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Home My WebLink About20230895.tiffApril 7, 2023 DEPARTMENT OF PLANNING SERVICES 1402 North 17TH Avenue, Greeley, CO 80631 Telephone: 970400.3 549 Electronic Mail: koolena.weld.gov Sent via electronic e-mail: kurt.arnusch(a)_gmail.com Kurt Arnusch Lost Creek Cattle Company, LLC P.O. Box 551 Keenesburg, CO 80643 Subject: Weld County USR Permit requirements DRMS Case No. M1981-287, Nikolaus Arnusch Arnusch Gravel Pit 3 — 110c to 112c Permit Conversion Dear Mr. Arnusch, The Department of Planning Services was notified of a pending DRMS 112c application for a Construction Materials Reclamation Permit located approximately eight (8) miles Southeast of Keenesburg, Section 23, Township 1 North, Range 63 West of the 6t' Principle Meridian, Weld County. Given that the M1981-287 permit is in review at the State, Weld County Planning Services is providing notice that prior to mining a County Special Use Permit (USR), is required to be approved by the Board of County Commissioners and supporting documentation, including the mapping component recorded for Mineral Resource Development, prior to commencing with any mining including site preparation work. The initial step in the County land use process begins with a pre -application meeting with County staff. A link to this application is attached here for reference: https://www.weld.qov/Government/Departments/Planning-and-Zoning Submit your application through the E -Permit Center On behalf of Weld County Planning Services, we look forward to working with you and your consultant team on bringing the Arnusch Gravel Pit 3 — 110c to 112c Permit Conversion forward through the County permitting process. If you or your team have any questions, please contact this office. Sincerely, Kim Ogle Planning Services ec: M. Nader, Planning File: M1981-287 Rev;etA otS/o7/'23 CC PL(TP/M1J /DA /►Co /DA) PW (CH/ER/Cbe/ DD/DN) os6/o3 /2.3 2023 - o95 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION RESOLUTION RE: APPROVAL OF REVISION TO TRANSFER OF MINING PERMIT 81-287 AND AUTHORIZATION FOR CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on the 22nd day of May, 1985, the Board approved the transfer of Mineral Permit Number 81-287 from the Weld County Board of Commissioners to Nikolaus Arnusch, and WHEREAS, the transfer form which was approved and submitted to the Mined Land Reclamation Board was not acceptable to said Board, and WHEREAS, a revised transfer form has been presented to the Board for approval, a copy being attached hereto and incorporated herein by reference, and WHEREAS, after study and review, the Board deems it advisable to approve the revised transfer form. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the revised tranfer form concerning Mineral Permit Number 81-287 from the Weld County Board of Commissioners to Nikolaus Arnusch be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said revised transfer form. �1. 851151 Page 2 RE: TRANSFER OF MINING PERMIT - ARNUSCH The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of August, A.D., 1985. ATTEST: Weld County Clerk and Recorder and Clerk to the Board BY. [)bb)Q Cb,W Deputy County C rk APPROVED AS TO FORM: County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO cqueJo n, Chairman EXCUSED Gene R. Brantner, Pro-Tem RichGavemorard D. " DEPARTMENT OF NATURAL RESOURCES David H. Getches, Executive Director MINED LAND RECLAMATION DIVISION DAVID C. SHELTON, Director REQUEST FOR TRANSFER OF MINERAL PERMIT AND SUCCESSION OF OP- iR RECITALS A. On February 25 , 82 , the Mined Land Reclamation Board of the Colorado Department of Natural ei�sources (the "State") granted to Weld County Board of County Commissioners , address P.O. Boo 758 Greeley. Colorado 00632-0758 ("Permittee") permit number 81_287 (the "Permit") pursuant to which Permittee has been conducting a mining and reclamation operation in the County of Weld , State of Colorado. B. Permittee wishes to assign the permit to Nikolaus Prnusch , address 34527 WCR 6, Keenesburg, Colorado 00643 , as Successor Operator ("Successor") and Successor wishes to become Successor Permittee under the permit. C. Successor understands that the reclamation plan (the "Plan") required by the permit and by applicable State laws and regulations has not been completed and is willing to assume full responsibility for the completion of the Plan. II. AGREEMENTS Permittee and Successor hereby agree, for their own benefit and for the benefit of the State, such agreements to be effective ipso facto upon the approval by the State of the transfer of the Permit from PeiiS iee to Successor, as follows: 1. Successor has inspected the mining and reclamation operations to its entire satisfaction and is fully aware of the condition thereof. Successor understands and accepts all of the conditions of the Permit. Z. Successor will complete the reclamation plan, and hereby assumes liability for completing such plan as to all areas heretofore disturbed, as well.as to all areas hereafter disturbed. Successor will perform all of the obligations of the Permittee under the Permit which have not heretofore been performed by Permittee. 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 -2- 3. Successor hereby tenders to the State its attached Performance and Financial Warranties*, which are to be substituted for the Performance and Financial Warranties heretofore filed by the Permittee, effective upon the release of the latter Warranties. 4. Successor represents to the State that, to the best of its knowledge, information and belief, it is not in violation of any of the provisions of the Colorado Mined Land Reclamation Act with respect to any other operation conducted by it in the State of Colorado. Permittee and Successor hereby request the State to consent to the assignment of the Permit, to recognize Successor as Successor Operator under the Permit, and to accept the tendered substitute Performance and Financial Warranties in place of the Warranties presently on file with the State. Attacn executed Performance and Financial Warranties. EXECUTED this 14thday of August , 1985. Board of County CO missioners Weld County, Colorado Name of Permittee Nikolaus Arnusch Name of Successor BY �/i�%6A Gf2 gnatu ' of Offi 'er -Signature of Officer Chairperson Owner Title Title Permittee Successor Operator ATTESTATION WWWFOR PERMITTEE STATE IF Colorado } ss. COUNTY OF Weld The foregoing instrument was acknowledged before me this f- day of 1985 , by weld County Commissioners as p�t[nittee of 81-28/ My Commission expires Apoog Qpg weld County Clerk and 1eobrder and Clerk to the Board Dep y County Clerk -3 - NOTARY FOR SUCCESSOR STATE OF Colorado COUNTY OF Weld The foregoing instrument was acknowledged before me this ,day of , 1985 , by ry, itia . [� �, u �C 4 as owner CO?or 21-287 My+Commission expires: n � � COUIY PUBLIC SCO -10-P CONSENT OF STATE (a) Consent is hereoy granted to the transfer of the Permit above referred to from to (o) is hereoy recognized as Successor Operator under such Permit. (c) The Performance and Financial Warranty substitution above proposed is hereby accepted and approved. STATE OF COLORADO OEPiRTMENT OF NATURAL RESOURCES MINED LAND RECLAMATION BOARD MINED LAND RECLAMATION DIVISION Date: By (Rev. 8/83) Doc. No. 4936 Division Director RIOOSIO N. ODYLE HENRY G FREY RICK A. KLEM FRED L.OTIS WILLIAM E. SHADE SHADE, DOYLE, KLEIN, OTIS & FREY ATTORNEYS AT LAW SUITE 300 GREELEY NATIONAL BANK PLAZA GREELEY, COLORADO 60631 August 9, 1985 Mr. Dave Becker County Engineer 933 North 11th Avenue Greeley, Colorado 80631 RE: Arnusch Gravel Pit Dear Mr. Becker: GREELEY TELEPHONE (303) 353-6700 DENVER METRO TELEPHONE (303) 659-7576 The Mined Land Reclamation Division has returned to us the "Request for Transfer of Mineral Permit and Succession of Operators" form because of the language that we added to the form concerning the County's obligation to indemnify and hold the successor harmless for the County's operation of the gravel pit. The division has indicated that it cannot accept the form with any amendments. Because this is a provision in your original agreement with Mr. Arnusch, I do not find it necessary to include it in a separate agreement or in the request for transfer. Therefore, I am returning to you a new Request for Transfer of Mineral Permit and Succession of Operators which needs only to be approved by the Chairperson of the Board of County Commissioners and returned to me. Please feel free to call if you have any questions whatsoever. Your prompt processing of this Request for Transfer of Mineral Permit and Suc- cession of Operators will be greatly appreciated. Verytruly yours, ORle Roger in Attorney at Law RAK: mkm cc: Mr. Nik Arnusch '.• I 11 fUI 1 1,9S'5 '1r . rF RESOLUTION RE: APPROVAL OF AGREEMENT BETWEEN NIKOLAUS AND FLORENCE ARNUSCH AND WELD COUNTY, COLORADO AND AUTHORIZATION FOR CHAIRMAN TO SIGN THE SAME. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, and WHEREAS, Weld County is in need of gravel for the construction of county roads, and WHEREAS, Nikolaus and Florence Arnusch own certain land on which there is gravel suitable for use in construction of county roads, and WHEREAS, an agreement for use of gravel for road purposes between Weld County and Nikolaus and Florence Arnusch has been presented to the Board of County Commissioners, and WHEREAS, the Board of County Commissioners deems it advisable and in the best interests of Weld County to approve said agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado that the agreement for use of gravel for road purposes between Weld County and Nikolaus and Florence Arnusch be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman of the Board be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of August, A.D., 1981. BOARD OF COUNTY COMMISSIONERS WELDOUNTY, DORADO ATTEST: 1 h as (Aye) C Car , Chairman Weld County Clerk and Recorder ABSENT and Clerk to the BoaNor - ; C=rluon, Pro-Tem ounty Attorney 06I, rby T. mar or tesnmark (A e) A e) A e) DATE PRESENTED: AUGUST 26, 1981 810650 GRAVEL PURCHASE AGREEMENT THIS AGREEMENT, made and entered into this of August, 1981, by and between the COUNTY OF WELD, STATE OF COLORADO, hereinafter called "County", and NIKOLAUS AND FLORENCE I. ARNUSCH, hereinafter called "Owner". For and in consideration of the mutual convenants and conditions hereinafter set forth, the parties mutually agree as follows: 1. Term of Agreement. The term of the agreement shall be from the date of execution to and until five years later. 2 Rights Granted - Property Description. The Owner hereby agrees to grant to the County the right to excavate, stockpile, and remove sand and gravel from and on the following described property situated in Weld County, Colorado: The southeast quarter of Section 23, Township 1 North, Range 63 West, of the 6th P.M., Weld County, Colorado, along Sand Creek, an area comprising of 10 acres more or less. The Owner reserves the right to utilize all of the premises not affected or needed by the County's operation. The County shall have the right to excava- tions, openings, stockpiles, reject material dumps, and conduct all necessary activities for the excavation of gravel, and to place such machinery thereon as the County may deem necessary for the excavation ands preparation of gravel on said lands. Reject material shall be placed at the direction of the Owner. 3. Royalty on Sand and Gravel. The County agrees to pay the Owner a royalty of thirty-five cents (350) per ton for all sand and gravel removed during the term of this lease. Such royalty is to be paid upon completion of the removal of gravel monthly. The County shall not pay any royalty for material which is not removed from the property. y. Gravel Permits. The parties hereto agree that the County will obtain any necessary permit from the State Mined Land Reclamation Board for the mining of said land. The County agrees to comply with the requirements of the State Mined Land Reclamation Board for the site, as well as any appropriate Special Use Permit granted by the Weld County Planning Commission. The County will apply jointly with Owner for applicable permits. 5. Access. The Owner agrees to provide land for haul road and direct access to the mining area. The County agrees to construct and maintain said haul road in good condition and to obliterate haul road at termination of this agree- ment. Weld County will control dust on Weld County Road 6 between Weld County Road 71 and State Highway 79 during hauling operations. 6. Non-exclusive Agreement. Nothwithstanding any inference in this agreement to the contrary, the Owner shall have the right to lease the subject property to other users provided such use does not interfere with the use contemplated by this agreement. 7. Right to Use Gravel. The Owner may at his discretion take for his 'own use any material from the pit on the premises. The County agrees to spread gravel on driveway of Owner's farm as necessary to maintain surface. 8. Renewal of Agreement. The parties to this agreement mutually agree that this agreement may be renewed for additional periods, subject to re -negotiations of price and/or other terms. 9. Books and Records. The County agrees to keep accurate records of all sand and gravel removed from said described lands and will, at all reasonable times, make said records available to Owner for his inspection. 10. Taxes. The County agrees to pay all taxes lawfully assessed against all machinery, tools, equipment, supplies, improvements and all other property placed by the County on the abovedescribed lands. The Owner shall pay all taxes lawfully assessed against the real property and the machinery, tools, equipment, supplies, improvements and all other property now on or placed by Owner on the above - described lands. Any and all serverance tax on the sand and gravel shall be paid by the County. 11. Agreement to Idemnify. The County agrees to indemnify and keep the Owner harmless from all claims and demands of whatsoever kind and character resulting from any act, operation, Dr negligence of the County on the subject property or in connection with this agreement. 12. Excavation. The County agrees to excavate from one of the pits in such a manner as to leave the Owner a waste water holding pond of approximately two (2) acre feet capacity. 13. Notices. Any notice of default or of termination of this agreement and all notices and demands in writing required or that may be given hereunder, if to Owner, shall be forwarded by certified mail addressed to: NIKOLAUS AND FLORENCE I. ARNUSCH, 34527 Weld County Road 6, Keensburg, Colorado 80643; and if for the County, shall be forwarded by certifed mail addressed to: BOARD OF COUNTY COMMISSIONERS, COUNTY OF WELD, 915 10th Street, P.O. Box 758, Greeley, Colorado 80632-0758. 2 IN WITNESS WHEREOF, the parties hereto have duly executed this agreement the day and year firstabove written. ATTEST: ��L(,Wf4A,flin/ BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk and Recorder By: and Clerk to the Board D puty ounty Clerk 3 ChQek Car soi^� aairman NIKOLAUS ARNUSCH, OWNER By • II koO ArnuschL��+Y�7�2�) aus caner FLORE CE I. ARNUSCH, OWNER rence rnusc owner COLORADO DEPARTMENT OF ENGINEERING PHONE (303) 356.4000 EXT, 750 P.O. BOX 758 GREELEY, COLORADO 80632 August 27, 1981 Nikolaus Arnusch Florence I. Arnusch 34527 Weld County Road 6 Keensburg, Colorado 80643 Dear Mr. and Mrs. Arnusch: By resolution of August 24, 1981, the Board of Commissioners approved the contract with you to purchase gravel from your property south of Prospect Valley. A copy of the resolution and the contract are enclosed for your records. We expect to begin hauling out of the area closest to Weld County Road 8 in the next few weeks to complete the gravelling in the southeast part of the County for this year. Your contact with our department if you have any problems or questions is Mr. George Margheim, 356-4000, ext. 777 or you may contact me at our office. Thank you very much for your cooperation in this matter. Sincere e S. Smyth Director of Engineering WSS:sd CC: Dave Becker George Margheim £ Lerk to the Board Arnusch Gravel Pit File RECEIVED JUL 07 2023 COMMISSIONERS Exhibit B Index Map cc: PLCTP/MN/Da/v<o/oaf, Pw(cH/ER/ CWoD/DN) 07/20/X3 2 023 - oTac5 Index Map: Applicant: Nikolaus Arnusch Prepared By: Kurt Arnusch — March 6th, 2023 Sheet: Index Map Arnusch Gravel Pit #3 SE'A, Sec. 23, Tnshp. 1 N., Range 63 W Exhibit C Pre -mining and Mining Plan Maps of Affected Lands (a) all adjoining surface owners of record: Owner; ARNUSCH NIKOLAUS Account: ik0160092 Parcel: 147723000011 Address: 34527 COUNTY ROAD 6 WELD Subdivision: Section: ,3 Township: IN Range: 63W sj 7 1:31faliel,.< --.t .{as -,s . rt-r._- Pale wta -1,t-J..n:-.u+VRt w a-. ,e -Ina • . r Prepared By: Kurt Arnusch — March 6'1,3023 North Sheet: Exhibit C Pre -Mining & Mining Plan Maps of Affected Lands Owner M A. DOL E KERRY RAY Account: R?6S8 T ' Parcel: ` -24300016 Address: Subdivision: Section: 24 Township: 1N Range: 63W ,r __-- — - — - — . .----� 4a='.a:`e:.1: • a:.;�..M_-:-;. c_�— ..LraSEpcL►s - -- - - _ -r— _ - . _ --. -.. _ . y►_yr_— 7._•=n.. -1"----. - • •••••-•••.. M.. • w4. i..-m��►--�4. CWOMIIn '{psi[ irf -. Applicant: Nikolaus Arnusch Scale: 1"= 600' t 0^ 600tt Prepared By: Kurt Arnusch — March 6't", 2023 North r Sheet: Exhibit C Pre -Mining & Mining Plan Maps of Affected Lands • Owner: THOENE KEITH .1 Account: RC159592 Parcel: 141723000010 Address. Subdivision: Section: 23 Township: 1 N Range: 53W Owner. THOENE CAREY 14 Account: R0I.98s Parcel: Address: Subdivision: Section: 23 Township:' Range a -Jet a.J a- ^�s v u fir= carne "k •n -r r-: z- yyy� •y s3.a--a n .t.' -sue •r i :_ . • _• v .- iL: '--y'M r- f. • "It- / w a dr a ---r.._-4:rj- - . 35?1.�� t. lar t ' s --I 14;- ;: -.•.r.• i VtirtrirMt eksuort rir�:•-�•. ��eiai•Y i tats+'soft; .16; 47I Y V 2- ate • b� s ' 1 A. _ • • --.`a;•-••••IsCCM.' • - • • - -.tea+ at w.Z .•�► i•+ 3 a'r -..� - spa T"' -III =2 P N-�'.a ii _.. smash e- _ _ -. - - - _ -. :a •.ZIT ril�'Zli. Y' �': �rJ• rw+rbiR•i.v�..�oYw�w�.iw�•+�• _.-r1- _ rrtf _-.• Y .irk- - %Ica rze._ edi - 11 ' •17`—'• r- : T:ter—+. -TSRs r 'rr ewak=+fie •: ; - - - �.art•An. u . t Applicant: Nikolaus Arnusch Prepared By: Kurt Arnusch — March 6', 2C23 3 Scale: 1"= 600' 0 300 600ft North Sheet: Exhibit C Pre -Mining & Mining Plan Maps of Affected Lands i 1 Owner: HUWA TYRUN Account: R8961720 Parcel: 14772.3100029 Address: 34482 COUNTY ROAD 3 WELD Subdivision: Section: 2S Township: IN Range: 63W 37,98 {i. . M• 4 T .sans.. fj List 3448? r..y- .. . t A p hcant: Prepared By. N=koiaus Arruscr Kurt Arnusch — March 6' 2023 Scale- I"=600' C • Lt Ncrt^ 1 Sheet : Exhib,t C Pre-M:rsrg & Cv1 ^ rg Plan Maps of A ectec Leres -11 t Ov ner: NEMECEK LADISLAV Account; M0010;:,:- _ Pdtcel: 1477260M2 Address: 34548 COUNTY ROAD 6 WELD Subdivision: Section: 2e. Township: 1N Range 63W 14 H PALIIIPAnCiene r- -o---g--alWall•l.rw..ww.HSJeaa,.-. .iSr vac. .. ••,...3-.•.••w 1 Sal r er•►rtiL�t•.Ii*aS.N -,{t• as r± ,.,t . •+w wa . -►«vo •.nt.+wes-T•••••..•t r -..-r .--t_-••••I .n• wit ii�S.- JrJ.vC "Tim -.L -1 +S :d. _: `.=3_-• -? _} - -!:...114 V"• -- atr '- tar acre • al`aP%.-. .-/le-K-.- -i-- - ' ' ._r s.,�— i 74!) --,at velt.ismopha.7-ntec, .- ice,~ )'+-- _ _ -7+�!''l111�1P F iLs • : aaM s$itRfA�. - aI ; .t am- t .-.-T.ict}'t Fir r .0 R7. • . t : -C : • k. st 0 pa i_d tt 10 Applicant: Ntkolaus Arnuscr Prepared By: Kurt Arnusch — March 6' `, 2023 Sheet: Exhibit C Pre-�r1 nrng & M!n!rg Plan Maps of A""ected Lands _�...,..',..i.If..,. _._.: . _ _.. _..w•. __..�.._:�.:.-.'-- a ......I .01 w.r�lrr - r• _. zyy�;L: _'. s-�- tar iti'�T �k'"�'-:3T'Ll� ":-.--2 ry -r•--.7-- • .. may. _ _ (b) List of Structures Within 200 Feet of Permit Boundary ALTA/ACSM LAND TITLE SURVEY Applicant: Nikolaus Arnusch Prepared by: Kurt Arnusch — March 6th, 2023 Sheet: Exhibit C, Pre -Mining and Mining Plan Maps of Affected Lands. Meets and bounds. Scale: 1"= 400' Original Survey Conducted by: JR Engineering — December 3., 2003 North Prepared by: KurtArnusch — March 6., 2023 Applicant: Nikolaus Arnusch Sheet: Exhibit C, Pre -Mining and Mining Plan Maps of Affected Lands. Math made structures and easements. Scale: 1"= 400' Original Survey Conducted by: JR Engineering — December 3rd, 2003 North Prepared by: Kurt Arnusch — March 6th, 2023 Applicant: Nikolaus Arnusch Sheet: Exhibit C, Pre -Mining and Mining Plan Maps of Affected Lands. D tail 1 locatioh, Scale: 1"= 400' Original Survey Conducted by: JR Engineering— December 3rd, 2003 Nrh Detail 1 Applicant: Nikolaus Arnusch Prepared by: KurtArnusch —Jun j4th, 2023 Scale: 1"= 400' North Sheet: Exhibit C, Pre -Mining and Mining Plan Maps of Affected Lands. Detail 1. Applicant: Nikolaus Arnusch Originally Prepared by: Nolte and Associates. Inc. —1999 Sheet: Exhibit C, Pre -Mining and Mining Plan Maps of Affected Lands. Easement survey. Scale: 1"= 50' North Prepare by: Kurt Arnusc,}i —June 4th, 2023 Applicant: Or ginalty Prepared by: Nikolaus Arn€ �fe ad 9 Pre -Miming and Mining Plan Maps of ds. E 3 (c) Topography Prepared by: Kurt Arnusch June 4th. 2023 Sheet: Exhibit C, Pre -Mining and Mining Plan Maps of Affected Lands. General T000eraohv Applicant: Nikolaus Arnusch Scale: 1'= 3,249' North 1 LEGEND: Affected area Stream flow > Scale 1"= 660' North Applicant: Nikolaus Arnusch Prepared by: Kurt Arnusch June 4th. 2023 North 1 Sheet: Exhibit C, Pre -Mining and Mining Plan Maps of AffectedLands. General T000eranhv (d)Affected Land 43.25 affected acres. Non. Mineable 1 27 acres Applicant: Nikolaus Arnusch Prepared by: Kurt Arnusch June 4th. 2023 Scale: 1"= 660' North t Scree^ rg eou or"ent Stocko=le areas 2 95 acre: to be mined 3 30 acre: to be mined Sheet: Exhibit C, Pre -Mining and Mining Plan Maps of Affected Lands. Affected Land 12 acres —II 1 currently 'elm tted 3 9 yet to be mined N o" - M t'- eab!e 1 27 ac -es Point C at. art Point 0 1 .1 Point E Applicant: Nikolaus Arnusch Scale: 1"= 660' Prepared by: Kurt Arnusch June 4th, 2023 i North Alk 4.55 acres to be mined 2 95 acres to be mined 3 30 acres to be rripAil Non• Mineable 14 39 acres Stockpile areas Phase 2 Phase 3 t Phase 4 Phase 5 Sheet: Exhibit C, Pre -Mining and Mining Plan Maps of Affected ands. Mining Plan Map A In accordance with Colorado Revised Statutes § 34-32.5-110 (5)(a) Any operator conducting an operation under a permit issued under this section who has held the permit for two consecutive years or more and who subsequently desires to expand it to a size in excess of the limitation set forth in subsection (1) of this section may request the conversion of the permit by filing an application for a permit pursuant to subsection (1) of this section or section 34-32.5-112; except that the applicant need not supply information, materials, and other data and undertakings previously supplied, including any additional materials provided to the board during the course of his current operation or resulting from the board's inspections thereof. Exhibit B, Paragraph 3 of the original 110c permit states: "Useable material is rear the surface with little or no overburden, is relatively fine grained with 100% passing a 1/z" sieve, and is less than eight feet thick. In the existing pit area, the meager topsoil, less than 3" thick, has been and will be, pushed aside into small mounds by dozer or front end loader for future replacement. The new pit area (north) has no topsoil or overburden. In addition, Exhibit E, Paragraph 2 of the original 110c permit further states: "The stockpiled soil will be place uniformly on the graded surfaces at a thickness equal to the adjacent lands, in this case, less than 3" on the south pit and none on the north pit, using rubber —tired scrapers and blade graders. To be sure, Exhibit E — Reclamation Plan of this conversion application addresses this issue. If any de-minimis concentrations or any accumulations of topsoil or overburden are encountered, they will be stockpiled and used in the reclamation process as prescribed in the original permit and again reiterated in this conversion application. For calculation purposes of the reclamation bond, it is anticipated less than 500 tons of combined overburden and topsoil will stored for reclamation purposes. As mentioned further into the application, Exhibit B — Reclamation Plan, describes in detail the amount of overburden and topsoil. In addition, Applicant: Nikolaus Arnusch Prepared by: Kurt Arnusch June 4th. 2023 Scale: 1"= 660' North Sheet: Exhibit C, Pre -Mining and Mining Plan Maps of AffecteyLands. Affected Land Measurements (e) Present Vegetation The present vegetation of all affected areas of the subject property is Blue Grama, Intermediate Wheatgrass and Little Bluestem. The affected area described above in the map was seeded for the USDA Conservation Reserve Program 20+ years ago. As no reclamation seeding has occurred on any of the affected land in the mineable area shown above, the sparse plant population of the mineable area consists of Blue Grama, Intermediate Wheatgrass and Little Bluestem that has occurred organically. (f) Water Information In accordance with Colorado Revised Statutes § 34-32.5-110 (5)(a) Any operator conducting an operation under a permit issued under this section who has held the permit for two consecutive years or more and who subsequently desires to expand it to a size in excess of the limitation set forth in subsection (1) of this section may request the conversion of the permit by filing an application for a permit pursuant to subsection (1) of this section or section 34-32.5-112; x tl Exhibit B of the current 110c approved permit, paragraph 2 states: ..."Mined area is above any ground water, thereby being a dry -pit operation." Signed: Donald Bogart A report by the Colorado Division of Water Resources entitled: GROUNDWATER LEVELS in the LOST CREEK DESIGNATED GROUND WATER BASIN 2018 States on page 1, paragraph 5: South Area: South of Prospect Valley/Hwy 52 to 144th Avenue • Depth to water generally ranges from 40 to 113 feet. Water levels increased an average of 1.25 feet between 2017 and 2018. Longer -term comparisons indicate an increase of approximately 8 feet over 5 years, and an increase of 3.5 feet over 10 years. (g) List of Structures The list of man-made structures and the owners thereof, are listed under subsection (b) above, together with an easement of such property which defines acceptable distance separations for mining operations. Property Owner: Tyrun Huwa Property Owner: Kerry Madole Prepared by: Kurt Arnusch June 4th, 2023 Property Owner: Ryan Rupple Sheet: Exhibit C, Pre -Mining and Mining Plan Maps of Affected Lands. Affected Land Measurements (h) Soils Information .s Ws 4. .Sts I s h 4 s t A Custom Sod Resource Report Sod Map Ms Sara I 6460 I al .n A &Sale a tin tat s 0 9D sr Derr 30r tee 4> So S at r�.'�n 0NW MCraor Caner 'M fl trim ?se :k sczat 4 It twit Map Unit Legend Applicant: Nikolaus Arnusch Prepared by: Kurt Arnusch March 6, 2023 Sheet: Exhibit C, Soils Information Scale: 1"= 600' North 1 Exhibit D Mining Plan (a) (b) Mining Methods and Earthmoving In accordance with Colorado Revised Statutes § 34-32.5-110 (5)(a) Any operator conducting an operation under a permit issued under this section who has held the permit for two consecutive years or more and who subsequently desires to expand it to a size in excess of the limitation set forth in subsection (1) of this section may request the conversion of the permit by filing an application for a permit pursuant to subsection (1) of this section or section 34-32.5-112 Exhibit B of the current 110c approved permit, paragraph 1 states: "Mining Plan — Mining is being and will be accomplished by surface earthmoving machines, primarily with a rubber -tired front-end loader dumping into tractor -trailer dump trucks. Extraction of the dry alluvial material will be less than 30,000 tons per year." Signed: Donald Bogart As stated in the current 110c approved permit, earthmoving will be conducted with the use of surface earthmoving machines. (c ) Water Diversions and Impoundments In accordance with Colorado Revised Statutes § 34-32.5-110 (5)(a) Any operator conducting an operation under a permit issued under this section who has held the permit for two consecutive years or more and who subsequently desires to expand it to a size in excess of the limitation set forth in subsection (1) of this section may request the conversion of the permit by filing an application for a permit pursuant to subsection (1) of this section or section 34-32.5-112, exr Exhibit B of the current 110c approved permit, paragraph 2 states: ..."Mined area is above any ground water, thereby being a dry -pit operation." The entire mineable area of the property lies within the flood plain of West Sand Creek and Sand Creek combined. The material of the creek bed is classified as —Ellicott-Glenberg complex, 0 to 3 percent slopes by the US Department of Agriculture's Natural Resources Conservation Service. A reference to the soil survey has previously been presented in this document under Exhibit C, Subsection H — Soils Report. The permeability and structure of the material does not lend itself to the construction of diversion or impoundment structures and none exist or are planned. (d) The size of area to be worked at one time. The submission of this application is for a total of 43.25 Involved Acres. Of those acres, 27.59 acres contain mineable deposits of construction material. The existing approved 110c permit is currently for 9.8 acres. This is an increase in area of 17.79 acres of mineable alluvial deposits. Soil survey results for the property, as previously supplied in Exhibit C, Subsection H, indicate that the mineable material is classified as; Ellicott-Glenberg complex, 0 to 3 percent slopes. Material profile of such classification are as follows Typical profile A - 0 to 4 inches: sand AC - 4 to 13 inches: sand C1 - 13 to 30 inches: sand C2 - 30 to 44 inches: sand C3 - 44 to 80 inches: coarse sand. Profile indicates that fine sand is nearer the surface and material coarseness increases with depth as is typical of stream bed deposits. Our client base varies considerably in the type of material they are interested in. Two of which are only interested in fine sand meeting the gradation of masonry sand. This material is generally found only in the top layers of material. As we continue to mine the permit approved 9.8 acres in the original 110c permit, that material is becoming less abundant. A phased approach of mining and reclamation is outlined within this application, based upon depth of completed mining with an approximate timeline. As a result, any one of the mineable acres and strata may be worked at any one time. Within the boundaries of the mineable area, the creek courses around several hills. The mining plan has been developed such that mining will be conducted as in the examples below. Reclamation of the outer creek bank to a 3:1 slope is impractical and currently does not exist in most of the area within the drainage, other than the creek bed itself. Examples: Mining Away from Outer Bank Slope 1:1 Existing Outer Bank Slope Mining Next to Outer Bank 1:1 Existing Outer Bank Slope Existing Creek Bed at Grade 3:1 Mining slope Existing Creek Bed at Grade 30' Maximum depth below grade Weed control during the mining and reclamation of the affected area will consist of mowing, tillage and herbicides suitable for use in such an area and commiserate with label and manufacturers instructions. Weeds are defined as a plant out of place. Species fitting this definition include: bindweed, mares tail and Canadian thistle. (e) Mining Timetable As mining is already being conducted under the approved 110c permit, it shall proceed in the same direction under the 112c permit. The primary location of the approved 110c permit is located at the northernmost area of the property, encompassing 8.1 acres, while the remaining 1.7 acres under the permit is located at the southernmost end of the property. Physical mining of the material is proceeding in a southerly direction. Fine material most in demand, as described in Exhibit D, Subsection D, is in decline near the northern permit boundary. Coarser material is still prevalent in the area. As fine material is removed and below grade depth is increased, mining distance from permit boundary is increased. This enables easier backfill and grading for reclamation purposes. The following table is an estimation of the amount of acreage increase per year. Points of the table correspond with maps also included. Date 2023 2024 2025 2026 2027 Acre Increase Point A Point B Point C Point D Point E 43.25 affected acres. 1.27 Acres of affected area that will NEVER be mined. Point C Point O Point E 14.39 Acres of affected area that will NEVER be mined. scale Screening equipment Stockpile areas 4.55 Acres to be mined to a depth of 30' below grade. Phase 2 2.95 Acres to be mined to a depth of 30' below grade, Phase 3 3.30 Acres to be mined to a depth of 30' below grade. Phase 4 4.79 Acres to be mined to a depth of 30' below grade. Phase 5 Applicant: Prepared By: Sheet: Exhibit D Scale: North Nikolaus Arn sch Kurt Arnusch —June 4th, 2023 Phased Mining Plan Map 1"= 660' A (f) Soil Strata Subsection F, (i)( i): Soil Strata. The stratums of the area in the mineable area of the subject property is described in the Soil Survey Report and Map, included in Exhibit C, Subsection H of this document. The Report and Map were prepared by the US Department of Agriculture's Natural Resources Conservation Service. The entire mineable area of the subject property is classified as Ellicott-Glenberg complex, 0 to 3 percent slopes, occasionally flooded. Particulars of this classification are as follows: Map Unit Setting National map unit symbol: 2x0j6 Elevation: 3,950 to 5,960 feet Mean annual prec pitation: 13 to 17 inches Mean annual air temperature: 50 to 54 degrees F Frost -free period: 135 to 165 days Map Unit Composition Ellicott, occasionally flooded, and similar soils: 65 percent Glenberg, rarely flooded, and similar soils: 20 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the map unit. Description of Ellicott, Occasionally Flooded Setting Landform: Flood plains Down -slope shape: Linear Across -slope shape: Linear Parent material: Noncalcareous, stratified sandy alluvium 23 Custom Soil Resource Report Typical profile A - 0 to 4 inches: sand AC - 4 to 13 inches: sand C1 - 13 to 30 inches: sand C2 - 30 to 44 inches: sand C3 - 44 to 80 inches: coarse sand Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Somewhat excessively drained Runoff class: Negligible Capacity of the most limiting layer to transmit water (Ksat): High to very high (6.00 to 39.96 in/hr) Depth to water table: More than 80 inches Frequency of flooding: Occasional Frequency of ponding: None Maximum salinity: Nonsaline to very slightly saline (0.1 to 2.0 mmhos/cm) Available water supply, 0 to 60 inches: Very low (about 2.1 inches) Interpretive groups Land capability classification (irrigated): 4e Land capability classification (nonirrigated): 7s Hydrologic Soil Group: A Ecological site: R067BY031CO - Sandy Bottomland Hydric soil rating: No Description of Glenberg, Rarely Flooded Setting Landform: Flood -plain steps, ephemeral streams Down -slope shape: Linear Across -slope shape: Linear Parent material: Stratified, calcareous alluvium Typical profile A - 0 to 6 inches: sandy loam AC - 6 to 18 inches: sandy loam C1 - 18 to 45 inches: sandy loam C2 - 45 to 80 inches: loamy coarse sand Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Very low Capacity of the most limiting layer to transmit water (Ksat): High (2.00 to 6.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: Rare Frequency of ponding: None Calcium carbonate, maximum content: 5 percent Maximum salinity: Nonsaline to very slightly saline (0.1 to 2.0 mmhos/cm) Sodium adsorption ratio, maximum: 2.0 Available water supply, 0 to 60 inches: Low (about 5.6 inches) 24 Custom Soil Resource Report Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonirrigated): 4c Hydrologic Soil Group: A Ecological site: R067BY031CO - Sandy Bottomland Hydric soil rating: No Minor Components Las animas, occasionally flooded Percent of map unit: 10 percent Landform: Ephemeral streams, flood plains Down -slope shape: Linear Across -slope shape: Linear, concave Ecological site: R067BY038CO - Wet Meadow Hydric soil rating: No Ellicott sandy -skeletal, occasionally flooded Percent of map unit: 5 percent Landform: Flood plains, channels Down -slope shape: Linear Across -slope shape: Linear, concave Ecological site: R067BY031CO - Sandy Bottomland Hydric soil rating: No Custom Soil Resource Report 25 Mining under the current approved 110c permit has demonstrated that the stratum of the deepest classification of material in the report, (C3 - 44 to 80 inches: coarse sand) extends beyond the 80 inch measurement. During the drilling of a domestic water well on the property in December 2022, shale was encountered at a depth of 98 feet. The difference in elevation between the location of the domestic well and the area being mined is a difference of 30 feet. Adjusting for elevation in the mined area, shale should be encountered at a depth of approximately 68 feet. Current mining has concentrated on the fine alluvial sand located in the upper layers of the mineable area, to a depth of approximately 8 feet. Coarser material, in minute quantities, have also been mined to a depth of approximately 12 feet below grade. It is not anticipated that any mining will be done below grade in excess of 30 feet. No overburden was encountered in any of the mining conducted. In accordance with Colorado Revised Statutes § 34-32.5-110 (5)(a) Any operato- conducting an operation under a permit issued under this section who has held the permit for two consecutive years or more and who subsequently desires to expand it to a size in excess of the limitation set forth in subsection (1) of this section may request the conversion of the permit by filing an application for a permit pursuant to subsection (1) of this section or section 34-32.5-112; except that the applicant need not supply information, materials, and other data and undertakings previously supplied, including any additional materials provided to the board during the course of his current operation or resulting from the board's inspections thereof. Exhibit B of the current 110c approved permit, paragraph 3 states: "Usable material is near the surface with little or no overburden, is relatively fine grained with 100% passing a 1/z" sieve and is less than eight feet thick. In the existing pit area, the meager topsoil, less than 3'' thick, has been and will be, pushed aside into small mounds by dozer or front end loader for future replacement. The new pit area (north) has no topsoil or overburden." Signed: Donald Bogart 12 acres - 8 1 tterfent j pe►fr.tted 39 yet to be mired [If°,n! 8 Screening eowoment Stocko e a'ea: 4.55 Acres to be mined in 2024, Phase 2 2.95 Acres to be mined in 2025. Phase 3 3.30 Acres to he mined in 2026. Phase 4 4.79 Acres to be mined in 2027, Phase 5 Applicant: Nikolaus Arnusch Prepared Kurt Arnusch By. — June 4" , 2023 Sheet: Phased Exhibit Mining D Plan Map Scale- 1"= 65C" North 43.25 affected acres. 1.27 Acres of affected area that will NEVER be mined Point Sc{ee" rg tsch. :,^►erst StotboAt tress 4.55 Acres to be mined to a depth of 30' below grade Pt,ase 2.9S Acres to be mined to a depth of 30' below grade, Phase 3 3.30 acres to be mired to a :'e►::b of 30' belo'..' grade Phase 4 4.79 Acres to be mired to a iep:h of 30' below grade Phase 5 Applicant: Prepared By. Sheet: Exhibit 0 Scale: North Nikolaus Arnusch Kurt Aryusch — June 4" , 2023 a Phased M ring Plan Map 1"= 660' (g) Primary and Secondary Commodities The primary commodity of the mined area is fine sand. Secondary commodity is also sand of a coarser nature. The US Department of Agriculture's Natural Resources Conservation Service classifies the mateeial as Ellicott-Glenberg complex, 0 to 3 percent slopes. A copy of the Soil Survey report is included in this document in Exhibit C, Subsection H. The classification table is as follows: Typical profile A - 0 to 4 inches: sand AC - 4 to 13 inches: sand C1 - 13 to 30 inches: sand C2 - 30 to 44 inches: sand C3 - 44 to 80 inches: coarse sand (h) Incidental Products No incidental material has been or is expected to be encountered. Any de minimis concentrations of incidental material is likely to be incorporated into various construction material products. (i) Explosives Due to the nature of the material being mined, no explosives will be needed or necessary. (j) Roads Sheet: Exhibit D, Subsection j - Roads Affected area boundary. Roads visible, within and outside boundary. Roads outside of boundary lines are common access roads for included and ad.acent farmland. Recorded in a survey conducted by J -R Engineering, Englewood Colorado, dated 2/03/03. On file with the Weld County Clerk and Recorder — reference no. 3218380. Applicant: Nikolaus Arnusch Prepared by: Kurt Arnusch — Ma;ch 6th, 2023 Scale: 1"= 586.66' North 1 Sheet: Exhibit D, Subsection j - Roads Ruler Line Path Polygon Cede 30 path 3O PoIY9on Measure the distance between mutt de points on the ground Length: 1,010.95 Show Elevation Profile J Mouse Navigation Existing, minimally maintained access road. Construction: dirt/native soil. 10' W x 1,010.95' L, used for farm field access. Applicant: Nikolaus Arnusch Prepared by: Kurt Arnusch — Marsh 6th, 2023 Scale: 1"= 660' North 4 Ruler line Path polygon CKcle 30 path 30 polygon Measure the distance between multie points on the gro Length: 3,684.41 Feet Show;,' Elevation ,roftle J Mouse Navigaton Existing Common Access Road. Minimally Improved beyond buildings. Construction: Dirt/native soils beyond buildings. Gravel in yards. 14'W x 3,684,411 • N - Applicant: Nikolaus ArnLsch Scale: 1"= 660' Prepared by: Kurt Arnusch — March 6th, 2023 North Sheet: Exhibit D, Subsection j - Roads Line Path Polygon Circle 3D path 1O Polygon Measure the cirstarce between muibp:e points on the ground Length: 344.89 Feet Show Elevabon Pro` Mouse Natiiga on ,ave clear Minimally Imaroved, Existing access road used for entry to -arm field and gravel pit. Construction: Dirt/native soil/native sand and gravel. 14'W x 344.89'L :_: Applicant: Nikolaus Arnusch Scale: 1"= 660' Sheet: Exhibit D, Subsection j - Roads Prepared by: Kurt Arnusch — March 6th, 2023 North lira Path Polygon Circle 3D path 3) polygon Measure the distance between multiple points on the ground Length: 702.60 Feet Show E►evaban Profile J Mouse Nav+gabon have V Existing, Unimproved Mine access road. Construction: Native dirt/soil, sand and gravel. 14'Vv x 702.6'L. Sheet: Exhibit D, Subsection j - Roads Applicant: Nikolaus Arnusch Prepared by: Kurt Arnusch — March 6th, 2023 Scale: 1"= 660' North in Path Polygon Circle 3O path 30 Polygon Measure the dhstan:e between mull 'e points on the ground Lengt): 1,424. 75 Shown; Elevation Profile Previous access road. Used when north access road was destroyed in flood. Road is no longer used except for incidental use by mining equipment and wholly incorporated into affected mining area, much of which will be mined in previously listed, phased mining plan. Sheet: Exhibit D, Subsection j - Roads b►..M.�:W..e�la.—:k.... -,.:t.+.s1 ,S..,:f,-,y.-r; Applicant: Nikolaus Arnusch Prepared by: Kurt Arnusch — March 6th, 2023 E lne Path Polygon Circle 3D path 1) polygon Measure the distance between muJtpe points on me ro.;nC Length: 466.59 Feet Show Elevation Profile v/ Mouse Navigation Save Clear New mine/scale access road. Road is minimally improved. Construction: Dirt/native soil top -coated with native sand/gravel 3" deep. 14'W x 466.391 N tg„d ._.., Sheet: Exhibit D, Subsection j - Roads Prepared by: Kurt Arnusch — March 6th, 2023 Exhibit F Reclamation Plan Map (a) Expected Physical Appearance The physical appearance of the affected area after reclamation work is complete, will be typical of an intermittent stream bed. The mined area will be graded to no more than a 3:1 slope. As the creek bottom is prone to occasional flooding, it is expected that it will remain as a sand bed, with little to no vegetation. Outer banks of the creek will remain grass and vegetatively covered. (b) Final Land Use In accordance with Colorado Revised Statutes § 34-32.5-110 (5)(a) Any operator conducting an operation under a permit issued under this section who has held the permit for two consecutive years or more and who subsequently desires to expand it to a size in excess of the limitation set forth in subsection (1) of this section may request the conversion of the permit by filing an application for a permit pursuant to subsection (1) of this section or section 34-32.5-112, except t Exhibit E of the current 110c approved permit, paragraph 3 states: "The reclamation plan will result in a return of the area to the equivalent use of the adjacent native low -productive pastureland." Applicant: Nikolaus Arnusch Prepared By: Kurt Arnusch — March 6th, 2023 Sheet: Exhibit F Reference Map Scale: North 1"= 660' Applicant: Nikolaus Arnusch Prepared By: Kurt Arnusch —June 4th, 2023 Sheet: Exhibit F Phased Reclamation Plan Map Scale: North Platform Bench to Match Existing Hillside Grade Phase 5 4.79 Mineable acres 15.66 Non -Mineable affected acres 1"= 660' • %,"/ LEGEND: Slope Direction at 3:1 — Applicant: Nikolaus Arnusch Prepared By: Kurt Afnusch —June 4th, 2023 Sheet: Exhibit F Contour Intervals and slope Scale: 1"= 660' North Description of ail impacted areas shown in the maps above, including proposed final land use is included within this document in Exhibit E — Reclamation Plan. to 3 Acre where topsoil will be replaced. This area is not specified for this action in the original 110c permit, However, as the landowner and resident of the property, this operation has been determined necessary to maintain the integrity of the stream bed and adjacent farmland. Prepared By: Kurt Arryusch —June 0, 2023 Sheet: Exhibit F Contour Intervals and slope Scale: North This area is specified in the original 110c permit. The area will encompass to 1'A acres. Topsoil will be uniformly spread over the area and reclamation specifics as outlined above will be followed. Applicant: Nikolaus Arnusch 1"= 660' Exhibit N Source of Legal Right to Enter ••aa..orl CO Source of Legal Right to Enter: Wel. • County Property Information (970) 400.3650 PROPERTY PORTAL Technkal Support (970)400 4357 -1r- Anti Windy Wass* Dtbs. 13 ® C s e ® ID tying 140.01 i+!tw Panels i t ) Owner; ARNUSCH N[KOIAUS Account AOitOb•; Part"• 147 7:10X02 i Address: 34%'? 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B 1032 REC 01969206 06/04/84 15:46 $3.00 1/001 F 1189 MARY ANN FEIJERSTEIN CLERK & RECORDER WELD CO, CO G) -Off (Ieii,,i IJeed, THIS DEED is a conveyance horn the individual(s). corporations! or other enttty(tes) named below as GRANTOR to the individual(s) or entity(ies) named below as GRANTEE of whatever interest the GRANTOR . may have in the real property described below The GRANTOR hereby sells and quit claims to the GRANTEE the real property described below with all tts appurtenances The specific terms of this deed are Grantor. (Gee nemesis) ant placers, of residence. if the spouse of the owner -granter .s puling .n this Deed to release homestead tights identify grantors as husband and vote t Florence I. Arnusch P. O. BOX 384 Keeneshurq, Colorado 80643 Grantee: (Owe mineral and addressfes, statements of address .nctudrnt; available roam or street number is requited Nikolaus Arnusch 34527 Road 6 • Keenesburg, Colorado 80643 Form of Co -Ownership: of there are two no more grantees named they will be considered to lake as tenants to common unless the wards .n to.nt tenancy or words Of lye same me...9 are added in the Soave bet,: l Property Description: (include county stns stater The N}swl; SE) of Section 23, Township 1 North, Range 63 West of the 6th P.M., except part described in Boot: 622 at page 428, and except reservations in Book 201 at page 60, in Book 223 at page 164 and in Book 233 at page 164, TOGETHER with all improvements located thereon; TOGETHER with all reservoir, ditch and water rights appurtenant to all of the above -described land; TOGETHER with Irrigation Well Ito. 5945-F registered with the State Engineer of the State of Colorado, located in the tiE1 of Section 27, Township 1 North, Range 63 West, with a right to drill a new replacetaent well, if needed and if approved by State Engineer in NE) of said Section 27 within 300 feet of said present well, with the pumps and motors and all pipelines appurtenant thereto for conveying water from said well site to the above -demised land and to SfSW1 of Section 23, Township 1 Borth, Range 63 West, TOGETHER with an easement for said pipelines one rod wide across said NE); TOGETHER with all fienrylynn water rights at Ap ,}o the demised premises and to S4SW1 said Section 23. Reseeiltons-Restrictions: f of the GRANTOR intends to reserve any interest in tt;s• property or fs eooecy Ie5s than he noes no rot tee GRANTOR .s restricting the GRANtfE5 right in the property make appropriate •nd•catern t tiretuteo o, the Grantee on June t9 84 llynahr►. cievw tw i.'orporiUon. Pennon.. or aissoetolfon -- t fir O, hero at LraMor Cwrx ration ParEneneap or Assotrab4n Attest '4 SroTfof COclft;Y�' t%' ► ss .i'. Tr a tAr sesj *,3e to•.rs,rx sr' ., •re 0 : e ;.l Arnusch. it Rrf%n , ran7 a.;s srat.LC.1, r�fe�w.piAAM{ttiC �rt....'.-t...r'.'`r�; w StAfe Opo } ss COUNTY Of / slre.ehrre,_C ws/ tnettA.ral(s}_ 2G 1te._( "- ,L lit 1(1,6 ! `— orence I. Arnusch Grantor Grantor o.r w June 1484 r r . rrwertr Public Exhibit S Permanent Man -Made Structures Permanent Man -Made Structures: The following man-made structures are located within 200 feet of the permit boundary. ➢ A Tri-State Generation and Transmission Power line runs parallel to county Rd. 71 to the east of the affected Permit Boundary. The following is a copy of an easement granted by the Applicant of this permit to Tri-State Generation: 1 Paragraph 7 specifically allows for the operation of mining operations so long as the operation is conducted outside of the granted right-of-way area. As discussed during the DRMS Pre -Op Inspection on May 24th, 2023 by Michael Cunningham and Eric Scott, Weld County Road 6 has been abandoned by the County 30 some odd years ago. Below are photos of two new barricades Weld County has installed just this year, as the previous ones installed have become so deteriorated, they were ineffective. Photo taken June 28, 2023 from the Intersection of County Rd. 71 and County Rd. 6. Looking west toward Nikolaus Arnusch residence. Photo taken June 28, 2023 from the driveway entrance of Nikolaus Arnusch residence looking east. Please notice that the road right of way has become overgrown and impassible with anything other than an ATE'. It was also discussed that the easement for Tri-State Generation lies between County Rd. 71 and the affected AREA which has been shown throughout this application will NEVER BE MINED. The area is included SOLELY because it is the only suitable area in which to place the scale and screening equipment. This photo was taken 6-30-23. As you will notice the scale house is located in the top, left hand corner of the photo and there is screening equipment shown in the upper right hand corner. Mining of this higher, level ground where the equipment is located would be counterproductive and illogical to our operation. First of all, it would leave me without an area to place this equipment. Secoid, it would void insurance coverage for the equipment. Finally, there is no mineable construction material located there. All mineable, useable construction material is located under the water shown above. Rule 1.1 GENERAL PROVISIONS AND REQUIREMENTS - PERMIT PROCESS Definitions As specified in Rule 1.1(3) below: (3) "Affected Land" means the surface of an area within the state where a mining operation is being or will be conducted, which surface is disturbed as a result of such operation. Affected lands include but shall not be limited to private ways, roads, except those roads excluded pursuant to Rule 1.1(3), and railroad lines appurtenant to any such area; land excavations; exploration sites; drill sites or workings; refuse banks or spoil piles; evaporation or settling ponds; work, parking, storage or waste discharge areas; and areas in which structures, facilities, equipment, machines, tools or other materials or property which result from or are used in such operations are situated. All lands shall be excluded that would be otherwise included as land affected but which have been reclaimed in accordance with an approved plan or otherwise, as may be approved by the Board. Aff County Road 71 has existed for decades prior to the original Permit Application filed for by Weld County in 1982. This road was not constructed to support any type of mining operation but was in fact used by Weld County to remove construction material when they operated the pit. This road will not be substantially upgraded to support the mining operation and in fact, is barely maintained by the County as it is. aQ COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources NOTICE Consideration of Construction Materials Reclamation Permit Permit Conversion Application DATE: March 15, 2023 TO: Weld County Commissioners 1150O St Greeley, CO 80631 FROM: Eric C. Scott RE: Arnusch Gravel Pit 3 - File No. M-1981-287, Nikolaus Arnusch Permit Conversion Application (CN-1) 110c to 112c Permit Conversion RECEIVED MAR 21 2023 WELD COUNTY COMMISSIONERS Please be advised that on March 15, 2023, Nikolaus Arnusch, whose address and telephone number are 34527 WCR 6, Keenesburg, CO 80643; (720) 383-2051, filed an application for a/an Permit Conversion (CN- 1) to M1981287, Arnusch Gravel Pit 3, which is located approximately 8 miles Southeast of Keenesburg, Section 23, Township 1N, Range 63W, 06th Principle Meridian, in Weld County. Convert from 110c to 112c Permit by adding 33.45 acres to the existing 9.8 acre permit for a total of 43.25 permitted acres. The application decision is scheduled for June 13, 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. Nikolaus Arnusch 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-GR-03A-P Physical Address: 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 Mailing Address: DRMS Room 215, 1001 E 62nd Ave, Denver, CO 80216 httos://drms.colorado.aov Jared S. Pons, ,,j, Dan Gibs, Executive Director I Vita Brannon, Director Rev e(A) 04/1o/23 cc'. PL, (TPfMW/DA /Ko /DA) Pw (ci-I I ER/C K/ co/DO, 04/04/23 2o23 - ongS RECEIVED MAR 13 2023 WELCUNTY NOTICE OF FILING APPLICATION COMMISSIONERS FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF COUNTY COMMISSIONERS 4/eh' COUNTY 1 {Zk/74J �r /l5c b (the "Applicant/Operator") has applied for a Regular (112) reclamation permit from the Co rgd Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials operations in / County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is 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 _ 7/i/re/1 /?(�,® use. Pursuant to Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the 1 cd al 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 lastpublication 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 application, please contact the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567. ?ow. c Rev; ec,� cc'. Pc erP/MN/DA,Ko /Dn), PW(cH/FR/ci/DDrou) O4/03 (23 03/29 /23 2023-0895 STATE OF COLORADO CONSTRUCTION .MATERIALS REGULAR (112) OPERATION RECLAMATION PERMIT APPLICATION FOR . ,_ There is File Nu bet Already. Assigned to thi Operatic t (Please reference the €ile number currently assi lto the eper tt New Appiication (Rcale 1.4,5) Amendment Application (Rule 1.1€1) K Conversion Application (Rule 1,1 l ) 1981 - >287 - (provide For Amendments' and Conversions of existing The application for a C nst €tction 1 ateri l Regular 112 Operation Reclamation Permit contains three major parts: (1) the application farm; (2) Exhibits A'S, Addendum':iI. y s ctiotts f exhibit 6.5 (Geotechnical Stability Exhibit; and (3) the application fee. When you. utnnit 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 .-S, Addendum! 1, appropriate sections of ti, 5 (Geotecnical Stability 1. exhibit. and acheck for the application tee described under Section (4) below, Exhibits should (SQl 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 lNl ORhMATIGN; Type r r print clearly, in th, space provided, MIDI, information requested below. Annli atttlonergtoror ettmnan name (name to lie used ort permit): Nikolaus Arnusch 1.1 Type of rrgani anon (corporation, partnership. etc.)'. individual Qperaeton na a {pit; chine car site.nanne( Arnusch Gravel Pit 3 Fermi d nearea a fnew or e:xls s!site): 9.8 permitted acres. 4.1 New Application 4.2 New Quarry Application 4.4 Amendment Fee 4.5 Conversion to 112 operations (set by statute) Primary cotiidisl to mined: sand gravel 5.1 lrteidentat corrii tie( ) to be mined ; l::n/a lbs!'Toes/ r 2 tbs''fon ' r 4. 1bs/"l ons±yt 5.2 :Anticipated end use of teary centatotlitie(s);to be milted: construction mat,3rial 5.3 Anticipated end cat` incidental commodities) io be rnined:''n/a 33.45.:. 4325 ,A2,696.00 696.00 plication fee .15 42.00 quarry application __$2ry229.n0 amendment fee $2,696.00 conversion fee. / + y ib l'cros, r (by Tonstyr Long ) -104,32571049 OR Universal Tranverse lvtercator (U']"Mj l xample: 201336.3 E NAD27 Lone l3 4398351.2 N I0, Priettarr MI ne Entrance L on (report in either :Cantu Lathe/Longitude: Example: (N) 39° 44' 12.98" (W) 104 59" 3,87": Name of owner o rights of affected land: iks l { JAr�iuseh If2 or more ors ers, "refer to Exhibit 0". Name! of owner of s rf ce c f e ted land: Nikolaus Arr usch Surface .i:..:. Undergroutttt hoc 9e? Information: 't tte center tzl t area where the majority of`mining will occur: `OUNNTY: Weld �" PRINCIPAL MERIDIAN (check one): El 6th (Cotorado) L., €0th (New Mexico) O Ute SECTION (write numiser): S 23 TOWNSHIP (write number and check direction): T 1 0 -. North El South RANGE (write number and check direction): R 63 least El West QUARTER SECTION (check one): X L... W QUARTER/QUARTER SECTION check one): NEit] NW X SW GENERAL DESCRIPTION: (the nuttater e f miles and direction from the nearest town and the approximate elevation): The operation is located approximately 10 air miles South/Southwest of the town of Rgggen, Elev. 4714ft_ gitude Q 1 UTM): (2 decimal places) (2 decimal places) 03523383 (5 decimal placers) (5 decimal places) Nod 83 tum (specify NAD27, NAD83 or WGS 84) APPLI SNV.. RAT R. (name, address, and phone cif Contact's Marne:' Nikolaus Arnusch C. owly ame Creel P; J. on: 84527: Rd. 6 City: Keenesburg Mate: of r lo, Telephone iumker 7 0 1 X83 ?851 ................................................. Fax N"u€mr: PERMITTING C ONTA+ T Contact's Marne• Co pan Name: StreetlP0. Bctx 'diffe ?nt Iron :t Kurt Arnusch Lo Greek Cattle Company l l C .• Title: permitting contact P.O. Box: 551 Zip Code: 80643 State: Colprdo Telephone 1 iun ber: 307 I - 381-91 6 Fax Hurt ber _. INSPECTION C0NTAC7" Contact's Name: Kurt Arnus.Title: inspection contact ompinyArnusch Name.: Lost Creek C.tt. LAC itreeO . Box: P.O. Bs x 55'1: C ity: e neshurg: Stater to do dip t',c de: 80643 Telephone Num ber: { g7 ) _ 331-915.6 Fax Number,._. _....... CC: STATE. OR FED ERAL;LANDOWN' Agency: Telephone Nurtaia ( - CC. STATE: OR. p'IsULRAL ANJi i "I R (it any) Agency: litre (Po nt mir ine) t ynd u jeheck cafe}: Clat d(CR} a iureland(PL; Raagelattd(RI.r or stry(FR) Residential(R}ieation(RC; T veto d ld aterl .esoarces(WR 13..: Prk one 'i opiactd(CR) X Pasturelatel(•PL) Rangeland(Rt..} Forestry(1'R) esidentl l(RS) Redr fion(RC) 14. Method at Minim: Briefly. expiate mining; Material is moved and removed with 13.1 '.Briefly explain mining me equipment, conveyors and loader, General Agriculture(GA) Wildlife I tabitat(W:.) Industrial# crntnercial(tC) Solid Waste Dis oral( 'D) Gent ral Agriculture(GA) Wildlife I Iabitat(m t } Industrial Comrrtercial(IC:.) the use of mechanical means of loader, dozer and/or truck. thod (e.g truck./shovel): Material is separated through the use of mechanical screening none used n, provide a brief narrative describing the proposed thane(s). We are converting from a:11 tic permit to a 112c permit as a means to expand the mineable acreage and affected area of the existing operation in accordance with and pursuant to Colorado Revised Statutes Manrs and tdbjl Two i(2) complete, unba form and the set ofmaps within the application must for ease of reference. If sepute d urtd application packages must be submitted: One complete application package consists of a signed application and exhibits referenced below as Exhibits A -S, Addendum 1. and the Geotcchnical Stability Exhibit. Each exhibit ed as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively d as appendices, please reference these by name in the exhibit. p With each of the twd ( l sig d application forms, you I fc Mo wing re erences'In Rule 6.4, 6.5 and 1.6.2(1)(b), EXHIBIT A Legal Description EXHIBIT B Index Map it a corresponding set of the maps and exhibits as described in the EX HII I7` C Pre -Mining and Mining Plan Ma(s) of Affected Lands EXHIBIT I) Mining Plan EXHIBIT E Reclamation Plan EXHIBIT F Reclamation Plan Map EXHIBIT G Water Inform Lion EXHIBIT H Wild ife Information EXHIBIT I Soils lnt' rntafiion EXHIBIT J Vegetation Inf ematiort EX K Climate'lnfcrrmatiort EXHIBIT L Reclamation Costs EXHIBIT M ()then Permits and Licenses EXHIBIT N : S acre of Legal Right -To -Enter EXHIBIT C) Owners of Re EXHIBIT I' Municipalrties Within Two Miles EXHIBIT Q Proof of Mailing of Notices tv County Commissioners EXHIBIT R Proof of Filing with County Clerk or Recorder EXHIBITS Permanent lean; -Made Structures Rule t.6.2(I)(b) ADDENDUM I - Notice Requirements (sample enclosed) Rule 6.5 ateStability ,Exhibit (any required sections) cord of Affected Land (Surface Area) and Owners of Substance to be Mined The instructions for preparing Exhibits A -S, Addendum 1 Rule 1.6.2{ l)(b) of the Rules and Regulations. tf vau have or would like to schedules pre -application meeting you ma Responsibilities as a Per and Conservation District and Geotechnical Stability Exhibit are specified water Rule 6.4 and 6.5 and any questions on preparing the Exhibits or content of the information required, y contact the Office at 353-866-3567. 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,'sltould 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. I(A,, 1. Your obligation to reclaim the si liability for all reasonable expenses associated with your ruining operatiot is not limited to the amount of the financial warranty. You assume legal ehich the Board or the Office may incur to reclaim the affected lands in the event your permit is revoked and financial w=arranty :is forfeited; K.A. 2. The Board may st spend'or revoke this permit, or assess a civil violated the terms or conditions of this permit, the Act, the Mineral contained in the application or your permit misrepresent important m K.A 3. If your mining and reclamation operations boundary, substantial civil penalties, to you p malty. upon a finding that the permitfee tes and Regulations, or that information l facts; na ffect areas beyond the boundaries of an approved permit ittee can result; reclamat plan front those described in your approved cation and obtain approval from the Board or Office;. KA. 4 Any modification to the >approved mining and application rec Aires you to submit a permit'modift K.A. 5. It is your responsibility to notify 6. Upon permit issuance and pr the mine site, which shall be clean Warne f the opera the Office of any changes in your address or phone nu beginning on -site mining activity, you must post a sign at the entrance of Bible, from the access road, with the following information (Rule 3.1.12): a statement that a reclamation permit for the operation has been iss Reclamation Board: and, the rt number.. K.A. K. K.A. 9, Annually, vn the anniversary date of'permit issuance, you must submit an atsaaal 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 ()fluty 1,1995, the annual fee is for the period of July 1, 1994 through. lu 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 warrantyj. 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. Colorado Mined Land The boundaries of the perrrtit botandary'area must be marked by monunt visible and adequate to delineate such. boundaries prior to site disturbance, 8. It is a provision of this per conditions listed in your application and Regulations in effect at the rim ne or other markers that are clearly mit that the operations will be conducted in accordance with the terms and as well as with the provisions ofthe Act and the Construction Material Rules e the permit is issued. K.A. i 0. For joint venture/p rtnership operators: the power of attorney (provided by the partner{s)) application. igning representative is authorized to sign this document and a thorizitg the signature of the representative is attached to this It is likely there will be additions, changes, and deletions to this document prior to final de you have any comments cr concerns you must contact the applicant or the Office prior tc know what changes may have been mae: to ti application document. not allowed to consider ccn should contact the applican by the Office, Therefore, if he decision date so that you will itten, and received prior to the end of the public comment ublic comment period. l fyou have questions about the Mined and R. at on .Board and ( contact the Office at (303) 866-3567. weals process, you may -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 qre 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 finding. 4. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112,C.R.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification 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 sect4ion 34-32.5-123, C.R.S. Signed and dated this /'7day of //G/'l/e 7 , /0// 77//5a 74/ ilk/1 kale/ Applicant/Operatgr or Company Name / Signed: L ---7/J Title: A�i3,�,�'`%////e. State of Colora.d0 County of W r t cl ) ss. If Corporation Attest (Seal) Signed: Corporate Secretary or Equivalent Town/City/County Clerk _ The foregoing/I tru nt ckno edged b��e me this 2 / day of %V1uO C it 2,011, by /e7, �'/7 /5 fas /'/r-�ri�/C/7 v'� of /1.///.04-1/./ /7 aid) I GAGE C0CHRAN I I NOTARY PUBUC - STATE OF COLORADO I I NOTARY ID 20221023880 I MY COMMISSION EXPIRES JUN 17, 2026 ( Puk My Commission expires: Jv oe t , i 0 2 (6' SIGNATURES MUST BE IN BLUE INK You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a propo, nmg ol; g is a mapleof the: Notice required for Rule l.6. (l b) tha NOTICE y ish to use. Tht site is the location of proposed construction materials operation. (Name of the Applicant/Operator) Nikolaus Arnusph vho ages«, and:p one number is (Address and Ph r a Number ofthe Applicant/ C rator)34 a27 Rd t Keenesbur9, CO. 8003 720-383..2051 has applied' fora Reclamation Permit with me Colorado Mined Land Reclamation Board. Anyone wishing to comment ran the. application may view the application at the (County `Marne) Weld Cotanty Clerk and Recorder's Office, (Clerk and Reccorderfs.t t ce Address) 1250 H St Greeley, CO 80631 , and should:: send comments prior to the end of the public comment perm# to the Division of R.eclarnatron,! Vlnning, and Safety 1313 Sherman ; t, Room 2154 Denver, Colorado 80203. Certilie 1, • Kurt Arnusch ;! by certify that I posted a s untaining the above notice for the proposed Operate 3 Arnusch Gravel Pit #4 on S1GNAT[. R Posted) J.7 DATE. Exhibit A Legal Description 1 Legal Description: SE % of Section 23, Township 1 North, Range 63 West of the 6th P.M. except, any portion thereof conveyed in Warranty Deed recorded Feb. 28, 1992 at Reception No. 2279494, County of Weld, State of Colorado. Legal Description Meets and Bounds as recorded: Account R©75©€192 March 8.2823 2. Affected area: NE 'A of SE 'A and SW 'A of SE 'A of Section 23, Township 1 North, Range 63 West of the 6° P.M.. Street address: 34527 WCR. 6 Keenesburg, Colorado 80643 Mine entrance in decimal degrees: 40.03523383 North Latitude -104.39571049 West Longitude This location is shown on the accompanying maps. (2). Exhibit B Index Map Index Map: Exhibit C Pre -mining and Mining Plan Maps of Affected Lands (a) all adjoining surface owners of record: Weld County PROPERTY PORTAL Property Information (970) 400-3650 Technical Support (970) 400 4357 Toots Identity Measure Draw Advanced Le',ers K Home Legend Results 9.r Parcels (1) Owner: ARNUSCH NIKOLAUS 0 0 0 ® O OA nes Address . ccct1nt r. Parcel S -T -R Subdrvisacii Adv. Search Data Search Search ay O Account i:u Parcel: 41 T 3C u(NI Address: ?..4527 COUNTY ROAD 6 WELD Subdivision: Section: : Township: 1N Range: 63W Taal rasuagaltkgg Data Search guffer jales Displaying 1 - 1 (Total: 1) ill 4 Page 1of1 ► I► Open Str„. cow Parcels (I ) WCR 6 Tool Labels 7 a Part Initial Vies Pnnt Point Distance Tools Weld County GIS I t QpenStreetMao cos trio X (A NET4D e, t. cOfll Co Weld County PROPERTY PORTAL Property Information (970) 400.3650 Technical Support (970) 400.1357 10c V trttt if Measure Woe Aayat tgo A • • Horne Leland Show Resists Panels (1) Owner: MADOLE KERRY RAY Cite 14cfrra Accounts parcels s-i•R O Account::- Pared:14)fl43000t6 Address: Subdivision: Section: 24 Township: IN Range: 63W lists ?CQQSlv-astvi Waimea lames Sas 0,594109 I • I (Total: 1) 41 4 Page l of l ► I► r, e: s 9 Parcels (1) . • • Sant► p:, :sxtr+ $Iamb j NE '' ."EC. 23, TNSHP 1 N, R61W Pan !Val Ye* . . ll.uiaa. e 1: ® Tool labels 1 weld County OS Isbw` . . X WELD Weld County wr:ccanrtrca PROPER T l PORTAL Property Information (970) 400.3650 Technical Support (970) 400-4357 Identify Measure A Lavers Home legend Results She • • a Parcels (2) Owner: THOENE CAREY Draw Account: Parcel: 147723000010 Address: Subdivision: Section: L= Township: 'N Range: 63W Taxej PEQperty Report Data Search Suffer Owner: THOENE KEITH 1 Advanced 0 C3 la II Owner Address account = Parcel = S -T -R $dies �s ta7 OCTrck to view feature details. Account: . Parcel: Address: Subdivision: Section: 5 Township:: N Range: 63 W laxes Pigpen). Report Data Sealcll Suffer Satesl Displaying 1 - 2 (Total: 2) 41 4 Page 1 of 1 ► I► QParcels (2) Search By a Subdivision Adv. Stitch Data Search a Pan Initial view NE %, SEC. 23, TNSHP 1 N, R61W ® Tool labels 8 Paint Point Toots Weld County GIS l t QpenStrerttvlag tontnb X t It ..coeora+n ca We l d County PROPERTY PORTAL Property information (9/0) 400-3650 Technical Support (970) 400-4357 (dent r r Measure 110 • Herne Legend Results Shove 4- Parcels (2) Owner: HUWA TYRUN Draw ,Advar'c ® C3 O® ® B EI Chimer Addres Accounts Parcel= S-T•F. U Account R8061720 Parcel: 147723100029 Address: 34482 COUNTY ROAD 8 WELD Subdivision: Section:. Township: ? N Range. 63W Taxes 1219ati-agPort Data Search puffer Sales Owner: HUWA KELU Account R8961720 Parcel: 147723`00029 Address: 34482 COUNTt ROAD 8 WELD Subdivision: Section: Township: IN Rang*: 63W Taxes Pro •• R;p Data Search offer $ales Displaying 1 - 2 (Total: 2) 41 4 Page 1 of 1 ► 1► •=U Parcels Click to view feature del Search By Subjlit:ton At. Search Data Seash NE 1/11 SEC. ►3, TNSHP 1 N, R61W _ Irl Tool Labels Weld:CouMy GIS l.t QgenStreetMap contnb X 6. ..:.' -- NEED WirstiCOJAM, Co Weld County PROPERTY PORTAL Property Information (970) 400-3650 Technical Support (970) 4004357 ;Lit :It' ;;'ensure A . : ta.ess Home Legend Result; F Parcels (2) Owner: NEMECEK LADISLAV Draw 0 Owner Account hA•su :IL? Parcel: 7726000 02 Address: 3.454S COUNTY ROAD 6 WELD Subdivision: Section: 26 Township: 'N Range: 63W Taxes SQP 3i_Reior Qata Search Buffer 12l±_s Owner: NEMECEK LADISLAV M O Account R6529_86 Parcel: 147726000002 Address: 4548 COUNTY ROAD 6 WELD Subdivision: Section: _r: Township: IN Range: 63W Taxes Prrapett`; Report pata Search Suffer Sales Displaying 1 - 2 (Total: 2) 41 4 Page 1 of 1 ► I► Parcels (2) iA4.:.atit C. ... ® 0 &dv. Starch Data Search Address Account= Parcel= S -1-'R Subdivision Search By Tools co Tool Labels X a a F • • Pan tnitial View Pin{ Point istance NE r, SEC 23, TNSHP 1 N, R61W a - (b) List of Structures Within 200 Feet of Permit Boundary ALTVACSNI LAND TITLE SURVEY irons Of TY* E T114 Of OCTICIII 1 . ' O . 'O Mt em Pit �f ,f •, WSWOOSWISONNISS *K&'wS dlk'' ellen S. ltltS . Mt Si* agatd 44 el8blarri ta -AUf. ***WS - O* W N. r.rcol.�fi .�ln u�n'G«^�xoea+.e!w,t<ewe. lgoirgts C h11Y6 Si. 4, t,p ts:qK %$ 1f(t WW44 Wie . 4r 3tF +YNN(HK.7*,..NatN+. �e y 4S warr S iwa •stair * *S 4' * KQ Aytl E• u.; (i9?' * krP441444.4t `.ait tract tR. y *IC*" I * i. t intMft4 VR'�R WRY ara at4, satsfOLIP +N/.ftttOIX<K!COfANnhhV�Yy 4440414,d it%•.W��y Sil�:� b•Jpk�pr� �4 Y�ili' 1 4 roteawverie. W OOOIII• 4MMYW • Wean A* nor WE I. 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IfIHI eefeee teaft •A'NNi:N 1N' 4WCW I:I.VINHINIINN $�34�(p.yy ))�y1��'ttam.;� yyiy.Js�yyd¢0%'��' Irtygg� `fqqi� 4�FI�.• AC VOS aYVZ7 S ;.s OY. *444. T -M -STATE GENERATION TRANSMISSION TS Eases Seteration # County R..O.W. 301 9.157) gnaw separation 73' Tri-Stat Gen, Easemert 37S Ott, fig . N , ' y gSt )0410 N. (4.�'zala*S..?;ea<Kkd.'s1f'tiIX{{{{OfitL'ifG;Jdac.wc...amotGFRsxwFFh`LiPiaai$Jf6o:wraao3nSG<G;;dc: .,-.-.•. .... •: ':.�",...,.-: .,, ...-: . � I 'c0.<h�,�6w:eawo:c•�✓,asCa�ulo.�sfoaJ.wct�ddld�:do�a'do-woeb�lo-flooVeo'e�'"iiad�iia•C.6K<�.a(d4ci�13G2�33ss:,X-lowt m=tilarf. � < { t,p aIN It pp(( '!!�S.�/ !'�F [. iivs? a ..fa`<K4oY+tu.c acG .<.<./Af0f61<KOOlQ1C:C,4:v.�scPj{MKNt{ y m6S40. a ittii SE o 410 se arkossiits new �0owr4t. eoro � :Ix1e«I«t: anwt Wert SW. LEGEND • c *SS y4 a(4SM IW Xeslit00lWN• SS AS Afa as t w Y n6.00efelk At 4C i400•* "a*, 44 440,.. tsm ' •A. ltllC SIC,.. s?7a s7 -S Sate ptN(N,.venvth "IIM9'MI III/N!N / (4444py. N V•WKACe•SX. «ttt«{t«tb: * I *ittows$4tiesitsent .f04Ct CalittrOli . e> ! w F .a«At tot -is** t wng. 44044 AfreasSaii t C9022630 SEC 23 SE 1. nfik *flak *lito 40. SA. .0040 Watt% 4."Itt �� A. <.4(/117sr yvA�kkibakd4 to ,y�`' at*i''•""'8.Z "<••.v;f. ** :Ata^A'Fr+ llftS {f. y�F nor :y�•p� ,pf'.h`-`' .`. l•:l0N.Y«N//Ne.tevo NNttKOIMOOOJI p�p({(OW1$1E 40;444w/.N'u/NiiWNNY..:*; M/i:WNNwt # .. .. • �� N:e+wiRwtMw+W,W/p.�Y.G<.QyN!' a r .* �3 .. 11 a tan tessaist. #t vs it 40�Ap 0' ` 2.1 ist.. .ice' . APB le "St s suitsoftso'V tivErga Plc" A *WPC fl <v a C 4444064,41 Wrier" 214,411 ft4:{>`.::.bOMVtiw.•.41MMNM tAMw.. I tWG,w1/v(...%tt40h5^"':1^Y '::S`.'.':4•."(IA. . v 1 -f--.4 47MY.VN .tU�JN''. {t1MWH11M4[4«<{« €A<««<{«<{««4< \' {� A.,,. vMet•NN«b0@gM4.IM1tNIYMNttIX<: v{tl6KAAy�{wV�cw�ww�o�Y+� RE C .O22838 EC .23 SE 4 { : . iti*Sjre 4801104i4,40 t q PIO N ... WGAc.•{:Qt{.' SEC 24 r+.< ,mtater0C4f L NI(IH N/e :tu<tuaeesuutu<uu<u<eu•:+ v.i:\-)C:f«u '4tit.«wlaNiNK«tt<d4tu...V.4“ .. • ,�y 400t{<OOOM'4LOOK4000t<MO4GOOF� O .i{aNtw y.ee.heisek•:;°r:�<oeeeeee«eeeeweea«a«�;e�``ev'' Ater t4 :Mt«VA4« {,y. : fs9oi°'w.s0000wa:adlewr eceeonewsv. saki *Saar •i .t..i4t««i« « »' »w it #404 * t .tneseknetifet va,„t wvaCcosa Ma/Vet Mvsictainagegt Wit kt Ova•cf vte Ctao tow LEGEND • .Mt«v •Ar"+ O1. iO7HH�� pyA4Qc,,.., 1:Ni<40Nttlaiw vona1VAfuif,Yl/NY 7Q: ...<tt446"4i«<ttNIXetN<Os3«««K.Mtu✓«:«{a<««<K«4f40��ia2'�Ft "K~ tip - I I Project: Prospect Valley -Sand Creek Parcel: #0061 KNOW ALL MEN BY THESE PRESENTS: 1. That the undersigned NIKOLAUS ARNUSCH hereinafter called Grantor, in consideration of the sum of Ten Dollars (S10.00), and of the further agreements, compensation, and considerations herein stated, receipt of which is hereby acknowledged, does hereby grant to TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC., of Adams -County, Colorado -(hereinafter called: Grantee):and_to-its. agents, successors and assigns, an easement and right..of--way for the erection, construction, reconstruction, replacement, modifications, uprating, upgrading, removal, maintenance and operation of an electric transmission line consisting of structures, poles, towers, wires, cables, footings, fai}ndations, cross -arms and other equipment and fixtures, supporting one or more electrical circuits and communication facilities with right to alter, repair, maintain, upgrade, permit the attachment of wires of others, and remove the same in whole or in part at any time, on, over, under and across the easement and right-of-way which is situated in Weld County, in the State of Colorado and described on the attached Exhibit A. 2. That Grantee shall also have the right of ingress and egress across Grantor's property, for any purpose necessary in connection with the erection, construction, reconstruction, replacement, upgrade, removal, maintenance and operation of said line and that such right of ingress and egress shall be considered a covenant which runs with the land. Such ingress and egress shall be exercised in a reasonable manner. 3. That Grantor covenants and agrees that he/she/it is the owner of the above described lands, and the rights granted herein are • subject only to easements of record or in use, as well as outstanding mineral rights of record in third parties. Grantor further covenants that any subsequent grantees who are granted any interest in the rights -of -way conveyed herein will be required to enter into a joint use and maintenance agreement with Grantee, and that this covenant shall -be -deemed -to -run -with -the -land; 4. That Grantee shall also have the right at any time to cut, remove, clear away, trim and control, by chemical means, machinery or otherwise, any and all trees, brush and shrubbery whether on the rights -of -way described herein, or adjacent thereto, which now or hereafter, in the sole and exclusive opinion of Grantee, may interfere with the safe construction, operation and maintenance of the line, and the equipment used in connection therewith. 5. That Grantee shall also have the right to install, maintain and use gates in all fences which now or might hereafter cross or be adjacent to the rights -of -way conveyed herein. 6. That Grantee shall at all times exercise due care and diligence to avoid damage to the fences, crops, livestock and other personal property on said real property and shall repair or pay the undersigned for any and all damage to said fences, crops, livestock and other personal property caused by Grantee's agents or employees while performing construction or maintenance work on said rights -of -way. I INUI 11111 111111111 FYI IYII 1111111 III 111 IIII R 2884993 04/08/1999 11.2911:Weld County CO 1 of 7 R 36.00 D 0.00 JA Sukt Teukamoto RECORDER'S MEMORANDUM THIS DOCUMENT WAS FOUND TO BE INADEQUATE FOR -SCANNING PURPOSES. 1. 7. The Grantor shall have the right to cultivate, graze, use, occupy, and have access to and across the easement area described herein for any purposes which will not constitute a hazard to life or limb, or interfere with any of the rights and privileges herein granted to the Grantee. Unless written permission is granted by Grantee, Grantor shall not erect or construct any building or other structure (including mobile homes or travel trailers), or store flammable or explosive materials or stack hay or straw, or conduct fueling operations, or construct, install or operate above ground mechanical irrigation facilities which could make an electrical contact with the conductors, or drill wells or conduct mining operations, or appreciably alter the grade of the ground surface, within the right-of-way. Upon receipt of written notice from Grantee identifying material or property deemed by Grantee to interfere with the safe operation or. maintenance of the line, Grantor, his/her/its successors, heirs or assigns shall remove the material or property within 10 days. If there is a failure to so remove the material within 10 days, Grantee, its agent, successors or assigns shall have the right to remove the material -or property and collect the costs of such removal from Grantor, his/her/its successors or assigns. 8. Th4t, Grantor his/her/its successors, heirs or assigns, agrees that all structures, poles, wires and other facilities installed on the above -described lands at the Grantee's expense, shall remain the property of the Grantee, removable at the sole discretion of the Grantee; provided however, that any fences, gates culverts or ditches constructed by Grantee may be conveyed to Grantor on such terms and conditions and at such times as may be mutually agreed upon by Grantor and Grantee. 9. In the event the transmission line is removed and the right-of-way is permanently abandoned, this easement shall bp terminated by a quit claim deed from Grantee, its successors and assigns, to Grantor, his/her/its heirs or assigns. Non-use or a limited use of this easement shall not prevent Grantee from thereafter making use of this easement to the full extent herein authorized. 10. The provisions of this easement°shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the undersigned has set his/her/its hands on this I day of VYl r. r:. k.. 1911. . GRANTOR: NIKOLAUS ARNUSCH, .c, n 4 74 ,•e I uH11 Nfll IAN m IIYY III INIIY m FICIoNIIII BASB. S- 2• ACKNOWLEDGEMENT STATE OF CO I v rat' COUNTY OF (Ai 9.114) ) The foregoing instrument was acknowledged before me this / ' I, day of vvi ,l9'thby of.koia,.,.5 Arv,Accl'� in the County of u..! o 1,1 , State of Co in IN WITNESS WHIEIEEOF I -have heretofore set -my hand-ind-official.seal.the_dayanci year last above written. (Notarial Seal) My commission expires: Notary Public / BURTON C. NOREM NOTARY PUBLIC STATE OF COLORADO fist Commission Expires May 8, 1999 III ICI II1N W 111111111111111111011111111111111 (c) Topography 4 F n m 4 14 i444 ri«fNsYcY3:.44<ace44F Kr.44.. ak4 ,.9 cyok �y.s• • S P�RVe.L4v�_ Y'. k 4 : ?< (d) Affected Land N-- : 43.25 affected acres. • 12 acres — 8.1 currently permitted 3.9 yet to be mined 11 PoInt .4 Point B Point C Point D Point E c •„ Oa. i is is rwA"/tii.ace tiess MVO 1-$ �� w. h •• •4 �0N1M40.. .104 40.E •1"04 •fl'CJ Cl l M. • ST OF ilea iteareOssa la' a SI 0 •!• . eta $1_./er rift s +:.- Aka tall ss+wa •af+"4 (.oauMri CR a sir fQ *Si* a 4R..oa ?ti r • N t b Wf41;. -toa mstu !. Coact,4O,Olf1Fi. `a 3nn4 40 -134 ts4 .:4 40 0$136 tO 034714. .:Q4 *01322 '144 319111 +'302304, :54 �: 104 Trft,2 4.55 acres to be mined 2.95 acres to be mined 3.30 acres to be mined 4.79 acres to be mined •41e r , A v •' * wi1113S•1i, •1O4 441101 • :S0tl4 .104 i9'WSY4 . - •/ • ^• • •. • •- in at W :331 •':. .1.14 aapat: 4t•� d0 'r/4 • 11P • o it: 1 ;:u 1 lee sib 'ann. -104 =at+1 Non- Mineable 14.39 acres scale Screening equipment Stockpile areas ..r •• eta CAP garret! Y►t •••:. *tl3 wit fibs Veil 0041Parere 'tAN6M11iOlf• rr'd 1 S tremens Steelton 4b taenr a O •4 - SO' 4blaOW wprv4n TS' =erilis:e Gee (reel 17 S• 4: :31141 •1.114 fl4Nt i - w • I. 8 P. • • •. , • • S. . Oa Cal 344/0 - I r •t. uoaz•aft a St (e) Present Vegetation The present vegetation of all affected areas of the subject property is Blue Grama, Intermediate Wheatgrass and Little Bluestem. The affected area described above in the map was seeded for the USDA Conservation Reserve Program 20+ years ago. } x i As no reclamation seeding has occurred on any of the affected land in the mineable area shown above, the sparse plant population of the mineable area consists of Blue Grama, Intermediate Wheatgrass and Little Bluestem that has occurred organically. (f) Water Information In accordance with Colorado Revised Statutes § 34-32.5-110 (5)(a) Any operator conducting an operation under a permit issued under this section who has held the permit fcr two consecutive years or more and who subsequently desires to expand it to a size in excess of the limitation set forth in subsection (1) of this section may request the conversion of the permit by filing an application for a permit pursuant to subsection (1) of this section or section 34-32.5-112; except that the applicant need not supply information, materials, and other data and undertakings previously supplied, including any additional materials provided to the hoard during the course of his current operation or resulting from the board's inspections thereo Exhibit B of the current 110c approved permit, paragraph 2 states: ..."Mined area is above any ground water, thereby being a dry -pit operation." Signed: Donald Bogart A report by the Colorado Division of Water Resources entitled: GROUNDWATER LEVELS in the LOST CREEK DESIGNATED GROUND WATER BASIN 2018 States on page 1, paragraph 5: South Area: South of Prospect Valley/Hwy 52 to 144th Avenue • Depth to water generally ranges from 40 to 113 feet. Water levels increased an average of 1.25 feet between 2017 and 2018. Longer -term comparisons indicate an increase of approximately 8 feet over 5 years, and an increase of 3.5 feet over 10 years. (g) List of Structures The list of man-made structures and the owners thereof, are listed under subsection (b) above, together with an easement of such property which defines acceptable distance separations for mining operations. (h) Soils Information ti ►3ap Sale 1.6,1HO I grind ar A fa (! r * a S') rat nrion "1J a33)fee 13132 MMvs Cn =Int el tap DM OW Zane:34 IMZSI Custom Soil Resource Report Soil Map I: I v:a. Map Unft legend ,00 cr`. !! ._.......... .. .. .. ,. 1: /Y... .. �.......,. 7. ...y..... �y .. v.. .t� Y .�.l ...`... A.li'i ..� ....,y...,�.. _.� �,.... .t... �.. !M Map UM Symbol a . �.... ......., ,w .. .�_., i Map UM Memo .. ._ Ants lin ACtl Prconl a vas 1 f N<u0ae�a6 Colby kart i to 1 pit- < .4- • ° aloe tMaN 16.1 i •• • ' • ! 'teeeu<a<ceu<aauu 10.0% 16 Colby loam, 3 to 5p:1,9:Satin slovet 8,1 , 3 8 17 Colby ice, 5 9 . teett5 *boot 2 W i T 11f 25 Havel/son t 0 to 3 percent r - , . des . H- wsor:loam, 1 to3 pectont - 4,3 /rte 27.7% slams 73 %roma loamy teat 3 to 5 cement Setts ..YU4 Y44ti.w{ �' U.t4VfY.Ma.q •�••• U •• •• •.'•••• •.•. •'�'�• \ 'NKNN. I,3; 0.6% a. •.y 16 2 10.1 1 3 7 'V n s ,3to5 e 79 Weid barn, 1 to 3 percent l ,,P 311I 19 9% A !M ‘&4O11•Gifeabfiti cootie& 0 to 3potent on,. ocusitnalty booed ". _ 41,-5 <'V 'N.<9f9M[9MK<MMN<�,Mft+WMOM'W001/4 25,9% .. .m .._ .. .vw. .. atl0000Y' .. .. .a ., 'ItR Totals for Ate -a a Inert ..•. MK ! W M 1 160,3 100,0% Exhibit D Mining Plan (a) (b) Mining Methods and Earthmoving In accordance with Colorado Revised Statutes § 34-32.5-110 (5)(a) Any operator conducting an operation under a permit issued under this section who has held the permit for two consecutive years or more and who subsequently desires to expand it to a size in excess of the limitation set forth in subsection (1) of this section may request the conversion of the permit by filing an application for a permit pursuant to subsection (1) of this section or section 34-32.5-112; Exhibit B of the current 110c approved permit, paragraph 1 states: "Mining Plan — Mining is being and will be accomplished by surface earthmoving machines, primarily with a rubber -tired front-end loader dumping into tractor -trailer dump trucks. Extraction of the dry alluvial material will be less than 30,000 tons per year." Signed: Donald Bogart As stated in the current 110c approved permit, earthmoving will be conducted with the use of surface earthmoving machines. (c ) Water Diversions and Impoundments In accordance with Colorado Revised Statutes § 34-32.5-110 (S)(a) Any operator conducting an operation under a permit issued under this section who has held the permit for two consecutive years or more and who subsequently desires to expand it to a size in excess of the limitation set forth in subsection (1) of this section may request the conversion of the permit by filing an application for a permit pursuant to subsection (1) of this section or section 34-32.5-112; Exhibit B of the current 110c approved permit, paragraph 2 states: ..."Mined area is above any ground water, thereby being a dry -pit operation." The entire mineable area of the property lies within the flood plain of West Sand Creek and Sand Creek combined. The material of the creek bed is classified as —Ellicott-Glenberg complex, 0 to 3 percent slopes by the US Department of Agriculture's Natural Resources Conservation Service. A reference to the soil survey has previously been presented in this document under Exhibit C, Subsection H — Soils Report. The permeability and structure of the material does not lend itself to the construction of diversion or impoundment structures and none exist or are planned. (d) The size of area to be worked at one time. The submission of this application is for a total of 43.25 Involved Acres. Of those acres, 27.59 acres contain mineable deposits of construction material. The existing approved 110c permit is currently for 9.8 acres. This is an increase in area of 17.79 acres of mineable alluvial deposits. Soil survey results for the property, as previously supplied in Exhibit C, Subsection H, indicate that the mineable material is classified as; Ellicott-Glenberg complex, 0 to 3 percent slopes. Material profile of such classification are as follows Typical profile A - 0 to 4 inches: sand AC - 4 to 13 inches: sand C1 - 13 to 30 inches: sand C2 - 30 to 44 inches: sand C3 - 44 to 80 inches: coarse sand. Profile indicates that fine sand is nearer the surface and material coarseness increases with depth. Our client base varies considerably in the type of material they are interested in. Two of which are only interested in fine sand meeting the gradation of masonry sand. This material is generally found only in the top layers of material. As we continue to mine the permit approved 9.8 acres in the original 110c permit, that material is becoming less abundant. A phased approach of mining and reclamation is outlined within this application, based upon depth of completed mining with an approximate timeline. As a result, any one of the mineable acres may be worked at any one time. (e) Mining Timetable As mining is already being conducted under the approved 110c permit, it shall proceed in the same direction under the 112c permit. The primary location of the approved 110c permit is located at the northernmost area of the property, encompassing 8.1 acres, while the remaining 1.7 acres under the permit is located at the southernmost end of the property. Physical mining of the material is proceeding in a southerly direction. Fine material most in demand, as described in Exhibit D, Subsection D, is in decline near the northern permit boundary. Coarser material is still prevalent in the area. As fine material is removed and below grade depth is increased, mining distance from permit boundary is increased. This enables easier backfill and grading for reclamation purposes. The following table is an estimation of the amount of acreage increase per year. Points of the table correspond with maps also included. Date 2023 2024 2025 2026 2027 Acre Point A Increase 3.9 12 acres Point B Point C Point D Point E 4.55 - 16.55 acres 2.95 19.5 acres 3.30 22.8 acres 4.79 27.59 43.25 affected acres. 12 acres - 8.1 currently permitted 3.9 yet to be mined Non- Mineable 1.27 acres Point B Point C Point 0 Point E 4.55 acres to be mined 2 95 acres to be mined 3.30 acres to be mined 4 79 acres to be mined Nor- Mineable 14 39 acres scale Screening equ►pment Stockpile areas (f) Soil Strata Subsection F, (i)(ii): Soil Strata. The stratums of the area in the mineable area of the subject property is described in the Soil Survey Report and Map, included in Exhibit C, Subsection H of this document. The Report and Map were prepared by the US Department of Agriculture's Natural Resources Conservation Service. The entire mineable area of the subject property is classified as Ellicott-Glenberg complex, 0 to 3 percent slopes, occasionally flooded. Particulars of this classification are as follows: Map Unit Setting National map unit symbol: 2x0j6 Elevation: 3,950 to 5,960 feet Mean annual precipitation: 13 to 17 inches Mean annual air temperature: 50 to 54 degrees F Frost -free period: 135 to 165 days Map Unit Composition Ellicott, occasionally flooded, and similar soils: 65 percent Glenberg, rarely flooded, and similar soils: 20 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the map unit. Description of Ellicott, Occasionally Flooded Setting Landform: Flood plains Down -slope shape: Linear Across -slope shape: Linear Parent material: Noncalcareous, stratified sandy alluvium 23 Custom Soil Resource Report Typical profile A - 0 to 4 inches: sand AC - 4 to 13 inches: sand C1 - 13 to 30 inches: sand C2 - 30 to 44 inches: sand C3 - 44 to 80 inches: coarse sand Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Somewhat excessively drained Runoff class: Negligible Capacity of the most limiting layer to transmit water (Ksat): High to very high (6.00 to 39.96 in/hr) Depth to water table: More than 80 inches Frequency of flooding: Occasional Frequency of ponding: None Maximum salinity: Nonsaline to very slightly saline (0.1 to 2.0 mmhos/cm) Available water supply, 0 to 60 inches: Very low (about 2.1 inches) Interpretive groups Land capability classification (irrigated): 4e Land capability classification (nonirrigated): 7s Hydrologic Soil Group: A Ecological site: R067BY031CO - Sandy Bottomland Hydric soil rating: No Description of Glenberg, Rarely Flooded Setting Landform: Flood -plain steps, ephemeral streams Down -slope shape: Linear Across -slope shape: Linear Parent material: Stratified, calcareous alluvium Typical profile A - 0 to 6 inches: sandy loam AC - 6 to 18 inches: sandy loam C1 - 18 to 45 inches: sandy loam C2 - 45 to 80 inches: loamy coarse sand Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Very low Capacity of the most limiting layer to transmit water (Ksat): High (2.00 to 6.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: Rare Frequency of ponding: None Calcium carbonate, maximum content: 5 percent Maximum salinity: Nonsaline to very slightly saline (0.1 to 2.0 mmhos/cm) Sodium adsorption ratio, maximum: 2.0 Available water supply, 0 to 60 inches: Low (about 5.6 inches) 24 Custom Soil Resource Report Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonirrigated): 4c Hydrologic Soil Group: A Ecological site: R067BY031CO - Sandy Bottomland Hydric soil rating: No Minor Components Las animas, occasionally flooded Percent of map unit: 10 percent Landform: Ephemeral streams, flood plains Down -slope shape: Linear Across -slope shape: Linear, concave Ecological site: R067BY038CO - Wet Meadow Hydric soil rating: No Ellicott sandy -skeletal, occasionally flooded Percent of map unit: 5 percent Landform: Flood plains, channels Down -slope shape: Linear Across -slope shape: Linear, concave Ecological site: R067BY031CO - Sandy Bottomland Hydric soil rating: No Custom Soil Resource Report 25 Mining under the current approved 110c permit has demonstrated that the stratum of the deepest classification of material in the report, (C3 - 44 to 80 inches: coarse sand) extends beyond the 80 inch measurement. During the drilling of a domestic water well on the property in December 2022, shale was encountered at a depth of 98 feet. The difference in elevation between the location of the domestic well and the area being mined is a difference of 30 feet. Adjusting for elevation in the mined area, shale should be encountered at a depth of approximately 68 feet. Current mining has concentrated on the fine alluvial sand located in the upper layers of the mineable area, to a depth of approximately 8 feet. Coarser material, in minute quantities, have also been mined to a depth of approximately 12 feet below grade. It is not anticipated that any mining will be done below grade in excess of 30 feet. No overburden was encountered in any of the mining conducted. In accordance with Colorado Revised Statutes § 34-32.5-110 (5)(a) Any operator conducting an operation under a permit issued under this section who has held the permit for two consecutive years or more and who subsequently desires to expand it to a size in excess of the limitation set forth in subsection (1) of this section may request the conversion of the permit by filing an application for a permit pursuant to subsection (1) of this section or section 34-32.5-112; Y„ " Exhibit B of the current 110c approved permit, paragraph 3 states: "Usable material is near the surface with little or no overburden, is relatively fine grained with 100% passing a'A" sieve and is less than eight feet thick. In the existing pit area, the meager topsoil, less than 3" thick, has been and will be, pushed aside into small mounds by dozer or front end loader for future replacement. The new pit area (north) has no topsoil or overburden." Signed: Donald Bogart Mined to an avgdepth of 4 feet. - Mineable 1.27 acres Non- Mineable 14.39 acres 4.55 acres to be rninec tc a^ avedeath of 12 feet in 2024 2.95 acres to be mined to an e. depth of 12 feet in 2025 3.30 acres to be mined to an avg. depth of 12 feet in 2026 4.79 acres to be mined to an avg. depth of 12 feet in 2027 (g) Primary and Secondary Commodities The primary commodity of the mined area is fine sand. Secondary commodity is also sand of a coarser nature. The US Department of Agriculture's Natural Resources Conservation Service classifies the material as Ellicott-Glenberg complex, 0 to 3 percent slopes. A copy of the Soil Survey report is included in this document in Exhibit C, Subsection H. The classification table is as follows: Typical profile A - 0 to 4 inches: sand AC - 4 to 13 inches: sand C1 - 13 to 30 inches: sand C2 - 30 to 44 inches: sand C3 - 44 to 80 inches: coarse sand (h) Incidental Products No incidental material has been or is expected to be encountered. Any de minimis concentrations of incidental material is likely to be incorporated into various construction material products. (1) Explosives Due to the nature of the material being mined, no explosives will be needed or necessary. (j) Roads Affected area boundary. Roads visible, within and outside boundary. Roads outside of boundary lines are common access roads for included and adjacent farmland. Recorded in a survey conducted by J -R Engineering, Englewood Colorado, dated 12/03/03. On file with the Weld County Clerk and Recorder — reference no. 3218380. H . Ruler Line Path Polygon Groe 3D path 3D polygar Measure the distance between muibple points on the ground Length: 1,010.95 Feet Show Ele%d.aton Profile J Mouse Navigation Sa Existing, minimally maintained access road. Construction: dirt/native soil. 10' W x 1,010.95' L, used for farm field access. Ruler Length: 3,684.41 Feet Show Elevaban Profile J Mouse Nav,gaton Existing Common Access Road. Minimally Improved beyond buildings. Construction: Dirt/native soils beyond buildings. Gravel in yards. 14'W x 3.684.41'L �" •- �.. �.:,.. , . .. .n +., _ - _ - _ Length: 344.89 Feet Show Elevaton Probe I Mouse Navigation Save Minimally Improved, Existing access road used for entry to farm field and gravel pit. Construction: Dirt/native soil/native sand and gravel. 14'W x 344.89'L • N Lane Path Polygon C rde 3O path 3O polygon Measure the distance between multiple points on the ground Length: 702.60 Feet Show Elevabon Profile It Morse Navigabon Save Cka7- Existing, Unimproved Mine access road. Construction: Native dirt/soil, sand and gravel. 14'W x 702.6'L. Line Path Polygon Circle 30 path 30 polygon Measure the distance between multiple points on the ground Length: 1,424.75 Feet Show Elevation Profile J Mouse Nav gabon Previous access road. Used when north access road was destroyed in flood. Road is no longer used except for incidental use by mining equipment and wholly incorporated into affected mining area, much of which will be mined in previously listed, phased mining plan. Line Path Polygon Or cue 3D path 3D polygon Measure the distance between multiple points on the ground Length: 466.59 Feet Show Elevation Profile If Mouse Navrgabon New mine/scale access road. Road is minimally improved. Construction: Dirt/native soil top -coated with native sand/gravel 3" deep. 14/1A/ x 466.591 L Exhibit E Reclamation Plan Reclamation Plan. In accordance with Colorado Revised Statutes § 34-32.5-110 (5)(a) Any operator conducting an operation under a permit issued under this section who has held the permit for two consecutive years or more and who subsequently desires to expand it to a size in excess of the limitation set forth in subsection (1) of this section may request the conversion of the permit by filing an application for a permit pursuant to subsection (1) of this section or section 34-32.5-112; Exhibit E of the current 110c approved permit states: Reclamation Plan — "All stockpiled material will be removed from the site or incorporated into the excavated area as part of the reclamation plan. As a large enough area is completed, the excavated area will be regraded to slopes flatter than three feet horizontal for each vertical foot. The finished area will be sloped to correspond to the natural drainage pattern of the surrounding area. The stockpiled topsoil will be placed uniformly on the graded surfaces at a thickness equal to the adjacent lands, in this case, less than 3" on the south pit and none on the north pit, using rubber tired scrapers and blade graders. The finished surfaces will be seeded with grass compatible to the area during the season, and at such rates as recommended by the Soil Conservation Service and as detailed in Exhibit D. No trees or shrubs are anticipated in the reclamation process. The reclamation plan will result in a return of the area to the equivalent use of the adjacent native low - productive pastureland." Exhibit D of the current 110c approved permit, paragraph 6 states: Mine Reclamation recommendations (include key/habitats for which restoration is designed). "Aside from doing some grading to improve the aesthetics, very little need be done as the next flood will deposit more sand. This situation makes revegetation extremely difficult. The present sparse vegetation is witness to this situation." Signed: Donald Bogart Reclamation of the site will be conducted in phases. As different strata are removed from the mine area, distance from the site boundary where deeper mining is occurring, will be increased to maintain a 3:1 final grade as mentioned above in the original 110c permit application. As mining reaches a depth of 30 feet below grade, reclamation of the previously mined area will commence. It is anticipated that acquisition of the specified depth will be reached by 2027 in the original permit area. If the target depth is reached prior to the estimated date of 2027, reclamation will begin at that time. Specifics to the plan are as follows: a.) As stated above in the original 110c application, very little to no topsoil exists within the permit boundaries. The only exception is the south end of the original permit. As mining occurs within that area, topsoil will be stockpiled for later use. The affected area, not included in the original 110c application, is and continues to be, farmland. Reclamation plan measures for these areas are included below. b.) Slope variances occur naturally along the creek bank of the permit boundary. These occurrences are due to the topography of adjacent lands and hundreds of years of flooding and related weather events. These areas occur only along the permit boundaries. In these areas, slope is greater than 3:1. There is little to no benefit in grading these areas to a 3:1 slope. However, most other areas of the excavation will not have slopes greater than 3:1. c.) The following steps will be taken to establish vegetation on all affected areas once mining is completed: ➢ As stated above in the original 110c application, the mineable area of the subject property does not lend itself to revegetation due to the lack of topsoil and moisture holding capacity of the underlying material. The exception, as specified above, is the south area of the original permit where an estimated layer of 3" of topsoil exists. Grading and seeding rate expressed within the original 110c permit are still pertinent to the mineable area of the subject property. The affected area not included in the original 110c permit are primarily classified as Haverson loam, 1 to 3 percent slopes. In the past, the affected areas (not to be mined), have been and continue to be used as dryland farm ground. The affected area was seeded for the USDA Conservation Reserve Program 20+ years ago. The primary vegetation, as described in Exhibit C, Subsection E of this document, are Blue Grama, Intermediate Wheatgrass and Little Bluestem. Today this land is no longer enrolled in the CRP program. The land is currently being maintained as rangeland. However, future agriculture economics may dictate the land being used for crop production. No mining has or will occur in these areas. > The mineable area, of the affected area will be seeded immediately after mining has been completed in accordance with NRCS recommendations included as Exhibit D of the original 110c permit. The topsoil of the non -mineable, affected areas is still intact. Reclamation for these areas would consist of the removal of any stockpiled material and equipment. The surface would then be loosened with the use of conventional farm implements such as disk, chisel or spring tooth. A suitable seedbed would be prepared and the prevalent grasses and plant varieties of the adjacent farmland would be seeded into the disturbed affected area. As no mining or soil disturbance has or will have occurred, grading is un- necessary. ➢ NRCS specified seed for the mineable area, as listed in Exhibit D of the original 110c permit, is readily available from Buffalo Seed Company in Greeley Colorado. Fertilizer also specified by the NRCS, is readily available from Agfinity. Seed for the non -mineable affected area is also available from Pawnee Butte Seed. If the surrounding property is still being maintained as rangeland, matching seed varieties will be planted in this area. If the surrounding area is being used as cropland, the non -minable area will be seeded to match those crops. > Fertilizer in the recommended rates will be broadcast on the area prior to planting. Broadcasting will occur with the use of a floater truck or drawbar drawn fertilizer spreader. Seed mixtures for the mineable area will be planted with the use of a single or double disk, grass drill equipped with press wheels. Seed mixtures for the non -minable areas will be planted with the use of applicable machinery that matches the planting of vegetation on surrounding farmland. ➢ Mulch is suggested but not required by the NRCS in the original 110c permit application. If mulch is deemed to be necessary, crimping will be accomplished through the use of grouser tracks on a dozer. ➢ No trees or shrubs are specified or planned for any of the affected reclamation areas. d.) No ponds, streams, or buildings will remain after completion of mining operations. Roads in existence prior to commencement of mining operation will remain intact for the use, benefit, and requirements of producers and operators of farmland on both the east and west side of the affected area. e.) No waste rock dumps, underground mine openings, ditches, sediment control facilities, buildings and other features will be used in this mining operation. MST I • fool 0443.. Q1..las, CO.. $0404 Mtaba 23, *141 *.r"w C. S.1aaa, Pa. I.1*ao t ia***r* Qs.aiq IOts1a'** 114 1?! ith Street O.MEq, CI. *0433 Maor tk. a1.1.'wa ►I.... lied *ad.! 1Ms 1.1'.'.L$.1 1*. 3 .o.4 r.i.N4ai tu. r'.1+*wtiw *0 ot*. M.r.s.t Pita lasatN tMd.&nrt 1414 P;*awtis 41w+M. W a4ws 1*C. C*o *lrsi*at tY**a a.w.C1w' to soak M* mos E's awl a .garata ***14444 cscaot./ratt.t .111 k. sppi N l s .1 of roils MC is. *pried Mw leas .atto**1 for loll et silos taaloiwt S*A, 1l.a•11.R11t4 N 14.13.040* Silt... .far o41N red. '.*'rally444.p, r•E1 MIw4t, *sod, al... so* 114* *pa*. Y/ sot** to 4e aosl.i s4* so *.Ilsa.t assist MLitt Duarte saoMr*a* Ca.afns S.43 43...... tilde Srtta1,p..s Oh.. IFMON. 31* j f.iM Mar 4 r!3 *bolas Nib .10s Hi 1.1S 1.•114 !4f 1,lt! Efsl�c !GS NeaW to f 4epel .t Ill IA )I4 lath teeit eerim a proof k e h dl eerlaaw and ashore., 44e440 4ls4 lento► r etteete. a strew a peel writ% Ant* ►e apt. tM M W Aso. be crisp. /Me tie foil N prewet bleety, skNy et* wept.* end 1 Into owl.. a eept el eat R stan4st44 eat epecellsetlo.t ter peer letotseelw. Prise to t11e we. eeNla., feted... eteesl4 ba apple. eta ewe et 119 th Pbseplare. and sit IIe Meta, pt egret 11110411. ewwd4 be deea 14 e#e tall et e a yew. eiaatllp oboe the 4tw*4 le eatttalfetli CAS .4. to rem. 4.4 1444.4 a... antra, se le tie retie. 141. to twin elgwce Pal wriferre. It 4 .reef .rill if 1st *veil.. W a bteedeoet webs. et soa4trr� es aet4, tIe sef4erK :+rce .erw11et4 I. bibled HA ties seed Mould thee lie band ee►e4 ieee tl%r weal to ltwes peed **f4 to Melt eeotyl. It peeetll., ell eeee. eleveli late topsoil q%PI.I at a ..Pte ft t .. ii 1etA** itrtwttt sew.,etlticei aoase tlwi4 to protected toot ere ilstatblII lode. se.Mra tat et 111.11 see toolpoet at eau...stale. W attaet 004 .4lt. It"paw Iete wtp reed%... Florio feel trot ea ...et rite attic*. %eels% $4,11 wee 11eetrytMett I..4. d..iilpe •tedee4e aid Spocetle.tfee, 40,40Mh/ atat, race elf ttb Exhibit F Reclamation Plan Map (a) C F;# CM, WKS 2S mitt 2-ift..' *tut CS^ns %tN a . Mitta " -, cow's** mg mew)* .n^ • ... V.. to V 40.x. -10 402734 caws, •#04 402703 o: ., ... POKY OF OODININO w.0'.301t"MF .t �M. PONT Ott 414 cc*.. ittr** 23 no. 3 t C &um, to storm 'mew, tscostospeck VQ t$r. 4, RA* K, $ 3.75 k _ W.SP-1 Ti tit StaX:Pit 40.03034, 4104 Min 40 034459, .10)4 331534 40_..013-10443132.2 * 0322-34, .10440110i 1079 32' GU 43' 40.035417 .104 314112 43 035162, -104 f3$St4 40 s36 3, .1 G4 391701 02' fl. .104 329743 .__. wr etea sas a wry " rwN M.,,sv. w.»w ma ors •, p4 #e. Win ;' i t ►t.: < we, WEIN k3 rhta a-1/ ' a OS Mt In Tr Ato alitaelti sr TRI TtATE GM RADON TWOMMUOtt N 7 5' Foment ent Statatean 60' County R.O.W. set 9 R_ s W. 'owner 7$' Tri,State Gen. tne,nent $5' +x.03354%, .1043 s74:4 Total Area Involved in Operation 43.25E acres. • COt . t 23 .3�y�.{ as ore no•• .> s • rYT ice' Xs* o* o" dr/rYr :ria V;Y f S^• r Q6Pi frVf/N/{ SW7:: Platform Bench to Match Existing Hillside Grade 4.79 Mineable acres 15.66 Non -Mineable affected acres Description of all impacted areas shown in the maps above, including proposed final land use is included within this document in Exhibit E — Reclamation Plan. Exhibit G Water Information In accordance with Colorado Revised Statutes § 34-32.5-110 (5)(a) Any operator conducting an operation under a permit issued under this section who has held the permit for two consecutive years or more and who subsequently desires to expand it to a size in excess of the limitation set forth in subsection (1) of this section may request the conversion of the permit by filing an application for a permit pursuant to subsection (1) of this section or section 34-32.5412; Exhibit B of the current 110c approved permit, paragraph 2 states: ...."Mined area is above any ground water, thereby being a dry pit operation." Signed: Donald Bogart The Division of Water Resources for the State of Colorado compiled a report entitled: GROUNDWATER LEVELS in the LOST CREEK DESIGNATED GROUND WATER BASIN 2018 The detailed report states on page 1: South Area: South of Prospect Valley/Hwy 52 to 144th Avenue • Depth to water generally ranges from 40 to 113 feet. Water levels increased an average of 1.25 feet between 2017 and 2018. Longer -term comparisons indicate an increase of approximately 8 feet over 5 years, and an increase of 3.5 feet over 10 years. As mentioned earlier in Exhibit D, subsection (f) of this document, planned mining depth of the operation is not anticipated to exceed 30 feet. This allows for a separation of 10 feet between anticipated mining depth and the shallowest discovery of water table by the Colorado department of Water Resources. In December 2022, a domestic well was drilled on an area outside the affected area of this property. Depth to the top of the water table was encountered at 62 feet. Considering the difference in elevation between the new well and the mineable area of the affected area, a separation of 12 feet between TD of the mining area and the water table can be established. The operation will not utilize any ground or surface water for the processing of material. Water for dust control will be negligible as well, as mined materials contain de-minimis concentrations of dust producing particles and is damp as it is mined and processed. No water diversions or impoundments will be used in the operation. This is described in Exhibit D, subsection (c) of this document. Exhibit H Wildlife Information In accordance with Colorado Revised Statutes § 34-32.5-110 (5)(a) Any operator conducting an operation under a permit issued under this section who has held the permit for two consecutive years or more and who subsequently desires to expand it to a size in excess of the limitation set forth in subsection (1) of this section may request the conversion of the permit by filing an application for a permit pursuant to subsection (1) of this section or section 34-32.5-112, Exhibit D of the current 110c approved permit, paragraph 2 states: "Wildlife Species list: Deer, antelope, coyote, fox, rabbits, doves, pheasant, numerous raptors, songbirds, and small mammals." Exhibit D of the current 110c approved permit, paragraph 3 states: "Endangered/critical species/impacted: No known or endangered species." Exhibit D of the current 110c approved permit, paragraph 5 states: "Assessment of impact: Impacts on wildlife are minor as this is a sandy alluvial type deposit in the floodway of Sand Creek." Signed: Donald Bogart As stated in the original permit above, no known or endangered species exist within the vicinity of the permit boundary. The existing vegetation on the site is suitable for the animal populations listed above and are frequently observed. The adjacent properties vary in vegetation from: Conservation Reserve Program grasses, to wheat fields, to pasture and row crop commodities. Very little hunting occurs within close proximity of the property. Hunting that does occur is done primarily by the landowners of those properties. The subject property in no way affects the migration of any animal species. Exhibit I Soils Information In accordance with Colorado Revised Statutes § 34-32.5-110 (5)(a) Any operator conducting an operation under a permit issued under this section who has held the permit for two consecutive years or more and who subsequently desires to expand it to a size in excess of the limitation set forth in subsection (1) of this section may request the conversion of the permit by filing an application for a permit pursuant to subsection (1) of this section or section 34-32.5-112; Exhibit B of the current 110c approved permit, paragraph 3 states: "Useable material is near the surface with little or no overburden, is relatively fine-grained with 100% passing a %" sieve, and is less than eight feet thick. In the existing pit area, the meager topsoil, less than 3" thick, has been, and will be, pushed aside into small mounds by dozer or front end loader for future replacement. The new pit area (north) has no topsoil or overburden." Signed Donald Bogart The soil and vegetation report for this property are included in the: Custom Soil Resource Report for Weld County, Colorado, Southern Part Included as part of this Exhibit. Ct,s:orn so'i Resource Rcpoet Sett Map a :s • A SI ".. ::yr :.e, ;•i: a p/rerd x .. 01`14;r :: • er_ aralm Pitt: x x are, •3uc •: 4 KL?.r.ltd7 _ 1it %'tzx _Jr c :7%'.%t._. Ie 2%34 t n 7r . _n' . _,e$ MAP LEGEND Area of Interest (A01) A•ea of Interest tAQi, Sots 40 Sad Map Unt Potycpxs S01 Map Unit Lees Sod Map unit Part Spaced Pant Features x 0 A. a 4 Q V T a Jam♦ y tirut Borrow li Ciay Spot Closed Depre'ncen Gravel Pit Cravery Soot lard L3'a3 t'fc►a tt3 rri o' :wad Mae a warty taaiscetLan0csi.s Water Perennial Water Rock Oticrop Saint Spot Sane. spa Severery Eroded Spot Sots:lie Stole or Sao Ste.: Spot a tb to _ ;,_u A.-ta Stony Spa Wry Stony Spa Wet Spa Other •• Saicial .r* feats es Wan Features Streams and Carats Transportation Rats Pest rte. -state Nghsa'ts US Routes Marx Roads Local Roars Sactsground Acts Pticaci►,eprly MAP INFORMATION The soli surveys that wristme wus AO +aerre mapped at 1.24.000. Warring Sod Map may not be vaW at they scale Enlargement of maps beyond the scale of mapping can cause mrsunderstUndsig of the detail of rnapping and accuracy of sod ine placement The maps do not show the small areas of oontrastng so -'s that could have been 'shown at a mote d ta'ed 5r_�r Ptease re?" on the bar scale on each map sheet tot map measur ements Source of Map Natural Resources Conservatxan Service Web Sod Survey IJRI Coordinate System Web Mercator (EPSG.3857) Maps from the Web Soy! Survey are based on the Web Mercator prordaon Much preserves direciton .r.d tape but distorts distance and area A proyrctcn that pine -an sea such as the Albers ecpal-area uoroc projectxrn shou4 be % led I more scante cdicVaborts of distance or area are required This product rs genet from the USDA•NRCS certified data as of the version dateds't listed below Sod Survey Area Weld County Colorado. Southern Pan Survey Area Data. Version 21 Sep 1. 2022 Sod map titbit are Labeled tai space allows) for m2 i scales 1 50.000 or larger Date(s) aerial iftiars heir photogra;:hed Jun 8 2021 —Jun 12. 2021 The of cttcCo or other base map on which the sal Ines were cx?n steel and dsgstizrd probably differs from the background imagery displayed on these maps As a result. some mtnot sh ting of map unit boundaries may be trident Map Unit Symbol Map Unit Name _ Acres In A01 Percent of AO! 14 Colby barn. O lo 1 percent stow 18.1 10 0% a 18 Colby loam, 3 lo 5 percent s►opes 8.1 3 8% 17 • Colby loam. 5to9percent slopes 2.8 1.7% 25 Haver son learn. 0 to 1 pe{c*nt 0.3 0 2% slopes - ' a 26 NavtrSon bare. 1 &opts b 3 percent - 44.3 27.7% 73 Vona loamy sand. 3to5 pereac t Sipes 1.0 i1.8% 77 Vona sandy loam 3 to 5 percent slopes 162 10.1 % 79 WSd ban% 1 b 3 percent slopes 31.9 I 19.8% 88 Eiroott-Cierrberg complex. 0 to 3 percent slopes. oiticationally flooded 1 41.5 25.9% .. Totals toe Area of Interest 160.3 100 0% The above reference table lists all soil types for the entire SPA, Sec. 23, Tnshp. 1N, Range 63W. Highlighted areas are for affected area, as are the following soil descriptions: 26—Haverson loam, 1 to 3 percent slopes Map Unit Setting National map unit symbol: 2t1g0 Elevation: 4,140 to 5,080 feet Mean annual precipitation: 13 to 17 inches Mean annual air temperature: 50 to 54 degrees F Frost -free period: 135 to 160 days Farmland classification: Prime farmland if irrigated Map Unit Composition Haverson, rarely flooded, and similar soils: 90 percent Minor components: 10 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Haverson, Rarely Flooded Setting Landform: Flood plains, terraces Landform position (three-dimensional): Tread Down -slope shape: Linear Across -slope shape: Linear Parent material: Stratified alluvium derived from mixed sources Typical profile Ap - 0 to 4 inches: loam A - 4 to 11 inches: loam C1 - 11 to 19 inches: loam C2 -19 to 80 inches: stratified sandy loam to loam Properties and qualities Slope: 1 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.20 to 6.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: Rare Frequency of ponding: None Calcium carbonate, maximum content: 5 percent Maximum salinity: Nonsaline to very slightly saline (0.1 to 2.0 mmhos/cm) Sodium adsorption ratio, maximum: 1.0 Available water supply, 0 to 60 inches: Moderate (about 7.6 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonirrigated): 4c Hydrologic Soil Group: B Ecological site: R067BY036CO - Overflow Hydric soil rating: No Minor Components Bijou Percent of map unit: 10 percent Landform: Stream terraces Landform position (three-dimensional): Tread Down -slope shape: Linear Across -slope shape: Linear Ecological site: R067BY024CO - Sandy Plains Hydric soil rating: No 73 —Vona loamy sand, 3 to 5 percent slopes Map Unit Setting National map unit symbol: 2x0j8 Elevation: 4,100 to 5,200 feet Mean annual precipitation: 12 to 17 inches Mean annual air temperature: 46 to 52 degrees F Frost -free period: 130 to 155 days Farmland classification: Not prime farmland Map Unit Composition Vona and similar soils: 85 percent Minor components: 15 percent Custom Soil Resource Report 18 Estimates are based on observations, descriptions, and transects of the mapunit. Description of Vona Setting Landform: Hillslopes, hills Landform position (two-dimensional): Backslope Landform position (three-dimensional): Side slope Down -slope shape: Convex, linear Across -slope shape: Convex, linear Parent material: Eolian sands Typical profile A - 0 to 7 inches: loamy sand Bt1 - 7 to 14 inches: sandy loam Bt2 -14 to 20 inches: sandy loam Bk - 20 to 45 inches: sandy loam C - 45 to 80 inches: loamy sand Properties and qualities Slope: 3 to 5 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Very low Capacity of the most limiting layer to transmit water (Ksat): High (2.00 to 6.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 10 percent Maximum salinity: Nonsaline (0.1 to 1.0 mmhos/cm) Available water supply, 0 to 60 inches: Moderate (about 6.4 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonirrigated): 4s Hydrologic Soil Group: A Ecological site: R067BY015CO - Deep Sand Hydric soil rating: No Minor Components Ascalon Percent of map unit: 5 percent Landform: I me rfl uves Landform position (three-dimensional): Interfluve Down -slope shape: Linear Across -slope shape: Linear Ecological site: R067BY024CO - Sandy Plains Hydric soil rating: No Manter Percent of map unit: 5 percent Landform: Interfluves, hills Landform position (two-dimensional): Backslope Landform position (three-dimensional): Interfluve, side slope Down -slope shape: Linear, convex Across -slope shape: Linear, convex Ecological site: R067BY024CO - Sandy Plains Hydric soil rating: No Olnest Percent of map unit: 3 percent Landform: Hills, interfluves Landform position (two-dimensional): Footslope, toeslope Landform position (three-dimensional): Base slope, interfluve Down -slope shape: Concave, linear Across -slope shape: Concave, linear Ecological site: R067BY024CO - Sandy Plains Hydric soil rating: No Valent Percent of map unit: 2 percent Landform: Dunes Landform position (two-dimensional): Summit, shoulder, backslope Landform position (three-dimensional): Nose slope, side slope, crest Down -slope shape: Convex, linear Across -slope shape: Convex, linear Ecological site: R067BY015CO - Deep Sand Hydric soil rating: No 77 —Vona sandy loam, 3 to 5 percent slope Map Unit Setting National map unit symbol: 363x Elevation: 4,600 to 5,200 feet Mean annual precipitation: 13 to 15 inches Mean annual air temperature: 48 to 55 degrees F Frost -free period: 130 to 160 days Farmland classification: Not prime farmland Map Unit Composition Vona and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Vona Setting Landform: Plains Down -slope shape: Linear Across -slope shape: Linear Parent material: Eolian deposits Typical profile H1 - 0 to 6 inches: sandy loam H2 - 6 to 28 inches: fine sandy loam H3 - 28 to 60 inches: sandy loam Properties and qualities Slope: 3 to 5 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Very low Capacity of the most limiting layer to transmit water (Ksat): High (1.98 to 6.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 15 percent Maximum salinity: Nonsaline to slightly saline (0.0 to 4.0 mmhos/cm) Available water supply, 0 to 60 inches: Moderate (about 6.8 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonirrigated): 4e Hydrologic Soil Group: A Ecological site: R067BY024CO - Sandy Plains Hydric soil rating: No Minor Components Remmit Percent of map unit: 7 percent Hydric soil rating: No Olney Percent of map unit: 5 percent Hydric soil rating: No Otero Percent of map unit: 3 percent Hydric soil rating: No 88—Ellicott-Glenberg complex, 0 to 3 percent slopes, occasionally flooded Map Unit Setting National map unit symbol: 2x0j6 Elevation: 3,950 to 5,960 feet Mean annual precipitation: 13 to 17 inches Mean annual air temperature: 50 to 54 degrees F Frost -free period: 135 to 165 days Map Unit Composition Ellicott, occasionally flooded, and similar soils: 65 percent Glenberg, rarely flooded, and similar soils: 20 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Ellicott, Occasionally Flooded Setting Landform: Flood plains Down -slope shape: Linear Across -slope shape: Linear Parent material: Noncalcareous, stratified sandy alluvium Typical profile A - 0 to 4 inches: sand AC - 4 to 13 inches: sand C1 - 13 to 30 inches: sand C2 - 30 to 44 inches: sand C3 - 44 to 80 inches: coarse sand Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Somewhat excessively drained Runoff class: Negligible Capacity of the most limiting layer to transmit water (Ksat): High to very high (6.00 to 39.96 in/hr) Depth to water table: More than 80 inches Frequency of flooding: Occasional Frequency of ponding: None Maximum salinity: Nonsaline to very slightly saline (0.1 to 2.0 mmhos/cm) Available water supply, 0 to 60 inches: Very low (about 2.1 inches) Interpretive groups Land capability classification (irrigated): 4e Land capability classification (nonirrigated): 7s Hydrologic Soil Group: A Ecological site: R067BY031CO - Sandy Bottomland Hydric soil rating: No Description of Glenberg, Rarely Flooded Setting Landform: Flood -plain steps, ephemeral streams Down -slope shape: Linear Across -slope shape: Linear Parent material: Stratified, calcareous alluvium Typical profile A - 0 to 6 inches: sandy loam AC - 6 to 18 inches: sandy loam C1 - 18 to 45 inches: sandy loam C2 - 45 to 80 inches: loamy coarse sand Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Very low Capacity of the most limiting layer to transmit water (Ksat): High (2.00 to 6.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: Rare Frequency of ponding: None Calcium carbonate, maximum content: 5 percent Maximum salinity: Nonsaline to very slightly saline (0.1 to 2.0 mmhos/cm) Sodium adsorption ratio, maximum: 2.0 Available water supply, 0 to 60 inches: Low (about 5.6 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonirrigated): 4c Hydrologic Soil Group: A Ecological site: R067BY031CO - Sandy Bottomland Hydric soil rating: No Minor Components Las animas, occasionally flooded Percent of map unit: 10 percent Landform: Ephemeral streams, flood plains Down -slope shape: Linear Across -slope shape: Linear, concave Ecological site: R067BY038CO - Wet Meadow Hydric soil rating: No Ellicott sandy -skeletal, occasionally flooded Percent of map unit: 5 percent Landform: Flood plains, channels Down -slope shape: Linear Across -slope shape: Linear, concave Ecological site: R067BY031CO - Sandy Bottomland Hydric soil rating: No Custom Soil Resource Report The area surrounding the Involved area, is top producing farmland, typified by deep loam soils. The mineable section of the affected area is deep, well drained, alluvial sand in the floodplain of Sand Creek. Top soil of the non -mineable areas inside the affected area, are still in tact and will be returned to productive crop or forage production upon completion of final reclamation. Exhibit J Vegetation Information (a)(b) A detailed description of plant populations and species have been included within this Document in Exhibit E, subsection C. v IM A Custom Soil Resource Report Soil Map vt. trot •rout •etu •us Mc Sat 1 GOA) • petted a b 'saws 11' . 5.1'; gat 0 50 it r. it u 0 CC tbp Ptintian Ye Mrs • :atlas ry anitlrvir. Intt.84 car 5a. WM in I WINN w ti t Fit Sr I vTa.Ili Forage Calculations for rangeland are included in Exhibit E of this document as an attachment. Calculations were performed by Ronald Miller, District Conservationist — NRCS Greeley Field Office, as part of the original 110c permit. Exhibit K Climate Information Climate Information: Prospect Valley is situated in Southeastern Weld County Colorado. The nearest recorded population center is the town of Keenesburg which sets at an elevation of 4,963 feet above mean sea level. Northeast Colorado is described as a semi -arid desert. Crops and rangeland for the area experience an average annual precipitation amount of approximately 15", including precipitation from rain, snow, sleet and hail. Climate is largely dictated by the Rocky Mountains and Jet Stream Flows. The majority of moisture is received in the spring, with May statistically being the wettest month. Climate Data for Subject Propert Source: NASA.GOV NASA/POWER CERES/MERRA2 Native Resolution Ci:mato ogy Climatologies 21 -year Meteorological and Solar Monthly & Annual Climatologies (January 2001 - December 2021) Location: Latitude 40.0331 Longitude -1044 Elevation from MERRA-2: Average for 0.5 x 0.625 degree iat/lon region = 1511.21 meters The value for miss ng source data that cannot be computed or is cuts:de of the sources ava at try range 499 Pararneteri s): PS MERRA-2 Surface Pressure (kPa) T2M MERRA-2 Temperature at 2 Meters (C) QV2M MERRA-2 Specific Humidity at 2 Meters 1g/kgj WS2M MERRA-2 Wind Speed at 2 Meters (m/s) GWETTOP MERRA-2 Surface Soil Wetness (1) PRECTOTCORR MERRA-2 Precipitation Corrected (mm/day) PARAMETER JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ANN PS 84.73 84.59 84.58 84.47 84.61 84.69 84.97 84.97 84.93 84.83 84.81 84.63 84.74 T2M 0.01 0.36 5.6 9.83 15.01 22.1 25.61 23.87 19.18 1028 472 -0.27 11.46 QV2M 2.47 2.46 3.12 3.9 5.66 7.34 9.33 8.73 6.42 4.33 3.12 2.45 4.96 WS2M 2.37 2.66 2.84 3.04 2.58 2.45 2.34 2.25 2.3 2.36 2.28 2.27 2.48 GWETTOP 0.38 0.38 0.39 0.39 0.4 0.35 0.33 0.33 0.33 0.34 0.36 0.37 0.36 PRECTOTCORR 0.42 0.58 1.01 1.58 2.12 1.55 1.7 1.43 1.11 0.89 0.54 0.5 1.12 i t POWER La er List - X 1. Choose a Parameter A Maximum Terrlperature at 2 Meters Wet Bulb Temperature at 2 Meters Dew/Frost Point at 2 Meters Earth Skin Temperature Month Opacity Gear Parameter • Annual 544b O Map Grid O Layer Svipe Left -Click on map for data set values by location. High : 40 lai Low : -40 Units: (degrees C) J-. ,r.._, _ kt POWER La er List - X 1. Choose a Parameter surrace pressure Spectic Humidity at 2 Meters Rebttve Humidity at 2 Meters Precipitation Month Opacity dear Parameter sAnnual 54°!o 0 Map Gnd 0 Layer Swipe Left -Click on map for data set values by location. High : 100 Low : 0 Units: : o • • POWER La er List - X 1. Choose a Parameter Relatrve Humidity at 2 Meters Precvttabon Cooling Degree Days Above 0 C Cookng Degree Days Above 10 C a v Month Opacity Clear Pa rameter Annual 54% 0 Map Grid ❑ Layer Swipe Left -Click on map for data set values by location. assitil High : 0.015 Low : 0 Units: (mm day -1) Exhibit L Reclamation Costs Reclamation Costs. This is a cost estimate if the state were to perform all reclamation procedures: Mobilization, demobilization Dozer grading work Fertilizer (40#N, 40#P, 0#K) Fertilizer Application Seed Planting $2,000 3,916 1,486 298 7,960 216 TOTA L *Costs calculated using the following data: $15,876/43.25 affected area. COLORADO STATE UNIVERSITY EXTENSION 4 AGRICULTURE & BUSINESS MANAGEMENT COLORADO STATE UNIVERSITY EXTENSION J Custom Rates for Colorado Farms & Ranches in 2021 Jenny Beiermann, Jeffrey E. Tranel, and R. Brent VoungA April 2022 EXTENSION E IC,823 (Revised June 2022) 2022 Nebraska Farm Custom Rates Glennis A. McClure, Extension Educator -- Farm & Ranch Management Analyst Jim A. Jansen, Agricultural Economist goo 4.94%,b HOME CASH BIDS FUTURES NEWSWIRE WEATHER CONTACT US Pawnee Buttes Seed Inc. "We Sell More Than a Sag of Seed." Herne How to Buy About Us FAQ Testimonials Resources Blog Contact Us Q Alfalfas & legumes Forage & Small Grains Native Pasture & Reclamation Grasses _ Wetland Species Organic Exhibit M Other Permits and Licenses Other Permits or Licenses: In accordance with Colorado Revised Statutes § 34-32.5-110 (5)(a) Any operator conducting an operation under a permit issued under this section who has held the permit for two consecutive years or more and who subsequently desires to expand it to a size in excess of the limitation set forth in subsection (1) of this section may request the conversion of the permit by filing an application for a permit pursuant to subsection (1) of this section or section 34-32.5-112; except that the applicant need not supply information, materials, and other data and undertakings previously supplied, including any additional materials provided to the board during the course of his current operation or resulting from the board's inspections thereof. 4°*.° /9449"9444444904v*.K.7,4*:***2444.534I44$54...v a a 400.P4010. - liter awaar�r e. w.a„aWO' sal warns" 0001S.'1, >?»%J// i TY•Y/AY Thl "1""t" Ain,St t .9 4 awtsd s Vii' .+t 4naligIncV #-* atY' .FK. sir( a<. Nsarait ssire s' alp vs* .i➢ka p1' gfAA.• z`bw $ >t' �qq� JA'11/fY'1�V 0:ar' f�eR lAi1.W. 9/rns etlillietlittatteellrAnZift W »YTYt°P>I1� �R >a. ♦ ne - Karlir .ay. �y ) 90' vtg> ♦ as wsa1K.'»:. 'en 114.:* it Alt ..w , MYViYY: 01%** . d4 004r <i lY M+d d aYAN/JY%/NNAN%A+•A, b SAW; Rt y N °� 3.�%'}dR»�S1i9�sR•��D .. �4�idl`9. oti"3s' ''�'ie� .K rozeitiHMM Y saot w�. abiaatranzfalr— �i /d{ 'hill ��ca>�i�i; toga *vo .** <1*e 16.A's IntagVAitrairt R 1 i ekes ">N. tatty Ara No other permits are required for this operation. 1i .4 f x �,4 ere# a A!t airs** ak %sons* es mow -4s, mime 404 Mita *` a ' : t� tux.; t Aa15A7► M.► OP* 44, )0,'s a #%c * 4OY<. ''. * waya:4�> .** ^> s::. 41001 * `.jS1t ' s ft y k* a•* W IKo a444,444.004 asi% ,w,1: C .m »-A: *4 1 40; : Li ! s a!/mrxel 4w v - r Yr Ida rJernotto M Y y'.dvna01t ~Mb .,,. aware ..,1c>t * *jai- sf octoDa *qaf too Ak4.fr4.0i *12 4. A *Mb* In Vn4SP IIPS .00'45 * 410 Ye!•'NI0a1N4MN 4 >14,911~ nefer:alat *Aar is* mykeroo 10 Mt Or Mr. 1 Exhibit N Source of Legal Right to Enter Source of Legal Right to Enter: We l • County PROPERTY PORTAL Property information (910) 400.3650 techn►cet Support (970) 400-4357 11.!!•- . (1 \ Owner: ARNUSCN NIKOLAUS LICa O a Account " Parcel. -- Address: • . • I.: Subdivision; Section: 2 ; Tawas p: ry Range: 7 f , VrpI Y�• 1at-.i a�'r'L��.�i! �.�ii.Y i r is a4• ffr-me 1JSaT Qrsp11jwq 1 - 1 (Year: i ! 4! 4 part tOr1 ► {K Ala fa' -r•-•1 cgt Pinch CO w. •. • szi tool l ibt X foter I S i •••• .. • . a e Ar I • sea a A• ••••• .• M •• •' ••w A —e- • •- • ap Alas •e I .. i • • _-r a. •.. 0••••••• 4.0 V •. abet TE 4.444P • neat ••••V • as ••••• a•• e .. •••• .= ♦a•. •e ••-eN • • �.• •• .•i• f ern a pub ppm •.•• ••+ ..a.' • sap a •ast • - •. r ••'••••M • S•' aa• •••••••••• w r• • r SS aura. • Sin • w•-• _ alr • • •• a S. • • • . - ••••• r ftw • en • .i .,e a... a: • r ••••• • • ► •. a .•. . S ••••••10 • a••••.. em. • ••••• .- • •• • a w a-•• a• • •J • ..• . a••••�aM a.• aa•• L.. •• • • rr..r •.• ar• al • $ i S. OM •••• ^. •r• •p c 0a4•44.... a• a• / • ••ea a C S 41 M • • Sa..'.• • .a•• • ••► a• s e • " _4 IS •al•• .F -. -_-- a • fa... • 0 • . • •.• a '.= sa�-f••ia.'^ a... MP e • a .. •i•.. r. . r ! `•• a try, . w 4 t .fl3C + •► - • • • A •.a• M.•+ � • -. - • a • •i•. . ati a r • • ar' i t rn7 •= :- • try tit et. • •••• ••-• 4fCQQ44.... Seats a*ta.O Cal*rr elan me NO s •a,. a•ire• •••• j ara• Ss 4i ! s.:141 a to J b • a b, oea e / .r.40{, may. •! ate! N S /W► a eIs)'w ~Wierr "seise .+11•p Caws • •.. s • • '• • . • . . • :• • • a ••• a M••+ it" .• ••• a.• a. - a. . .. • �. h.•' !•5.. • •• • • --' • •. . • . . lY -. •a . a. •� a.. • • .} -as • • — •'1 • ♦ • - a . • • I ci • .aa �a-at - • • • P - . • . • 4• a • . i a- • a.' ' ••••••• . • - 1 • ••• •• se AS ...n,... . . •• a flea tfir .•.. • •.A' • ..a. -.4•041a••• •V� --0a Ur Op M• VN- .s. • -• a r • • • .. a... . '• ♦a a. • ••.•• ape • aP • .e - • •l.• . -a .. a••- .N ♦ • • •. •♦ .5if. e t% :•eSala a vtilft.•7i..s= •• a • • • ea• ••s- •• a • • .. a1• a • N... s. a- b S •e ear . .b a aa•aM "e A•. - . • a •. a- • • ., Lai.lrJ••valsos _ s._ as _ A a n freer w••• •.• IS • an••••••• n•wwr. SAO dilaikt Or i A/MdhilN Exhibit 0 Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined Owner of Record (surface area) & owners of substance to be mined: Nikolaus Arnusch is the owner of record and substance to be mined. Exhibit P Municipalities Within Two Miles Municipalities Within Two Miles: There are no municipalities within a two mile radius of this property. The closest population center in the vicinity is Prospect Valley (Unincorporated Weld County). Roggen, Colorado —10.18 miles Keenesburg, Colorado -11.10 Exhibit Q Proof of Notices to County Commissioners and Conservation District Affidavit 1, .6t1Y'/J 3e1 , being a supervisor of the SE Weld Conservation District, certify that the District has been presented a Notice of Filing Application by Nikolaus Arnusch for a 112 reclamation permit from the Colorado Mined Land Reclamation Board. Signed: Date: 31/7/,3 Structure Agreement This letter has been provided to you as the owner of a structure on or within two hundred (200) feet of a proposed mine site. The State of Colorado, Division of Reclamation, Mining and Safety ("Division") requires that where a mining operation will adversely affect the stability of any significant, valuable and permanent man-made structure located within two hundred (200) feet of the affected land, the Applicant shall either: a) Provide a notarized agreement between the Applicant and the Person(s) having an interest in the structure, that the Applicant is to provide compensation for any damage to the structure; or b) Where such an agreement cannot be reached, the Applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or c) Where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility. ( Construction Materials Rule 6.3.12 and Rule 6.4.19 & Hard Rock/Metal Mining Rule 6.3.12 and Rule 6.4.20) The Colorado Mined Land Reclamation Board ("Board") has determined that this form, if properly executed, represents an agreement that complies with Construction Materials Rule 6.3.12(a), Rule 6.4.19(a), and C.R.S. § 34-32.5-115(4)(e) and with Hard Rock/Metal Mining Rule 6.3.12(a), Rule 6.4.20(a), and C.R.S. § 34-32-115(4)(d). This form is for the sole purpose of ensuring compliance with the Rules and Regulations and shall not make the Board or Division a necessary party to any private civil lawsuit to enforce the terms of the agreement or create any enforcement obligations in the Board or the Division. The following structures are located on or within 200 feet of the proposed affected area: 1. k 116 K ✓ J r llsm; ssior7 2. 3. 4. 5. (Please list additional structures on a separate page) CERTIFICATION The A plicant, /f///6, /,f 117/9d,fh (print applicant/company name), by ue/ ,rnitsch (print representative's name), as 717gr, p7, %'✓e (print representative's title), does hereby certify that i5hin A cj dtt9A4At n , (structure owner) shall DoE 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 62/"Nefe/ 6-i"4'W' / b 7! 'isy (operation name), File Number MI98/ - ` 7. 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 //l,64yf ill/fel% Representative Name Date avi Title "i'�%r Jt/!i.II7`//e..,__ STATE OF W IDyG b COUNTY OF tail ,vw,v- ) ss. fri-4/A/Z MELISSA RENAE ALBERT NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20204032418 My commission expires September 17, 2024 The foregoi g was acknowledged before me is / day of , 20 , by as � i • of �/-1 64/4 j Np . Mu Ai fril.k Vilaa My Commission Expires: 51,0firibm, (7 ZQ Zq Net. Public NOTARY FOR STRUCTURE OWNER ACKNOWLEGED BY: Structure Owner l to Awl gide J?�'yru'ri Name Date 3-/3 STATE OF N IOva,d,v ) ) ss. COUNTY OF y‘tyy9N ) Title `.7, LISSARIE RT NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20204032418 My commission expires September 17, 2024 The foregoing was acknowledged before me this/ day of hu'.zla&t M D'Polote as Pea t `�i��R- 1 3fr of 8424;ie, 4.44d My Commission Expires: Not ry Public A_ VAK ,2 ,by Exhibit R Proof of Filing with County Clerk or Recorder Exhibit S Permanent Man -Made Structures Permanent Man -Made Structures: The following man-made structures are located within 200 feet of the permit boundary. ➢ A Tri-State Generation and Transmission Power line runs parallel to county Rd. 71 to the east of the affected Permit Boundary. The following is a copy of an easement granted by the Applicant of this permit to Tri-State Generation: Paragraph 7 specifically allows for the operation of mining operations so long as the operation is conducted outside of the granted right-of-way area. NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF SUPERVISORS OF THE LOCAL CONSERVATION DISTRICT SE Weld Conservation DISTRICT Nikolaus Arnusch (the "Applicant/Operator") has applied fora Regular (112) reclamation permit from the Colorado Mined Land; Reclamation Board (the "Board") to conduct the extraction of construction materials operations in SE Weld County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Reclamation, Mining, and Safety (the and the local county clerk and recorder. The applicant/operator proposes to reclaim the affected land to pastureland use. Pursuant to Section 34-32.5-116(4)(m), C.R:S., the Board may confer with the local Conservation Districts 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 application, please contact the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567. NOTE TO APPLICANIYOPERATOR: You must attach a copy of the application form to this notice. If this is a notice of a change to a previously fired application you must either attach a copy of the changes, or attach a complete and accurate description of the change. Rule 6.5 Geotechnical Stability Exhibit (1) No geologic hazards exist within the affected area described in this document. (2) In accordance with Colorado Revised Statutes § 34-32.5-110 (5)(a) Any operator conducting an operation under a permit issued under this section who has held the permit for two consecutive years or more and who subsequently desires to expand it to a size in excess of the limitation set forth in subsection (1) of this section may request the conversion of the permit by filing an application for a permit pursuant to subsection (1) of this section or section 34-32.5-112, Exhibit E of the current 110c approved permit, paragraph 1 states: ..."As a large enough area is completed, the excavated area will be regraded to slopes flatter than three feet horizontal for each vertical foot. The finished area will be sloped to correspond to the natural drainage pattern of the surround area." Signed: Donald Bogart The Custom Soil Resource report for this property are included in Exhibit I (1), entitled, Custom Soil Resource Report for Weld County, Colorado, Southern Part demonstrates the slope of surrounding lands range from 1-5% slope. These angles do not lend themselves to the creation of geologic hazards. (3) No geologic structures or earthen facilities have or will be used in this operation. (4) As previously stated in Exhibit D(i) no explosives have or will be used in this operation. Hello