aa sa m Ma lan ■ ■ 8 ■ maa ■ ■ ■ 2111 I la 1111 IIla m m m m S S s DRAINAGE NARRATIVE KERSEY TOPSOIL MINE LOCATED IN SECTION 25, TOWNSHIP 4 NORTH, RANGE 66 W OF THE 6TH PM WELD COUNTY, STATE OF COLORADO Site Address: 19350 County Road 35 Weld County, CO Prepared By: Baseline Engineering Corporation 112 N. Rubey Drive #210 Golden, Colorado 04/27/23 '_i LUKE MYERS, P JOB # 484 Original Submittal: April 27, 2023 'BASELINE 1 _ . Engineering • Plonning • Surveying _ 1 1 1 1; 1 I I I 1 f 1 1 Site Location and Description 1. A parcel of land located in Section 25 of Township 4 North, Range 66 West of the 6th Principal Meridian, County of Weld, State of Colorado. 2. The site is bounded on the north and east by agriculture land uses, to the south by County Road 40, and to the west by County Road 35. 3. The parcel address is 19350 County Road 35, Weld County, CO. 4. The project site area is approximately 162 acres. 5. Historical ground cover for the on -site basin consists of; 3.3% Bresser Sandy Loam, 0 to 3 percent slopes, 8.4% Loup -Bowl Lomay Sands, 0 to 3 percent slopes, 3.7% Valent Sand, 3 to 9 percent slopes, and 84.7% Vona Loamy Sand, 0 to 3 percent slopes. Refer to the appendix for a copy of the Natural Resources Conservation Service (NRCS) Soil Survey Map. 6. The site is generally flat with slopes ranging from 0% to 3%. There are no existing drainage features on site. 7. The Platte Valley Canal is located approximately 1500 ft southeast of the site. An irrigation pond that will remain untouched is in the southeast corner of the site. 8. NOAA Atlas rainfall for the site has a one -hour point precipitation rainfall of 1.36 inches for the minor, 10 -year event, and 2.69 inches for the major, 100-yr event. Proposed Project Description Korwell Land Holdings, LLC (Korwell) owns a 162 -acre parcel in Weld County, Colorado (Site). The Site consists of 132 acres of active agricultural land under a center pivot irrigation system, and 30 acres of "dry corners" outside of the center pivot irrigation range. There are active oil and gas operations in the northwest dry corner of the parcel. There is also one (1) single vertical oil well in the center of the northeast quarter along with a production facility in the NE/4 dry corner. This well and facility are scheduled to be plugged and abandoned and reclaimed by Chevron in the winter of 2022-23. This well site will be plugged and abandoned before topsoil mining operations begin in the northeast quarter. Korwell proposes to mine approximately 2 372,679 tons (approximately 248,453 cubic yards) of topsoil from the 132 acres under the existing center irrigation pivot. Korwell is the landowner and operator of the mining activity. Korwell is proposing to mine the upper 50 to 80 percent of topsoil from the irrigated portion of existing agricultural land to provide topsoil for reclamation of third -party development sites. The topsoil on Site has been measured between 14-18 inches in depth. The operator will extract approximately 12-14 inches of topsoil, leaving at least 3-6 inches on Site for reclamation purposes. Korwell will dig test holes on approximately a 500' x 500' grid to verify depths and ensure adequate top soil remains. The goal to remove a total of 372,679 tons of topsoil will occur in four phases over the course of four to six years after obtaining the Construction Material Regular 112 Operation Permit. Drainage Patterns Currently, rainfall that lands on site sheet flows across the existing agricultural grasses from the southeast to the northwest. There are no known offsite flows that make it on site since the Platte Valley Canal is located upstream and prevents flow onto the site. There are no known drainage issues present on the site. In proposed conditions, this drainage pattern will remain the same with agricultural grasses providing water quality and allowing for infiltration before flowing offsite. Exemptions The proposed project will not create adverse downstream impacts nor alter the drainage patterns in the area. Per the Weld County Code, Section 8-11-40-1-8, stormwater detention will not be required since the proposed development does not increase the impervious percentage of the site and there are no proposed structures or paving operations proposed. The proposed development will not impact any existing Weld County or Mile High Flood District Master Drainage Plan recommendations. This drainage narrative satisfies the exception requirements set forth in Section 8-11-40 of the Weld County Code. 3 References 1. Urban Storm Drainage Criteria Manual, Volumes 1 & 2; Urban Drainage and Flood Control District, Denver, CO. Updated January 2016. 2. Urban Storm Drainage Criteria Manual, Volume 3; Urban Drainage and Flood Control District, Denver, CO. Updated November 2010. 3. Weld County Charter and County Code; Weld County, Colorado. Updated February 2023. 4 National Flood Hazard Layer FIRMette Legend 1O4°44`61/1 40°17'N 104°43'29"W 40°16'32"N 250 500 1,000 1,500 2,000 Basemap: USGS National Map: Orthormagery: Data refreshed October, 2020 Feet 1:6,000 SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT SPECIAL FLOOD HAZARD AREAS Without Base Flood Elevation (BFE) Zone A. V. 499 With BFE or Depth Zone 4E. AO. AH. VE. AR Regulatory Floodway OTHER AREAS OF FLOOD HAZARD OTHER AREAS GENERAL STRUCTURES OTHER FEATURES MAP PANELS O 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mile Future Conditions 1% Annual Chance Flood Hazard Area with Reduced Flood Risk due to Levee. See Notes. zone x Area with Flood Risk due to Leveezone U NO SCREEN Area of Minimal Flood Hazard zone x Effective LOMRs Area of Undetermined Flood Hazard zone() - Channel. Culvert, or Storm Sewer i i i i i l l Levee, Dike, or Floodwall 20.2 Cross Sections with 1% Annual Chance 17.5 Water Surface Elevation - - - - Coastal Transect Base Flood Elevation Line (BFE) Limit of Study - Jurisdiction Boundary - - - - Coastal Transect Baseline ® o m Profile Baseline Hydrographic Feature Digital Data Available No Digital Data Available Unmapped The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 3/20/2023 at 2:49 PM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. NOAA Atlas 14, Volume 8, Version 2 Location name: Dacono, Colorado, USA* Latitude: 40.0813°, Longitude: -104.9701° Elevation: mitt** * source: ESRI Maps ** source: USGS POINT PRECIPITATION FREQUENCY ESTIMATES Sanja Perica, Deborah Martin, Sandra Pavlovic, Ishani Roy, Michael St. Laurent, Carl Trypaluk, Dale Unruh, Michael Yekta, Geoffery Bonnin NOAA, National Weather Service, Silver Spring, Maryland PF tabular I PF graphical I Maps_&_aerials PF tabular PDS-based point precipitation frequency estimates with 90% confidence intervals (in inches)1 Average recurrence interval (years) Duration 1 2 5 10 25 50 100 200 500 1000 1 5 -min 0.226 (0.174-0.293) 0.275 (0.211-0.358) 0.371 (0.284-0.484) 0.466 (0.355-0.611) 0.618 (0.466-0.870) 0.752 (0.550-1.07) 0.901 (0.638-1.31) 1.07 (0.726-1.60) . 1.31 (0.858-2.02) 1.51 (0.958-2.33) 10 -min 0.331 (0.254-0.430) 0.403 (0.310-0.524) 0.544 (0.416-0.709) 0.682 (0.520-0.894) 0.904 (0.683-1.27) 1.10 (0.806-1.56) 1.32 (0.934-1.92) 1.56 (1.06-2.34) 1.92 (1.26-2.95) 2.22 (1.40-3.41) 15 -min 0.403 (0.310-0.524) 0.491 (0.377-0.639) 0.663 (0.508-0.865) 0.832 (0.634-1.09) 1.10 (0.833-1.55) 1.34 (0.983-1.90) 1.61 (1.14-2.34) 1.91 (1.30-2.85) 2.34 (1.53-3.60) 2.70 (1.71-4.16) 30 -min 0.551 (0.424-0.716) 0.669 (0.514-0.870) 0.900 (0.689-1.17) 1.13 (0.859-1.48) 1.49 (1.13-2.10) 1.82 (1.33-2.58) 2.18 (1.54-3.17) 2.58 (1.76-3.86) 3.17 (2.08-4.87) 3.66 (2.32-5.64) 60 -min 0.672 0.819 (0.629-1.07) 1.11 (0.847-1.44) 1.39 (1.06-1.82) 1.84 (1.39-2.59) 2.24 (1.64-3.18) 2.69 (1.90-3.90) 3.18 (2.16-4.76) 3.91 (2.56-6.01) 4.51 (2.86-6.95) ,(0.517-0.873) h I M I A 2 -hr 0.793 (0.617-1.02) 0.969 (0.753-1.24) 1.31 (1.02-1.69) 1.65 (1.27-2.13) 2.19 (1.67-3.04) 2.66 (1.97-3.73) 3.19 (2.28-4.58) 3.78 (2.60-5.58) 4.65 (3.07-7.04) 5.37 (3.43-8.14) 3 -hr 0.858 (0.672-1.09) 1.05 (0.821-1.34) 1.42 (1.11-1.82) 1.78 (1.38-2.29) 2.36 (1.81-3.25) 2.87 (2.14-3.98) 3.44 (2.47-4.88) 4.07 (2.81-5.94) 4.99 (3.32-7.49) 5.75 (3.70-8.66) 6 -hr 1.02 (0.808-1.28) 1.23 (0.977-1.55) 1.64 (1.30-2.08) 2.04 (1.60-2.59) 2.68 (2.08-3.63) 3.23 (2.43-4.41) 3.85 (2.80-5.38) 4.53 (3.16-6.51) 5.52 (3.71-8.16) 6.35 (4.13-9.41) 12 -hr 1.26 (1.01-1.57) 1.50 (1.20-1.86) 1.95 (1.56-2.43) 2.38 (1.89-2.98) 3.06 (2.39-4.07) 3.64 (2.77-4.89) 4.28 (3.15-5.89) 4.99 (3.52-7.06) 6.02 (4.09-8.75) 6.87 (4.51-10.0) 24 -hr 1.51 (1.23-1.85) 1.81 (1.47-2.22) 2.35 (1.90-2.88) 2.83 (2.27-3.49) 3.56 (2.80-4.62) 4.17 (3.19-5.48) 4.82 (3.57-6.50) 5.53 (3.93-7.67) 6.53 (4.47-9.31) 7.34 (4.88-10.6) 2 -day 1.73 (1.42-2.09) 2.12 (1.74-2.56) 2.77 (2.26-3.36) 3.33 (2.71-4.05) 4.13 (3.25-5.23) 4.76 (3.67-6.12) 5.42 (4.04-7.15) 6.11 (4.37-8.29) 7.05 (4.86-9.84) 7.78 (5.23-11.0) - 3 -day 1.89 (1.56-2.26) 2.28 (1.88-2.73) 2.94 (2.42-3.54) 3.51 (2.88-4.24) 4.32 (3.43-5.43) 4.97 (3.86-6.33) 5.64 (4.23-7.36) 6.33 (4.56-8.51) 7.28 (5.05-10.1) 8.02 (5.42-11.2) 4 -day 2.01 (1.67-2.40) 2.40 (2.00-2.87) 3.06 (2.53-3.66) 3.63 (2.99-4.36) 4.44 (3.55-5.55) 5.09 (3.97-6.45) 5.77 (4.35-7.49) 6.47 (4.69-8.64) 7.43 (5.18-10.2) 8.18 (5.56-11.4) 7 -day 2.31 (1.94-2.72) 2.71 (2.27-3.20) 3.38 (2.83-4.00) 3.96 (3.29-4.71) 4.79 (3.86-5.90) 5.45 (4.29-6.81) 6.12 (4.66-7.85) 6.83 (5.00-9.01) 7.80 (5.49-10.6) 8.56 (5.87-11.8) 10 -day 2.57 (2.17-3.00) 2.98 (2.52-3.49) 3.68 (3.09-4.32) 4.28 (3.57-5.04) 5.12 (4.15-6.25) 5.78 (4.58-7.16) 6.47 (4.95-8.22) 7.18 (5.28-9.38) 8.14 (5.76-10.9) 8.89 (6.13-12.1) 20 -day 3.29 (2.81-3.80) 3.77 . (3.22-4.35) 4.55 (3.88-5.27) 5.21 (4.41-6.05) 6.12 (5.01-7.34) 6.83 (5.47-8.31) 7.55 (5.84-9.41) 8.28 (6.15-10.6) 9.25 (6.62-12.2) 10.00 (6.97-13.4) 30 -day 3.87 (3.33-4.42) 4.41 (3.80-5.05) 5.30 (4.55-6.08) 6.04 (5.15-6.96) 7.04 (5.80-8.35) 7.81 (6.29-9.40) 8.57 (6.68-10.6) 9.34 (6.98-11.9) 10.4 (7.45-13.5) 11.1 (7.80-14.8) 45 -day 4.56 (3.96-5.17) 5.22 (4.52-5.92) 6.28 (5.42-7.14) 7.14 (6.13-8.15) 8.29 (6.86-9.72) 9.16 (7.42-10.9) 10.0 (7.84-12.2) 10.9 (8.16-13.6) 11.9 (8.64-15.4) 12.7 (9.00-16.8) 60 -day 5.13 (4.47-5.78) 5.90 (5.14-6.65) 7.12 (6.18-8.05) 8.11 (7.00-9.21) 9.41 (7.83-11.0) 10.4 (8.45-12.3) 11.3 (8.91-13.7) 12.2 (9.24-15.2) 13.4 (9.74-17.2) 14.3 (10.1-18.6) 1 Precipitation frequency (PF) estimates in this table are based on frequency analysis of partial duration series (PDS). Numbers in parenthesis are PF estimates at lower and upper bounds of the 90% confidence interval. The probability that precipitation frequency estimates (for a given duration and average recurrence interval) will be greater than the upper bound (or less than the lower bound) is 5%. Estimates at upper bounds are not checked against probable maximum precipitation (PMP) estimates and may be higher than currently valid PMP values. Please refer to NOAA Atlas 14 document for more information. Back to Top PF graphical PDS-based depth -duration -frequency (DDF) curves Latitude: 40. D81},'_ , Longitude: 4O4..97O1c c 16 14 12 1a CL 0 1� Y U CU a - r L 4 1I I I I t I . • a . I I I I Y I I 1 I 4 --- = T I - - ` I - - - - ,, I I I I 1 1 I I I 1 I i 1 4 I I I 1 I 1 I 1 I I a I. I I I I a t I' r I 1 1 r S-- a* -a -r ----r�- y- --- ,' — - T— a a a. -.5 1 1 1 I I I I I I I I I I I P I 1 I I t I 1 1 I I I 1 I I I I I I I I I, I 4 i I I" I I I i I I I I I I 1 I 'I I I I 1 I i / I 11" I a .4 I I I I• I a i s — IS V i . e as a.4 _ . se s . A _ . _ _ . a J _ . J _ . s IS h 4 _ _ . _ _ . I . _ a .1 I I a I I I I 1 I I I I I I i I I I I I 1 1 I l I I X I 1 I a I - Ir _ — a IS es i _ _ • - • _ _ - -• s_ - — I I • I I I I 1 t I I I I I I I I— a I I "I • ,!, I I a -- I — I I $ 1 �l�i • • I I / 1 1 Lf1 I Fri l C Average recurrence interval (years) 5 10 NOAH Atlas 140 lume Verson 2 I I L. in fic 6 ,4J rri Duration I n4 I ct rC 1 z !mod rn C 1 I N C ifTII f I I I I !N fri 4O 25 50 100 200 500 1000 Created (GMT): Wed Apr 12 18;06:58 2023 Back to Top Maps & aerials Small scale terrain Aire_ recurrence interval (years) 1 2 10 25 S0 100 200 600 1000 Duration 5-rnfr1 15 -min 30-mrn 24i 3 -lit 6 -ti r 12 -hr 24 -hr 2 -day 3 -day 4 -day 7 -day 10 -day 20 -day 30-Iday 45 -day .IIIIIIIIIIIIIII 50 -day Firestone Frederick +. AR KLAN'S' - AIRPORT 3km i 2mi IL r ry St IL I Is i•- ".1 Large scale terrain F rtcolllns 0 Cheyenne Greeley a 111_"i It 13c'twIcjer aI---- 100km 60mi r 4 fa- .l •Denver ■ U N Large scale map Fort (:oifiris 100km 60mi L C heyera e _ Greeley LIngniont Peim er 4 olorado Sprit gs Large scale aerial Back to Top US Department of Commerce National Oceanic and Atmospheric Administration National Weather Service National Water Center 1325 East West Highway Silver Spring, MD 20910 Questions?: HDSC.Questions@noaa.gov Disclaimer Sec 23-4-280 Supporting Documents The following documents or any other similar documents shall be submitted by the applicant if deemed necessary by the Board of County Commissioners for the protection of the health, safety and welfare of the inhabitants of the County. A. The applicant shall submit a copy of those Reclamation Plans submitted to the State of Colorado Mined Land Reclamation Board. The Reclamation Plans must include a map showing property boundaries, topography, bodies of water and access. Reclamation Plans are included in the submittal package. B. Plans for obtaining water supplies to replace water consumed by MINING and processing of the material, including dust control, consumed for domestic purposes by employees, and consumed by evaporative losses from exposed groundwater. Water usage is planned to be kept to a minimum and only for the purpose of dust control. The mining operations will only be scraping the top 12-14 inches of soil which is not deep enough to impact ground water, and employees will utilize bottled water while on site. C. Cross -sections of drainage STRUCTURES (culverts for access to COUNTY roads, interior haul roads crossing of ponding or stream channeling). Access onto County roads will only be from WCR 35. Access onto the road will be designed per County standards. D. Profile and typical cross-section of haul roads. On -site haul roads will not be needed or utilized on site. E. An applicant for in -situ solution mining shall submit written evidence of approval for all federal and state regulatory agencies. A federal DNR-112 Permit has been applied for and approved. BASELINE Engineering - Punning - Surveying Environmental Narrative Waste Handling Plan Trash service is not anticipated to be provided on site. Employees will be required to remove any trash they bring on site. Additionally, the equipment used on site is not anticipated to generate any waste. Dust Abatement Plan Dust will be mitigated through keeping the stockpile size to a minimum. Additionally, mining and stockpiling will be avoided on high wind days. The scraper is designed to compact the ground as it moves, and the water will be utilized on the stockpile if dust blowing becomes a concern. Portable Toilets Portable toilets will be provided on site for employees. Noise Study The site is not anticipated to generate any additional noise than what is shown on neighboring farming properties. Additionally, the equipment that will be used on site is similar to what can be found on many farming properties. On the following page is a technical specification for a similar type of scraper that will be utilized on site. The max dB(a) with the engine fans running at full speed and sitting inside the cabin with the doors open is 77 dB(a) which is under the maximum 80 dB(a) industrial limits. Scrapers will be the most intense piece of equipment that will be used on site. APEN Preliminary modeling suggests that this project will be well under the 10 tons of particulate per year which triggers an APEN Permit. An APEN application has been submitted to CDPHE to verify. Steamboat Springs • Golden • Colorado Springs • Loveland Corporate Office: 112 North Rubey Drive, Suite 21Q Golden, Colorado 80403 651 Wheel Tractor -Scraper Technical Specifications Configurations and features may vary by region. Please consult your Cat° dealer for availability in your area. Table of Contents Specifications .. a c nn nn n b ❑•.• .. ❑ ❑ 2 Engine 2 General Data 3 Safety Criteria Compliance Standards 2 Sound Performance 3 Implement Cycle Times 2 Air Conditioning System 3 Transmission 2 Dimensions 4 Service Refill Capacities 3 Typical Fixed Times and Retarder Curves 5 Rimpull-Speed-Gradeability and Retarder Curves 7 Standard & Optional Equipment 9 651 Environmental Declaration 11 651 Wheel Tractor -Scraper Specifications Engine Engine Model: Tractor Cat® C18 Rated Engine Speed: Tractor 2,000 rpm Net Power (SAE J1349:2011/ ISO 9249:2007) Tractor Gross Power (SAE J1995:2014): Tractor 436 kW 585 hp 475 kW 637 hp Engine Power (ISO 14396:2002): Tractor 469 kW 629 hp Tractor — Two engine emission options are available: 1. U.S. EPA Tier 4 Final. 2. EU Stage V. • Maximum Speed: Length x Width x Height. Net power available at the flywheel when the engine is equipped with fan, air cleaner, aftertreatment, and alternator with engine speed at 2,200 rpm. Safety Criteria Compliance Standards Rollover Protection Structure (ROPS) ISO 3471:2008 for up to 26 600 kg (58,643 lb) Falling Object Protective Structure (FOPS) ISO 3449:2005 Level II Brakes ISO 3450:2011 Steering System ISO 5010:2007 Seat Belt SAE J386:AUG2012 Forward Horn and Reverse Alarm ISO 9533:2010 Exterior Sound power level for standard machine ISO 6393:2008 is 116 dB(A) Implement Cycle Times Apron Lower 4.1 seconds Apron Raise 4.4 seconds Bail Lower 1.9 seconds Bail Raise 1.7 seconds Bowl Lower 4.5 seconds Bowl Raise 4.2 seconds Ejector Extend 9.2 seconds Ejector Retract 7.8 seconds Transmission Forward 1 5.7 km/h 3.5 mph Forward 2 10.5 km/h 6.5 mph Forward 3 12.5 km/h 7.8 mph Forward 4 17.0 km/h 10.6 mph Forward 5 22.8 km/h 14.2 mph Forward 6 30.9 km/h 19.2 mph Forward 7 41.4 km/h 25.7 mph Forward 8 56.1 km/h 34.9 mph Reverse 10.8 km/h 6.7 mph 2 651 Wheel Tractor -Scraper Specifications Service Refill Capacities Crankcase: Tractor 38.0 L 10.0 gal Transmission System: Tractor 136.0 L 35.9 gal Cooling System: Tractor 88.6 L 23.4 gal Fuel Tank 1628.0 L 430.1 gal Hydraulic System 150.0 L 39.6 gal Diesel Exhaust Fluid: Tractor 30.5 L 8.1 gal General Data Fuel Tank Refill Capacity 860 L 227.2 gal Shipping (Split Configuration): Tractor Width Tractor Height Scraper Width Scraper Height 3.90 m 4.52 m 4.08 m 3.90 m 12.8' 14.8' 13.4' 12.8' Scraper Capacity: Struck Heaped 24.5 m3 33.6 m3 32.0 yd3 44.0 yd3 Rated Load 47 174 kg 46.4 tonnes 104,000 lb 52.0 tons Width of Cut 3.8 m 12.5' Maximum Depth of Cut (Cushion Hitch Locked) 440 mm 17.3" Maximum Depth of Spread (Cushion 530 mm Hitch Locked) 20.9" Maximum Depth of Spread 660 mm 26.0" Top Speed (Loaded) 56.1 km/hr 34.9 mph 180° Curb -to -Curb Turning Width (Right) 13.6 m 44.6' Tire Size 40.5/75 R39 ** E-3 Operating weight (Michelin Tires, Full Fuel, Without Operator) Unloaded With Rated Load 74 253 kg 163,7001b 121 427 kg 267,700 lb Overall Length 17.97 m 58.96' Sound Performance Sound Level Test Method Operator Sound Pressure Level 77 dB(A) "ISO 6396:2008"o) Equivalent Sound Pressure Level (Leq) 77 dB(A) "ANSI/SAW J1166 FEB 2009"(2) • Hearing protection may be needed when operating with an open operator station and cab (when not properly maintained or doors/ windows open) for extended periods or in a noisy environment. {'> The measurement was conducted at 100% of the maximum engine cooling fan speed. The sound level may vary at different engine cooling fan speeds. The measurement was conducted with the cab doors and the cab windows closed. The cab was properly installed and maintained. (2) This is a work cycle sound exposure level. The measurement was conducted with the cab doors and the cab windows closed. The cab was properly installed and maintained. Air Conditioning System • The air conditioning system on this machine contains the fluorinated greenhouse gas refrigerant R134a (Global Warming Potential = 1430). The system contains 2.0 kg (4.4 lb) of refrigerant which has a CO2 equivalent of 2.86 metric tonnes (3.153 tons). 3 651 Wheel Tractor -Scraper Specifications Dimensions All dimensions are approximate. till 3 4 Sa 56 651 1 Overall Machine Width 4.36 m 14.30 ft 2 Tractor Width 3.75m 12.30 ft 3 Scraper Width 4.36m 14.30 ft 4 Inside of Bowl Width 3.68m 12.07 ft 5a Outside Rear Tires Width 3.84 m 12.60 ft 5b Outside Bowl Width 3.93m 12.89 ft 6 Overall Machine Height 4.77m 15.65 ft 7 Height to Top of Cab 3.92m 12.86 ft 8 Tractor Ground Clearance 0.72m 2.36 ft 9 Front of Tractor to Front Axle 4.55 m 14.93 ft 10 Axle to Vertical Hitch Pin 0.55m 1.80 ft 11 Cutting Edge Height - Maximum 0.66m 2.17 ft 12 Wheelbase 9.96 m 32.68 ft 13a Overall Machine Length — Bail Down 17.97m 58.96 ft 13b Overall Machine Length — Bail Up or NA 17.05 m 55.94 ft 14 Rear Axle to Rear of Machine 2.46m 8.07 ft 651 Wheel Tractor -Scraper Specifications Typical Fixed Times Retarder Curves TYPICAL FIXED TIMES FOR SCRAPERS (Times may vary depending on job conditions) Model Loaded By Load Time (Min.) Maneuver and Spread or Maneuver and Dump (Min.) 613G Self 0.9 0.7 623K Self 0.9 0.7 621K One D8 0.5 0.7 627K One D8 0.5 0.6 621K One D9 0.4 0.7 627K One D9 0.4 0.6 627K/PP Self 0.9* 0.6 631K One D9 0.6 0.7 637K One D9 0.6 0.6 631K One D10 0.5 0.7 637K One D10 0.5 0.6 637K/PP Self 1.0* 0.6 657 One D11 0.6 0.6 657 Push Pull 1.1* 0.6 Self 637K Coal 0.8 0.7 657 Coal 0.8 0.6 *Load time per pair, including transfer time. Note: Empty weights shown on the Wheel Tractor -Scraper charts include ROPS canopy. When calculating TMPH loadings, any additional weight must be considered in establishing mean tire loads. USE OF RETARDER CURVES The following explanation applies to retarder curves for Wheel Tractor -Scrapers and Articulated Trucks. The speed that can be maintained (without use of service brake) when the machine is descending a grade with retarder fully on can be determined from the retarder curves in this section if gross machine weight and total effective grade are known. Total Effective Grade (or Total Resistance) is grade assistance minus rolling resistance. 10 kg/metric ton (20 lb/U.S. ton) = 1% adverse grade Example: 15% favorable grade with 5% rolling resistance. Find Total Effective Grade. Total Effective Grade = 15% Grade Assistance — 5% Rolling Resistance = 10% Total Effective Grade Assistance Example Problem: A 651 with an estimated payload of 47 175 kg (104,000 lb) descends a 10% total effective grade. Find constant speed and gear range with maximum retarder effort. Find travel time if the slope is 610 m (2,000 ft) long. Empty weight + payload = Gross Weight = 60 950 kg + 47 175 kg = 108 125 kg (134,370 lb + 104,000 lb = 238,370 lb) 5 651 Wheel Tractor -Scraper Specifications Retarder Curves T Solution: Using the retarder curve below, read from 108 125 kg (238,370 lb) (point A) on top of Gross Weight scale down the line to the intersection of the 10% Effective Grade line (point B). Go across horizontally from point B to the intersection of the retarder curve (point C). Point C intersects at the 5 (5th gear) range. Where point C intersects the retarder curve, read down vertically to point D on the bottom scale to obtain the constant speed: 21.7 km/h (13.5 mph). Answer: The 651 will descend the slope at 21.7 km/h (13.5 mph) in 5th gear. Travel time is 1.68 minutes. 610m = 1.68 min 363 m/min 2000 ft 13.5 mph x 88* * (mph x 88 = F.P.M.) = 1.68 min 60x610 =T=(1.68) 21.7 x 1000 Note: The basic Distance -Speed -Time formula is 60 D = S = T (or "60 D Street"), where 60 is minutes, D is distance, S is speed, and T is time. In the above problem, 60 x 610 m ± 21.7 km/h x 1000 = T. GROSS WEIGHT 0 20 40 60 80 100 120 140 160 180 200 22'0 240 260 280 300 Ih x 9 000 I I I I I I I I I I I I I l I I 0 10 20 30 40 50 60 70 810 90 100 110 120 130 140kg X 1000 I I I . _ 30% 25%ia L : � • Ir 20% { r r E I I • • r I I . • I - / ! - ~ rl I 4 --P 1 I I• . • • .s r r J J p •I I • • I _I 6 • • . 5% . • i•' L I l 1. 1 1 . . • I I 0 I 0 Compression Braahking. Level rn! iur *low KEY 5 10 I . 5 15 10 20 25 3 0 I I 15 3 — 3rd Gear Direct Drive 4 — 4th Gear Direct Drive 5 — 5th Gear Direct Drive 6 — 6th Gear Direct Drive 7 — 7th Gear Direct Drive 8 — 8th Gear Direct Drive 20 SPEED 35 40 45 50 I . !i► o Ed C Ct 0 0 r� WE t5 55 60 km/h 25 30 35 mph KEY A — Loaded 108 125 kg (238,370 lb) B — Intersection with 10% effective grade line C — Intersection with retarder curve (5th gear) D — Constant speed 21.7 km/h (13.5 mph) 6 651 Wheel Tractor -Scraper Specifications Rimpull-Speed-Gradeability Curve IbX kg 1000 1000 .130 120 110 100 90 J 80 0 70 CC 60 50 40 30 20 10 0 GROSS WEIGHT 0 20 40 60 80 100 120 140 160 180 200 220 240 260 280 300 320 lb X1000 1 1 1 11 1 1 1 1 1 1 1 1 1 0 10 20 30 40 50 60 70 60 55 50- 45 - 40- 35 _ 30 0 0 5 10 15 20 I 0 *at sea level KEY I 5 I 80 90 100 110 120 130 140 150 kg X 1000 25 30 II I i 35 40 45 I I 1 50 55 I I 60 km/h 10 15 20 25 30 35 mph SPEED 1 — 1st GearTorque Converter Drive 2 — 2nd GearTorque Converter Drive 3 — 3rd Gear Direct Drive 4 — 4th Gear Direct Drive 5 — 5th Gear Direct Drive 6 — 6th Gear Direct Drive 7 — 7th Gear Direct Drive 8 — 8th Gear Direct Drive KEY E — Empty 72 804 kg (160,505 I b ) L — Loaded 119 978 kg (264,505 lb) 7 651 Wheel Tractor -Scraper Specifications Rimpull-Retarding Curve 0 GROSS WEIGHT* 15 30 45 60 75 90 105 120 135 kg x 1000 I I 1 I I I 1 I I 0 20 40 60 80 100 120 140 160 180 200 220 240 260 280 300 lb x 1000 I I I I I I I I I 40% 35% 30% • 4 E • • . . . • • ■ • • • . ■ ■ • • • . . • • I I I I I I I I I I I I I I I ///y/ /-00 , ■ 8' , , , d , , O 00 O 00 I I I I 0 J 0 *at sea level 5 10 I I I I 5 10 15 20 25 30 35 40 45 50 km/h 25% v ca 20% W .y Q CC 15% WCC y w � 10`)/0L.Lc IE as 5% C7 1% 15 20 I I I SPEED KEY KEY 3 — 3rd Gear Direct Drive 4 — 4th Gear Direct Drive 5 — 5th Gear Direct Drive 6 — 6th Gear Direct Drive 7 — 7th Gear Direct Drive 8 — 8th Gear Direct Drive 25 30 mph I I I E — Empty 72 804 kg (160,505 lb) L — Loaded 119 978 kg (264,505 lb) 8 651 Wheel Tractor -Scraper Specifications Standard & Optional Equipment Standard and optional equipment may vary. Consult your Cat dealer for details. Standard Optional POWER TRAIN — TRACTOR Cat C18 (U.S. EPA Tier 4 Final and EU Stage V) Cat engine brake Electric start, 24V Air cleaner, dry type Fan, hydraulic Ground level engine shutdown Radiator Guard, crankcase Starting aid, ether Braking system: primary and secondary, wet disc, hydraulic; parking, hydraulic -released, spring -applied Throttle lock Transmission: 8 -speed planetary powershift, ECPC control, APECS software, programmable top gear selection, transmission hold, differential lock, guard — power train, ground speed control, machine speed limit POWER TRAIN — SCRAPER Cat C15 Cat engine brake Electric start, 24V Fan, mechnical drive Ground level engine shutdown Starting aid, ether Braking system: primary and secondary, wet disc, hydraulic; 8 -speed planetary powershift, ECPC control, guard — power train, APECS software, programmable top gear selection, transmission hold ELECTRICAL — TRACTOR Alternator, 115 amp Batteries (4), 12V, 1,000 CCA, maintenance free Electrical system, 24V Turn signals with hazard function Starting/charging receptacle ELECTRICAL — SCRAPER Alarm, backup Batteries (4), 12V, 1,000 CCA, maintenance free Lighting system: headlights - halogen, turn signals with hazard functions - LED, floodlights, (2) cutting edge and (1) bowl, side vision - halogen Starting/charging receptacle ✓ Standard Optional OPERATOR ENVIRONMENT — TRACTOR HVAC system, heat, AC, defrost Thermostat control of HVAC system Coat hook Lunchbox platform with holding strap Diagnostic connection (2) 12V power ports (2) Differential lock (1) Dome courtesy light Horn, electric T -handle implement control Radio ready ROPS/FOPS cab, pressurized Keypad switches: rear engine start; throttle lock; wipers/washers; hazard lights; worklights on, off; information mode; messenger display; safety tab rocker switches, parking brake Seat belt, static two-piece Windows, sliding Windows, laminated, zipped in Windshield wipers, front and rear windows, includes washers Door lock Messenger display gauges, warnings include: coolant temp; engine oil temp; hydraulic oil temp; DPF temp; fuel level; park brake; implement lockout; brake system, regeneration required; throttle lock; system voltage; secondary steering; bail down; differential lock; apron float; transmission hold; high beam lights; action lamp; engine speed, rpm; gear selection; DPF fill levels Powered access ladder Safety tab rocker switches Seat — Cat Advanced Ride Management (ARM), Cat Comfort Series III, rotates 30 degrees Steering wheel, tilt, telescoping, padded Windows, right side emergency egress Messenger display FLUIDS Extended life coolant to -37° C (-34° F) 9 651 Wheel Tractor -Scraper Standard & Optional Equipment 1 Standard & Optional Equipment =Ir Standard and optional equipment may vary. Consult your Cat dealer for details. Standard Optional OTHER STANDARD EQUIPMEMT - TRACTOR Accumulators (brake and cushion hitch) with Canadian Registration Number (CRN) Fast oil change Vandalism locks Steering locks Heater, engine coolant 120V Cushion push plate/bail — standard open bowl only OTHER STANDARD EQUIPMEMT - SCRAPER Bowl Fast oil change Vandalism locks Rear hook/radiator guard - standard open bowl only Guard, overflow - standard open bowl only Heater, engine coolant 120V Hydraulic position sensing cylinders (bowl lift and apron) Standard Optional OTHER ATTACHMENTS Camera arrangement - Work Area Vision System (WAYS) Cab beacon Air horn Air horn and beacon ✓ Wiring group STEERING ARRANGEMENTS Secondary steering (ground driven) INTEGRATED TECHNOLOGIES Cat Production Measurement ✓ Product LinkTM ✓ Sequence Assist with Payload Estimator SERVICE INSTRUCTIONS Film arrangement - U.S. (ANSI) ✓ Film arrangement — International (ISO) 651 Environmental Declaration The following information applies to the machine at the time of final manufacture as configured for sale in the regions covered in this document. The content of this declaration is valid as of the date issued; however, content related to machine features and specifications are subject to change without notice. For additional information, please see the machine's Operation and Maintenance Manual. For more information on sustainability in action and our progress, please visit https://www.caterpillar.com/en/company/sustainability. Engine • The Cat® C18 engine meets U.S. EPA Tier 4 Final and EU Stage V emission standards.. • Cat diesel engines are required to use ULSD (ultra -low sulfur diesel fuel with 15 ppm of sulfur or less) or ULSD blended with the following lower -carbon intensity fuels up to: ✓ 20% biodiesel FAME (fatty acid methyl ester)* ✓ 100% renewable diesel, HVO (hydrotreated vegetable oil) and GTL (gas -to -liquid) fuels Refer to guidelines for successful application. Please consult your Cat dealer or "Caterpillar Machine Fluids Recommendations" (SEBU6250) for details. *Engines with no aftertreatment devices can use higher blends, up to 100% biodiesel (for use of blends higher than 20% biodiesel, consult your Cat dealer). Air Conditioning System • The air conditioning system on this machine contains the fluorinated greenhouse gas refrigerant R134a (Global Warming Potential = 1430). The system contains 2.0 kg (4.4 lb) of refrigerant which has a CO2 equivalent of 2.86 metric tonnes (3.153 tons). Paint • Based on best available knowledge, the maximum allowable concentration, measured in parts per million (PPM), of the following heavy metals in paint are: — Barium < 0.01% — Cadmium < 0.01% — Chromium < 0.01% — Lead < 0.01% Sound Performance Sound Level Test Method Operator Sound Pressure Level 77 dB(A) "ISO 6396:200r' uivalent Sound Pressure Level (Leq) 177 dB(A) "ANSI/SAW J1166 FEB 2009" t2) • Hearing protection may be needed when operating with an open operator station and cab (when not properly maintained or doors/ windows open) for extended periods or in a noisy environment. 0) The measurement was conducted at 100% of the maximum engine cooling fan speed. The sound level may vary at different engine cooling fan speeds. The measurement was conducted with the cab doors and the cab windows closed. The cab was properly installed and maintained. (2) This is a work cycle sound exposure level. The measurement was conducted with the cab doors and the cab windows closed. The cab was properly installed and maintained. Oils and Fluids • Caterpillar factory fills with ethylene glycol coolants. Cat Diesel Engine Antifreeze/Coolant (DEAC) and Cat Extended Life Coolant (ELC) can be recycled. Consult your Cat dealer for more information. • Cat Bio HYDO'T Advanced is an EU Ecolabel approved biodegradable hydraulic oil. Additional fluids are likely to be present, please consult the Operations and Maintenance Manual or the Application and Installation guide for complete fluid recommendations and maintenance intervals. Features and Technology • The following features and technology may contribute to fuel savings and/or carbon reduction. Features may vary. Consult your Cat dealer for details. — Ground speed control helps lower fuel burn by allowing the operator to set the desired top speed and the machine will find the optimal gear for the engine and transmission — Optional Cat® Load Assist helps you avoid excessive fuel burn and greenhouse gas emissions from inexperienced operators by automating bowl loading with the push of a button — Optional Sequence Assist automates repetitive tasks, such as loading, hauling and dumping, to help reduce operator fatigue and rework caused during manual operation and to help reduce fuel burn and greenhouse gas emissions — Advanced Productivity Electronic Control System (APECS) allows the engines and transmission to communicate on a high level to better utilize the power and torque — Optional Cat Grade Control helps operators of all skill levels avoid costly rework, wasteful fuel burn and greenhouse gas emissions to execute the design plan with greater speed and accuracy. — On -demand hydraulic fan helps reduce fuel consumption and under -hood heat for longer component life — Improve jobsite efficiency with lower operating costs with Product Link'' and VisionLink® insights 11 Al PROCONVE HOMOLOGADO For more complete information on Cat products, dealer services, and industry solutions, visit us on the web at www.cat.com. Materials and specifications are subject to change without notice. Featured machines in photos may include additional equipment See your Cat dealer for available options. © 2022 Caterpillar. All Rights Reserved. CAT, CATERPILLAR, LET'S DO THE WORK, their respective logos, Product Link, "Caterpillar Corporate Yellow", the "Power Edge" and Cat "Modern Hex" trade dress as well as corporate and product identity used herein, are trademarks of Caterpillar and may not be used without permission. AEXG3297 -01 (11-2022) Build Number: WSJ (Global except Jpn and China) CAT" NOISE REPORT ‘PB To: Weld County From: Baseline Corporation Date: June 6, 2023 Re: Korwell Dirt USR — Parcel ID 105725000016 OVERVIEW This noise report is prepared to accompany the USR application for Korwell Dirt at Parcel ID 105725000016. This report provides an overview of the anticipated noise associated with this site. The site is located NE of the intersection of WCR 35 and WCR 40. The proposed use is for a soil mine to be used at neighboring oil and gas sites. No structures are anticipated with this development. BACKGROUND NOISE DATA The proposed mine is in an Agriculturally Zoned area within Weld County. The maximum permissible noise levels Table from Weld County Code Section 14-9-40 is below for reference. Land Use Maximum 7:00 a.m. Noise - 9:00 (dB(A)) p.m. Maximum 9:00 p.m. Noise - 7:00 (dB(A)) a.m. Residential Property or Commercial Area 55 50 Industrial Area or Construction Activities 80 75 Non specified Areas 55 50 CURRENT NOISE IMPACTS The area is an active farm, which typically includes tractors, semi -trucks, and farm machinery. Farming runs close to year-round, as a result tractors continuously run within 50 feet of the property line. Additionally, the dry corners of the site contain oil and gas appurtenances that occasionally see truck traffic. Equipment Noise Level Table Equipment Level (dB(A) Tractor 100-120 Loader/Dozer 80-115 Combine/Harvester 85-90 Scraper 84 Source: littps://www.nrc.govidocs/ML1805/ML18059A141.pdf FUTURE NOISE IMPACTS As noted in the table above, tractors, combines and harvesters have very similar noise levels to the scrapers and loaders that will be utilized. Additionally, the miner intends to mine soil approximately 1-1.5 feet deep which should reduce the noise impact from using the equipment further. The mining area is also positioned approximately 80' from the western property line, which is closest to neighboring residences, to reduce any potential noise. Additional ways to mitigate noise is to keep equipment well maintained and install mufflers when necessary. The miner intends to use these methods, as well as reasonable hours of operation to reduce noise impacts to surrounding property owners. Sincerely, Will Charles, AICP — Principal Planner Baseline Engineering TRAFFIC IMPACT STU DY 1PB To: Weld County From: Baseline Corporation Date: September 11, 2023 Re: Korwell Dirt USR — Parcel ID 105725000016 OVERVIEW This traffic generation memo is prepared to accompany the USR application for Korwell Dirt at Parcel ID 105725000016. This memo provides an overview of the anticipated traffic generation associated with this site. The site is located NE of the intersection of WCR 35 and WCR 40. The proposed use is for a soil mine to be used at neighboring oil and gas sites. No structures are anticipated with this development. L er,/÷` s N (pa g' 9J 12� , :6 39820 7 BACKGROUND Traffic access: The site is anticipated to be accessed off WCR 35. This location would provide the greatest separation between the access point and nearby residential property owners. Operational equipment: No structures are anticipated with this development. A Scraper and Loader will be on -site to mine the top soil, stockpile, and load the trucks for removal. Dump trucks with a carrying capacity of approximately 10 tons will be used to carry the soil off site. Duration: The top soil mine is only anticipated to be in commission for 4-6 years. At which time, the traffic of the site is anticipated to return to levels that are currently found on the site. TRIP GENERATION Operational Traffic: The following table summarizes the anticipated traffic generation numbers per day on the site. Traffic numbers are separated based on the operational phase with which they are associated. The proposed hours of operation are daylight hours, with an anticipated average of 20 truckloads per day. These trips are intended to be spread throughout the day with the maximum number on any given day not to exceed 30 trips. Per the request of neighboring property owners, trips will be limited to entering/exiting only from the North of the property. Additionally, the site will have a maximum of 3 employees on site at any given time. Table 1. Operational Traffic Trip Generation Summary Table Phase Maximum Employees/Trucks Daily (IN/Out) Average Vehicle Trips Daily Daily PCEs* Vehicle Average Daily Operation Employee Trips 3 employees/day 2 vehicle trips/day 2 PCE/day Semi -Truck Trips 30 trucks/day 20 trips/day truck 60 PCE/day Total Daily Trips 62 PCE/day *PCE = Passenger Car Equivalent. General Light Industrial (110) The weekday morning and evening peak hour rates are calculated during the traditional commuting peak hours of the adjacent street traffic (that is, 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m.). Trip numbers provided by Korwell show a total average of 20 daily trips. 100% of traffic will enter or leave along WCR 35, with 100% of traffic heading North, to Oil & Gas appurtenances on nearby sites. Using the newest trip generation methods and information provided by Korwell, the proposed top soil mine will generate an additional 20 round trips. The increase in vehicular traffic along WCR 35 due to this project will not affect the current level of service for nearby streets and intersections. Based on the information provided in this narrative, the proposed top soil mine will not negatively impact nearby traffic patterns in any way. The 11th edition ITE Manual predicts less trips than the information provided by Korwell. Therefore, the numbers provided by Korwell shall be used for this analysis. TRAFFIC HOURS Traffic associated with the site will be spread over daylight hours. Traffic will not be restricted to just one period of the day. The number of trucks accessing the site will depend on Top -Soil demands. Korwell estimates an average daily trip amount of 20 trucks per day. The greatest number of trips is expected to occur in the AM peak hour. ACCESS The new access will be located slightly over al/4 mile north of the intersection of WCR 35 and WCR 40. WCR 35 is a rural gravel surface County Road. TRIP DISTRIBUTION Direction of traffic will generally depend on the location of the Oil & Gas site ordering the top -soil. These trips will begin by heading North, and then generally these trips are anticipated to be roughly split 50/50 West and East along WCR 42. The operation will require magnesium chloride applications at an appropriate interval to mitigate dust. Once on 42 the trips will be dispersed along the routes to the project sites which may include trips on to HWY 85 depending on distance. All trips are anticipated to be located within the boundaries of Weld County. CONCLUSION The use of the site and associated traffic is consistent with uses permitted in this area. The intersection of WCR 35 and WCR 40 has adequate line of site for proposed traffic volumes. In addition the limited trip lengths are not likely to cause traffic volume concerns. Land Use: 110 General Light Industrial Description A light industrial facility is a free-standing facility devoted to a single use. The facility has an emphasis on activities other than manufacturing and typically has minimal office space. Typical light industrial activities include printing, material testing, and assembly of data processing equipment. Industrial park (Land Use 130) and manufacturing (Land Use 140) are related uses. Additional Data The technical appendices provide supporting information on time -of -day distributions for this land use. The appendices can be accessed through either the ITETripGen web app or the trip generation resource page on the ITE website (https://www.ite.org/technical-resources/topics/trip- and-parking-generation/). The sites were surveyed in the 1980s, the 2000s, and the 2010s in Colorado, Connecticut, Indiana, New Jersey, New York, Oregon, Pennsylvania, and Texas. Source Numbers 106, 157, 174, 177, 179, 184, 191, 251, 253, 286, 300, 611, 874, 875, 912 30 Trip Generation Manual 11th Edition • Volume 3 itar General Light Industrial (110) Vehicle Trip Ends vs: Employees On a: Weekday Setting/Location: General Urban/Suburban Number of Studies: 37 Avg. Num. of Employees: 71 Directional Distribution: 50% entering, 50% exiting Vehicle Trip Generation per Employee Average Rate Range of Rates Standard Deviation 3.10 1.53 - 23.50 1.81 Data Plot and Equation •rtir General Urban/Suburban and Rural (Land Uses 000-399) 39 General Light Industrial (110) Vehicle Trip Ends vs: Employees On a: Weekday, AM Peak Hour of Generator Setting/Location: General Urban/Suburban Number of Studies: 41 Avg. Num. of Employees: 76 Directional Distribution: 85% entering, 15% exiting Vehicle Trip Generation per Employee Average Rate Range of Rates Standard Deviation 0.69 0.23 - 4.00 0.30 Data Plot and Equation 42 Trip Generation Manual 11th Edition • Volume 3 itar General Light Industrial (110) Vehicle Trip Ends vs: Employees On a: Weekday, PM Peak Hour of Generator Setting/Location: General Urban/Suburban Number of Studies: 41 Avg. Num. of Employees: 76 Directional Distribution: 31% entering, 69% exiting Vehicle Trip Generation per Employee Average Rate Range of Rates Standard Deviation 0.69 0.36 - 4.25 0.30 Data Plot and Equation •rtir General Urban/Suburban and Rural (Land Uses 000-399) 43 TRAFFIC NARRAThJE ‘PB To: Maxwell Nader — Weld County Planning Department From: Will Charles — Baseline Engineering Date: 3/15/2023 Re: Traffic Narrative — Korwell Dirt — Parcel ID 105725000016 OVERVIEW This traffic generation memo is prepared to accompany the USR application for Korwell Dirt at Parcel ID 105725000016. This memo provides an overview of the anticipated traffic generation associated with this site. BACKGROUND The site is located NE of the intersection of WCR 35 and WCR 40. The proposed use is for a soil mine to be used at neighboring oil and gas sites. No structures are anticipated with this development. TRIP GENERATION The proposed hours of operation are daylight hours, with an anticipated average of 120 truckloads per day. These trips are intended to be spread throughout the day with the maximum number on any given day not to exceed 200 trips. Trips are anticipated to be split 50% North and 50% South leaving the site along WCR 35. CONCLUSION The USR does not significantly change the traffic impacts of allowed uses. The proposed trip generation of this site shouldn't create any hazards or conflicts to the existing road conditions in this area. Sincerely, Baseline Engineering Corporation Will Charles, AICP Principal Planner 1 4 May 2, 2023 COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources Craig Rasmuson Korwell Land Holdings, LLC P.O. Box 337282 Greeley, CO 80633 Re: Korwell Dirt — File No. M-2022-034 Korwell Land Holdings, LLC 112c Construction Materials Reclamation Permit Issuance Dear Craig Rasmuson: On May 2, 2023 the Division of Reclamation, Mining and Safety (Division) found Korwell Land Holdings, LLC to have satisfied the applicable requirements of the Colorado Mined Land Reclamation Act for the Extraction of Construction Materials, C.R.S. 34 32.5 101 et seq. for obtaining a mining and reclamation permit. Two signed originals of the permit have been executed. We have kept one copy for our files and are enclosing one copy for your use. It is your responsibility to comply with all of the terms of the permit. 1. All of the original application materials, as amended and supplemented, are an integral part of your permit and are incorporated into the permit by reference. We presume that you have a copy of all of these materials; therefore, none have been enclosed with this mailing. We suggest that you keep a copy of the permit and the permit application at the mining operation as a reference for operating personnel to help ensure compliance with the terms of the permit. 2. Changes in the mining and reclamation operations that differ from those described in the permit may require a modification to the permit. We suggest consulting the Construction Material Rules and Regulations and/or contacting us to determine if a revision to the permit is necessary. Rule 1.10 pertains to Amendments, Rule 1.9 to Technical Revisions, and Rule 1.11 to Conversions. 3. On your permit anniversary date each year, May 2, you must submit an annual fee and an annual report to the Division. The annual fee for this permit is $791.00. Please consult the Act, Rules and Regulations, and your permit for specific annual report requirements applicable to your mine. Annual reports, maps, and fees must be filed electronically using the Division's ePermitting portal. If you have not done so already, you will need to sign up for electronic filing of your annual report, map, and fee by visiting the Division's web site (https://drms.colorado.gov) clicking on `ePermitting' on the `Information' page, and then clicking on the 'Sign up For Minerals Annual Report Electronic Filing' link. physical Address: 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 maiung Address: DRMS Room 215,1001 E 62nd Ave, Denver, CO 80216 httm: / /dnns.celorado. eor Jared S. Polls, cmitmal, Dan Gibbs, Executive Director 1 Virginia Brannon, Director If you have any questions, please contact Peter S. Hays by telephone at (303) 866-3567 x 8124, or by email at Peter.hays@state.co.us. Sincerely, Virginia Brannon Division Director Enclosure re' 4 COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources MINING AND RECLAMATION PERMIT CONSTRUCTION MATERIAL MINING OPERATIONS Permit Number: M-2022-034 Type of Permit: 112c Permit Date: May 2, 2023 (Anniversary date for annual report and fees purposes) THIS PERMIT is issued by the Mined Land Reclamation Board, Department of Natural Resources, State of Colorado. RECITALS A. The Permittee, Korwell Land Holdings, LLC, desires to conduct a mining operation known as Korwell Dirt, for the purpose of extracting Borrow material for construction. Unless this permit is modified or a separate permit is issued to cover the mining and/or recovery of other minerals or extractive products, the Permittee will not mine or recover any other commodities at this site. B. On February 24, 2023 the Mined Land Reclamation Board (Board) approved the Permittee's application for this permit, fixed the amount of the financial warranty and directed that this permit be issued upon the filing with the Division of Reclamation, Mining and Safety (Division) of performance warranty and financial warranty (or warranties) in the amount so fixed in form and substance approved by the Division. Said warranties have been filed with the Division. C. If the Permittee desires to extract materials other than those listed in (A), a separate permit or a permit modification may be required. D. On February 24, 2023 the Board made the following findings: 1. The application for this permit complies with the requirements of the Colorado Mined Land Reclamation Act for the Extraction of Construction Materials, C.R.S. 34 32.5 101 et seq., as amended, and with all applicable local, state and federal laws; 2. The operation will not adversely affect the stability of any significant, valuable, and permanent man made structure located within two hundred feet of the Affected Land, except where there is an agreement between the Operator and the persons having an interest in the structure that damage to the structure is to be compensated for by the Permittee or if such an agreement cannot be reached, an engineering analysis establishes no damage will occur to the structure to the satisfaction of the Division; and; 3. The proposed mining and reclamation operations can be carried out in conformance with the requirements of the Act, and the Construction Material Rules and Regulations. [1] E. The Permittee has made a showing satisfactory to the Board that: 1. It will employ, during and after its underground mining and/or surface operations, procedures designed to minimize environmental disturbance from such operation; 2. It will provide for reclamation of the Affected Lands appropriate to the subsequent beneficial use of such lands; and 3. In the event of the failure of its proposed reclamation plan, it will take whatever measures may be necessary to assure the success of reclamation of the lands affected by such operations in accordance with the Act. F. A copy of the Permittee's application, as amended and supplemented, has been approved by the Board and is, by this reference, incorporated herein. G. The issuance of this permit does not relieve the Permittee from having to comply with all applicable Federal, State and County statutes, including State water law. GRANTS, CONDITIONS AND AGREEMENTS The Board, in reliance upon the representations and promises made in the permit application, as amended and supplemented, and the performance warranty, hereby issues a life of the mine permit to the Permittee, to engage in the operations described in the application on certain lands lying in the County of Weld, State of Colorado. These lands are described in the permit application, as amended and supplemented, and are referred to herein as the "Affected Lands". This permit is issued subject to the following conditions and agreements: 1) The Permittee will be bound by all applicable requirements of the Act, and all applicable rules and regulations of the Board, as amended from time to time, the terms of the permit application, the terms of the performance warranty, and the terms of the financial warranty filed with the Division. 2) The Permittee will file with the Division its annual report and fees on each anniversary date of this permit. 3) If analyses of the mining and reclamation operation and the data collected through monitoring and experimentation by the Permittee or monitoring by the Division indicate that the operation will not be able to comply with the requirements of the Act and applicable rules and regulations of the Board, the Permittee hereby agrees to exercise its best efforts, after consulting with the Division, to modify the plans to correct such deficiencies in the future. Such modifications may require technical revisions or amendments to the permit. 4) The Board or its authorized representative may enter upon the lands of the permitted operation at all reasonable times for the purpose of inspection to determine whether the provisions of the Act, Rules and Regulations, and permit have been complied with pursuant to C.R.S. 34-32.5-121. 5) This permit may be revoked or suspended for non-compliance with the Act or applicable rules or regulations promulgated by the Board, the permit, or by violation of a Board Order. 6) a) Pursuant to 34-32.5-118(5) of the Act, the Board has a right of entry to reclaim the lands affected by the operation or to respond to an emergency as defined by C.R.S. 34-32.5-121(2). [2] b) The Board will enter the lands to perform reclamation only if the Board has determined that: i. Reclamation required by the permit, statute, or regulations to be performed upon such lands has not been performed, or ii. Financial warranty forfeiture proceedings described in the Act or similar provisions of subsequent laws, if any, have been initiated. c) The Division, acting for the Board, will enter lands to respond to an emergency only where the Division determines that any of the conditions of Construction Materials Rule 8.4.2 exist. 7) The additional conditions set forth in the attached rider, i f any, are incorporated herein by reference. a) Rider is attached. XX b) No rider is attached. MINED LAND RECLAMATION BOARD COLORADO DEPARTMENT OF NATURAL RESOURCES etVirginia Brannon Division Director [3] Global Banking Group 1620 Dodge Street Omaha, NE 68197-1,096 1,888,464.7804 SWIFT: FNBOUS44 IRREVOCABLE LETTER OF CREDIT THE FIRST NATIONAL BANK OF OMAHA STREET: ATTN: INTERNATIONAL DEPT., 1620 DODGE STREET, SC 1096 CITY: OMAHA STATE: NEBRASKA ZIP CODE: 68197-1096 AREA CODE: N/A TELEPHONE: 888-464-7804 BENEFICIARY: STATE OF COLORADO MINED LAND RECLAMATION BOARD 215 CENTENNIAL BUILDING 1313 SHERMAN STREET DENVER, COLORADO 80203 LETTER OF CREDIT NUMBER: STB23200025 AMOUNT U.S. $241,604.00 DATE OF ISSUANCE: APRIL 18, 2023 INITIAL EXPIRATION DATE: APRIL 18, 2024 APPLICANT: KORWELL LAND HOLDINGS LLC STREET:12535 COUNTY ROAD 2 CITY: BRIGHTON STATE: COLORADO ZIP CODE: 80603 AREA CODE: 970 TELEPHONE: 302-2994 GENTLEMEN: WE HEREBY ISSUE AND ESTABLISH OUR IRREVOCABLE LETTER OF CREDIT, THE AMOUNT OF WHICH IS AVAILABLE BY BENEFICIARY'S DRAFT OR DRAFTS DRAWN UPON US, WHICH SHALL BE PAID AT SIGHT, WHEN ACCOMPANIED BY THE FOLLOWING DOCUMENT: A WRITTEN STATEMENT OF THE DIRECTOR ("THE DIRECTOR") OF THE DIVISION OF RECLAMATION, MINING AND SAFETY OF THE STATE OF COLORADO ("THE DIVISION") CERTIFYING THAT HE IS A DULY AUTHORIZED OFFICIAL ACTING ON BEHALF OF THE STATE OF COLORADO AND THAT THE AMOUNT OF THE ACCOMPANYING SIGHT DRAFT IS DUE AND PAYABLE TO THE STATE OF COLORADO PURSUANT TO APPLICABLE PROVISIONS OF COLORADO STATUTES GOVERNING MINED LAND RECLAMATION AND THAT KORWELL LAND HOLDINGS LLC OR ITS SUCCESSOR HAS NEGLECTED, FAILED, OR REFUSED TO PAY SUCH AMOUNT ALTHOUGH REQUESTED TO DO SO BY THE DIRECTOR. EACH SIGHT DRAFT SO DRAWN AND PRESENTED SHALL BE HONORED BY US IF PRESENTED PRIOR TO THE CLOSE OF BUSINESS ON THE EXPIRATION DATE OF THIS LETTER OF CREDIT. THE BANK SHALL MAKE A PAYMENT BY WIRE TRANSFER TO THE BENEFICIARY. Page 1 of 2 "VV 5k.. •i' Y. Y. 21 � re; r a ! = ri i 's. �• s' t i r. w«? Global Banking Group 1620 Dodge Street Omaha, NE 68197--1096 1.888.464.7804 SWIFT: FNBOUS44 Date: APRIL 18, 2023 Our Reference No: ST823200025 THIS CREDIT REFERS TO KORWELL LAND HOLDINGS LLC'S APPLICATION FOR A PERMIT TO ENGAGE IN MINING AND RECLAMATION ACTIVITIES WITHIN THE STATE OF COLORADO. IT IS AN EXPRESS CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE ADDITIONAL PERIODS OF ONE YEAR EACH, FROM THE INITIAL AND EACH FUTURE EXPIRATION DATE UNLESS THE FIRST NATIONAL BANK OF OMAHA ("THE BANK") SHALL NOTIFY THE DIRECTOR AT LEAST 90 DAYS PRIOR TO AN EXPIRATION DATE IN WRITING BY CERTIFIED MAIL, AT THE ABOVE ADDRESS, THAT THE BANK ELECTS NOT TO EXTEND THE CREDIT FOR SUCH ADDITIONAL PERIOD. IN SUCH EVENT, IN ADDITION TO HIS POWER TO DRAW HEREON UNDER THE PRECEDING PARAGRAPHS, THE DIRECTOR MAY DRAW THE FULL OR ANY LESSER AMOUNT HEREOF AT ANY TIME PRIOR TO SUCH EXPIRATION DATE BY SIGHT DRAFT, OR DRAFTS, ACCOMPANIED BY THE WRITTEN STATEMENT OF THE DIRECTOR CERTIFYING THAT THE AMOUNT DRAWN WILL BE HELD AS A CASH DEPOSIT IN LIEU OF FINANCIAL WARRANTY, AS PROVIDED IN APPLICABLE COLORADO STATUTES GOVERNING MINED LAND AND RECLAMATION. THE ORIGINAL SIGNED LETTER OF CREDIT AND ANY AMENDMENTS WILL BE PRESENTED TO THE BANK BY THE BENEFICIARY ALONG WITH ANY DRAFT PRESENTED PURSUANT TO THIS LETTER OF CREDIT, AND WILL BE SURRENDERED TO THE BANK WITH ANY DRAFT WHICH DRAWS THE FULL AMOUNT, OR THE BALANCE REMAINING AVAILABLE, UNDER THIS LETTER OF CREDIT. DELIVERY OF THE ORIGINAL LETTER OF CREDIT, SIGHT DRAFT (S) AND ALL OTHER DOCUMENTS REQUIRED AS A CONDITION PRECEDENT FOR PAYMENT, MAY BE MADE BY OVERNIGHT COURIER TO THE BANK. EACH PAYMENT ON A DRAFT SHALL REDUCE THE AGGREGATE ABOVE WRITTEN AMOUNT BY THE AMOUNT DRAWN. THIS LETTER OF CREDIT IS SUBJECT TO UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (2007 REVISION), INTERNATIONAL CHAMBER OF COMMERCE - PUBLICATION NO. 600 (THE "UCP600") AND SHALL BE GOVERNED BY THE LAWS OF THE STATE OF COLORADO WITH RESPECT TO SUBJECT MATTERS NOT ADDRESSED BY THE UCP600. IN THE EVENT OF AN ACTION BETWEEN THE BENEFICIARY AND THE BANK REGARDING THIS LETTER OF CREDIT, THE BANK SUBMITS TO THE JURISDICTION AND VENUE OF THE DENVER DISTRICT COURT, STATE OF COLORADO. THE BANK AGREES TO ACCEPT SERVICE OF PROCESS IN ANY SUCH ACTION, IF SERVICE IS MADE BY REGISTERED OR CERTIFIED MAIL (RETURN RECEIPT REQUESTED) OR COURIER SERVICE, POSTAGE OR DELIVERY FEE PREPAID, TO THE ADDRESS OF THE BANK SET FORTH ABOVE. IF ANY EXPIRATION DATE SPECIFIED HEREIN SHALL FALL UPON A DAY OTHER THAN A REGULAR BUSINESS DAY OF THE BANK, THE EXPIRATION DATE SHALL IPSO FACTO BE EXTENDED TO THE CLOSE OF BUSINESS ON THE NEXT SUCCESSIVE BUSINESS DAY OF THE BANK. THE FIRST NATIONAL BANK OF OMAHA ' r AA BY C. 4 . !f ;�1/1:�; 9'` \ ry JENNI FE,) WI LLIAMS I 1 DATE /..mnI ;1 '� + I L Page 2 of 2 viii it-HiWIJ STATE OF COLORADO MINED LAND RECLAMATION BOARD First National Bank Global Banking Group 1620 Dodge Street, Omaha, NE 68197-1096 (U.S.A.) PHONE: 888-464-7804 • FAX (402) 602-3554 • SWIFT: FNBOUS44 Please issue an Irrevocable Letter of Credit as set forth below and forward same by: Li Courier ❑ Full SWIFT for delivery to the beneficiary by the advising bank Irrevocable Standby Letter of Credit Application Application Date: MARCH 29, 2023 In issuing the credit you are expressly authorized to make such changes from the terms and conditions of this a lica i your sole discretion, may deem advisable provided no such changes shall vary the principal terms hereof. PP ton as you, in ADVISING BANK: FOR ACCOUNT OF (APPLICANT): KORWELL LAND HOLDINGS LLC PO BOX 337282 GREELEY, CO 80633 PHONE:970-302-2994 IN FAVOR OF (BENEFICIARY): AMOUNT: USDZ41,604,0Q 215 CENTENNIAL BUILDING 1313 SHERMAN STREET DENVER, CO 80203 t/ OR • Is there preferred wording provided by the beneficiary? Expiration Date: ONE YEAR FROM ISSUANCE Location (If not at the issuing bank): ® If yes, a copy of the preferred ' wording must be attached to this application for approval Use standard bank language with the following: [] Beneficiary contact name and number if necessary for us to negotiate language changes: This Letter of Credit will be available by drafts at sight drawn on First National Bank, 1620 Dodge Street, Omaha NE 68197- 1096 — Attn: Global Banking when accompanied by the document(s) indicated below: ❑ Beneficiary's signed statement, reading as follows: (quote) ❑ Other documents (unquote). [] Other instructions/information elk Add standard auto renewal clause [] 3O ❑ 60 ® 90 with 3O/60/9O day notice ❑ Other ❑ Final Expiration Date: The following questions must be completed: ►,4 What is the underlying transaction for this letter of credit? PERMIT TO ENGAGE IN MINING AND RECLAMATION ACTIVITIES WITHIN THE STATE OF COLORADO What will constitute a default? What will cause the beneficiary APPLICANT NEGLECTED, FAILED OR REFUSED TO PAY to draw under the letter of credit? FUNDS OWED TO STATE OF COLORADO PURSUANT TO APPLICABLE PROVISIONS OF COLORADO STATUES GOVERNING MIND LAND RECLAMATION ❑ COMMITMENT FEE — INDICATE RATE: 2% ($25O min) ❑ INDICATE DDA: 41376199196 FCl Transaction fees of $40015405 will be charged at time of issuance (Issuance $250, Processing $125, Courier $25 or SWIFT $30); An auto renewal fee of $100 will be charged on the anniversary date each year. All fees are for the account of the applicant and are charged annually or quarterly, start of period; Upon cancellation or expiration, a debit to the customer's account will be made for all outstanding fees. #N7,ERNAL JRP SES'OfVLY.r' ❑: Hon=f~iriancial 3f P LCF'retkEOA ,_... �.:.,.. ... ,..... NIA'1ti�CE. ..�,]`tiF#nar��fa1��20C�)'L�F�FxNANCiA,I THIS APPLICATION IS MADE PURSUANT TO THE CONTINUING LETTER OF CREDIT AGREEMENT EXECUTED BY YOU AND DELIVERED TO THE ISSUING BANK, THE PROVISIONS OF WHICH ARE HEREBY MADE APPLI A LIE Tq 5 APPLICATION AND CREDIT, KORWELL LAND HOLDINGS LLC (APPLICANT) (AUTHOTI D -SIGNATURE) (AUTHORIZED SIGNATURE) IN CONSIDERATION OF APPLICANT'S MAKING OF THE ABOVE APPLICATION, THE UNDERSIGNED AGREES WITH THE APPLICANT TO FULFILL THE OBLIGATIONS OF APPLICANT UNDER SAID APPLICATION AND THE CONTINUING LETTER OF CREDIT AGREEMENT. FIRST NATIONAL BANK OF OMAHA (BANK) JEREMY EHARDT, VICE PRESIDENT, COMMERCIAL BANKING FNBO ACCOUNT OFFICER APPROVAL, TITLE (AUTHORIZED SIGNAT-U #, (A 1. Hfl$2 pghi6TU R E ) 7 The credit will be issued subject to International Standby Practices ISP9E'unless otherwise required and approved by Global Banking g First National Bank PROMISSORY NOTE AND CONTINUING LETTER OF CREDIT AGREEMENT TO; First Nsttionnl Bank of Omaha Global Banking Group 1620 Dodge St Omaha, NE 68197 -II 11 In consideration of the issuance of one or more Credits (as defined below) by Bank (as defined below) from time to time substantially in accordance with Applications (as defined below) therefor, as the same may be amended with the agreement or consent of Applicant (as defined below) and Bank, Applicant and Bank hereby agree that, except as Applicant and Bank shall otherwise specifically agree in writing in each instance, the Terms and Conditions hereinafter set forth shall apply to each such Application and to each letter of credit issued by Bank pursuant to such Application. TERMS AND CONDITIONS In these provisions: 1) "Agreement" means this Promissory Note and Continuing Letter of Credit Agreement, as amended or supplemented, 2) "Applicant" means, jointly and severally, the Person executing this Agreement as "Applicant" and each other Person who applies for a Credit or for whose account it is issued and includes, without limitation (a) a Person applying in its own name (or as agent) but for the account of another person or (b) an issuer acting for its own account, together with its or their respective successors and assigns. 3) "Application" means each application in a form prescribed by Bank executed by Applicant for the issuance by Bank of a Credit, as such application may be amended or modified time to time in accordance with the terms thereof with the written or oral agreement or consent of' Applicant. 4) "Bank" means First National Bank of Omaha, together with its successors and assigns. 5) "Business Day" means a day, other than a Saturday or Sunday, on which banks are generally open for business in Omaha, Nebraska. 6) "Credit" means a letter of credit issued by Bank, as amended or modified with the consent of the Applicant. 7) "Drawing" means any drawing, draft, presentation or demand under a Credk, 8) "Instrument" means, with respect to each Credit, any document required to be delivered to Bank in connection with a Drawing as specified in such Credit or the related Application. 9) "ISP" means the International Standby Practices (1SP98) promulgated by the Institute for International Banking Law and Practice and the International Chamber of Commerce ("ICC"), ICC Publication No. 590, and any subsequent revisions thereof approved by ICC's Commission on Banking Technique and Practice, or successor entity, and adhered to by Bank. 10) "Note" means the Business Promissory Note contained in Section 23 of this Agreement. I) "Person" means any individual, corporation, partnership, joint venture, association, joint stock company, trust, trustee, estate, limited liability company, unincorporated organization, real estate investment trust, government or any agency or political subdivision thereof, or any other form of entity. 12) "Property" means goods and merchandise and any and all documents applicable thereto, securities, funds, choses in action, and any and all other forms of property, whether real, personal or mixed and any right or interest therein. 13) "Security Agreement" means an agreement which creates or provides for a security interest, including, where applicable law provides therefor, a trust receipt as defined in and complying with such law. 14) "UCC" means the Uniform Commercial Code as in effect in the State of Nebraska or other applicable jurisdiction. 15) "UCP" means the Uniform Customs and Practice for Documentary Credits (2007 Revision), International Chamber of Commerce ("ICC"), ICC Publication No. 600, and any subsequent revision thereof approved by ICC's Commission on Banking Technique and Practice, or successor entity, and adhered to by Bank. In consideration of the issuance by Bank, upon Application by Applicant from time to time, at Bank's option, of one or more Credits, Applicant hereby agrees with Bank as follows with respect to each Credit: 1) Applicant will reimburse Bank, in immediately available funds in United States currency, the amount required to pay each Drawing. Such reimbursement, together with interest (determined as provided in Section 23 of the Agreement) from the date of payment by Bank of such Drawing to the date of receipt by Bank of full reimbursement thereof, shall be paid by Applicant (a) with respect to any Drawing that is a sight draft, upon demand, and (b) with respect to any Drawing that is a time draft, not later than one Business Day prior to maturity. If a Drawing is payable in currency that is not United States currency, reimbursement for such Drawing shall be the equivalent of such Drawing in United States currency, as determined by Bank's rate of exchange for purchase of the currency in which such Drawing is payable, determined on the date of reimbursement or of Bank's settlement of its obligation, as Bank may require, If, for any cause, on the date of reimbursement or settlement, as the case may be, there is no such rate of exchange generally current for Bank, Applicant will reimburse Bank or demand an amount in United States currency equivalent to Bank's actual cost of settlement of its obligation however or whenever Bank shall make such settlement, with interest from the date of settlement to the date of reimbursement. Applicant will comply with all governmental exchange regulations now or hereafter applicable to any Credit, any Instrument or Drawings and will pay Bank, on demand, in United States currency, such amounts as Bank may be required to expend on account of such regulations. 2) Bank may accept or pay any Drawing on any Credit presented to it, regardless of when drawn and whether or not negotiated, if the applicable Instruments and any transmittal advice are dated on or before the expiration date of such Credit. Although shipment(s) in excess of the quantity called for under such Credit are made, Bank may honor the applicable Instruments) in an amount or amounts not exceeding the amount of such Credit. Bank may honor, as complying %vith the terms of such Credit and of the Application therefor, any Instruments or other documents otherwise in order signed or issued by an administrator, executor, trustee in bankruptcy, debtor in possession, assignee for the benefit of creditors, liquidator, receiver or other legal representative of the party authorized under the Credit to draw or issue such Instruments or other documents. 3) In the event of any change or modification, with the consent of Applicant, relative to any Credit or any Instruments or other documents called for thereunder, including waiver of noncompliance of any such Instruments or documents with the terms of the Credit, this Agreement shall be binding upon Applicant with regard to the Credit as so changed or modified, and to any action taken by Bank or any of its correspondents relative thereto. October 2009 Page 1 of 5 4) Applicant and Bank agree that: (a) neither Bank nor its correspondents shall be responsible for: the validity or sufficiency of any endorsements; delay in giving or failure to give notice of arrival or any other notice; or failure of any Instrument to bear any reference or adequate reference to any Credit or of documents to accompany any Instrument at negotiation, or failure of any person to note the amount of any Drawing on the reverse of the Credit or to surrender or take up the Credit or to forward documents in the manner required by the Credit; (b) the occurrence of any one or more of the contingencies referred to in the UCP, ISP or in any of the clauses of this paragraph shall not affect, impair, or prevent the vesting of any of Bank's rights or powers hereunder or Applicant's obligation to make reimbursement; (c) Applicant will promptly examine (i) the copy of each Credit (and of any amendments thereof) sent to it by Bank and (ii) all Instruments and other documents delivered to it from time to time, and, in the event of any claim by Applicant of noncompliance with the applicable Application or other irregularity, will immediately (but in no event later than one Business Day after receipt) notify Bank thereof in writing, Applicant being conclusively deemed to have waived any such claim against Bank and its correspondents, unless such notice is given within one Business Day after receipt thereof by Applicant. Any action, inaction or omission on the part of Bank or any of its correspondents, under or in connection with any Credit or the applicable Instruments, documents or property, if in good faith and in conformity with such foreign or domestic laws, regulations or customs as Bank or any of its correspondents may deem to be applicable, shall be binding upon Applicant and shall not place Bank or any of its correspondents under any liability to Applicant Applicant agrees to reimburse Bank for, and hold Bank and its correspondents indemnified and harmless against, any and all claims, loss, liability, damage, costs and expenses, including reasonable counsel fees, arising from or in connection with this Agreement, any Instrument and any Credit, including any such claim, loss, liability or damage arising out of any (i) transfer, sale, delivery, surrender or endorsement of any bill of lading, warehouse receipt or other document at any time(s) held by Bank, or held for its account by any of its correspondents, in connection with any Credit and (ii) any proceedings to enjoin payment under any Credit, whether instituted by Applicant or another party. Applicant agrees that such reasonable counsel fees incurred by Bank shall include, without limitation, counsel fees incurred by Bank in connection with (1) determining whether to honor any Drawing under any Credit, (ii) interpreting any provision of this Agreement or any Credit, (iii) any dispute by or among Applicant, the beneficiary of any Credit or any other person with respect to Ibis Agreement, any Instrument or any Credit and (iv) reviewing the lbrm and content of any Application or any Instrument and any proposed amendments to this Agreement, any Credit or any Application. 5) Applicant will procure promptly any necessary import, export or other licenses for the import, export or shipping of the property shipped under or pursuant to or in connection with any Credit, and will comply with all foreign and domestic governmental regulations in regard to the shipment of such property or the financing thereof, and will furnish to Bank such certificates in that respect as Bank may at any titne(s) require, and will keep such property adequately covered by insurance in amounts, against risks and in companies satisfactory to Bank, and will furnish to Bank such certificates of insurance as Bank may at any time(s) require. As security for the Obligations (as defined below), Applicant hereby assigns and will assign to Bank all policies of insurance, and will make the loss or adjustment, if any, payable to Bank, at Bank's option, and will furnish Bank, on Bank's demand, with evidence of acceptance by the insurers of such assignment. Should the insurance upon such property for any reason be unsatisfactory to Bank, Bank may, at Applicant's expense, obtain insurance satisfactory to Bank. 6) As security for the payment and performance of any and all of Applicant's obligations and/or liabilities hereunder, absolute or contingent, and also for the payment and performance of any and all other obligations and/or liabilities, absolute or contingent, due or to become due, which are now, or may at any time(s) hereafter be owing by Applicant to Bank, or which are now or hereafter existing (collectively, the "Obligations"), Applicant hereby; grants to Bank the following collateral and assurances in connection with this Agreement: (a) grants a security interest in any and all (i) shipping documents, warehouse receipts, policies or certificates of insurance and other documents accompanying or applicable to Drawings under any Credit, (ii) property shipped under or pursuant to or in connection with any Credit, or in any way applicable thereto or to any of the instruments with respect thereto (whether or not such documents, goods or other property be released to or upon the order of Applicant under a security agreement or bailee receipt), and (iii) the proceeds of each and all of the foregoing, including, without limitation, insurance proceeds; (b) pledges to Bank and gives Bank a security interest in and right of set-off against, all right, title and interest of Applicant in and to any and all deposits (whether genera! or special, time or demand, provisional or final), now or at any time hereafter existing, of Applicant with Bank or any of its affiliates, and any other claims of Applicant against Bank, and in and to all property, claims and demands and rights and interests therein of Applicant, and in and to all evidences thereof, which have been or at any time shall be delivered to or otherwise come into Bank's possession, custody or control, or into the possession, custody or control of any of its agents or correspondents for account of Bank for any purpose, whether or not for the express purpose of being used by Bank as collateral security or for safekeeping or for any other or different purpose, Bank being deemed to have possession, custody or control of all such property actually in transit to or set apart for Bank or any of its agents, correspondents or others acting in its behalf, it being understood that the receipt at any time by Bank, or any of its correspondents, of other security, of whatever nature, including cash, shall not be deemed a waiver of any of Bank's rights or powers hereunder; (c) if any party shall have joined in the Application for the Credit as guarantor or co -obligor, Applicant assigns and transfers to Bank all right, title and interest of Applicant in and to all property and interests which Applicant may now or hereafter obtain from such party as security for the obligations of such party arising in connection with the transaction to which the Credit relates; (d) agrees at any time and from time to time, on demand, to deliver, convey, transfer or assign to Bank additional security of a value and character satisfactory to Bank, or to make such payment as Bank may require; and (c) grants a security interest in any collateral pledged or security interest granted to Bank by Applicant in any other security agreement in existence at any time. All the foregoing property of Applicant, together with any property of a Person other than Applicant pledged to secure the Obligations and all proceeds of the foregoing, are collectively referred to herein as the "Collateral." Applicant agrees to execute such additional documents, including financing statements, assignments, affidavits, notices, control agreements and similar instruments, in form satisfactory to Bank, and take such other actions that Bank deems necessary or appropriate to establish and maintain the security interest created by this Section, and Applicant hereby designates and appoints Bank as its agent, and grants to Bank a power of attorney (which is coupled with an interest), to execute on behalf of Applicant, such additional documents and to take such other actions. Applicant authorizes Bank, and hereby grants Bank a power of attorney (which is coupled with an interest), to file financing statements and amendments thereto describing the Collateral and containing any other information required by the applicable UCC or other filing office and all proper terminations of the filings of other secured parties with respect to the Collateral, in such form and substance as Bank, in its sole discretion, may determine. Applicant agrees that any financing statement or statements filed by the Bank may be considered as an agency filing to perfect the security interest granted to Bank herein. Applicant hereby waives any right that Applicant may have to file with the applicable filing officer any financing statement, amendment, termination or other record pertaining to the Collateral and/or Bank's interest therein. October 2009 Page 2ofS 7) If any of the following events shall occur: (a) Bank shall in good faith determine at any time that the security interest in the Collateral granted to the Bank is not a first priority perfected security interest, (b) the Applicant shall die or become disabled, (c) any of the Obligations or other obligations and/or liabilities of Applicant to Bank shall not be paid or performed when due or when demanded, (d) Applicant shall become insolvent (however such insolvency may be evidenced or defined) or commit nny act of bankruptcy or insolvency, or make a general assignment for the benefit of creditors, (e) Applicant shall suspend the transaction of its usual business or be expelled or suspended from any exchange, (f) an application is made by any judgment creditor of Applicant for an order directing Bank to pay over money or to deliver other property, (g) a petition in bankruptcy shall be filed by or against Applicant, (h) a petition shall be filed by or against Applicant or any proceeding shall be instituted by or against Applicant for any relief under any bankruptcy or insolvency laws or any law relating to the relief of debtors, readjustment of indebtedness, reorganization, composition or extensions, (0 any governmental authority, or any court at the instance of any governmental authority, shall take possession of any substantial part of the property of Applicant or shall assume control over the affairs or operations of Applicant, 0) a receiver shall be appointed of, or writ or order of attachment or garnishment shall be issued or made against, any of the property or assets of Applicant, (k) in the opinion of Bank, any material adverse change occurs in Applicant's business, operations, financial condition or ability to perform the Obligations or (1) any of the foregoing shall occur with respect to any guarantor of the Obligations, thereupon, unless Bank shall otherwise elect, any and all Obligations and other obligations and liabilities of Applicant to Bank, whether now existing or hereafter incurred, shall become and be due and payable forthwith without notice or demand and Bank shall have all the rights of a secured party provided by applicable laws. In addition, following the occurrence of any of the foregoing, upon demand of Bank (or immediately upon the occurrence of the event described in subsection (d), (g), (h), (i) or (j) above with respect to Applicant or any guarantor of the Obligations), Applicant shall deposit with Bank, as cash collateral for the Obligations, an amount equal to the undrawn amount of each Credit. 8) Bank's rights and liens hereunder shall continue unimpaired, and Applicant shall be and remain obligated in accordance with the terms and provisions hereof, notwithstanding the release and/or substitution of any property which may be held as security hereunder at any time(s), or of any rights or interest therein. No delay, extension of time, renewal, compromise or other indulgence which may occur or be granted by Bank, shall impair Bank's right or powers hereunder. Bank shall not be deemed to have waived any of its rights hereunder, unless Bank or its authorized agent shall have signed such waiver in writing. No such waiver, unless expressly as stated therein, shall be effective as to any transaction which occurs subsequent to the date of such waiver, nor as to any continuance of a breach after such waiver. 9) if Applicant is a banking institution, Applicant hereby appoints Bank its agent to issue a Credit in accordance with, and subject to, this Agreement and the Application for such Credit. 10) If Applicant is a partnership, the obligations hereof shall continue in force, and apply, notwithstanding any change in the membership of such partnership, whether arising from the death or retirement of one or more partners or the accession of one or more new partners. I) The obligations hereof shall bind the heirs, executors, administrators, successors and assigns of Applicant, and all rights, benefits, arid privileges hereby conferred on Bank shall be and hereby are extended to and conferred upon and may be enforced by its successors and assigns. This Agreement and all rights, obligations and liabilities arising hereunder shall be governed by, and construed in accordance with, the laws of the State of Nebraska, except to the extent such laws are inconsistent with the UCP or iSP, as applicable. Each Credit shall be governed by the UCP or the ISP as indicated in the terms of such Credit, 12) 1f more than one Person is identified as "Applicant" in this Agreement or any Application, each such Person (each, a "Co -Applicant") shall be jointly and severally liable under this Agreement (including, without limitation, under provisions of the Note) and all provisions hereof regarding the liabilities or security of Applicant shall apply to any liability or any security of any or all of the Co-Applicanes. Each Co - Applicant shall be deemed to be the agent of all others, and, except as expressly provided otherwise herein, Bank may act at the direction or request of any one or more Co -Applicants and Bank may give a notice or notices (whether or not required to be given), to any one or more Co -Applicants, all as Bank may from time to time elect, without notice to or approval by the others, Bank may terminate this Agreement with respect to, or release or discharge of, any one or more Co -Applicants without affecting or impairing the obligations of the other Co - Applicants. The death, incompetence or dissolution of any Co -Applicant or any change in the composition of any partnership or any other firm which may be Co -Applicant shall not affect in any way any Credit or any rights with respect to Obligations or with respect to transactions theretofore initiated. In this Agreement, the term "Applicant" refers to any one or more Co -Applicants, including without limitation, correspondent banks that have executed this Agreement, and each Co -Applicant shall be deemed a customer of Bank, without regard to whether such Co -Applicant is specified as the account party on any Credit. Each Co -Applicant agrees that the Obligations shall be primary, absolute, continuing and unconditional, irrespective of and unaffected by any action or circumstances which might otherwise constitute a legal or equitable discharge or defense. Each Co -Applicant unconditionally and irrevocably waives and agrees not to assert any and all rights, benefits and defenses which might otherwise be available under applicable law, including, without limitation, defenses of a guarantor or surety. 13) This Agreement shall constitute a continuing agreement, applying to all future as well as existing transactions, whether or not of the character contemplated at the date of this Agreement, and if all transactions between Bank and Applicant shall be at any time closed, shall be equally applicable to any new transactions thereafter. Any provision of the Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceable without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provision in any other jurisdiction. 14) Applicant shall compensate Bank for issuance of each Credit hereunder and Bank's services in relation thereto in accordance with the written fee schedule provided to Applicant, together with the amount of any and all charges and expenses paid or incurred by Bank or its agents or correspondents in connection with this Agreement, each Application and each Credit. Such fee schedule may be amended by Bank form time to time upon 30 days' notice. Bank's compensation shall be due and payable on demand and interest (at the rate specified in Section 23) shall accrue on unpaid compensation. 15) At its option, Bank may electronically record all telephonic instructions received by Bank from Applicant or any representative thereof, and retain those recordings for 90 days following the date of instruction to transfer. The purpose of this procedure is to allow Bank to recover verbal instructions should any questions arise. October 2009 Page 3 of 5 16) This Agreement shall supersede any prior continuing letter of credit agreement entered into between Bank and Applicant or any Co - Applicant and shall apply to each Credit heretofore or hereafter issued by Bank for the account of the same. 17) Time is of the essence of this Agreement. 18) This Agreement constitutes the entire understanding of the parties or this subject matter and may be amended only by a subsequent written instrument executed by all of the panics hereto. 19) A CREDIT AGREEMENT MUST BE IN WRITING TO BE ENFORCEABLE UNDER NEBRASKA LAW. TO PROTECT APPLICANT AND BANK FROM ANY MIUNDERSTANDINGS OR DISAPPOINTMENTS, ANY CONTRACT, PROMISE, UNDERTAKING, OR OFFER TO FOREBEAR REPAYMENT OF MONEY OR TO MAKE ANY OTHER FINANCIAL ACCOMMODATION IN CONNECTION WITH THIS AGREEMENT, ANY LOAN OF MONEY OR GRANT OR EXTENSION OF CREDIT, OR ANY AMENDMENT OF, CANCELLATION OF, WAIVER OF, OR SUBSTITUTION FOR ANY OR ALL OF THE TERMS OR PROVISIONS OF ANY INSTRUMENT OR DOCUMENT EXECUTED IN CONNECTION WITH THIS AGREEMENT, ANY LOAN OF MONEY OR GRANT OR EXTENSION OF CREDIT, MUST BE IN WRITING TO BE EFFECTIVE. 20) TO HELP FIGHT THE FUNDING OF TERRORISM AND MONEY LAUNDERING ACTIVITIES, THE USA PATRIOT ACT REQUIRES ALL FINANCIAL INSTITUTIONS TO OBTAIN, VERIFY AND RECORD INFORMATION THAT IDENTIFIES EACH PERSON (INCLUDING BUSINESS ENTITIES) WHO OPENS AN ACCOUNT BANK HAS ASKED OR WILL ASK FOR EACH CO - APPLICANT'S NAME, PHYSICAL ADDRESS, DATE OF BIRTH, TAXPAYER IDENTIFICATION NUMBER AND OTHER INFORMATION THAT WILL ALLOW BANK TO IDENTIFY EACH CO -APPLICANT. BANK MAY ALSO ASK TO SEE OTHER IDENTIFYING DOCUMENTS. 21) BANK AND APPLICANT HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF, DIRECTLY OR INDIRECTLY, THIS AGREEMENT, ANY CREDIT, ANY APPLICATION, ANY DEALINGS BETWEEN THE BANK AND ANY CO -APPLICANT RELATING TO THE SUBJECT MATI'ER OF THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT OR ANY RELATED TRANSACTIONS, AND/OR THE RELATIONSHIP THAT IS BEING ESTABLISHED BETWEEN THE BANK AND APPLICANT, 22) All notices, consents, approvals or ocher instrument required or permitted to be given by either party pursuant to this Agreement shall be in writing and given by (i) hand delivery, (ii) email or facsimile sent to at least two employees of the Applicant (such employee contact information to be provided by Applicant pursuant to an authorized contact list updated from time to time by Applicant), (iii) express overnight delivery service or (iv) certified or registered mail, return receipt requested, and shall be deemed to have been delivered upon (a) receipt, if hand delivered (b) transmission if delivered by email or facsimile, (c) the next business day, if delivered by express overnight delivery services, or (d) the third day following the day of deposit of such notice with the United States Postal Service, if sent by certified or registered mail, return receipt requested. 23) BUSINESS PROMISSORY NOTE. Applicant, as maker, promises to pay to the order of FIRST NATIONAL BANK OF OMAHA ("Bank") at any of its offices in Omaha, Nebraska, on demand, the principal sum of the Obligations, including, without limitation, any amounts due under Sections 1, 4 and 14 of the Agreement. Interest shall accrue on the principal amount of Obligations from and including the date such Obligations become due and payable to the date of payment. Interest, which shall be computed on the basis of actual days elapsed and a year of 360 days, shall be payable on demand. Interest on the Obligations shall accrue at the lesser of: (a) the rate of three percent (3%) per annum in excess of the rate in effect from time to time designated as the First National Banks National Base Rate and (b) the highest rate allowed by applicable law. Upon demand for payment hereunder and failure of Applicant to make full payment in accordance with such demand, Bank shall have all rights and remedies provided by the UCC, and any other applicable law, Unless the content otherwise requires, all terms used in the Note which are defined in the UCC shall have the meanings therein stated, The Note and any amounts advanced under the Agreement or any Credit evidence a loan for business or agricultural purposes, no part of which shall be used for personal, family or household purposes. All costs and expenses incurred by Bank in enforcing its rights under the Note and the Agreement are immediately due and payable and Applicant agrees to pay the same, including reasonable attorneys' fees and legal expenses incurred in connection with collection thereof. Interest shall accrue on such costs and expenses from the date of incurrence at the rate provided for herein. Applicant and each maker, endorser, surety and guarantor hereby waives presentment, protest, demand, notice of dishonor, and the defense of any statute of limitations. Without afTecting the liability of any maker, endorser, surety or guarantor, the holder may, without notice, renew any number of times or extend the time for payment, accept partial payments, release or impair any collateral security for the payment of the Note or agree to sue any party liable on it. Applicant, if more than one, shall be jointly and severally liable hereunder as co -makers of this Note. Bank shall not be deemed to have waived any of its rights upon or under the Note or under the other provisions of the Agreement or under any endorsement, surety agreement or guaranty, unless such waivers are in writing and signed by Bank. No delay or omission on the part of Bank in exercising any right shall operate as a waiver of such right or any other right. A waiver on any one occasion shall not be construed as a bar to or waiver of any right on any future occasion. All rights and remedies of Bank on liabilities or any collateral whether evidenced hereby or by any other instrument or papers shall be cumulative and may be exercised singularly or concurrently. Dated; %•. R l APR 172023 �,,•.,. �.,. r-•• t < . • October Page 4 of 5 IN WITNESS WHEREOF, Applicant and Bank have duly executed this Agreement as of the day and year above written. KORWELL LAND HOLDINGS LLC By: Title: Applicant Zee/ :9 cc Sin v5'n,-) fief Ann a. et e v' plicant A By: Title: Applicant By: Title: Applicant By: Title: Accepted: FIRST NATIONAL BANK OF OMAHA By: se n al, Title/ a V /9 ,k.�-1 October 2009 Page 5 of 5 Mining Operations APEN - Form APCD-222 Air Pollutant Emission Notice (APEN) and Application for Construction Permit All sections of this APEN and application must be completed for both new and existing facilities, including APEN updates. Incomplete APENs will be rejected and will require re -submittal. Your APEN will be rejected if it is filled out incorrectly, is missing information, or lacks payment for the filing fee. The re -submittal will require payment for a new filing fee. This APEN is to be used for mining operations (i.e. quarries, pits, or mines). This APEN may also be used to report haul road activities at non -mining facilities. Additional APENs may be required for process equipment located at the mine. A specialty APEN may be available for the process equipment (e.g. asphalt plant, crusher/screen, concrete batch plant, engines, etc.). In addition, the General APEN (Form APCD-200) is available if the specialty APEN options will not satisfy your reporting needs. A list of all available APEN forms can be found on the Air Pollution Control Division (APCD) website. This emission notice is valid for five (5) years. Submission of a revised APEN is required 30 days prior to expiration of the five-year term, or when a reportable change is made (significant emissions increase, increase production, new equipment, change in fuel type, etc.). See Regulation No. 3, Part A, II.C. for revised APEN requirements. Permit Number: AIRS ID Number: / [Leave blank unless APCD has already assigned a permit # and AIRS ID] Section 1 - Administrative Information Company Name': Korwell Land Holdings, LLC Mine/Pit Name: Korwell Dirt Mine/Pit Location: 105725000016 Mailing Address: 19350 County Road 35 (Include Zip Code) Mine/ Pit Location County: Weld NAICS or SIC Code: La Salle, CO 80645 Contact Person: Craig Rasmuson Phone Number: 970-518-6205 E -Mail Address2: rasmusoncraig@gmail.com 1 Use the full, legal company name registered with the Colorado Secretary of State. This is the company name that will appear on all documents issued by the APCD. Any changes will require additional paperwork. 2 Permits, exemption letters, and any processing invoices will be issued by the APCD via e-mail to the address provided. Form APCD-222 - Mining Operations APEN - Revision 10/2022 1 � cs." COLORADO Department of Public Health b Environment Permit Number: AIRS ID Number: [Leave blank unless APCD has already assigned a permit # and AIRS ID] Section 2 - Requested Action NEW permit OR newly -reported emission source - OR - MODIFICATION to existing permit (check each box below that applies) Change fuel or equipment Change company name3 _ Change permit limit Transfer of ownership4 - OR- APEN submittal for update only (Note blank APENs will not be accepted) - ADDITIONAL PERMIT ACTIONS - APEN submittal for permit exempt/grandfathered source Additional Info &t Notes: Add point to existing permit Other (describe below) 3 For company name change, a completed Company Name Change Certification Form (Form APCD-106) must be submitted. 4 For transfer of ownership, a completed Transfer of Ownership Certification Form (Form APCD-104) must be submitted. Section 3 - General Information General description of the activity (additionally, provide a topographic site map): Mining of the top 50-80% (approximately 12-14") of topsoil in the 132 acre irrigated portion of the site leaving 3-6" on site for reclamation purposes. Approximately 372,679 tons of topsoil are anticipated to be removed over a 4-6 year period. Scrapers and Loaders will be used to load trucks to deliver to off -site oil and gas locations. For existing sources, operation began on: For new or reconstructed sources, the projected start-up date is: Q3/Q4 of 2023 depending on Weld County USR Submittal Normal Hours of Source Operation: Daylight hours/day 5 Seasonal use percentage: Dec -Feb: Mar -May: days/week 52 Jun -Aug: Sep -Nov: weeks/year Commodity Produced: (check each box below that applies - as indicated on the applicable Division of Minerals and Geology Permit) Aggregate / Sand and Gravel Stone Coal Minerals or Metals (type): Other (describe): Top Soil Form APCD-222 - Mining Operations APEN - Revision 10/2022 2 I COLORADO Department of Public Health b Environment Permit Number: AIRS ID Number: [Leave blank unless APCD has already assigned a permit # and AIRS ID] Section 4 - Processing/Manufacturing Information & Material Use Check this box if APEN is for Haul Roads only (not located at a mining site) and complete the applicable sections, Section 4H - Raw Material Transport and/or Section 41 - Finished Product Transport on pages 6 and 7. Otherwise complete all of Section 4. From what year is the actual annual amount? Actual Annual Production (tons) Requested Annual Productions (tons) 93,000 5 Requested values will become permit limitations or will be evaluated for exempt status, as applicable, and should consider future process growth. Requested values are required on all APENs, including APEN updates. Section 4A - Topsoil Removal Topsoil removed daily (tons) Topsoil removed annual (tons) Varies 93,000 Proposed controls for topsoil removal Moist Material Water Spray Other (specify): Removal Equipment used for removal Stockpile(s) Maximum stored on site (tons) 25,000 Proposed controls for topsoil stockpile Watering Chemical Stabilizer Compacting of Piles Enclosures (choose one option from below) Section 4B - Overburden Tons removed by dragline (daily) Tons removed by dragline (annual) Dragline drop height (feet) Hours scraper operated (daily) Hours scraper operated (annual) Proposed controls for overburden removal Moist material Water Spray Other (specify): Complete Partial Revegetation (must occur within one year of site disturbance) Other (specify): Stockpile(s) Maximum stored on site (tons) Proposed controls for overburden stockpile Watering Chemical stabilizer Compacting of piles Enclosures (choose one option from below) Complete Partial Revegetation (must occur within one year of site disturbance) Other (specify): Form APCD-222 - Mining Operations APEN - Revision 10/2022 3 I COLORADO Department of Public Health b Environment Permit Number: AIRS ID Number: / [Leave blank unless APCD has already assigned a permit # and AIRS ID] Drilling Number of holes drilled (daily) Number of holes drilled (annual) Proposed controls for drilling Water injection Bag collectors Other (specify): Section 4C - Drilling and Blasting Removal Material removed daily (tons) Material removed annual (tons) Maximum drop height (feet) Specific moisture content (%) Blasting Blast area (acres) Number of blasts (daily) Number of blasts (annual) Type of blasting material Blasting material used (daily) Blasting material used (annual) Section 4D - Raw Material Proposed controls for raw material removal Moist material Water spray Other (specify): Stockpile(s) Maximum stored on site (tons) Proposed control for raw material stockpile Watering Chemical stabilizer Compacting of piles Enclosures (choose one option from below) Complete Other (specify): Partial Section 4E - Conveyors and Transfer Points (not assigned to process equipment) Include a map detailing the conveyor system layout within the site. Conveying Material conveyed daily (tons) Material conveyed annual (tons) Proposed controls for conveyors Enclosures (choose one option from below) Complete Other (specify): Partial Number of transfer points Transfer Points Proposed controls for transfer points Watering Chemical stabilizer Enclosures (choose one option from below) Complete Other (specify): Partial Form APCD-222 - Mining Operations APEN - Revision 10/2022 4I COLORADO Department of Public Health b Environment Permit Number: AIRS ID Number: [Leave blank unless APCD has already assigned a permit # and AIRS ID] Section 4F - Processing Equipment Will processing (e.g. crushing, screening, etc.) occur on site? (yes/no) If you answered "No" above (i.e. no processing/manufacturing equipment will be located on site) check the box below and skip to page 6, Section 4G - Finished Product. Check this box if no process equipment is located on site. List any additional emission sources and related controls (e.g. concrete batch plants, crushers/screens, engines, conveyors and transfer points associated with process equipment, asphalt plants, etc.). Additional APENs for any such equipment may be required. The following specialty APENs are available: Form APCD-224 Concrete Batch Plant APEN, Form APCD-221 Crusher/Screen APEN, Form APCD-233 Compression Ignition Engine APEN. If a specialty APEN is not appropriate for the additional equipment, use Form APCD-200 General APEN. Additionally, complete the section below regarding crushing and screening performed on site. (or Emission Source equipment type) Control Equipment Description Permit Number (if available) Primary Crushing Maximum crushed per year (tons) Design process rate (tons/hour) Duration of daily crushing (hours) Secondary Crushing Maximum crushed per year (tons) Design process rate (tons/hour) Proposed control for crushing Moist material Water spray Enclosures (choose one option from below) Complete Other (specify): Partial Screening/Classifying Maximum screened per year (tons) Design process rate (tons/hour) Duration of daily screening (hours) Secondary Screening/Classifying Maximum screened per year (tons) Design process rate (tons/hour) Proposed control for screening Moist material Water spray Enclosures (choose one option from below) Complete Other (specify): Partial Note: Completion of this section does not relieve the applicant from the requirement to submit APEN forms for process equipment subject to APEN or permitting requirements. Form APCD-222 - Mining Operations APEN - Revision 10/2022 51 COLORADO Department of Public Health b Environment Permit Number: AIRS ID Number: [Leave blank unless APCD has already assigned a permit # and AIRS ID] Section 4G - Finished Product Stockpile(s) Maximum stored on site (tons) 93,000 Proposed control for finished product stockpile Watering Chemical stabilizer Compacting of piles Enclosures (choose one option from below) Complete Partial Revegetation (must occur within one year of site disturbance) Other (specify): Annual on -site transfer: Section 4H - Raw Material Transport (raw material removal to stockpiles) tons Haul Vehicle 1 Haul Vehicle 2 Haul Vehicle 3 Haul vehicle capacity: Haul vehicle empty weight: Max number of trips per day: Haul road length (avg. one way): Posted speed limit on haul road: List all air pollution controls used for the haul roads: Paved Surface Street sweeping: No Unpaved Surface Watering: Surface is graveled: Chemical stabilizer applied: None No No mph Yes As needed Yes Yes Type: tons tons feet Frequent6: times/day (e.g. mag chloride, resin, etc.) 6 If "Frequent" is selected, your permit may include a requirement to water haul roads daily as often as listed in this APEN. Form APCD-222 - Mining Operations APEN - Revision 10/2022 6 I COLORADO Department of Public Health b Environment Permit Number: AIRS ID Number: / [Leave blank unless APCD has already assigned a permit # and AIRS ID] Annual off -site transfer: 93,000 Haul vehicle capacity: Haul vehicle empty weight: Max number of trips per day: Haul road length (avg. one way): Posted speed limit on haul road: Section 41 - Finished Product Transport tons Haul Vehicle 1 Haul Vehicle 2 25 15 120 25miles 55 List all air pollution controls used for the haul roads: Paved Surface Street sweeping: Unpaved Surface Watering: Surface is graveled: Chemical stabilizer applied: No None No No mph Yes As needed Yes Yes Haul Vehicle 3 Frequent: tons tons feet times/day Type: Mag Chloride when required by County (e.g. mag chloride, resin, etc.) 6 If "Frequent" is selected, your permit may include a requirement to water haul roads daily as often as listed in this APEN. Section 5 - Geographical/Site Information Total site area (acres): Geographical Coordinates (Latitude/Longitude or UTM) 40.28069/104.73478 Attach a topographic site map indicating location. 162 Total disturbed site area (acres): 132 Proposed site controls Watering (choose one option from below) Frequent (2 or more times per day) As needed Chemical stabilizer Revegetation (must occur within one year of site disturbance) Seeding with mulch Seeding without mulch Other (specify): Form APCD-222 - Mining Operations APEN - Revision 10/2022 71 COLORADO Department of Public Health b Environment Permit Number: AIRS ID Number: [Leave blank unless APCD has already assigned a permit # and AIRS ID] Section 6 - Applicant Certification I hereby certify that all information contained herein and information submitted with this application is complete, true, and correct. Signature of Legally Authorized Person (not a vendor or consultant) Date Name (print) Title Check the appropriate box to request a copy of the: Draft permit prior to issuance Draft permit prior to public notice (Checking any of these boxes may result in an increased fee and/or processing time) This emission notice is valid for five (5) years. Submission of a revised APEN is required 30 days prior to expiration of the five-year term, or when a reportable change is made (significant emissions increase, increase production, new equipment, change in fuel type, etc.). See Regulation No. 3, Part A, II.C. for revised APEN requirements. Send this form along with $242.00 to: Colorado Department of Public Health and Environment Air Pollution Control Division APCD-SS-B1 4300 Cherry Creek Drive South Denver, CO 80246-1530 For more information or assistance, contact: Small Business Assistance Program cdphe_apcd_sbap@state.co.us APCD Main Phone Number (303) 692-3100 Make check payable to: Colorado Department of Public Health and Environment Alternatively, payment can be provided online, by credit card or electronic check, via the APCD Payment Portal. Form APCD-222 - Mining Operations APEN - Revision 10/2022 COLORADO Department of Public Health b Environment EXHIBIT D Mining Plan Korwell Land Holdings, LLC (Korwell) owns a 162 -acre parcel in Weld County, Colorado (Site). The Site consists of 132 acres of active agricultural land under a center pivot irrigation system, and 30 acres of "dry corners" outside of the center pivot irrigation range. There are active oil and gas operations in the n orthwest dry corner of the parcel. There is also one (1) single vertical oil well in the center of the n ortheast quarter along with a production facility in the NE/4 dry corner. This well and facility are scheduled to be plugged and abandoned and reclaimed by Chevron in the winter of 2022-23. This well site will be plugged and abandoned before topsoil mining operations begin in the northeast quarter. Korwell proposes to mine approximately 372,679 tons (approximately 248,453 cubic yards) of topsoil from the 132 acres under the existing center irrigation pivot. Korwell is the landowner and operator of the mining activity. Korwell is proposing to mine the upper 50 to 80 percent of topsoil from the irrigated portion of existing agricultural land in order to provide topsoil for reclamation of third -party development sites. The topsoil on Site has been measured between 14-18 inches in depth. The operator will extract approximately 12-14 inches of topsoil, leaving at least 3-6 inches on Site for reclamation purposes. Korwell will dig test holes on approximately a 500' x 500' grid to verify depths and ensure adequate top soil remains. The goal to remove a total of 372,679 tons of topsoil will occur in four phases over the course of four to six years after obtaining the Construction Material Regular 112 Operation Permit. Mining Limits Korwell Land Holdings, LLC proposes a permit boundary that encompasses the entirety of the 162 -acre property, described as The Southwest Quarter of Section 25, Township 4 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. The mining limits are established generally as the portion of the site irrigated by the center pivot. Within that irrigated area, the mining limits are further restricted by setbacks from property lines as well as existing easements and structures. The resulting mining area is approximately 129.2 acres. Products Topsoil will be the only product produced by the Korwell Soils Mine. The topsoil will be taken off -site for u se at various oil and gas project locations. Mining Methods The topsoil will be dry mined and will not result in the need for any dewatering. Mining will be done with a variety of earth -moving equipment, including dozers, loaders, and scrapers. Watering trucks will be employed as needed to mitigate wind erosion of the exposed soil. Mined topsoil will be stockpiled n ear the single access point along the northwest property line. The topsoil will be loaded onto trucks for transport to the end user. IIPBASELINE _-_,•••••• • L!'fr Korwell Land Holdings, LLC Korwell Soils Mine DRMS 112 Permit Application 1 EXHIBIT D Mine Phasing Mining will be completed in four main phases, one for each quarter -section of the property. The first phase will be the northeast quarter and future phases will proceed in a counter clockwise sequence. The overall time anticipated to complete all mining is 4 to 6 years, with each phase estimated to be completed in 12 to 18 months. The maximum area to be mined at any one time will be approximately 32.8 acres. BASELINE Korwell Land Holdings, LLC Korwell Soils Mine DRMS 112 Permit Application 2 Weld County Treasurer Statement of Taxes Due Account Number R4420986 Assessed To Parcel 105725000016 KORWELL LAND HOLDINGS LLC PO BOX 337282 GREELEY. CO 80633-0622 Legal Description Situs Address 17194 SW4 25 4 66 (4R 6L) 19350 COUNTY ROAD 35 WELD Year Tax Charge Tax Interest Fees Payments Balance 2022 $2,194.26 $0.00 $0.00 $0.00 $2,194.26 Total Tax Charge $2,194.26 Grand Total Due as of 03/02/2023 $2,194.26 Tax Billed at 2022 Rates for Tax Area 2878 - 2878 Authority WELD COUNTY SCHOOL DIST RE I NORTHERN COLORADO WATER (NC CENTRAL COLORADO WATER (CCW CENTRAL COLORADO WATER SUED CENTRAL COLO WATER WELL (CC LASALLE FIRE AIMS JUNIOR COLLEGE HIGH PLAINS LIBRARY Taxes Billed 2022 * Credit Levy Mill Levy 15 0380000* 16.6870000* 1.0000000 1.0680000 1.5 820000 9.0000000 5.1540000 6 3070000 3/810000 Amount $559.11 $620.43 $37.18 $39 70 $58 82 $334.62 $191.63 $234.50 $11827 59.0170000 $2,194.26 Values AG -FLOOD IRRRIGATED LAND OTHER BLDGS.- AGRICULTURAL Total Actual $140,619 $225 Assessed $37,120 $60 $140,844 $37,180 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES - AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK. Weld County Treasurer's Office 1400 N 17th Avenue PO Box 458 Greeley, CO 80632 Phone: 970-400-3290 t2,09 Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due issued by the Weld County Treasurer, are evidence of the status as of this date of all property taxes, special assessments, and prior tax liens attached to this account. Signed: Current year's taxes are due but not delinquent. Date: 3'z/Z-3 14uu IN. it in Hvenue, V reeley, Lou tiubi -1 , tau box 40a, vreeley, UO oUbJ2. (910) 400-3290 Page 1 of 1 Hello