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HomeMy WebLinkAbout20223334.tiffCOLORADO Division of Reclamation, Mining and Safety Department of Natural Resources RECEIVED FEB 10 2023 WELD COUNTY COMMISSIONERS NOTICE Consideration of Construction Materials Reclamation Permit Amendment Application DATE: February 3, 2023 TO: Weld County Commissioners 1150O St Greeley, CO 80631 FROM: Eric C. Scott RE: Chavers Mining Resource - File No. M-2015-030, Asphalt Specialties CO., Inc. Amendment Application (AM -2) AM2 - change post mining land use from developed water storage to rangeland Please be advised that on February 3, 2023, Asphalt Specialties CO., Inc., whose address and telephone number are 10100 Dallas St., Henderson, CO 80640; (303) 289-8555, filed an application for a/an Amendment (AM- 2) to M2015030, Chavers Mining Resource, which is located approximately 2 miles North of Ft. Lupton, Section 18, Township 1N, Range 66W, 06th Principle Meridian, in Weld County. Revise the currently approved reclamation plan to change post mining land use from developed water storage to inert backfill/rangeland. The application decision is scheduled for May 4, 2023. Written comments or objections to the application maybe submitted to and additional information obtained from Eric C. Scott at the Division of Reclamation, Mining and Safety, 1313 Sherman St. Room 215 Denver, CO 80203, by telephone at (303) 866-3567 x 8140. Asphalt Specialties CO., Inc. is required to publish a public notice in a newspaper of general circulation in the locality of the mining operation once per week for four consecutive weeks. If you wish to make comments on or objections to the mine plan and/or the reclamation plan, they must be submitted within twenty (20) days of the date of the last newspaper public notice to be considered in the application review process by the Division. You should contact the applicant for the newspaper publication date. If we do not receive your comments or any objection by the end of the public comment period, the Division will assume you have no objection or comment to the proposed activity. M -Qt -03,1, Rnvsical Address: 1:1: Shermar 5_reet, Room 215, Ceiver. co SC20: P ,0:.356.:557 F :c: t:2,81Ch !,ailing address: Dp,`.45 Room 2'5, 1001 E 52nd Ave, Conver. C0 5C215 pared S. Pr,is, Governor I Dan 5:50:, Executive Director Virgiria Erannor, Cire,_tcr P.61;C G Rev ; e6„j 03/01/23 CG•, PLe P/MN/OA/Ko/OAI P.a (CH/ER/CK/Do/D16 .2/21/23 2022- 333L te,Q COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources RECEIVED FEB 10 2023 WELD COUNTY COMMISSIONERS NOTICE Consideration of Construction Materials Reclamation Permit Amendment Application DATE: February 6, 2023 TO: Weld County Commissioners 1150O St Greeley, CO 80631 FROM: Eric C. Scott RE: Chavers Mining Resource - File No. M-2015-030, Asphalt Specialties CO., Inc. Amendment Application (AM -2) CORRECTED LOCATION for Notice Sent Feb. 3, 2023 Please be advised that on February 3, 2023, Asphalt Specialties CO., Inc., whose address and telephone number are 10100 Dallas St., Henderson, CO 80640; (303) 289-8555, filed an application for a/an Amendment (AM- 2) to M2015030, Chavers Mining Resource, which is located approximately 2 miles South of Ft. Lupton, Section 18, Township 1N, Range 66W, 06th Principle Meridian, in Weld County. Revise the currently approved reclamation plan to change post mining land use from developed water storage to inert backfill/rangeland. The application decision is scheduled for May 4, 2023. Written comments or objections to the application may be submitted to and additional information obtained from Eric C. Scott at the Division of Reclamation, Mining and Safety, 1313 Sherman St. Room 215 Denver, CO 80203, by telephone at (303) 866-3567 x 8140. Asphalt Specialties CO., Inc. is required to publish a public notice in a newspaper of general circulation in the locality of the mining operation once per week for four consecutive weeks. If you wish to make comments on or objections to the mine plan and/or the reclamation plan, they must be submitted within twenty (20) days of the date of the last newspaper public notice to be considered in the application review process by the Division. You should contact the applicant for the newspaper publication date. If we do not receive your comments or any objection by the end of the public comment period, the Division will assume you have no objection or comment to the proposed activity. M -Qt -03A -P an.;sical Address: 1:1; _herrrar 5,ree', Room 215, Comer. Co 5Cao1 P CC.856.C567 F :C:.5 -.5106 'a'ti ig address: D00O poor-, _ 5. 1001 = 52nd Ave, Ce,er. CO 5C216 _aged 5. Ft.is, Governor I _pan 5ibts. E.:ecTive Director Sst:ria Brannor, Director RECEIVED FEB 01 2023 WELD COUNTY COMMISSIONERS 112 CONSTRUCTION MATERIALS PERMIT AMENDMENT APPLICATION NO.2 (AM -02) FOR DRMS PERMIT NO. M-2015-030 CHAVERS MINING RESOURCE 12367 COUNTY ROAD 8 FORT LUPTON, WELD COUNTY, COLORADO Prepared by: ASPHALT SPECIALTIES CO., INC 10100 DALLAS STREET HENDERSON, COLORADO 80640 303-289-8555 • Fax 303-289-7707 ASPHALT =EMIL SPECIALTIES CO. February 2023 PobI . Rev:eL.) 02/13/23 cc: PL.(TP/121N/DA /Ka /DA) PW (eH/FR/CK/DD/PN), 02. /o V2.3 20.2.2-333H Chavers Mining Resource DRMS Permit No. M-2015-030 Amendment No. 2 (AM -02) February 2023 Page ii TABLE OF CONTENTS Section Page INTRODUCTION 1 6.4.3 EXHIBIT C - PRE -MINING AND MINING PLAN MAP(S) OF AFFECTED LANDS 6.4.4 EXHIBIT D - MINING PLAN 2 3 6.4.4 (A) DESCRIPTION OF THE METHOD(S) OF MINING 3 6.4.4 (B) EARTHMOVING 3 6.4.4 (C) WATER DIVERSIONS AND IMPOUNDMENTS 3 6.4.4 (D) SIZE OF AREA(S) TO BE WORKED ON AT ANY ONE TIME 4 6.4.4 (E) APPROXIMATE TIMETABLE FOR MINING OPERATION 4 6.4.4 (F) STRATIGRAPHY 4 6.4.4 (F)(i) Nature of Deposit 4 6.4.4 (F)(ii) Nature of Stratum beneath Deposit 5 6.4.4 (G) COMMODITIES MINED/EXTRACTED AND INTENDED USE 5 6.4.4 (H) INCIDENTAL PRODUCTS MINED/EXTRACTED AND INTENDED USE 5 6.4.4 (I) EXPLOSIVES 5 6.4.4 (J) DIMENSIONS OF EXISTING OR PROPOSED ROADS 5 6.4.5 EXHIBIT E - RECLAMATION PLAN 6 6.4.5 (1) PREPARATION OF THE RECLAMATION PLAN 6 6.4.5 (2) RECLAMATION PLAN REQUIREMENTS 6 6.4.5 (2)(a) Description of Reclamation Plan 6 6.4.5 (2)(b) Land Uses in the Vicinity 8 6.4.5 (2)(c) Reclamation Performance Standards 8 6.4.5 (2)(d) Revegetation Plan 13 6.4.5 (2)(e) Schedule for Implementation 13 6.4.5 (2)(f) Description of Reclamation Details 14 6.4.6 EXHIBIT F - RECLAMATION PLAN MAP 15 6.4.7 EXHIBIT G - WATER INFORMATION 16 6.4.7(1) IF OPERATION IS NOT EXPECTED TO DIRECTLY AFFECT SURFACE OR GROUNDWATER 16 6.4.7(2) IF OPERATION IS EXPECTED TO DIRECTLY AFFECT SURFACE OR GROUNDWATER 16 6.4.7(2)(a) Surface Water and Groundwater Systems Affected by Operation 16 6.4.7(2)(b) Known Aquifers 16 6.4.7(2)(c) Dewatering Operations and Runoff 16 6.4.7(3) PROJECT WATER REQUIREMENTS 16 6.4.7(4) REPLACEMENT WATER SOURCES 16 6.4.7(5) NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT 17 Chavers Mining Resource DRMS Permit No. M-2015-030 Amendment No. 2 (AM -02) February 2023 Page iii TABLE OF CONTENTS Section Page 6.4.12 EXHIBIT L - RECLAMATION COSTS 18 6.4.12(1) COST ESTIMATE 18 6.4.12(2) ADDITIONAL DATA TO SUBSTANTIATE COST ESTIMATE 18 6.4.13 EXHIBIT M - OTHER PERMITS AND LICENSES 19 6.4.17 EXHIBIT Q - PROOF OF MAILING NOTICES TO BOARD OF COUNTY COMMISSIONERS AND CONSERVATION DISTRICT 20 6.4.18 EXHIBIT R - PROOF OF FILING WITH COUNTY CLERK & RECORDER 21 6.4.18 EXHIBIT S - PERMANENT MAN-MADE STRUCTURES 22 ATTACHMENTS ATTACHMENT 1 AFFIDAVIT FOR CLEAN AND INERT MATERIAL BACKFILL Chavers Mining Resource DRMS Permit No. M-2015-030 Amendment No. 2 (AM -02) February 2023 Page 1 INTRODUCTION This Amendment No. 2 (AM -02) has been prepared for the Asphalt Specialties Co., Inc. (ASCI) Chavers Mining Resource (Site), Colorado Division of Reclamation, Mining, and Safety (DRMS) Permit No. M-2015-030, to revise the reclamation plan from the currently approved sealed water storage reservoir to rangeland use after backfill and expand the affected area within the permit boundary for surface use disturbances. The Site is located at 12367 County Road 8, Fort Lupton, Weld County, Colorado in Section 18, T1N, R66W. The format is based on the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials, Effective July 15, 2019 (Construction Materials Rule, 2019), Rule 6: Permit Application Exhibit Requirements, Section 6.4 Specific Exhibit Requirement -112 Reclamation Operation. The following is a list of the specific exhibits being amended, partially or entirely, in this application. 6.4.3 Exhibit C — Pre -Mining and Mining Plan Map(s) of Affected Lands 6.4.4 Exhibit D — Mining Plan 6.4.5 Exhibit E — Reclamation Plan 6.4.6 Exhibit F — Reclamation Plan Map 6.4.7 Exhibit G — Water Information 6.4.12 Exhibit L — Reclamation Costs 6.4.13 Exhibit M — Other Permits and Licenses 6.4.17 Exhibit Q — Proof of Mailing Notices to Board of County Commissioners and Conservation District 6.4.18 Exhibit R — Proof of Filing with County Clerk & Recorder 6.4.19 Exhibit S — Permanent Man-made Structures Per Construction Materials Rule No. 1, Section 1.10.1(1), applicable information which would duplicate previous submittals has not been included in this application. The following table lists where the currently approved exhibits not being amended can be found: 6.4 Specific Exhibit Requirements —112 Reclamation Operation Current Approved Version 6.4.1 Exhibit A — Legal Description AM -01 (2017) 6.4.2 Exhibit B — Index Map AM -01 (2017) 6.4.8 Exhibit H — Wildlife Information AM -01 (2017) 6.4.9 Exhibit I - Soils Information AM -01 (2017) 6.4.10 Exhibit J — Vegetation Information AM -01 (2017) 6.4.11 Exhibit K — Climate Original Application (2016) 6.4.14 Exhibit N — Source of Legal Right to Enter AM -01 (2017) 6.4.15 Exhibit O - Owners(s) of Record of Affected Land (Surface Area) and Owners of Substance to be Mined AM -0l (2017) 6.4.16 Exhibit P — Municipalities Within Two Miles AM -01 (2017) Chavers Mining Resource DRMS Permit No. M-2015-030 Amendment No. 2 (AM -02) February 2023 Page 2 6.4.3 EXHIBIT C - PRE -MINING AND MINING PLAN MAP(S) OF AFFECTED LANDS The following Exhibit C — Pre -Mining and Mining Plan Map(s) (i.e., Exhibits C-1 and C-2) of Affected Lands have been revised to reflect updates/changes from the previous submittal based on current conditions, as applicable, for: (a) Updated — All adjoining surface owners of record; (b) Not Applicable — No change/update from previous submittal. (c) Updated — The existing topography of the area with contour lines of sufficient detail to portray the direction and rate of slope of the affected land. (d) Updated — The total area to be involved in the operation, including the area to be mined and the area of affected lands. (e) Not Applicable — No change/update from previous submittal. (f) Not Applicable — No change/update from previous submittal. (g) Updated — Permanent man-made structures contained on the area of affected land and within two hundred (200) feet of the affected land . (h) Not Applicable — No change/update from previous submittal. (i) Not Applicable — No change/update from previous submittal. f I• 0 ( • Q \0 r f is Y ...- ou.\•-_______—cm.........2:1 .,:e,:\ ,.... ,I-/ `iI I / /so -_ _ ,.•.- if r ti4 ' -�. le ••••••=1 —" �• •�i 1TTTfT1 , _ , . _ nr Iff )' _ , IT__ T11 ' U U l I I * � �-, /Iy ` 00 401 tC i II \ O O pr0'r". 9040 o r, • �.`. -� -� 1 0 om`V /y ��,. r.:�) -���\ ``��- �•-•• � IA)'1 • � 1' /"/ -.> � � � [WARM _ MARIET TA MATERIALS. INC. fl ice" ^,`.,_ r` ti • 147110000003 AURORA CITY OF 141119000004 AURORA CITY OF 141118100001 COLORADO -DEPT OF HIGHWAYS r r i"le:: 41 ...'".......-'----•••• -I- L'Is•••=ec-:::-.--1--C.:::::% • t4 . T r �� ~�� 11/11 '~ r ?'�'' `��>,too,_ ttttt�, womb _ wall auto IY�R = los SE CORNER OF THE SW 1/4 j SECTION 18, TIN. R86W REVISIONS 0 Map updated with adjoining surface owners of record, revised affected area boundary, and permanent man-made structures) 12/15/1022 contained within affected land and within two hundred (200) feet (O8G structures left on map to document pre -mining cant:Hone). 12/15/2022 Asphalt Specialties Co., Inc. 10100 Dallas Street Henderson, CO 80640 Phone: 303-289-8555 Fax: 303-289-7707 STATE HIGHWAY 85 PREPARED FOR t- -re.* gam REV DEeCAIPTKM r 147110400004 DRIVER WY OF !1 r REVISED salt I • :'mist BOUNDARY AFFECTED AREA 'vt/ - / BOUNDARY I ` C ,Q CHAVERS MINING RESOURCE REGULAR 112 PERMIT M-2015-030 AM -02 WELD COUNTY, CO , \ •I1 �` 147118000068 • . - I OGe,YIE KEN UNNG T1 J8T imi - in %',.ia. \ \N i STOCKPILES ccor SPUR DICE EASEMENT lea \. w 1„ . • MI .r II , \. s . ,, E fU 1 %�I,t i 11111 .44 S .( '0 1 • ;� • • • \ -, Y --- --- — _ MAP LEGEND ' I 1 1I I12 \` EDGE OF PAVEMENT EXISTING — EXISTING ANADARKO PIPELINES EXISTING OIL & GAS WELL HEAD ♦ E)0STING UTILITY POLE EXISTING BURIED TELEPHONE UNE _ . .. • - -. EXISTING BURIED GAS UNE EXISTING BARBED 'ORE FENCE - - EXISTING EDGE OF GRAVEL ROAD EXISTING RIVER EXISTING PROPERTY BOUNDARY ___ - — EXISTING ADJOINING PARCEL BOUNDARY - — DOSING SECTION LINE - - — - EXISTING RIGHT OF WAY UNE - — — EXISTING MAJOR CONTOUR UNE 5FT EXISTING MINOR CONTOUR LINE 1FT an us am EXISTING 100YR FLOOOPLAIN BOUNDARY (FEMA PANEL I/0802860983C) ra�r��frV�e: EXISTING RIP RAP SPUR O*KE/WOR i� 4a.�tAti S. • CIS. see.:. STRUCTURES (COOT) - r• — r• - PERMIT BOUNDARY AM -01 ADDITION TO MINE PERMIT AREA ORIGINAL AFFECTED REVISED AFFECTED Regalia — I I m I I— AREA BOUNDARY AREA BOUNDARY PERMANENT MAN --MADE STRUCTURES WITHIN EOOFT OF THE AFFECTED AREA f / 1 $H-85 (CDOT) 21 WELD COUNTY ROAD 8 (WELD COUNTY) 3 UNDERGROUND HP GAS UNE (BUCKEYE Na PIPELINES, LLC) 4 UNDERGROUND TELEPHONE UNE (OWEST) 5 WELD COUNTY ROAD 8 BRIDGE (WELD COMM y 6 RESIOEN11AL STRUCTURE (CITY OF AURORA) 7 UT1UTY POLES (UNITED POWER) 'ACLU T4 MIA CHAVEfl9 2018) 01_ & GAG (PEA - FlOIL It CAS FLOW Uri5 IN 2018) (REMOVED & CAS SALES UNE (REMOVED IN 2018) f /0 ICIL enamellers WING- (REMOVED IN 2018) I it OIL Js OAC CAS PROOUCRO4 EQUIPMENT (REMOVED IN 2018) OIL & It I6.\ 11CR WATADA IN 2018) 113 I OIL & GAO 11LLL (PEA 14 BARBED WARE FENCE (COOT) 15 6FT X 8FT CONCRETE BOX — UVESTOCA CROSSING (COOT) 16 SPUR DIKE/WEIRS EROSK)N CONTROL STRUCTURE (COOT) 17 DENVER WATER LUPTON LAKES INLET OUTLET FACILITIES PROJECT INFORMATION SUMMARY PERMIT AREA: 85.0 ACRES MINING AREA: - 75 ACRES REVISED AFFECTED AREA -87 ACRES r •.4 9 0 I v, 15D C 300' 375' 450' �/ SCALE V = 150' f � EXHIBIT C-1 PRE -MINE PLAN MAP CHECKED BY: OK DATE: 1/30/2023 REV 1.0 SHEET 1 OF 1 \ DENGil WATER LUPTON LAKES INLET \\ OUTLET MUTES SITE ACCESS • 4 .ICI • a� �. — ' ` ,w1 t I • N. \ ❑ 1 /4. 1 °r 1\ : ,_ i Ott -- — cr p0� R�v� i / $ --rte_ ,�, / /. / �.- 1 N. ,• � ♦ • F S. .. ♦,I \ • • . ` gillt S. •e , N o) I r I • i - lI � I i PROPERTY BOUNDARY / ' Ott I. t AFFECTED AREA BOUNDARY •••_ -' st• ir / ' \t t i ' 0. i��{ t • ,tt4 • i •t•s ••* •t RNIT BOUNDARY , ono • r goote - IB a.saa•� R, • • •- ,-a Cell 5 -4 Acres •• I...4••••••••••••••••••••• a . . Cell 1 -4 Acres CONCRETE PLANT — • • - -STATE HICRWAY 85 4Irr r Orr. f r SE CORNER OF THE SW 1/4 SECTION IS. TIN. R66W REVISIONS ase i` RECYCLE OPERATION AREA ..a - - at-. w• EXISTING ALLUVIAL WELL • MW2 Cell 4 -23 Acres Cell 6 �- -4 Acres Asphalt Specialties Co., Inc. 10100 Dallas Street Henderson, CO 80640 Phone: 303-289-8555 Fax: 303-289-7707 • • • • • • • • • • • • • • • • • • —•._.,_.. _ ,_ •_• „r �/Pi�' moo •fl _- Cell 3 - 32 acres es a ire ,asamaisibisseastaisitistanilra PROPERTY BOUNDARY ja ♦ ` — I S.f ,•--- ea 80'1 — — — —ale lse. • . . 11 �' ♦ gift I y� ,..,,._,. ..•▪ - AFFECTED AREA BOUNDARY ♦ 1 \ • ♦♦i • • ,� `, ♦ Ii II I1 1 11 • ' CHAVERS MINING RESOURCE REGULAR 112 PERMIT M-2015-030 AM -02 FORT LUPTON, CO molir IOW WMIN womp -------•— -- -a NAP LEGEND N EXISTING EDGE OP PAVEMENT EXISTING ANADARKO PIPELINES EXISTING OIL & GAS WELL HEAD -O- EXISTING UTILITY POLE C0STNc BURIED TELEPHONE me -----w— EXISTING BURIED CAS LINE COS11MO BARBED YAM FENCE EXISTING EDGE OF GRAVEL ROAD EXISTING RIVER c- c- *- F COSTING DRAINAGE DITCH EXISTING PROPERTY BOUNDARY COSTING ADJOINING PARCEL BOUNDARY EXISTR4G SECTION LINE - - - COSTING RIGHT OF WAY WFE �4:e%•;� i EXISTING RIP STRUCTURES i� aKE/ME7R ST - N — — - PERMIT BOUNDARY EXTENT OF MINING CELL BOUNDARY /tfl}E>•H I41 AFFECTED AREA BOUNDARY PROPOSED DIRECTION CF MINING SERVICE ROADS (GRAVEL) MOMTOR NEIL EXTENT OF MINING AREA a -75 ACRES AFFECTED AREA a -Si ACRES PERMIT BOUNDARY • -1$ ACRES • • • • • .. - . . Current Excavation Extent ■ TOPSOIL STOCKPILES • ■ MINING OF CELL COMPLETE 1 as + � —� —•� N/ Y, 0' 160' }•:•••or 01 a/ 'I 300' 375 450' EXHIBIT C-2 MINE PLAN MAP SCALE 1" is 150' 1"=150' PI EFAREV FOR ASPHALT SPECIALTIES CO., INC. DK ave 1/9/2023 SHEET OF 1 1.0 Chavers Mining Resource DRMS Permit No. M-2015-030 Amendment No. 2 (AM -02) February 2023 Page 3 6.4.4 EXHIBIT D - MINING PLAN 6.4.4 (A) DESCRIPTION OF THE METHOD(S) OF MINING Mining conducted employs conventional aggregate mining techniques including the use of excavators and loaders to excavate topsoil, overburden, and aggregate material. Mining is accomplished by utilizing dewatering trenches around the perimeter of the toe of mining slope to facilitate dry mining. Haul trucks move materials to be processed at a fixed gravel plant located on -site. Finished materials are stockpiled where they are loaded into trucks for removal off -site or to the concrete plant located in the southeastern corner of the site. 6.4.4 (B) EARTHMOVING The mining operation strips topsoil and overburden to expose the underlying raw aggregate material deposit. Topsoil is stockpiled on -site and seeded to establish a vegetated cover to minimize erosion until future reclamation use. Overburden material will be utilized as part of the mine backfill. Overburden material will typically be stockpiled temporarily (i.e., less than one [1] year) and used as backfill of earlier mine excavation areas. However, should mining operations call for overburden materials to be stored over one (1) year, the stockpiles will be seeded with reclamation seed mix to establish a vegetated cover to minimize erosion until future backfill use. The exposed raw aggregate material deposit will be excavated and processed. The equipment used to conduct the earthmoving activities may include dozers, loaders, excavators, articulated haul trucks, water trucks, and scrapers for the mining and earth moving operations. Aggregate processing equipment includes feeders, a fixed plant gravel plant with crusher and screens, sand screw, wash plant, conveyors, stackers, and other miscellaneous processing equipment. 6.4.4 (C) WATER DIVERSIONS AND IMPOUNDMENTS The following discusses water diversions and impoundments at the Site: Mine Pit Dewatering: Mining of the Site utilizes dewatering trenches around the perimeter of the toe of mining slope to facilitate dry mining. Water is directed into a pump basin (i.e., sedimentation pond) within the pit to settle out fines prior to being pumped for discharge (via enclosed pipe or dewatering trench) to the South Platte River at approved Outfalls 001-A or 003-A. Wash Plant: Wash plant water is recycled in a continuous loop using on -site sedimentation ponds. Water for the wash plant is pumped from an on -site sedimentation pond. The used wash plant water is directed to another on -site sedimentation pond to allow suspended sediment to settle out. The settled wash plant water is then transferred Chavers Mining Resource DRMS Permit No. M-2015-030 Amendment No. 2 (AM -02) February 2023 Page 4 back to the initial sedimentation pond to be re -used by the wash plant. Settled fines from used wash plant process water sedimentation pond will be excavated and used as backfill. Industrial Well: In addition to sand and gravel pit mining, a concrete production plant is located on Cell 1 at the Site. The concrete production plant utilizes groundwater from the on -site industrial alluvial well (Well Permit No. 80120-F) located near the southeast corner of the Site. ASCI maintains replacement water lease(s) and approved Substitute Water Supply Plan (SWSP) through the Division of Water Resources (DWR) annually to account for out -of -priority depletions resulting from the water diversions and impoundments. 6.4.4 (D) SIZE OF AREA(S) TO BE WORKED ON AT ANY ONE TIME The maximum size of pit areas to be worked on at any one-time is approximately 20 acres. 6.4.4 (E) APPROXIMATE TIMETABLE FOR MINING OPERATION Approximately 75 -acres are mineable at the Chavers Mining Resource. The ±75 mineable acres has been divided into six (6) mining cells (Cell 1 through Cell 6). Cell 1 (approx. 4 acres) has already been mined and backfilled. The mining operation is estimated to last for another 8 years; however, this could vary depending upon market conditions. Multiple cells may be exposed at one-time for concurrent mining and backfilling operations. Mining Cell Size of Mining Cell pproximate Time Until Mining Complete Cell 1 4 acres Complete Cell 2 8 acres 2 Years (in 2024) Cell 3 32 acres 1 Year (in 2023) Cell 4 23 acres 6 Years (in 2028) Cell 5 4 acres 8 Years (in 2030) Cell 6 4 acres 8 Years (in 2030) Total 75:acres 8 Years (in 2030) 6.4.4 (F) STRATIGRAPHY 6.4.4 (F)(i) Nature of Deposit The average overburden thickness is approximately 3.5 to 4.0 ft. The topsoil portion of the overburden typically ranges from 12 to 24 -inches in depth. The sand and gravel deposit varies in thickness, but the average thickness is approximately 28 feet. It varies from sandy lean clay in the Chavers Mining Resource DRMS Permit No. M-2015-030 Amendment No. 2 (AM -02) February 2023 Page 5 upper zones, to coarse clayey sand and sand with gravel nearer the bedrock. The gravel typically found in this area has a history for being processed into high -quality aggregate construction materials including concrete and asphalt. 6.4.4 (F)(ii) Nature of Stratum beneath Deposit The strata underlying the sand and gravel deposit is a claystone bedrock. 6.4.4 (G) COMMODITIES MINED/EXTRACTED AND INTENDED USE The primary commodity is sand and gravel to be used for the construction industry. 6.4.4 (H) INCIDENTAL PRODUCTS MINED/EXTRACTED AND INTENDED USE There are no incidental commodities. 6.4.4 (I) EXPLOSIVES No explosives will be used for the mining operation. 6.4.4 (J) DIMENSIONS OF EXISTING OR PROPOSED ROADS No existing or proposed roads are associated with the mining operation. Chavers Mining Resource DRMS Permit No. M-2015-030 Amendment No. 2 (AM -02) February 2023 Page 6 6.4.5 EXHIBIT E — RECLAMATION PLAN 6.4.5 (1) PREPARATION OF THE RECLAMATION PLAN This revised reclamation plan includes specific details related to final reclamation of the Site as rangeland use after backfilling. Specific information contained in this document includes final grading, seeding, fertilizing, revegetation, topsoiling, and weed control. 6.4.5 (2) RECLAMATION PLAN REQUIREMENTS 6.4.5 (2)(a) Description of Reclamation Plan Reclamation of the Site will return the land to rangeland use after backfilling. The benefits of this plan include: Creating usable property for agriculture use. Increasing the visual attractiveness of the Site and surrounding area. Providing private entities an alternative for disposal of clean materials (e.g., basement over -excavations for housing developments). Increased employment opportunities created by the backfill operations and reclamation of this Site. Should ASCI decide to sell the property after reclamation is complete, this plan will allow for long-term flexibility when evaluating future development options. This could result in revenue to the City of Fort Lupton and the State in future taxes pending the redevelopment plan by a new owner. Of the 95 -acre permit area for the Chavers Mining Resource, approximately 75 of the acres are mineable. ASCI is expanding the affected area ±75 acres to ±87 acres for surface use disturbances only (no change to the ±75 acres to be mined will occur). The ±75 mineable acres has been divided into six (6) mining cells (Cell 1 through Cell 6). Cell 1 (approx. 4 acres) has already been mined and backfilled as it is the location of the existing concrete plant. With this amendment (AM -02), reclamation of the remaining ±71 acres (i.e., Cells 2 - 6) will also be backfilled and the entire ±87 acres reclaimed for rangeland use. Backfill Material: Backfill material will consist of on -site overburden, on -site crusher fines, wash plant fines, and imported clean, uncontaminated material consistent with the Construction Material Rule No. 1, Section 1.1 (22). It is ASCI's intention to use primarily native/natural earth and aggregate materials (i.e., sand, gravel, and rock) for backfill material. It is especially important to ASCI that only clean, uncontaminated materials are delivered to the Site. All backfill materials generated off -site will be delivered by reputable pre -approved contractors that have a history of working with ASCI and will adhere to the Site rules and guidelines. ASCI will collaborate with the Chavers Mining Resource DRMS Permit No. M-2015-030 Amendment No. 2 (AM -02) February 2023 Page 7 contractors to obtain assurances that backfill materials are free of contaminants and are native or natural materials. ASCI will exercise every effort to learn as much as reasonably possible about the backfill materials received at the Site to ensure that those materials are free of contaminants. All backfill materials will be inspected upon entry to the Site and while being unloaded using visual and/or olfactory methods to ensure no potentially contaminated materials are received. If evidence of possible contamination is observed, loads will be rejected and will not be allowed to be left on -site by the contractor. No contaminated materials will be accepted or allowed on -site. Any asphalt or concrete materials received will continue to be diverted to the recycled aggregate materials operation at the Site. Backfilling Process: After an area of the property has been mined of sand and gravel, backfilling operations will begin once they can be safely conducted. ASCI will conduct backfill operations concurrent with mining operations whenever possible. ASCI will not exceed exposed active mining and backfill pit areas of approximately 20 acres at any one- time. Backfill material will be imported to the Site with articulated dump trucks and/or highway dump trucks. The material will be placed and spread in one (1) to two (2) -foot lifts using haul trucks, bulldozers, excavators, and/or loaders. Compaction will take place during the filling process, as haul trucks and heavy equipment traverse over the fill. Temporary excavation slopes and temporary stockpiled material slopes may range from 1:1 to 3:1 depending on soil conditions in the mine. All slopes will be maintained for site safety and to minimize material erosion. Areas will be backfilled to a rough grade (i.e., within approximately 2 - 3 feet of final grade). Grading and Topsoil: Once the backfill is near rough grade across the Site, the surface contours of the affected area will be graded to approximately six (6) inches below the final grade across the Site. After contour grading is complete, a topsoil cover approximately six (6) inches thick will be placed on top of the backfill to reach topographic elevations prior to mining (i.e., final grade). The final grade will control water runoff, erosion, and siltation to protect all areas outside the mine and allow surface drainage to flow gently as sheet flow to the northeast, consistent with pre -development drainage. To ensure grading requirements are met, elevations will be checked periodically by ASCI during the reclamation process. This will continue until the final grade is achieved with backfill materials and topsoil cover. A final topography survey will be conducted by ASCI after topsoil has been placed, but before seeding occurs to ensure that the Site topography is at pre -mining elevations and sloped for positive drainage. All surveys will be conducted by aerial drone. The allowable vertical variation will be approximately one (1) foot given that the final topography will be slightly undulating in areas to mimic the original landform. Once topography across the Site is within acceptable limits, ASCI will Chavers Mining Resource DRMS Permit No. M-2015-030 Amendment No. 2 (AM -02) February 2023 Page 8 proceed with the revegetation process. The approximate final contours of the Site are shown on Exhibit F - Reclamation Plan Map. ■ Seeding and Growth Monitoring: The topsoil layer will be seeded with a native grass seed mix to return the property to rangeland use. Growth of the grass will be monitored quarterly to ensure a successful transition back to rangeland use. 6.4.5 (2)(b) Land Uses in the Vicinity Reclamation to rangeland land is a positive and useful post -closure land use that is compatible with surrounding uses which include multiple sand and gravel mines, oil and gas industry sites, and other rangeland/agricultural lands. 6.4.5 (2)(c) Reclamation Performance Standards The following sections describe how this reclamation plan meets applicable requirements of Construction Materials Rule No. 3, Section 3.1 Reclamation Performance Standards. RULE 3: Section 3.1 - Reclamation Performance Standards 3.1.1 Establish Post Mining Land Use: The post -mining land use shall return the property to rangeland use. The Site is currently zoned Agricultural by the City of Fort Lupton. 3.1.2 Reclaiming Substituted Land: Not Applicable 3.1.3 Time Limited and Phased Reclamation: A phased reclamation approach will be implemented. Reclamation will occur in two (2) phases: Reclamation Phase 1: Backfill — Reclamation Phase 1 will backfill excavated Cells 2 — 6 with on -site overburden, crusher fines, wash plant fines, and imported clean, uncontaminated material. Backfill will occur concurrently with mining whenever possible; however, backfill will continue after mining is complete. Reclamation Phase 1 will be complete when backfill of the entire Site is within approximately 2 - 3 feet of final grade as indicated by ASCI survey. Should completion of Reclamation Phase 1 not be feasible within five (5) years from the date ASCI informs the DRMS that all material extraction and stockpile removal is complete, an extension will be submitted based on the remaining backfill volume required at that time. Reclamation Phase 2: Grading, Topsoil, Seeding, and Growth Monitoring — In Reclamation Phase 2, ASCI will remove existing structures, grade Site contours for the +87 acres of affected area to approximately six (6) inches below the final grade, and place a final cover topsoil layer approximately six (6) inches thick across the affected area. Changes to topography will be made as necessary until the final grade is within acceptable limits and returned to pre -mining elevations. Once final grade is achieved, site seeding, fertilizing, and mulching will occur in the Chavers Mining Resource DRMS Permit No. M-2015-030 Amendment No. 2 (AM -02) February 2023 Page 9 subsequent fall season. Growth and progress of the grass will be monitored quarterly to ensure a successful transition back to rangeland use. It is anticipated that a successful transition will occur within five (5) years from the date ASCI informs the DRMS that Reclamation Phase 2 has commenced. 3.1.4 Public Use: The public will not be allowed on the land while mining and reclamation activities are in progress. After reclamation is complete and the bond released, the public will only have access to the land adjacent to the South Platte River that will be dedicated to the City of Fort Lupton. 3.1.5 Reclamation Measures — Materials Handling: Measures will be taken to meet the following requirements. (1) The Site will be graded to the approximate topographic elevations prior to mining. The approximate final contours of the Site are shown on Exhibit F - Reclamation Plan Map. (2) No toxic or acid-forming materials will be included in backfill material. All backfill materials will be compacted during the filling process. (3) Grading will be done to control erosion and siltation on the affected lands and protect outside areas from slides. No high walls will be left exposed. (4) Once backfill activities are complete at the Site, grading will occur as quickly as feasible. (5) No acid-forming or toxic producing materials are associated with materials mined at the Site. On -site refuse is maintained by contracted vendors to control unsightliness and protect the South Platte River drainage system. (6) No drill or auger holes, adits, or shafts are associated with the mining operation. All monitoring wells will be properly abandoned prior to completing reclamation. (7) Contouring the site back to approximate pre-existing topographic elevations will result in maximum slope(s) that are compatible with surrounding conditions and selected land use. (8) The grade of the land will allow for use of farm machinery to traverse the Site. (9) This document, Amendment No. 2 (AM -02), serves as ASCI's notice of intent to backfill using clean, uncontaminated materials generated outside of the approved permit area in addition to materials generated within the permitted area. (a) The location of backfill will occur in Cells 2 — 6. (b) The approximate total volume of backfill material is estimated to be + 3.0 million cubic yards. (c) A signed affidavit certifying that the material is clean and inert, as defined by Rule 1.1(22) is provided as Attachment 1 of this document. Chavers Mining Resource DRMS Permit No. M-2015-030 Amendment No. 2 (AM -02) February 2023 Page 10 (d) Backfill of material generated off -site will commence in 2022/2023 and end at the completion of Reclamation Phase 1 (estimated 2035 - see Section 6.4.5(2)(e)). (e) The backfilled Site will result in a post -mining configuration that is compatible with the post -mining land use (i.e., rangeland) being requested for approval by this Amendment No. 2 (AM -02). (f) The material will be placed and spread in 1 -to -2 -foot lifts using haul trucks, bulldozers, excavators, and/or loaders. Compaction will take place during the filling process, as haul trucks and heavy equipment traverse over the fill. (10) All mined material not compatible for off -site use (e.g., fines) will be backfilled to prevent any release of unauthorized fine material to the surface drainage system. (11) No unauthorized release of pollutants to groundwater will occur from materials mined, handled, or used as backfill within the permit area. No toxic or acid producing materials are used in the mining process. 3.1.6 Water — General Requirements: ASCI will minimize disturbances to the prevailing hydrologic balance and water quality of systems (surface and groundwater) both during and after mining and reclamation phases. (1) Hydrology and Water Quality: ASCI will continue to comply with applicable Colorado water laws and regulations to ensure no injury occurs to existing water rights and maintain water quality standards of the Water Quality Control Commission (WQCC). ASCI will continue to maintain the appropriate permits and plans (e.g., CDPS Discharge Permit, approved Substitute Water Supply Plans [SWSPs]) along with replacement water lease(s) sufficient to cover out -of -priority depletions throughout the mining and reclamation process. (2) No earthen dams will need to be constructed. (3) All surface areas, including spoil piles, will be stabilized to effectively control erosion using appropriate erosion control measures. 3.1.7 Groundwater — Specific Requirements: (1) The Site is located within Classified Area: City of Fort Lupton Wellfield, Weld County (WQCC Regulation No. 42). However, due to only clean materials used as backfill, no adverse impacts to groundwater quality will occur. (2) Not Applicable - The Site is located within a classified area. (3) Not Applicable - The Site is located within classified area. (4) Due to only clean materials used as backfill, no adverse impacts to groundwater quality will occur. Chasers Mining Resource DRMS Permit No. M-2015-030 Amendment No. 2 (AM -02) February 2023 Page 11 (5) Due to only clean materials used as backfill, no adverse impacts to groundwater quality will occur. (6) Due to only clean materials used as backfill, no adverse impacts to groundwater quality will occur. (7) Due to only clean materials used as backfill, no adverse impacts to groundwater quality will occur. (8) Due to only clean materials used as backfill, no adverse impacts to groundwater quality will occur. (9) Groundwater monitoring is not required at the Site. 3.1.8 Wildlife: No threatened or endangered species are present at the Site. (1) Wildlife habitat types currently present include pastureland and the South Platte River riparian corridor. The riparian corridor is outside the mining and backfill areas. (2) Neither habitat creation nor habitat management is part of the reclamation. The land will be returned to rangeland use. 3.1.9 Topsoiling 116(4)(g): (1) Topsoil is maintained on the Site in locations segregated from other spoil piles. All current and future topsoil stockpiles will maintain a vegetative cover to prevent erosion. (2) No woody vegetation is present within affected areas. (3) Topsoil stockpiles are in locations and configurations to minimize erosion and disturbance. (4) If necessary, relocation of topsoil stockpiles will be submitted for approval by way of technical revision. (5) Topsoil will be replaced and graded to mimic pre -mining elevations. No graded slopes with the potential for slippage zones are planned. (6) ASCI is following MLRB and DRMS requirements regarding topsoil suitability at the Site. (7) Reclamation of the Site to rangeland will utilize fertilizers and/or soils amendments, as needed. (8) Vegetative piles will be removed from the Site as part of final reclamation. 3.1.10 Revegetation 116(4)(f): (1) All areas will be revegetated for long-lasting coverage that is capable of self - regeneration using native grasses and forbs. Additional details are provided in Section 6.4.5 (2)(d) Revegetation Plan. (2) Reclamation will not include forest planting. Chavers Mining Resource DRMS Permit No. M-2015-030 Amendment No. 2 (AM -02) February 2023 Page 12 (3) Land will be restored to slopes commensurate for rangeland use and capable for livestock to traverse. (4) Revegetation will consist of native grasses and forbs to provide for the greatest probability of success. Grazing will not occur until revegetation has been established. (5) ASCI will employ appropriate techniques of site preparation to ensure a diverse and long-lasting vegetative cover (e.g., discing, crimping, ripping, mowing, mulching, soil amendments, cover crops, and/or fertilizers). (6) ASCI will monitor progress of revegetation and implement weed control practices as appropriate for any areas infested by noxious weed species. (7) As necessary, temporary dirt access roads and/or fire lanes will be constructed through areas to be planted for planting crews, supervision, and inspection. (8) ASCI will implement final reclamation planting after all other uses of the property are complete. (9) If adverse characteristics of the surface, not feasibly remedied by artificial measures, would seriously inhibit plant growth, planting may be delayed depending upon natural corrective processes over a ten-year period. 3.1.11 Buildings and Structures 116(4)(r): No building or structures are anticipated to be left on -site or constructed as part of the reclamation plan. 3.1.12 Signs and Markers: (1) Throughout the reclamation process, ASCI will maintain a sign at the entrance to the facility and clearly visible from the road with the following information: 1) Name of Operator; 2) Statement that a reclamation permit has been issued by the MLRB; and 3) Permit Number. (2) Throughout the reclamation process, ASCI will maintain monuments/markers clearly identifying the affected area boundaries (3) No alternative plan for identifying affected area boundaries is anticipated. 3.1.13 Spill Reporting: ASCI will notify DRMS of any toxic or hazardous substance spills, including spills of petroleum products, within the permit area that would also be required to be reported to Colorado Department of Public Health and Environment (CDPHE) or other federal, state, and/or local government agency. (1) ASCI will notify DRMS within 24 -hours from when any spill is reported to other agency(ies) with authority over the spill. (2) ASCI will include any relevant information known at the time to assist DRMS in assessing the seriousness of spill impacts. Chavers Mining Resource DRMS Permit No. M-2015-030 Amendment No. 2 (AM -02) February 2023 Page 13 6.4.5 (2)(d) Revegetation Plan The method of revegetation seeding will be by drill seeding. The recommended species composition for the reclamation seed mixture is presented below. Specs ,; (Variety" ' yRate (pis/acre) Native` or Introduced arm or Cool son. Grass Thickspike wheatgrass (Critana) 8.0 to 10.0 Native Cool Sideoats grama (Vaughn) 5.0 to 7.0 Native Warm Switchgrass (Nebraska -28) 4.0 to 6.0 Native Warm Alfalfa (Nomad) 3.0 to 5.0 Introduced N/A Total 20.0 to 28.0 Both Both Notes: pls = Pure Live Seed Based on this seed mixture, an application rate of approximately 20.0 to 28.0 pls/ac will be used. Due to the common use of these grass species in the area, the availability of viable seeds in sufficient quantities is not considered to be an issue. Soil will be disced prior to seeding. Fertilizer be utilized in conjunction with seeding. A standard application of fertilizer will be used and applied at an appropriate rate (e.g., 250 lbs./acre). The total area to be seeded and fertilized is approximately 75 acres. Seeding and fertilizing will be completed as soon as possible after the overburden soil is backfilled, smoothed to conform to the reclamation topography, and the final layer of topsoil is placed and disced. Optimal periods of seeding are in the fall, before the first freeze (before November lst) or in the spring from late -March up to April 30th. A standard application of straw mulch will be used and applied at an appropriate rate (e.g., 2 tons/acre) to the approximately 75 acres. Following revegetation, weed management strategies will be implemented to facilitate and achieve native grassland. Quarterly inspections to monitor revegetation progress and identify weed infestations will be conducted until the reclamation bond is released. ASCI will implement cultural, mechanical, and biological control methods including an aggressive mowing program to prevent the growth and establishment of weeds as mandated by Colorado State Law (C.R.S. Title 35 Article 5.5 Colorado Noxious Weed Act). If needed, chemical/herbicide application will be applied to further control weed infestations. 6.4.5 (2)(e) Schedule for Implementation Reclamation will occur concurrently with mining wherever possible to backfill material into previously mined areas. However, temporary stockpiling may occur for short durations. The anticipated reclamation schedule is presented in the following table. Chasers Mining Resource DRMS Permit No. M-2015-030 Amendment No. 2 (AM -02) February 2023 Page 14 Reclamation Activity . zh'YYb'+v� �iuW, .�"�.��{PJ,�� - Location .. � a �.- .t b� I d����.�u�' i Approxmate Time Until I ..; Complete Reclamation Phase 1: Backfill Cell 2 8 acres 13 years (in 2035) Cell 3 32 acres Cell 4 23 acres Cell 5 4 acres Cell 6 4 acres Reclamation Phase 2: Grading, Topsoil, Seeding, and Growth Monitoring Affected Area 87 acres 18 Years (in 2040) 6.4.5 (2)(f) Description of Reclamation Details (i) Final Grading — Reclamation of affected lands at the Site will be graded to the approximate topographic elevations prior to, mining. The slope gradient is anticipated to range from 0.1% (minimum) to 1% (maximum). The approximate final contours of the site are shown on Exhibit F - Reclamation Plan Map (Figure 6). (ii) Seeding — Information regarding seeding (e.g., types, mixtures, quantities, and expected times for seeding) is presented in Section 6.4.5 (2)(d) Revegetation Plan. (iii) Fertilization — Information regarding fertilization (e.g., type, mixtures, quantities, and time of application) is presented in Section 6.4.5 (2)(d) Revegetation Plan. (iv) Revegetation — Information regarding revegetation (e.g., type of grasses, location, etc.) is presented in Section 6.4.5 (2)(d) Revegetation Plan. (v) Topsoil — Approximately six (6) inches of topsoil will be placed across the affected area and re -seeded as part of the Site reclamation. Chavers Mining Resource DRMS Permit No. M-2015-030 Amendment No. 2 (AM -02) February 2023 Page 15 6.4.6 EXHIBIT F — RECLAMATION PLAN MAP The following Exhibit F - Reclamation Plan Map has been revised to show: (a) The expected physical appearance of the area of the affected lands after reclamation is complete including topographic contour lines after final grading to return the affected lands to pre -mining elevations. 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HEAD EXISTING UTAJTY POLE - • — — — - EXISTING BURIED TELEPHONE LINE - 3-1 d. -- cos Tine BURIED GAS I!I'E • (OSTNG BARBED MIRE FENCE - FASTING EDGE CF GRAVEL ROAD DOSING W COSTMC RIP RAP SPUR OIKE%YEJR STRUCTUPES (COOT) DCSTitNG PROPERTY BOUNDARY DOST.NO ADJOINING PARCEL BOU$DARY - EXISTING SECTION UNE - DOMING RIGHT OF WAY UPIE -EXISTING MAJOR CONTOUR IRE 10FT - EXISRNG i6NOR CONTOUR IM �T MONITOR WELLS LUPTON LAKES INLET AID OUTLET FACILITY STRUCTUIE f0E/'MER WATER) t•' .a►l.a/� i 1 — — — r PROPOSED PERMIT BOUPDARY PROPOSED MINING OAT �- ®OWWOARY PROPOSED IYAXR CONTOUR — IOFT PROPOSED MINOR CONTOUR - 2fT PROPOSED TRAIL DEDICATION TD OTY OF FORT LUPTCN AFFE.:"IEO AREA Bi'XAIOARY PROPOSED TOP504. REPLACEMENT RE —VEGETATION AREA (•-74 /I M* 4 ♦ •a 4 r I I • RECLAMATION NOTES I BACKFILI OE & GAS OPERATION CONCURRENTLY WITH MINING OPERATIONS 2. REPLACE TOPSOIL TO APPROXIMATE DEPTH OF 6 INCHES. 3 . RE -SEED SOIL REPIACE11,EPIT AREAS WITH MOC INDICATED N EXHIBIT E 4. pARIME T WEED CONTROL AS INDICATED IN EXHIBIT E. REVISIONS D�RIwI)ON ts-E af'PYVIEO W W DRAINAGE FLOW W •, WI •N L W W * * '4' v .4 L 4 '1' * y w * 4• I L W b w W 4• w W W PATH " y '4 W W •4 W b •Y 1 W W * Jr * 4 w V W W W * w W W W W W W W W * W W * V W * W 4. W W V. ASPHALT SPECIALTIES CO., INC. 10100 DALLAS STREET HENDRSON, CO 80640 Phone: 303-289-8555 Fax: 303-289-7707 V w 40 W W w 4- v w I W •Y W W W • \ I ��11 � 1•y\I \, It / b b W * W W W 4. W \'. �. \ JI / IL'\.I1 11 / CHAVERS MINING RESOURCE 112 CONSTRUCTION MATERIALS PERMIT AMENDMENT FORT LUPTON, CO con - SCALE 1•u 150' EXHIBIT F RECLAMATION PLAN MAP SCM.E 1 "=150' PRFPa'- ASPHALT SPECIALTIES CO., INC. C - WED BY DK DATE 1/30/2023 Chavers Mining Resource DRMS Permit No. M-2015-030 Amendment No. 2 (AM -02) February 2023 Page 16 6.4.7 EXHIBIT G - WATER INFORMATION 6.4.7(1) IF OPERATION IS NOT EXPECTED TO DIRECTLY AFFECT SURFACE OR GROUNDWATER Not applicable. 6.4.7(2) IF OPERATION IS EXPECTED TO DIRECTLY AFFECT SURFACE OR GROUNDWATER 6.4.7(2)(a) Surface Water and Groundwater Systems Affected by Operation With this Amendment (AM -02), no change will occur to the surface water and groundwater systems directly affected previously identified. Operations at the Chavers Mining Resource affect surface water associated with the South Platte River located to the west of the mine and groundwater associated with the South Platte River alluvial aquifer (i.e., uppermost aquifer). 6.4.7(2)(b) Known Aquifers South Platte River alluvial aquifer (unnamed aquifer). 6.4.7(2)(c) Dewatering Operations and Runoff Mine process water, which includes groundwater from the dewatering operations and stormwater that collects in the mine pit, is directed into a settling basin within the pit to allow fine sediments to settle out before being pumped for discharge to the South Platte River. ASCI will maintain a topography at the Site to direct stormwater runoff from disturbed areas, piled material, and operating surfaces that is not collected in the mine pit to areas within the permit boundary where the water can percolate into the ground. 6.4.7(3) PROJECT WATER REQUIREMENTS ASCI submits SWSPs annually to the Colorado Division of Water Resources (DWR) for approval to refine the estimated project water requirements each year based upon the anticipated site conditions as mining and/or reclamation progresses. The current approved SWSP estimates project water requirements will be 51.20 acre-feet over the 12 -month period covered by the plan (August 2022 to July 2023). 6.4.7(4) REPLACEMENT WATER SOURCES ASCI utilizes a long-standing relationship with the City of Aurora to supply the project water requirements. Currently, ASCI holds a water lease with the City of Aurora to supply replacement water for the Site from 2022 through 2026. ASCI will continue to utilize this relationship throughout mining and reclamation of the mine. Chavers Mining Resource DRMS Permit No. M-2015-030 Amendment No. 2 (AM -02) February 2023 Page 17 6.4.7(5) NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT ASCI has acquired a National Pollutant Discharge Elimination System (NPDES) permit from the Colorado Department of Public Health and Environment (CDPHE) — Water Quality Control Division (WQCD). The Certification Number for the Chavers Mining Resource is COG501603. Chavers Mining Resource DRMS Permit No. M-2015-030 Amendment No. 2 (AM -02) February 2023 Page 18 6.4.12 EXHIBIT L - RECLAMATION COSTS 6.4.12(1) COST ESTIMATE The following table includes the costs of reclamation that would be incurred by the state as broken down into the various major phases of reclamation. 6.4.12(2) ADDITIONAL DATA TO SUBSTANTIATE COST ESTIMATE ASCI will provide additional, reasonable data to substantiate the estimate of the cost of reclamation for all Affected Lands, if requested. Chavers Mining Resource DRMS Permit No. M-2015-030 EXHIBIT L - Reclamation Costs for Rangelend Use After Backfill Reclamation Tasks (Direct Costs) Task Description Cost Task 001 Mob/Demob $2,167.65 Task 002 Dewatering Pump Operation [Backfill 20 acres until 2 feet above Groundwater] $65,656.00 Task 003 Backfill [20 acres] $217,541.59 Task 004 Topsoil [87 acres] $79,979.04 Task 005 Finish Grade [87 acres] $6,687.83 Task 006 Revegetation [87 acres] $82,968.41 Direct SubTotal = $455,000.52 Overhead and Profit Liability Insurance 2.02 $9,191.01 Performance Bond 1.05 $4,777.51 Job Superintendent 2.115 $9,623.26 Profit 10 $45,500.05 Total O&P = $69,091.83 Contract Amount (Direct + O&P) I $524,092.35 Reclamation Management (5%) $26,204.62 Total Indirect = Reclamation Management + Total O&P $95,296.45 ITotal Bond Amount = Contract Amount + Indirect I $550,296.97 I Chavers Mining Resource DRMS Permit No. M-2015-030 Amendment No. 2 (AM -02) February 2023 Page 19 6.4.13 EXHIBIT M - OTHER PERMITS AND LICENSES The following table provides an updated list of permits and approvals ASCI holds to conduct mining and reclamation operations. Permit / Approved Plan Permit No. / Approval Date DRMS Permit M-2015-030 CDPS Discharge Permit COG501603 APCD Mine Permit 16WE0619F APCD Recycling Center 17WE0810F DWR Gravel Pit Well Permit 80121-F DWR Industrial Well Permit 80120-F DWR SWSP Plan Year 2022 - 2023 (approved June 27, 2022) Fort Lupton Special Use Permit Resolution No. 2019R043 Fort Lupton Annexation Ordinance Nos. 2015-993 & 2019-1051 Fort Lupton Zoning Ordinance No. 2019-1052 Chavers Mining Resource DRMS Permit No. M-2015-030 Amendment No. 2 (AM -02) February 2023 Page 20 6.4.17 EXHIBIT Q - PROOF OF MAILING NOTICES TO BOARD OF COUNTY COMMISSIONERS AND CONSERVATION DISTRICT The following documentation is proof that notice of the permit amendment application was sent to the Board of County Commissioners and to the Board of Supervisors of the local Conservation District, pursuant to Rule 1.6.2(1)(a)(ii). NOTICE OF FILING AMENDMENT APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR A REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF COUNTY COMMISSIONERS Weld COUNTY Asphalt Specialties Co., Inc. (the "Applicant/Operator") has applied for an amendment to the Regular (112) reclamation permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials operations in Weld County. The attached information is being provided to notify you of the location and nature of the proposed amendment. All changes to the existing permit are on file with the Division of Reclamation, Mining, and Safety (the "Division") and the local county clerk and recorder. The applicant/operator proposes to reclaim the affected land to rangeland use. Pursuant to Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Board of County Commissioners before approving of the post -mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the application within twenty (20) days of the date of last publication of notice pursuant to Section 34-32.5-112(10), C.R.S. If you would like to discuss the proposed post -mining land use, or any other issue regarding this amendment application, please contact the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567. I, (Printed Name) received the above notification and the associated application on behalf of the Weld County Board of Commissioners on , 2023. , 2023 Signature RECEIVED FEB 01 2023 WELD COUNTY COMMISSIONERS NOTICE OF FILING AMENDMENT APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR A REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF SUPERVISORS OF THE LOCAL CONSERVATION DISTRICT PLATTE VALLEY CONERVATION DISTRICT Asphalt Specialties Co., Inc. (the "Applicant/Operator") has applied for an amendment to the Regular (112) reclamation permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials operations in Weld County. The attached information is being provided to notify you of the location and nature of the proposed amendment. All changes to the existing permit are on file with the Division of Reclamation, Mining, and Safety (the "Division") and the local county clerk and recorder. The applicant/operator proposes to reclaim the affected land to rangeland use. Pursuant to Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Conservation District before approving of the post -mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the application within twenty (20) days of the date of last publication of notice pursuant to Section 34-32.5-112(10), C.R.S. If you would like to discuss the proposed post -mining land use, or any other issue regarding this amendment application, please contact the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567. I, \ VYI re uS (Printed Name) received the above notification and the associated application on behalf of the Board of Supervisors of the Platte Valley Conservation District on Rio ► , 2023. Otinite--4rzf t Signature J Feb , 2023 Chavers Mining Resource DBMS Permit No. M-2015-030 Amendment No. 2 (AM -02) February 2023 Page 21 6.4.18 EXHIBIT R — PROOF OF FILING WITH COUNTY CLERK & RECORDER The following affidavit/receipt indicates the date on which the application was placed with the local County Clerk and Recorder for public review, pursuant to Rule1.6.2(1)(c). NOTICE OF FILING AMENDMENT APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR A REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION Filing for Public Inspection with the Weld County Clerk and Recorders Office The attached information is being provided for public review of the location and nature of the proposed amendment to the operation. All changes to the existing permit are on file with the Division of Reclamation, Mining, and Safety (the "Division") and the Weld County Clerk and Recorder. PUBLIC NOTICE Asphalt Specialties Co., Inc. whose address and phone number is 10100 Dallas Street, Henderson, Colorado 80640 / (303) 289-8555 has filed an amendment application to the existing Regular (112) Construction Materials Operation Reclamation Permit from the Colorado Mined Land Reclamation Board under provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials. The mine is known as the Chavers Mining Resource and is located at or near Section 18, Township 1 North, Range 66 West, 6th Prime Meridian in Weld County, Colorado. The mine commenced operation in July 2016, and the proposed date of completion is November 2044. The proposed future use of the land is rangeland. Additional information and tentative decision date may be obtained from the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567, or at the Weld County Clerk and Recorder's office at 1250 H Street, Greeley, Colorado 80631, or the above -named applicant. I, (Printed Name) received the above notification and the associated application on behalf of the Weld County Clerk and Recorder on , 2023. , 2023 Signature Chavers Mining Resource DRMS Permit No. M-2015-030 Amendment No. 2 (AM -02) February 2023 Page 22 6.4.18 EXHIBIT S - PERMANENT MAN-MADE STRUCTURES One (1) additional structure, the Denver Water Lupton Lakes Inlet and Outlet Facility, has been constructed within 200 feet of the affected land requiring a structure agreement. No change to previous structure agreements are required. The following is a copy of the Structure Agreement between ASCI and Denver Water. Structure Aereeniient This letter has been provided to you as the owner of a structure on or within two hundred (200) feet of a mine site. The State of Colorado, Division of Reclamation, Mining and Safety ("Division") requires that where a mining operation will adversely affect the stability of any significant, valuable and permanent man-made structure located within two hundred (200) feet of the affected land, the Applicant shall either: a) Provide a notarized agreement between the Applicant and the Person(s) having an interest in the structure, that the Applicant is to provide compensation for any damage to the structure; or b) Where such an agreement cannot be reached, the Applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or c) Where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility. (Construction Materials Rule 6.3.12 and Rule 6.4.19 & Hard Rock/Metal Mining Rule 6.3.12 and Rule 6.4.20) The Colorado Mined Land Reclamation Board ("Board") has determined that this form, if properly executed, represents an agreement that complies with Construction Materials Rule 6.3.12(a), Rule 6.4.19(a), and C.R.S. § 34-32.5-115(4)(e) and with Hard Rock/Metal Mining Rule 6.3.12(a), Rule 6.4.20(a), and C.R.S. § 34-32-115(4)(d). This form is for the sole purpose of ensuring compliance with the Rules and Regulations and shall not make the Board or Division a necessary party to any private civil lawsuit to enforce the terms of the agreement or create any enforcement obligations in the Board or the Division. The following structures are located on or within 200 feet of the proposed affected area: 1. Denver Water — Lupton Lakes Inlet and Outlet Facility 2. 3. 4. 5. (Please list additional structures on a separate page) CERTIFICATION The Applicant, Asphalt Specialties. Co.. Inc., by Daniel W. Hunt, as President, does hereby certify that Denver Water shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Chavers Mining Resource, File Number M-2015-030. This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the Extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this form NOTARY FOR PERMIT APPLICANT ACKNOWLEGED BY: Applicant Representative Name �� n ie I W. 14.44 - Date A/ a , frbex.17,,2a�. STATE OF co 1 o Kacl ) ss. COUNTY OF 4 jams ) Title I e S,de„+ The foregoing was acknowledged before me this 170day of /brew, b.e4e, 202 by ✓ cv ! W Jx4 c Noxary Public T :ci+- of 14se W :.14 -:es C. . My Commission Expires: /4Oo? q, ,2OA2st JAN NELSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19994090627 My Commission Expires ApsO 29.2024 NOTARY FOR STRUCTURE OWNER ACKNOWLEGED Structure Own - r Date e,Ivpti l (441d-________ Name ATh'I fte R b EM A }�.. Title DtIk6cfbL DP EnlSINC—. °lA —PgbP STATE OF C o 11), ,d o ) ss. COUNTY OF biz - v t2 ) The foregoing was acknowledged before me this day of U0 vt n. I s, , 20 22, by as �G r� �� ., e e •r n� r Op of [�-��,r.v �.F 'V`, . Public GI AWRY NOTARY PLASM STATE OF COLORADO NOTARY O 20144000092 MY COMMISSION EI SFEIRIMRYX.2021 My Commission Expires: 4 - 4 tl' - a( ATTACHMENT 1 AFFIDAVIT FOR CLEAN MATERIAL BACKFILL AFFIDAVIT I, Daniel W. Hunt of Asphalt Specialties Co., Inc. (ASCI) hereby certify that only clean and inert material will be imported at Chavers Mining Resource (DRMS Permit No. M- 2015-030). All material will adhere to the Division's defmition of Inert Material as defined in Rule 1.1(22). Darnel W. Hunt, President Asphalt Specialties Co., Inc. State of Colorado ) )ss County of ,¢,�(a„►, s ) The foregoing instrument was acknowledged before me this ! $ ay of /Vo V . , 20 , by Dan i 4 t/ ≥ ss as 13te,s;;czn 1Cr2-41y Notf j ublic My Commission expires: JAN NELSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19994030627 MY Commission Expires April 29, 2024 11 STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 RECEIVED NOV 2 2 2022 WELD COUNTY COMMISSIONERS CONSTRUCTION MATERIALS REGULAR (112) OPERATION RECLAMATION PERMIT APPLICATION FORM COLORADO DIVISION OF RECLAMATION MINING SAFETY CHECK ONE: ❑✓ _ There is a File Number Already Assigned to this Operation Permit # M2,pt5 030 (Please reference the file number currently assigned to this operation) ELNew Application (Rule 1.4.5) a_ Amendment Application (Rule 1.10) Conversion Application (Rule 1.11) Permit # M 2015 Q30 _ (provide for Amendments and Conversions of existing permits) The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts: (1) the application form; (2) Exhibits A -S, Addendum 1, any sections of Exhibit 6.5 (Geotechnical Stability Exhibit; and (3) the application fee. When you submit your application, be sure to include one (1) complete signed and notarized ORIGINAL and one (1) copy of the completed application form, two (2) copies of Exhibits A -S, Addendum 1, appropriate sections of 6.5 (Geotechnical Stability Exhibit, and a check for the application fee described under Section (4) below. Exhibits should NOT be bound or in a 3 -ring binder; maps should be folded to 8 1/2" X 11" or 8 1/2" X 14" size. To expedite processing, please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, ALL information requested below. 1. Applicant/operator or company name (name to be used on permit): Asphalt Specialties Co., Inc. 1.1 Type of organization (corporation, partnership, etc): Corporation 2. Operation name (pit, mine or site name): Chavers Mining Resource 3. Permitted acreage (new or existing site): 95 permitted acres 3.1 Change in acreage (+) 0 acres 3.2 Total acreage in Permit area 95 acres 4. Fees: 4.1 New Application $2,696.00 application fee 4.2 New Quarry Application $3,342.00 quarry application 4.4 Amendment Fee $2,229.00 amendment fee 4.5 Conversion to 112 operation (set by statute) $2,696.00 conversion fee 5. Primary commoditie(s) to be mined: Sand 5.1 Incidental commoditie(s) to be mined: 1. N/A Gravel lbs/Tons/yr 2. lbs/Tons/yr 3. / lbs/Tons/yr 4. lbs/Tons/yr 5. / lbs/Tons/yr 5.2 Anticipated end use of primary commoditie(s) to be mined: Aggregate road base, asphalt and concrete. 5.3 Anticipated end use of incidental commoditie(s) to be mined: N/A Po bl C Reu`,ec,J 12/0S122 Co:PL(TP/HtJ/DAVW(CiI/ER/fk) 12/01/22 2022-3334 -2- 6. Name of owner of subsurface rights of affected land: Hunt Brothers Properties, Inc. If 2 or more owners, "refer to Exhibit O". 7. Name of owner of surface of affected land: Hunt Brothers Properties, Inc. 8. Type of minion operation: _Z Surface El Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN (check one): El 6th (Colorado) 10th (New Mexico) 12. Ute SECTION (write number): S 18 TOWNSHIP (write number and check direction): T 1 El North [3 South RANGE (write number and check direction): R 66 El East J • ] West QUARTER SECTION (check one): D 1:413.; On ID SW QUARTER/QUARTER SECTION (check one): NE LI NW SE = SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): Approx. 2 -miles south of the City of Fort Lupton at the NW of the intersection of HWY 85 & County Road 8. Approx. Elevation = 4,918 ft amsl 10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (N) 39° 44' 12.98" (W) 104° 59' 3.87" Latitude (N): deg min sec (2 decimal places) Longitude (W): deg min sec (2 decimal places) OR Example: (N) 39.73691° (W) -104.98449° Latitude (N) 40 .04395 (5 decimal places) Longitude(W) -104 82234 (5 decimal places) OR Universal Tranverse Mercator (UTM) Example: 201336.3E NAD27 Zone 13 4398351.2 N UTM Datum (specify NAD27, NAD83 or WGS 84) Nad 83 Zone 13 Easting Northing -f -3- 1 1. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Contact's Name: Daniel Hunt Company Name: Asphalt Specialties Co., Inc. Street/P.O. Box: 10100 Dallas Street City: Henderson State: Colorado Telephone Number: (303 ) _ 289-8555 Fax Number: (303 ) _ 289-7707 PERMITTING CONTACT (if different from applicant/operator above) Greg Geras Title: Land Resource Manager Contact's Name: Company Name: Street/P.O. Box: City: State: Telephone Number: Fax Number: INSPECTION CONTACT Contact's Name: Company Name: Street/P.O. Box: City: State: Telephone Number: Fax Number: Title: President P.O. Box: Zip Code: 80640 Asphalt Specialties Co., Inc. 10100 Dallas Street Henderson P.O. Box: Colorado (303 ) _ 289-8555 (303 ) _ 289-7707 Greg Geras Asphalt Specialties Co., Inc. Zip Code: 80640 Title: Land Resource Manager 10100 Dallas Street Henderson P.O. Box: Colorado (303 ) _ 289-8555 I3O ) _ 289-7707 CC: STATE OR FEDERAL LANDOWNER (if any) N/A Agency: Street: City: State: Telephone Number: Zip Code: 80640 Zip Code: ( ) CC: STATE OR FEDERAL LANDOWNER (if any) N/A Agency: Street: City: State: Telephone Number: Zip Code: ( )- 4 -4- 12. Primer future (Post -mining) land use (check one): b Cropland(CR) Pastureland(PL) J General Agriculture(GA) Rangeland(RL) _O Forestry(FR) Wildlife Habitat(WL) Residential(RS) 13 Recreation(RC) Industrial/Commercial(IC) ElDeveloped Water Resources(WR) n Solid Waste Disposal(WD) 13. Prima resent land use check one Ill Cropland(CR) U Pastureland(PL) General Agriculture(GA) ✓1 Rangeland(RL) a Forestry(FR) Wildlife Habitat(WL) BResidential(RS) U Recreation(RC) Industrial/Commercial(IC) Developed Water Resources(WR) 14. Method of Mining: Briefly explain mining method (e.g. truck/shovel): Dry mining with excavators, loader, and haul trucks to mine the aggregate resource. 15. On Site Processing: .l Crushing/Screening 13.1 Briefly explain mining method (e.g. truck/shovel): A loader will feed aggregate materials into a horizontal impact crusher and aggregate screening plant. List any designated chemicals or mid -producing materials to be used or stored within permit area: N/A 16. Description of Amendment or Conversion: If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s). Revise reclamation plan from the currently approved sealed water storage reservoir to agricultural use after backfill. -5 - Maps and Exhibits: Two (2) complete, unbound application packages must be submitted. One complete application package consists of a signed application form and the set of maps and exhibits referenced below as Exhibits A -S, Addendum 1, and the Geotechnical Stability Exhibit. Each exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ease of reference. If separate documents are used as appendices, please reference these by name in the exhibit. With each of the two (2) signed application forms, you must submit a corresponding set of the maps and exhibits as described in the following references to Rule 6.4, 6.5, and 1.6.2(tXb): EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H EXHIBIT I EXHIBIT J EXHIBIT K EXHIBIT L EXHIBIT M EXHIBIT N EXHIBIT O EXHIBIT P EXHIBIT Q EXHIBIT R EXHIBIT S Rule 1.6.2(1)(b) Rule 6.5 Legal Description Index Map Pre -Mining and Mining Plan Map(s) of Affected Lands Mining Plan Reclamation Plan Reclamation Plan Map Water Information Wildlife Information Soils Information Vegetation Information Climate Information Reclamation Costs Other Permits and Licenses Source of Legal Right -To -Enter Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined Municipalities Within Two Miles Proof of Mailing of Notices to County Commissioners and Conservation District Proof of Filing with County Clerk or Recorder Permanent Man -Made Structures ADDENDUM 1 - Notice Requirements (sample enclosed) Geotechnical Stability Exhibit (any required sections) The instructions for preparing Exhibits A -S, Addendum 1, and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule 1.6.2(1)(b) of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required, or would like to schedule a pre -application meeting you may contact the Office at 303-866-3567. Responsibilities as a Permittee: Upon application approval and permit issuance, this application becomes a legally binding document. Therefore, there are a number of important requirements which you, as a permittee, should fully understand. These requirements are listed below. Please read and initial each requirement, in the space provided, to acknowledge that you understand your obligations. If you do not understand these obligations then please contact this Office for a full explanation. 1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; { -6- 6;1-. 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information contained in the application or your permit misrepresent important material facts; 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties, to you as permittee can result; 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office; 5. It is your responsibility to notify the Office of any changes in your address or phone number; 6. Upon permit issuance and prior to beginning on -site mining activity, you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information (Rule 3.1.12): a. the name of the operator, b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, c. the permit number. 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance. 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Construction Material Rules and Regulations in effect at the time the permit is issued. 9. Annually, on the anniversary date of permit issuance, you must submit an annual fee as specified by Statute, and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held For example, a permit with the anniversary date of July 1, 1995, the annual fee is for the period of July 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as the permittee, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. 10. For joint venture/partnership operators: the signing representative is authorized to sign this document and a power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application. -7 - NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions, changes, and deletions to this document prior to final decision by the Office. Therefore, if you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what changes may have been made to the application document. The Office is not allowed to consider comments, unless they are written, and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process, you may contact the Office at (303) 866-3567. -8 - Certification: As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1. To the best of my knowledge, all significant, valuable and permanent man-made structure(s) in existence at the time this application is filed, and located within 200 feet of the proposed affected area have been identified in this application (Section 34-32.5-115(4)(e), C.R.S.). 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115(4)(f), C.R.S.; 3. As the applicant/operator, I do not have any extraction/exploration operations in the State of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section 34-32.5-120, C.R.S.) as determined through a Board fmding. 4. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112,C.RS., of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to section 34-32.5-123, CRS. .N Signed and dated this 18 day of Alin cn V e »1 be r , . ba 1 + i+i es G o. Applicant/Operator or Company Name Signe ' Title: President State of Co I n tt.cecXo )ss. County of Ada., The foregoing instrument was acknowledged before me this day of Ne a ern, o e,e 020,2,2, by Dcs .e.1 W. }f as Vices; + of/ISel.. 4--Seeri'ui4fe_s Co • JAN NELSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 16994030527 My Commission Expires April 29, 2024 No ta''v Public My Commission expires: Aperl NOTICE This site known as the Chavers Mining Resource is the location of a construction materials operation. Asphalt Specialties Co., Inc. whose address and phone number is 10100 Dallas Street, Henderson, Colorado 80640 / (303) 289-8555 has applied for an amendment to the existing Reclamation Permit with the Colorado Mined Land Reclamation Board. Anyone wishing to comment on the application may view the application at the Weld County Clerk and Recorder's Office, 1250 H Street, Greeley, Colorado 80631, and should send comments prior to the end of the public comment period to the Division of Reclamation, Mining, and Safety, 1313 Sherman St, Room 215, Denver, Colorado 80203. Certification: I, Greg Geras, hereby certify that I posted a sign containing the above notice for the proposed permit area known as the Chavers Mining Resource, on November 22, 2022. 1'J0ve4,y it , 2022 DATE NOTICE THIS SITE KNOWN AS THE CNAAY€RS 11812E RILE! IS THE LIMN 01 A CONSTRUCTION MATEITAIS OPERATION ASPHALT SPLUTAUIES CL E. *HOSE ADDRESS AND PHONE NUXHEU ES 10100 DALLAS sniff!. HENDERSON. COMM! 80640 I (303) M-8555 HAS PhD fOE At ANIMIST TO WE iliS11Nw RECLAKATIOA PERM NI1H NI CORUM% PINED IMP REECtJJ1A1IO4( SOAAD. ANYONE MI)SHIKG 1O COMMENT WI 1HE APPitI.CATION KAY VD TTY APPLICATION AT THE MID COUNTY CM AND RECOITARI DITtU. T?50 STKET. COLORADO 80631, AND SHOULD SEIIB COMMENTS PItMOR TO11€ LXD t& IEEE PUtZ COMMEK1 PERIOD TO THE MIMI Of RECLAMATION. I U ,, At 9J TY, 013 SHERMAN ST. ROOM 215. DENVER. CUOMO 40203. Sign posted on 11/22/22 on -site at mine access and adjacent to County Road 8. 112 CONSTRUCTION MATERIALS PERMIT AMENDMENT APPLICATION NO.2 (AM -02) FOR DRMS PERMIT NO. M-2015-030 CHAVERS MINING RESOURCE 12367 COUNTY ROAD 8 FORT LUPTON, WELD COUNTY, COLORADO Prepared by: ASPHALT SPECIALTIES CO., INC 10100 DALLAS STREET HENDERSON, COLORADO 80640 303-289-8555 • Fax 303-289-7707 ASPHALT SPECIALTIES CO. November 2022 Chavers Mining Resource DRMS Permit No. M-2015-030 Amendment No. 2 (AM -02) November 2022 Page ii TABLE OF CONTENTS Section Page INTRODUCTION 1 6.4.4 EXHIBIT D - MINING PLAN 2 6.4.4 (A) DESCRIPTION OF THE METHOD(S) OF MINING 2 6.4.4 (B) EARTHMOVING 2 6.4.4 (C) WATER DIVERSIONS AND IMPOUNDMENTS 2 6.4.4 (D) SIZE OF AREA(S) TO BE WORKED ON AT ANY ONE TIME 3 6.4.4 (E) APPROXIMATE TIMETABLE FOR MINING OPERATION 3 6.4.4 (F) STRATIGRAPHY 3 6.4.4 (F)(i) Nature of Deposit 3 6.4.4 (F)(ii) Nature of Stratum beneath Deposit 4 6.4.4 (G) COMMODITIES MINED/EXTRACTED AND INTENDED USE 4 6.4.4 (H) INCIDENTAL PRODUCTS MINED/EXTRACTED AND INTENDED USE 4 6.4.4 (I) EXPLOSIVES 4 6.4.4 (J) DIMENSIONS OF EXISTING OR PROPOSED ROADS 4 6.4.5 EXHIBIT E - RECLAMATION PLAN 5 6.4.5 (1) PREPARATION OF THE RECLAMATION PLAN 5 6.4.5 (2) RECLAMATION PLAN REQUIREMENTS 5 6.4.5 (2)(a) Description of Reclamation Plan 5 6.4.5 (2)(b) Land Uses in the Vicinity 7 6.4.5 (2)(c) Reclamation Performance Standards 7 6.4.5 (2)(d) Revegetation Plan 11 6.4.5 (2)(e) Schedule for Implementation 12 6.4.5 (2)(f) Description of Reclamation Details 13 6.4.6 EXHIBIT F - RECLAMATION PLAN MAP 14 6.4.7 EXHIBIT G - WATER INFORMATION 15 6.4.7(1) IF OPERATION IS NOT EXPECTED TO DIRECTLY AFFECT SURFACE OR GROUNDWATER 15 6.4.7(2) IF OPERATION IS EXPECTED TO DIRECTLY AFFECT SURFACE OR GROUNDWATER 15 6.4.7(2)(a) Surface Water and Groundwater Systems Affected by Operation 15 6.4.7(2)(b) Known Aquifers 15 6.4.7(2)(c) Dewatering Operations and Runoff 15 6.4.7(3) PROJECT WATER REQUIREMENTS 15 6.4.7(4) REPLACEMENT WATER SOURCES 15 6.4.7(5) NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT 16 Chavers Mining Resource DRMS Permit No. M-2015-030 Amendment No. 2 (AM -02) November 2022 Page iii TABLE OF CONTENTS (CONTINUED) Section Page 6.4.12 EXHIBIT L - RECLAMATION COSTS 17 6.4.12(1) COST ESTIMATE 17 6.4.12(2) ADDITIONAL DATA TO SUBSTANTIATE COST ESTIMATE 17 6.4.13 EXHIBIT M - OTHER PERMITS AND LICENSES 18 6.4.17 EXHIBIT Q - PROOF OF MAILING NOTICES TO BOARD OF COUNTY COMMISSIONERS AND CONSERVATION DISTRICT 19 6.4.18 EXHIBIT R - PROOF OF FILING WITH COUNTY CLERK & RECORDER 20 6.4.18 EXHIBIT S - PERMANENT MAN-MADE STRUCTURES 21 ATTACHMENTS ATTACHMENT 1 AFFIDAVIT FOR CLEAN AND INERT MATERIAL BACKFILL Chavers Mining Resource DRMS Permit No. M-2015-030 Amendment No. 2 (AM -02) November 2022 Page 1 INTRODUCTION This Amendment No. 2 (AM -02) has been prepared to revise the reclamation plan for the Asphalt Specialties Co., Inc. (ASCI) Chavers Mining Resource (Site), Colorado Division of Reclamation, Mining, and Safety (DRMS) Permit No. M-2015-030, from the currently approved sealed water storage reservoir to General Agricultural use after backfilling. The Site is located at 12367 County Road 8, Fort Lupton, Weld County, Colorado in Section 18, T1N, R66W. The format of this document is based upon the numbering used in the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials, Effective July 15, 2019 (Construction Materials Rule, 2019), Rule 6: Permit Application Exhibit Requirements, Section 6.4 Specific Exhibit Requirement -112 Reclamation Operation. The following is a list of the specific permit exhibits being amended, partially or entirely, in this permit application to update the reclamation plan and/or remove references to the previous reclamation plan: 6.4.4 Exhibit D — Mining Plan 6.4.5 Exhibit E — Reclamation Plan 6.4.6 Exhibit F — Reclamation Plan Map 6.4.7 Exhibit G — Water Information 6.4.12 Exhibit L - Reclamation Costs 6.4.13 Exhibit M - Other Permits and Licenses 6.4.17 Exhibit Q - Proof of Mailing Notices to Board of County Commissioners and Conservation District 6.4.18 Exhibit R - Proof of Filing with County Clerk & Recorder 6.4.19 Exhibit S - Permanent Man-made Structures Per Construction Materials Rule No. 1, Section 1.10.1(1), applicable information which would duplicate previous submittals has not been included in this application. The following table lists where the currently approved exhibits not being amended can be found: 6,4 Specific Exhibit Requirements -112 Reclamation.Operation Current Approved Version 6.4.1 Exhibit A - Legal Description AM -01 (2017) 6.4.2 Exhibit B - Index Map AM -01 (2017) 6.4.3 Exhibit C - Pre -Mining and Mining Plan Map(s) of Affected Lands AM -01 (2017) & TR-02 (2019) 6.4.8 Exhibit H - Wildlife Information AM -01 (2017) 6.4.9 Exhibit I — Soils Information AM -01 (2017) 6.4.10 Exhibit J — Vegetation Information AM -01 (2017) 6.4.11 Exhibit K — Climate Original Application (2016) 6.4.14 Exhibit N — Source of Legal Right to Enter AM -01 (2017) 6.4.15 Exhibit O — Owners(s) of Record of Affected Land (Surface Area) and Owners of Substance to be Mined AM -01 (2017) 6.4.16 Exhibit P — Municipalities Within Two Miles AM -01 (2017) Chavers Mining Resource DBMS Permit No. M-2015-030 Amendment No. 2 (AM -02) November 2022 Page 2 6.4.4 EXHIBIT D - MINING PLAN 6.4.4 (A) DESCRIPTION OF THE METHOD(S) OF MINING Mining conducted employs conventional aggregate mining techniques including the use of excavators and loaders to excavate topsoil, overburden, and aggregate material. Mining is accomplished by utilizing dewatering trenches around the perimeter of the toe of mining slope to facilitate dry mining. Haul trucks move materials to be processed at a fixed gravel plant located on -site. Finished materials are stockpiled where they are loaded into trucks for removal off -site or to the concrete plant located in the southeastern corner of the site. 6.4.4 (B) EARTHMOVING The mining operation strips topsoil and overburden to expose the underlying raw aggregate material deposit. Topsoil is stockpiled on -site and seeded to establish a vegetated cover to minimize erosion until future reclamation use. Overburden material will be utilized as part of the mine backfill. Overburden material will typically be stockpiled temporarily (i.e., less than one [1] year) and used as backfill of earlier mine excavation areas. However, should mining operations call for overburden materials to be stored over one (1) year, the stockpiles will be seeded with reclamation seed mix to establish a vegetated cover to minimize erosion until future backfill use. The exposed raw aggregate material deposit will then be excavated and processed. The equipment used to conduct the earthmoving activities may include dozers, loaders, excavators, articulated haul trucks, water trucks, and scrapers for the mining and earth moving operations. Aggregate processing equipment includes feeders, a fixed plant gravel plant with crusher and screens, sand screw, wash plant, conveyors, stackers, and other miscellaneous processing equipment. 6.4.4 (C) WATER DIVERSIONS AND IMPOUNDMENTS The following discusses water diversions and impoundments at the Site: Mine Pit Dewatering: Mining of the Site utilizes dewatering trenches around the perimeter of the toe of mining slope to facilitate dry mining. Water is directed into a pump basin (i.e., sedimentation pond) within the pit to settle out fines prior to being pumped for discharge (via enclosed pipe or dewatering trench) to the South Platte River at approved Outfalls 001-A or 003-A. Wash Plant: Wash plant water is recycled in a continuous loop using on -site sedimentation ponds. Water for the wash plant is pumped from an on -site sedimentation pond. The used wash plant water is directed to another on -site sedimentation pond to allow suspended sediment to settle out. The settled wash plant water is then transferred Chavers Mining Resource DRMS Permit No. M-2015-030 Amendment No. 2 (AM -02) November 2022 Page 3 back to the initial sedimentation pond to be re -used by the wash plant. Settled fines from used wash plant process water sedimentation pond will be excavated and used as backfill. Industrial Well: In addition to sand and gravel pit mining, a concrete production plant is located on Cell 1 at the Site. The concrete production plant utilizes groundwater from the on -site industrial alluvial well (Well Permit No. 80120-F) located near the southeast corner of the Site. ASCI maintains replacement water lease(s) and approved Substitute Water Supply Plan (SWSP) through the Division of Water Resources (DWR) annually to account for out -of -priority depletions resulting from the water diversions and impoundments. 6.4.4 (D) SIZE OF AREA(S) TO BE WORKED ON AT ANY ONE TIME The maximum size of pit areas to be worked on at any one-time is approximately 20 acres. 6.4.4 (E) APPROXIMATE TIMETABLE FOR MINING OPERATION Of the 95 -acre permit area for the Chavers Mining Resource, approximately 75 of the acres are mineable. The ±75 mineable acres has been divided into six (6) mining cells (Cell 1 through Cell 6). Cell 1 (approx. 4 acres) has already been mined and backfilled. The mining operation is estimated to last for another 8 years; however, this could vary depending upon market conditions. Multiple cells may be exposed at one-time for concurrent mining and backfilling operations. Mining Cell, ... Size of Nlning'Cell Apgraximate Time Until M$ning Corntplete" Cell 1 4 acres Complete Cell 2 8 acres 2 Years (in 2024) Cell 3 32 acres 1 Year (in 2023) Cell 4 23 acres 6 Years (in 2028) Cell 5 4 acres 8 Years (in 2030) Cell 6 4 acres 8 Years (in 2030) Total 75 acres 8 Years (in 2030) 6.4.4 (F) STRATIGRAPHY 6.4.4 (F)(i) Nature of Deposit The average overburden thickness is approximately 3.5 to 4.0 ft. The topsoil portion of the overburden typically ranges from 12 to 24 -inches in depth. The sand and gravel deposit varies in thickness, but the average thickness is approximately 28 feet. It varies from sandy lean clay in the Chavers Mining Resource DBMS Permit No. M-2015-030 Amendment No. 2 (AM -02) November 2022 Page 4 upper zones, to coarse clayey sand and sand with gravel nearer the bedrock. The gravel typically found in this area has a history for being processed into high -quality aggregate construction materials including concrete and asphalt. 6.4.4 (F)(ii) Nature of Stratum beneath Deposit The strata underlying the sand and gravel deposit is a claystone bedrock. 6.4.4 (G) COMMODITIES MINED/EXTRACTED AND INTENDED USE The primary commodity is sand and gravel to be used for the construction industry. 6.4.4 (H) INCIDENTAL PRODUCTS MINED/EXTRACTED AND INTENDED USE There are no incidental commodities. 6.4.4 (I) EXPLOSIVES No explosives will be used for the mining operation. 6.4.4 (J) DIMENSIONS OF EXISTING OR PROPOSED ROADS No existing or proposed roads are associated with the mining operation. Chavers Mining Resource DRMS Permit No. M-2015-030 Amendment No. 2 (AM -02) November 2022 Page 5 6.4.5 EXHIBIT E - RECLAMATION PLAN 6.4.5 (1) PREPARATION OF THE RECLAMATION PLAN This revised reclamation plan includes specific details related to final reclamation of the Site as general agricultural use after backfilling. Specific information contained in this document includes final grading, seeding, fertilizing, revegetation, topsoiling, and weed control. 6.4.5 (2) RECLAMATION PLAN REQUIREMENTS 6.4.5 (2)(a) Description of Reclamation Plan Reclamation of the Site will return the land to agricultural use after backfilling. The benefits of this plan include: Creating usable property for agriculture use. Increasing the visual attractiveness of the Site and surrounding area. Providing private entities an alternative for disposal of clean materials (e.g., basement over -excavations for housing developments). Increased employment opportunities created by the backfill operations and reclamation of this Site. Should ASCI decide to sell the property after reclamation is complete, this plan will allow for long-term flexibility when evaluating future development options. This could result in revenue to the City of Fort Lupton and the State in future taxes pending the redevelopment plan by a new owner. Of the 95 -acre permit area for the Chavers Mining Resource, approximately 75 of the acres are mineable. The ±75 mineable acres has been divided into six (6) mining cells (Cell 1 through Cell 6). Cell 1 (approx. 4 acres) has already been mined and backfilled as it is the location of the existing concrete plant. With this amendment (AM -02), reclamation of the remaining ±71 acres (i.e., Cells 2 - 6) will also be backfilled and the entire Site returned to general agricultural use. Backfill Material: Backfill material will consist of on -site overburden, on -site crusher fines, wash plant fines, and imported clean, uncontaminated material consistent with the Construction Material Rule No. 1, Section 1.1 (22). It is ASCI's intention to use primarily native/natural earth and aggregate materials (i.e., sand, gravel, and rock) for backfill material. It is especially important to ASCI that only clean, uncontaminated materials are delivered to the Site. All backfill materials generated off -site will be delivered by reputable pre -approved contractors that have a history of working with ASCI and will adhere to the Site rules and guidelines. ASCI will collaborate with the contractors to obtain assurances that backfill materials are free of contaminants and are native or natural materials. ASCI will exercise every effort to learn as much as Chavers Mining Resource DRMS Permit No. M-2015-030 Amendment No. 2 (AM -02) November 2022 Page 6 reasonably possible about the backfill materials received at the Site to ensure that those materials are free of contaminants. All backfill materials will be inspected upon entry to the Site and while being unloaded using visual and/or olfactory methods to ensure no potentially contaminated materials are received. If evidence of possible contamination is observed, loads will be rejected and will not be allowed to be left on -site by the contractor. No contaminated materials will be accepted or allowed on -site. Any asphalt or concrete materials received will continue to be diverted to the recycled aggregate materials operation at the Site. Backfilling Process: After an area of the property has been mined of sand and gravel, backfilling operations will begin once they can be safely conducted. ASCI will conduct backfill operations concurrent with mining operations whenever possible. ASCI will not exceed exposed active mining and backfill pit areas of approximately 20 acres at any one- time. Backfill material will be imported to the Site with articulated dump trucks and/or highway dump trucks. The material will be placed and spread in one (1) to two (2) -foot lifts using haul trucks, bulldozers, excavators, and/or loaders. Compaction will take place during the filling process, as haul trucks and heavy equipment traverse over the fill. Temporary excavation slopes and temporary stockpiled material slopes may range from 1:1 to 3:1 depending on soil conditions in the mine. All slopes will be maintained for site safety and to minimize material erosion. Areas will be backfilled to a rough grade (i.e., within approximately 2 - 3 feet of final grade). Grading and Topsoil: Once the backfill is near rough grade across the Site, the surface contours will be graded to approximately six (6) inches below the final grade across the Site. After contour grading is complete, a topsoil cover approximately six (6) inches thick will be placed on top of the backfill to reach topographic elevations prior to mining (i.e., final grade). The final grade will control water runoff, erosion, and siltation to protect all areas outside the mine and allow surface drainage to flow gently as sheet flow to the northeast, consistent with pre -development drainage. The final grade will allow general agriculture operations, farm machinery, and livestock to traverse the area. To ensure grading requirements are met, elevations will be checked periodically by ASCI during the reclamation process. This will continue until the final grade is achieved with backfill materials and topsoil cover. A final topography survey will be conducted by ASCI after topsoil has been placed, but before seeding occurs to ensure that the Site topography is at pre -mining elevations and sloped for positive drainage. All surveys will be conducted by aerial drone. The allowable vertical variation will be approximately one (1) foot given that the final topography will be slightly undulating in areas to mimic the original landform. Once topography across the Site is within acceptable limits, ASCI will proceed with the revegetation process. The approximate final contours of the Site are shown on Exhibit F - Reclamation Plan Map. Chavers Mining Resource DRMS Permit No. M-2015-030 Amendment No. 2 (AM -02) November 2022 Page 7 ■ Seeding and Growth Monitoring: The topsoil layer will be seeded with a native grass seed mix to return the property to general agricultural use. Growth of the grass will be monitored quarterly to ensure a successful transition back to agricultural use. 6.4.5 (2)(b) Land Uses in the Vicinity Reclamation to general agricultural land is a positive and useful post -closure land use that is compatible with surrounding uses which include multiple sand and gravel mines, oil and gas industry sites, and other agricultural lands. 6.4.5 (2)(c) Reclamation Performance Standards The following sections describe how this reclamation plan meets applicable requirements of Construction Materials Rule No. 3, Section 3.1 Reclamation Performance Standards. RULE 3: Section 3.1- Reclamation Performance Standards 3.1.1 Establish Post Mining Land Use: The post -mining land use shall return the property to general agricultural use. The Site is currently zoned Agricultural by the City of Fort Lupton. 3.1.2 Reclaiming Substituted Land: Not Applicable 3.1.3 Time Limited and Phased Reclamation: A phased reclamation approach will be implemented. Reclamation will occur in two (2) phases: Reclamation Phase 1: Backfill — Reclamation Phase 1 will backfill excavated Cells 2 — 6 with on -site overburden, crusher fines, wash plant fines, and imported clean, uncontaminated material. Backfill will occur concurrently with mining whenever possible; however, backfill will continue after mining is complete. Reclamation Phase 1 will be complete when backfill of the entire Site is within approximately 2 - 3 feet of final grade as indicated by ASCI survey. Should completion of Reclamation Phase 1 not be feasible within five (5) years from the date ASCI informs the DRMS that all material extraction and stockpile removal is complete, an extension will be submitted based on the remaining backfill volume required at that time. Reclamation Phase 2: Grading, Topsoil, Seeding, and Growth Monitoring — In Reclamation Phase 2, ASCI will remove existing structures, grade Site contours to approximately six (6) inches below the final grade, and place a final cover topsoil layer approximately six (6) inches thick across Cells 1 - 6. Changes to topography will be made as necessary until the final grade is within acceptable limits and returned to pre -mining elevations. Once final grade is achieved, site seeding, fertilizing, and mulching will occur in the subsequent fall season. Growth and progress of the grass will be monitored quarterly to ensure a successful transition Chavers Mining Resource DBMS Permit No. M-2015-030 Amendment No. 2 (AM -02) November 2022 Page 8 back to agricultural use. It is anticipated that a successful transition back to agricultural use will occur within five (5) years from the date ASCI informs the DRMS that Reclamation Phase 2 has commenced. 3.1.4 Public Use: The public will not be allowed on the land while mining and reclamation activities are in progress. After reclamation is complete and the bond released, the public will only have access to the land adjacent to the South Platte River that will be dedicated to the City of Fort Lupton. 3.1.5 Reclamation Measures — Materials Handling: Measures will be taken to meet the following requirements. (1) The Site will be graded to the approximate topographic elevations prior to mining. The approximate final contours of the Site are shown on Exhibit F - Reclamation Plan Map. (2) No toxic or acid-forming materials will be included in backfill material. All backfill materials will be compacted during the filling process. (3) Grading will be done to control erosion and siltation on the affected lands and protect outside areas from slides. No high walls will be left exposed. (4) Once backfill activities are complete at the Site, grading will occur as quickly as feasible. (5) No acid-forming or toxic producing materials are associated with materials mined at the Site. On -site refuse is maintained by contracted vendors to control unsightliness and protect the South Platte River drainage system. (6) No drill or auger holes, adits, or shafts are associated with the mining operation. All monitoring wells will be properly abandoned prior to completing reclamation. (7) Contouring the site back to approximate pre-existing topographic elevations will result in maximum slope(s) that are compatible with surrounding conditions and selected land use. (8) The grade of the land will allow for use of farm machinery to traverse the Site. (9) This document, Amendment No. 2 (AM -02), serves as ASCI's notice of intent to backfill using clean, uncontaminated materials generated outside of the approved permit area in addition to materials generated within the permitted area. (a) The location of backfill will occur in Cells 2 — 6. (b) The approximate total volume of backfill material is estimated to be ± 3.0 million cubic yards. (c) A signed affidavit certifying that the material is clean and inert, as defined by Rule 1.1(22) is provided as Attachment 1 of this document. Chavers Mining Resource DRMS Permit No. M-2015-030 Amendment No. 2 (AM -02) November 2022 Page 9 (d) Backfill of material generated off -site will commence in 2022 and end at the completion of Reclamation Phase 1 (estimated 2035 - see Section 6.4.5(2)(e)). (e) The backfilled Site will result in a post -mining configuration that is compatible with the post -mining land use (i.e., general agricultural) being requested for approval by this Amendment No. 2 (AM -02). (f) The material will be placed and spread in 1 -to -2 -foot lifts using haul trucks, bulldozers, excavators, and/or loaders. Compaction will take place during the filling process, as haul trucks and heavy equipment traverse over the fill. (10) All mined material not compatible for off -site use (e.g., fines) will be backfilled to prevent any release of unauthorized fine material to the surface drainage system. (11) No unauthorized release of pollutants to groundwater will occur from materials mined, handled, or used as backfill within the permit area. No toxic or acid producing materials are used in the mining process. 3.1.6 Water — General Requirements: ASCI will minimize disturbances to the prevailing hydrologic balance and water quality of systems (surface and groundwater) both during and after mining and reclamation phases. (1) Hydrology and Water Quality: ASCI will continue to comply with applicable Colorado water laws and regulations to ensure no injury occurs to existing water rights and maintain water quality standards of the Water Quality Control Commission (WQCC). ASCI will continue to maintain the appropriate permits and plans (e.g., CDPS Discharge Permit, approved Substitute Water Supply Plans [SWSPs]) along with replacement water lease(s) sufficient to cover out -of -priority depletions throughout the mining and reclamation process. (2) No earthen dams will need to be constructed. (3) All surface areas, including spoil piles, will be stabilized to effectively control erosion using appropriate erosion control measures. 3.1.7 Groundwater — Specific Requirements: (1) The Site is located within Classified Area: City of Fort Lupton Wellfield, Weld County (WQCC Regulation No. 42). However, due to only clean materials used as backfill, no adverse impacts to groundwater quality will occur. (2) Not Applicable - The Site is located within a classified area. (3) Not Applicable - The Site is located within classified area. (4) Due to only clean materials used as backfill, no adverse impacts to groundwater quality will occur. (5) Due to only clean materials used as backfill, no adverse impacts to groundwater quality will occur. Chavers Mining Resource DRMS Permit No. M-2015-030 Amendment No. 2 (AM -02) November 2022 Page 10 (6) Due to only clean materials used as backfill, no adverse impacts to groundwater quality will occur. (7) Due to only clean materials used as backfill, no adverse impacts to groundwater quality will occur. (8) Due to only clean materials used as backfill, no adverse impacts to groundwater quality will occur. (9) Groundwater monitoring is not required at the Site. 3.1.8 Wildlife: No threatened or endangered species are present at the Site. (1) Wildlife habitat types currently present include pastureland and the South Platte River riparian corridor. The riparian corridor is outside the mining and backfill areas. (2) Neither habitat creation nor habitat management is part of the reclamation. The land will be returned to general agricultural use. 3.1.9 Topsoiling 116(4)(g): (1) Topsoil is maintained on the Site in locations segregated from other spoil piles. All current and future topsoil stockpiles will maintain a vegetative cover to prevent erosion. (2) No woody vegetation is present within affected areas. (3) Topsoil stockpiles are in locations and configurations to minimize erosion and disturbance. (4) If necessary, relocation of topsoil stockpiles will be submitted for approval by way of technical revision. (5) Topsoil will be replaced and graded to mimic pre -mining elevations. No graded slopes with the potential for slippage zones are planned. (6) ASCI is following MLRB and DRMS requirements regarding topsoil suitability at the Site. (7) Reclamation of the Site back to agricultural land will utilize fertilizers and/or soils amendments, as needed. (8) Vegetative piles will be removed from the Site as part of final reclamation. 3.1.10 Revegetation 116(4)(f): (1) All areas will be revegetated for long-lasting coverage that is capable of self - regeneration using native grasses and forbs. Additional details are provided in Section 6.4.5 (2)(d) Revegetation Plan. (2) Reclamation will not include forest planting. (3) Land will be restored to slopes commensurate for agricultural use and capable for livestock to traverse. Chavers Mining Resource DRMS Permit No. M-2015-030 Amendment No. 2 (AM -02) November 2022 Page 11 (4) Revegetation will consist of native grasses and forbs to provide for the greatest probability of success. Grazing will not occur until revegetation has been established. (5) ASCI will employ appropriate techniques of site preparation to ensure a diverse and long-lasting vegetative cover (e.g., discing, crimping, ripping, mowing, mulching, soil amendments, cover crops, and/or fertilizers). (6) ASCI will monitor progress of revegetation and implement weed control practices as appropriate for any areas infested by noxious weed species. (7) As necessary, temporary dirt access roads and/or fire lanes will be constructed through areas to be planted for planting crews, supervision, and inspection. (8) ASCI will implement final reclamation planting after all other uses of the property are complete. (9) If adverse characteristics of the surface, not feasibly remedied by artificial measures, would seriously inhibit plant growth, planting may be delayed depending upon natural corrective processes over a ten-year period. 3.1.11 Buildings and Structures 116(4)(r): No building or structures are anticipated to be left on -site or constructed as part of the reclamation plan. 3.1.12 Signs and Markers: (1) Throughout the reclamation process, ASCI will maintain a sign at the entrance to the facility and clearly visible from the road with the following information: 1) Name of Operator; 2) Statement that a reclamation permit has been issued by the MLRB; and 3) Permit Number. (2) Throughout the reclamation process, ASCI will maintain monuments/markers clearly identifying the affected area boundaries (3) No alternative plan for identifying affected area boundaries is anticipated. 3.1.13 Spill Reporting: ASCI will notify DRMS of any toxic or hazardous substance spills, including spills of petroleum products, within the permit area that would also be required to be reported to Colorado Department of Public Health and Environment (CDPHE) or other federal, state, and/or local government agency. (1) ASCI will notify DRMS within 24 -hours from when any spill is reported to other agency(ies) with authority over the spill. (2) ASCI will include any relevant information known at the time to assist DRMS in assessing the seriousness of spill impacts. 6.4.5 (2)(d) Revegetation Plan The method of revegetation seeding will be by drill seeding. The recommended species composition for the reclamation seed mixture is presented below. Chavers Mining Resource DRMS Permit No. M-2015-030 Amendment No. 2 (AM -02) November 2022 Page 12 Species (Variety) Rate (pls/acre) Native or Introduced Warm or Cool Season Grass Thickspike wheatgrass (Critana) 8.0 to 10.0 Native Cool Sideoats grama (Vaughn) 5.0 to 7.0 Native Warm Switchgrass (Nebraska -28) 4.0 to 6.0 Native Warm Alfalfa (Nomad) 3.0 to 5.0 Introduced N/A Total 20.0 to 28.0 Both Both Notes: pls = Pure Live Seed Based on this seed mixture, an application rate of approximately 20.0 to 28.0 pls/ac will be used. Due to the common use of these grass species in the area, the availability of viable seeds in sufficient quantities is not considered to be an issue. Soil will be disced prior to seeding. Fertilizer be utilized in conjunction with seeding. A standard application of fertilizer will be used and applied at an appropriate rate (e.g., 250 lbs./acre). The total area to be seeded and fertilized is approximately 75 acres. Seeding and fertilizing will be completed as soon as possible after the overburden soil is backfilled, smoothed to conform to the reclamation topography, and the final layer of topsoil is placed and disced. Optimal periods of seeding are in the fall, before the first freeze (before November 1st) or in the spring from late -March up to April 30th. A standard application of straw mulch will be used and applied at an appropriate rate (e.g., 2 tons/acre) to the approximately 75 acres. Following revegetation, weed management strategies will be implemented to facilitate and achieve native grassland. Quarterly inspections to monitor revegetation progress and identify weed infestations will be conducted until the reclamation bond is released. ASCI will implement cultural, mechanical, and biological control methods including an aggressive mowing program to prevent the growth and establishment of weeds as mandated by Colorado State Law (C.R.S. Title 35 Article 5.5 Colorado Noxious Weed Act). If needed, chemical/herbicide application will be applied to further control weed infestations. 6.4.5 (2)(e) Schedule for Implementation Reclamation will occur concurrently with mining wherever possible to backfill material into previously mined areas. However, temporary stockpiling may occur for short durations. The anticipated reclamation schedule is presented in the following table. Chavers Mining Resource DRMS Permit No. M-2015-030 Amendment No. 2 (AM -02) November 2022 Page 13 Reclamation Activity Location Size Approximate Time Until Complete, Cell 2 8 acres Cella 32 acres Reclamation Phase 1: Backfill Cell 4 23 acres 13 years (in 2035) Cell 5 4 acres Cell 6 4 acres Cell 1 4 acres Cell 2 8 acres Reclamation Phase 2: Cell 3 32 acres Grading, Topsoil, Seeding, and Growth Monitoring 18 Years (in 2040) Cell 4 23 acres Cell 5 4 acres Cell 6 4 acres 6.4.5 (2)(f) Description of Reclamation Details (i) Final Grading — Reclamation of affected lands at the Site will be graded to the approximate topographic elevations prior to mining. The slope gradient is anticipated to range from 0.1% (minimum) to 1% (maximum). The approximate final contours of the site are shown on Exhibit F - Reclamation Plan Map (Figure 6). (ii) Seeding — Information regarding seeding (e.g., types, mixtures, quantities, and expected times for seeding) is presented in Section 6.4.5 (2)(d) Revegetation Plan. (iii) Fertilization — Information regarding fertilization (e.g., type, mixtures, quantities, and time of application) is presented in Section 6.4.5 (2)(d) Revegetation Plan. (iv) Revegetation — Information regarding revegetation (e.g., type of grasses, location, etc.) is presented in Section 6.4.5 (2)(d) Revegetation Plan. (v) Topsoil — Approximately six (6) inches of topsoil will be placed across backfilled areas and re -seeded as part of the Site reclamation. Chavers Mining Resource DRMS Permit No. M-2015-030 Amendment No. 2 (AM -02) November 2022 Page 14 6.4.6 EXHIBIT F - RECLAMATION PLAN MAP The following Exhibit F - Reclamation Plan Map has been revised to show: (a) The expected physical appearance of the area of the affected lands after reclamation is complete including topographic contour lines after final grading to return the affected lands to pre -mining elevations. (b) Portrayal of the final land use as agricultural. a I i -.4- __ J;/ • l \, I \J3 e 1 / c. • ti\ • • •••• \-\ • \ I r \ \ • 1 \ or e \I • • N. N. \\/-r( r \\ r� R1 1 • = = =_: _`= n • I 3e'rr t7 I' It • . \1 0 / .2. 1 ti e. \ 1 — — \ J r I : '�- • 1 1I !r \ I _ L _ 1 I \1 ° �'�I t%l`\ / ,.. ger ' 1 / r+ 1 erc ` `- ' \ \•\ \\ 11I -\-/ I I I 1 \\ _./ 1\1 /' I I. - 0 \ I 1 + \. 1 t I /\ f`a 'rt 1 IlU te-S, eel. _ of al2/ ---\ ei - 1/ ........w._‘a Lt..: i 0 r 1. 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I ) I . 1 \/ /I �/ f t) \-� • .. r l/\ 1/ 4 • A J / /1 / / t / s / / EXISTING EDGE OF PAVEMENT - EXISTING KERR MCGEE PIPELINES EXISTING OIL & GAS WELL HEAD EXISTING UTIUTY POLE -•-•-•-'- EXISTING BURIED TELEPHONE LINE -r -r-••- EXISTING BURIED GAS UNE EXISTING BARBED WARE FENCE EXISTING EDGE OF GRAVEL ROAD EXISTING RIVER EXISTING RIP RAP SPUR DIKE/WEIR STRUCTURES (CDOT) EXISTING PROPERTY BOUNDARY EXISTING ADJOINING PARCEL BOUNDARY EXISTING SECTION LINE - - EXISTING RIGHT OF WAY UNE - EXISTING MAJOR CONTOUR UNE 10FT - - - - EXISTING MINOR CONTOUR LINE 2FT rte. s•te•tilinlit noels MONITOR WELLS LUPTON LAKES INLET AND OUTLET FACILITY STRUCTURE (DENVER WATER) a — a a o• PROPOSED PERMIT BOUNDARY NNMfMNIlf1/N• PROPOSED MINING LIMIT AND AFFECTED AREA BOUNDARY PROPOSED MAJOR CONTOUR - 10FT PROPOSED MINOR CONTOUR - 2FT PROPOSED TRAIL DEDICATION TO CITY OF FORT LUPTON W W W * PROPOSED TOPSOIL REPLACEMENT RE -VEGETATION AREA ('4.74 ACRES) RECLAMATION NOTES 1. BACKFILL OIL S GAS OPERATION CONCURRENTLY %MTH MINING OPERATIONS. 2. REPLACE TOPSOIL TO APPROXIMATE DEPTH OF B INCHES. 3. RE -SEED SOIL REPLACEMENT AREAS MATH MIX INDICATED IN EXHIBIT E. 4. IMPLEMENT WEED CONTROL AS INDICATED IN EXHIBIT E. / \ I 4 Ilia I Sag ;I:I‘..\:1:41-__).."--_1;f::::,-- // r'tIl/j 1J I/ r / I1\ss., \— > f'/�a!/— -.' •._�/-1J1111k • • • • \ 6 1 • \` 11/ / \ \ \ \ • \ / l • ASPHALT SPECIALTIES CO., INC. 10100 DALLAS STREET HENDRSON, CO 80640 Phone: 303-289-8555 Fax: 303-289-7707 • CHAVERS MINING RESOURCE 112 CONSTRUCTION MATERIALS PERMIT AMENDMENT FORT LUPTON, CO EXHIBIT F RECLAMATION PLAN MAP SCALE CMG NO REV PREPARED FOR ASPHALT SPECIALTIES CO., INC. DK DATE SHEET Chavers Mining Resource DRMS Pennit No. M-2015-030 Amendment No. 2 (AM -02) November 2022 Page 15 6.4.7 EXHIBIT G - WATER INFORMATION 6.4.7(1) IF OPERATION IS NOT EXPECTED TO DIRECTLY AFFECT SURFACE OR GROUNDWATER Not applicable. 6.4.7(2) IF OPERATION IS EXPECTED TO DIRECTLY AFFECT SURFACE OR GROUNDWATER 6.4.7(2)(a) Surface Water and Groundwater Systems Affected by Operation With this Amendment (AM -02), no change will occur to the surface water and groundwater systems directly affected previously identified. Operations at the Chavers Mining Resource affect surface water associated with the South Platte River located to the west of the mine and groundwater associated with the South Platte River alluvial aquifer (i.e., uppermost aquifer). 6.4.7(2)(b) Known Aquifers South Platte River alluvial aquifer (unnamed aquifer). 6.4.7(2)(c) Dewatering Operations and Runoff Mine process water, which includes groundwater from the dewatering operations and stormwater that collects in the mine pit, is directed into a settling basin within the pit to allow fine sediments to settle out before being pumped for discharge to the South Platte River. ASCI will maintain a topography at the Site to direct stormwater runoff from disturbed areas, piled material, and operating surfaces that is not collected in the mine pit to areas within the permit boundary where the water can percolate into the ground. 6.4.7(3) PROJECT WATER REQUIREMENTS ASCI submits SWSPs annually to the Colorado Division of Water Resources (DWR) for approval to refine the estimated project water requirements each year based upon the anticipated site conditions as mining and/or reclamation progresses. The current approved SWSP estimates project water requirements will be 51.20 acre-feet over the 12 -month period covered by the plan (August 2022 to July 2023). 6.4.7(4) REPLACEMENT WATER SOURCES ASCI utilizes a long-standing relationship with the City of Aurora to supply the project water requirements. Currently, ASCI holds a water lease with the City of Aurora to supply replacement water for the Site from 2022 through 2026. ASCI will continue to utilize this relationship throughout mining and reclamation of the mine. Chavers Mining Resource DRMS Permit No. M-2015-030 Amendment No. 2 (AM -02) November 2022 Page 16 6.4.7(5) NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT ASCI has acquired a National Pollutant Discharge Elimination System (NPDES) permit from the Colorado Department of Public Health and Environment (CDPHE) — Water Quality Control Division (WQCD). The Certification Number for the Chavers Mining Resource is COG501603. Chavers Mining Resource DBMS Permit No. M-2015-030 Amendment No. 2 (AM -02) November 2022 Page 17 6.4.12 EXHIBIT L - RECLAMATION COSTS 6.4.12(1) COST ESTIMATE The following table includes the costs of reclamation that would be incurred by the state as broken down into the various major phases of reclamation. 6.4.12(2) ADDITIONAL DATA TO SUBSTANTIATE COST ESTIMATE ASCI will provide additional, reasonable data to substantiate the estimate of the cost of reclamation for all Affected Lands, if requested. Chavers Mining Resource DRMS Permit No. M-2015-030 EXHIBIT L - Reclamation Costs for General Agricultural After Backfill Reclamation Tasks (Direct Costs) Task Description Cost Task 001 Mob/Demob $2,167.65 Task 002 Dewatering Pump Operation [Backfill 20 acres until 2 feet above Groundwater] $65,656.00 Task 003 Backfill [20 acres] $217,541.59 Task 004 Topsoil [75 acres] $68,947.45 Task 005 Finish Grade [75 acres] $5,765.37 Task 006 Revegetation [75 acres] $73,343.21 Direct SubTotal = $433,421.27 Overhead and Profit Liability Insurance 2.02 $8,755.11 Performance Bond 1.05 $4,550.92 Job Superintendent 2.115 $9,166.86 Profit 10 $43,342.13 Total O&P = $65,815.02 Reclamation Management (5%) I $24,961.81 1 Total Indirect = Reclamation Management + Total O&P I $90,776.83 I Total Bond Amount = Contract Amount + Indirect I $524,198.10 1 Chavers Mining Resource DRMS Permit No. M-2015-030 Amendment No. 2 (AM -02) November 2022 Page 18 6.4.13 EXHIBIT M - OTHER PERMITS AND LICENSES The following table provides an updated list of permits and approvals ASCI holds to conduct mining and reclamation operations. Permit / Approved Plan Permit No. / Approval Date DRMS Permit M-2015-030 CDPS Discharge Permit COG501603 APCD Mine Permit 16WE0619F APCD Recycling Center 17WE0810F DWR Gravel Pit Well Permit 80121-F DWR Industrial Well Permit 80120-F DWR SWSP Plan Year 2022 - 2023 (approved June 27, 2022). Fort Lupton Special Use Permit Resolution No. 2019R043 Fort Lupton Annexation Ordinance Nos. 2015-993 & 2019-1051 Fort Lupton Zoning Ordinance No. 2019-1052 Chavers Mining Resource DRMS Permit No. M-2015-030 Amendment No. 2 (AM -02) November 2022 Page 19 6.4.17 EXHIBIT Q - PROOF OF MAILING NOTICES TO BOARD OF COUNTY COMMISSIONERS AND CONSERVATION DISTRICT The following documentation is proof that notice of the permit amendment application was sent to the Board of County Commissioners and to the Board of Supervisors of the local Conservation District, pursuant to Rule 1.6.2(1)(a)(ii). NOTICE OF FILING AMENDMENT APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR A REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF COUNTY COMMISSIONERS Weld COUNTY Asphalt Specialties Co., Inc. (the "Applicant/Operator") has applied for an amendment to the Regular (112) reclamation permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials operations in Weld County. The attached information is being provided to notify you of the location and nature of the proposed amendment. All changes to the existing permit are on file with the Division of Reclamation, Mining, and Safety (the "Division") and the local county clerk and recorder. The applicant/operator proposes to reclaim the affected land to General Agriculture use. Pursuant to Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Board of County Commissioners before approving of the post -mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the application within twenty (20) days of the date of last publication of notice pursuant to Section 34-32.5-112(10), C.R.S. If you would like to discuss the proposed post -mining land use, or any other issue regarding this amendment application, please contact the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567. I, (Printed Name) received the above notification and the associated application on behalf of the Weld County Board of Commissioners on , 2022. RECEIVED , 2022 Signature WELD COUNTY COMMISSIONERS NOTICE OF FILING AMENDMENT APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR A REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF SUPERVISORS OF THE LOCAL CONSERVATION DISTRICT PLATTE VALLEY CONERVATION DISTRICT Asphalt Specialties Co., Inc. (the "Applicant/Operator") has applied for an amendment to the Regular (112) reclamation permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials operations in Weld County. The attached information is being provided to notify you of the location and nature of the proposed amendment. All changes to the existing permit are on file with the Division of Reclamation, Mining, and Safety (the "Division") and the local county clerk and recorder. The applicant/operator proposes to reclaim the affected land to General Agriculture use. Pursuant to Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Conservation District before approving of the post -mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the application within twenty (20) days of the date of last publication of notice pursuant to Section 34-32.5-112(10), C.R.S. If you would like to discuss the proposed post -mining land use, or any other issue regarding this amendment application, please contact the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567. I,0-1tNhAZr)sp0.‘12(Printed Name) received the above notification and the associated application on behalf of the Board of Supervisors of the Platte Valley Conservation District on t.)°Jc._ 2 Z , 2022. o KleJ,-.. 2 2 , 2022 Chavers Mining Resource DRMS Permit No. M-2015-030 Amendment No. 2 (AM -02) November 2022 Page 20 6.4.18 EXHIBIT R - PROOF OF FILING WITH COUNTY CLERK & RECORDER The following affidavit/receipt indicates the date on which the application was placed with the local County Clerk and Recorder for public review, pursuant to Rule1.6.2(1)(c). NOTICE OF FILING AMENDMENT APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR A REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION Filing for Public Inspection with the Weld County Clerk and Recorders Office The attached information is being provided for public review of the location and nature of the proposed amendment to the operation. All changes to the existing permit are on file with the Division of Reclamation, Mining, and Safety (the "Division") and the Weld County Clerk and Recorder. PUBLIC NOTICE Asphalt Specialties Co., Inc. whose address and phone number is 10100 Dallas Street, Henderson, Colorado 80640 / (303) 289-8555 has filed an amendment application to the existing Regular (112) Construction Materials Operation Reclamation Permit from the Colorado Mined Land Reclamation Board under provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials. The mine is known as the Chavers Mining Resource and is located at or near Section 18, Township 1 North, Range 66 West, 6th Prime Meridian in Weld County, Colorado. The mine commenced operation in July 2016, and the proposed date of completion is November 2044. The proposed future use of the land is General Agriculture. Additional information and tentative decision date may be obtained from the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567, or at the Weld County Clerk and Recorder's office at 1250 H Street, Greeley, Colorado 80631, or the above -named applicant. I, (Printed Name) received the above notification and the associated application on behalf of the Weld County Clerk and Recorder on , 2022. , 2022 Signature Chavers Mining Resource DRMS Permit No. M-2015-030 Amendment No. 2 (AM -02) November 2022 Page 21 6.4.18 EXHIBIT S - PERMANENT MAN-MADE STRUCTURES One (1) additional structure, the Denver Water Lupton Lakes Inlet and Outlet Facility, has been constructed within 200 feet of the affected land requiring a structure agreement. The following is a copy of the Structure Agreement. Structure Agreement This letter has been provided to you as the owner of a structure on or within two hundred (200) feet of a mine site. The State of Colorado, Division of Reclamation, Mining and Safety ("Division") requires that where a mining operation will adversely affect the stability of any significant, valuable and permanent man-made structure located within two hundred (200) feet of the affected land, the Applicant shall either: a) Provide a notarized agreement between the Applicant and the Person(s) having an interest in the structure, that the Applicant is to provide compensation for any damage to the structure; or b) Where such an agreement cannot be reached, the Applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or c) Where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility. (Construction Materials Rule 6.3.12 and Rule 6.4.19 & Hard Rock/Metal Mining Rule 6.3.12 and Rule 6.4.20) The Colorado Mined Land Reclamation Board ("Board") has determined that this form, if properly executed, represents an agreement that complies with Construction Materials Rule 6.3.12(a), Rule 6.4.19(a), and C.R.S. § 34-32.5-115(4)(e) and with Hard Rock/Metal Mining Rule 6.3.12(a), Rule 6.4.20(a), and C.R.S. § 34-32-115(4)(d). This form is for the sole purpose of ensuring compliance with the Rules and Regulations and shall not make the Board or Division a necessary party to any private civil lawsuit to enforce the terms of the agreement or create any enforcement obligations in the Board or the Division. The following structures are located on or within 200 feet of the proposed affected area: 1. Denver Water — Lupton Lakes Inlet and Outlet Facility 2. 3. 4. 5. (Please list additional structures on a separate page) JAN NELSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 10094030527 My Commbsion Expii,s April 29, 2024 CERTIFICATION The Applicant, Asphalt Specialties, Co., Inc., by Daniel W. Hunt, as President, does hereby certify that Denver Water shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Chavers Mining Resource, File Number M-2015-030. This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the Extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this form. NOTARY FOR PERMIT APPLICANT ACKNOWLEGED BY: Applicant NK\k- — Representative Name Date NoVembpeen 17,,2c 2.) - STATE OF Go 1 o Kacl ) ss. COUNTY OF A40045 ) Title PAe 5 id en-' The foregoing was acknowledged before me this 174*day of Nov. ns b.ejc.. 20 ; by as Yi2e5:clen+' of AsehaW a�-f',e5 e� . My Commission Expires: ffs iAL.2g, ��cf NOTARY FOR STRUCTURE OWNER ACKNOWLEGE Structure Own- r (2(4IU Name Alh‘i f4i&j"1A Date 8 - N r . ! �, try Title 0 IA lbt- D F EN6,N lA14, -PRb P STATE OF Co(a.ot 4 ) ss. COUNTY OF b-ei,v sR ) The foregoing was acknowledged before me this $ day of No 1st , 20 22., by Vora c -c' c 1' ��Q eki- o as 4 n��n.-e.,r►n�- ?rap of L� �, - %i-� �A>O.'N'(f�. • My Commission Expires: 4- a - ab ) L5 Public GINA EEOLY NOTARY PUBUC STATE OF COLORADO NOTARY ID 2014400MM MY COMPASSION EXPIRES WW1/ 1, 211'Ai ATTACHMENT 1 AFFIDAVIT FOR CLEAN MATERIAL BACKFILL AFFIDAVIT I, Daniel W. Hunt of Asphalt Specialties Co., Inc. (ASCI) hereby certify that only clean and inert material will be imported at Chavers Mining Resource (DRMS Permit No. M- 2015-030). All material will adhere to the Division's defmition of Inert Material as defined in Rule 1.1(22). Daniel W. Hunt, President Asphalt Specialties Co., Inc. State of Colorado ) )ss County of ,¢�Q,�,,5 ) The foregoing instrument was acknowledged before me this I $ ty of /Vd U, , by Pan : j W"' Ye, "4.- as Polesi41an7 „1/1(4., Not T'ublic My Commission expires: JAN NELSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19694030527 My Commission Bolles April 29, 2024 Hello