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Home My WebLink About20220520.tiffMariah Higgins From: William Schenderlein <bill@blueearthsolutions.net> Sent: Thursday, August 11, 2022 8:32 AM To: CTB Subject: Sand and Gravel Mining Materials for Public Review Attachments: Carr Pit East Second Adequacy Response - Weld County.pdf Follow Up Flag: Follow up Flag Status: Flagged Caution: This email originated from outside of Weld CountyGovernment. Do not click links or open attachments unless you recognize the sender and know the content is safe. The attached materials are associated with a sand and gravel mining operation being permitted through the Colorado Division of Reclamation, Mining and Safety in Weld County. Per State statute, we are required to post materials with the County Clerk and Recorder for public review. In Weld County, we have always posted material with the Clerk to the Board and emailed materials to this address. Could you please return the transmittal page stamped 'received' or some other proof of posting the materials with you. Thank you for your assistance. g�LL 5G1�2vtt fiL2i.v., P.E. Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, CO 80522 (970) 227-2803 PU61 ; c Rev i EVJ CC•PLCTP/MN% P-)(XK/CH/ER/Q() 20.2.2' oS2o q/�2/22 (blue earth. SOLUTIONS Letter of Transmittal DATE: August 11, 2022 TO: Weld County Clerk to the Board 1150 O Street Greeley, Colorado 80632 FROM: Bill Schenderlein Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 (970) 227-2803 WE TRANSMIT: THE FOLLOWING: FOR YOUR: Attached ❑ Originals ■ Use ❑ Information Below ■ Copy of Letter ❑ Approval ❑ Applications ❑ Information ❑ Specifications ❑ Review & Comment ❑ Other Remarks: Submission of this material satisfies requirements of the Mine Land Reclamation Board Regular 112 Operation Reclamation Permit Application. The enclosed application material must remain for public review at least sixty (60) days after a decision on said application has been made the Office of Mined Land Reclamation (Rule 1.6.2 (2)). Confidential materials were purposely excluded. • One (1) copy of DRMS Construction Materials Regular 112 Operation Reclamation Permit Application Response to Second Adequacy Review Comments — Carr Pit East — Connell Resources, Inc. Signed: ' Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, CO 80522 (970) 227-2803 blue earth SOLUTIONS August 10, 2022 Colorado Department of Natural Resources Division of Reclamation, Mining and Safety Attn: Mr. Peter Hays 1313 Sherman Street; Room 215 Denver Colorado, 80203 RE: Response to Second Adequacy Review Comments for Connell Resources, Inc. Carr Pit East, Permit No. M-2022-005 Dear Mr. Hays: The following discussion and attachments are submitted on behalf of our client, Connell Resources, Inc., in response to the Adequacy Review comments prepared by the Division of Reclamation, Mining and Safety (the Division) dated July 13, 2022 for the Carr Pit East 112 Construction Materials Reclamation Permit application. The information and discussion below addresses each comment as it was presented by the Division: 1.6.2 General Application Procedures 1. Acknowledged. 2. Acknowledged. 3.1.8 Wildlife 3. Acknowledged. Please contact us if you need additional information. 6.4.1 Exhibit A — Legal Description 4. Acknowledged. Please see attachments with revisions in bold italics. 6.4.2 Exhibit B — Index Map 5. Acknowledged. 6. Acknowledged. 6.4.3 Exhibit C — Pre -Mining and Mining Plan Map(s) of Affected Land 7. Acknowledged. 8. Acknowledged. Blue Earth Solutions, LLC P.O. Box 2427k FortCollins, CO 80522 (970) 227-2803 Mr. Peter Hays RE: Carr Pit East M-2022-005 August 10, 2022 6.4.4 Exhibit D — Mining Plan 9. Acknowledged. 10. Acknowledged. 11. Acknowledged. 12. Acknowledged. 13. Acknowledged. 14. Acknowledged. Please see attachments with revisions in bold italics. 15. Acknowledged. Please see attachments with revisions in bold italics. 16. Acknowledged. 6.4.5 Exhibit E — Reclamation Plan 17. Acknowledged. 18. Acknowledged. Please see attachments with revisions in bold italics. 19. Acknowledged. 20. Acknowledged. Please see attachments with revisions in bold italics. 21. Acknowledged. 22. Acknowledged. 23. Acknowledged. 24. Acknowledged. 6.4.5 Exhibit G — Water Information 25. Groundwater aquifers occur below the Carr Pit East site. However, the aquifers are generally deep below the ground surface and the Carr Pit East operation is not expected to directly affect these groundwater systems. Groundwater on the site will not be exposed during mining or reclamation and no groundwater quantity or quality impacts are anticipated. Unlike major river systems along the Colorado Front Range, Lone Tree Creek does not have a significant alluvial aquifer system within the Carr Pit East property. Surface waters from the creek are generally part of a localized, perched system and are not stored or recharged substantially from an alluvial hydrogeologic structure. blue earth Page2of4 SOLUTIONS Mr. Peter Hays RE: Carr Pit East M-2022-005 August 10, 2022 Geologically, the Terry Bison Ranch and Carr Pit East property are located in the Cheyenne Basin, the northern sub -basin of the Denver-Julesburg Basin. Within this sub -basin, the Carr Pit East property appears to sit along the edge of the Northern High Plains Aquifer where Quaternary deposits generally occur up to about 200 feet in depth. Where they are saturated and are in contact with underlying aquifer units of Tertiary age, the Quaternary deposits form part of the Northern High Plains aquifer. Ephemeral flows in Lone Tree Creek may contribute to the recharge of the Quaternary sediments that include alluvial deposits, loess, dune sand, and valley -fill deposits. Below and near the Carr Pit East property, near the edge of the Northern High Plains aquifer, the Quaternary deposits are likely thin and discontinuous. Within this same area, the underlying Upper Laramie aquifer of Tertiary age ranges from about 200 to 1200 feet below the ground surface. [The Exhibit G text has been revised with the above language from the adequacy response] 26. Acknowledged. 6.4.8 Exhibit H — Wildlife Information 27. Acknowledged. Please contact us if you need additional information. 28. Acknowledged. Please contact us if you need additional information. 29. Acknowledged. Please see attachments with revisions in bold italics. 6.4.9 Exhibit I — Soil Information 30. Acknowledged. Please see attachments with revisions in bold italics. 6.4.10 Exhibit J — Vegetation Information 31. Acknowledged. 6.4.12 Exhibit L — Reclamation Cost Estimate 32. Acknowledged. [The Exhibit L text has been revised with the language from the adequacy response] 6.4.19 Exhibit S — Permanent Man -Made Structures 33. Acknowledged. Additional Comments 34. Acknowledged. Please contact us if you need additional information. (blue earth Page 3 of4 SOLUTIONS Mr. Peter Hays RE: Carr Pit East M-2022-005 August 10, 2022 If you have any questions regarding this application and adequacy comment responses, please call me directly at (970) 227-2803. Sincerely, Blue Earth Solutions, LLC William Schenderlein, P.E. Project Manager Enclosures Oblue earth Page 4of4 SOLUTIONS Proof of Adequacy Review Response Delivery to Weld County Clerk to the Board blue earth SOLUTIONS Letter of Transmittal DATE: August 11, 2022 TO: Weld County Clerk to the Board 1150 O Street Greeley, Colorado 80632 FROM: Bill Schenderlein Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 (970) 227-2803 WE TRANSMIT: THE FOLLOWING: FOR YOUR: Attached ❑ Originals ■ Use Information Below ■ Copy of Letter ❑ Approval Applications ❑ Information ❑ Specifications Review & Comment ❑ Other Remarks: Submission of this material satisfies requirements of the Mine Land Reclamation Board Regular 112 Operation Reclamation Permit Application. The enclosed application material must remain for public review at least sixty (60) days after a decision on said application has been made the Office of Mined Land Reclamation (Rule 1.6.2 (2)). Confidential materials were purposely excluded. • One (1) copy of DRMS Construction Materials Regular 112 Operation Reclamation Permit Application Response to Second Adequacy Review Comments — Carr Pit East — Connell Resources, Inc. Signed: - ' Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, CO 80522 (970) 227-2803 Division of Reclamation, Mining and Safety Adequacy Comments Dated July 17, 2022 COLORADO • ^ �/ Division of Reclamation, ® Mining and Safety Department of Natural Resources July 13, 2022 John M. Warren Connell Resources, Inc. 7785 Highland Meadows Parkway, Suite 100 Fort Collins, CO 80528 Re: Carr Pit East, Permit No. M-2022-005; 112 Construction Materials Reclamation Permit Application Package Second Adequacy Review Mr. Warren, The Division of Reclamation, Mining and Safety (Division/DRMS/Office) reviewed the contents of the Connell Resources, Inc. 112c permit application adequacy response dated June 27, 2022 for the Carr Pit East, File No. M-2022-005 and submits the following comments. The Division is required to issue a recommendation no later than July 18, 2022, therefore a response to the following adequacy review concerns should be submitted to the Division as soon as possible. The review consisted of comparing the application contents with the specific requirements of Rules 1, 3, 6.1, 6.2, 6.4 and 6.5 of the Minerals Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials effective date July 15, 2019. Any inadequacies are identified under the respective exhibit heading along with suggested actions to correct them. 1.6.2 General Applicant Procedures 1. The Applicant's response is adequate. 1.6.5 Specific Provisions -112 Reclamation Permit Application 2. The Applicant's response is adequate. 3.1.8 Wildlife 3. The Applicant's response is under further review by the Division. 6.4.1 Exhibit A - Legal Description 4. The Applicant's response is adequate. The Division requests the Applicant revises the Exhibit A text with the language from the adequacy response. 6.4.2 Exhibit B. Index Map 5. The Applicant's response is adequate. 6. The Applicant's response is adequate. FCp Physical: 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 Mailing: DRMS Room 215, 1001 E 62nd Ave, Denver, CO 80216 https://drms.colorado.gov LV m 9O Jared S. Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director I * {)o \*1876s Carr East Pit Second Adequacy Letter Page 2 of 4 July 13, 2022 6.4.3 Exhibit C - Pre -mining and Mining Plan Map(s) of Affected land 7. The Applicant's response is adequate. 8. The Applicant's response is adequate. 6.4.4 Exhibit D - Mining Plan 9. The Applicant's response is adequate. 10. The Applicant's response is adequate. 11. The Applicant's response is adequate. 12. The Applicant's response is adequate. 13. The Applicant's response is adequate. 14. The Applicant's response is adequate. The Division requests the Applicant revises the Exhibit D text with the language from the adequacy response. 15. The Applicant's response is adequate. The Division requests the Applicant revises the Exhibit D text with the language from the adequacy response. 16. The Applicant's response is adequate. 6.4.5 Exhibit E. Reclamation Plan 17. The Applicant's response is adequate. 18. The Applicant's response is adequate. The Division requests the Applicant revises the Exhibit E text with the language from the adequacy response. 19. The Applicant's response is adequate. 20. The Applicant's response is adequate. The Division requests the Applicant revises the Exhibit E text with the language from the adequacy response. 21. The Applicant's response is adequate. 22. The Applicant's response is adequate. 23. The Applicant's response is adequate. 24. The Applicant's response is adequate. Carr East Pit Second Adequacy Letter Page 3 of 4 July 13, 2022 6.4.7 Exhibit G - Water Information 25. Known aquifers are not identified in accordance with Rule 6.4.7(2)(b). Please specify if there are any known aquifers such as the South Platte Aquifer the proposed permit area drains to within Exhibit G - Water Information in accordance with Rule 6.4.7(2)(b). The Applicant did not adequately address Item #25. Please identify all known aquifers. 26. The Applicant's response is adequate. 6.4.8 Exhibit H - Wildlife Information 27. The Applicant's response is under further review by the Division. 28. The Applicant's response is under further review by the Division. 29. The Applicant's response is adequate. The Division requests the Applicant revises the Exhibit H text with the language from the adequacy response. 6.4.9 Exhibit I - Soils Information 30. The Applicant's response is adequate. The Division requests the Applicant revises the Exhibit I text with the language from the adequacy response. 6.4.10 Exhibit J - Vegetation Information 31. The Applicant's response is adequate. 6.4.12 Exhibit L - Reclamation Cost Estimate 32. The Applicant's response is adequate. 6.4.19 ExhibitS- - Permanent Man-made Structures 33. The Applicant's response is adequate. Additional Comments 34. The Applicant's response is'adequate for the Colorado Division of Water Resources and History Colorado comment letters. The Applicant's response to the Colorado Parks and Wildlife comment letter is under further review by the Division. Please be advised the Carr Pit East application may be deemed inadequate, and the application may be denied on July 18, 2022, unless the above mentioned adequacy review items are addressed to the satisfaction of the Division. If more time is needed to complete the reply, the Division can grant an extension to the decision date. This will be done upon receipt of a written waiver of the Applicant's right to a decision by July 18, 2022 and request for additional time. This must be received no later than the decision date. Carr East Pit Second Adequacy Letter Page 4 of 4 July 13, 2022 If you have any questions, please contact me at peter.hays@state.co.us or (303) 866-3567 Ext. 8124. Sincerely, Peter S. Hays Environmental Protection Specialist Jared Ebert; Division of Reclamation, Mining & Safety Bill Schenderlein; Blue Earth Solutions, LLC Revised Application Exhibits - Exhibit A, Legal Description - Exhibit D, Mining Plan - Exhibit E, Reclamation Plan - Exhibit G, Water Information - Exhibit H, Wildlife Information - Exhibit I, Soil Information - Exhibit L, Reclamation Cost Estimate EXHIBIT A Legal Description The proposed permit area is a tract of land located approximately '/2 mile north of the community of Carr in Weld County, Colorado. The proposed permit area includes 166.1 acres. According to the Weld County Assessor's Office, the permit area parcel is owned by Terry Grazing Association. Quarter, quarter section description of the proposed permit area: The project site is located in the NW'/, NE'/, SW'/, and SE% of the SW% of Section 22, Township 11 North, Range 67 West of the Sixth Principal Meridian, Weld County, State of Colorado. Latitude/Longitude of main entrance: The Carr Pit East site entrance shall be directly onto the Connell Carr Pit (M-2014-001) site. 40.90462° N 104.88714° W To create the main Carr Pit East entrance from the Connell Carr Pit, the access road will pass under the Tri-State Generation and Transmission power lines and cross the 180 -foot wide easement. Connell Resources is in the process of securing an easement crossing license from Tri-State Generation and Transmission (see attachment in Addendum 1). Description of proposed permit boundary: A parcel of land being the southwest quarter of Section Twenty-two (22), Township Eleven North (T.11N.), Range Sixty-seven West (R.67W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado. The proposed permit boundary contains approximately 166.1 acres. Carr Pit East DRMS 112 Permit Application Page 1 EXHIBIT D Mining Plan The proposed Mined Land Reclamation Board (MLRB) Carr Pit East permit area is adjacent to the existing Connell Carr Pit (M-2014-001) operation, which supplies aggregate construction materials to much of northern Colorado. The proposed Carr Pit East permit area contains substantiated aggregate resources to continue the supply in this region of Colorado. As resources diminish in the Connell Carr Pit, new supplies from the proposed Carr Pit East will continue to provide construction materials to meet the northern Colorado demand. Introduction and Overview The proposed Carr Pit East permit area is currently owned by Terry Grazing Association (in association with JRT Limited Partnership) and consists of rangeland utilized by the owner's cattle and bison operations. The site contains short grass prairie upland areas and approximately 5,000 feet of Lone Tree Creek, an ephemeral drainage that flows from the west to east through the property. In general, the channel of Lone Tree Creek, an ephemeral drainage, lies approximately 10 to 15 feet below the surrounding upland elevation. In areas, the drainage system is wide and contains terraces that drop gently from the surrounding rangeland to the drainage bottom. In other areas the drainage is narrow with a near vertical slope extending from the upland area to the creek channel. The upland rangeland is relatively flat with shallow landform terraces and bluffs rising to the north of Lone Tree Creek. The terraces and mining area north of the creek are patterned by swales and erosion gullies that drain toward Lone Tree Creek. Permit Boundary Definition The proposed permit boundary is consistent with the property parcel boundaries on the north, west, and south sides. The west and south parcel boundaries are also defined by the section lines for Section 22 (T11N, R67W). The east side of the proposed permit boundary follows the west side of the Union Pacific Railroad Company Right -of -Way limit. The proposed permit boundary includes lands on both the north and south side of the Lone Tree Creek drainage. Since the proposed permit boundary will follow the section line and western site parcel line, the boundary will contact Section 21 (T1IN, R67W) and adjacent western land parcel. Therefore, the proposed permit boundary will contact the Connell Carr Pit (M-2014-001) existing permit boundary allowing for the necessary site access road. Affected Land Boundary Definition The proposed permit boundary will encompass approximately 166.1 acres with only about 143.6 acres currently planned for mining. However, the affected land boundary essentially follows the permit boundary to allow for reclamation activities and future potential mining operations. Areas not disturbed by mining may be disturbed by access roads, stockpiles, material Carr Pit East DRMS ! l2 Permit Application Page 4 processing, or backfilling and other reclamation related activities. The remaining area will consist of setbacks and road and utility right-of-ways. Land Uses The proposed permit area currently consists of rangeland utilized by the owner's cattle and bison operations. With the exception of the community of Carr, properties surrounding the proposed Carr Pit East site are primarily aggregate mining and rural agricultural non -irrigated rangeland. The community of Carr includes approximately 30 to 40 semi -rural residential home lots south of the site. Immediately to the west is a permitted aggregate mine (M-2014-001) and to the southeast is another permitted aggregate mining property (M-1988-048) and railroad load -out yard. With the exception of the Tri-State Generation and Transmission Association high -voltage transmission lines and easement, the interior of the property does not contain structures, easements, or right-of-ways not owned by the applicant or property owner. There are no established oil and gas wells, tank batteries, or other associated facilities located on the property. Several utility structures and associated easements and right-of-ways are located on the edges of the property or immediately adjacent to the proposed permit boundary including Nunn Telephone Company communication lines, Weld County road right-of-ways, Poudre Valley REA power lines, and the Union Pacific railroad (see Exhibit C-1, Existing Conditions Map). None of the easements, right-of-ways, or associated structures are expected to be negatively affected by mining or reclamation operations. Nature of Deposit to be Mined The proposed permit area is located where the northern edge of the Colorado Piedmont transitions up to the High Plains of southern Wyoming. The western most boundary of the Lone Tree Creek basin originates in the Laramie Range of the Rocky Mountains and drains southeast across the relatively flat High Plains and down through the gently rolling topography of the Colorado Piedmont. Aggregate materials within the proposed permit area are composed of Pliocene and Pleistocene terrace deposits along the Lone Tree Creek drainage system. The terrace deposits generally extend from the surface or near -surface to a variable depth of 8 to 12 feet below the ground surface. Deposition was most likely created by streams that had been rejuvenated as a result of uplift at the close of the Tertiary period and increased water supply during the Pleistocene epoch. The under -lying Tertiary sedimentary rocks that include consolidated sand and gravel conglomerates were eroded, and the process of cutting and filling of channels was so widespread that gravel and sand were deposited in sheet -like beds. The principal streams eroded into the bedrock, cutting and building terraces along the channels. More recent streams, such as Lone Tree Creek in the proposed permit area, have cut through the highly erodible over -lying unconsolidated material in most areas and do not generally have associated alluvial deposition. Traditional organic topsoil on most of the site is thin or non-existent. Most of the soils are shallow to deep loams that are well drained. Over most of the identified sand and gravel deposit Carr Pit East DRMS 112 Permit Application Page 5 is a loamy, wind -mixed veneer layer of soil overburden material varying in depth from less than one inch to over four feet. The soil overburden material likely developed from alluvial and eolian deposits of clay, silts, and sands. Over time, erosive forces of wind and water have influenced the soils on the site. Mobile soil particles, such as silt and clay, have eroded from higher topographic positions and have been re -deposited in lower areas. Therefore, swale areas may have finer textured soils than ridgetops. The aggregate deposits and loamy soil overburden material are underlain by a variable pattern of shale and sandstone parent materials. Mine Phasing Connell Resources anticipates mining and reclaiming the proposed Carr Pit East site in approximately 10 years. However, the rate of mining and overall life of the mine is dependent on several factors including product demand. Test pits have verified that commercial deposits of sand and gravel exist up to about 12 feet below the surface of the ground. In addition to the commercial sand and gravel materials, clay, silt, and other non -marketable materials excavated from the proposed permit area will be used on -site for reclamation. The mining plan currently includes mining in two phases; the first phase north of Lone Tree Creek and the second phase south of the creek (see Exhibit C-5, Pre-Mining/Mining Plan Map). Phase I (greater than or equal to about 102.7 acres) will generally be mined from the northwest to the southeast. When Phase I is complete, Phase II (greater than or equal to about 23.2 acres), the area south of Lone Tree Creek, will be mined from north to south. All necessary permits will be obtained and any special construction techniques will be used to reduce impacts to the ephemeral drainage. Mining will not occur within the Lone Tree Creek channel. The estimated duration of each mine phase is summarized in the following table. Ultimately, the duration of each mine phase is dependent upon market demand. Mine Phasing Summary Mine Phase Mine Area Total Acreage (acres) Duration (years) Phase I North 102.7 5-8 Phase II South 23.2 1-2 TOTAL 125.9 6-10 Even though the proposed permit area will be mined in only two phases, integration of mining and reclamation is still applicable. In general, as the pit reaches its maximum depth and edges are completed, they will be backfilled and reclaimed. In areas where the final pit depth has been achieved and operations are no longer present, backfilling and reclamation of pit walls will extend onto the floor. Rough contouring of the pit floor with the Lone Tree Creek drainage will take place during mining while fine contouring and establishing final drainage patterns will be one of the last steps in the reclamation process. The contour blending will avoid steep transitions and create a Carr Pit East DBMS 112 Permit Application Page 6 topography that produces a smooth, relatively low velocity flow from the mined area to the adjacent creek drainage system. Overland flow patterns will be incorporated into this transition so as to connect the pit floor with existing shallow drainage swales. Mining Methods Groundwater is not expected to be encountered during mining and the deposit will be dry mined. Mining will proceed by first stripping and stockpiling topsoils and overburden. The exposed gravel will then be removed in lifts and transported off -site for processing. Since the material is unconsolidated deposits, no blasting is required. The Lone Tree Creek drainage does not have an associated regulatory floodplain within the proposed permit area. Because of the incised nature of the creek, wetland communities appear to be restricted to the channel and immediately adjacent areas, with a very steep and rapid transition to uplands. Mining will, therefore, occur adjacent to the creek drainage. A variable excavation buffer will leave enough elevation and distance to not disturb the creek channel and associated wetlands and minimize flooding of the pit floor during periods when the creek flows. Unlike most rivers and streams along the Front Range of Colorado, very little or no alluvial sand and gravel deposits are associated with the Lone Tree Creek channel. However, in some areas, the terrace deposits occur right up to the high and steep embankment of the incised creek channel. In these upland areas, aggregate will be excavated from the embankment, lowering the adjacent land surface to match the depth of the pit floor without disturbing the creek channel (see Exhibit C-5, Pre-Mining/Mining Plan Map). Earth Moving Areas to be mined are prepared by removal of topsoil and overburden. Each preparation area may be as much as 100 feet wide. Usually, only enough area is stripped and prepared to provide the estimated needs for the next 10 to 14 months of mining. Where it is found, surface topsoil material will be stripped separate from the underlying, deeper subsoil or overburden material. This topsoil layer contains most of the soils organic matter and will be stockpiled separately for use in reclamation. Once the surface layer has been removed, the rest of the overburden will be stripped and stockpiled separate from the surface layer. The active mining face will extend no more than 1,000 feet in length. During mining and prior to reclamation, the mine walls will be a nearly vertical to %ZH:1 V slope (see Exhibit C-5, Pre- Mining/Mining Plan Map). Mining will progress down to the depth of quality aggregate material or 8 to 12 feet below the surface. As the mining face progresses, pit sidewalls behind the mining activities will be reclaimed. So reclamation activities do not interfere with mining operations, pit sidewalls may extend 500 feet behind the _active mining face without being reclaimed. The aggregate material will be recovered using equipment typical for sand and gravel mining operations. Earth moving equipment may include, but are not limited to dozers, loaders, scrapers, and excavators. The aggregate material from the pit will be temporarily stockpiled within the pit or transported directly off -site for processing. During mining and reclamation activities, watering trucks for dust control will be used as needed. Carr Pit East DRMS l!2 Permit Application Page 7 Setbacks from the mine pit top of slope to the proposed permit boundary will be 50 feet or greater. Setbacks from near vertical mining excavations to the permit boundary will be a minimum of three times the adjacent pit depth to mitigate stability risks. Setbacks will also be maintained for potential side slope reclamation if "cut and fill" sloping is required, as discussed further in Exhibit E, Reclamation Plan. The need for "cut and fill" reclamation will be determined during the operation once overburden quantities and general pit depths are verified. Topsoil and overburden material excavated from the pit will be stockpiled and used for backfilling mine pit slopes and other reclamation activities. The non -marketable material stockpiles will be created adjacent to the areas that will be backfilled, but not within the Lone Tree Creek drainage area susceptible to flooding. When sufficient material is available in the stockpile, the material will be backfilled into previously mined areas. The side slopes of the mine pit will be backfilled, graded to a minimum 3H:I V slope, and seeded as mining progresses. Approximately 15,000 feet of pit side slopes will be created during mining. Since reclamation is anticipated to be concurrent with mining operations, the actual length of side slope requiring backfilling and grading at any point in time is expected to be far less than 15,000 feet. Although the pit depth is estimated to be between 8 and 12 feet, the average pit depth, and side slope, is anticipated to be near 10 feet. Once backfilling and final grading has been completed in an area, the top of the slope and the side slopes will be seeded as soon as practicable (based on first available seeding season). Since reclamation will take place concurrently with mining, large and long-term topsoil and overburden stockpiling is not anticipated. Topsoil and overburden stockpiles will be configured to have side -slopes no steeper than 2H:1 V. If the stockpiles are inactive for more than one growing season they will be seeded with the fast growing grass seed mixture in the table below. However, since the stockpile materials will continually be used for reclamation, the stockpiles will likely be disturbed on a frequent basis and seeding the stockpiles may not be practical during the course of the operation. If stockpile seeding is not used, surface roughening will be maintained to limit wind and water erosion. Stockpile Grass Seed Mixture Grass Species Rate (lbs PLS/acre) Intermediate Wheatgrass 5.0 Blue Grama 1.0 Triticale 1.25 Rates are for broadcast seeding. The applicant's experience aggregate mining in the Carr Pit East area has shown that, to abate dust and stormwater suspended sediment runoff in the dry and windy northern Colorado environment, areas disturbed by excavation must be minimized. Since the deposit being mined is above the groundwater table, reclamation is not hindered by mine dewatering operations and can proceed quickly after excavation is complete. To minimize material handling, Carr Pit East DRMS 112 Permit Application Page 8 overburden stripped from a new excavation area is typically placed immediately on rough graded, previously mined areas. Once soil and overburden growth medium are placed and graded, the area is seeded as soon as is practical to stabilize the material from wind and stormwater erosion. In order to gain an understanding of the extent of the mining operation, it is helpful to know the acres disturbed by different aspects of the mining operation. Each aspect is listed in the following table with associated disturbed area. The table illustrates a point in time where the mining disturbance could be at its maximum. At the proposed Carr Pit East site, it is assumed that the mining disturbance will be at its greatest nearing the end Phase I mining. During this scenario, no reclamation will have been performed on the active mining face, approximately 500 feet of side slope on both sides of the mining face, and about half of the exposed pit bottom. Partial reclamation, including backfilling, will have been performed on pit side slopes outside of the active mining area. Finally, large areas of Phase I (approximately 74.4 acres outside of the active and partially reclaimed areas) will have been rough graded, covered with growth medium, final graded, and seeded for final reclamation. This area may require additional reclamation action if seed growth is disturbed by drought, bison and antelope grazing, etc. Reseeding typically involves 20 percent of the originally seeded area. Since backfilling side slopes and the active mining face to a minimum 3H:1 V slopes is more costly than "cut and fill" sloping, backfilling will be used to estimate reclamation costs (see Exhibit L). Mine Operation Aspects and Disturbance Areas Aspect Mining Operation Disturbed Area (acres) Active Mining Area: I. Near vertical active mining face (1,000 linear feet). 2. Pre -stripped area in anticipation of mining A (1,000 feet by 100 feet=2.3 2.3 acres). 13.8 3. Near vertical un-reclaimed pit side slopes (500 linear feet on each side of mining face). 4. Un-reclaimed it floor 11.5 acres . Partially Reclaimed Mining Area: B 1. Pit side slopes (2,000 linear feet) dozed/backfilledto 3H:1 V. 12.5 2. Partially reclaimed it floor. Previously Mined and Reclaimed Area: C 1. Previously seeded (74.4 acres) 14.9 2. Re-seedin 20% ofpreviously seeded area Miscellaneous Disturbed Areas: 1. Internal haul roads. D 2. Main access road to Connell Carr Pit (M-2014-001). 2 0 3. Other areas disturbed b minin activities. Final Reclamation: E 1. Seeding. NA 2. Re -seeding Total Disturbed Area 43.2 Carr Pit East DRMS 112 Permit Application Page 9 Diversions and Impoundments The existing grade of the proposed permit area generally drains to the existing Lone Tree Creek drainage. Stormwater that falls directly on disturbed areas will be generally drain to the mine pit and allowed to infiltrate. The active mine pit will effectively contain stormwater flows and prevent surface runoff from disturbed areas of the site. Stormwater not encountering disturbed areas will be allowed to drain to Lone Tree Creek. Material Processing and Associated Facilities Excavated materials will not be processed on -site. Pit run material will be hauled or conveyed to the adjacent Connell Car Pit (M-2014-001) for processing or hauling off -site as pit run for direct use or processing elsewhere. No structures will be established on -site. Employee parking, equipment maintenance, and equipment storage shall take place on the Connell Carr Pit site (M-2014-001). Commodities to be Mined and Intended Use Sand and gravel for use as construction materials will be the primary products produced from the proposed Carr Pit East site. Test pits have verified that commercial deposits of sand and gravel exist up to about 12 feet below the surface of the ground. In addition to the commercial sand and gravel materials, clay, silt, and other non -marketable topsoil and overburden materials will be used on -site to for reclamation. Use of Explosives Since the material is unconsolidated deposits, no explosives or blasting is required. Carr Pit East DRMS 112 Permit Application Page 10 EXHIBIT E Reclamation Plan This plan covers the proposed Carr Pit East and does not change the existing Connell Carr Pit (M-2014-001) reclamation plan. Final Proposed Land Use The current land use for the Carr Pit East property is rangeland. The use of this land is not expected to change. Most of the land surrounding the proposed permit area has similar uses of rangeland and open space. With so much open, undeveloped land in the surrounding area, maintaining this land as rangeland is consistent with the more regional land uses. General Overview of the Reclamation Plan Reclamation of the proposed permit area is fairly straightforward. Much of the pit, after mining, will contain a pit floor that gently slopes toward Lone Tree Creek. The pit floor will be blended into the Lone Tree Creek valley and drainage and will be connected to existing drainages. Reclaimed mine pit side slopes will be created from backfill with overburden and, if necessary, a combination of "cut and fill" so as to preserve overburden for use in establishing a plant growth medium elsewhere in the reclamation. All areas disturbed by mining activities will be prepared with topsoil and overburden and revegetated during reclamation. Revegetation will generate a blend of grass species and, given suitable precipitation, should produce good vegetation cover over much of the reclaimed site. In general, shallower reclaimed slopes will provide easier access during reclamation and safer access for ranching equipment following mining. Shallower slopes will also aid in establishing vegetation growth and minimize erosion. Although pit side slopes will be backfilled and graded to blend into the adjacent topography, no slopes will be reclaimed any steeper than 3H:1 V. Grading of pit side slopes and the pit bottom will attempt to adhere to the surrounding natural drainage patterns. Roads not necessary for future access and other disturbed areas will be reclaimed with topsoil and overburden replacement and vegetative cover to stabilize the areas and minimize erosion. Reclamation phasing will generally follow mine phasing and will incorporate concurrent reclamation processes. As described in Exhibit D — Mining Plan, once the mining highwall has exposed approximately 500 feet (perpendicular to the highwall) of new excavation, reclamation begins on previously disturbed areas of the excavation with scaring/rough grading and soil/growth medium placement as soon as material becomes available. Final grading and revegetation are typically timed to take advantage of the spring growing season. The table below provides an overall summary of reclamation phasing. Because of the Carr Pit East site conditions and climate, several years may be needed to finalize reclamation as illustrated in the reclamation summary. Carr Pit East DRMS 112 Permit Application Page 11 Reclamation Phasing Summary Mine Phase Mine Area Total Acreage (acres) Duration (years) Phase I North 102.7 8-11 Phase II South 23.2 4-5 TOTAL 125.9 12-16 Reclamation Measures/Materials Handling All available topsoil and overburden material will be used for reclamation. Similar to mining, earth moving equipment may include, but are not limited to dozers, loaders, scrapers, and excavators. Additional farm equipment for grading and seeding may be used for revegetation activities. Materials Handling - Bacljllling The pit floor will receive only enough backfill to create final grading for drainage and to establish a growth medium for revegetation. The pit slopes will require backfilling to achieve final reclaimed slopes of at least 3H:1 V (see Exhibit F, Reclamation Plan Map). Because of the pit size and possible limited overburden, it may not be possible to achieve complete side slope reclamation by backfilling with available overburden material. In addition to the side slopes, overburden material may also be required to cover the pit floor for drainage grading and to establish a vegetation growth medium. The result is, depending upon the amount of overburden material recovered and available for reclamation, side slope backfilling may need to be enhanced with an initial "cut and fill" of the near vertical side slopes (see Exhibit F, Reclamation Plan Map). The degree of "cut and fill" required, if any, will be determined during mining as overburden material quantities and pit depths are verified. Materials Handling - Grading The 3H:1 V pit side slopes will be graded to transition into the relatively flat pit floor. Grading of the pit floor may leave a subtle rolling topography rather than a completely flat bottom depending on varying depths of the sand and gravel deposit. The variations in topography will not create water catchment areas, but shall be graded to drain freely. The gentle slope of the topography will control water flow and create a variety of microenvironments for vegetation growth. The side slopes will also not be graded smooth, but will contain a low profile ridging pattern that follows the contour. Final grading that leaves this type of ridging pattern helps to capture water for plant growth as well as reduce the velocity of runoff and slope erosion. On these slopes, erosion may present a maintenance issue for the first year or two of revegetation if there are large drenching thunderstorms, but more normal low intensity thunderstorms should not create more than minor rilling. Carr Pit East DRMS 112 Permit Application Page 12 Blending of the pit into the Lone Tree Creek drainage will be important to prevent pooling of water in the pit bottom and to avoid creating a steep slope at the pit edge that encourages erosion. The final grading of this transition area will blend the topographic contouring from the pit floor with the undisturbed topography beyond the pit edge. Some of this transition area will involve lowering the high, steep embankment associated with the incised creek channel, while other areas will transition into lower terraces that separate the mine excavation from the ephemeral channel (see Exhibit F, Reclamation Plan Map). All backfilling and grading will be done to stabilize the material and control erosion. Final grading and seeding will be done as soon as possible after backfilling, grading, and topsoiling have been completed. There will not be known toxic or hazardous materials in the backfill material. The reclamation will not leave high walls on the property. In addition, there will be no auger holes, excavations, or shafts left on the property. Topsoil and Revegetation The growth medium for revegetation will be a combination of overburden and topsoils. Unfortunately, there is not a large quantity of quality topsoil available at the site. The topsoil is only marginally different from the overburden, with its main distinction being slightly higher in organic matter. Because of its thin and scarce occurrence, true topsoil stripping will likely incorporate some of the underlying silty clay overburden material. Every effort will be made to separate true topsoil stripping, but even with the incorporation of some overburden material, it is not anticipated that large quantities of the topsoil/overburden growth medium will be available for reclamation. Because of its limited availability, the topsoil/overburden growth medium may not be placed evenly over the entire site. The floor of the pit will likely need less growth medium because moisture accumulation there will help vegetation growth and new soil development. Therefore, only about six inches of the topsoil/overburden growth medium will be placed on the pit floor. The same dressing will be used for areas where stockpiles, access roads, or mining structures have been removed and the underlying material has been scarified in preparation for reclamation. A minimum of one foot of growth medium will be placed on backfilled or otherwise created pit slopes. The extra thickness of growth medium will help to retain moisture on the slopes and provide a deeper rooting zone to help protect against erosion. For slopes created by backfilling, growth medium will go on top of a considerable depth of overburden, but for slopes created from a "cut and fill" approach, the thickness of growth media will be an important top -dressing. When spreading growth medium on slopes, the same requirements for general grading will be followed. Final grading prior to seeding will only follow the contours of the slope, creating ridging patterns that follow the contour, and will never produce tracks up and down the slope. Planting of the site will be done as areas are finished with preparation after grading and spreading topsoil/overburden growth medium. Planting will occur seasonally to allow for timely germination with available moisture and to provide the highest possibility for growth success. If possible, planting will be performed between mid -November and the end of April. Carr Pit East DBMS 112 Permit Application Page 13 Drill seeding is the preferred method for revegetation. Grass seed should be planted with a drill equipped with depth bands and press wheels. On this site, broadcast seeding is not advisable as seed burial would be limited. If broadcast seeding is necessary on moist soils, steep slopes, or in excessively rocky areas, success can be encouraged by broadcasting onto growth medium that is very loose, such as occurs immediately after spreading the plant growth medium. If the seed is broadcast in those circumstances, then the seeded area will be dragged to help bury the seed. Al this time, no mulch or fertilizer is being proposed. On west and south facing slopes, mulch may be applied if desired, but only if the mulch is very strongly crimped into the soil. On this site, straw mulch, unless well anchored would most likely just blow away, providing little benefit. If mulch is used, certified weed -less straw mulch at a rate of 2,000 pounds per acre should be applied. Fertilizer may be applied to re -soiled areas in a manner that will encourage emergence and survival of the grasses without encouraging competition from weeds. Starter fertilizer could be applied before, or at the time of, seeding. If necessary, full fertilization will be applied after emergence. However, any fertilization done following seeding should be done using a method that does not cause large scale disturbance of the surface. Fertilizer mixtures will be based upon soil tests made on samples taken from re -soiled areas prior to seeding. Based on recommendations from the Natural Resources Conservation Service, the seed mixture for the proposed permit area is similar to, but expanded from, the current permitted Connell Carr Pit (M-2014-001) reclamation seed mix. The recommended seed mixture for lands in the region of the proposed permit area is listed below. Revegetation Seed Mix Species Rate lbs PLS/acre) Wheatgrass, Western 4.80 Grama, Sideoats 1.82 Grama, Blue 0.50 Green needlegrass 1.92 Buffalograss (bur) 1.65 TOTAL 10.69 Rates are for drill seeding. If broadcast seeding is used, double seeding rates. If a significant invasion of noxious weeds occurs after seeding, the weeds will be mowed before they can go to seed. The areas will be mowed periodically for additional control as needed. Mechanical control will be used as a first priority. Chemical methods will only be used if no other alternative produces acceptable results. Carr Pit East DRMS 112 Permit Application Page 14 Periodic inspection for noxious weeds, at least once a year early in the season, will be done. The weed inspection will search for not only the expected species but also any new List A or B species introductions. It is likely that non -noxious and List C species will also be found. Non - noxious weeds and List C weed species, which are often native invaders, will be controlled during reclamation, primarily if they impact the development of the desired reclamation species. List C noxious species are problematic but are usually not as serious as List B species. List B species in Colorado and utilized for Weld County weed management include, but may not be limited to: Absinth wormwood, Black henbane, Bouncingbet, Bull thistle, Canada thistle, Chinese clematis, Common tansy, Common teasel, Corn chamomile, Cutleaf teasel, Dalmatian toadflax, Dame's rocket, Diffuse knapweed, Eurasian watermilfoil, Hoary cress, Houndstongue, Jointed goatgrass, Leafy spurge, Mayweed chamomile, Moth mullein, Musk thistle, Oxeye daisy, Perennial pepperweed, Plumeless thistle, Quackgrass, Russian knapweed, Russian -olive, Salt cedar, Scentless chamomile, Scotch thistle, Spotted knapweed, Spurred anoda, Sulfur cinquefoil, Venice mallow, Wild caraway, Yellow nutsedge, and Yellow toadflax. All List A species must be eradicated by law. These weeds include African rue, Bohemian knotweed, Camelthorn, Common crupina, Cypress spurge, Dyer's woad, Elongated mustard, Giant knotweed, Giant salvinia, Hydrilla, Japanese knotweed, meadow knapweed, Mediterranean sage, Medusahead, Myrtle spurge, Orange hawkweed, Purple loosestrife, Rush skeletonweed, Squarrose knapweed, Tansy ragwort, and Yellow starthistle. The current complete list of noxious weed species and local management plans is available from the Weld County Weed Division. Wildlife Current wildlife conditions and potential impacts are described in Exhibit H, Wildlife Information. Water — General Reauirement No groundwater is expected to be encountered in the mining and therefore groundwater in the area should not be affected. Although the pit floor will have a gentle, possibly rolling, topography as described above, discharge from the pit to the Lone Tree Creek drainage will still occur. Since the retention of water in the pit is not allowed under Colorado water law without prior approval, pit floor configurations will keep water draining without reaching high velocities that can cause rapid erosion. The discharge from the pit will be intentionally directed into existing drainageways associated with Lone Tree Creek. Thus, the edge of the pit will likely have not only a horizontal blending to produce smooth slope transitions, but it will be vertically variable to match rises and falls in the topography just beyond the pit edge. Initially, silt fence or other sedimentation best management techniques shall be installed in all significant drainages within about 50 feet of the edge of the affected land. Until the vegetation develops on the pit floor there will be a fair amount of sediment discharge from the regraded and Carr Pit East DRMS 112 Permit Application Page 15 seeded pit floor. These best management practices will aid in reducing the amount of sediment that leaves the affected land. No irrigation will be used in establishing the vegetation, so no water rights are required for those purposes. No water storage will occur in the pit. To minimize the effect on the prevailing hydrologic balance, the operator shall: a. Comply with all applicable Colorado water laws. b. Comply with all applicable Federal and State water quality laws and regulations. c. Comply with all Federal and State requirements for dredge and fill. d. Perform all work to minimize erosion and sediment transport. Current water resource conditions and potential surface water and groundwater impacts are described in Exhibit G, Water Information. Buildings and Structures There are no existing buildings or structures in the proposed permit area and no structures will be left following reclamation. Signs and Markers Permit notification signs will be placed and maintained at the entrance to the operation. The permit boundary will be identified where it is not already identified by fences or suitable markers. All signs and markers will be removed upon permit release. Carr Pit East DRMS 112 Permit Application Page 16 EXHIBIT G Water Information The proposed permit area is located in the southwest quarter of Section 22, Township 11 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado. The proposed permit area includes 166.1 acres. Introduction Lone Tree Creek, an ephemeral drainage system, bisects the southern portion of the proposed permit area from west to east. There are no other surface water resources near the site (see Exhibit C-4, Water Resource Map). The Lone Tree Creek drainage does not have an associated regulatory floodplain within the proposed permit area. Because of the incised nature of the creek, wetland communities appear to be restricted to the channel and immediately adjacent areas, with very steep and rapid transitions to uplands. Several shallow swales and head -cut erosion gullies drain to Lone Tree Creek within the proposed permit area, but no apparent defined channels or wetlands exist within these swales and gullies. Groundwater aquifers occur below the Carr Pit East site. However, the aquifers are generally deep below the ground surface and the Carr Pit East operation is not expected to directly affect these groundwater systems. Groundwater on the site will not be exposed during mining or reclamation and no groundwater quantity or quality impacts are anticipated. Unlike major river systems along the Colorado Front Range, Lone Tree Creek does not have a significant alluvial aquifer system within the Carr Pit East property. Surface waters from the creek are generally part of a localized, perched system and are not stored or recharged substantially from an alluvial hydrogeologic structure. Geologically, the Terry Bison Ranch and Carr Pit East property are located in the Cheyenne Basin, the northern sub -basin of the Denver-Julesburg Basin. Within this sub -basin, the Carr Pit East property appears to sit along the edge of the Northern High Plains Aquifer where Quaternary deposits generally occur up to about 200 feet in depth. Where they are saturated and are in contact with underlying aquifer units of Tertiary age, the Quaternary deposits form part of the Northern High Plains aquifer. Ephemeral flows in Lone Tree Creek may contribute to the recharge of the Quaternary sediments that include alluvial deposits, loess, dune sand, and valley -fill deposits. Below and near the Carr Pit East property, near the edge of the Northern High Plains aquifer, the Quaternary deposits are likely thin and discontinuous. Within this same area, the underlying Upper Laramie aquifer of Tertiary age ranges from about 200 to 1200 feet below the ground surface. Known Colorado Division of Water Resources registered and/or unregistered groundwater wells within 600 feet of the proposed affected area are illustrated on Exhibit C-4, Water Resource Map. However, the proposed mining operation does not anticipate encountering groundwater and no impacts to the surrounding groundwater hydrology are expected. Review of the Carr Pit East DRMS 112 Permit Application Page 18 construction logs from wells within 600 feet of the proposed permit area indicate static groundwater levels during well construction and pump installation to be between 20 feet and 50 feet below the ground surface. As stated previously, the aggregate deposit on the Carr Pit East site is expected to be relatively shallow, reaching a maximum depth of only about 12 feet below the ground surface. Additionally, non -mining related excavations on the property that extend to a depth below the aggregate deposit did not encounter groundwater. Groundwater on the Carr Pit East site will not be exposed during mining or reclamation. If groundwater is encountered, the area will be backfilled to a minimum two (2) feet above the normal groundwater elevation and a well permit and approved augmentation plan will be obtained from the Colorado Division of Water Resources before groundwater is exposed. Potential Mining and Reclamation Impacts The proposed mining operation will have no effect on site water resources. Water is primarily used for dust control and shall be trucked from off -site sources, including a permitted well on the existing Tucker Aggregate Pit (M-1980-002). See attached Office of the State Engineer well permit application and revised conditions of approval. Water use for washing of product materials is not anticipated. As discussed in previous sections, the operation is not expected to encounter groundwater during mining and stormwater will not be retained in the active mine pit or in the reclaimed pit area. Water Quality Mining and reclamation operations shall comply with Colorado Department of Public Health and Environment Colorado Discharge Permitting System (CDPS) for stormwater management. A permit will be obtained that includes the continued updating and implementation of a site Stormwater Management Plan designed to prevent the contact and transport of potential contaminants to surface waters by stormwater flows. Due to the absence of large quantities of potential pollutants on site, the mining and reclamation operations will not affect groundwater quality on or off the site. As stated above, mining and reclamation activities shall operate under a CDPS permit and Stormwater Management Plan. The plan provides for regular inspections of potential contaminant areas such as mobile equipment and fuel or lubricant storage locations. Inspections and best management practices are incorporated into the plan to protect both surface and groundwater quality. Carr Pit East DBMS i l2 Permit Application Page /9 EXHIBIT H Wildlife Information To evaluate potential wildlife habitat impacts from the proposed operation, information was gathered from the Natural Diversity Information Source (NDIS) as well as publications associated with the Pawnee National Grasslands to the east of the site. The NDIS combines plant and animal abundance data from the Colorado Division of Wildlife (CDOW) and other Colorado natural resource agencies to be used for land -use analyses and decisions. Additional sources of information include comments from Colorado Parks and Wildlife (CPW) staff, the Colorado State Wildlife Action Plan, CPW's Species and Associated High Priority Habitat publication, Colorado Natural Heritage Program (CNHP) Level 4 Potential Conservation Area Report — Lone Tree Creek, the Colorado State Conservation Board Lower South Platte Watershed Plan, and the Nature Conservancy's Southern Rocky Mountains: An Ecological Assessment and Conservation Blueprint. The proposed permit area is managed rangeland with mining activities on adjacent properties. The site primarily contains upland rangeland with isolated areas of water, riparian, and wetland habitats. Upland areas consist primarily of native and introduced grasses while isolated stands of cottonwood and other riparian and wetland vegetation are found along Lone Tree Creek. There are no known federally threatened, endangered, or candidate species within the proposed site boundary. Federally threatened, endangered, or candidate species that could potentially be found in Weld County or that could potentially be affected by projects in Weld County include the Preble's meadow jumping mouse, interior least tern, Mexican piping plover, whooping crane, pallid sturgeon, Colorado butterfly plant, Ute ladies' -tresses orchid, and the western prairie fringed orchid. None of these species have been observed or documented within the proposed site boundary. Colorado state threatened, endangered, and species of concern that could potentially be found in Weld County or that could potentially be affected by projects in Weld County include the black - tailed prairie dog, Northern river otter, swift fox, American peregrine falcon, bald eagle, ferruginous hawk, greater sandhill crane, long -billed curlew, mountain plover, Western burrowing owl, Western snowy plover, plains minnow, suckermouth minnow, brassy minnow, common shiner, Iowa darter, stonecat, common garter snake, and Northern leopard frog. For many of these species, potentially suitable habitat does not exist within the proposed project area. Potentially suitable habitat does exist within the proposed amendment area for mammal and bird species such as, the black -tailed prairie dog, swift fox, mountain plover, and Western burrowing owl. However, black -tailed prairie dogs and their burrows have not been observed on the proposed site; nor have related species such as swift fox and the Western burrowing owl. Mountain plover has also not been observed within the project area. No potential raptor nests were found in or near the project area. Carr Pit East DBMS 112 Permit Application Page 20 The Lone Tree Creek drainage within the proposed permit area could provide potential habitat for some Colorado state threatened, endangered, and species of concern including the common garter snake. According to CPW, several Species of Greatest Conservation Need (SGCN) could occur within the project area. The Lone Tree Creek drainage is presumed to be a likely important corridor for the Northern leopard frog. Additionally, the Brassy minnow is known to occur downstream of the project site and an introduced population of Northern redbelly dace occur upstream of the proposed project area. The CPW SGCN that occur within the Lone Tree Creek drainage will not be significantly disturbed by mining and reclamation activities. The CPW species listed are exclusively associate with aquatic or associated wetland/riparian habitats. These habitats within the proposed project area will be isolated from the mining and reclamation activities. In many places, the Lone Tree Creek channel is less than a couple feet wide or even nonexistent. Through the proposed project area the creek is ephemeral or intermittent at best, flowing primarily in response to substantial stormwater events or snow melt. The narrow channel and pools are generally located in the middle of the drainage bottom which varies from approximately 50 to 100 feet wide. The bottom of the drainage is commonly covered with a mix of wetland and facultative (equally likely to occur in wetlands and non -wetlands) grass species. From the drainage bottom, slopes typically rise abruptly at a 10 percent grade or steeper to the upland plain over 510 1 S feet above. The temporary mining and reclamation disturbances will take place offset from the Lone Tree Creek drainage the top of bank and will not impact the Lone Tree Creek channel or associated wetlands. Where the mining and reclamation disturbances are anticipated to occur, suitable habitat for the noted SGCN does not exist. Many birds may use habitats similar to those found at the proposed project area, either year- round, seasonally for nesting, or temporarily for roosting during migration. Some of the common or abundant species could include robins, orioles, starlings, swallows, magpies, wrens, longspurs, lark bunting, doves, kingbirds, and blackbirds. Because of the lack of open water habitat within and near the proposed permit area, shore birds and waterfowl are not likely to be present. It could be expected that most mammals common or abundant in Weld County would not be found near or within the proposed permit area. Lack of appropriate habitat including suitable forage (including agricultural crops), trees and shrubs for browsing and shelter, open water, and availability of prey species likely limit or eliminate species from the proposed project area that may occur in other areas of Weld County. Smaller mammals that might be found at the proposed project site might include mice, voles, gophers, rabbits, raccoons, and skunks in limited populations. Some of the larger mammals could include both mule and white-tailed deer, antelope, coyote, and fox. These species may use the proposed project area as part of their overall range, but would not likely be year-round or seasonal dependent on the site due to the lack of suitable forage, available shelter, and lack of prey species. CPW has stated that the proposed project area could provide a winter concentration area for deer and pronghorn antelope. Although pronghorn antelope are commonly seen in the project area, often grazing on reseeded reclamation areas of the Carr Pit (M-2014-001), a substantial population of deer are not known to occur in the area. Additionally, significant seasonal increases in population of either species has not been observed in undisturbed or otherwise reclaimed areas near the Carr Pit East DRMS 112 Permit Application Page 21 project site. The Carr Pit (M-2014-001) and proposed Carr Pit East site are also temporary disturbances within the Lone Tree Creek watershed and impacts following final reclamation are expected to be minimal. The mining and reclamation activities may disturb some of the wildlife within the proposed permit area and adjacent area. However, the activities will be confined to specific areas and total disturbance at one time will be limited. Impacts to wildlife following reclamation will be minimal. After removal of the gravels and the creation of a basin within the mine pit, wildlife habitat could be better on the bottom of the pit where vegetation growth may be more abundant. Grading of the mine pit into the Lone Tree Creek drainage may also improve the creek's connection with the surrounding flood area, potentially creating better vegetation growth conditions and an increase in wildlife utilization. However, water availability will still be limiting. The Lone Tree Creek drainage will likely still be the primary wildlife habitat in the area. Carr Pit East DRMS 112 Permit Application Page 22 EXHIBIT I Soil Information At the end of this exhibit are some printouts from the NRCS website that describe many of the typical characteristics of the soils present on the site. Please refer to Exhibit C-2, Soils Map, for an illustration showing the distribution of the soils. According to the Web Soil Survey (United States Department of Agriculture, NRCS, 2004) of the proposed permit area, there are three major soil types within the proposed project site: 1. Altvan and Ascalon fine sandy loamy and 2. Peetz gravely sandy loam. 3. Cascajo Gravely Sandy Loam The location of these soil types is illustrated on Exhibit C-2, Soils Map. Traditional organic topsoil on most of the site is thin or non-existent. Most of the soils are shallow to deep loams that are well drained. Over most of the identified sand and gravel deposit is a loamy, wind -mixed veneer layer of soil overburden material varying in depth from less than one inch to over four feet. The soil overburden material likely developed from alluvial and eolian deposits of clay, silts, and sands. Over time, erosive forces of wind and water have influenced the soils on the site. Mobile soil particles, such as silt and clay, have eroded from higher topographic positions and have been re -deposited in lower areas. Therefore, swale areas may have finer textured soils than ridgetops. Altvan and Ascalon Fine Sandy Loams The Altvans and Ascalons are found on level and nearly level (0 to 6 percent slopes) land forms. Located on loamy plains throughout the area, these soil types are well drained and classified as Hydrologic Soil Group B. They are also the most dominant soil types within the proposed project site. The water table is typically more than 80 inches below the soils. Areas containing these soils are used mainly for rangeland and wildlife habitat. Their water holding capacity is low to moderate and typically do best as seeded rangeland. These soils produce low plant densities of Blue Grama/Buffalo Grass sod with excessive ground litter. Peetz Gravely Loam The Peetz is found on 5 to 20 percent slopes and located on land form breaks and ridges. This soil type is somewhat excessively drained and classified as Hydrologic Soil Group A. The water table is typically more than 80 inches below the soil. Areas containing this soil type are used mainly for rangeland and wildlife habitat. Its water holding capacity is low and typically supports Blue Grama sod with bare ground, cryptogam, and annual plant communities. Carr Pit East DRMS 112 Permit Appliccrion Page 23 Cascajo Gravely Sandy Loam The Cascajo gravely sandy loam is found on 5 to 20 percent slopes and located on land form breaks and ridges. This soil type is somewhat excessively drained and classified as Hydrologic Soil Group A. The water table is typically more than 80 inches below the soil. Its water holding capacity is low and areas containing this soil type are not prime farmland. Carr Pit East DBMS 112 Permit Application Page 24 EXHIBIT L Reclamation Costs In order to calculate maximum potential reclamation liability to the State, we have selected a point in time where reclamation costs could be at a maximum. It is assumed that the time of maximum mining disturbance will be near the end of Phase I mining. During this scenario, no reclamation will have been performed on the active mining face, pit side slopes on both sides of the mining face, and about half the exposed pit bottom. Partial reclamation, including backfilling, will have been performed on pit side slopes outside of the active mining area. Finally, large areas of Phase I will have been rough graded, covered with growth medium, final graded, and seeded for final reclamation. This area may require additional reclamation action if seed growth is disturbed by drought, bison and antelope grazing, etc. Reseeding typically involves 20 percent of the originally seeded area. Since backfilling side slopes and the active mining face to a minimum 3H:1V slopes is more costly than "cut and fill" sloping, backfilling is used to estimate reclamation costs. Stockpiles with available topsoil/overburden for backfilling will be near the pit and areas for reclamation, so haul distances will generally be less than 1,000 feet. Each aspect is listed in the following table with associated disturbed area. Please refer to Exhibit D, Pre-Mining/Mining Plan, for a listing of disturbed areas that total 43.2 acres. This estimate will follow the same order as the listing in Exhibit D. Connell Resources Inc. is an earth moving and construction contractor and unit costs for reclamation activities were provided from bidding documents associated with similar projects. Since all structures used in the mining operation are portable, it is assumed that removal of the structures do not have associated costs. The active mining area will include the active mining face, un-reclaimed pit side slopes, an - reclaimed pit floor, and partially reclaimed pit side slopes and pit floor. The active mining face will be near vertical with a maximum length of 1,000 feet and an average height of 10 feet. In front of the active mining face, an area 100 feet wide will have been pre -stripped in anticipation of mining (2.3 acres). In addition, a maximum 500 feet of un-reclaimed pit side slopes may be adjacent to each end of the active mine face. These side slopes will also be near vertical with an average height of 10 feet. Framed by the active mining face and pit side slopes, the pit floor (11.5 acres) will be an - reclaimed, contain overburden, raw material, and product stockpiles. Following backfill, the areas are rough graded in preparation for topsoil/overburden growth medium placement, final grading, and seeding for revegetation. In addition to the active mining area, parts of the mine pit will be partially reclaimed. A maximum of 2,000 feet of pit side slopes dozed or backflled to 3H:1V, and an area of pit floor backfilled with a layer of topsoil/overburden growth medium, will require final reclamation. Since backfilling and grading may occur several seasons before final reclamation, the areas will be rough graded prior to additional reclamation activities. Final reclamation for these areas will include topsoil/overburden growth medium placement, final grading, and seeding for revegetation. Approximately 74.4 acres outside of the active and partially reclaimed areas in Phase I will have been rough graded, covered with growth medium, final graded, and seeded for final reclamation. This area may require additional reclamation action if seed growth is disturbed by drought, bison and antelope grazing, etc. Reseeding typically involves 20 percent of the originally seeded area. Carr Pit East DRMS 112 Permit Application Page 28 Miscellaneous disturbed areas at the point of maximum disturbance will include the main site access road, internal haul roads, and other areas disturbed by mining activities. These areas will be tilled in preparation for topsoil/overburden growth medium placement, final grading, and seeding for revegetation. It is estimated that the combined area of these disturbances will be approximately two (2) acres. Since quality topsoil is scarce on the Carr Pit East site, vegetation growth medium will include the best quality topsoil/overburden material available. If available, a minimum of 6 inches of growth medium will be placed on all disturbed areas following backfilling, scarifying, and/or rough grading. Final grading of the topsoil/overburden growth medium will prepare the surface for seeding. After initial seeding and the first season's growth, it is estimated that approximately 20 percent of the seeded area will need to be re -seeded. Carr Pit East DBMS 112 Permit Application Page 29 ;pect Reclamation Operation I Quantity Units Unit Cost ($) I Cost ($) Active Mining Area Dozer active mine face to 3H:1V slopes A Al [1,000' x 0.5(10' x 30')] 5,556 CY $0.50 $2,778 A2 Rough grade mine pre -stripped area 1,855 CY $0.50 $928 (2.3 acres x 0.5') A2 Dozer two un-reclaimed pit side slopes 5,556 CY $0.50 $2,778 to3H:1V [2x500 x0.510'x30' A3 Rough grade dozed slopes and active mining pit 9,277 CY $0.50 $4,639 floor to drain (11.5 acres x 0.5') A4 Place growth medium on all Aspect A areas 11,132 CY $1.05 $11,689 (13.8 acres x 0.5') A5 Final grade all Aspect A areas 11,132 CY $0.50 $5,566 (13.8 acres x 0.5' Partially Reclaimed Mining Area Rough grade 2,000linear feet of previously B $1 dozed/backfilled side slopes and pit floor graded 10,083 CY $0.50 $5,042 Bdttttitt)12.5tttttttt0.5') B2 Place growth medium on all Aspect B areas 10,083 CY $1.05 $10,587 (12.5 acres x 0.5') B3 Final grade all Aspect B areas 10,083 CY $0.50 $5,042 Final Reclamation Previously seeded areas in Phase I not included in Cl Aspects A, B, and C 74.4 Ac $675 na C [102.7(13.8+12.5+2)] acres C2 Re -seed 20% of all areas in Phase I not included in As ects A, B, and C 14.9 Ac $675 $10,044 Mtscettaneous Disturbed Areas Access road to Connell Carr Pit (M-2014-001), D DI internal haul roads, and other areas disturbed by na minin activities D2 Scarify all Aspect C areas 2 Ac $500.00 $1,000 D3 Place growth medium on all Aspect C areas 1,613 CY $1.05 $1,694 (2 acres x 0.5') D4 Final grade all Aspect C areas 1,613 CY $0.50 $807 2 acres tt0.5') Final Reclamation El Seed all areas in Aspects A, B, and C 13.8+12.5+2) acres 28.3 Ac $675 $19,103 E E2 Re -seed 20% of all areas in Aspects A, B, and C 5.7 Ac $675 $3,821 Total Reclamation Costs $85,514 Contractor Mobilization/Demobilization Costs (8%) 0.08 $6,841 Overhead (18.5%) 0.185 $15,820 Administration (5%) 0.05 $4,276 Total Proposed Financial Warranty $112,451 Disturbed Acreage 43.2 Financial WarrentyperAcre $2,603 Carr Pit East DRMS 1 /2 Permit Application Page 30 Esther Gesick From: William Schenderlein <bill@blueearthsolutions.net> Sent: Monday, August 22, 2022 11:45 AM To: CTB Subject: Sand and Gravel Mining Materials for Public Review Attachments: Carr Pit East Response to CPW Comments - Weld County.pdf ( aution: This email originated from outside of Weld County Government. Do not click links or open' attachments unless you recognize the sender and know the content is safe. The attached materials are associated with a sand and gravel mining operation being permitted through the Colorado Division of Reclamation, Mining and Safety in Weld County. Per State statute, we are required to post materials with the County Clerk and Recorder for public review. In Weld County, we have always posted material with the Clerk to the Board and emailed materials to this address. Could you please return the transmittal page stamped 'received' or some other proof of posting the materials with you. Thank you for your assistance. ty LL Schev.c vL6v,, P.E Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, CO 80522 (970) 227-2803 blue earth SOLUTIONS Letter of Transmittal RECEIVED DATE: August 22, 2022 AUG 222022 TO: Weld County Clerk to the Board WELD COUNTY 1150 O Street COMMISSIONERS Greeley, Colorado 80632 FROM: Bill Schenderlein Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 (970) 227-2803 WE TRANSMIT: THE FOLLOWING: FOR YOUR: • Attached ❑ Originals ■ Use ❑ Information Below ■ Copy of Letter ❑ Approval ❑ Applications ❑ Information ❑ Specifications ❑ Review & Comment ❑ Other Remarks: Submission of this material satisfies requirements of the Mine Land Reclamation Board Regular 112 Operation Reclamation Permit Application. The enclosed application material must remain for public review at least sixty (60) days after a decision on said application has been made the Office of Mined Land Reclamation (Rule 1.6.2 (2)). Confidential materials were purposely excluded. • One (1) copy of DRMS Construction Materials Regular 112 Operation Reclamation Permit Application Response to Colorado Parks and Wildlife Comments — Carr Pit East — Connell Resources, Inc. Signed: L' Blue Earth Solutions, LLC ♦ P.O. Box 2427k Fort Collins, CO 80522 ♦ (970) 227-2803 blue earth SOLUTIONS August 22, 2022 Colorado Department of Natural Resources Division of Reclamation, Mining and Safety Attn: Mr. Peter Hays 1313 Sherman Street; Room 215 Denver Colorado, 80203 RE: Response to Colorado Parks and Wildlife Comments for Connell Resources, Inc. Carr Pit East, Permit No. M-2022-005 Dear Mr. Hays: The following discussion and attachments are submitted on behalf of our client, Connell Resources, Inc., in response to the Colorado Parks and Wildlife comments (CPW) dated August 15, 2022 and forwarded in with your cover letter dated August 16, 2022 for the Carr Pit East 112 Construction Materials Reclamation Permit application. 1. Groundwater Groundwater will not be exposed during mining or reclamation activities at the Carr Pit East site. Additionally, the sand and gravel deposit being mined does not extend to a depth that contacts hardpan, bedrock, or an aquitard (impervious layer). Instead, test pits on the Carr Pit East site and excavations on the Carr Pit (M-2014-001) site indicate an unconsolidated silty clay material of varying depths underlies the sand and gravel deposit. 2. Surface Water Lone Tree Creek is the primary drainage through the Carr Pit East site and all stormwater and snowmelt shall be directed to Lone Tree Creek. To comply with the Colorado Discharge Permit System (CDPS), during mining operations stormwater from disturbed areas will be detained prior to discharge into Lone Tree Creek. Detaining stormwater is required to minimize suspended sediment in the surface water runoff. However, the stormwater (and snowmelt) shall not be retained (i.e. captured). Although stormwater runoff is allowed to be detained for water quality improvement, the Colorado State Engineer's Office prohibits capturing stormwater. Therefore, although stormwater runoff from the Carr Pit East site may be temporarily detained during mining operations, all runoff from the site will be allowed to return to Lone Tree Creek. Once the Carr Pit East site has been reclaimed, backfilling and grading shall permit stormwater to flow back to Lone Tree Creek unimpeded. Seeding with native vegetation shall stabilize areas previously disturbed by mining activities and minimize sediment transport. Reclamation and mining activities are not anticipated to significantly reduce flows to, or within, Lone Tree Creek. Blue Earth Solutions, LLC ♦ P.O. Box 2427 Fort Collins, CO 80522 • (970) 227-2803 Mr. Peter Hays RE: Carr Pit East M-2022-005 August 22, 2022 Summary From the CPW comments, the assumption appears to be that the Carr Pit East site mining operation is similar to mining activities adjacent to major river systems (i.e. South Platte River) along the Front Range of Colorado. Aggregate mining within these river systems generally includes mining a layer of alluvial sand and gravel from 20 to 60 feet deep. Alluvial groundwater in direct connection to the adjacent river is almost always 'encountered during these mining operations. Additionally, the alluvial sand and gravel being mined at these sites is typically underlain by an impervious bedrock layer such as the Pierre Shale. Relative to the geology, hydrogeology, and hydrology of mining operations along major river systems, the Can; Pit East site is notably different. The aggregates being mined are associated with narrow terrace deposits located above the creek. These deposits are not alluvial and are generally less than 15 feet thick. The aggregate deposits are also underlain by non -marketable, but unconsolidated silts and clays, not impervious bedrock. The sand and gravel is dry and does not contain groundwater in connection with Lone Tree Creek. Since the sand and gravel is dry, no groundwater is exposed during mining. These details are not just anticipated, they have been verified during nearly 10 years of mining at the Carr Pit (M-2014-001) site. If you have any questions regarding this application and adequacy comment responses, please call me directly at (970) 227-2803. Sincerely, Blue Earth Solutions, LLC William Schenderlein, P.E. Project Manager Enclosures tblue earth Page 2 oft SOLUTIONS Proof of Adequacy Review Response Delivery to Weld County Clerk to the Board blue ear-th SOLUTIONS Letter of Transmittal DATE: August 22, 2022 TO: Weld County Clerk to the Board 1150 O Street Greeley, Colorado 80632 FROM: Bill Schenderlein Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 (970) 227-2803 WE TRANSMIT: THE FOLLOWING: FOR YOUR: Attached Originals ■ Use Information Below ■ Copy of Letter ❑ Approval EJ Applications O Information EJSpecifications Review & Comment Other Remarks: Submission of this material satisfies requirements of the Mine Land Reclamation Board Regular 112 Operation Reclamation Permit Application. The enclosed application material must remain for public review at least sixty (60) days after a decision on said application has been made the Office of Mined Land Reclamation (Rule 1.6.2 (2)). Confidential materials were purposely excluded. • One (1) copy of DRMS Construction Materials Regular 112 Operation Reclamation Permit Application Response to Colorado Parks and Wildlife Comments — Carr Pit East — Connell Resources, Inc. Signed: r ' Blue Earth Solutions, LLC ♦ P.O. Box 2427 ♦ Fort Collins, CO 80522 ♦ (970) 227-2803 Colorado Parks and Wildlife Comments Dated August 15, 2022 COLORADO Division of Reclamation, ® Mining and Safety Department of Natural Resources August 16, 2022 John M. Warren Connell Resources, Inc. 7785 Highland Meadows Parkway, Suite 100 Fort Collins, CO 80528 Re: Connell Resources, Inc., Carr Pit East, Permit No. M-2022-005, CPW Follow-up Comments Mr. Warren, The Division of Reclamation, Mining and Safety (Division/DRMS) received follow-up comments from Colorado Parks and Wildlife (CPW) in response to the Applicant's adequacy response letter dated June 27, 2022. The comment email is attached for review. Please respond to the comments noted in the email and revise the application accordingly. If you have any questions, please contact me at peter.hays@state.co.us or (303) 866-3567 Ext. 8124. Sincerely, Peter S. Hays Environmental Protection Specialist Enclosure — CPW Follow-up Email Ec: Jared Ebert; Division of Reclamation, Mining & Safety Bill Schenderlein; Blue Earth Solutions, LLC Physical: 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 Mailing: DRMS Room 215, 1001 E 62nd Ave, Denver, CO 80216 https://drms.colorado.gov \9O Jared S. Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director !s?e 8/16/22, 8:05 AM State.co.us Executive Branch Ma/I- CPW Comments Re Carr East Pit Application STATE OF COLORADO Hays - DNR, Peter <peter.hays@state.co.us> CPW Comments Re Carr East Pit Application Marette - DNR, Brandon <brandon.marette@state.co.us> Mon, Aug 15, 2022 at 4:56 PM To: "Hays - DNR, Peter" <peter.hays@state.co.us> Cc: Boyd Wright - DNR <boyd.wright@state.co.us>, Troy Florian - DNR <troy.florian@state.co.us> Peter, Thanks for the update, and thanks for the opportunity to provide these comments for the Carr Pit. I just heard from Troy (cc'd), but our Aquatic Biologist (Boyd - also cc'd) is away from email for the next week. So consider these comments as our final comments, unless Boyd has anything else to add/clarify next week. In response to the applicant's response to the 500' aquatic buffer, CPW has two remaining concerns regarding any changes to the surface flows and groundwater levels. 1) Re: groundwater - Our concern is that if we (CPW/DRMS) reduce or waive CPW's original drainage buffer recommendation, and the developer mines at or below the hardpan bottom (impervious layer) within close proximity of Lone Tree Creek, then there would be significant potential to create "leaks in the seal" of this drainage. Do you also know if the applicant will avoid penetrating the groundwater in this area? 2) Re: surface water - CPW also wants to ensure that existing surface flows are maintained throughout construction, though realize that there will likely be a change to the surface flow regime out and away from the drainage (likely from the 3 -ft tall berms). As the applicant similarly mentioned in their responses, Lone Tree Creek already has a very limited flow system, including those stormwater and snowmelt flows from the uplands that can pool for weeks beyond the water event. While we understand stormwater management is needed (we agree), the closer the overburden berms are to the upland edge of the creek results in less stormwater to recharge these pools and small segments of water. Therefore, while I understand that the applicant would like to maximize their mining area as much as possible, even the smallest of changes in surface flows and subsurface water levels would likely result in negative impacts for aquatic and semi -aquatic species that currently are dependent on the microhabitat of these limited stretches of water and small pools. Regards, Brandon B. Marette, CWB® Northeast Region Energy Liaison and Land Use Coordinator C, LIVE OUTSIDE Direct (303) 291-7327 6060 Broadway, Denver, CO 80216 brandon.marette@state.co.us CPW's Energy Webpage CPWs Wildlife Movements Webpage © D rube THINK SAFETY FIRST! [Quoted text hidden] https://mail.google.com/mail/u/0/?i k=8e52a072bb&view=pt&search=all&permmsgid=msg-f%3A1741269765897056774&simpl=msg-f%3A1741269765... lit Chloe White From: William Schenderlein <bill@blueearthsolutions.net> Sent: Monday, June 27, 2022 10:58 AM To: CTB Subject: Sand and Gravel Mining materials Attachments: Carr Pit East Adequacy Response - Weld County.pdf Caution: This email originated from outside of Weld County Government. 00 001 click links or open attachments unless you recognize the sender and know the content is safe. I am sending this email at the direction of Karla Ford — The attached materials are associated with a sand and gravel mining operation being permitted in Weld County. Per State statute, we are required to post materials with the County Clerk and Recorder for public review. In Weld County, we have always posted material with the Clerk to the Board. I typically bring these materials in to your office, but have also previously emailed the materials to Bethany Ford. I just tried to email her materials for a new project and the email was returned due to 'no recipient found'. These are sand and gravel mining materials from the Colorado Division of Reclamation, Mining and Safety permit application process that need to be held for public review. Could you please return the transmittal page stamped 'received' or some other proof of posting the materials with you. Thank you for your assistance. B LL sceo-Le%ir, P.E. Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, CO 80522 (970) 227-2803 Pobc CC•.pL(TP),Pw(Srt/cM/ER/cK) 2022- 0S20 7/1 i /22 7/x 1 Cblue earth SOLUTIONS Letter of Transmittal DATE: June 27, 2022 TO: Weld County Clerk to the Board 1150 O Street Greeley, Colorado 80632 FROM: Bill Schenderlein Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 (970) 227-2803 WE TRANSMIT: Attached ❑ Information Below Remarks: THE FOLLOWING: ❑ Originals ■ Copy of Letter ❑ Applications ❑ Specifications ❑ Other FOR YOUR: ■ Use ❑ Approval ❑ Information ❑ Review & Comment Submission of this material satisfies requirements of the Mine Land Reclamation Board Regular 112 Operation Reclamation Permit Application. The enclosed application material must remain for public review at least sixty (60) days after a decision on said application has been made the Office of Mined Land Reclamation (Rule 1.6.2 (2)). Confidential materials were purposely excluded. • One (1) copy of DBMS Construction Materials Regular 112 Operation Reclamation Permit Application Response to Adequacy Review Comments — Carr Pit East — Connell Resources, Inc. Signed: k l J f . F Blue Earth Solutions, LLC n P.O. Box 2427 n Fort Collins, CO 80522 n (970) 227-2803 Cblue earth SOLUTIONS June 27, 2022 Colorado Department of Natural Resources Division of Reclamation, Mining and Safety Attn: Mr. Connor Drinkard 1313 Sherman Street; Room 215 Denver Colorado, 80203 RE: Response to Adequacy Review Comments for Connell Resources, Inc. Carr Pit East, Permit No. M-2022-005 Dear Mr. Drinkard: The following discussion and attachments are submitted on behalf of our client, Connell Resources, Inc., in response to the Adequacy Review comments prepared by the Division of Reclamation, Mining and Safety (the Division) dated April 8, 2022 for the Carr Pit East 112 Construction Materials Reclamation Permit application. The information and discussion below addresses each comment as it was presented by the Division: 1.6.2 General Application Procedures 1. Proof of notice to all owners of record of surface and mineral rights of affected land and surface owners and easement holders within 200 feet of the affected land is attached. Notices were sent to owners and easement holders after the February 21, 2022 publication. Copies of notices and the certified letter return receipts are attached. 2. Proof of publication in a newspaper of general circulation is attached. Publications were made on February 21, and 28, 2022 and March 7 and 14, 2022 in the Coloradoan newspaper. 3.1.8 Wildlife 3. The Colorado Parks and Wildlife (CPW) request to implement a buffer and not affect lands within 500 feet of Lone Tree Creek ordinary high-water mark (OHWM) has been reviewed and considered. According to CPW, several Colorado Species of Greatest Conservation Need (SGCN) could occur, within or near the project area. The Lone Tree Creek drainage is presumed to be a likely important corridor for the Northern leopard frog. Additionally, the Brassy minnow is known to occur downstream of the project site and an introduced population of Northern redbelly dace occur upstream of the proposed project area. During our review, sources of information included comments from CPW staff, the Colorado State Wildlife Action Plan (SWAP), CPW's Species and Associated High Priority Habitat (HPH) publication and table, Colorado Natural Heritage Program (CNHP) Level 4 Potential Conservation Area Report — Lone Tree Creek, the Colorado State Conservation Board Lower South Platte Watershed Plan, and the Nature Conservancy's Southern Rocky Mountains: An Blue Earth Solutions, LLC • P.O. Box 2427 • Fort Collins, CO 80522 • (970) 227-2803 Mr. Connor Drinkard RE: Carr Pit EastM--2022-005 June 27, 2022 Ecological Assessment and Conservation Blueprint. Additionally, we consulted with an ecological consultant familiar with the project site. AloTerra Restoration Services, LLC has provided preliminary wetland assessments on both the Carr Pit East site and the adjacent Carr Pit (M-2014-001) site. Additionally, AloTerra performed a jurisdictional wetland delineation and wildlife survey for the Carr Pit temporary crossing of Lone Tree Cree approximately one mile upstream from the Carr Pit East site. We acknowledge that Lone Tree Creek in the project area is a significant ecological resource, but we question the CPW standard buffer distance of 500 feet from the OHWM being applied to the creek. As a general or standard recommendation, the reference of OHWM and a 500 -foot buffer seems applicable for perennial eastern plains rivers and streams such as the South Platte River where the river channels are 100 feet wide or more with associated floodplains that may extend a quarter mile away from the riverbank. The Lone Tree Creek channel, however, is generally less than a couple feet wide or even nonexistent. Through the proposed project area, the creek is ephemeral or intermittent at best, flowing primarily in response to substantial stormwater events or snow melt. The narrow channel and pools are generally located in the middle of the drainage bottom which varies from approximately 50 to 100 feet wide. The bottom of the drainage is commonly covered with a mix of wetland and facultative (equally likely to occur in wetlands and non -wetlands) grass species. From the drainage bottom, slopes typically rise abruptly at a 10 percent grade or steeper to the upland plain over 5 to 15 feet above. The adjacent upland plain is characterized by dry, and conditions dominated by short -grass or mixed -grass prairie. Mining is proposed within the upland areas of the project site. These upland areas do not contain suitable habitat for the SGCN referenced by CPW. Lone Tree Creek, the associated wetland area, and the drainage embankment do not contain significant aggregate deposits and are not included in the mining limits. Careful disturbance of the drainage embankment only occurs during reclamation activities to create a smooth and functional transition from the mine excavation to the creek drainage without creating areas where stormwater could pond (see attached photographs). We do not believe that the mining and reclamation activities, as proposed, create a significant threat to the SGCN listed by CPW or other wildlife within the project area. According to the SWAP, the greatest threats to the Northern leopard frog include loss of wetland habitat due to residential and commercial development and the introduction of invasive species such as bullfrogs and sport fish. Similarly, the greatest threats to the Brassy minnow and Northern redbelly dace include incompatible agricultural practices such as intensive livestock grazing, loss of habitat from residential and commercial development, changes to flow regimes from dams, diversions, and dewatenng, and the introduction of invasive species. These threats will not be associated with the proposed mining and reclamation activities. During active mining, an overburden berm approximately 3 feet high will separate the Lone Tree Creek drainage area from mine excavations, haul roads, stockpiles, and other mining disturbances. The berm acts as stormwater management and as a safety barrier. Fortunately, mining at the Carr Pit East site produces rock in varying sizes so rock mats, rock dams, rock (btue earth an SOLUTIONS Pegs 2of12 Mr. Connor Drinkard RE: Carr EE EastM--2022-005 June 27, 2022 armoring, etc. can be readily used to slow stormwater runoff, stabilize disturbed areas, and minimize sediment transport. At natural topographic low spots upgradient and adjacent to the berm, sediment ponds will be constructed to catch stormwater and reduce suspended sediment prior to discharge into the Lone Tree Creek drainage area. 6.4.1 Exhibit A — Legal Description 4. The project site is located in NW'/4, ABA, SW'/4, and SE'/4 of the SW%4 in Section 22, Township 11 North, Range 67 West of the Sixth Principal Meridian, Weld County, State of Colorado. 6.4.2 Exhibit B — Index Map 5. Please see attached revised Exhibit B — Vicinity Map. 6. Please see attached revised Exhibit B — Vicinity Map. 6.4.3 Exhibit C — Pre -Minim and Minim Plan Map(s) of Affected Land 7. Please see attached revised Exhibit C-5 — Pre-Mining/Mining Plan Map. The site mining limits have been revised to exclude the Lone Tree Creek channel and associated wetlands and additional description has been added to the exhibit notes. 8. Please see attached revised Exhibit C-5 — Pre-Mining/Mining Plan Map. The exhibit cross - sections have been revised to illustrate the range of anticipated soil/overburden depths and additional description has been added to the exhibit notes. 6.4.4 Exhibit D — Minim Plan 9. Please see attached revised Exhibit C-5 — Pre-Mining/Mining Plan Map. The site mining limits have been revised to exclude the Lone Tree Creek channel and associated wetlands and additional description has been added to the exhibit notes. Although included in the overall permit boundary and affected area, the creek channel and associated wetland/riparian area will not be disturbed during mining and reclamation. The only exception will be if an access road needs to be constructed across the Lone Tree Creek drainage to access the southern mining area (Phase II). If an access road is constructed, only the area within the footprint of the road will be temporarily disturbed. In lieu of the road, an elevated conveyor may be used to minimize disturbance to the creek drainage area. Construction of the access road or elevated conveyor across the Lone Tree Creek drainage will be detailed in a permit technical revision submitted to, and approved by, the Division prior to any disturbance within the drainage. 10. There are no jurisdictional wetlands or other waters of the U.S. within the Carr Pit East mining limits. Areas with potential jurisdictional wetlands were identified during initial site assessments and have been excluded from the mining limits. Jurisdictional wetlands likely occur exclusively within the Lone Tree Creek drainage area and may be disturbed and (btue earth ru SQLUTAQNS Page 3 of 12 Mr. Connor Drinkard RE: Care RR EastM--2022-005 June 27, 2022 temporarily filled for construction of the access road or elevated conveyor to Phase II. However, prior to any disturbance within areas identified as potentially containing jurisdictional wetlands or other waters of the U.S., a jurisdictional wetland delineation will be performed, and an appropriate Clean Water Act Section 404 permit will be obtained from the U.S. Army Corps of Engineers to cover the disturbance. A U.S. Army Corps of Engineers Section 404 approval letter will be included in a permit technical revision submitted to, and approved by, the Division prior to any disturbance of jurisdictional wetlands. 11. The embankment of the Lone Tree Creek drainage will not be mined. However, mining to near the drainage top of bank allows reclamation grading to blend the mine excavation bottom into the drainage embankment without creating areas where stormwater could pond. During active mining, an overburden berm approximately 3 feet high will separate the Lone Tree Creek drainage area from mine excavations, haul roads, stockpiles, and other mining disturbances. The berm acts as stormwater management and as a safety barrier. Fortunately, mining at the Carr Pit East site produces rock in varying sizes so rock mats, rock dams, rock armoring, etc. can be readily used to slow stormwater runoff, stabilize disturbed areas, and minimize sediment transport. At natural topographic low spots upgradient and adjacent to the berm, sediment ponds will be constructed to catch stormwater and reduce suspended sediment prior to discharge into the Lone Tree Creek drainage area. Please see adequacy review Response #3 for more details. 12. Exhibit D — Mining Plan is revised to, "The Poudre Valley REA powerline is located along the southern part of the permit area, adjacent to, but outside of the mining limits." Please see attached revised Exhibit C-5 — Pre-Mining/Mining Plan Map. 13. As described in the Nature of Deposit to be f fined subsection, traditional organic topsoil is thin or non-existent within the mining area. However, within this same subsection, soils and soil overburden material is described as shallow to deep looms from less than one inch to over four feet thick. This `soil' and `soil overburden material' should be more accurately labeled as the overburden material within the mining area. 14. We believe that all of Phase I (102.7 acres) being disturbed at one time is not accurate. The concept of concurrent reclamation is specifically directed at quickly reducing disturbed area following mine excavation. As areas become reclaimed, we believe they are no longer considered disturbed. The aggregate deposit and environmental conditions at the Carr Pit East site increases the desire, need, and ability for successful concurrent reclamation. The applicant's experience aggregate mining in the Carr Pit East area has shown that, to abate dust and stormwater suspended sediment runoff in the dry and windy northern Colorado environment, areas disturbed by excavation must be minimized. Since the deposit being mined is above the groundwater table, reclamation is not hindered by mine dewatering operations and can proceed quickly after excavation is complete. To minimize material handling, overburden stripped from a new excavation area is typically placed immediately on rough graded, previously mined areas. Once soil and overburden growth medium are placed (btue t earl SVffblVNS Rage 4of12 Mr. Connor Drinkard RE: Carr Pit East M-2022-005 June 27, 2022 and graded, the area is seeded as soon as is practical to stabilize the material from wind and stormwater erosion. Despite our believe in the rapid concurrent reclamation process, we have reassessed the disturbance table in Exhibit D — Mining Plan and feel that additional area should be added to account for seeded, but not completely reclaimed acreage. Although we do not believe this would include all of Phase I, the area of Phase I that has already been backfilled, graded, and seeded (outside of the active and partially reclaimed areas) may require additional reclamation action if seed growth is disturbed by drought, bison and antelope grazing, etc. Reseeding typically involves 20 percent of the originally seeded area. The below revisions for the Mining Plan table will be reflected in revisions to Exhibit L — Reclamation Costs. Revised Mine Operation Aspects and Disturbance Areas Aspect Mining Operation Disturbed Area (acres) Active Mining Area: 1. Near vertical active mining face (1,000 linear feet). 2. Pre -stripped area in anticipation of mining A (1,000 feet by 100 feet = 2.3 acres). 13.8 3. Near vertical an -reclaimed pit side slopes (500 linear feet on each side of mining face). 4. Un-reclaimed pit floor (11.5 acres). Partially Reclaimed Mining Area: B 1. Pit side slopes (2,000 linear feet) dozed/baekfilled to 3H:1 V. 12.5 2. Partiall reclaimed it floor. Previously Mined and Reclaimed Area: C 1. Previously seeded (74.4 acres) 14.9 2. Re -seeding (20% of previously seeded area) Miscellaneous Disturbed Areas: 1. Internal haul roads. D 2. Main access road to Connell Carr Pit (M-2014-001).-, 3. Other areas disturbed b minin activities. Final Reclamation: E 1. Seeding. NA 2. Re -seeding Total Disturbed Area 43.2 blue eolith SOLUTIONS Page 5 of 12 Mr. Connor Drinkard RE: Carr Pit East M-2022-005 June 27, 2022 15. The estimated duration of each mine phase is summarized in the following table. Ultimately, the duration of each mine phase is dependent upon market demand. Mine Phasing Summary Total Acreage Duration Mine Phase Mine Area (acres) (years) Phase I North 102.7 5-8 Phase II South 23.2 1-2 TOTAL 125.9 6-10 16. The Phase II mining area south of Lone Tree Creek will be accessed by an internal haul road or elevated conveyor. An internal haul road has been used previously at the Carr Pit site (M-2014-001) and it is anticipated that a similar haul road design would be constructed for the Carr Pit East site. Design plans for the Carr Pit creek crossing are attached. Please see adequacy response #3, #9, #10, and #11 for additional information regarding the protection of the Lone Tree Creek channel, associated wetlands, and drainage riparian area. 6.4.5 Exhibit E — Reclamation Plan 17. The sand and gravel deposit being mined does not extend to a depth that contacts consolidated shale/sandstone parent or bedrock material. Instead, test pits on the Carr Pit East site and excavations on the Carr Pit (M-2014-001) site indicate an unconsolidated silty clay material of varying depths underlies the sand and gravel deposit. Additionally, we do not believe that all of the soil horizons presented on the site soil profiles function as necessary plant root zones. Excavation of the grasses and low growing fortis on the site suggest isolated plants and bunch or sod forming grasses typically six inches deep. We believe the described soil/growth medium description in the reclamation plan is adequate. 18. Non -noxious and List C weed species will be controlled during reclamation, primarily if they impact the development of the desired reclamation species. 19. All surface water discharges from the permit boundary will comply with water quality standards as established by the Colorado Department of Public Health and Environment. Approval under the Colorado Discharge Permit System (CDPS) General Permit for Discharges Associated with Sand and Gravel Mining and Processing will be obtained prior to operations. Coverage under the permit will include a site description including anticipated stormwater outfall locations, potential pollutant sources, site inspections, and a Stormwater Management Plan detailing operations and best management practices used to minimize impacts to stormwater quality. In general, during final reclamation, sloping, grading, and revegetation will be the primary techniques used to control surface water runoff and quality. The steepest slopes on the blue eolith SOLUTIONS Page 6of12 Mr. Connor Drinkard RE: Carr Pit East M-2022-005 June 27, 2022 reclaimed site will occur around the excavation exterior, but will always be 311: 1 V or flatter. Surface roughening and active management during final reclamation will be used until vegetation establishment stabilizes slopes. These slopes, however, direct stormwater back to the interior of the site and not off the permit area or directly into Lone Tree Creek. On the interior of the site, slopes will be graded to reflect the pre -mining landform (generally 2 percent slopes or flatter). Again, surface roughening and active management will be the primary practice until vegetation becomes established. The site interior grading will direct runoff towards the undisturbed Lone Tree Creek drainage. 20. Reclamation phasing will generally follow mine phasing. Details of the concurrent reclamation are presented in Exhibit E — Reclamation Plan. As described in Exhibit D — Mining Plan, once the mining highwall has exposed approximately 500 feet (perpendicular to the highwall) of new excavation, reclamation begins on previously disturbed areas of the excavation with scarifying/rough grading and soil/growth medium placement as soon as material becomes available. Final grading and revegetation are typically timed to take advantage of the spring growing season. The table below provides an overall summary of reclamation phasing. Because of the Carr Pit East site conditions and climate, several years may be needed to finalize reclamation as illustrated in the reclamation summary. Reclamation Phasing Summary Total Acreage Duration Mine Phase Mine Area (acres) (years) Phase I North 102.7 8-11 Phase II South 23.2 4-5 TOTAL 125.9 12-16 21. All stockpiles of topsoil and overburden material inactive for 180 days will be seeded. 22. The use of fertilizer and mulch at the Carr Pit East site is not desirable nor anticipated. If it is determined that fertilizer and mulch is needed to achieve successful reclamation, additional soil analyses and other information may be necessary to prescribe the appropriate fertilizer application. If it is determined that fertilizer and mulch are necessary for reclamation, the supporting information and application plan will be submitted to the Division in a technical revision prior to use. 23. As stated in Exhibit E — Reclamation Plan, seeding shall occur in areas when grading and spreading of topsoil/overburden growth medium are complete. Planting will occur seasonally to allow for timely germination with available moisture and to provide the highest blue eolith SOLUTIONS Page 7 of 12 Mr. Connor Drinkard RE: Carr Pit East M-2022-005 June 27, 2022 possibility for growth success. If possible, planting will be performed between mid - November and the end of April. 24. Since the post -mining land use of the Carr Pit East site will be rangeland, and no regular access will be necessary, it is not anticipated that roads will be included in final reclamation. 6.4,5 Exhibit G — Water Information 25. The Carr Pit East operation is not expected to directly affect groundwater systems. Groundwater on the site will not be exposed during mining or reclamation and no groundwater quality impacts are anticipated. 26. Approximately one acre -ft per year will be used on the Carr Pit East site for dust control. Since mining and reclamation will occur above the normal groundwater elevation, no water depletions will occur from dewatering or saturated material losses. Water will only be used from the permitted well. 6.4.8 Exhibit H — Wildlife Information 27. Please see response #3 for incorporation into Exhibit H — Wildlife Information. 28. Please see response #29 for explanation of potential mammal occurrence on the proposed project site. 29. The Wildlife Information exhibit in the permit application shall contain the revisions below addressing seasonal use of the project area by pronghorn antelope and deer. Co evaluate potential wildlife habitat impacts from the proposed operation, information was gathered from the Natural Diversity Information Source (NDIS) as well as publications associated with the Pawnee National Grasslands to the east of the site. The NDIS combines plant and animal abundance data from the Colorado Division of Wildlife (CDOW) and other Colorado natural resource agencies to be used for land -use analyses and decisions. Additional sources of information include comments from Colorado Parks and Wildlife (CCPjI staff, the Colorado State Wildlife Action Plan, CPW's Species and Associated High Priority Habitat publication, Colorado Natural Heritage Program (CNHP) Level 4 Potential Conservation Area Report - Lone Tree Creek, the Colorado State Conservation Board Lower South Platte Watershed Plan, and the Nature Conservancy's Southern Rocky Mountains: An Ecological Assessment and Conservation Blueprint. The proposed permit area is managed rangeland with mining activities on adjacent properties. The site primarily contains upland rangeland with isolated areas of water, riparian, and wetland habitats. Upland areas consist primarily of native and introduced grasses while isolated stands of cottonwood and other riparian and wetland vegetation are found along Lone Tree Creek. blue eolith SOLUTIONS Page 8 of 12 Mr. Connor Drinkard RE: Carr Pit EastM-2022-005 June 27, 2022 There are no known federally threatened, endangered, or candidate species within the proposed site boundary. Federally threatened, endangered, or candidate species that could potentially be found in Weld County or that could potentially be affected by projects in Weld County include the Treble's meadow jumping mouse, interior least tern, Mexican piping plover, whooping crane, pallid sturgeon, Colorado butterfly plant, Ute ladies' -tresses orchid, and the western prairie fringed orchid. None of these species have been observed or documented within the proposed site boundary. Colorado state threatened, endangered, and species of concern that could potentially be found in Weld County or that could potentially be affected by projects in Weld County include the black -tailed prairie dog, Northern river otter, swift fox, American peregrine falcon, bald eagle, ferruginous hawk, greater sandhill crane, long -billed curlew, mountain plover, Western burrowing owl, Western snowy plover, plains minnow, suckermouth minnow, brassy minnow, common shiner, Iowa darter, stonecat, common garter snake, and Northern leopard frog. For many of these species, potentially suitable habitat does not exist within the proposed amendment area. Potentially suitable habitat does exist within the proposed project area for mammal and bird species such as the black -tailed prairie dog, swift fox, mountain plover, and Western burrowing owl. However, black -tailed prairie dogs and their burrows have not been observed on the proposed site; nor have related species such as swift fox and the Western burrowing owl Mountain plover has also not been observed within the project area. Na potential raptor nests were found in or near the project area. The Lone Tree Creek drainage within the proposed permit area could provide potential habitat for some Colorado state threatened, endangered, and species of concern including the common garter snake. According to CPW, several Species of Greatest Conservation Need (SGCN) could occur within the project area. The Lone Tree Creek drainage is presumed to be a likely important corridor for the Northern leopard frog. Additionally, the Brassy minnow is known to occur downstream of the project site and an introduced population of Northern redbelly dace occur upstream of the proposed project area. The CPW SGCN that occur within the Lone Tree Creek drainage will not be significantly disturbed by mining and reclamation activities. The CPW species listed are exclusively associate with aquatic or associated wetland/riparian habitats. These habitats within the proposed project area will be isolated from the mining and reclamation activities. In many places, the Lone Tree Creek channel is less than a couple feet wide or even nonexistent. Through the proposed project area the creek is ephemeral or intermittent at best, flowing primarily in response to substantial stormwater events or snow melt. The narrow channel and pools are generally located in the middle of the drainage bottom which varies from approximately 50 to 100 feet wide. The bottom of the drainage is commonly covered with a mix of wetland and facultative (equally likely to occur in wetlands and non -wetlands) grass species. From the drainage bottom, slopes typically rise abruptly at a l0 percent grade or steeper to the upland plain over 5 to 15 feet above. blue eolith SOLUTIONS Page 9 of 12 Mr. Connor Drinkard RE: Carr Pit East M-2022-005 June 27, 2022 The temporary mining and reclamation disturbances will take place offset from the Lone Tree Creek drainage the top of bank and will not impact the Lone Tree Creek channel or associated wetlands. Where the mining and reclamation disturbances are anticipated to occur, suitable habitatfor the noted SGCN does not exist. Many birds may use habitats similar to those found at the proposed project area, either year- round, seasonally for nesting, or temporarily for roosting during migration. Some of the common or abundant species could include robins, orioles, starlings, swallows, magpies, wrens, longspurs, lark bunting, doves, kingbirds, and blackbirds. Because of the lack of open water habitat within and near the proposed permit area, shore birds and waterfowl are not likely to be present. It could be expected that most mammals common or abundant in Weld County would not be found near or within the proposed permit area. Lack of appropriate habitat including suitable forage (including agricultural crops), trees and shrubs for browsing and shelter, open water, and availability of prey species likely limit or eliminate species from the proposed project area that may occur in other areas of Weld County. Smaller mammals that might be found elide proposed project site might include mice, voles, gophers, rabbits, raccoons, and skunks in limited populations. Some of the larger mammals could include both mule and white-tailed deer, antelope, coyote, and fox. These species may use the proposed project area as part of their overall range, but would not likely be year-round or seasonal dependent on the site due to the lack of suitable forage, available shelter, and lack of prey species. CPW has stated that the proposed project area could provide a winter concentration area for deer and pronghorn antelope. Although pronghorn antelope are commonly seen in the project area, often grazing on reseeded reclamation areas of the Carr Pit (M-2014-001), a substantial population of deer are not known to occur in the area. Additionally, significant eraeeaai increases in population of either species has not been observed in undisturbed or otherwise reclaimed areas near the project site. The Carr Pit (M-2014-001) and proposed Carr Pit East site are also temporary disturbances within the Lone Tree Creek watershed and impacts following final reclamation are expected to be minimal. The mining and reclamation activities may disturb some of the wildlife within the proposed permit area and adjacent area. However, the activities will be confined to specific areas and total disturbance at one time will be limited. Impacts to wildlife following reclamation will be minimal. After removal of the gravels and the creation of a basin within the mine pit, wildlife habitat could be better on the bottom of the pit where vegetation growth may be more abundant. Grading of the mine pit into the Lone Tree Creek drainage may also improve the creek's connection with the surrounding flood area, potentially creating better vegetation growth conditions and an increase in wildlife utilization. However, water availability will still be limiting. The Lone Tree Creek drainage will likely still be the primary wildlife habitat in the area. blue eolith SOLUTIONS Page 10of12 Mr. Connor Drinkard RE: Care RR EastM--2022-005 June 27, 2022 6.4.9 Exhibit I — Soil Information 30. The Cascajo gravely sandy loam material is mostly confined to the Lone Tree Creek drainage and, therefore, will not be a significant mined soil group. Exhibit I — Soil Information will include the following soil group information: The Cascajo gravely sandy loam is found on 5 to 20 percent slopes and located on land form breaks and ridges. This soil type is somewhat excessively drained and classified as Hydrologic Soil Group A. The water table is typically more than 80 inches below the soil. Its water holding capacity is low and areas containing this soil type are not prime farmland. 6.4.10 Exhibit J — Vegetation Information 31. The only estimate of carry capacity for the existing rangeland within and adjacent to the proposed permit area is from the landowner's current bison grazing operation. It is estimated that the rangeland carrying capacity is between 10 to 25 acres per animal unit. 6.4.12 Exhibit L — Reclamation Cost Estimate 32. The reclamation cost estimate in Exhibit L — Reclamation Costs has been revised to include changes from responses to previous comments, specifically Comment #14. The revised reclamations costs are attached. 6.4.19 Exhibit S — Permanent Man -Made Structures 33. Structure agreements have been offered to all owners of valuable and permanent man-made structures located within 200 feet of the affected land. Certified mailing receipts are attached. Notarized agreements will be provided to the Division as they are obtained. Where structure agreements cannot be obtained, the applicant proposes mining setbacks of three (3) times the pit depth from the permit boundary and/or other valuable and permanent man-made structures. The typical depth of mining is anticipated to be approximately 12 feet below the ground surface and current mining limits are 50 feet from the permit boundary. Additional Comments 34. Responses to agency referral comments are below. The Colorado Division of Water Resources comments have been reviewed and (1) no groundwater will be exposed during mining, (2) water trucked to the site will be obtained from a legal source (Well Permit No. 25144 -F -R, and (3) stormwater will not be detained in the mining cell for more than 72 hours. The Office of Archaeology and Historic Preservation stated in their response letter that, `a finding of no adverse effect is appropriate'. As part of the property assessment, the applicant consulted with HistTa Cultural Resource Consulting, LLC to evaluate any potential (btue earth SOLUTIONS Page 11 of t2 Mr. Connor Drinkard RE: CarrRRRestM--2022-005 June 27, 2022 archaeological sites on the proposed Carr Pit East site. Some sites were discovered, mapped, and sampled for possible state and national registration. The discovered sites are restricted to the Tri-State Generation and Transmission Association powerline easementlright-of-way and will not be disturbed by mining and reclamation activities. Additionally, if cultural resources are uncovered during mining, the proper authorities and/or agencies will be notified. If human remains are discovered during mining, earth moving activities in the area will stop and the authorities will be notified. Comments from Colorado Parks and Wildlife have been addressed in Comment #3 and Comments #27 through #29. If you have any questions regarding this application and adequacy comment responses, please call me directly at (970) 227-2803. Sincerely, Blue Earth Solutions, LLC William Schenderlein, P.E. Project Manager Enclosures (btue earth en SOLUTIONS Page t2 of 12 Proof of Adequacy Review Response Delivery to Weld County Clerk to the Board Cblue earth SOLUTIONS Letter of Transmittal DATE: June 27, 2022 TO: Weld County Clerk to the Board 1150 O Street Greeley, Colorado 80632 FROM: Bill Schenderlein Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 (970) 227-2803 WE TRANSMIT: Attached ❑ Information Below Remarks: THE FOLLOWING: ❑ Originals ■ Copy of Letter ❑ Applications ❑ Specifications ❑ Other FOR YOUR: ■ Use ❑ Approval ❑ Information ❑ Review & Comment Submission of this material satisfies requirements of the Mine Land Reclamation Board Regular 112 Operation Reclamation Permit Application. The enclosed application material must remain for public review at least sixty (60) days after a decision on said application has been made the Office of Mined Land Reclamation (Rule 1.6.2 (2)). Confidential materials were purposely excluded. • One (1) copy of DBMS Construction Materials Regular 112 Operation Reclamation Permit Application Response to Adequacy Review Comments — Carr Pit East — Connell Resources, Inc. Signed: k l J f . F Blue Earth Solutions, LLC n P.O. Box 2427 n Fort Collins, CO 80522 n (970) 227-2803 Division of Reclamation, Mining and Safety Adequacy Comments Dated April 8, 2022 DNR April 8, 2022 COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources John M. Warren Connell Resources, Inc. 7785 Highland Meadows Parkway, Suite 100 Fort Collins, CO 80528 Re: Carr Pit East, Permit No. M-2022-005; 112 Construction Materials Reclamation Permit Application Package Adequacy Review Dear Mr. Warren; The Division of Reclamation, Mining and Safety (Division) has completed its adequacy review of your 112 construction materials reclamation permit application package. The application was received on February 7, 2022 and called complete for review on February 17, 2022. The decision date for this application is May 18, 2022. Please be advised that if you are unable to satisfactorily address any concerns identified in this review before the decision date, it will be your responsibility to request an extension of the review period. If there are outstanding issues that have not been adequately addressed prior to the end of the review period, and no extension has been requested, the Division may deny this application. The review consisted of comparing the application content with specific requirements of the Minerals Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials. Any inadequacies are identified under the respective exhibit heading along with suggested actions to correct them. The Division requests the applicant provide a cover letter that responds to each of the adequacy items listed below and copies of the updated permit application exhibits as necessary. The following items must be addressed by the applicant in order to satisfy the requirements of C.R.S. 34-32.5-101 et pp. and the Mineral Rules and Regulations of the Mined Land Reclamation Board: 1.6 PUBLIC NOTICE PROCEDURES 1.6.2 General Applicant Procedures 1. Please provide proof of notice to all Owners of Record of the surface and mineral rights of the affected land; and the Owners of Record of all land surface within 200 feet of the boundary of affected lands in accordance with Rule 1.6.2(l)(e). 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 ht1ps:lldrms.colorado.gov Jared S. Polls, Governor Dan Gibbs, Executive Director I Virginia Brannan, Director John M. Warren Page 2 of 6 April 11, 2022 1.6.5 Specific Provisions — 112 Reclamation Permit Application 2. Please provide proof of publication in accordance with Rules, 1.6.2(1)(d)/(g), and 1.6.5(2). 3.1 RECLAMATION PERFORMANCE STANDARDS 3.1.8 Wildlife 3. Colorado Parks and Wildlife (CPW) requests lands within 500 feet of Lone Tree Creek's Ordinary High Water Mark (OHWM) to not be affected. CPW requests this because: "Lone Tree Creek is likely an important corridor for Northern Leopard Frog (Tier 1 SGCN. We also have recent documentation of Brassy Minnow (Tier 1 SGCN) not too far downstream and an introduced population of Northern Redbelly Dace (Tier 1 SGCN) not too far upstream." — CPW Please respond to CPW's request to implement a buffer to not affect lands within 500 feet of Lone Tree Creek OHWM. 6.4 SPECIFIC EXHIBIT REQUIREMENTS - REGULAR 112 OPERATIONS 6.4.1 EXHIBIT A — Legal Description 4. Please provide a legal description to the nearest quarter -quarter section in accordance with Rule 6.4.1(1). E.g. SW'/4 in SW'/a in Section 22, Township 11 North, Range 67 West of the Sixth Principal Meridian, Weld County, State of Colorado. 6.4.2 EXHIBIT B - Index Map 5. Please revise the index map to depict the access road to the affected area. On the index map, please indicate the access road is part of the adjacent Connell Car Pit (M-2014-001). 6. The Index Map is difficult to read, please provide a map that labels the major roads around the mine site. 6.4.3 EXHIBIT C — Pre -mining and Mining Plan Map(s) of Affected land 7. The mining plan map shows the mining limits encompass Lone Tree Creek. Based on your analysis and response to item #3 above and/or item #9 below, please revise these maps to depict any buffer zone to be established to protect the creek channel. 8. Please update map C-5 to list the thickness and type of overburden to be removed. John M. Warren Page 3 of 6 April 11, 2022 6.4.4 EXHIBIT D - Mining Plan 9. The applicant proposes to affect the entire permit boundary which includes the riparian area of Lone Tree Creek. However, page 7 of the mining plan indicates a variable buffer will be implemented to not disturb the creek channel where the riparian area is located. Please depict this buffer zone area on the Exhibit C mining plan map. 10. Are there any jurisdictional wetlands located within the permit boundary? If so, please identify them on the Exhibit C map and please indicate how these areas will be protected from impact from the mining and reclamation operation. If these areas will be impacted, please commit to providing DRMS a copy of the approved 404 permit allowing these areas to be affected prior to disturbance. 11. Please explain how the riparian area and stream channel will be protected from erosion and siltation resulting from excavating up to and through the Lone Tree Creek's embankment? 12. Page 5 of the mining plan indicates under the "Land Use" section that the Poudre Valley REA powerline is located on the edges of the property immediately adjacent to the proposed permit boundary, based on the C-5 map, it appears this structure is within the mining limits of the Phase 2 area. Please revise this exhibit to reflect this. 13. Please specify the range of depth of overburden material that exists at the site. 14. The Phase 1 mining area is projected to be 102.7 acres in size. The worst case maximum mining disturbance depicted on the table on page 9 of the application accounts for 28.3 acres. This acreage difference is not clear, if the active mine area will advance through the entire first phase with concurrent reclamation, would not the worst case disturbance occur during the end of mining in Phase 1 with about 102.7 acres affected`? Please clarify or revise this table to reflect 102.7 acres of disturbance. Or, please commit to submitting a surety increase to cover the liability prior to affecting more than 28.3 acres of land at any one time. 15. Please estimate the amount of time that will be required for each phase of the operation. 16. How will the south mining phase be accessed`? If a new or improved road will be used for the mining operation, please revise Exhibit D and provide the information required by Rule 6.4.4(j). If Lone Tree Creek will be crossed, please explain what measures will be taken to protect the creek channel, and allow for flow. 6.4.5 EXHIBIT E — Reclamation Plan 17. The reclamation plan proposes to spread 6 inches of topsoil/overburden over the pit floor and one foot of growth medium on pit slopes. The long-term success of the revegetation John M. Warren Page 4 of 6 April 11, 2022 of the affected land is dependent on the desired species ability to establish and survive. The limited amount of growth medium spread over the shale/sandstone parent material will not provide an adequate root depth for the desired species. Based on the soils information, the soil horizons (which include topsoil and overburden) extend to a depth of 48 to 60 inches. Please commit to retaining at least enough overburden material to replace 48 inches of material on top of the shale/sandstone parent material. Please update the reclamation plan, maps and reclamation cost estimate accordingly. 18. Page 14 of the reclamation plan states non -noxious weeds do not need to be controlled. Please revise this to indicate, that non -noxious weeds may be controlled if they impact the development of the desired reclamation species. 19. Page 15 of the reclamation plan explains how the pit floor configuration is expected to limit rapid erosion and how sediment control best management techniques will be installed in significant drainages within 50 feet of the edge of the affected land. Please explain further how the pit floor configurations will be managed to prevent rapid erosion and how water discharged from the affected land will comply with surface water quality standards`? It appears the operator will need to obtain a CDPS discharge permit since water will discharge from the mine area into Lone Tree Creek. Please describe and show how the water will be managed to comply with the CDPS permit standards. If erosion and sediment control structures such as silt fence, berms, sediment ponds/basins, etc, will be used, please provide design plans for these features and show where these features will be used on the mining plan map. 20. Please provide a plan or schedule indicating how and when reclamation will be implemented in accordance with Rule 6.4.5(2)(e). 21. Please state that all inactive stockpiles will be seeded within 180 days. 22. The reclamation plan indicates mulching and fertilizer is not being proposed but then goes on to indicate that mulch and fertilizer may be used. Please clarify this discrepancy and provide a clear plan for when mulch and fertilizer will be used. Otherwise, please commit to mulching and fertilizing the affected area and revise the reclamation plan and cost estimate accordingly. Please specify the fertilizer type, mixture, quantities and times of application. 23. Please revise the reclamation plan to explain the expected times) of seeding and planting per Rule 6.4.5(2)(f)(ii). Pb. Please indicate which roads will be left as necessary for post reclamation access. 6.4.7 EXHIBIT G — Water Information John M. Warren Page 5 of 6 April 11, 2022 25. Known aquifers are not identified in accordance with Rule 6.4.7(2)(b). Please specify if there are any known aquifers such as the South Platte Aquifer the proposed permit area drains to within Exhibit G — Water Information in accordance with Rule 6.4.7(2)(b). 26. Please provide an estimate of the project water requirements for each water source including annual volumes for the development, mining and reclamation operations. If another water source, other than the permitted well, is used please identify what that source of water will be. 6.4.8 EXHIBIT H — Wildlife Information 27. Please respond to Colorado Parks and Wildlife's (CPW) comments regarding item #3 above and update Exhibit H as necessary. 28. Page 20 of the application states "It could be expected that most mammals common or abundant in Weld County would not be found near or within the proposed permit area." Please explain why this is the case`? It would seem these species would be found near or within the proposed permit area. Please revise Exhibit H as necessary. 29. Please note the seasonal use of the area for wildlife species. According to CPW the affected land is within the winter concentration areas for deer and pronghorn. Please explain what measures will be taken to protect these wildlife species`? 6.4.9 EXHIBIT I — Soils Information 30. According to the Web Soil Survey results another major soil type will be affected by the mining operation, the Cascajo gravelly sandy loam. Please update the Exhibit I narrative accordingly. 6.4.10 EXHIBIT J — Vegetation Information 31. Please estimate the carrying capacity for the rangelands that currently exist at the site in accordance with Rule 6.4.10(l)(c). 6.4.12 EXHIBIT L — Reclamation Cost Estimate 32. Please revise the reclamation cost estimate based on your responses to the above adequacy review questions. 6.4.19 EXHIBIT S — Permanent Man-made Structures 33. Where the 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 may either: John M. Warren Page 6 of 6 April 11, 2022 (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. The Division will require the Applicant to demonstrate they attempted to obtain notarized structure agreements with all owners of the structures on and within 200 feet of the affected area of the proposed mine site, pursuant to Rule 6.4.19, prior to the Division's consideration of a stability analysis. If documentation of compliance with subpart (a) and/or (c) cannot be provided, please provide an appropriate engineering evaluation that demonstrates that such structures shall not be damaged by activities occurring at the mining operation. Additional Comments 34. The Division received comments from the Colorado Parks and Wildlife, Colorado Division of Water Resources and History Colorado. Copies of these comment letters are enclosed for your review. Please respond to the concerns identified by these agencies and make sure every response is resubmitted to the county clerk and recorder. Please remember the decision date for this application is May 18, 2022. As previously mentioned if you are unable to provide satisfactory responses to any inadequacies prior to this data, it will be your responsibility to request an extension of time to allow for continued review of this application. If there are still unresolved issues when the decision date arrives and no extension has been requested, the application may be denied. If you have any questions, please contact me at connor.drinkard@state.co.us or (720) 836-0967. Sincerely, Connor J. Drinkard, Environmental Protection Specialist Intern Cr: Jared Ebert; Division of Reclamation, Mining & 2afety Proof of Notice to Surface Owners and Easement Holders within 200 -Feet of Affected Land PUBLIC NOTICE Connell Resources Inc. 7785 Highland Meadows Parkway, Fort Collins, Colorado 80528 (970) 223-3151 The above named operator has filed an application for a Regular (112) Construction Materials Operation Reclamation Permit with the Colorado Mined Land Reclamation Board under provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials. The proposed mine is known as the Carr Pit East, and is located at or near Section 22, Township 11 North, Range 67 West, of the 6th Prime Meridian. The proposed date of commencement is 2023, and the proposed date of completion is 2033. The proposed future use of the land is ran eg land. Additional information and tentative decision date may be obtained from the Division of Reclamation, Mining, and Safety, 1001 East 62nd Avenue, Room 215, Denver, Colorado 80216, (303) 866-3567, on the website (https:Hdrms.colorado.gov/information/permitting-actions-currently-under-review), or by email at: drms info(hstate.co.us. Alternately, additional information can be found at the Weld County Clerk to the Board's office; 1150 O Street, Greeley, Colorado, 80632, (970) 498-7860, or the above -named applicant. Comments must be submitted in writing via the electronic form at: /Idnrlaserfiche.state.co.usMForms/DRMS Comment and must be received by the Division of Reclamation, Mining, and Safety by 4:00 p.m. on April 4, 2022. Please note that under the provisions of C.R.S. 34-32.5-101 et seq. Comments related to noise, truck traffic, hours of operation, visual impacts, effects on property values and other social or economic concerns are issues not subject to this Oce's jurisdiction. These subjects, and similar ones, are typically addressed by your local governments, rather than the Division of Reclamation, Mining, and Safety or the Mined Land Reclamation Board. N N,./ -z P1 rn iir O 0 O ti C 0 . .- Fort Coil its, ily 05. 1- Certified Mail Fee a7J $ 0197 k�5 �'1 4 a Pe9tlTla Hero i ❑❑ U L L CY,t'G l` -r L —� »o r� arvlcaar£Faesr�� ❑ FtetJrn RecMpt $ ❑ RaWrn Reoe:pi le:ectronlcj S _ ❑ Cnrtlrlad Malt R9srrr4lgd p*I e,y $ ❑ Adult 8fgnatt�m Rncurlea 8 _ [] Adult SlSnarurp Reslricled teliivery 3 / Postage $0. 58 Total Pastaf and Fees $ m33 Sent TO POUDRE VALLEY REA ajmj1i am 7649 REA PARKWAY.•Y--Y-•-------'----------------. f'}' FORT COLLINS, CO 80529 V rty,-SF�IY Y -- YYY Y ■ Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you, • Attach this card to the back of the maiipiece, or on the front if space permits, 1. Article Addressed tp; IJj. Y REA 764'] Ill IARKWAY FORT ( fl' i,I NS, CC) 8Q52$ 0 0 0 T i. In ..e10r CertfadMaiiFea $ 'L' 7� A � 0197 Fi �tN p Hem F� 1`} CC rTp��f+- o FE 2 L L ') 22121 Extra rvlcas a Fees ( ta% , a UmumRecelpt[h ;r) 3 '■ � ❑ stetum RLewdPt (e:acrmnra} $ ___� ❑ C ! d Mx'l Rntn�tvd Pglimry S l] daduns�narurarsqu�ea s __ +��00 ❑AdultSgnluoriostricldDeliery$_ Pasha, Total astagaandr�$�f,\ $ Y! 3,y Lusp WELD COUNTY PUBLIC WORKS ire PO BOX 758 --------- Y..---- ---....Y•--------- CREELFY, CO 80612 Cltj ------------Y.YYY ..... . -- AY Signature K D Addrreessee 0. Received by (Pr/n d Name) C. Date of Dellvety 01 is delivery address d Iffererlt from item 17 D Yes If YES, enter deIive y address below, D No 3. Service Type D Priority Mall Fjspresst I 111111 111 11 III III I I 11111 III I I 1111111 O Adult Sgnalurs L] Registered Maitre O Adult Signal Restrtcted Delivery ❑ Registered Mall ResMcted CI Gerllfied Malls Dellvary 9590 9402 6324 0296 4526 03 O cer en aI ivel eshIcted Delivery ry 11 Si attthare CanfrmaUo 2 .�:_�_ .. �_u rr. s a _ _-- r... rte. Lei r1Cn1 et ,n tleivery Restricted i3e4ivery RdstricWI Delivery 7018 2290 0001 94H1 367 7 Resttted Delivety I overyouul PS Form 3811, July 2020 PS1U 753o-o2.0D0-soya Domestic Return Rucdpt 0 Comptett: items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this Card to the back of the mailpiece, or on the front if space hermits. 1. Article Addressed to; "hi.ls r,'UliNTY PIJBL.tC WORKS Pn IMJX six tCREELEY.(;D& 63? 1111111I1111111111111111111111111111 II 1111 9590 9402 6324 0296 4525 97 2 ftltn hI,,Y,Yr..�-1'lrew.ilY.. fir ti... IwY\1!-rY Jni_n 7018 2290 0001 9491 A. Signature X _ Agent L1 Addressee 13, Received by (Hinted Name) a. Date of Delivery Gorey McGee 22-2-7. D. Is delivy address different from item 1? ICJ Yes If YES, enter delivery address below; p No 3. Serrice'type O Adult $Ignature to AdultSlgnglum Resticted Delivery © Cert1 lad Mail® o Certfied Mall Restricted nguy{ r O Co ectan Doivary 11 Cfb�.rSOh nsliveryRetricted Delivery 3684 fesutctod Deivery O Priority Mail Expmssg © Registered MIILTM ❑ Reeggistered Mall Restricted Detivery o Signature ConlrmauonlM q Signature Contirmation Restrcted Delivery VV 1'2tWU PS Form 3811 July 2020 PSN 7530-02-uOoYgo 3 Domestic Return Receipt: Ir ru 0 uI r -r tisJ tb z Uet4vier'# cu tit l� a blllil I C I A L UW rn x ce<tlfied Me" Fee $3.75 0197 mr Certified Mall Fee $3.75 f197 1 Ex ra ces f , scene a11 LIE? EKtr& rvice3 & Fees[ ref 1 o❑ gatum Receipt P 8, pyl S L+rJ III O Retun Rs Oipt gwdcoeyl i - �4 Q 1�Fiehm l{ele¢tmNo} S ilkCD� ❑ReiwnRoce1pl: 6 4e Po 0 lcwtslidMellRodrictedpolvery 6 C.C t'IczrMledMailReeErlcteaaedv.rr i Here t]Muh Sipnutuse taequlrud # Q Wdvlt signnluro Required # ❑ Prun Goraium Restrlcrted • } Y S (�RdUtl 5dennlure Reskrkted OnFlvery S f` �} r• r7 N Postage l• q Pa9ta t .vi 9 Totairvot8geandF�ep rl TntalPostagean Fgap 20221 2 $.ru r i $ x.38 �f5 17J Sant To ry.i $6r1rT^ C3 THOMAS LARRY E (LE.) STATE OF COLORADO •&freer 7900 COUNTY ROAD 120 . lti $he9 1127 N. SHERMAN ST, S1,1I'rF. 300 "•••"-------------T-„--------T- ITTTL... CARR, CO 80612-962f DENVER, CO 80203-2398 City.....--------------------- ,T....-• '., ■ • *•■ f • ■ Complete items 1,2 and 3, A Si9ntw's ■ Print your name pnd address on the reverse x O Agent so that we can return the card to you, // .�� D Addressee ■ Attach this card to the back of the mailpiece, B. 4YEenter (Pnn e) C. Date of Delivery or on the front if space permits. F r 1, Articfe Addressed D. dress Efferent from item 17 F Yes i delivery address below: ❑ No THOMAS LAL,. 'r E(I.E) 7900 CUL 2.: 'i kOAD 120 CARR, CU . 3. Service Type ❑ PF[odty Meii fxpresa 111 111! l!N fl 11111111111 no iiii 1 In I ❑ Adult 51gna ❑ Registered Marl L7 Mitt S gneuro turg ReslnCted Delivery ❑ pealamRestricted Mail ❑ Certl{ied Mailh Delivery 9590 9402 6324 0296 4526 96 ❑ CenifiedMat[RssWctedoaltvary ❑stgratarncan"rmationTM ❑ Collect on 6eIivery I7 519nature Confirmallon p AM Hire rd.. r or rTranefer firsm canrin 5 or,F lr i ❑ Collect an Dellvary Restricted Delivery Restricted Delivery 7021 1970 0000 5403 40136 f I Restrictetl [3E;InrOry PS Form 3811, July 2020 PSN 7530.02 -coo -9053 Domestic Return Receipt • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. Itr Attach This card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: STATF; OF COLORADO 1 127 N- SHERMAN ST_ SUITE ;500 DENVER, CO 80203-2398 I� I I III IIII III I I I I IIIfI)I ill I I N I 1 III 9590 9402 6324 0296 4526 72 2. Article Numhar ftmnsfPs frnm Frarsrrra 1�hnn 702E 1970 D000 5403 4 x 8, Received by (Panted O Agent ❑ Addressee C. Date of Delivery D. Is dellvery address different from item 17 0 Yes if YES, enter delivery address below: p No 3. Service Typo O Adult Signature ❑ Adult Signature Restricted 6aFivery d Certified Melba ❑ Carilfed MI Restricted Delivery ❑ Collect on nelivEry ❑ Colton aelivory Resfrlcted delivery 29 8 Restrcted oelfvery U Priority Mail Exprnso ❑ Rag]stered MallTM ❑ Reentered Mail Restricted Doliivery ❑ Signature L`onfvntaticnnA ❑ Signature Conflrinatron R2strlctsd Delivery PS Form 3811, Ju'y 2020 PSN 7530-02-OOD-5.? Domestic Return Receipt in Lf .D m Che! nner WY 82007: I<4leuenner wr 1UJj$lH I Cr certified Mail Fea r 75 — 0197 certified Mail Fee 3 7, - 0197 p• :, ITre erviaes FeestcrrpkwoalGlaa ,^I'1 1 Extra ervlWtegs&FeeskLret,.OMIw> la Return Recerpt (hardoop}r] . �+ ❑ fy ❑ Ratum ReEeIM thE>rt1ooAV3 S e a izi ❑ Return Haceror [eiec+ aNch s $J �I l y Posirtrs O C3 D aetum Pec lPt [alrxkmdcl s (i Postmark `r` G 13 canlnad Men Resnlaed oclhrely 5 # lists O Dceranad Mai Hestrlcted D1 .ty I H,g�� 1 I� I]AdelkSt�awaRequred S �J �r1i�, D I�AduR3lgnalweRequred S . $ vim L.� "U O []Adult Sry�___ rrastncred uelkery _ r'1 V� ❑ n7ut wwura Resirkted Ddmy $ L �- Pastaga t3 i- Pasta9e 30 .58 rU Total Pastaga and e a $ /22/2 rruu Total Postaga and Fy. 38 2 SPRZNTfT-MOBLLE r�-1 Sens UNION PACIFIC RAILROAD L'O S; TELECOMMUNICATIONS CO --------------------------------------- C eire 1800 WESTLAND [WAD ------------ 114 WEST 10'r` STREET N CHEYENNE, WY 82001 L° CHEYENNW E, Y 52001 �. . » `------------------ U.S. Postal Service" CERTIFIED MAIL® RECEIPTlu Oomesiic Mail Only For delivery }nfarmation, visit our website at www.usps.comt. ■ CDmplots items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the rnailpiece, or on the front if space nemitts. 1. Article Addressed to: SPRINT:"r-MOHLLE TELECOMMUNiCA'i'IONIS CO 114 WEST 16121 STRI:E'I' CHEYENNE, WY 82D01 A. Signature x _ �� J{Agent " © Addressee B. R eared by (Pitted Name) G. Date of Er¢livery O, is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: 10 II i II lilt III II I I I I II I I I II I Illl I I III I II I III 3. MS0e Type ❑ Priority Mail � ❑ Adult ignatt,re ❑ Registered jUlajlTM ail*"' d Adult Signature Flestdcted DIvery ❑ Reglstered Mail Restricted 11 Certified Mall* Delivery 9590 9402 6324 0296 4526 27 ❑ ced;Fled Mall Restricted Delivery US ur9Conffrmation"a © CuXtacton Divot' ❑ SignatureCanflrmatlun 2 rY WJrI� .4.& lT.rr�l�_ £...,v..n1a. L.A,.IY P1 Collect an Delivery Rsatriated Elulivery ResViat cl Delivery C 7018 2290 0001 9491 3653 rlestdotedCwvary PS Form 3811, July2020 PSN7S3O-02-O00-sa53 Domestieturn Receipt s Complete Items 1, 2, and $- ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to -the back of the mallpiece, or on the front if spaca permits. 1, Article Addressed to: UNION FACIFIC RAILROADCO 190 WESTLAND ROAD CREYENNE, WY 82[](H A. Signature X O Agent ❑ Addressee B. Received by (Printed Name) IC. Date of Delivery o. Is delivery address different from item 12 D Yes If YES, enter delivery address below: ❑ No I l I I II 1111 1111111 Il 11111111 11 ILII IR S. A $Ig ° P` t red Msd�� ❑ Muft Signature Re dad Delivery ❑ faegIsfered Madi glestnated ❑ Certified Malin DOllvery 9590 9402 6324 0296 4526 41 O certltIedM ii nt IDenvery ery o Signature�n matonTM .�_.... -�---�"--.L- r__T ,. L..L..,n LIColiectanDeliveryRestdctedDelivery Restricted Delivery 7018 2290 0001 9491 3639 RestrictedDellvery PS Form 3811, July 2020 PSN 7530.O2-0OO-9O53 Domestic Return Receipt r9 r H ci ci • Complete Items 142, and 3. • Print your namaand address on tho reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space hermits. f, Article Addressragl to: DEPORTER. ARVIDR 14503 COUNTY ROAD I0& N tJ NN, CO 8064&4013 Er nJ 0 C3 C3 C rR rR ru n N CeriIfnd Mall Fee k� . pt E 0197 11 Extra Services 4 Fe as [rhecw W. a7a reaes�el S ❑RetomE;ecelp-ttnardaopyl r - ><t<l U P ❑ Ratum Pecdpt (dectmrdcF 9I +� P pcwtlmdntmrRa wt*dEwwcy $ i ! k r) ❑AJURSIpnntureRuqulrad 6 J� ❑Ptl414 Bkl7aturo ftasiicEed pelly�y 6 n +j Postage,fi . 5$ ft Y�5V Total Postngn and F pm /22/2 S USC Sent Th TERRY GRAZING ASSOCIATION ••ue, PO 80X 3170 ...----............. ........... CHEYENNE,. WY 32003-3170 ety.....................S...t....-_...._ B. Received by JThnted Date of Delivery D, Is delivery addles different from item 17 ❑ Yes If YES, enter delivery address below; ❑ No iI 3. Service Type ❑ Priority Ma[4 Express rIllfIll l 1IlII I!III+I ulIIlifli4IIIIUAdullSignaktre ❑RgIsteredMaiIflIII U dun Signalu a Restricted 4e11very q Registered [ufgll isfrftted d Certified Mail® Pellvery 9590 9402 6324 0296 4526 65 la CertIIled Mail Restricted ivory ❑ Signature Conf1mmtTorxm 12Collecton0eilvery LIISignatureConfirmatlor ..ru_L_ . L._L T ji r-1 ttnIEnr+nrr DelJvery Restrfcted Delivery Festrioted oe[Ivery 7U15 229U 9 U 0001 9 91 3 615 �nnali ftestrPcted Qelrvery Lt: ,J �1yy PS Farm 3511, July 2020 PSN 7530 -02 -ode, -9053 Domestic Return Receipt I. [9ThIIJit.DJIiwn atnh.*nil,ruij• ■ • Complete items 1, 2, and 3. Aa. • Print your name and address on the reverse ❑ Agent so that we Can return the card to you. Addressee • Attach this card to the back of the mallpiece, i b n ) C Date of Delivery Or on the front if space permits. 1. Article Addressed to: D. Is address different horn item t7 11 Yes H YES, rater delivery address below: ❑ No TERRY GRAZING ASS[)C[A7'IoN PO SOx 3170 CHEYENNE, WY 82003-3170 'Ir l� 111 III��I�[ I I�I�II IlI��I�I��II�II 3u1t3! TypenatL:e 0Reg1tr edMiIIM I{ I i+l MI Express® ❑ moult Signature ❑ Registered fJfsil�^+ ❑ Adult Signature Restricted DG[ivery ❑ReJs tared Mail Restricted n Garth ed Mails Delivery 9590 9402 6324 0296 4526 89 ❑ cerfifted Mil Restricted Delivery ❑ Slgnatt" Con im,atrwmw Lt Collect an Del Nary ❑ SignatureOonf+rntatlon irnre, 6[ .. rx r 1rranefar (inn cnniir a iij 17 Collect on nel!very Resiriet€d Delivery Restricted Delivery 7021 2970 0000 5'406 16 9 Anil liastrfotod DeUvey PS Farm 3811, July 2020 PSN 7530-02-000.9053 Domestic Return Receipt hti 1 J nJ in Deem t:° °G Ik`a CBrUlle0 Mall Fee Extra Sarvices & Fees (check , add faa ❑Return Reralpt(rnty) 0 ❑ Ret= Retelpt {glstrprl J $ Q ❑ Certified Malt Ra!nft ad D611vsry $ C S_ ❑Ad Lot 8lgnmure Nolen l 6Cilvery $ _ Postage II .5 iL rU ToWlPoatageandIF Semi Tn TRI-STATE CIENERAT[ON AND TRANSMISSION ASSOC ISOC WEST 116x"1 AVENUE qty WESTMINSTER, CO 80234 0197 li 22 2022 4 9 O b x � 9W r i•0. 1 i`. j4` ru -o Er ri C C C O E' i lu ,ter C 1R C N L� z ❑ z Q x C_7 W 40 z rU) D W LA W H < C w 4- F- " 1' a a Z. ai Iu°.TO r41 tl i C 0 LI e _jru IK ul-I IC 1) HOt luZZ IY 2 M rN .1 IY IN �� rn E 19 N 10 ID k r -u -u In Ill Er Na I rr r1 Q N 4ertifled Mail $ �yCC Co 11 Extra Sulw a Fees tcnecw box, atldf*a4p."to ,v] ❑ Rehm Fecelpt(Iardcnpy] 4 ,•! ` ❑ Retam Fo[elpt (aleck4a1 S • PQ ! ❑Certified MausIl FAOeiiver ¢ 1 ❑Adult Eai93natura Required $ f� r5 JMalt6lgnatur8 ikestrieted DIvory S Postage $# g. uLv Total Fcstage srd f i k $ °r NUNM TELFF ZONE COMPANY SYr 285 LOGAN AVE-------------- ---- - ------- NUNN, Co X064& -------------- • . 1 4 . 1 . - rt ri n a r � N H y r ie i1 N r Xr h M x v -A m a I. II U 0 RJ ru } d O U z Ino Q a a w IIc o 4 z9 z z G � IMF Z USPS Tracking® Track Another Package + Tracking Number: 70182290000194913646 FAQS > Remove >< Your item was delivered to an individual at the address at 1;44 pm on February 26, 2022 in BOULDER, CO 80301. USPS Tracking Plus Available V Delivered, Left with Individual February 26, 2022 at 1:44 pm BOULDER, CO 80301 Get Updates V Text & Email Updates m rR LI ci a ci r —A O Tracking History r` &ou1dQI'r C.0 O3 f Csrtlfi9d Mail Foe �-7 7t 0197 $ 11 Fag ExI Services & (70" l ftwkfwx, eddlaau� ryp�pto} 7 Rahrm Feestpk Lh9�d'xAY7 $ 7>Jry • CO ,� ❑ R*t" Feudpt Cu4abwdl 5 F-0 . 3 117 �r Q Cal lkmd Mall Rethcted ❑ellvary S $Q .00- 0 KB 7]Adidt Srgnlatureaqulrad 5� F ❑Adult 5lgnsturn Resv{gt❑eilx ed ery $ ' st8308LEge and Fas• 8 asy /22/20TotS S �} SantTrzo.YO GROUP FlO1 UlN[gS INC 9teet ATTN ROBERT WI[,L[AMS ""_....-'-...---.-'--"" ISO 291' STREET s 7-a BOULDER, CO 80341 ........................... February 26, 2022, 1:44 pm Delivered, Left with Individual BOULDER, CO 80301 Your item was delivered to an individual at the address at 1:44 pm on February 26, 2022 in BOULDER. CO 80301. February 25, 2022 In Transit to Next Facility (blue earth SOLUTIONS February 22, 2022 Arvid R. Deportee 14503 County Road 108 Nunn, Colorado 80648-9603 Parcel Number: 20127002001 Dear Landowner/Easement Holder: In conformance with the rules and regulations established by the Mined Land Reclamation Board, the attached notice is being sent to you in order to inform you of the Connell Resources, Inc. application for the Carr Pit East. The proposed project would create rangeland at or near Section 22, Township 11 North, Range 67 West of the 6th Prime Meridian, Weld County, Colorado. The general location of this project is approximately 0.5 miles north of the community of Carr, Colorado. Should you wish to obtain additional information regarding the project, you may contact any of the individuals indicated in the notice or Bill Schenderlein at (970) 227-2803. Written responses must be forwarded to the Division of Reclamation, Mining, and Safety; 1001 East 62" Avenue, Room 215, Denver, Colorado 80203, (303) 866-3567, by 4:00 p.m. on April 4, 2022. Sincerely, Blue Earth Solutions, LLC William Schenderlein Project Manager Enclosure Blue Earth Solutions, LLC • P.O. Box 2427 Fort Collins, CO 80522 • (970) 227-2803 (blue earth SOLUTIONS February 22, 2022 Nunn Telephone Company 285 Logan Avenue Nunn, Colorado 80648 Parcel Number: Buried Communication Lines Dear Landowner/Easement Holder: In conformance with the rules and regulations established by the Mined Land Reclamation Board, the attached notice is being sent to you in order to inform you of the Connell Resources, Inc. application for the Carr Pit East. The proposed project would create rangeland at or near Section 22, Township 11 North, Range 67 West of the 6th Prime Meridian, Weld County, Colorado. The general location of this project is approximately 0.5 miles north of the community of Carr, Colorado. Should you wish to obtain additional information regarding the project, you may contact any of the individuals indicated in the notice or Bill Schenderlein at (970) 227-2803. Written responses must be forwarded to the Division of Reclamation, Mining, and Safety; 1001 East 62" Avenue, Room 215, Denver, Colorado 80203, (303) 866-3567, by 4:00 p.m. on April 4, 2022. Sincerely, Blue Earth Solutions, LLC William Schenderlein Project Manager Enclosure Blue Earth Solutions, LLC • P.O. Box 2427 Fort Collins, CO 80522 • (970) 227-2803 (blue earth SOLUTIONS February 22, 2022 Poudre Valley REA 7649 REA Parkway Fort Collins, Colorado 80528 Parcel Number: Overhead Utility Lines Dear Landowner/Easement Holder: In conformance with the rules and rE Board, the attached notice is being Resources, Inc. application for the Carr or near Section 22, Township 11 North, Colorado. The general location of community of Carr, Colorado. :gulations established by the Mined Land Reclamation sent to you in order to inform you of the Connell Pit East. The proposed project would create rangeland at Range 67 West of the 6th Prime Meridian, Weld County, this project is approximately 0.5 miles north of the Should you wish to obtain additional information regarding the project, you may contact any of the individuals indicated in the notice or Bill Schenderlein at (970) 227-2803. Written responses must be forwarded to the Division of Reclamation, Mining, and Safety; 1001 East 62nd Avenue, Room 215, Denver, Colorado 80203, (303) 866-3567, by 4:00 p.m. on April 4, 2022. Sincerely, Blue Earth Solutions, LLC William Schenderlein Project Manager Enclosure Blue Earth Solutions, LLC • P.O. Box 2427 Fort Collins, CO 80522 • (970) 227-2803 (blue earth SOLUTIONS February 22, 2022 Sprint/T-Mobile Telecommunications Co. 114 West 10th Street Cheyenne, Wyoming 82001 Parcel Number: Fiber Optic Line Dear Landowner/Easement Holder: In conformance with the rules and regulations established by the Mined Land Reclamation Board, the attached notice is being sent to you in order to inform you of the Connell Resources, Inc. application for the Carr Pit East. The proposed project would create rangeland at or near Section 22, Township 11 North, Range 67 West of the 6th Prime Meridian, Weld County, Colorado. The general location of this project is approximately 0.5 miles north of the community of Carr, Colorado. Should you wish to obtain additional information regarding the project, you may contact any of the individuals indicated in the notice or Bill Schenderlein at (970) 227-2803. Written responses must be forwarded to the Division of Reclamation, Mining, and Safety; 1001 East 62" Avenue, Room 215, Denver, Colorado 80203, (303) 866-3567, by 4:00 p.m. on April 4, 2022. Sincerely, Blue Earth Solutions, LLC William Schenderlein Project Manager Enclosure Blue Earth Solutions, LLC • P.O. Box 2427 Fort Collins, CO 80522 • (970) 227-2803 (blue earth SOLUTIONS February 22, 2022 State of Colorado 1127 N. Sherman Street, Suite 300 Greeley, Colorado 80203-2398 Parcel Number: 20122000004 Dear Landowner/Easement Holder: In conformance with the rules and regulations established by the Mined Land Reclamation Board, the attached notice is being sent to you in order to inform you of the Connell Resources, Inc. application for the Carr Pit East. The proposed project would create rangeland at or near Section 22, Township 11 North, Range 67 West of the 6th Prime Meridian, Weld County, Colorado. The general location of this project is approximately 0.5 miles north of the community of Carr, Colorado. Should you wish to obtain additional information regarding the project, you may contact any of the individuals indicated in the notice or Bill Schenderlein at (970) 227-2803. Written responses must be forwarded to the Division of Reclamation, Mining, and Safety; 1001 East 62nr Avenue, Room 215, Denver, Colorado 80203, (303) 866-3567, by 4:00 p.m. on April 4, 2022. Sincerely, Blue Earth Solutions, LLC William Schenderlein Project Manager Enclosure Blue Earth Solutions, LLC • P.O. Box 2427 Fort Collins, CO 80522 • (970) 227-2803 (blue earth SOLUTIONS February 22, 2022 Terry Grazing Association P.O. Box 3170 Cheyenne, Wyoming 82003-3170 Parcel Number: 020122000003, 020121000002 Dear Landowner/Easement Holder: In conformance with the rules and regulations established by the Mined Land Reclamation Board, the attached notice is being sent to you in order to inform you of the Connell Resources, Inc. application for the Carr Pit East. The proposed project would create rangeland at or near Section 22, Township 11 North, Range 67 West of the 6th Prime Meridian, Weld County, Colorado. The general location of this project is approximately 0.5 miles north of the community of Carr, Colorado. Should you wish to obtain additional information regarding the project, you may contact any of the individuals indicated in the notice or Bill Schenderlein at (970) 227-2803. Written responses must be forwarded to the Division of Reclamation, Mining, and Safety; 1001 East 62" Avenue, Room 215, Denver, Colorado 80203, (303) 866-3567, by 4:00 p.m. on April 4, 2022. Sincerely, Blue Earth Solutions, LLC William Schenderlein Project Manager Enclosure Blue Earth Solutions, LLC • P.O. Box 2427 Fort Collins, CO 80522 • (970) 227-2803 (blue earth SOLUTIONS February 22, 2022 Larry E. Thomas (LE) 7900 County Road 120 Carr, Colorado 80612-9621 Parcel Number: 20128100008 Dear Landowner/Easement Holder: In conformance with the rules and regulations established by the Mined Land Reclamation Board, the attached notice is being sent to you in order to inform you of the Connell Resources, Inc. application for the Carr Pit East. The proposed project would create rangeland at or near Section 22, Township 11 North, Range 67 West of the 6th Prime Meridian, Weld County, Colorado. The general location of this project is approximately 0.5 miles north of the community of Carr, Colorado. Should you wish to obtain additional information regarding the project, you may contact any of the individuals indicated in the notice or Bill Schenderlein at (970) 227-2803. Written responses must be forwarded to the Division of Reclamation, Mining, and Safety; 1001 East 62" Avenue, Room 215, Denver, Colorado 80203, (303) 866-3567, by 4:00 p.m. on April 4, 2022. Sincerely, Blue Earth Solutions, LLC William Schenderlein Project Manager Enclosure Blue Earth Solutions, LLC • P.O. Box 2427 Fort Collins, CO 80522 • (970) 227-2803 (blue earth SOLUTIONS February 22, 2022 Tri-State Generation and Transmission Association 1100 West 116th Avenue Westminster, Colorado 80234 Parcel Number: Power Lines and Easement Dear Landowner/Easement Holder: In conformance with the rules and regulations established by the Mined Land Reclamation Board, the attached notice is being sent to you in order to inform you of the Connell Resources, Inc. application for the Carr Pit East. The proposed project would create rangeland at or near Section 22, Township 11 North, Range 67 West of the 6th Prime Meridian, Weld County, Colorado. The general location of this project is approximately 0.5 miles north of the community of Carr, Colorado. Should you wish to obtain additional information regarding the project, you may contact any of the individuals indicated in the notice or Bill Schenderlein at (970) 227-2803. Written responses must be forwarded to the Division of Reclamation, Mining, and Safety; 1001 East 62" Avenue, Room 215, Denver, Colorado 80203, (303) 866-3567, by 4:00 p.m. on April 4, 2022. Sincerely, Blue Earth Solutions, LLC William Schenderlein Project Manager Enclosure Blue Earth Solutions, LLC • P.O. Box 2427 Fort Collins, CO 80522 • (970) 227-2803 (blue earth SOLUTIONS February 22, 2022 Union Pacific Railroad Company 1800 Westland Road Cheyenne, Wyoming 82001 Parcel Number: Railroad Tracks and Right -of -Way Dear Landowner/Easement Holder: In conformance with the rules and regulations established by the Mined Land Reclamation Board, the attached notice is being sent to you in order to inform you of the Connell Resources, Inc. application for the Carr Pit East. The proposed project would create rangeland at or near Section 22, Township 11 North, Range 67 West of the 6th Prime Meridian, Weld County, Colorado. The general location of this project is approximately 0.5 miles north of the community of Carr, Colorado. Should you wish to obtain additional information regarding the project, you may contact any of the individuals indicated in the notice or Bill Schenderlein at (970) 227-2803. Written responses must be forwarded to the Division of Reclamation, Mining, and Safety; 1001 East 62" Avenue, Room 215, Denver, Colorado 80203, (303) 866-3567, by 4:00 p.m. on April 4, 2022. Sincerely, Blue Earth Solutions, LLC William Schenderlein Project Manager Enclosure Blue Earth Solutions, LLC • P.O. Box 2427 Fort Collins, CO 80522 • (970) 227-2803 (blue earth SOLUTIONS February 22, 2022 Weld County Public Works P.O. Box 758 Greeley, Colorado 80632 Parcel Number: County Roads and Right -of -Ways Dear Landowner/Easement Holder: In conformance with the rules and regulations established by the Mined Land Reclamation Board, the attached notice is being sent to you in order to inform you of the Connell Resources, Inc. application for the Carr Pit East. The proposed project would create rangeland at or near Section 22, Township 11 North, Range 67 West of the 6th Prime Meridian, Weld County, Colorado. The general location of this project is approximately 0.5 miles north of the community of Carr, Colorado. Should you wish to obtain additional information regarding the project, you may contact any of the individuals indicated in the notice or Bill Schenderlein at (970) 227-2803. Written responses must be forwarded to the Division of Reclamation, Mining, and Safety; 1001 East 62" Avenue, Room 215, Denver, Colorado 80203, (303) 866-3567, by 4:00 p.m. on April 4, 2022. Sincerely, Blue Earth Solutions, LLC William Schenderlein Project Manager Enclosure Blue Earth Solutions, LLC • P.O. Box 2427 Fort Collins, CO 80522 • (970) 227-2803 (blue earth SOLUTIONS February 22, 2022 Zayo Group Holdings Inc. Attn: Robert Williams 1805 29th Street Boulder, Colorado 80301 Parcel Number: Fiber Optic Line Dear Landowner/Easement Holder: In conformance with the rules and rE Board, the attached notice is being Resources, Inc. application for the Carr or near Section 22, Township 11 North, Colorado. The general location of community of Carr, Colorado. :gulations established by the Mined Land Reclamation sent to you in order to inform you of the Connell Pit East. The proposed project would create rangeland at Range 67 West of the 6th Prime Meridian, Weld County, this project is approximately 0.5 miles north of the Should you wish to obtain additional information regarding the project, you may contact any of the individuals indicated in the notice or Bill Schenderlein at (970) 227-2803. Written responses must be forwarded to the Division of Reclamation, Mining, and Safety; 1001 East 62"' Avenue, Room 215, Denver, Colorado 80203, (303) 866-3567, by 4:00 p.m. on April 4, 2022. Sincerely, Blue Earth Solutions, LLC William Schenderlein Project Manager Enclosure Blue Earth Solutions, LLC • P.O. Box 2427 Fort Collins, CO 80522 • (970) 227-2803 Proof of Publication :lccnunt t1: 97O 2272803 1 ORT'COLLINS Cow.uo gexr 51A1 I: ()1:' c)I.()IRAI)() COUNTY (JF I.ARJMI:It AFlrlf):1VIT ( P1 I13i, l(.ti I J()I BLUE EARTH SOLUTIONS, LLC PO BOX 2427 FORT COLLINS CO 80522 Ad# 0005140441 P O Connell Resources Inc. This is not an invoice # of Affidavits I Invoikc Text P1IRLIt' NOTICE Connell Resorrt:es Inc. 7785 I Iighland Meadow5 P 1, being duly sworn_ deputies and says /hat said is the Iugal clerk of the Fort Collins Coloradnan: that the same is a Jaih new p�1ptr of 2em:r�Fl circulalioa and printed and pul)Iished in the City of Fort Collins. in said county and slater that ihnotice t}r advertisement. ofwhich the unnc ed is a tru cop'. has been published in suit) daily nruspnper and that the notice was published in the regular Y anti erFtire issue ofcaetry number Of said nc vspaper during the period and dine of publication ufsaid rnticc. and iii the neww Npiiper proper and ntn in a titytplement thereof: Iltnt the publication nf'said ❑uticc' titian cunluincd in the issues oCsuid newspaper dale on 02P2I122, 02/28/22, 03107/22, 03111!22 t1ia1 said Fort Collins Culuradntni has bccii published continuously and uninterruptedly during the Period of at least six months ucxl prior to the first publication of said nolicc or advcrtistsment above referred to: that said newspaper has hcen adntitled l4 the United gales mails as second-class matter under the provisions if the Act ul` March 3. 1874. or any amendments lhcrcoJ; ad that said newspaper is a daii4 ie spaper duly yualiljed for publishing legal notices and advcliiselnents w>rilhin the meaning of the laws nl'the State of Culoradcl. Subscribed and sworn to before me. ww ialurl the ('ounty of Brown. Stale of Wisconsin this 14th or March 2022. KATHLEEN ALLEN Notary Public State of W'IsConsirl SulaYti F'uh&r l tiUir•.rr} Ewpirrs Legal No.0005i-Io4fl wffulaciF pnpured Nhpadm- Altach H. 2t�" 4 211 nrn # of Af idavits PUSLiC NOTICE Cornell Resources Inc, 7765 Highrond Meadows Parkway, Fort Cal I In&, Calorodo 80520 (970) 223.3151 The (XIVe named operator has flied on opplrcotren for a Regular )112) Con- struction Materials Operailon Reclomo- tian Permit with the Calarudo Mined Lind Reclnniotion Board under provi- sions of the C0i orodo coed l2PCh7lina for Act for the Extroction ❑t Construction Mciteriuks. The proposed mine is known as the Cnrr Pit East, and is leerned pt pr near 5-patipn R2, TvwrshiP 11 North, ftonye 67 Wesl, ul Pie 61h Prime Meridi- an, The prapo3ed date of commence- ment is 20'23, and the proposed date 4t cumpfetion is 2(333, The proposed future use ut the land is rangeland. Additional inlormo ien and lenkrtive decision date may be obtained from the fiyision of Recicrneliun. Mvn- lag, and Surety. 1001 East 62nd Avenue, Room 215. Denver. Colorado 90216, i3031 1366-7567, on the website thttps.ldrm.cap o rodo-eov/inform ai rbnlp erm ittrng-acfl on s -currently -under -review), or by •moil at: drms_rnfo'slpte,:p.us, AlternalelY. Additional information con be found at the Weld County Clerk is the Baord's 0J' fiee; 1151 0 Slreef, Greeley, Colorado, 80632, [27x1 496-7x60, or the above — named oppllcant. Comments must he submitted in writjrg via the eleclronie iarrri ol: hltps:7ldnrlas rticne,stafe.aauslFann14RM5 Comm ent vnd must he received by the ❑ivi. sion of Reclamafior, Minins, and Safely by 4:0 P.m. on April 4, 2422. Pletrse rw!e that under the orovrsians at C.R.S. 34 -325 -Tap et sear Commenis re- lated to noise, truck traffic, hours of ap- erobian, visual irnvocts, eflects on prop- erty values and other sorrel or ecpnpmrc concerns are its{.es rrar sut}jett in this Office's ;urrsdrethan. These subjects, and 5imfur ones, are lyplcaplY addressed by Your local goverrunents, rpfher than Me Division or freciornplian. Mining, and 5alety Or the Mined Lund ReciamaYiorp Board. 6005140401 Colorndoar Feb 2l, 28, Mor 7 & 14 2022 Photographs »F. j~ 1'. Jr `f ` �v 'JHii, )- A:. .v t•^�bF '.. r. M I ac 1 Y ' S✓6�- nI[ �.. .. lea+ �. _ A n' e ♦ __ !Y. y,r F..f '�: LL. Ii♦ ci F vd 4 �. iaAY YV V!�1 f � I�n y T: F: '� [fix :: ♦ Y en... r • Y -.'; :a: ry 1. �L. < a.. .yl: '4V \ :a! .a• � /.i1 : t S ! .I J _ I /x J it r v1 vi N! ' o 1 r_w• J 4 .a'..I _ ._ • •t..- - n _•s :' ."P" LL f - r � ` _ - : S fSSMypOy�y�:'' ;.. YI4 I -: ! i klhN ". .. f r � ... r. L i _ !P ( J�j� 4 11� arv4 � S` JaL �4�r�li I�1Y<l .� ': {� �1 r ..4b1 ail :a.i1�T..-.�__e.-[ Revised A lication Exhibits - Exhibit B, Vicinity Map - Exhibit C-5, Pre-Mining/Mining Plan Map 5000 0 5000 10000 15000 Feet (IN FEET) 1 inch = 5000 ft. SHEET 1001 m SITE ACCESS TO CARR PIT (M-2014-001) INTERSTATE 1-25 REGULAR 112 PERMIT CARR PIT EAST WCR 126 WCR 21 VICINITY MAP ITS HIGHWAY 85 1 blue earthIaO.Ucn217 P.O. Baw 2427 5 O 1 U t 1 0 n S Fen COIin CoIoratlo Bo! FEBRUARY 2022 WELD COUNTY EXHIBIT B II I , y I 1 i w 1 1 I y I I I •vim i I I PCMTSOUNDRRV 7 r.r M R ' { Jj SO'MImMWN 3E"r9A4L '•' \ I�YF IRCttivOLTAGE PoA1ER iQwfP (ITP � 1 pVFHHLFOFH510CARLE 11YP1 WIRFSIATE 4iMQiFL119N AND IHANSMIBSICN7 1 WPRI) SUTE METNG EBAIIE ' '. I T '.W FPMI)]M $}IhPILE I". I � ` • 1 { 4 .M1 CONNELLCARRPIr 1 - t1l1 [M�2o94•Q01JI IfNMiSE1MNING fW.IIM RII9Y'FiaPIIRDETbSIO(.FPREWI9P.F APFFN]YIM4TELY iPi.t LCRES +c / SRE FTIIRhA10E I EP'YAOE GR4YEL RCAO ` \ ' TMRPLIGITFcJ $TVllq ATS POWFRi 116 FARFMFMT I a7� ■{L, l 1 :[ l!kK mDPOSED PERMR 11 1414 Y +FG EaEfi4 TR•x5P15 APwh.t*E1 In al _ . TRISIATE lI$. fl tscl t1YLNy \ I 1 Y iRAx¢IISSL4PASOwTI?R . 1 1 _ •I _ s - TUPSDL SiDfiFJLF 11'FP,I Jl '$ SFr YIIJAIW q[T88GK - • • _ �-k APPHOF�fATE MNNG IJERIB 1 • 1 ' I.; ; � i•1 1 � 5 ! I � — �, (� �oo-RAILRo,IowrNrar-wnr ' -- " I LGN-- J _ F' ' ! ^ APPJ1611Nivf CiTRL1E I n yy -ti ti ..` 5 Q VPI0NPACREC xG �/v�4i Np,PT • lS.I�� EIREEOREEK fLONETREB r-. \ - ` 4'.. tIl } Imp ti ti A APAIDAWA1E 10P OFBMEI . b LOHE TREE rnEFlc � ti t ♦ ti ' �4.I Y - N _ - OYERNEPD HIGH YCl i1AE POWERTiYhER rTYAj i Q.Y .I i Q �. ti 7 I I (IRI tiiATE aFNERAf1D1aAHD 11UHSMI59dR J• r 1- ` II B+A51 3e f 1 5� � ^' ' J � UMIMPRCYED ROiO � I L `'1 X11 MI0RM Y�Ixi.ali Prd.ocrAiarlTl }.� {T€ABT GNArIxG+SsoeuiFpPl 5 {1 Lam`\�` YFKSEVMIRN61REAISOUTHI OVERHPAO HIILTTY lN- Vl API'iLG)OWELYTI12fI&CAES IPdIORE /ILLEY REAY \ ti 1 k •� � 1 -� 'y 51 t � Y OVERRVRPFEI STOCJER_E fTYF7 - :t._,J:;., ifX3UILS1047FLEiIiP.i - IwFx[ulwn-x s'1t1rnPLP� E yl�� \ �5 \ _—__ _ dKR1EAPi1TIUM1'L1hrt5 ! I\ - a't -''�� Cb.1- �. -_U1 -' +tlEt-_•� - Jp._ r -r rte = Esc.=—!----��--r-== — = y- -iii_ i- - S- - >_ _ _ l3 I ' 1lPPRO011MhlE MINING LIMItS (}FNI[Y G".11H ASY.iCMiIdH{ V [ � Y PROP69[DFYRNltR6lA4Rh11Y - A 1J ERTELERIONEJBIRFNEHOPTICLI E If ' -Z r - ., L ' MHl TELEIHID E GDMPAHYIV if r - - A if , fr �� <> i f f rf rr r I �! C CARR, " { I4 WELD FCUNTv, COLORADO I L 1 a iI a r ,. 1 L _wELOCOUNTYROAb 6 = ---- --- - ='--- ---.-. .Y_------ -- - r ---- Ld CO&JMYPUBLICWORKB} - - -- -- �- --- II 'I II II ti* � _ O 0 19D AI A, Am No I PIFEr I) I IQ1'moTEST LEGEh.D.' fl'mar 99WTDA1IY IIIIIIIIIN R i m LW!S Or MINION — ----- ETISINO ROAD - Ek 51EIG 5 'wr WIIFWR 4fl . a E]MS1ND 1WI eptT01AF — — — ^LIDO PSr51WIe ETRIJL'N!Et f i h1ININc nIRCtID, NOTES I Illr FRCPOSE❑rE PJMT ROIYIOLR'lflACONP&s€ APFROMLIELY 1lM1MRE3 WITH ONLY AO1J Pin hVRESCtAdtEPfILY RAINED r4 MNEHi. HOWEVER, TFE hFFECTE4 LAND BOIjRPrvflt GSSENTNLLYFOLLDRS IIEPEIHIR H tUAIl TflLOWFUR FFr1 M1 ON ALJTM IFSJLND FUT RC PDTCHI I MINNG DPFAh11ONS ] NICAS NOT 0I5IVL®ED OW MNNG MAY DE HIST{jRREU RI ACOES5JOsW SIOCKPLES, z EV.IE:RNI PRO[E5$HG. OR gaCMFILLNC MP DINER RECLAMATIEIJ RELATED C1MnEs THE Pt WIwPFGAHEA WIIL CONssr OF 5E T9AC%S AHD ROAD Axp uIRITT HIV HIAF•WAYS. 5FtfA=Flll MTHE L�JF Pit 10POF 5LOPE IC THE PROP05EC PERMIT BOUNARYOF MAN MADE STRIIC11JRES NOT OYRJER RY TIRAPPI_EJMTIYY_L REM FEET i OAEaIEH + IEi1vI FSHA+I flSCL It SERCM+I OFPp5Ils PFSArIG.Inp SP IJP 10 FFTRUXIM12ATU.Y IV Ft I BELOW7HE DROVERSURFACE. S I LINLM'AIFH IS HOT EXP'CCTiC TOW ENCOUNTEREDDUF2I MWNG R PVFTNI MNNG AU^CWNI TOOK 11 E OREI'. WING UNITSWILE PE A MINIULS OP p ji FEFi FAPR TII#LPPF TREE YFEEN l'1RAvrAf>f 1F OF WIRMN IbA LOW FI]R.^-aiEM1 Sy BERMS LND OP'FR RMP. Tf Rr DIJSRMJCTED BET1Ym! TIE MINE PIT. hALB RC&OA. `I ILIn MIlrw llk TINMYIYR aun Tf IIQLIYaea TW(Y 1P1YRCIAIIPY1N11 fl G au tAKNN311L11Iti1HHR1]n MLVNFLLY0.RRMLTDFMi NICTHE OIEnc Gw IiEI M'DM1ESLH:I[FIFYY-tLAHIIE _ o r 1MDh1WNLOPGNVIO T'a ON Till WEH TIIN ORNCN-LMflJET. L —O SiDLA)d 1LIPPth E A1EHMLAF%rTHcaLLY5aLALlt'1Y rP OF*P LOANS FROM LEMs IINN UNE !CPI IC AIR TOUR FEEI DEEP �•t X47' A HAF{I ETAALERT RUNW.tERMSPALI. HL 1HS RAPOED RTta THE ADLFCENICG$NEIL C)4 OARR PTT IM-2014-AW ijN NAOL TRUCCN %S ANWVR OYFPROC YORSfok ES0 Y+9N 9 I OPSCIL AFC DWLPli11REEN 3iA[MPB£5 YIE.LBE CSJFW)URF D TD HAYI 910E-SLCE9 NO STLLPEA TMNJ t! 'V NINE St OCF W U 4aPAGTIYE rQR MORE TJWI WIE GROWINGSLASp4[VH 1SJ UJLYSI THEY WAl SFFDE❑WRII THE F11ST{3HOWNG [1idti<LF U IYIIIRE IN L Tfl -DEWM' IF$ t{Y,MP{E AF I1T1r1$NcT I) U 11 N+ACC ROVOIICrNlO WLL EE tNPlFAIXE➢i0 WR M1PIP nND WhIER GROIIOf! GRASS SPECIES RUE LThSF 33(ACK l INTERMDATEWNF?TGRA55 6.7 ci SLVEGRAMA to Z 1RmCALE 1.25 — RArES ARE FOR EROAOCAST SEED7N6 (F) ID- REStNW1F3ES€NTPRLCTICESiRHA{MILLREIIYEET)Ii1RC18PHAR1EF H IJ RNL/1 STOWATE h?E} Sm AD Inn ONR} JAC NT PROPS RTES JUJD VMTFRWA! . [/] V W OC 0 o' U44 3� Q Sa'I.I4LERR&IRDCN ~3,2 N+NRII� c1 WALL LJ_ W T am FUSICRI& < A - Eeown Q _pF _ Il_5' 0 I R GATE A `iI. Z a EACH GEN MINING FLWR O TYPICAL MINING SECTION AT PERMiTBOUNDARY /y LL 501' jQVFJ�,JgPE11 NETiiEDA TE AT {J a 6r-1fl' i I� �7 .n z �WChVAIM ]mT W W RQn�po r Rmll - a OFEfIC CIlMJNE t x • } TYPICAL MINING SECTION LLJ Z BORDERING LONE TREE GREEK z SQLfUhR9JlODEEII Ilnn 2 V II AGGPEGAtE = 4.i.! BY[gBYRDE4 i a. L. J- s•I,& 1aIlY EYCJYA IED PIT— uT84Yn_ 1. H WNW. (IRME LC8 n' MI TD RRIYH d- SC IF ry E 7RH DRIEEIG f]iN81& Sheel: TYPICAL MINING SECTION G �� BORDERING LONE TREE CREEK J Access Road Design Plans Lone Tree Creek Crossing (Carr Pit M-2014-001) PERMIT BOUNDARY N2° 5765 N II 1 1i � - NORTH O 0 800 1600 6S + ! Tf 'U N NTTP °NMINING AREA I PROPOSED LONE PHASE II E. TREE CREEK CROSSING J �� 5 w LEGEND: I c7 \ ■ ■ PERMIT BOUNDARY �5 - - - - - EXISTING ROAD N I - -4870- EXISTING 5 FOOT CONTOUR ' APPROXIMATE CENTERLINE -4700 EXISTING 25 FOOT CONTOUR LONE TREE CREEK MINING AREA PHASE I -5 k NOTES: 1. The proposed permit area Aerated in N I I NSection 21, Township 11 North, Range 67 West fl of the Sixth Principal Meridian, Weld County, State of Colorado, 3 w ` 2. The proposed permit boundary is consistent �, S with the property parcel boundaries on the west, south, and east sides. These parcel cP °' - I boundaries are also defined by the section N N a �� S�"'�� i lines for Section 21 (2115, R67W). 3. The site is bound by Weld County Road 17 to 0 a 0 WELD COUNTY ROAD 126 ~+� o the west and Weld County Road 126 to the in \\ S �6 south -The northern permit boundary is - - \ '+ defined by the extent of the aggregate r N m-4- - ' reserve, but generally bisects the northern - `n, (4� ♦ �w half of Section 21- WELD COUNTY ROAD 1E sNS'so s o - \p •1 1 J'T ti OP A SITE ENTRANCE I I �� S SHEET 1 ONE CONNELL CARR PIT WELD COUNTY, COLORADO EXHIBIT 1 SITE MAP ue eart SOLUTIONS DATE: February 2017 SCALE: (A- - 800' PERMIT BOUNDARY J V + W W + ~ ~ k- `� V W ✓ 4 t___ y a W __ . ,� LEGEND: r I, Y S. W W 0 -t, _ y !Y W W L M Y W �� Ski I* .. _ * a Y�: a .. - MINING AREA PERMIT BOUNDARY + PHASEII W + + + ti EXISTING ROAD PROPOSED LONE, O O' y �. a TREE CREEKCROSSING+y + I+ r w + v W + + r a a ✓ a + - -- f a' _ _ SOILS LEGEND WI V Y Y W Y Y Y Y Y Y + V Y Y Y '! �} V W AW w A. - Y W -v C W W {/V a W ,� u W`f w w W r * o- w w 4 1 Altvcr fine sandy loam, 0 to 6 + W V V �,` LY percent slopes + -Fi a v # + v a r a Y V a V - f r w f r w W W v w w W * w + w ° rA 4 Ascalon fine sandy loam, D to r W W r W W r W v w Y w w4 r + W Y w x i •' ` I fi percent slopes • k W v r w w L r W v w v * w a w v 9 w w C) 1 _ c. MW LI .,, J. Y �../ MINING AREA �'-C} o: 4Cascaio gravelly sandy loam, 5 # 0 O 20 to 20 percent slopes w r Y w Y Y w* y PHASEI w &OU OTC W w w u y w y i x • [�'y1 /� 1J'}] (J�l [}1'� 1_/ Cry LJ ° >vf 1_f /C/'C Heverson loam, 0 to 3 percent s * J a L L .� a . w 4 y {/--�] {• 291 slopes I. w u ✓ w w w v w w V v u ti v .v O ^--" y r•� a ✓ 9 a a w a n w a v w v Y (JY r w * w r a 9 Y -i w t r w • O t 47 Otero scndy locm, 3 to 9 W •v r r r v + *+ • + + r. it l percent slopes • �} 6 V J — J L Y W • V 4 6 ` I. r LL * v * i r W - * Peetz gravelly sandy loam, 5 to 0 Q D 51 w w 20 percent slopes a - a ✓ { ♦ i 4 h I- • ` W * 54 Platner loam, 0 to 3 percent WELD COUNTY ROAD 17 * w * *slopes # + + + W . i+ - o NOTES: J + + SITE ENTRANCE + + WELD COUNTY ROAD 126 1. Traditional organic topsoil on most of the site is thin or e%i + + _ non—existent. SHEET 2 0F6 CONNELL CARR PIT WELD COUNTY, COLORADO * 2. Majority of the soils in the proposed permit area Altvan and Ascalon fine sandy looms and Peetz gravely sandy loom. 3, Mobile soil particles, such as silt and clay, have eroded from higher topographic positions and re —deposited in lower areas, therefore, swcle areas may have finer textured soils than ridgetops. EXHIBIT 2 SOILS MAP ue eart SOLUTIONS DATE: February 2017 SCALE: 1 " - 800' LFerc4acV'7 aUJO -� • 4 � JURISDICTIONALA� WETLAND LIMITS SP -2 SP -1 TO �~- 5770 NE vvvv vv _ vv s - TO NN NN LK PROPOSED A\\\\\ \V \ AsA�V\ \ PROPOSED JURISDICTIONAL LONE TREE \ \ \ *\ \ �sueA WETLAND IMPACT AREA(0.11 ACRES) CREEK CROSSINGS �o CENTERLINE �A \<� ��Vw��w�� SP -5; T \VvLT��NSP-6• N 1 \ -V� -*A L-- NLSP-4 \ VA<NNNON �� -_10 Lo .OLL SHEET 3 OF 6 NN 1 \ ArUCEEOF WATER - T TIME OF SURVEY) CONNELL CARR PIT WELD COUNTY, COLORADO I \ NNO NORTH 0 60 120 4876 4835 LEGEND WETLAND LIMITS EDGE OF WATER ONE FOOT CONTOUF 5 FOOT CONTOUR DECIDUOUS TREE WETLAND SOIL SAMPLE PIT 1. CHANNEL OF LONE TREE CREEK LIES APPROXIMATELY 15 TO 20 FEET BELOW THE SURROUNDING UPLAND ELEVATION. NW 2. DRAINAGE WIDTH APPROXIMATELY 100 FEET. 3. DRAINAGE BOTTOM AND SIDE SLOPES DOMINATED BY WETLAND HYDROSERES, INCLUDING SHALLOW OPEN WATER, AQUATIC VEGETATION, EMERGENT N VEGETATION, MESIC WETLANDS, FACULTATIVE WETLANDS, AND RIPARIAN WOODY PLANTS AND TREES NATIVE TO RIPARIAN AREAS OF THE SHORTGRASS PRAIRIE OF COLORADO. 4. NO KNOWN GAGING STATIONS ON LONE TREE CREEK OR OTHER AVAILABLE FLOW DATA. I mmIIno]101 LONE TREE CREEK CROSSING PROPOSED WETLAND IMPACT MAP ue eart SOLUTIONS DATE: February 2017 SCALE: 1" = 60' (AT TIME OF STEVE' �h \\\)E \\ _PLACE WETLAND - \ \ SAFETY �pU NO \ SOD ON TOE OF FILL VAA \ FARRIER \ V A V0777 A \ : • ,. , .0"7 RIPRAP N \ s\ N0NV L5S�ss NNF75 \� 0• \\5755 SHEET 4 OF 6 22' //;- ENERGY HDISIPATOR NY DOWNSTREAM EAMBANKMENT L \\ \\ \ \\ NT AAA PLANT SALVAGED � T 'RIPARIAN VEGETATION' _� N --LTTOEOFFILL \\ ` 2 - \�ONNHN4 x\ JURSIDIU I IOIMUO AA \ sVAA H� WETLAND VAA�V_��:\fir r . LIMITS \\N \ VA VNAVA��AVA\�� OLNN \ 7' 'O VA\O AA\ V A \ V�VAA�V \ A VA VAAAVA \ \VAA �\ \\ \\\\\\\ T CONNELL CORP PIT WELD COUNTY, COLORADO 0 40 80 LEGEND WETLAND LIMITS EDGE OE WATER 4876 ONE FOOT CONTOUF 4000 5 FOOT CONTOUR DECIDUOUS TREE NOTES THE PROJECT TEMPORARILY IMPACTS 0.11 ACRES (4,588 SQ.FT.) OF LONE TREE CREEK JURISDICTIONAL WETLANDS. DELINEATE ANTICIPATED CONSTRUCTION DISTURBANCE AREA WITH CONSTRUCTION FENCING BARRIER PRIOR TO CONSTRUCTION. ROAD SHALL BE 24 FEET WIDE AND SURFACED WITH A COMPACTABLE ROAD BASE MATERIAL. TOT -N EMBANKMENT SIDE SLOPES SHALL BE 2H:1V OR FLATTER. '5. CULVERT SLOPE SHALL BE NEARLY FLAT (0.2 - 0.4 PERCENT SLOPE). )v 6. AN ENERGY DISSIPATOR SHALL BE INSTALLED AT THE CULVERT OUTLET. 7. ALL DISTURBED AREAS TO BE STABILIZED AND REVEGETATED AS SOON AS IS \ PRACTICAL FOLLOWING CONSTRUCTION. EXHIBIT 4 LONE TREE CREEK CROSSING PROPOSED CROSSING PLAN VIEW ue eart SOLUTIONS DATE: February 2017 SLYLY 1" = 40' NOTES 1. ROAD CROSSING SHALL BE CONSTRUCTED WITH NORTH STRUCTURAL FILL MATERIAL COMPOSED OE GRAVEL, 0 40 80 SAND, AND FINES FROM THE MINING SITE. HORIZ. 2, ACCESS ROAD FILL MATERIAL SHALL BE PLACED IN LIFTS AND COMPACTED TO PREVENT SEEPAGE THROUGH THE MATERIAL. 0 13 26 3. CONCRETE BOX CULVERT WITH INTERNAL VENT. DIMENSIONS OF NOT LESS THAN 3.5 FEET HIGH AND 12 FEET WIDE (INNER DIMENSIONS) SHALL BE SCALE IN FEET INSTALLED IN THE LOCATION AND DIRECTION OF, AND AT THE INVERT ELEVATION OF, THE PRE-EXISTING CREEK CHANNEL. 5765 5765 EXISTING 5760 GROUND 5760 _____ _____ _____ _____ _____ _____ _____ _____ - <: .., .. .. .......... .. .. 5755 5755 PROPOSED TOR OF 14'x6' CULVERT 1 .LhppApp 5750 CONCRETE EL=5742.83° 5750 CULVERT (x2) 5745 5745 BEGIN ROAD '//////t /'////A//O</'±K/t//A7,/A// YR'//'7 - TRANSITION 5740 _ 5740 EL=5747.86' END ROAD TRANSITION 5735 EL -5747 42' 5735 sTRucruRAL FILL BOTTOM OF EXCAVATE TO 5730 CULVERT 1 COMPETENT MATERIAL 5730 EL=5738.00' 9+50 10+00 11+00 12+00 12+50 SHEET 5 EXHIBIT 5 OF 6 CONNELL CARR PIT LONE TREE CREEK CROSSING eort PROPOSED CROSSING SECTION VIEW SOLUTIONS DATE: February 2017 WELD COUNTY, COLORADO JURISDICTIONAL WETLAND LIMITS �~- 5770 REGRADE UPLAND N JKtiT V SLOPE AND PLANT . WITH SALVAGED F \\\\ *oC RIPARIAN VEGETATION NNN CREATE CHANNEL SLOPE 7 MN V A��\ AND MOPHOLOGY , �'AAA l t� \ 1NN � K•V As \ VAAAAVAAA\ REPLACE WETLAND N \\ �V �N �� SOILS IN DRAINAGE �� BOTTOM AND COVER K� / WITH SALVAGED b � \ N N7 NoN� F WETLAND SOD DISTURBED AREA V � \� \ FOOTPRINT / N • 3. N • / if 6p REGRADE UPLAND SLOPE AND PLANT WITH SALVAGED RIPARIAN VEGETATION SHEET 6 OF 6 N N7 NNN EDGE OF WATER __ (AT TIME OF SURVEY) DATE: February 2017 I WELD COUNTY, COLORADO MN NNNMM NNLNKTNo NV J ! \\\ eA1.uii• Si NORTH 0 60 120 - -4876 4835 LEGEND WETLAND LIMITS EDGE OF WATER ONE FOOT CONTOUF S FOOT CONTOUR DECIDUOUS TREE AS SOON AS OPERATIONS ALLOW, THE CREEK CROSSING SHALL BE REMOVED AN THE DISTURBED AREA RECLAIMED. RECLAMATION SHALL REMOVE ALL FILL MATERIAL IN THE DISTURBED JURISDICTIONAL WETLAND AND WATERS OF THE U.S. WETLAND SOILS WILL BE REPLACED WITHIN ALL DISTURBED WETLAND AREAS TO ORIGINAL ELEVATIONS AND THE PRE-EXISTING CREEK CHANNEL SHALL BE RE-CREATED TO PROVIDE A SIMILAR CHANNEL SIZE, GEOMETRY, AND SLOPE• SALVAGED WETLAND GRASS SOD SHALL BE PREFERENTIALLY USED TO STABILIZE CREEK CHANNEL EMBANKMENTS RECLAMATION ACTIVITIES SHALL BE PERFORMED DURING LATE FALL TO MINIMIZE POTENTIAL OF HIGH CREEK FLOWS DURING MATERIAL HANDLING AND LONE TREE CREEK CROSSING RECLAMATION PLAN VIEW ue eart SOLUTIONS SCALE: 1" = 0O Revised Exhibit L -Reclamation Costs Active Mining Area A Al Dozer active mine face to 3H:1 V slopes 5,556 CY 50.50 52,778 [1,000' x 0.5(10' x 30')] CO Rough grade mine pre -stripped area 1,855 CY 50.50 S928 (2.3 zeros0.5') _z_0.5') CO Dozer two un-reclaimed pit side slopes 5,556 CY 50.50 $2,778 to 3H:I V [(2 x 500) x 0.5(10' x 30')] Rough grade dozed slopes and active mining pit A3 9 277 CY 50.50 24,609 ' floor to drain (11.5 acres x 0.5') A4 Place growth medium on all Aspect A areas 11,132 CY 51.05 211,489 ' (13.8 acres x 0.5') A5 Final grade all Aspect A areas 11,142 ' CY 50.50 55,566 13.8 acres x 0.5') Partially Reclaimed Mining Area Rough grade 2,000 linear feet of previously B B1 dozed/backfilled side slopes and pit floor graded 10,083 CY 50.50 $5,042 to drain (12.5 acres z_0.5') B2 Place growth medium on all Aspect B areas 19,084 CY $1.05 210,482 ' (12.5 acres x 0.5') rB3 Final grade all Aspect B areas 10,083 CY 50.50 55,M2 12.5 acres x 0.5' ' Final Reclamation Previously seeded areas in Phase I not included C1 in Aspects A, B, and C 74.4 Ac $675 no C [ 102.7-(13.8+12.5+2)] acres Re -seed 20% of all areas in Phase I not included CO 14.9 Ac $675 510,044 in As cts A, B, and C Miscellaneous Disturbed Areas Access road to Connell Carr Pit (M-2014-001), D Al internal haul roads, and other areas disturbed by na mining activities D2 Scarify all Aspect C areas 2 Ac 5500.00 $1,000 Place growth medium on all Aspect C areas D3 1,613 CY 51.05 $1,694 (2 acres x 0.5) rD4 Final grade all Aspect C areas 1,415 CY 50.50 $807 (2 acres x 0.5' Final Reclamation E1 Seed all areas in Aspects A, B, and C 20C Ac $675 $19,103 (13.8+12.5+2) acres E E2 Re -seed 20% of all areas in Aspects A, B, and C 5.7 Ac $675 $3,821 Total Reclamation Costs S85,514 Contractor Mobilization/Demobilization Costs (8%) 0.08 $6,841 Overhead (18.5%) 0.185 515,820 Administration (5%) 0.05 84,275 Disturbed Acreage 43.2 Financial Warrenty per Acre 52,603 Proof of Structure Agreement Offers to Surface Owners and Easement Holders within 200 Feet of Affected Land N I'- m r1 Lr rR C I❑ 0' Ill ru rl rr Gree1r 9, CD 8 )632 Certified Mail Fes .7r 11197 $ 1i Extra Servben &Sc �ar,addraa pppr pprJ � S Co ❑ Ralum ReoeFpt (hardrepy] 9 ' ❑ Ratum Racaytt (electronic} 3 C� Poet O ❑ 0ei1h1 U MsW Rsatr9ctad Delivery 119x6 r7 ` C]Adult Sbvhr RvgLftd S .� 'yr� L �+ EJMIASWOUreRea lvk amltuary c y L4 Postage total Wastage end F '/15/ S S®rtt To WILD COUNTY PLBLIC WORKS POSOX 758 •--------r----------------------- s r�eY GREFLEY, CO 80632 ................................. IL m r Certlifad Mall Fee s 75 Excra Services & FSS (chackbox sod tee Y U rJ rR ❑ Return RYvetpl 11rarNcaloth ¢ Y U , �J p ❑RatontSa o"lelactronrcl S I! M ❑ CerLM d Mull Reatrlcted Q*vsry 3 — D U Adga Signature Pequlrad $ E] Adu t &gna ure Reeumad F5dkoy $ _ Postage ru 17,] Telal Postage anti Fggp 1 6 51 X25. r� Sents--. r-� UN[ON PACIFIC RAILROAD Miw1300 WESTLAND ROAD CHEYENNE. WY 82041 a7e: 1'- O in , Auxins CD 130648 sCertified Met Fee 0197 Iris 11 Ira. Services & ors (eherkbo,� adorra4 �q _.. r-i ❑ r wr n9celpt traudgopy} $ O ilace1 ❑ Return MI I o ❑CYrlVikd Mall ReatfidWd DaYvery 4o ❑aatt$Igrtrnua teqs-ed S &r � ❑Adult 9fgrmiure iiechiaed I7e@eiary 3 Postage $1.36 ) ) IL 7tital Postage andF 0 f r- Sent Tv NUNN TELEPHONE COIbIPANy 13 S7raets 285 LOGAN AVE tD ��a75 o�f C� NUNN CO SO4 L 11n1t. S EE .............. m l c' Gerd=Vea Lr- $ EnnSeMcefl Feesl 1-9 ❑ RBttM0 RYoet7t vmrdcaPY1 $ O L Return Recalpt (eketrbrrlo] 0 DC edMall nmtrMplatl Pdl4very S ❑ Ad�Ir eigualuro Required s [] Adult 61t#ngture Pe*lcted DYIIvery $ Po t ga f1J 'Total ostege end F L13,w $ rR 6ant7d ZAYO GROUP FlOLD]NGS INC 1� SirejEAnc ATTN: ROBERT WILLiAMS 1805 29ni STREET {- fa BOULDER, CO 30301 ru LPI lti m a De.nvar r CU 0fl4 CettiFind Mall Fee Y. Extra Servki& & 96y•..Y�lC,i BCIt (goy Sdd fad g¢p Faf rR ❑ RuWrrt Reoalpt QLvn^y $ 1�` �� . _�y��.yy i7 ❑ Fstrar Record A n {*dtorAc] $ $ fl o ❑ CertiSed Mall Reatflcted L SSYmy 8.—~$D,- i] ❑ AMWt Slgngtvre Rewilrod $ ❑ Aduk Slgnartus RrRrtricted Daev.ry t7' PasFnga ru $0.78 FU total Past99e and Fee Sent Tn r� TRI-STATE CiIENERATION AND O TRANSMISSION ASSOC 1' 1800 WEST ] I6Tr AVENUE WESTMINSTER, CO 60234 r 4 m rI C eYtilod Mail Fee lT' $ ra erYces & Feas ()t&Lbni air QFri 0C&p �QQpY) S p © Return Ro-calpt (alactronro) Q QCarHticd Matt RestrlctS deivay ci []MWr Slgreiure Rsaldglod Dalhrery 6 Q Poetsgo nor CL] T4ta1 Ponta s an . Cs r1 SST° TERRYGRAZ1NOASSOCIAT]ON SSse� srn PO D OX 3170 CHEYENNE. WY $zOt7}-3174 --------- ,...............� 15 I) 0197 11 ,-�co 1� Y r t11 m +> rr } 7r,a ad Mall Fee $3.75 t-1tucn Fecelpt (i1M PY1 S 0 ❑ Cettltl�d Man ne9irEded DeHaN S Tr1 ❑ Adrrll SEyfwnre Recwhd 6 _ © Mutt 2lgn turva Raatrfcted DallveiY S _ Postage} I71L [u ToWR stage and 7 v $nnt Tn THOMAS LARRY E(LE) Cl rem 7460 COuNTv ROAD 120 CARA, Ca 8461? -9621 X 0 M rq PEunn r C17 8Q648 IIf,;ertif NiaIIPea $373 !a- $ rA Services (eheG4imkedel(ae rI ❑ FekRm Receipt @twUuw $ C ❑ Relutn Reaelpt (4xanldtl I~ C ❑ CeA111ad Mall Reetrleted Delivery S___ C] 0 Adult Slanshtre Regv[N R - fl PAret BlnrratnrS Ftast+tMI 6eIMety S Poatsge ft] 1bta1 Postage and F cp . tit t- Sen17v DEPORTER, ARVID R rQt t450:1COUNTY ROAD 108 NU]NN, CO 80648-4603 0197 xS-11 5 2fl)_ .t97 r L '3�519fls~�s S�[ a Ccatsfi d Mal Fee $37 ra es eeS (crrevk haft a& ❑ Relum Ftedwpt (handwpy) $ 0 EJ s rn Re 9HO (alehot) S t� CICerwied Melt Feelrlotad D.IP my S D ❑Aduh slenatum c&,irad 8 LJAJttS1grmttn R&iWtodDaltvefy $ Q Pcatege Fu rU Totel Petwjeartd g�q 3 \$gnt 7n rl SPRIN a-MDBiLE f+ I ELECOMMUNICATIONS CO 114 WEST 16Ut STREET �h CHEYENNE, WY &2001 9 2" o7 M .---------------- i.i Far' Coi.1 H $ ► CO 8052$ cetttrtecI Melt 3. 5 $ saris 0197 l P�mark L XETan to noes ar& pyj hmr, edd Me ❑Return FLerslpl �P1r1 S_!" ❑ Return Flaoelpt [elecFrvnFcl t _ I! . O! 1 ❑QBIYI,eC Mali Hestrfctas DaGiwsy S.. DPdL4t&grntefePagtdred $ I CA" Slgnal,tte Reslriated Defveryy 4 Pcatsge Tht1 Paatage end F f: • GEM Tn POUI)RE VALLEY REA Sfrs 7649 REA PARKWAY ..-------•---------- -------------- FORT COLLINS, CO 80528 City t Cblue earth SOLUTIONS Letter of Transmittal DATE: June 13, 2022 TO: Arvid R. Reporter 14503 County Road 108 Nunn, Colorado 80648-9603 FROM: Bill Schenderlein Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 (970)227-2803 WE TRANSMIT: ■ Attached Information Below Remarks: THE FOLLOWING: ■ Originals Copy of Letter Applications Specifications Other FOR YOUR: Use Approval Information ■ Review & Comment First, we apologize for needing to send another certified mailing letter and any inconvenience it may cause you. Connell Resources, Inc. is in the process of obtaining a Colorado Division of Reclamation, Mining and Safety (DBMS) permit for the mining of aggregate materials in Weld County (see Vicinity Map). The mining will include excavation to maximum depths of about 15 feet below the ground surface and reclamation will involve grading and revegetation to create stable slopes for rangeland. As part of the permitting, DBMS requires Connell Resources to offer an agreement to owners of man-made structures within 200 feet of the proposed mining activities. Connell Resources has identified permanent man-made structures owned by you within or adjacent to the project (see Pre-Mining/Mining Plan Map). To protect your interests in the structures, Connell Resources is offering an agreement that provides you compensation for structure damage. An initial agreement is attached. Mine planning has established appropriate setbacks from mining excavations to adjacent structures, including those owned by you, and Connell Resources does not anticipate any structure damages. However, to ensure your interests are protected, we request that you please consider the enclosed Structure Agreement. If you or your representative could please sign and return the agreement to us, Connell Resources, Inc. will in -turn sign the agreement and we will return a copy of the completed agreement to you for your records. Please call me at (970) 227-2803 with any questions or to schedule a meeting for agreement revisions. Signed: r Blue Earth Solutions, LLC n P.O. Box 2427 Fort Collins, CO 80522 n (970) 227-2803 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 owners) 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 A Hard RocklMetal Mining Rule 6.3.12 and Rule 6.4.20) The Colorado Mined Land Reclamation Board ("Beard') has determined that this form, f properly executed, represents en agreement that complies with Construction Materials Rule 6.3.12(x), Rule 6.4.19(x), and C.R.S § 34-32.5A15(4)(e) and with Lard Roctr/Metal Mining Rule 63.12(x), Rule 6.4.2P(a), and C R_S- § 34-32-f 1b(4)(d). This form is far the .Solo purpose of ensuring Compliance with the Rules and Regulations and shall not make the Board or Division a necessary party to arty 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: l _ Fencing, poles and gates 2. Unimproved road 3. 4_ 5. (Please list additional structures on a separate page) CERTIFICATION The Applicant, by John M. Connell Resources, Inc. Warren (print applicant/company name), (print representative's name), as President (print representative's title), does hereby certify that Arvid Reporter (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Carr Pit East File Number M-2022- 005 _ (operation name), Thisform has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority ander the Colorado Land Reclamation Act for the Extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Afetcrt, and Designated Mining Operations. Any alteration or modification to this feral shall result in voiding this form_ NOTARY FOR PERMIT APPLICANT ACKNOWLEGEI] BY: Applicant Connell Resources, Inc. Date STATE OF ) ss. COUNTY OF ) Representative Signature Title President The foregoing was acknowledged before me this day of _ as of My Commission Expires: Notary Public 20 , by NOTARY FOR STRUCTURE OWNER ACKNOWLEGED BY: Structure Owner Arvid ❑eporter Date STATE OF ss COUNTY OF Signature Title Tile foregoing was acknowledged before me this day of as of My Commission Expires: Notary Public 20 ,by by Cblue earth SOLUTIONS Letter of Transmittal DATE: June 13, 2022 TO: Nunn Telephone Company 285 Logan Avenue Nunn, CO 80648 FROM: Bill Schenderlein Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 (970) 227-2803 WE TRANSMIT: E Attached ❑ Information Below Remarks: THE FOLLOWING: ■ Originals Copy of Letter Applications Specifications Other FOR YOUR: o Use ❑ Approval ❑ Information Review & Comment First, we apologize for needing to send another certified mailing letter and any inconvenience it may cause you. Connell Resources, Inc. is in the process of obtaining a Colorado Division of Reclamation, Mining and Safety (DBMS) permit for the mining of aggregate materials in Weld County (see Vicinity Map). The mining will include excavation to maximum depths of about 15 feet below the ground surface and reclamation will involve grading and revegetation to create stable slopes for rangeland. As part of the permitting, DBMS requires Connell man-made structures within 200 feet of the propc identified permanent man-made structures owned by the project (see Pre-Mining/Mining Plan Map). Cu Resources is offering an agreement that provides structure damage. An initial agreement is attached. Resources to offer an agreement to owners of ised mining activities. Connell Resources has Nunn Telephone Company within or adjacent to protect your interests in the structures, Connell Nunn Telephone Company compensation for Mine planning has established appropriate setbacks from mining excavations to adjacent structures, including those owned by Nunn Telephone Company, and Connell Resources does not anticipate any structure damages. However, to ensure your interests are protected, we request that you please consider the enclosed Structure Agreement. If a representative of your organization will please sign and return the agreement to us, Connell Resources, Inc. will in -turn sign the agreement and we will return a copy of the completed agreement to you for your records. Please call me at (970) 227-2803 with any questions or to schedule a meeting for agreement revisions. Signed: r f Blue Earth Solutions, LLC n P.O. Box 2427 Fort Collins, CO 80522 n (970) 227-2803 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 owners) 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 A Hard RocklMetal Mining Rule 6.3.12 and Rule 6.4.20) The Colorado Mined Land Reclamation Board ("Beard') has determined that this form, f properly executed, represents en agreement that complies with Construction Materials Rule 6.3.12(x), Rule 6.4.19(x), and C.R.S § 34-32.5A15(4)(e) and with Lard Roctr/Metal Mining Rule 63.12(x), Rule 6.4.20(x), and C R_S- § 34-32-f 1b(4)(d). This form is far the .Solo 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: Communication Lines and associated infrastructure 2, 3, 4. 5. (Please list additional structures on a separate page) CERTIFICATION The Applicant, by John M. Connell Resources, Inc. Warren (print applicant/company name), (print representative's name), as President (print representative's title), does hereby certify that Nunn Telephone Company (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Carr Pit East File Number M-2022- 005 _ (operation name), This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority ander the Colorado Land Reclamation Act for the Extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Afetcrt, and Designated Mining Operations. Any alteration or modification to this feral shall result in voiding this form_ NOTARY FOR PERMIT APPLICANT ACKNOWLEGEI] BY: Applicant Connell Resources, Inc. Date STATE OF ) ss. COUNTY OF ) Representative Signature Title President The foregoing was acknowledged before me this day of _ as of My Commission Expires: Notary Public 20 , by NOTARY FOR STRUCTURE OWNER ACKNOWLEGED BY: Structure Owner Nunn Telephone Company Date STATE OF ss COUNTY OF Signature Title Tile foregoing was acknowledged before me this day of as of My Commission Expires: Notary Public 20 ,by Cblue earth SOLUTIONS Letter of Transmittal DATE: June 13, 2022 TO: Poudre Valley REA Attn: Matt Organ 7649 REA Parkway Fort Collins, CO 80528 FROM: Bill Schenderlein Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 (970) 227-2803 WE TRANSMIT: Attached ❑ Information Below Remarks: THE FOLLOWING: ■ Originals Copy of Letter Applications Specifications Other FOR YOUR: Use Approval Information ■ Review & Comment First, we apologize for needing to send another certified mailing letter and any inconvenience it may cause you. Connell Resources, Inc. is in the process of obtaining a Colorado Division of Reclamation, Mining and Safety (DBMS) permit for the mining of aggregate materials in Weld County (see Vicinity Map). The mining will include excavation to maximum depths of about 15 feet below the ground surface and reclamation will involve grading and revegetation to create stable slopes for rangeland. As part of the permitting, DRMS requires Connell Resources to offer an agreement to owners of man-made structures within 200 feet of the proposed mining activities. Connell Resources has identified permanent man-made structures owned by Poudre Valley REA within or adjacent to the project (see Pre-Mining/Mining Plan Map). To protect your interests in the structures, Connell Resources is offering an agreement that provides Poudre Valley REA compensation for structure damage. An initial agreement is attached. Mine planning has established appropriate setbacks from mining excavations to adjacent structures, including those owned by Poudre Valley REA, and Connell Resources does not anticipate any structure damages. However, to ensure your interests are protected, we request that you please consider the enclosed Structure Agreement. If a representative of your organization will please sign and return the agreement to us, Connell Resources, Inc. will in -turn sign the agreement and we will return a copy of the completed agreement to you for your records. Please call me at (970) 227-2803 with any questions or to schedule a meeting for agreement revisiot}s. A 4 4 Me n SO Blue Earth Solutions, LLC • P.O. Box 2427 Fort Collins, CO 80522 • (970) 227-2803 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 owners) 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 A Hard RocklMetal Mining Rule 6.3.12 and Rule 6.4.20) The Colorado Mined Land Reclamation Board ("Beard') has determined that this form, f properly executed, represents an agreement that complies with Construction Materials Rule 6.3.12(x), Rule 6.4.19(x), and C.R.S § 34-32.5A15(4)(e) and with Lard Roctr/Metal Mining Rule 63.12(x), Rule 6.4.20(x), and C R_S- § 34-32-f 1b(4)(d). This form is far the .Bola 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 Overhead Power Lines. Poles. and associated infrastructure 2, 3, 4. 5 (Please list additional structures on a separate page) CERTIFICATION The Applicant, by John M. Connell Resources, Inc. Warren (print applicant/company name), (print representative's name), as President (print representative's title), does hereby certify that Poudre Valley REA (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Carr Pit East File Number M-2022- 005 _ (operation name), Thisform has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority ander the Colorado Land Reclamation Act for the Extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Afetcrt, and Designated Mining Operations. Any alteration or modification to this feral shall result in voiding this form_ NOTARY FOR PERMIT APPLICANT ACKNOWLEGEI] BY: Applicant Connell Resources, Inc. Date STATE OF ) ss. COUNTY OF ) Representative Signature Title President The foregoing was acknowledged before me this day of _ as of My Commission Expires: Notary Public 20 , by NOTARY FOR STRUCTURE OWNER ACKNOWLEGED BY: Structure Owner Poudre Valley REA Date STATE OF ss COUNTY OF Signature Title Tile foregoing was acknowledged before me this day of as of My Commission Expires: Notary Public 20 ,by Cblue earth SOLUTIONS Letter of Transmittal DATE: June 13, 2022 TO: SprintfT-Mobile Telecommunications Co. 114 West 10th Street Cheyenne, Wyoming 82001 FROM: Bill Schenderlein Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 (970)227-2803 WE TRANSMIT: E Attached ❑ Information Below Remarks: THE FOLLOWING: ■ Originals Copy of Letter Applications Specifications Other FOR YOUR: o Use ❑ Approval ❑ Information Review & Comment First, we apologize for needing to send another certified mailing letter and any inconvenience it may cause you. Connell Resources, Inc. is in the process of obtaining a Colorado Division of Reclamation, Mining and Safety (DBMS) permit for the mining of aggregate materials in Weld County (see Vicinity Map). The mining will include excavation to maximum depths of about 15 feet below the ground surface and reclamation will involve grading and revegetation to create stable slopes for rangeland. As part of the permitting, DBMS requires Connell Resources to offer an agreement to owners of man-made structures within 200 feet of the proposed mining activities. Connell Resources has identified permanent man-made structures owned by Sprint/T-Mobile Telecommunications Company within or adjacent to the project (see Pre-Mining/Mining Plan Map). Co protect your interests in the structures, Connell Resources is offering an agreement that provides SprintWT-Mobile Telecommunications Company compensation for structure damage. Co initial agreement is attached. Mine planning has established appropriate setbacks from mining excavations to adjacent structures, including those owned by Sprint/T-Mobile Telecommunications Company, and Connell Resources does not anticipate any structure damages. However, to ensure your interests are protected, we request that you please consider the enclosed Structure Agreement. If a representative of your organization will please sign and return the agreement to us, Connell Resources, Inc. will in -turn sign the agreement and we will return a copy of the completed agreement to you for your records. Please call me at (970) 227-2803 with any questions or to schedule a meeting for agreement revisions. Signed: r f Blue Earth Solutions, LLC R P.O. Box 2427 R Fort Collins, CO 80522 R (970) 227-2803 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 owners) 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 A Hard RocklMetal Mining Rule 6.3.12 and Rule 6.4.20) The Colorado Mined Land Reclamation Board ("Beard') has determined that this form, f properly executed, represents en agreement that complies with Construction Materials Rule 6.3.12(x), Rule 6.4.19(x), and C.R.S § 34-32.5A15(4)(e) and with Lard Roctr/Metal Mining Rule 63.12(x), Rule 6.4.2P(a), and C R_S- § 34-32-f 1b(4)(d). This form is far the .Solo purpose of ensuring Compliance with the Rules and Regulations and shall not make the Board or Division a necessary party to arty private civil lawsuit to enforce the terms of the agreement or create any enforcement obligations in the Board or the Division. The fallowing structures are located on or within 200 feet of the proposed affected area: l Buried fiber rDtie line 2, 3, 4. 5. (Please list additional structures on a separate page) CERTIFICATION The Applicant, by John M. Connell Resources, Inc. Warren (print applicant/company name), (print representative's name), as President (print representative's title), does hereby certify that Sprinv r -Mobile Tele omnlunicati❑ns Co. (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Carr Pit East File Number M-2022- 005 _ (operation name), Thisform has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority ander the Colorado Land Reclamation Act for the Extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Afetcrt, and Designated Mining Operations. Any alteration or modification to this faun shall result in voiding this form_ NOTARY FOR PERMIT APPLICANT ACKNOWLEGEI] BY: Applicant Connell Resources, Inc. Date STATE OF ) ss. COUNTY OF ) Representative Signature Title President The foregoing was acknowledged before me this day of _ as of My Commission Expires: Notary Public 20 , by NOTARY FOR STRUCTURE OWNER ACKNOWLEGED BY: Structure Owner Date STATE OF COUNTY OF until -Mobile Telecommunications Co. Signature ss Title Tile foregoing was acknowledged before me this day of as of My Commission Expires: Notary Public 20 ,by by Cblue earth SOLUTIONS Letter of Transmittal DATE: June 13, 2022 TO: Terry Grazing Association P.O. Box 3170 Cheyenne, Wyoming 82003-3170 FROM: Bill Schenderlein Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 (970) 227-2803 WE TRANSMIT: ■ Attached ❑ Information Below Remarks: THE FOLLOWING: ■ Originals ❑ Copy of Letter Applications Specifications Other FOR YOUR: Use Approval Information ■ Review & Comment First, we apologize for needing to send another certified mailing letter and any inconvenience it may cause you. Connell Resources, Inc. is in the process of obtaining a Colorado Division of Reclamation, Mining and Safety (DBMS) permit for the mining of aggregate materials in Weld County (see Vicinity Map). The mining will include excavation to maximum depths of about 15 feet below the ground surface and reclamation will involve grading and revegetation to create stable slopes for rangeland. As part of the permitting, DBMS requires Connell Resources to offer an agreement to owners of man-made structures within 200 feet of the proposed mining activities. Connell Resources has identified permanent man-made structures owned by you within or adjacent to the project (see Pre-Mining/Mining Plan Map). To protect your interests in the structures, Connell Resources is offering an agreement that provides you compensation for structure damage. An initial agreement is attached. Mine planning has established appropriate setbacks from mining excavations to adjacent structures, including those owned by you, and Connell Resources does not anticipate any structure damages. However, to ensure your interests are protected, we request that you please consider the enclosed Structure Agreement. If you or your representative could please sign and return the agreement to us, Connell Resources, Inc. will in -turn sign the agreement and we will return a copy of the completed agreement to you for your records. Please call me at (970) 227-2803 with any questions or to schedule a meeting for agreement revisions. Signed: r f Blue Earth Solutions, LLC nP.O. Box 2427 Fort Collins, CO 80522 n (970) 227-2803 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 owners) 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 A Hard RocklMetal Mining Rule 6.3.12 and Rule 6.4.20) The Colorado Mined Land Reclamation Board ("Beard') has determined that this form, f properly executed, represents en agreement that complies with Construction Materials Rule 6.3.12(x), Rule 6.4.19(x), and C.R.S § 34-32.5A15(4)(e) and with Lard Roctr/Metal Mining Rule 63.12(x), Rule 6.4.2P(a), and C R_S- § 34-32-f 1b(4)(d). This form is far the .Solo purpose of ensuring Compliance with the Rules and Regulations and shall not make the Board or Division a necessary party to arty 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: l _ Fencing, poles and gates 2. Unimproved road 3. 4_ 5. (Please list additional structures on a separate page) CERTIFICATION The Applicant, by John M. Connell Resources, Inc. Warren (print applicant/company name), (print representative's name), as President (print representative's title), does hereby certify that Terry Graying Association (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Carr Pit East File Number M-2022- 005 _ (operation name), Thisform has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority ander the Colorado Land Reclamation Act for the Extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Afetcrt, and Designated Mining Operations. Any alteration or modification to this faun shall result in voiding this form_ NOTARY FOR PERMIT APPLICANT ACKNOWLEGEI] BY: Applicant Connell Resources, Inc. Date STATE OF ) ss. COUNTY OF ) Representative Signature Title President The foregoing was acknowledged before me this day of _ as of My Commission Expires: Notary Public 20 , by NOTARY FOR STRUCTURE OWNER ACKNOWLEGED BY: Structure Owner Terry Grazing Association Date STATE OF ss COUNTY OF Signature Title Tile foregoing was acknowledged before me this day of as of My Commission Expires: Notary Public 20 ,by by Cblue earth SOLUTIONS Letter of Transmittal DATE: June 13, 2022 TO: Larry E. Thomas (LE) 7900 County Road 120 Carr, Colorado 80612-9621 FROM: Bill Schenderlein Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 (970)227-2803 WE TRANSMIT: E Attached ❑ Information Below Remarks: THE FOLLOWING: ■ Originals Copy of Letter Applications Specifications Other FOR YOUR: oUse IJ Approval Information Review & Comment First, we apologize for needing to send another certified mailing letter and any inconvenience it may cause you. Connell Resources, Inc. is in the process of obtaining a Colorado Division of Reclamation, Mining and Safety (DBMS) permit for the mining of aggregate materials in Weld County (see Vicinity Map). The mining will include excavation to maximum depths of about 15 feet below the ground surface and reclamation will involve grading and erorystation to create stable slopes for rangeland. As part of the permitting, DRMS requires Connell Resources to offer an agreement to owners of man-made structures within 200 feet of the proposed mining activities. Connell Resources has identified permanent man-made structures owned by you within or adjacent to the project (see Pre-Mining/Mining Plan Map). To protect your interests in the structures, Connell Resources is offering an agreement that provides you compensation for structure damage. An initial agreement is attached. Mine planning has established appropriate setbacks from mining excavations to adjacent structures, including those owned by you, and Connell Resources does not anticipate any structure damages. However, to ensure your interests are protected, we request that you please consider the enclosed Structure Agreement. If you or your representative could please sign and return the agreement to us, Connell Resources, Inc. will in -turn sign the agreement and we will return a copy of the completed agreement to you for your records. Please call me at (970) 227-2803 with any questions or to schedule a meeting for agreement revisions. oiyuro/Lj222° Blue Earth Solutions, LLC n P.O. Box 2427 Fort Collins, CO 80522 n (970) 227-2803 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 owners) 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 A Hard RocklMetal Mining Rule 6.3.12 and Rule 6.4.20) The Colorado Mined Land Reclamation Board ("Beard') has determined that this form, f properly executed, represents en agreement that complies with Construction Materials Rule 6.3.12(x), Rule 6.4.19(x), and C.R.S § 34-32.5A15(4)(e) and with Lard Roctr/Metal Mining Rule 63.12(x), Rule 6.4.2P(a), and C R_S- § 34-32-f 1b(4)(d). This form is far the .Solo purpose of ensuring Compliance with the Rules and Regulations and shall not make the Board or Division a necessary party to arty 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 _ Fencing, poles and gates h. 3. 4_ 5. (Please list additional structures on a separate page) CERTIFICATION The Applicant, by John M. Connell Resources, Inc. Warren (print applicant/company name), (print representative's name), as President (print representative's title), does hereby certify that Larry Thomas (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Carr Pit East File Number M-2022- 005 _ (operation name), Thisform has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority ander the Colorado Land Reclamation Act for the Extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Afetcrt, and Designated Mining Operations. Any alteration or modification to this faun shall result in voiding this form_ NOTARY FOR PERMIT APPLICANT ACKNOWLEGEI] BY: Applicant Connell Resources, Inc. Date STATE OF ) ss. COUNTY OF ) Representative Signature Title President The foregoing was acknowledged before me this day of _ as of My Commission Expires: Notary Public 20 , by NOTARY FOR STRUCTURE OWNER ACKNOWLEGED BY: Structure Owner Larry Thomas Date STATE OF ss COUNTY OF Signature Title Tile foregoing was acknowledged before me this day of as of My Commission Expires: Notary Public 20 ,by Cblue earth SOLUTIONS Letter of Transmittal DATE: June 13, 2022 TO: Tri-State Generation and Transmission Association Attn: Land Department, Joel Ford 1100 West 116th Avenue Westminster, Colorado 80234 FROM: Bill Schenderlein Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 (970) 227-2803 WE TRANSMIT: Attached ❑ Information Below Remarks: THE FOLLOWING: ■ Originals ❑ Copy of Letter ❑ Applications ❑ Specifications ❑ Other FOR YOUR: Use Approval Information ■ Review & Comment First, we apologize for needing to send another certified mailing letter and any inconvenience it may cause you. Connell Resources, Inc. is in the process of obtaining a Colorado Division of Reclamation, Mining and Safety (DBMS) permit for the mining of aggregate materials in Weld County (see Vicinity Map). The mining will include excavation to maximum depths of about 15 feet below the ground surface and reclamation will involve grading and revegetation to create stable slopes for rangeland. As part of the permitting, DBMS requires Connell Resources to offer an agreement to owners of man-made structures within 200 feet of the proposed mining activities. Connell Resources has identified permanent man-made structures owned by Tri-State Generation and Transmission Assoc. within or adjacent to the project (see Pre-Mining/Mining Plan Map). Co protect your interests in the structures, Connell Resources is offering an agreement that provides Tri-State Generation and Transmission Assoc. compensation for structure damage. An initial agreement is attached. Mine planning has established appropriate setbacks from mining excavations to adjacent structures, including those owned by Tri-State Generation and Transmission Assoc., and Connell Resources does not anticipate any structure damages. However, to ensure your interests are protected, we request that you please consider the enclosed Structure Agreement. If a representative of your organization will please sign and return the agreement to us, Connell Resources, Inc. will in -turn sign the agreement and we will return a copy of the completed agreement to you for your records. Please call me at (970) 227-2803 with any questions or to schedule a meeting for agreement revis(oys. . 0 X Blue Earth Solutions, LLC • P.O. Box 2427 Fort Collins, CO 80522 • (970) 227-2803 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 owners) 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 A Hard RocklMetal Mining Rule 6.3.12 and Rule 6.4.20) The Colorado Mined Land Reclamation Board ("Beard') has determined that this form, f properly executed, represents an agreement that complies with Construction Materials Rule 6.3.12(x), Rule 6.4.19(x), and C.R.S § 34-32.5A15(4)(e) and with Lard Roctr/Metal Mining Rule 63.12(x), Rule 6.4.2P(a), and C R_S- § 34-32-f 1b(4)(d). This form is far 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 fallowing structures are located on or within 200 feet of the proposed affected area: l_ High Voltage Power Lines, Poles, and associated infrastructure 2. 3. 4_ 5. (Please list additional structures on a separate page) CERTIFICATION The Applicant, by John M. Connell Resources, Inc. Warren (print applicant/company name), (print representative's name), as President (print representative's title), does hereby certify that Sri -State Generation and Transmission Assoc. (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Carr Pit East File Number M-2022- 005 _ (operation name), Thisform has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority ander the Colorado Land Reclamation Act for the Extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Afetcrt, and Designated Mining Operations. Any alteration or modification to this faun shall result in voiding this form_ NOTARY FOR PERMIT APPLICANT ACKNOWLEGEI] BY: Applicant Connell Resources, Inc. Date STATE OF ) ss. COUNTY OF ) Representative Signature Title President The foregoing was acknowledged before me this day of _ as of My Commission Expires: Notary Public 20 , by NOTARY FOR STRUCTURE OWNER ACKNOWLEGED BY: Structure Owner Tri-State Generation ant Transmission Assoc. Signature Date STATE OF ss COUNTY OF Title Tile foregoing was acknowledged before me this day of as of My Commission Expires: Notary Public 20 ,by by Cblue earth SOLUTIONS Letter of Transmittal DATE: June 13, 2022 TO: Union Pacific Railroad Company 1800 Westland Road Cheyenne, Wyoming 82001 FROM: Bill Schenderlein Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 (970) 227-2803 WE TRANSMIT: E Attached ❑ Information Below Remarks: THE FOLLOWING: ■ Originals Copy of Letter Applications Specifications Other FOR YOUR: o Use ❑ Approval ❑ Information Review & Comment First, we apologize for needing to send another certified mailing letter and any inconvenience it may cause you. Connell Resources, Inc. is in the process of obtaining a Colorado Division of Reclamation, Mining and Safety (DBMS) permit for the mining of aggregate materials in Weld County (see Vicinity Map). The mining will include excavation to maximum depths of about 15 feet below the ground surface and reclamation will involve grading and revegetation to create stable slopes for rangeland. As part of the permitting, DRMS requires Connell Resources to offer an agreement to owners of man-made structures within 200 feet of the proposed mining activities. Connell Resources has identified permanent man-made structures owned by Union Pacific Railroad Company within or adjacent to the project (see Pre-Mining/Mining Plan Map). Co protect your interests in the structures, Connell Resources is offering en agreement that provides Union Pacific Railroad Company compensation for structure damage. An initial agreement is attached. Mine planning has established appropriate setbacks from mining excavations to adjacent structures, including those owned by Union Pacific Railroad Company, and Connell Resources does not anticipate any structure damages. However, to ensure your interests are protected, we request that you please consider the enclosed Structure Agreement. If a representative of your organization will please sign and return the agreement to us, Connell Resources, Inc. will in -turn sign the agreement and we will return a copy of the completed agreement to you for your records. Please call me at (970) 227-2803 with any questions or to schedule a meeting for agreement revisions. Signed: Blue Earth Solutions, LLC n P.O. Box 2427 Fort Collins, CO 80522 n (970) 227-2803 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 owners) 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 A Hard RocklMetal Mining Rule 6.3.12 and Rule 6.4.20) The Colorado Mined Land Reclamation Board ("Beard') has determined that this form, f properly executed, represents an agreement that complies with Construction Materials Rule 6.3.12(x), Rule 6.4.19(x), and C.R.S § 34-32.5A15(4)(e) and with Lard Roctr/Metal Mining Rule 63.12(x), Rule 6.4.2P(a), and C R_S- § 34-32-f 1b(4)(d). This form is far the .Solo 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 fallowing structures are located on or within 200 feet of the proposed affected area: l_ Railroad tracks and associated infrastructure 2. 3. 4_ 5. (Please list additional structures on a separate page) CERTIFICATION The Applicant, by John M. Connell Resources, Inc. Warren (print applicant/company name), (print representative's name), as President (print representative's title), does hereby certify that Union Pacific Railroad Company (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Carr Pit East File Number M-2022- 005 _ (operation name), Thisform has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority ander the Colorado Land Reclamation Act for the Extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Afetcrt, and Designated Mining Operations. Any alteration or modification to this faun shall result in voiding this form_ NOTARY FOR PERMIT APPLICANT ACKNOWLEGEI] BY: Applicant Connell Resources, Inc. Date STATE OF ) ss. COUNTY OF ) Representative Signature Title President The foregoing was acknowledged before me this day of _ as of My Commission Expires: Notary Public 20 , by NOTARY FOR STRUCTURE OWNER ACKNOWLEGED BY: Structure Owner Union Pacific Railroad Campani Date STATE OF ss COUNTY OF Signature Title Tile foregoing was acknowledged before me this day of as of My Commission Expires: Notary Public 20 ,by Cblue earth SOLUTIONS Letter of Transmittal DATE: June 13, 2022 TO: Weld County Public Works Attn: Tiffany Johnson 1111 H Street Greeley, CO 80632 FROM: Bill Schenderlein Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 (970) 227-2803 WE TRANSMIT: Attached ❑ Information Below Remarks: THE FOLLOWING: ■ Originals ❑ Copy of Letter ❑ Applications ❑ Specifications ❑ Other FOR YOUR: Use Approval Information ■ Review & Comment First, we apologize for needing to send another certified mailing letter and any inconvenience it may cause you. Connell Resources, Inc. is in the process of obtaining a Colorado Division of Reclamation, Mining and Safety (DBMS) permit for the mining of aggregate materials in Weld County (see Vicinity Map). The mining will include excavation to maximum depths of about 15 feet below the ground surface and reclamation will involve grading and revegetation to create stable slopes for rangeland. As part of the permitting, DBMS requires Connell Resources to offer an agreement to owners of man-made structures within 200 feet of the proposed mining activities. Connell Resources has identified permanent man-made structures owned by Weld County Public Works within or adjacent to the project (see Pre-Mining/Mining Plan Map). To protect your interests in the structures, Connell Resources is offering an agreement that provides Weld County Public Works compensation for structure damage. An initial agreement is attached. Mine planning has established appropriate setbacks from mining excavations to adjacent structures, including those owned by Weld County Public Works, and Connell Resources does not anticipate any structure damages. However, to ensure your interests are protected, we request that you please consider the enclosed Structure Agreement. If a representative of your organization will please sign and return the agreement to us, Connell Resources, Inc. will in -turn sign the agreement and we will return a copy of the completed agreement to you for your records. Please call me at (970) 227-2803 with any questions or to schedule a meeting for agreement revisions. N , 4 Mo nonllli Blue Earth Solutions, LLC n P.O. Box 2427 Fort Collins, CO 80522 n (970) 227-2803 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 owners) 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 A Hard RocklMetal Mining Rule 6.3.12 and Rule 6.4.20) The Colorado Mined Land Reclamation Board ("Beard') has determined that this form, f properly executed, represents an agreement that complies with Construction Materials Rule 6.3.12(x), Rule 6.4.19(x), and C.R.S § 34-32.5A15(4)(e) and with Lard Roctr/Metal Mining Rule 63.12(x), Rule 6.4.2P(a), and C R_S- § 34-32-f lb(4)(d). Phis form is far the .Solo purpose of ensuring Compliance with the Rules and Regulations and shall not make the Board or Division a necessary party to arty 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: l _ Weld County Road 126 and associated infrastructure 2. 3. 4_ 5. (Please list additional structures on a separate page) CERTIFICATION The Applicant, by John M. Connell Resources, Inc. Warren (print applicant/company name), (print representative's name), as President (print AI Ie C P bl' lllf k representative's title), does hereby certify that aunty u is Ors (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Carr Pit East File Number M-2022- 005 _ (operation name), Thisform has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority ander the Colorado Land Reclamation Act for the Extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Afetcrt, and Designated Mining Operations. Any alteration or modification to this forrri shall result in voiding this form_ NOTARY FOR PERMIT APPLICANT ACKNOWLEGEI] BY: Applicant Connell Resources, Inc. Date STATE OF ) ss. COUNTY OF ) Representative Signature Title President The foregoing was acknowledged before me this day of _ as of My Commission Expires: Notary Public 20 , by NOTARY FOR STRUCTURE OWNER ACKNOWLEGED BY: Structure Owner Weld County Public Works Signature Date STATE OF ss COUNTY OF Title Tile foregoing was acknowledged before me this day of as of My Commission Expires: Notary Public 20 ,by by blue earth SOLUTIONS Letter of Transmittal DATE: June 13, 2022 TO: Zayo Group Holdings Inc. Attn: Robert Williams 1805 29th Street Boulder, Colorado 80301 FROM: Bill Schenderlein Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 (970) 227-2803 WE TRANSMIT: Attached ❑ Information Below Remarks: THE FOLLOWING: ■ Originals ❑ Copy of Letter ❑ Applications ❑ Specifications ❑ Other FOR YOUR: Use Approval Information ■ Review & Comment First, we apologize for needing to send another certified mailing letter and any inconvenience it may cause you. Connell Resources, Inc. is in the process of obtaining a Colorado Division of Reclamation, Mining and Safety (DBMS) permit for the mining of aggregate materials in Weld County (see Vicinity Map). The mining will include excavation to maximum depths of about 15 feet below the ground surface and reclamation will involve grading and revegetation to create stable slopes for rangeland. As part of the permitting, DBMS requires Connell Resources to offer an agreement to owners of man-made structures within 200 feet of the proposed mining activities. Connell Resources has identified permanent man-made structures owned by Zayo Group Holdings Inc. within or adjacent to the project (see Pre-Mining/Mining Plan Map). To protect your interests in the structures, Connell Resources is offering an agreement that provides Zayo Group Holdings Inc. compensation for structure damage. An initial agreement is attached. Mine planning has established appropriate setbacks from mining excavations to adjacent structures, including those owned by Zayo Group Holdings Inc., and Connell Resources does not anticipate any structure damages. However, to ensure your interests are protected, we request that you please consider the enclosed Structure Agreement. If a representative of your organization will please sign and return the agreement to us, Connell Resources, Inc. will in -turn sign the agreement and we will return a copy of the completed agreement to you for your records. Please call me at (970) 227-2803 with any questions or to schedule a meeting for agreement revi ' s. Signed: r f Blue Earth Solutions, LLC n P.O. Box 2427 Fort Collins, CO 80522 n (970) 227-2803 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 owners) 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 A Hard RocklMetal Mining Rule 6.3.12 and Rule 6.4.20) The Colorado Mined Land Reclamation Board ("Beard') has determined that this form, f properly executed, represents en agreement that complies with Construction Materials Rule 6.3.12(x), Rule 6.4.19(x), and C.R.S § 34-32.5A15(4)(e) and with Lard Roctr/Metal Mining Rule 63.12(x), Rule 6.4.2P(a), and C R_S- § 34-32-f 1b(4)(d). This form is far the .Solo purpose of ensuring Compliance with the Rules and Regulations and shall not make the Board or Division a necessary party to arty 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: l _ Buried Fiber Optic Line 2. 3. 4_ 5. (Please list additional structures on a separate page) CERTIFICATION The Applicant, by John M. Connell Resources, Inc. Warren (print applicant/company name), (print representative's name), as President (print representative's title), does hereby certify that Zayo Group Holdings, Inc. (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Carr Pit East File Number M-2022- 005 _ (operation name), Thisform has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority ander the Colorado Land Reclamation Act for the Extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Afetcrt, and Designated Mining Operations. Any alteration or modification to this forrri shall result in voiding this form_ NOTARY FOR PERMIT APPLICANT ACKNOWLEGEI] BY: Applicant Connell Resources, Inc. Date STATE OF ) ss. COUNTY OF ) Representative Signature Title President The foregoing was acknowledged before me this day of _ as of My Commission Expires: Notary Public 20 , by NOTARY FOR STRUCTURE OWNER ACKNOWLEGED BY: Structure Owner Zayo Group Holdings, Inc. Signature Date STATE OF ss COUNTY OF Title Tile foregoing was acknowledged before me this day of as of My Commission Expires: Notary Public 20 ,by by a Q COLORADO Division of Reclamation. Mining and Safety Department of Natural Resources 1313 Sherman St. Room 215 Denver, CO 80203 RECEIVED FEB 252022 WELD COUNTY COMMISSIONERS NOTICE Consideration of 112c Construction Materials Reclamation Permit Application DATE: February 17, 2022 TO: Weld County Commissioners 915 10th St Greeley, CO 80631 RE: Carr Pit East, File No. M-2022-005 Please be advised that on February 17, 2022, Connell Resources, Inc., whose address and telephone number are 7785 Highland Meadows Parkway, Suite 100, Fort Collins, Co 80528; (970) 223-3151, filed an application to conduct a(n) Surface mining and reclamation operation, at or near Section 22, Township 11N, Range 67W, 06th Principle Meridian, in Weld County. Please be advised that the permit area may be located in more than one Section, Township, and Range. Affected lands will be reclaimed to support a(n) Rangeland post -mining land use. The application decision date is scheduled for May 18, 2022. A copy of the application is available for review at the Weld County Clerk & Recorder's office and at the office of the Division of Reclamation, Mining and Safety. The application, as well as all other permit documents, can also be viewed at https://dnrweblink.state.co.us/drms/search.aspx by searching M2022005 in the "Permit No" field. A user guide is available to help first time users of the imaged document system and can be viewed at https://drive.google.com/file/d/1180Udf Mpjo3kxlHkP5hMH-w7MeStxX7/view. To be considered in the review process, comments or objections on the application must be submitted in writing within twenty (20) days of the date of the last newspaper public notice. You should contact the applicant for the newspaper publication date. The Office will assume you have no comment or objection to the proposed activity if none are received by the end of the public comment period. If you need additional information or have any questions regarding the above -named application, please contact Connor J. Drinkard at the Division of Reclamation, Mining and Safety, 1313 Sherman Street, Room 215, Denver, CO 80203, by telephone at 303-866-3567 x 8137, or by email at Connor.drinkard@state.co.us. M -AP -05A 1313 Sherman St. Room 215 Denver, CO 80203 P (303) 866-3567 F (303) 832-8106 https://drms.colorado.gov/ Jared Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director Pub1;G Rev ;e_ ) cc•.Pt(i')?4(.3+IERKHfCb() 3/1H/22 3(1o/2Z Iy o� 2o22- oS2o blue earth SOLUTIONS Letter of Transmittal RECEIVED DATE: February 4, 2022 TO: Weld County Clerk to the Board 1150 O Street Greeley, Colorado 80632 FROM: Bill Schenderlein Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 (970) 227-2803 WE TRANSMIT: • Attached ❑ Information Below Remarks: THE FOLLOWING: ❑ Originals ■ Copy of Letter EJ Applications Specifications Other FEB 042022 WELD COUNTY COMMISSIONERS FOR YOUR: ■ Use ❑ Approval ❑ Information Review & Comment Submission of this material satisfies requirements of the Mine Land Reclamation Board Regular 112 Operation Reclamation Permit Application. The enclosed application material must remain for public review at least sixty (60) days after a decision on said application has been made the Office of Mined Land Reclamation (Rule 1.6.2 (2)). Confidential materials were purposely excluded. • One (1) copy of DRMS Construction Materials Regular 112 Operation Reclamation Permit Application — Carr Pit East — Connell Resources, Inc. Blue Earth Solutions, LLC ♦ P.O. Box 2427 Fort Collins, CO 80522 ♦ (970) 227-2803 ?ubl ; c Re,/, a f.,i Cc:PL('ff), 2022-0520 ©2 /l6 /22 2/1o%z ■ CARR PIT EAST DIVISION OF RECLAMATION, MINING AND SAFETY 112 RECLAMATION OPERATION PERMIT APPLICATION 2 r.( N IC. MA � -., ;...:. rte_. CONNELL RESOURCES, INC. 7785 Highland Meadows Parkway, Suite 100 Fort Collins, Colorado 80528 blue earth SOLUTIONS P.O. Box 2427, Fort Collins, CO 80522 February 2022 STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3587 FAX: (303) 832-8106 CONSTRUCTION MATERIALS REGULAR (112) OPERATION RECLAMATION PERMIT APPLICATION FORM CHECK ONE: Qs There is a File Number Already Assigned to this Operation COLORADO DIVISION OF RECLAMATION MINING —&— SAFETY Permit # JL- _ (Please reference the file number currently assigned to this operation) New Application (Rule 1.4.5) Amendment Application (Rule 1.10) Conversion Application (Rule 1.11) Permit # M- - (provide for Amendments and Conversions of existing permits) The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts: (1) the application forth; (2) Exhibits A -S. Addendum 1. any sections of Exhibit 6.5 (Geotechnical Stability Exhibit: and (3) the application fee. When you submit your application, be sure to include one (1) complete signed and notarized ORIGINAL and one (1) copy of the completed application form, two (2) copies of Exhibits A -S, Addendum 1, appropriate sections of 6.5 (Geotechnical Stability Exhibit, and a check for the application fee described under Section (4) below. Exhibits should 1L1QT be bound or in a 3 -ring binder, maps should be folded to 8 1/2" X I I" or 8 1/2" X 14" size. To expedite processing, please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, AIIL information requested below. Apnlicant/operator or comnanv name (name to be used on permit): Connell Resources, Inc. 1.1 Type of organization (corporation, partnership, etc.): Corporation 2. Oneration name (pit. mine or site name): Can' Pit East 3. Permitted acreage (new or existing site): 166.1 permitted acres 3.1 Change in acreage (+) acres 3.2 Total acreage in Permit area 166.1 acres 4. F: 4.1 New Application $2.696.00 application fee 4.2 New Quarry Application $3.342.00 quarry application 4.4 Amendment Fee $2.229.00 amendment fee 4.5 Conversion to 112 operation (set by statute) $2.696.0(1 conversion fee 5. Primary commodities) to be mined: sand gravel 5.1 Incidental commoditic(s) to be mined: 1, n/a - lbs/Tons/vr 2. / lbs/Tons/vr 3. f Ibs/Tous/vr 4, / lbs/Tons/yrr 5. / lbsiTons/vr 5.2 Anticipated end use of primary commoditic(s) to be mined: Construction materials 5.3 Anticipated end use of incidental conmwditie(s) to be mined: n/a -2- 6. Name of owner of subsurface rights of affected land: refer to Exhibit O if 2 or more owners, "refer to Exhibit O". 7. Name of owner of surface f affected land: Terry Grazing Association 8. Tyne of mining o ration: 17]Surface ElUnderground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN (check one): 121 6th (Colorado) 1 10th (New Mexico) 1=1 Ute SECTION (write number): S 22 TOWNSHIP (write number and check direction): T 11 ✓l North ❑. South RANGE (write number and check direction): R 67 East • West QUARTER SECTION (check one): EU Ei E SW QUARTER/QUARTER SECTION (check one): NE • - JNW SE SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): approximately 0.5 miles north of the community of Carr, Colorado at 5730 feet amsl 10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (N) 39O 44' 12.98" (W) 104° 59' 3.87" Latitude (N): deg min sec (2 decimal places) Longitude (W): deg min sec (2 decimal places) OR Example: (N) 39336910 (W) -104.98449° Latitude (N) 40 . 90462 (5 decimal places) Longitude(W) 104 •88714 (5 decimal places) OR Universal Tranvcrse Mercator (UTM) Example: 201336.3 E NAD27 Zone 13 4398351.2 N UTM Datum (specify NAD27, NAD83 or WGS 84) Nad 83 Zone 13 Easting Northing -3- 11. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Contact's Name: Jo1n M. WUarret Company Name: Connell Resources, Inc. Street/P.O. Box: 7785 Highland Meadows Parkway, Suite 100 City: Fort Collins State: Colorado Zip Code: 80528 Telephone Number: (970 1 - 223-3151 Fax Number: (970 ) - 223-3191 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Bill Schenderlein Title: Project Manager Company Name: Blue Earth Solutions, LLC Strcct/P.O. Box: P.O. Box: 2427 City: Fort Collins Title: President P.O. Box: State: Telephone Number: Fax Number: INSPECTION CONTACT Contact's Name: Company Name: Colorado (970 ) - 227-2803 Kevin Anderson Connell Resources, Inc. Zip Code: 80522 Title: Aggregate Development Manager Street/P.O. Box: 7785 Highland Meadows Parkway, Suite 100 P.O. Box. City: Fort Collins State: Colorado Zip Code: 80528 Telephone Number: (970 _ 223-3151 Fax Number: (970 ) - 223-3191 CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Telephone Number: ( ) - CC STATE OR FEDERAL LANDOWNER (if any) Agency: Street: Zip Code: City: State: Zip Code: Telephone Number: ( ) - -4- 12. - i i (check Cropland(CR) Pastureland(PL) �✓ Rangeland(RL) Forestry(FR) fJResidential(RS) Recreation(RC) Developed Water Resources(WR) 13. Cropland(CR) Pastureland(PL) Rangeland(RL} Forcstry(FR) Residential(RS) Recreation(RC) Developed Water Resources(WR) 14. Method of Minna: Briefly explain mining method (e.g. truck/shovel): Open pit dry mining using scrapers, loaders, and excavators 15. On Site Processine: -0 Crushing/Screening General Agriculture(GA) Wildlife Habitat(WL) lndustriallCommercial(IC) Solid Waste Disposal(WD) General Agriculture(GA) Wildlife Habitat(WL) industriallCommercial(IC) 13.1 Briefly explain mining method (e.g. truck/shovel): None - processing will take place on the adjacent Connell Garr Pit site (M-2014-001) List any designated chemicals or acid -producing materials to be used or stored within permit area: None 16. Description of Amendment or Conversion: If you arc amending or converting an existing operation, provide a brief narrative describing the proposed change(s). -5. Maps and Exhibits: Two (2) complete, unbound application packages must be submitted. One complete application package consists of a signed application form and the set of maps and exhibits referenced below as Exhibits A -S, Addendum I, and the Geotechnical Stability Exhibit. Each exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ease of reference. If separate documents are used as appendices, please reference these by name in the exhibit. With each of the two (2) signed application forms, you must submit a corresponding set of the maps and exhibits as described in the following references to Rule 6.4, 6.5, and 1.6.2(l)(b): EXHIBIT A Legal Description EXHIBIT B Index Map EXHIBIT C Pre -Mining and Mining Plan Map(s) of Affected Lands EXHIBIT D Mining Plan EXHIBIT E Reclamation Plan EXHIBIT F Reclamation Plan Map EXHIBIT G Water Information EXHIBIT N Wildlife Information EXHIBIT I Soils Information EXHIBIT J Vegetation Information EXHIBIT K Climate Information EXHIBIT L Reclamation Costs EXHIBIT M Other Permits and Licenses EXHIBIT N Source of Legal Right -To -Enter EXHIBIT O Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined EXHIBIT P Municipalities Within Two Miles EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Conservation District EXHIBIT R Proof of Filing with County Clerk or Recorder EXHIBIT S Permanent Man -Made Structures Rule 1.6.2(1)(b) ADDENDUM I - Notice Requirements (sample enclosed) Rule 6.5 Geotechnical Stability Exhibit (any required sections) The instructions for preparing Exhibits A -S, Addendum 1. and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule 1.6.2(1)(b) of the Rules and Regulations. if you have any questions on preparing the Exhibits or content of the information required, or would like to schedule a pre -application meeting you may contact the Office at 303-866-3567. Responsibilities as a Permittee: Upon application approval and permit issuance, this application becomes a legally binding document. Therefore, there are a number of important requirements which you, as a permittee, should fully understand. These requirements are listed below. Please read and initial each requirement, in the space provided, to acknowledge that you understand your obligations. If you do not understand these obligations then please contact this Office for a full explanation. I. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited: -6- 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information contained in the application or your permit misrepresent important material facts; 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties, to you as permittee can result; 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office; 5. It is your responsibility to notify the Office of any changes in your address or phone number; 6. Upon permit issuance and prior to beginning on -site mining activity, you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information (Rule 3.1.12): a. the name of the operator: b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board: and, c. the permit number. 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance. 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Construction Material Rules and Regulations in effect at the time the permit is issued. 9. Annually, on the anniversary date of permit issuance, you must submit an annual fee as specified by Statute, and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example, a permit with the anniversary date ofJuly I. 1995, the annual fee is for the period of July 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as the permittee, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. N Q 10. For ioint venturetpartnership operators: the signing representative is authorized to sign this document and a power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application. -7 - NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions, changes, and deletions to this document prior to final decision by the Office. Therefore, if you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what changes may have been made to the application document. The Office is not allowed to consider comments, unless they are written, and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process, you may contact the Office at (303) 866-3567. -8 - Certification: As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: I. To the best of my knowledge, all significant, valuable and permanent man-made structure(s) in existence at the time this application is filed, and located within 200 feet of the proposed affected area have been identified in this application (Section 34-32.5-115(4)(e), C.R.S.). 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-I 15(4Xf), 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. 1 understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class I 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 £vtraetion of Construction Materials. Ant• alteration or modification of this form shall result in voiding any permit issued on the altered or n►oded form and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to section 34-32.5-123. C.R.S. ``�"t7n � `\ Signed and dated this 1 day of (..Jat'�11.(Qt" 11 ZC2.` Connell Res es, Inc. %% % I ♦� q�oration Attest (Seal) Applicant/O rotor r Company Name ♦ vtc /�� •. i � ned�• Title: State of cO' O r`QcA , } ss. County of+t� 1 tyl (" } ; 4G`srporate Secretary or Equivalent Town/City/County Clerk ",O Ill rth The foregoing instrument was acknowledged before me this day of UQn UQ r la by n N as _of Gorr n�U RrscxUrres, ( c c., JENNIFER LINDBLAD I Notary Public NOTARY PUBLIC STATE OF COLORADO NOTARY IA 20144008382 My Commission expires: I_ MY COMMISSION EXPIRES FEB. 21,2022 SIGNATURES MUST BE IN BLUE INK EXHIBIT A Legal Description The proposed permit area is a tract of land located approximately V2 mile north of the community of Carr in Weld County, Colorado. The proposed permit area includes 166.1 acres. According to the Weld County Assessor's Office, the permit area parcel is owned by Terry Grazing Association. Quarter, quarter section description of the proposed permit area: SWl/4 in Section 22, Township 11 North, Range 67 West of the Sixth Principal Meridian, Weld County, State of Colorado. Latitude/Longitude of main entrance: The Carr Pit East site entrance shall be directly onto the Connell Carr Pit (M-2014-001) site. 40.90462° N 104.88714° W To create the main Carr Pit East entrance from the Connell Carr Pit, the access road will pass under the Tri-State Generation and Transmission power lines and cross the 180 -foot wide easement. Connell Resources is in the process of securing an easement crossing license from Tri-State Generation and Transmission (see attachment in Addendum 1). Description of proposed permit boundary: A parcel of land being the southwest quarter of Section Twenty-one (22), Township Eleven North (T.11N.), Range Sixty-seven West (R.67W.) of the Sixth Principal Meridian (6' P.M.), County of Weld, State of Colorado. The proposed permit boundary contains approximately 166.1 acres. Carr Pit East DRMS 112 Permit Application Page 1 EXHIBIT B Index Map See attached map. Exhibit B: Vicinity Map Carr Pit East DBMS 112 Permit Application Page 2 5000 0 5000 10000 15000 Feet (IN FEET) 1 inch = 5000 ft. / i/____ SITE _________ ____ ( ____ ____ __/__ _ ____ // fcIcp___ — _______ _ SC / ®® / // _____ ®® ]_ _ 7 0 H ________ _ U SHEET 1OF1 1 REGULAR 112 PERMIT CARR PIT EAST WELD VICINITY MAP bluee a r t h P0&2427PO &a 2111 solutions von cams Cdn,Aoerc FEBRUARY 2022 COUNTY EXHIBIT B-1 EXHIBIT C Pre -Mining and Mining Plan Maps of Affected Lands See attached maps. Exhibit C-1: Existing Conditions Map Exhibit C-2: Soils Map Exhibit C-3: Vegetation Map Exhibit C-4: Water Resources Map Exhibit C-5: Pre-Mining/Mining Plan Map Carr Pit East DBMS 112 Permit Application Page 3 r WELD COUNTY ROAD 126 A'ELD COUNTY PUBLIC WORK_: I . — LLEY nttI S �_: (IdM1E MAllkt T� WtRL ELNCINO (LWIC ON PACNRRRlIQAiD fl IV) ,5 ie `\ f 1 7 t ` 4DFNMIgADNPGM UM0NN PACi1C RAAAMD001ln(V ADC NO 104'x1 j\ t n �.n K Ju V - -HAAROPA PA TIIA R* A(UNIDN RARAORDCT7SfIMN) 1 I 4 r .—.e �. v � iii —r" •AME FENCRIG • (WY OPAZNFO A980=1WFD 4 � � ' \ WELD OOUNTY, f • � v i t ` % � - I 4y yam; » y i v l� ❑ a ^-I M1J rt _D _ _ ____ C '^ I i # 1 j' te � � I _ — .v '2 e_.....». S4'EL COLINTI" RGA G "T" WORKSI_,w .: 4 706 0 700 400 6W IN FEET I NCM =. X10 FEET LEGEND PEMIT ROtNOARY -� 200' NOTIFICATTONOFFSET EXISIMGROAO - EXISiMG5FOOTCOMiOUn 4470 EXISTING 26 FOCI CONTOUR 4700 EXISTINGSTfNCT.mE5(TYPICAL) I • NOTES: I THE PROPOSED PEWIT AREA IS LOCATED N THE SOUTMWE ST QUARTER OF SECTgH 7,7. towv6)AP II NORTH, RANGE 67 WEST Cs TEE 5 IH PRNCIPAI MERIDLMI, MID CAUNLY. STATE OF COL(RADO 2 THE PROe ED PEWIT BOUND RY IS CONSISTENT WITH THE PROPERLY PARCEl AOLRX)N S (l UN WFSI SW TH AFC NORTH SCF 5 1F4 FAST SCE OF THE PROPOSED PERT GOLXCMY FOLLOWS THE WEST SIDE OF 114 UNION PACV C RANROAD COMPONY RIGHT -C* WAY L LMT 3 THE GCY4NEIL CA RR MT (M 7014 001) SITE IS IMIEDIATEEY ADJACENT TO THE WESTERN E DOE OF THE PR OSED PEMMIT MX)NOMY 4 AQMaNT LAMA USES ARE PRIMARILY AGGREGATE AMIING AND AGJ JC4L1LRE WITH NON-RHICMTED RANGE LAND. 01*14 SPACE AM) SEANAURAI RE SCENIW PROPERTY OWNERS AND MAN-MADE STRUCTURES WITHIN 200' OF AFFECTED LANL MINISn OYIFNRI AND MN$MAOE STMKTIMES A T HUR 200 FEET W AETWTW LAND MMMA(K STRUCTURES WHFBN 200 RU1PFgYGWNfN PARCf(SA ASF MfNtS/A()WS lilt Of flint O LAND lorry AaAWlbn Bm 3170 070171000001 - U Rod P.O & . PS... ClwewN. WY 07'0171000001-i4mae. PlMpf 4ed Gets Cho (��B�Hg/31-3�110.y 1117N.9NRrMn NNet. 701770000p4 -r____ sat M) DFMp. COLg203 214 TANIIR WryEd ILL) 12 MYbd77 1MOCu+0 701 H2ODOOE ' Ievct Poka4rd GMea F4n, CO SOSVgw1 INpwtn, ArvM R - lFBead 14501 County Roed TOIL 7011700) I In• ABes and f:ae Nun. CO S064A 9W) Tllfidisfixi 1119n and IN10mn AtwNtb Fn )4h YURge Power Linea. POkA4)e4 IId LN Wn11A4, Aarnrw Un Powea e fesemmnt Nsotut.G InNFNruRure West ,*s a. CO *WM IIRbn P4dk R.Arod CPpMH Resod �MA W4Y Aeboed Trick, awl .HOFN1d IEWWnsS Rod w,fraurwture Qefenne. WY B70Dl Nunn T6kpMM (ppMrf (YTIINMRCeUpn 1YM -Cwwnunketbn Lees and n+xMd 2*s tc nAron F4eualaal[ WNaofwlT e NIM co 404 -- .OMrhed Pow I r Ines. Poles, and PaleteYdty pa 764 REAPdOMY Power line f aumenl nsautetl Inhasllustwe It EslAga, CC 10521 WS foY PEAR[ WNb ' GWMY Aped 126 end aitn[lated 00 Sm 751 Cauty ROW MwMd'WM Greeley. m mm what, wture Z4T)(i4USI10RNI- Mc 18M 2414ad Maw buetl l4n 0'w: t aie NMd4r. CO MpDT SpraM/1 Mo6Aa TNewnnMeFMura NPN . BIMed FAIT OA6a LNe 114 W IOw Bead OAAYRUN, WY 62O1 Z 7/J I III () U _ W I O wN NLL N� LL • U w o VJ z U a 1•__ C O z 2 Ho Ir m U W _ / \ X Z W X W II! a 1 of 5 Li C O J 0 U 0 U C J W G J1 l � 6sC hi i-- O 500 0 500 C' .= (IN FEET) 1 INCH = 500 FEET ROPOSED PERMIT BOUNDARY exm nt xa.4R.. •if .%fi fi*+?3. +>i l I.. �. �♦ P�. T LEGEND: I I II I ... PROPOSED PERMIT BOUNDARY EXISTING ROAD _- U c ,g ............ 2♦!` ................. SOILS LEGEND: Q ;.:.1.: C ( v0 W. . . .. ? p D H O }} W D Q•J� O WD I NOTES: z w L O� 1. SOIL MAP DERIVED FROM NCRCS CUSTOM SO 1 O RESOURCE REPORT. Ex .. 31A, 1. 4 I I p 2. TRADITION E Slit IS THIN NON ORGANIC SOIL ONMOSTOF T. ................ 3. THE MAJORITY OF THE SOILS IN THE APPROXIMATE CENTERLINK PROPOSED PERMIT AREA INCLUDE ALTVAN AND c I' LONE TREE CREEK ILROAD TRACKS ASCALON FINE SANDY LOAMS AND PEETZ (UNION PACIFIC RAILROAD COMPANY) GRAVELEY SANDY LOAM. 4. MOBILE SOIL PAR11CLE5e SUCH AS SILT AND CLAY, HAVE ERODED FROM HIGHER TOPOGRAPHIC POSITIONS AND RE -DEPOSITED VERHEAD HIGH -VOLTAGE IN LOWER AREAS; THEREFORE, SWALE AREAS Z POWER LINES MAY HAVE FINER TEXTURED SOILS THAN O (TRI-STATE GENERATION RIDGETOPS. _ AND TRANSMISSION) Q O II , d Na f 5 I- U I. W Q III u I WLLULUUNIYKUAU 110 (WELD COUNTY PUBLIC WORKS � N w LL O 111O C a, LA - Soil ID Soil Name 1 Altvan fine sandy loam, 0-6%slopes 4 Ascalon fine sandy loam, 0-6%slopes 20 Cascajo gravelly sandy loam, 5-20% slopes 29 Haverson loam, 0-3% slopes 51 Peetz gravely sandy loam, 5-20% slopes • . .r Y . _ . . .r . . • r ♦ • • r • • . • a _ _ • • i . . _ • . _ Y • . _ • • _ • • . • r • _ 1 _ , w • a • r • • _ r • _ . r . S w • r Y • • Y • • .. r • ♦ • ' + Y Y ♦ V ♦ Y Y Y r r Y • + r a • * r • Y Y • V r • r r Y a ..+ Y Ii• r a . r • ..7 r ♦ • r • V « a • ♦ • • • v ♦ ♦ • Y • V Y ! V ♦ ♦ r r • ♦ • • r ♦ • t ♦ r a * ♦ . • F t • ♦ r ♦ t r Y • • r r r r r • • + r w Y • * e f r r + r t • f r r • + 4 ♦ • r _ + r r • • r r • * r • v • • • • • • + • • ♦ ♦ • • • • • r Y • r • I t Y • ♦ Y • * V + ♦ * ♦ ♦ V r f ♦ • r r t Y • t • t t ♦ r 4 * Y * 4 V V ♦ r t r r V • • f ♦ 4 r ♦ • Y Y • V Y • * + • * • V + • ♦ ♦ • t * Y ♦ • St* • Y • • • ! ♦ V Y • ♦ ♦ f V Y r • ♦ • 4 4 Y a + + r • Y r 4 • r ♦ • • r t + t • ! S Y • • ♦ • r Y Y t * r ♦ v • ♦ ♦ + r • r Y ♦ + ♦ f • • r • r V • • •1 r V • • i • 4 r ♦ ♦ r • ♦ V e • * • r ♦ • r + • Y • t V V ♦ r r ♦ r Y • • Y t + Y • a * r t * t ♦ ♦ • ♦ ♦ r • • • • Y + r + • • • * ♦ ♦ 4 • a t ♦ ♦ ♦ e ♦ • • ♦ ♦ e r * 4 ♦ ♦ r r i Y . v • ♦ r • • .. r • r • • • • • ♦ V r • V • w ♦ r Y • 4 4 ♦ ♦ a r • 4 ♦ ♦ _ a 4 • 4 • ♦ • ♦ • r • * * • ♦ • • ♦ ♦ ♦ ♦ • Y • • • 4 • . S a 4 S 4 • Y • Y V ♦ . ♦ a . • 4 • • • * r • . • ♦ ♦ • • ♦ ♦ • ♦ V a • .. Y ♦ _ V ♦ ♦ V Y • • r t • • f 4 Y • • + + w ♦ r ♦ ♦ r r * s , • kr + * r ♦ • • V r r r ♦ • t e ♦ v r • r • + r ♦ • • r e r r r • + r t r + ♦ ! • • r t ♦ r • • r • ♦ * ♦ * r • r t r r ♦ ♦ t ♦ ♦ ♦ * t ♦ ♦ • t • f • * t • a t r • • r t * t ♦ v e 4 * t r • 4 r ♦ * t • ♦ • • + t ♦ It • r r * e t • r a * r r ♦ * r a + r t • t r • t • • * ♦ ♦ a t • a ♦ • ♦ + .J. r r t t r • • r r • r + • t t r ♦ * • • ♦ • • r ♦ • t Y a t r ♦ • .. 4 r t ♦ r r ♦ + ♦ ♦ • t r • r t r . ♦ r + • • • • r * ♦ 't* r ♦ * v t 4 t • .1. r V • r r r t • • ♦ t • ♦ * r a + r r • V • ♦ t r • r V * • V Y ♦ ♦ } ♦ • t _ • + r r • * « + ♦ • * t ♦ r • 4 r r t • 4 r t r 4 r ♦ 4 * i « ♦ ♦ a 4 4 i a i a * t 4 ♦ a t ♦ * ♦ r 4 Y i i ♦ ♦ 4 4 4 a * ♦ a a a a 4 ♦ • r 4 a + 4 t + 4 4 i V a V a 4 i t ♦ * 4 • 4 Y ♦ f * ♦ a Y + r ♦ • ♦ V ♦ * ♦ • r t Ir J. ♦ • 1 . ♦ • ♦ Y ♦ ♦ 4 • • r w • r r • • w i • ♦ r • • • • ♦ a • • • t • 4 ♦ t ♦ ♦ r ♦ ♦ • + • w Y ♦ • V • * _ ♦ • ♦ w • • • • r ♦ • ♦ ♦ VV + • V . ♦ _ • a • r r Y + r • ♦ • ♦ r • 4 ♦ • 4 r 4 • • r ♦ 4 r w • * r 4 4 4 ♦ ♦ • • 4 • I • ♦ ♦ • • • ♦ ♦ ♦ • r ♦ ♦ r t a * • • • Y • • * ♦ ♦ ♦ ♦ 4 • ♦ # V ♦ • r V + V It ♦ r r • + • V r a V + + * Y V V + • • V a * Y f ♦ * Y • • r r + Y + • r Y + Y ♦ i * r r • 4 + ♦ + r + * Y r • r r Y + Y f a Y a • • r t • • « • IV • I. Y r 4 * • r • t ♦ + ♦ Y ♦ 4 r r + * • • V • • 4 ♦ r ♦ ♦ « ♦ * Y * • • r • t ♦ t t * r • * r ! r Y r • r * ♦ * Y • + • ♦ ♦ ♦ r 4 ♦ + • • • ♦ * Y * * ♦ 4�4 Y e w V t • t Y + • V • ♦ V 4 Y V r • * r 4 * V ♦ * Y • Y V + • ♦ r t V r a # • r f t r it ♦ Y • ♦ V V ! 4 • • r • * .I 4 r • • ♦ • ♦ 4 • • * r w 4 PROPOSED PERMIT BOUNDARY r r ♦ * t ♦ + Y Y ♦ r r * r 4 * t * • r t r r 4 ♦ r * r ♦ t • ♦ • ♦ * r _ • ♦ 4 4'4 4 4 i 4 4 4 4 41 a 4 + i 4 4 4 4 • 4 * a a . ♦ 4 V 4 4 a 4 4 4 4 ♦ i 4 4 4 ♦ 4 i ♦ 4 4 4 4 4 + i a * 4 4 a 4 4. Y 4 * a 4 4 4 Y 4 4 Y a 4 ♦ 4 a 4 • ♦ ♦ ♦ f t 4 ♦ ♦ 4I Y • .• • ♦ _ • r r a r 4 _ ♦ _ t • ♦ r r • 4 ♦ • • 4 • ♦ 4 e • .v • • ♦ • • • • r V ♦ r • ♦ a • 4 ♦ r • 4 ,. Y _ ♦ r ♦ • r • a Y Y • • • V • a • ♦ 4 ♦p r 4 YI • r + • ♦ 4 Y • • _ r • ♦ • + .4.r ♦ • 4 a • ♦ • ♦ ♦ * Y r 4 r ♦ . S • • ♦ • r ♦ + a _ Y t _ r + ♦ r 4 • ♦ ♦ • • • r t _ 4 • r a t t r 4 e 4 t it v r + + r ♦ t t r • r r • ! • t r r + t • ♦ ♦ • • a • r ♦ t r * •F t t 4 • t • t r • t r • a t r • • e • r r • • r r r + • r • r e • * ♦ r t r + • . r • I. I♦ t !I t 4 ♦ 1. r + 4 4 r ♦ t t r 4 r • * r r • 4 t a 4 r ♦ • t r • t r ♦ ♦ t 4 t t r 4 r a • r r + * r • * • r ! • t • . r • ! S. 4 • f ♦ * t ♦ ♦ ! 4 • Y r • ♦ r ♦ * • ♦ + V r ♦ * ♦ ♦ • r r ♦ • r ♦ ♦ Y r 4 t Y ♦ r Y r t V r • 4 r r • • ♦ ♦ • V + ♦ r ♦ ♦ Y 4 • + f ♦ ♦ • ♦ a r r • 4 r 4 ♦ ♦ * r ♦ • S. • 4 Vt ♦ • • r • t r • V V + r • ♦ • ♦ • + + r r • ♦ V * ♦ V « ♦ r Y • * r Y * ♦ • .t • • • r • + t r • ♦ ♦ + * r V ♦ r V ♦ • r 4 4 4 t t ♦ i 4 4 ♦ 4 ♦ ♦ 4 �_�* a a • 4 Y a __,t_+I_.� ♦ 4 4 * 4 4 r V ..t_P 4 i ♦ 4 i ♦ 4 ♦ Y ! 4 Y ♦ 4 4 i ♦ 4 i ♦ a Y i a * ♦ + V i 4 4 • + 4 • ♦ ♦ _ • ♦ . ♦ i Y t • • w • 4 ♦ * • * • ♦ ♦ 4 + • r ♦ ♦ ♦ 4 f * w ♦ • . • + . S r r a • V • •. r a • r Y r * V • ♦ t r ♦ • V • 4 Y ♦ ♦ r t 4 • ♦ ♦ r * v Y + * r • • v v r ♦ ♦ ♦ ♦ t « • s r r r « r • * r t * • r r • r • ! + + + • « + • + ♦ • • . 4 r • • r r r r r ♦ ♦ r r r r w + ♦ r r Y r ♦ • a • r • r * Y • t • rI r r • r ♦ ♦ r r • + 4 r + * • • + r • * Y Y 4 ♦ r + f t V + * Y ♦ V t Y ♦ r Y r Y r 4 • • V r * r r • e • ♦ t Y 4 ♦ V 4 r • t a ♦ • • r * Y ♦ • w t f + Y + ♦ ♦ • ♦ r r ♦ V + + 4 Y r a * • • V r f r r • t t « * • r • r 4 t t . • t Y * • V r t t 4 • • • • r Y 4 f + • f V Y ♦ • • • r * ♦ * Y • t • *I • e • r r ♦ + r • • • • f V Y + + 4 • f • V + ♦ Y ♦ • t Y • r . V t Y ♦ * r r 4 r * + * r • 4 r • ♦ Y ♦ • • r t ♦ Y + V « Y ♦ ♦ + r ♦ ♦ ♦ ♦ • • ♦ * * Y • ♦ f + t r • + V r • * ♦ Y 4 + Y r • Y f w • t ♦ ! 4 + ♦ Y r v 4 Y * + r 4 • t • • • V r t r Y • ! + • r t a r t V f M Y . + 4 4 4 4 i 4. 4 4 4 4 a 4 4 a i a ♦ a 4 4 4 + Y a 4 a + + 4 4 4 4 i 4 4 4 ♦ a 4 4 + i i • 4 4 + + i * 4 L 4 4 4 4 a a 4 a ♦ 4 ♦ ♦ ♦ 4 • * a 4 4 4 4 ♦ 4 • 4 _ . ♦ Y * + ♦ ♦ ♦ • ♦ • - r r r ♦ ♦ _ V a * 4 ♦ ♦ • ♦ ♦ ♦ ♦ • • r . • • • • ♦ • ♦ • + • _ a • f • ♦ V a Y • • • 4 w • ♦ • ♦ ♦ • • . 4 ♦ Y Y • 4 • a • ♦ • • • r a I r ♦ ♦I r e ♦ r • • r V • + * • + + ♦ r • r t • 4 • + + r • ♦ ♦ t ♦ + ♦ e r Y • + r ♦ • r a . + r a ! r a * r e • • r • + r • t • v + r 4 4 * t ! 4 t • 4 ♦ * • f + * r • ♦ + t r • ♦ + • ! 4 r r ♦ • ♦ t a t V t r 4 r a • • t * r t • * Y ♦ ♦ ! V ♦ * ♦ ♦ • 4 4 4 * Y ♦ ♦ ! • ♦ • r + r V ♦ * 4 * t 4 ♦ r • • wit a rI • r + t r f ♦ w a + t + ♦ 4 V • • t r ♦ e • f ! ♦ • t • r a t • • Y r t r Y r r ♦ • t r r r + + • f « 4 ♦ V • • t ♦ 4 V ♦ 4 ♦ ♦ t r + r f + *■. • . ♦ ♦ • * e r * + t r t ♦ • ♦ ♦ r r • t ♦ V t r r • r ♦ r r ♦ t r r * • ♦ • Y ♦ • ♦ r • 4 • • 4 Y r i f V • r* r a * r • 4 r t t • a + r • + r • + I. ♦ •I t Y r 4 r • t Y 4 r * r • ♦ ♦ a t • V e • V v ♦ s • • 4 • • r r + • e r 4 r e e ♦ w v + * + r ♦ r ♦ t r * • r w ♦ t r • t • ♦ r + + ♦ . r ♦ . . . ♦ MI , . 4 i • _ ♦ • • • • a 4 • • 4 ♦ • it • _ • • • * • • w • • • + • * ♦ Y w • r r • • • V • • • • ♦ • . . e • • ♦ • a • e e • V r . * • ♦ r • ♦ V Y ♦•* • • e 4 • r • • 4 ♦ + • ♦ ♦ 4 ♦ 4 • 4 • ♦ • r Y * t r r r 4 r • V r r 4 * • t • • Y • . • Y • ♦ a • • • • w _ * ♦ ♦ Y a ♦ • v * * • • ♦ • w Y w * 4I ♦ + I. V w e r ♦ • Y • • ♦ r • V + ! ♦ • 4 r ♦ • 4 • f r + • Y r ! V • * w r 4 • t ♦ • t Y • * ♦ ♦ * * + ♦ r r r r _ • * Y • * 4 « • r • .1 t r r V V 4'a V Y Y r t ♦ ♦ r t ♦ ♦ * r • r ♦ • ♦ r ♦ • V t ♦ • • • + + « t • r • * Y r • • ♦ ♦ Y Y •. • ♦ 4 ♦ * V • ♦ ♦ • • * t + * 4 f • Y Y • 4 • + * ♦ ♦ * r r • • * 4 r r r • • r • r a ! • • r r r f • r r r Y • • + • ♦ r • e * • • 4 w • * r • * V r 4 f r • * Y • r • • r r r r ♦ r • + Y ♦ r It ♦ . . * w • ! . *1 r r 4 OVERHEAD HIGH-VOLTAG E �♦ ` a + 4 ` a ` . r i ` 4 ` 4,t . • + ` 4 ` 4 • + t 4 t 4 t * r 4 ` . ` 4 a 4 _ V s ` + t 4 V . 4 + 4 ` . ` 4 + 4 a * ` 4 ` 4 • 4 ` Y ` 4 a 4 ♦ * ` 4 ` 4 • 4 ` 4 ` * • 4 V 4 ` . ` . + 4 + Y ` 4 r 4 + a 4 i 4 4 i 4 4 a 4 4 4 •a 4 •r * * . ♦ . • a _ * 4 POWERLINES N ES 4 f a . • . . . . 4 Y . . Y . 4 'V • ♦ ♦ . . 4 w . . 4 + • . . _ . . * • i 4 ♦ . 4 4 4 . • 4 4 4 • + _ • ♦ * _ ♦ • • • ♦ 4 Y V 4 . • ♦ 4 w a ♦ 4 . ♦ . t r . * r + r•, ♦ r 4 t ♦ a t • • • w • • ♦ • ♦ r r a r ♦ _ 4 * Y ♦ 4 • r r 4 • * • • • (TRI-STATE GENERATION e + + r r 4 r ♦ • r t ♦ 4 + t r a • r r . * r • * . r * * 4 r • r • It • r r ♦ • r • • ♦ r ♦ l r • • r r S. r • • + ♦ 4 • t r t « • ♦ r • + r r It . 4 4 t * • ♦ 4 r r • r ♦ • • r a r • a 4 r r • t ♦ t r ♦ r • ppp • V f AND TRANSMISSION) ♦♦+« r t « r 4 r r * t r ♦ r r S r ♦+ t 4 **+ 4 r + w r r 4 r t r • 4 4 t r + ♦ + r ! • ♦ • r r • r r r • • 4 t r f t r + • 4 t ♦ r • r + t r • r • • • ♦ 4 t v 4 t • r * V * t r • t t ♦ r * r • r t ♦ t + a Y . • 4 4 • a ♦ 4 4 i • • a ♦ f 4 ♦ Y 4 a 4 * * 4 i + e a a + 4 4 ♦ 4 4 4 s 4 4 + 4 + 4 4 + + 4 4 • a 4 ♦ • 4 4 4 a 4 ♦ ♦ i • 4 a r • ♦ r ♦ • e w + * ♦ • • i • 4 ♦ ♦ ♦ 4 r • • • •.. # 4 • • • r • • V + + ♦ w r 4 • * • • ♦ ♦ r ♦ w ♦ • ♦ . . • t r a _ ♦ • • . ♦ r ♦ a + * • • w V . ♦ e ♦ a ♦ t 4 ♦ It. ♦ ♦ . 4 w Y 4 4 ♦ a r • • + * r ♦ • r ♦ V • • ♦ . ♦ r ♦ • • V • Y • • • ♦ • ♦ + r • t f • r Y _ ♦ ♦ • ♦ • Y • • • • • • • * * r + t • • r ♦ . 1 t V 4 • 4 • + ♦ t ♦ ♦ t r r + r • Y w « • s • • V r a r • r f r r r * r ♦ • Y 4 w r * • + w 4 r r r r r . r _ . r r r r • * r • r v r * ♦ • * r • + r r • • * + • r ♦ 4 Y • ♦ ♦ • • • r t + r a • ♦ r r r r • • r 4 ♦ 4 r • • ♦ • Y r r • ♦ w a Y r + a * * r r r a • • • t + Y • • t t r 4 + • • + e * . V V • t ,I • r + r + ♦ ♦ * • ♦ V a _ r * t r « r • r + * t a ♦ • + r 4 r • . ♦ 4 r * • r • . • t r ♦ * r * • r r r + f . . Y • w t t t + r a r ♦ t • t ♦ 4 r a • t J r V ♦ • • • S. V a a _ • * r 4 • r • 4 • t 4 • ► • • t « f • t ♦ • v 4 r • r r t • • • ! • 4 v ♦ • Y it • 4 V • * • + r r V 4 + 4 4 a 4 4 + 4 1 + 4 i 4 4 4 4 4 * a 4 + 4 4 t i 4 i * 4 a 4 4 4 a 4 * ♦ 4 4 4 4 4 4 4 4 4 4 + • 4* • 4 e ♦ 4 i . 4 4 4 • 4 a i + i + + 4 4 4 . a + 4 • + * * ♦ • r ♦ i ♦ . . • • • * • t r • 4 . _ ♦ 4 4 4 ♦ ♦ • 4 * ♦ a • • • ♦ ♦ ♦ • * + ♦ V 4 r • • r • Y V • • ♦ ♦ ♦ • 4 • + t t ♦ • • • e r • • r . 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V.`+• • r • ♦ 1. •.I 4 ♦ t 4 ,..- (UNION PACIFIC RAILROAD COMPANY) ♦•`t`r♦ LONE TREE CREEK `•♦ • * Y • + w 4 r • « • t •— I. �I 1 :. LONE TREE wj.� : 4 ♦ t • • • r • • * • ♦ ♦ ! Y a . •- r Y * * t' .1 4 a + ♦ • r r r ♦ 4 r Y V * t-' # • "*♦.•* r r • • r t r • r • t • ♦ + + • ♦ • 4 t .... ra 4 t • • . • V Y + • * w * 4 Y r r . • • r r 4 # r • 4 r r a K • 4 . . • r • _ . . t * . • 4 . . • . r• w • • • i • • • * . S e t . S Y • • * 4 • • Y ♦ Y • 4 • a t ♦ • + • + ♦ • • * t ♦ ♦ 4 r 4 ♦ r r . -a..- . * + ♦ ♦ ' y°" 4 • • * Y t r • r ♦ r ♦ t ♦ • r s ! S v r t • ♦ ! S ♦ v S ♦ ♦ r • r r ♦ t t ♦ ♦ t r ♦ t ♦ w r r + t ♦ �+ �:. • r ♦. • • ♦ * + • * r « t * ♦ 4- * r r s ♦ t r + • ♦ ♦ • #• r + + • a ♦ r ♦ • « • r ! r ♦ - - ♦ • ♦ • + * r r t r r 4 t • r * r • r • t r 4 ♦ r t v * * • ♦ t + • + ♦ • ♦ ♦ ;. I r • r r • t ♦ ♦ • ♦ • + + • '� .: ♦ r > 2 ♦ ♦ * t # • 4 + + * r * r + r a a r ♦ * V + + ♦ r + • r + r • • ♦ r . + f ♦ + r 4 # i r tie f a * • ♦ r ♦ • 4 * r ••Y' * ♦ r ♦ _ _ _ - _ _ • r ' .:. 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S ♦ t r • V r v r r r ♦ w t r w r . w r • ♦ C' r ♦ * r ♦ - t , ♦ r ♦ s s • • + 4 ♦ ♦• .,•e }¢ • r t 4 * t r t • r r • - w •- .. • • r ♦ r + r . . • r . ♦ • + ♦-...••._ ♦ + • t r Y 4 * r ♦ • • V + + f • t • •1^ _ ♦ • * 4 r ♦ !', • 4 4 * + ♦ 4 e r • + r a t « , 4 r ..,, .,_ a a r r r . r a r.... + ♦ * * / V 4 + + • • ♦ • r 4 t .•"__j_;..: • •• xV r • • • r • r ♦ • • ♦ r • • ♦ • + Y + v ♦ ♦ • t • + r * r • • r • v rAt • + r , *� r a v * r r s ♦ • r + r • r ='•r - '» • • a * • . • • r r ♦ t • ♦ • r ♦ t • • • r♦ 4 r ♦ e a 4 r * 4 * + . —. i . * a w a ♦ •PROPOSEDPERMITBOUNDARY 4 * a ♦ * t a ♦ ♦ + r ♦ r 4. 4 r * r * e 4♦ 4 _ • • • • • r • • • 4 • • • • • • + t • ♦ • • ♦ • . + • 4 • • + i • r • • r + * • • r 4 4 + • + a * r • r + . r + + • •*c — ♦ • * t r ♦ r , r + « r + * ♦ + + r * r ♦ • + + r ♦• ♦ • •I •1 t r _ r • t r r r V r r + Y • + t r + • s t • + ♦ r t i 4 V + • • r Y \ ► + • r 4 . + t f ♦ V r • ♦ ♦ e r 4 t * V * ♦ • • 4 • * Y • �•• IY * _ • e ♦ 4 « • • • * + V r a * • + • • t a r • ♦ r • • 4 • 4 •- - t. - r - - r 4 .. e- e W "•. "it' - p• * r Y -y •j • V 4 • • r + V r ♦ • • r • • r f ♦ • • r r ♦ r e • ♦ ♦ 4 V + ♦ ♦ • r r • ♦ • a t • -- — — C r • r r • r r ♦ Y r • . ♦ • • t r + 'y i �/ r , . �ti -�"Y- 6 + « a • ♦r• r f ♦ •t r 4 4 t -Y • I.• •* a ♦ r a _ ♦ a + ♦ r( a w ♦ a ♦ t • • a r • a t• 4 a Y 4 • i w a • ♦+ + r + • ! t •/ Y r r t ♦ r r r t • • r • • r — + * t • r r r ♦ t /v' • y+ • + * + * Y a e V a w ♦ .1 ♦ ♦ • a a r * • '• \ V • ♦ + ♦ 4 t + + t ♦ ♦ • + a f� Y V + * r f • r ! /I V Y ♦ • 4 • 4 t 4 ♦ ♦\ t a • 4 • Y • + • 4 V Y 4 ,-____v • r `• • V • ♦ ♦ ♦ ♦ • ♦ w ♦ w +� r + • • w ♦ ♦ • Y r Y� * + y ti • e r ♦ t • * y* r r ♦ • r +�� r+,+rt•r_ WELDCOUNTYROAD126 _ .... YIL 500 0 500 ( IN FEET) 1 INCH =500 FEET LEGEND: PROPOSED PERMIT BOUNDARY � - - EXISTING ROAD NOTES: 1. VEGETATION WITHIN THE PROPOSED PERMIT BOUNDARY IS GENERALLY CLASSIFIED AS BEING PART OF THE HIGH PLAINS SHORTGRASS PRAIRIE ECOREGION, 2• DISTURBANCE TO VEGETATION WITHIN THE PROPOSED PERMIT AREA IS LIMITED TO PREVIOUS GRAZING BY THE OWNER'S BISON AND CATTLE HERDS. LEGEND DESCRIPTIONS: UPLAND VEGETATION UPLAND AREAS SPARSELY COVERED WITH RANGE AND PRAIRIE GRASSES SUCH AS BLUE GRAMA, BUFFALO GRASS, WESTERN WHEATGRASS, AND PRAIRIE SANDREED. THE HEIGHT OF SOME GRASSES MAY REACH 12 INCHES DURING PERIODS OF MAXIMUM GROWTH, BUT MOST STRANDS OF GRASS GROW LOW TO THE GROUND. IN GENERAL, LESS THAN 50% OF THE GROUND IS COVERED BY VEGETATION. RIPARIAN/WETLAND VEGETATION LONE TREE CREEK CHANNEL AND BOTTOM OF DRAINAGE SYSTEM CONTAINS LOW GROWING SEDGES AND RUSHES INTERMIXED WTH THICKER GROWTH OF BLUE GRAMA AND OTHER GRASSES. ISOLATED PATCHES OF RIPARIAN TREES AND SHRUBS (I.E. COTTONWOODS AND MARSH ELDER) ARE FOUND IN MORE PROTECTED AREAS OF THE DRAINAGE. H- C/) W I- z O 0 IZ I - I1 w (V rL IC III C) ZD -O WOI L Do wz I� JO Jo WD ZW 0 0 M oz 0 M� W X W W WW ------------------------------------------(WELD COUNTY PUBLIC WORKS) \ -!� LLI O VJ 2 a) I I I I r II I I BOUNDARY OFFSET PROPOSED PERMIT BOUNDARY �I I JI I I I I I I I `I I I I I I I I I I I I `I I 1 ( I OVERHEAD HIGH -VOLTAGE POWER LINES (TRI-STATE GENERATION AND TRANSMISSION) i APPROXIMATE CENTERLINE :,h ( I LONE TREE CREEK LONE TREE .. . \ jr I I ( I I I I I I I �I I I I I` I L -APPROXIMATE TOP OF BANK LONE TREE CREEK RAILROAD TRACKS (UNION PACIFIC RAILROAD COMPANY) No. 195935 PROPOSED PERMIT BOUNDARY ERMIT No. 106095-A r ., WELD COUNTY ROAD 126 (WELD COUNTY PUBLIC WORKS SET 1 I! PERMIT No. 20150669 -AB L4 PERMIT No. 234338 500 0 500 ( IN FEET) 1 INCH = 500 FEET LEGEND: PROPOSED PERMIT BOUNDARY - - 600' BOUNDARY OFFSET EXISTING ROAD DOMESTIC WELL WITH PERMIT NO. O NOTES: 1. LONE TREE CREEK, AN EPHEMERAL DRAINAGE, DOES NOT HAVE AN ASSOCIATED REGULATORY FLOODPLAIN WITHIN THE PROPOSED PERMIT AREA. 2. BECAUSE OF THE INCISED NATURE OF THE CREEK, WETLAND COMMUNITIES APPEAR TO BE RESTRICTED TO THE CHANNEL AND IMMEDIATELY ADJACENT AREAS, W TH VERY STEEP AND RAPID TRANSITIONS TO UPLANDS. 3. SEVERAL SHALLOW SWA_ES AND HEAD -CUT EROSION GULLIES DRAIN TO LONE TREE CREEK WITHIN THE PROPOSED PERMIT AREA, BUT NO APPARENT DEFINED CHANNELS OR WETLANDS EXIST WITHIN THESE SWAI_ES AND GULLIES. 4. ALTHOUGH WELLS FOR DOMESTIC PURPOSES ARE W THIN 600 FEET OF THE PROPOSED PERMIT AREA, THE PROPOSED MINING OPERA`ON DOES NOT ANTICIPATE ENCOUNTERING GROUNDWATER AND NO IMPACTS TO THE SURROUNDING GROUNDWATER HYDROLOGY AND WELLS ARE EXPECTED. REGISTERED WELLS WITHIN 600' OF PERMIT BOUNDARY WELL OWNER PERMIT# USE STATUS SHAFFER, JEFFERY E. 195935 DOMESTIC ACTIVE LACY, JACK & MARVA 209515 DOMESTIC ACTIVE GOLDEN, RONEL 106095-A DOMESTIC ACTIVE SLATER, HAZELM 234338 STOCK ACTIVE UNION PACIFIC 201S069 -AB DOMESTIC ABANDONED RAILROAD C -3-o U Zo ..Q UO W DO u } H 0- W Z F Q Q _J 0 U WQ ZJ z O z O 11 Q Q U_ I (%) W U w ' O 1111 O_ W W D a W H Ln LU L. Lwo a) F OF,BIFM HIGH vat I (IRFSIATE GENERATION CONNELL CARR PIT (M-2014-001) I 1 F 1 I\ \ I I - r 1 1 1 \.I I i :ag J �' 8 I —''�'�' `�- T PddIUT BOUNDARY 1 I I I 1 ---_vv I i t I \\ \ i I I S rte_i_t _ / e l \ J _ _ -. _ _ _ __ __ __ _ _ _ _ _ _ _ _ I I RO MINIMUM SE TRACK \\ 1 5 ER(TYP \\ OYERBIMOFNSTOCKMFOTYP) I 1 UVLRBURUEw STOCKPILE (TYP.) \ APPIONA"IT INB/D LAM 1 I 1 \ I I 1 C \ 1 E• \ 7 PHASE I WdS (i ARIA NORTH) OVERBURDEN STOCKPILE (1) AI'PROXAATELY ID2 I ACRES 7 I I Iii 1 SHE ENTRANCE I IJ WM GMVEL ACCESS ROAD I I I THROUGH TRISTATE POWER ENE EASEMENT 190' ELECTRIC TRANSMISSION Ltd EASEMENT TN -STATE GENERATION AND TR.WSMISSON ASSOCIATION 1 . Iy I1IWSOKP R STOCLE (TYP I I y3. NARK D FIHFR (X'TIC I KA OAYO) 3ER OPTIC LNE MOBKr) D'OOORE VALLEY RSA) --------- A/'\ Arm FENCNG (UIKYI PACRIC RA*ROA) COMPANY) O O - `\ ` \ - ` - _ I APPROXIMATE CERTFRLNE /l \ O\\\ I LORE EE TRcwrrK CR \ \ / — _ Q \ J APPROXH.IATE R TOP OF ANK / \ \ \ \ \ \ LONE TRE[ CREEK / \\ \ \ / Q \ \ \ Ii I RHEAD HCMVOLLGE POWER TOWER (TYP) / — \ \ ` + (IM-STAIF CANERA1ON AID TRANSUSSCN) I / /�— /k \ \`_ \ \ \ ♦ \ 8 I ( I 1 )', OFRRY CRAING AsSOUAI IIONN)) ` `\ \ \ \ \ � , I � \ IYIA$E 2YINM6 MEA(SWTH) OVER)6'.AD UILm LNEs .\ j \ i ♦ \ \ \ \ A1`ROXMNIFLY 2D 2 ACRES (POUOREVALIEYREA) \ \ \I \ I .. OYBIBLBDEN STIX KPILK (TYP1 ' / I TOPSOL sTOCNPIE (II'P ) DYERBIIROEN BroclwLE OVEREAD UTIIY 11 I I O PERIM VALLEY LEA) 1 \l ' / I - - - - — - ` ` \� __ _ ea MNBOM SETBAtlL i /! APPROJBLMTE)NN ROES \ \ \ \ \ \` I \ ` \\ \ \ }/♦L - / / / / / / / \ \ PEISAIT lOIBOMY \ BLARED TELEPHONE AND FBER OPTIC L NE i \ — I _ / / \ \ (HORN TELEPHONE ('AMPANY) / \ - ♦ `� ♦ \ \ / 1 4 -WEB? FENCE (TEIRY OW2900 AN 4 \ \IIDARY PT BBL � \ MN PACIC MA ROM COMPANY) J: �-1 / \ . 1 \\\ ( \ \111 \ j CARR, 1 \ \ -1 I I II / WELD COUNTY. 1 \ L1 I; 17 / a,;% COLORADO ��",d ° f I / ,\ _____ I I� , 1 OOJ �, , -. Jr t _ �•- WELD COUNTY ROAD 26 _ O \Tr-�� ---� - -.-_.-_---�hO --__ COUNTY PUBLIC WORIS)--- -- -- — ----- J I // (WELD ;/1/1 C] I t ` AY) 0 T%1 FOD 6m (NFEE7) T R1Cw - 20D FEET LEGEND: PETNT BO CMY )6TH • • LU'S W W NG ------- EIQSINC ROAD - DOSING S FOOT cON7DJR 4870 DOSTNC 2s OOr COUSIN ♦700 EX16TNC sTAVCTU"s I • MINING DIRECTION COTES: THE PROPOSED PEST 80LNOMRY ENDS APPROINLATEEY HIS I ACRES WITH ONLY ABOUT 106ACRES U6NSNILY P(AiNEO FOR NTNNG HOWEVER. T)E AFFECTED 1 ARO BOIADMY ESSENTIALLY FOLLOWS THE PERNH BOU1DARY TO ALOW FOR R€GANATION ACTRRTES AND FU1UE POTENTIAL 1016IU OPFNATOLIS AREAS NOT DLSTI €D BY IOPNO MAY BE pNTIR BED BY ACCESS ROADS, STOCfl1-E3. MAR NW PKflSSP& ON BAUGl1BD AND OTHER RECIANMTON I LATEI) ACIMTES THE MMAEOID AREA WLL CONSIST OF SETBACJLS AND ROAD AND UTILITY RIGHT-0F.WAYS SETBACKS FROM TIE MBE PD TOP OR SLOPE 10 1)4 PROPOSED PERMT BOUNDARY OR MMMWOE STRU:TWES NOT OD BY THE APPLCANT ROLL BE SO FEET OR GREATER TEST PITS HAVE WED THAI COIBERCW DEPOSITS OP SAID AND GRAVEL E)OST UP 10 APPROMATELY 12 FEET BELOW THE GRd1ND SLARFACE 5 GRETENOWA,ER SNOT EXPECTED TO BE ENCOUMEREO WRING MINING 6 MONO IOING ADIACENY 10 THE LONE TREE CREEK ANAM. PHLIAU IKIISWLL BE TAKEN NOT TO MIENS THE CREEK C)WBEI AND ASSOCIATE0 WE 11 ANDS I MARKS TABLE FIT RLN MATERIAL ROLL BE TRANSPORTED TO THE ADJAc7N I CONNMLL CANA PD (M 2014001) VOTH HAUL TRIIC$ NC CR COWYEYORS FOR VOCESSRO K TOPSOL AND OVEN STOLES ROLL BE CONFMARED 10144W SIDE SLOPES NO STEEPER IRAN 2H IV E THE STOCK IDES ME RMCTNE FOR MORE TIW4 ONE OROWNG SEASON TIC! IERL BE SEEDED WITH THE FAST G OWNG GRASS SEED NDIlUE N THE TABLE BELOW B STOCKPILE SEEDED IS NOT USED. SURFACE ROUGEPG WAIL BE MARRMED TO LBD Wit) AND WATER EROSION GRASS SPECIES RATE BBB PLSACRE) INTERMEDIATE W 14EATORASS 5.0 - BLUE GRAMA 1.0 TRETCALE 1.25 _ RATES ARE FOR BROADCAST SEEDING HEST WNMOEAENI PRACIKES (RIP) WAX BE USED 10 LND DISCHARGE OF SIORWWATER ANDSEI NI atTOAD2MENT PROPERTES AND WATERWAYS z w bUK I- LLI 'g Un U Q OWRSUROER y{ YMNG I.OHWµL Q Iii O i LiS 'S��c o U Q_ GY r AGGREGAGATET( I,. ( LL I NM1G 0.008 Q I U II TYPICAL MINING SECTION Z Z AT PERMIT BOUNDARY O AGOWCATE 0 RBURDEH Q Z 0 s -10 Z Q I 1 J J ExuvArFD F --- a BOTTOK GRAD_ Q U V I DN•. _ - - ~ CR' t C ur; TYPICAL MINING SECTION W m — BORDERING LONE TREE CREEK IL N x3 AQ ECATE DS Iv W Z OYERBURDEN�� Z U w W 10 is / e XCAVATED PT / --- I" a BOTTOM, GRADE TO DRAM ?CH I AD CRae: NY�C� EEK UTNN y. Job No s? TYPICAL MINING SECTION Drawn s D/ BORDERING LONE TREE CREEK 9�sqn 5of5 EXHIBIT D Mining Plan The proposed Mined Land Reclamation Board (MLRB) Carr Pit East permit area is adjacent to the existing Connell Carr Pit (M-2014-001) operation, which supplies aggregate construction materials to much of northern Colorado. The proposed Carr Pit East permit area contains substantiated aggregate resources to continue the supply in this region of Colorado. As resources diminish in the Connell Carr Pit, new supplies from the proposed Carr Pit East will continue to provide construction materials to meet the northern Colorado demand. Introduction and Overview The proposed Carr Pit East permit area is currently owned by Terry Grazing Association (in association with JRT Limited Partnership) and consists of rangeland utilized by the owner's cattle and bison operations. The site contains short grass prairie upland areas and approximately 5,000 feet of Lone Tree Creek, an ephemeral drainage that flows from the west to east through the property. In general, the channel of Lone Tree Creek, an ephemeral drainage, lies approximately 10 to 15 feet below the surrounding upland elevation. In areas, the drainage system is wide and contains terraces that drop gently from the surrounding rangeland to the drainage bottom. In other areas the drainage is narrow with a near vertical slope extending from the upland area to the creek channel. The upland rangeland is relatively flat with shallow landform terraces and bluffs rising to the north of Lone Tree Creek. The terraces and mining area north of the creek are patterned by swales and erosion gullies that drain toward Lone Tree Creek. Permit Boundary Definition The proposed permit boundary is consistent with the property parcel boundaries on the north, west, and south sides. The west and south parcel boundaries are also defined by the section lines for Section 22 (Ti iN, R67W). The east side of the proposed permit boundary follows the west side of the Union Pacific Railroad Company Right -of -Way limit. The proposed permit boundary includes lands on both the north and south side of the Lone Tree Creek drainage. Since the proposed permit boundary will follow the section line and western site parcel line, the boundary will contact Section 21 (Ti iN, R67W) and adjacent western land parcel. Therefore, the proposed permit boundary will contact the Connell Carr Pit (M-2014-001) existing permit boundary allowing for the necessary site access road. Affected Land Boundary Definition The proposed permit boundary will encompass approximately 166.1 acres with only about 143.6 acres currently planned for mining. However, the affected land boundary essentially follows the permit boundary to allow for reclamation activities and future potential mining operations. Areas not disturbed by mining may be disturbed by access roads, stockpiles, material Carr Pit East DRMS 112 Permit Application Page 4 processing, or backfilling and other reclamation related activities. The remaining area will consist of setbacks and road and utility right-of-ways. Land Uses The proposed permit area currently consists of rangeland utilized by the owner's cattle and bison operations. With the exception of the community of Carr, properties surrounding the proposed Carr Pit East site are primarily aggregate mining and rural agricultural non -irrigated rangeland. The community of Carr includes approximately 30 to 40 semi -rural residential home lots south of the site. Immediately to the west is a permitted aggregate mine (M-2014-001) and to the southeast is another permitted aggregate mining property (M-1988-048) and railroad load -out yard. With the exception of the Tri-State Generation and Transmission Association high -voltage transmission lines and easement, the interior of the property does not contain structures, easements, or right-of-ways not owned by the applicant or property owner. There are no established oil and gas wells, tank batteries, or other associated facilities located on the property. Several utility structures and associated easements and right-of-ways are located on the edges of the property or immediately adjacent to the proposed permit boundary including Nunn Telephone Company communication lines, Weld County road right-of-ways, Poudre Valley REA power lines, and the Union Pacific railroad (see Exhibit C-1, Existing Conditions Map). None of the easements, right-of-ways, or associated structures are expected to be negatively affected by mining or reclamation operations. Nature of Deposit to be Mined The proposed permit area is located where the northern edge of the Colorado Piedmont transitions up to the High Plains of southern Wyoming. The western most boundary of the Lone Tree Creek basin originates in the Laramie Range of the Rocky Mountains and drains southeast across the relatively flat High Plains and down through the gently rolling topography of the Colorado Piedmont. Aggregate materials within the proposed permit area are composed of Pliocene and Pleistocene terrace deposits along the Lone Tree Creek drainage system. The terrace deposits generally extend from the surface or near -surface to a variable depth of 8 to 12 feet below the ground surface. Deposition was most likely created by streams that had been rejuvenated as a result of uplift at the close of the Tertiary period and increased water supply during the Pleistocene epoch. The under -lying Tertiary sedimentary rocks that include consolidated sand and gravel conglomerates were eroded, and the process of cutting and filling of channels was so widespread that gravel and sand were deposited in sheet -like beds. The principal streams eroded into the bedrock, cutting and building terraces along the channels. More recent streams, such as Lone Tree Creek in the proposed permit area, have cut through the highly erodible over -lying unconsolidated material in most areas and do not generally have associated alluvial deposition. Traditional organic topsoil on most of the site is thin or non-existent. Most of the soils are shallow to deep loams that are well drained. Over most of the identified sand and gravel deposit Carr Pit East DRMS 112 Permit Application Page 5 is a loamy, wind -mixed veneer layer of soil overburden material varying in depth from less than one inch to over four feet. The soil overburden material likely developed from alluvial and eolian deposits of clay, silts, and sands. Over time, erosive forces of wind and water have influenced the soils on the site. Mobile soil particles, such as silt and clay, have eroded from higher topographic positions and have been re -deposited in lower areas. Therefore, swale areas may have finer textured soils than ridgetops. The aggregate deposits and loamy soil overburden material are underlain by a variable pattern of shale and sandstone parent materials. Mine Phasing Connell Resources anticipates mining and reclaiming the proposed Carr Pit East site in approximately 10 years. However, the rate of mining and overall life of the mine is dependent on several factors including product demand. Test pits have verified that commercial deposits of sand and gravel exist up to about 12 feet below the surface of the ground. In addition to the commercial sand and gravel materials, clay, silt, and other non -marketable materials excavated from the proposed permit area will be used on -site for reclamation. The mining plan currently includes mining in two phases; the first phase north of Lone Tree Creek and the second phase south of the creek (see Exhibit C-5, Pre-Mining/Mining Plan Map). Phase I (greater than or equal to about 102.7 acres) will generally be mined from the northwest to the southeast. When Phase I is complete, Phase II (greater than or equal to about 23.2 acres), the area south of Lone Tree Creek, will be mined from north to south. All necessary permits will be obtained and any special construction techniques will be used to reduce impacts to the ephemeral drainage. Mining will not occur within the Lone Tree Creek channel. Even though the proposed permit area will be mined in only two phases, integration of mining and reclamation is still applicable. In general, as the pit reaches its maximum depth and edges are completed, they will be backfilled and reclaimed. In areas where the final pit depth has been achieved and operations are no longer present, backfilling and reclamation of pit walls will extend onto the floor. Rough contouring of the pit floor with the Lone Tree Creek drainage will take place during mining while fine contouring and establishing final drainage patterns will be one of the last steps in the reclamation process. The contour blending will avoid steep transitions and create a topography that produces a smooth, relatively low velocity flow from the mined area to the adjacent creek drainage system. Overland flow patterns will be incorporated into this transition so as to connect the pit floor with existing shallow drainage swales. Mining Methods Groundwater is not expected to be encountered during mining and the deposit will be dry mined. Mining will proceed by first stripping and stockpiling topsoils and overburden. The exposed gravel will then be removed in lifts and transported off -site for processing. Since the material is unconsolidated deposits, no blasting is required. The Lone Tree Creek drainage does not have an associated regulatory floodplain within the proposed permit area. Because of the incised nature of the creek, wetland communities appear to Carr Pit East DRMS 112 Permit Application Page 6 be restricted to the channel and immediately adjacent areas, with a very steep and rapid transition to uplands. Mining will, therefore, occur adjacent to the creek drainage. A variable excavation buffer will leave enough elevation and distance to not disturb the creek channel and associated wetlands and minimize flooding of the pit floor during periods when the creek flows. Unlike most rivers and streams along the Front Range of Colorado, very little or no alluvial sand and gravel deposits are associated with the Lone Tree Creek channel. However, in some areas, the terrace deposits occur right up to the high and steep embankment of the incised creek channel. In these upland areas, aggregate will be excavated from the embankment, lowering the adjacent land surface to match the depth of the pit floor without disturbing the creek channel (see Exhibit C-5, Pre-Mining/Mining Plan Map). Earth Moving Areas to be mined are prepared by removal of topsoil and overburden. Each preparation area may be as much as 100 feet wide. Usually, only enough area is stripped and prepared to provide the estimated needs for the next 10 to 14 months of mining. Where it is found, surface topsoil material will be stripped separate from the underlying, deeper subsoil or overburden material. This topsoil layer contains most of the soils organic matter and will be stockpiled separately for use in reclamation. Once the surface layer has been removed, the rest of the overburden will be stripped and stockpiled separate from the surface layer. The active mining face will extend no more than 1,000 feet in length. During mining and prior to reclamation, the mine walls will be a nearly vertical to 1/2H:1 V slope (see Exhibit C-5, Pre- Mining/Mining Plan Map). Mining will progress down to the depth of quality aggregate material or 8 to 12 feet below the surface. As the mining face progresses, pit sidewalls behind the mining activities will be reclaimed. So reclamation activities do not interfere with mining operations, pit sidewalls may extend 500 feet behind the active mining face without being reclaimed. The aggregate material will be recovered using equipment typical for sand and gravel mining operations. Earth moving equipment may include, but are not limited to dozers, loaders, scrapers, and excavators. The aggregate material from the pit will be temporarily stockpiled within the pit or transported directly off -site for processing. During mining and reclamation activities, watering trucks for dust control will be used as needed. Setbacks from the mine pit top of slope to the proposed permit boundary will be 50 feet or greater. Setbacks from near vertical mining excavations to the permit boundary will be a minimum of three times the adjacent pit depth to mitigate stability risks. Setbacks will also be maintained for potential side slope reclamation if "cut and fill" sloping is required, as discussed further in Exhibit E, Reclamation Plan. The need for "cut and fill" reclamation will be determined during the mining operation once overburden quantities and general pit depths are verified. Topsoil and overburden material excavated from the pit will be stockpiled and used for backfilling mine pit slopes and other reclamation activities. The non -marketable material stockpiles will be created adjacent to the areas that will be backfilled, but not within the Lone Tree Creek drainage area susceptible to flooding. When sufficient material is available in the stockpile, the material will be backfilled into previously mined areas. Carr Pit East DRMS 112 Permit Application Page 7 The side slopes of the mine pit will be backfilled, graded to a minimum 3H: 1V slope, and seeded as mining progresses. Approximately 15,000 feet of pit side slopes will be created during mining. Since reclamation is anticipated to be concurrent with mining operations, the actual length of side slope requiring backfilling and grading at any point in time is expected to be far less than 15,000 feet. Although the pit depth is estimated to be between 8 and 12 feet, the average pit depth, and side slope, is anticipated to be near 10 feet. Once backfilling and final grading has been completed in an area, the top of the slope and the side slopes will be seeded as soon as practicable (based on first available seeding season). Since reclamation will take place concurrently with mining, large and long-term topsoil and overburden stockpiling is not anticipated. Topsoil and overburden stockpiles will be configured to have side -slopes no steeper than 2H:1 V. If the stockpiles are inactive for more than one growing season they will be seeded with the fast growing grass seed mixture in the table below. However, since the stockpile materials will continually be used for reclamation, the stockpiles will likely be disturbed on a frequent basis and seeding the stockpiles may not be practical during the course of the operation. If stockpile seeding is not used, surface roughening will be maintained to limit wind and water erosion. Stockpile Grass Seed Mixture Grass Species Rate (lbs PLS/acre) Intermediate Wheatgrass 5.0 Blue Grama 1.0 Triticale 1.25 Rates are for broadcast seeding. In order to gain an understanding of the extent of the mining operation, it is helpful to know the acres disturbed by different aspects of the mining operation. Each aspect is listed in the following table with associated disturbed area. The table illustrates a point in time where the mining disturbance could be at its maximum. At the proposed Carr Pit East site, it is assumed that the mining disturbance will be at its greatest midway through Phase I. During this scenario, no reclamation will have been performed on the active mining face, approximately 500 feet of side slope on both sides of the mining face, and about half of the exposed pit bottom. Since backfilling side slopes and the active mining face to a minimum 3H:1 V slopes is more costly than "cut and fill" sloping, backfilling will be used to estimate reclamation costs (see Exhibit L). Carr Pit East DRMS 112 Permit Application Page 8 Mine Operation Aspects and Disturbance Areas Mining OperationDisturbed AspectArea (acres) Active Mining Area: 1. Near vertical active mining face (1,000 linear feet). 2. Pre -stripped area in anticipation of mining A (1,000 feet by 100 feet = 2.3 acres). 13.8 3. Near vertical un-reclaimed pit side slopes (500 linear feet on each side of mining face). 4. Un-reclaimed it floor (11.5 acres). Partially Reclaimed Mining Area: B 1. Pit side slopes (2,000 linear feet) dozed/backfilled to 3H:1V. 12.5 2. Partially reclaimed it floor. Miscellaneous Disturbed Areas: C 1. Internal haul roads. 2 0 2. Main access road to Connell Carr Pit (M-2014-001). 3. Other areas disturbed b minin activities. Final Reclamation: D 1. Seeding. NA 2. Re -seeding Total Disturbed Area 28.3 Diversions and Impoundments The existing grade of the proposed permit area generally drains to the existing Lone Tree Creek drainage. Stormwater that falls directly on disturbed areas will be generally drain to the mine pit and allowed to infiltrate. The active mine pit will effectively contain stormwater flows and prevent surface runoff from disturbed areas of the site. Stormwater not encountering disturbed areas will be allowed to drain to Lone Tree Creek. Material Processing and Associated Facilities Excavated materials will not be processed on -site. Pit run material will be hauled or conveyed to the adjacent Connell Car Pit (M-2014-001) for processing or hauling off -site as pit run for direct use or processing elsewhere. No structures will be established on -site. Employee parking, equipment maintenance, and equipment storage shall take place on the Connell Carr Pit site (M-2014-001). Commodities to be Mined and Intended Use Sand and gravel for use as construction materials will be the primary products produced from the proposed Carr Pit East site. Test pits have verified that commercial deposits of sand and gravel Carr Pit East DRMS 112 Permit Application Page 9 exist up to about 12 feet below the surface of the ground. In addition to the commercial sand and gravel materials, clay, silt, and other non -marketable topsoil and overburden materials will be used on -site to for reclamation. Use of Explosives Since the material is unconsolidated deposits, no explosives or blasting is required. Carr Pi i East DRMS 112 Permit Application Page 10 EXHIBIT E Reclamation Plan This plan covers the proposed Carr Pit East and does not change the existing Connell Carr Pit (M-2014-001) reclamation plan. Final Proposed Land Use The current land use for the Carr Pit East property is rangeland. The use of this land is not expected to change. Most of the land surrounding the proposed permit area has similar uses of rangeland and open space. With so much open, undeveloped land in the surrounding area, maintaining this land as rangeland is consistent with the more regional land uses. General Overview of the Reclamation Plan Reclamation of the proposed permit area is fairly straightforward. Much of the pit, after mining, will contain a pit floor that gently slopes toward Lone Tree Creek. The pit floor will be blended into the Lone Tree Creek valley and drainage and will be connected to existing drainages. Reclaimed mine pit side slopes will be created from backfill with overburden and, if necessary, a combination of "cut and fill" so as to preserve overburden for use in establishing a plant growth medium elsewhere in the reclamation. All areas disturbed by mining activities will be prepared with topsoil and overburden and revegetated during reclamation. Revegetation will generate a blend of grass species and, given suitable precipitation, should produce good vegetation cover over much of the reclaimed site. In general, shallower reclaimed slopes will provide easier access during reclamation and safer access for ranching equipment following mining. Shallower slopes will also aid in establishing vegetation growth and minimize erosion. Although pit side slopes will be backfilled and graded to blend into the adjacent topography, no slopes will be reclaimed any steeper than 3H:lV. Grading of pit side slopes and the pit bottom will attempt to adhere to the surrounding natural drainage patterns. Roads not necessary for future access and other disturbed areas will be reclaimed with topsoil and overburden replacement and vegetative cover to stabilize the areas and minimize erosion. Reclamation Measures/Materials Handling All available topsoil and overburden material will be used for reclamation. Similar to mining, earth moving equipment may include, but are not limited to dozers, loaders, scrapers, and excavators. Additional farm equipment for grading and seeding may be used for revegetation activities. Carr Pit East DRMS 112 Permit Application Page 11 Materials Handling - Bacllling The pit floor will receive only enough backfill to create final grading for drainage and to establish a growth medium for revegetation. The pit slopes will require backfilling to achieve final reclaimed slopes of at least 3H: 1V (see Exhibit F, Reclamation Plan Map). Because of the pit size and possible limited overburden, it may not be possible to achieve complete side slope reclamation by backfilling with available overburden material. In addition to the side slopes, overburden material may also be required to cover the pit floor for drainage grading and to establish a vegetation growth medium. The result is, depending upon the amount of overburden material recovered and available for reclamation, side slope backfilling may need to be enhanced with an initial "cut and fill" of the near vertical side slopes (see Exhibit F, Reclamation Plan Map). The degree of "cut and fill" required, if any, will be determined during mining as overburden material quantities and pit depths are verified. Materials Handling - Grading The 3H: 1 V pit side slopes will be graded to transition into the relatively flat pit floor. Grading of the pit floor may leave a subtle rolling topography rather than a completely flat bottom depending on varying depths of the sand and gravel deposit. The variations in topography will not create water catchment areas, but shall be graded to drain freely. The gentle slope of the topography will control water flow and create a variety of microenvironments for vegetation growth. The side slopes will also not be graded smooth, but will contain a low profile ridging pattern that follows the contour. Final grading that leaves this type of ridging pattern helps to capture water for plant growth as well as reduce the velocity of runoff and slope erosion. On these slopes, erosion may present a maintenance issue for the first year or two of revegetation if there are large drenching thunderstorms, but more normal low intensity thunderstorms should not create more than minor rilling. Blending of the pit into the Lone Tree Creek drainage will be important to prevent pooling of water in the pit bottom and to avoid creating a steep slope at the pit edge that encourages erosion. The final grading of this transition area will blend the topographic contouring from the pit floor with the undisturbed topography beyond the pit edge. Some of this transition area will involve lowering the high, steep embankment associated with the incised creek channel, while other areas will transition into lower terraces that separate the mine excavation from the ephemeral channel (see Exhibit F, Reclamation Plan Map). All backfilling and grading will be done to stabilize the material and control erosion. Final grading and seeding will be done as soon as possible after backfilling, grading, and topsoiling have been completed. There will not be known toxic or hazardous materials in the backfill material. The reclamation will not leave high walls on the property. In addition, there will be no auger holes, excavations, or shafts left on the property. Carr Pit East DRMS 112 Permit Application Page 12 Topsoil and Revegetation ation The growth medium for revegetation will be a combination of overburden and topsoils. Unfortunately, there is not a large quantity of quality topsoil available at the site. The topsoil is only marginally different from the overburden, with its main distinction being slightly higher in organic matter. Because of its thin and scarce occurrence, true topsoil stripping will likely incorporate some of the underlying silty clay overburden material. Every effort will be made to separate true topsoil stripping, but even with the incorporation of some overburden material, it is not anticipated that large quantities of the topsoil/overburden growth medium will be available for reclamation. Because of its limited availability, the topsoil/overburden growth medium may not be placed evenly over the entire site. The floor of the pit will likely need less growth medium because moisture accumulation there will help vegetation growth and new soil development. Therefore, only about six inches of the topsoil/overburden growth medium will be placed on the pit floor. The same dressing will be used for areas where stockpiles, access roads, or mining structures have been removed and the underlying material has been scarified in preparation for reclamation. A minimum of one foot of growth medium will be placed on backfilled or otherwise created pit slopes. The extra thickness of growth medium will help to retain moisture on the slopes and provide a deeper rooting zone to help protect against erosion. For slopes created by backfilling, growth medium will go on top of a considerable depth of overburden, but for slopes created from a "cut and fill" approach, the thickness of growth media will be an important top -dressing. When spreading growth medium on slopes, the same requirements for general grading will be followed. Final grading prior to seeding will only follow the contours of the slope, creating ridging patterns that follow the contour, and will never produce tracks up and down the slope. Planting of the site will be done as areas are finished with preparation after grading and spreading topsoil/overburden growth medium. Planting will occur seasonally to allow for timely germination with available moisture and to provide the highest possibility for growth success. If possible, planting will be performed between mid -November and the end of April. Drill seeding is the preferred method for revegetation. Grass seed should be planted with a drill equipped with depth bands and press wheels. On this site, broadcast seeding is not advisable as seed burial would be limited. If broadcast seeding is necessary on moist soils, steep slopes, or in excessively rocky areas, success can be encouraged by broadcasting onto growth medium that is very loose, such as occurs immediately after spreading the plant growth medium. If the seed is broadcast in those circumstances, then the seeded area will be dragged to help bury the seed. At this time, no mulch or fertilizer is being proposed. On west and south facing slopes, mulch may be applied if desired, but only if the mulch is very strongly crimped into the soil. On this site, straw mulch, unless well anchored would most likely just blow away, providing little benefit. If mulch is used, certified weed -less straw mulch at a rate of 2,000 pounds per acre should be applied. Fertilizer may be applied to re -soiled areas in a manner that will encourage emergence and survival of the grasses without encouraging competition from weeds. Starter fertilizer could be Carr Pit East DRMS 112 Permit Application Page 13 applied before, or at the time of, seeding. If necessary, full fertilization will be applied after emergence. However, any fertilization done following seeding should be done using a method that does not cause large scale disturbance of the surface. Fertilizer mixtures will be based upon soil tests made on samples taken from re -soiled areas prior to seeding. Based on recommendations from the Natural Resources Conservation Service, the seed mixture for the proposed permit area is similar to, but expanded from, the current permitted Connell Carr Pit (M-2014-001) reclamation seed mix. The recommended seed mixture for lands in the region of the proposed permit area is listed below. Revegetation Seed Mix Species Rate (lbs PLS/acre) Wheatgrass, Western 4.80 Grama, Sideoats 1.82 Grama, Blue 0.50 Green needlegrass 1.92 Buffalograss (bur) 1.65 TOTAL 10.69 Rates are for drill seeding. If broadcast seeding is used, double seeding rates. If a significant invasion of noxious weeds occurs after seeding, the weeds will be mowed before they can go to seed. The areas will be mowed periodically for additional control as needed. Mechanical control will be used as a first priority. Chemical methods will only be used if no other alternative produces acceptable results. Periodic inspection for noxious weeds, at least once a year early in the season, will be done. The weed inspection will search for not only the expected species but also any new List A or B species introductions. It is likely that non -noxious and List C species will also be found. Non - noxious weeds, which are often native invaders, do not need to be controlled, but if the population of a List C species is controllable then it will be included in the control program. List C noxious species are problematic but are usually not as serious as List B species. List B species in Colorado and utilized for Weld County weed management include, but may not be limited to: Absinth wormwood, Black henbane, Bouncingbet, Bull thistle, Canada thistle, Chinese clematis, Common tansy, Common teasel, Corn chamomile, Cutleaf teasel, Dalmatian toadflax, Dame's rocket, Diffuse knapweed, Eurasian watermilfoil, Hoary cress, Houndstongue, Jointed goatgrass, Leafy spurge, Mayweed chamomile, Moth mullein, Musk thistle, Oxeye daisy, Perennial pepperweed, Plumeless thistle, Quackgrass, Russian knapweed, Russian -olive, Salt cedar, Scentless chamomile, Scotch thistle, Spotted knapweed, Spurred anoda, Sulfur cinquefoil, Venice mallow, Wild caraway, Yellow nutsedge, and Yellow toadflax. Carr Pit East DRMS 112 Permit Application Page 14 All List A species must be eradicated by law. These weeds include African rue, Bohemian knotweed, Camelthorn, Common crupina, Cypress spurge, Dyer's woad, Elongated mustard, Giant knotweed, Giant salvinia, Hydrilla, Japanese knotweed, meadow knapweed, Mediterranean sage, Medusahead, Myrtle spurge, Orange hawkweed, Purple loosestrife, Rush skeletonweed, Squarrose knapweed, Tansy ragwort, and Yellow starthistle. The current complete list of noxious weed species and local management plans is available from the Weld County Weed Division. Wildlife Current wildlife conditions and potential impacts are described in Exhibit H, Wildlife Information. Water — General Requirement No groundwater is expected to be encountered in the mining and therefore groundwater in the area should not be affected. Although the pit floor will have a gentle, possibly rolling, topography as described above, discharge from the pit to the Lone Tree Creek drainage will still occur. Since the retention of water in the pit is not allowed under Colorado water law without prior approval, pit floor configurations will keep water draining without reaching high velocities that can cause rapid erosion. The discharge from the pit will be intentionally directed into existing drainageways associated with Lone Tree Creek. Thus, the edge of the pit will likely have not only a horizontal blending to produce smooth slope transitions, but it will be vertically variable to match rises and falls in the topography just beyond the pit edge. Initially, silt fence or other sedimentation best management techniques shall be installed in all significant drainages within about 50 feet of the edge of the affected land. Until the vegetation develops on the pit floor there will be a fair amount of sediment discharge from the regraded and seeded pit floor. These best management practices will aid in reducing the amount of sediment that leaves the affected land. No irrigation will be used in establishing the vegetation, so no water rights are required for those purposes. No water storage will occur in the pit. To minimize the effect on the prevailing hydrologic balance, the operator shall: a. Comply with all applicable Colorado water laws. b. Comply with all applicable Federal and State water quality laws and regulations. c. Comply with all Federal and State requirements for dredge and fill. d. Perform all work to minimize erosion and sediment transport. Current water resource conditions and potential surface water and groundwater impacts are described in Exhibit G, Water Information. Carr Pit East DRMS 112 Permit Application Page 15 Buildings and Structures There are no existing buildings or structures in the proposed permit area and no structures will be left following reclamation. Signs and Markers Permit notification signs will be placed and maintained at the entrance to the operation. The permit boundary will be identified where it is not already identified by fences or suitable markers. All signs and markers will be removed upon permit release. Carr Pit East DRMS 112 Permit Application Page 16 EXHIBIT F Reclamation Plan Map See attached map. Exhibit F: Reclamation Plan Map Carr Pit East DRMS 112 Permit Application Page 17 i I •t Ay - . \t I �. _ \ 1 A ♦ A { I PERMIT BOUNDARY " ^ 1^ 1 � r \\ \ -- 1 I \ TI H . �(POt VALLE'ryREA)) I 1 APPROXIMATE LUNG UNITS \ . \\\ \ // N - � \ \ i I I //,/// a IRE I - 1 1 / /- - - \ —..,. ... N N - / \\ \\\\ \ ` ♦ / / // f i'' ONE TRQE _ \\ \ ,� I / - \\ OVERHEAD NAI&YOTAGE ) o / / // /' ♦ \ 1 ` POWER LIES ♦ y - / I , G/ ' (INSTATE GENERATION \ AND TRANsyssdr)All - \ \ \ \ i _ • \ \ �\ \ / - - / OVERHEAD UTLRY LRE \ \ `4' }— L v V v I // OL (OIEVN{EY \ II \ . APPROfWATE TOP O SAINL / \- -_ \ ,-� _ toll. e -ACS k_ w�.—Ll .Ow.._.-_� - pTT . . .:* _ •-_- - - - - - ._-.... - - - - -ice ----.-_ -a --�!!. y I \ ` /_ - /: \\ v (TETILM QN>•q ASa01lyj \ ii .,- . _. \ y /I I \\ // 1 `a / y/ CARP. .� J - WELD COINyTY, � 4 f QG COLORADO WELD COUNTY ROAD{ . - . - / "-- ---- (WELpCOUNTYPUBLICWORKS) ----- .. .. ....__-- 1, El .11I 'I� IP IM':�'I goo 70 .a HIED Now_-_ (NFEETM T INCH • ]m FEET LEGEND PENT BOUNDARY U. EXISTING EXISTING S FOOT CONTOUR 4e70 EXISTING 2SFOOT CONTOUR 470D. EXISTING STRUCTIRIES • a PRCPOSEDS FOOT CONTOUR---487D— PROPOSED26FOOTCONTOUR TDD— NOTES' I TIE PROPOSED 11W. LATO USE FOR TIE CARR PIT EAST PROPERTY 6 RANOELAAO ] RECLAIMED MINE PIT SIDE ROPES MILL BE CREATED FROM MACNOII YOUTH OVERNI DCN AND, IF TECESSARY. A COMBINATION OF TAUT AND FO.- SO AS TO PRESERVE OVERBURDEN FOR 16E N ESTABL.611NG A PMT GROWTH REGAIN ELSEWHERE N THE RECLAMATION ] AVAILABLE TOPSOIL AND OVERBURDEN MATE RIM WILL BE USED FOR RECLAMATION 4 ALTHOUGH PR SAE SLOPES WLL. BE BAOEILLED AND GRADED TO WEND 1170 11* ADJACENT TOPOGRAPHY NO SLOPES WIS SE RECLAIMED ANY STEEPER THIN JH TV S GRIDNG WILL BLEIO THE PR FLOOR NTO TIE ION* TRH, U CWI K DRAINAGE SYSTEM S.O THAT SICIRMWA IF N Wit 11?HAN if' 1 l Y B lit GROWTH MEOAUM FORREVEGE TA IkN Wu 1111 A ')IMNNAIN OF OVERSURDENAND TOP90l I THE RECLAMATION SEED MIXTURE WAS PRO. uI1 IIIIY I'i NAI'. iHA1 RESOURCES CONSERVATION SERVE[ SNI (CIF 'Cat t r I CA nrt PROPOSED PERMIT AREA AND 6 LISTE U Of I OW RPYnvbdo. seed S» R■a (Ibs PI,S7xrc) WheBpass. West«D 4.8 Gsama. Sideoats 1.82 GLma. Blue 0.5 Greet Deediepass 1.92 Bafilopass (bit) 1.65 TOTAL 10.69 Rata are f« drill sealing If broedcat sedin is bed double wetting rata. S PERIODIC INSPECTION FOR NOXIOUS WEEDS. AT LEAST ONCE A YEAR EARLY N THE SEASON, WILL BE DONE AS PART OF A WEED MANAGE&EM PLAN 9 BEST WNA E&ENT PRACTICES MRL BE USED TO CONTROL E SITEF. AND STORANATFR SUSPENDED SPEED SED.UN ENI ROPT FROM TIE Sit it DURNO RECA/UNTION ACTIVITIES .•' .. I-.... — .f. _ •EFq)M&9, .• 'YVV V4YY MVV AAA 'S%: I.- rvl. �r B _ SD M H. y RE0.NYEB S- HISTORIC GROUND TOP SOIL 9 attic sa 0'-1Y II. _ _ _ -_ ..,. TOP SQL l OVI RSuaw. N BACXils MA LEPA. MUM BOOR TYPICAL BACKFILL RECLAMATION k -S hi i— 0 z I Ill Q rY II. D oo 1- O In 2 NW r LL 0 J ° U u1 z z z d_ z Q U Z a Q Q II J G PY1 Z a XI IIIQ Q Q D U T of 1 EXHIBIT G Water Information The proposed permit area is located in the southwest quarter of Section 22, Township 11 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado. The proposed permit area includes 166.1 acres. Introduction Lone Tree Creek, an ephemeral drainage system, bisects the southern portion of the proposed permit area from west to east. There are no other surface water resources near the site (see Exhibit C-4, Water Resource Map). The Lone Tree Creek drainage does not have an associated regulatory floodplain within the proposed permit area. Because of the incised nature of the creek, wetland communities appear to be restricted to the channel and immediately adjacent areas, with very steep and rapid transitions to uplands. Several shallow swales and head -cut erosion gullies drain to Lone Tree Creek within the proposed permit area, but no apparent defined channels or wetlands exist within these swales and gullies. Known Colorado Division of Water Resources registered and/or unregistered groundwater wells within 600 feet of the proposed affected area are illustrated on Exhibit C-4, Water Resource Map. However, the proposed mining operation does not anticipate encountering groundwater and no impacts to the surrounding groundwater hydrology are expected. Review of the construction logs from wells within 600 feet of the proposed permit area indicate static groundwater levels during well construction and pump installation to be between 20 feet and 50 feet below the ground surface. As stated previously, the aggregate deposit on the Carr Pit East site is expected to be relatively shallow, reaching a maximum depth of only about 12 feet below the ground surface. Additionally, non -mining related excavations on the property that extend to a depth below the aggregate deposit did not encounter groundwater. Groundwater on the Carr Pit East site will not be exposed during mining or reclamation. If groundwater is encountered, the area will be backfilled to a minimum two (2) feet above the normal groundwater elevation and a well permit and approved augmentation plan will be obtained from the Colorado Division of Water Resources before groundwater is exposed. Potential Mining and Reclamation Impacts The proposed mining operation will have no effect on site water resources. Water is primarily used for dust control and shall be trucked from off -site sources, including a permitted well on the existing Tucker Aggregate Pit (M-1980-002). See attached Office of the State Engineer well permit application and revised conditions of approval. Water use for washing of product materials is not anticipated. As discussed in previous sections, the operation is not expected to encounter groundwater during mining and stormwater will not be retained in the active mine pit or in the reclaimed pit area. Carr Pit East DBMS 112 Permit Application Page 18 Water Quality Mining and reclamation operations shall comply with Colorado Department of Public Health and Environment Colorado Discharge Permitting System (CDPS) for stormwater management. A permit will be obtained that includes the continued updating and implementation of a site Stormwater Management Plan designed to prevent the contact and transport of potential contaminants to surface waters by stormwater flows. Due to the absence of large quantities of potential pollutants on site, the mining and reclamation operations will not affect groundwater quality on or off the site. As stated above, mining and reclamation activities shall operate under a CDPS permit and Stormwater Management Plan. The plan provides for regular inspections of potential contaminant areas such as mobile equipment and fuel or lubricant storage locations. Inspections and best management practices are incorporated into the plan to protect both surface and groundwater quality. Carr Pit East DRMS 112 Permit Application Page 19 Form No. OFFICE OF THE STATE ENGINEER GWS-25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 /%tTh A$i5A1 APPLICANT LIC WELL PERMIT NUMBER 25144 -F R DIV. 1 WD I DES. BASIN MD APPROVED WELL LOCATION WELD COUNTY SW 1/4 NE 1/4 Section 17 CONNELL RESOURCES INC Township 11 N Range 67 W Sixth P.M. 7785 HIGHLAND MEADOWS PKWY DISTANCES FROM SECTION LINES SUITE 100 2540 Ft. from North Section Line FORT COLLINS, CO 80528- 2440 Ft. from East Section Line (970) 223-3151 UTM COORDINATES (Meters.Zone:13,NAD83) PERMIT TO CONSTRUCT A WELL tasung: ivortnmg: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief In a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(4) for the replacement of an existing well, permit no. 25144-F. Upon completion of the new well, the old well must be plugged and abandoned in accordance with Rule 16 of the Water Well Construction Rules. A Well Abandonment Report form must be submitted within sixty (60) days of abandonment of the old well. 4) The use of ground water from this well is limited to commercial purposes associated with aggregate extraction in Sections 17 and 21, Twp. 11 N, Rng. 67 W, Sixth P.M. 5) The pumping rate of this well shall not exceed 150 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed 50 acre-feet. 7) Production is limited to the Upper Laramie aquifer which is located approximately 40 feet below land surface and extends to a depth of approximately 1100 feet. Plain casing must be installed and grouted to prevent the withdrawal of ground water from other aquifers and the movement of ground water between aquifers. 8) The entire length of the hole shall be geophysically logged as required by Rule 9 of the Statewide Nontributary Ground Water Rules prior to installing casing. 9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 10) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 11) This well shall be constructed at least 600 feet from any existing well, completed in the same aquifer, that is not owned by the applicant. 12) This well shall be constructed not more than 200 feet from the location specified on this permit. 13) This well is subject to administration by the Division Engineer in accordance with applicable decrees, statutes, rules, and regulations. NOTE: The ability of this well to withdraw its authorized amount of water from this non-renewable aquifer may be less than the 100 years upon which the amount of water in the aquifer is allocated, due to anticipated water level declines. NOTE: To ensure a maximum productive life of this well, perforated casing should be set through the entire producing interval of the approved zone or aquifer indicated above. NOTE: This permit will expire on the expiration date unless the well Is constructed and a pump is installed by that date. A Well Construction and Test Report (GWS-31) and Pump Installation and Test Report (GWS-32) must be submitted to the Division of Water Resources to verify the well has been constructed and the pump has been installed. A one-time extension of the expiration date may be available. Contact the DWR • for additional information or refer to the extension request form (GWS-64) available at: http://www.water.state.co.us ar I,fi APPROVED SRB :.. State Engineer Receipt No. 3669507 DATE ISSUED 05-28-2015 XPIRATION DATE 05-28-2016 $ Connell Resources, Inc. Mailing address 7785 Highland Meadows city Fort Collins Telephone # (area code a number) _...__- 970-223-3151 U Construct new well ® Replace existing well ❑ Change source (aquifer) ❑ COGCC Well 3. Refer To (if aplica Wellperrrv # — 25144-F DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST, RM 821, DENVER, CO 80203 Main: (303) 866-3581 Fax: (303) 866-2223 dwrDermitsordinLdtstateco.t GENERAL PURPOSE Water Well Permit Application Review Instructions on reverse side prior to completing form. The form must be computer generated, typed or In black or blue ink. 1. Applicant Information 8.UseOfWeli(�eckappicableboxes Attach a detailed description of uses applied for. ❑ Industrial ❑ Dewatering System ❑ Municipal ❑ Geothermal (production or reinjection Ste 100 ❑ Irrigation Other (describe): 80528 Commercial CO Use Only Form GWS-45 (0712013) RECEIVED ins 150 MAY 0 52015 gpm 150 acre-feet ------------------------------ U Use existing welt TOW depth Aquar ❑ Change or increase use 900 feet tall unnamed aquifer ❑ Reapplication (expired permit) 8. Land On Which Ground Water Will Be Used Other: —--___.___ Legal Description of Land (maybe provided as an auaavnent): per Cdet case N Section 17,Township 11 N, Range 67W, sixth PM Yell tame or # Section 21,Township 11 N, Range 67W, sixth PM -------------------------------- County o sed ell DRM Weld SW iraofthe NE v4 Section Township Nor S Range Ear W J Principal Meriden 17 ill RI CI 67 El El I6 Distance of well from section lines (section lines are typically not property lines) 2540 Ft from R N 1S 2440 Ft frorrIE ❑W For replacement welts oily — distance and direction from old welt to new well 200 feet East or South direction Well location address (Indude City. State. Zip) ❑ Check if well address same as in Item 1. Optional: GPS well location information in UTM format You must check GPS unit for required settings as follows. Format must be UTM _ TI Zone 12 oru Zone 13 I Eastin g t ngrpg erg 11th Units must be Meters 1c"4'd. Datum must be NA0e3 Northing Office Use Only Urtit must be set to bus north i Was GPS unit checked for above? ❑ YES € Remember to set Datum to NAD83 USES rep name — Y 5. Parcel On Which Well Will Be Located ---- --- ATTACH A CURRENT DEED FOR THE SUBJECT PARCEL) .(PLEASE A. Legal Description (maybe provided as an abachment)-- 0 61)) of SW 1/4 of NE 1/4 of Section 17,Twp 11N, Range 67W, 6th PM S - M -1980 -002 -Tucker & M-2014-001- Connell -Carr (If used for crop irrigation, attach a scaled map that shows irrigated area.) A. # acres i B. Owner -"___.._ ..... ........ _..__..._. _. C. List any otter wens or water rights used on this land. 9. Proposed Well Driller License #(optional): 10. Sign or Entered Name Of Applicant(s) Or Authorized Agent The making of false statements herein constitutes perjury in the second degree, which is punishable as a class 1 misdemeanor pursuant to C.R.S. 24-4-104 (13)(a). I have read the statements herein, know the contents thereof and state that the are true to m knowledge. Sign a t nerre(s n(s submitting application Date (M-"dtyyyy) --- AQUAMAP B. # o! acres in parcel C. Owner Terry Grazing Assn _ WR O. Will this be the only well on thusCW parcel? � YES] NO (if no list other wells) cwce TOPO E. State Parcel t0# (optional): MYLAR SB5 Fl map no receipt area only )/lfa( 1%Yc1 o low pcv- f ransaction #. 3669507 DRfo 5P /7015 12:23:40 PM €ransaction Total 3100.00 CHECK #297107 3100.00 DIV I WD 0 BA MD g Q COLORADO WELL PERMIT NUMBER 25144 -F -R Division of Water Resources Deparunent of Natural Resources RECEIPT NUMBER 3669507 ORIGINAL PERMIT APPUCANT(S) CONNELL RESOURCES INC PERMIT TO CONSTRUCT A NEW WELL APPROVED WELL LOCATION Water District: Water Division: 1 Designated Basin: N/A Management District N/A County: WELD Parcel Name: N/A Physical Address: N/A SW 1/4 NE 1/4 Section 17 Township 11.0 N Range 67.0 W Sixth P.M. UTM COORDINATES (Meters. Zone: 13. NAD83) Easting: 507172.2 Northing: 4530023.5 ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civic court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Welt Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(4) for the replacement of an existing well, permit no. 25144-F. Upon completion of the new well, the old welt must be plugged and abandoned in accordance with Rule 16 of the Water Well Construction Rules. A Welt Abandonment Report form must be submitted within sixty (60) days of abandonment of the old well. 4) CONDITION REVOKED ON 01/31/2020 REPLACED BY CONDITION #5. The use of ground water from this welt is limited to commercial purposes associated with aggregate extraction in Sections 17 and 21, Twp. 11 N, Rng. 67 W, Sixth P.M. 5) The use of ground water from this well is Limited to commercial purposes associated with aggregate extraction. 6) The pumping rate of this well shall not exceed 150 GPM. 7) The average amual amount of ground water to be appropriated shall not exceed 50 acre-feet. 8) Production is limited to the Upper Laramie aquifer which is located approximately 40 feet below land surface and extends to a depth of approximately 1100 feet. Plain casing must be installed and grouted to prevent the withdrawal of ground water from other aquifers and the movement of ground water between aquifers. 9) The entire length of the hole shall be geophysically logged as required by Rule 9 of the Statewide Nontributary Ground Water Rules prior to installing casing. 10) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number (s) as appropriate. The owner shalt take necessary means and precautions to preserve these markings. 11) A totalizing flow meter must be Installed on this wetland maintained In good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 12) This well shalt be constructed at least 600 feet from any existing well, completed in the same aquifer, that is not owned by the applicant. 13) This well shalt be constructed not more than 200 feet from the Location specified on this permit. This well is subject to administration by the Division Engineer in accordance with applicable decrees, statutes, rules, and regulations. NOTE: The ability of this well to withdraw its authorized amount of water from this non-renewable aquifer may be less than the 100 years upon which the amount of water in the aquifer is allocated, due to anticipated water level declines. NOTE: To ensure a maximum productive life of this welt, perforated casing should be set through the entire producing Interval of the approved zone or aquifer indicated above. Printed 01.31.2020 For questions about this permit caU 303.866.3581 or go to www.water.state.co.us Page 1 of 2 WELL PERMIT NUMBER 25144 -F -R RECEIPT NUMBER 3669507 NOTE: This permit will expire on the expiration date unless the well is constructed and a pump Is installed by that date. A Well Construction and Test Report (GWS-31) and Pump Installation and Test Report (GWS-32) must be submitted to the Division of Water Resources to verify the well has been constructed and the pump has been installed. A one-time extension of the expiration date may be available. Contact the DWR for additional information or refer to the extension request form (GWS-64) available at http://www.water.state.co.us Date Issued: 5/28/2015 Issued By SARAH BRUGKER Expiration Date: 5/28/2016 PERMIT HISTORY 01-31-2020 PERMIT AMENDMENT (CONDITIONS) Printed 01-31.2020 For questions about this permit call 303.866.3581 or go to www.water.state.co.us Page 2 of 2 EXHIBIT H Wildlife Information To evaluate potential wildlife habitat impacts from the proposed operation, information was gathered from the Natural Diversity Information Source (NDIS) as well as publications associated with the Pawnee National Grasslands to the east of the site. The NDIS combines plant and animal abundance data from the Colorado Division of Wildlife (CDOW) and other Colorado natural resource agencies to be used for land -use analyses and decisions. The proposed permit area is managed rangeland with mining activities on adjacent properties. The site primarily contains upland rangeland with isolated areas of water, riparian, and wetland habitats. Upland areas consist primarily of native and introduced grasses while isolated stands of cottonwood and other riparian and wetland vegetation are found along Lone Tree Creek. There are no known federally threatened, endangered, or candidate species within the proposed site boundary. Federally threatened, endangered, or candidate species that could potentially be found in Weld County or that could potentially be affected by projects in Weld County include the Preble's meadow jumping mouse, interior least tern, Mexican piping plover, whooping crane, pallid sturgeon, Colorado butterfly plant, Ute ladies' -tresses orchid, and the western prairie fringed orchid. None of these species have been observed or documented within the proposed site boundary. Colorado state threatened, endangered, and species of concern that could potentially be found in Weld County or that could potentially be affected by projects in Weld County include the black - tailed prairie dog, Northern river otter, swift fox, American peregrine falcon, bald eagle, ferruginous hawk, greater sandhill crane, long -billed curlew, mountain plover, Western burrowing owl, Western snowy plover, plains minnow, suckermouth minnow, brassy minnow, common shiner, Iowa darter, stonecat, common garter snake, and Northern leopard frog. For many of these species, potentially suitable habitat does not exist within the proposed amendment area. Potentially suitable habitat does exist within the proposed amendment area for mammal and bird species such as, the black -tailed prairie dog, swift fox, mountain plover, and Western burrowing owl. Black -tailed prairie dogs and their burrows have been observed on the proposed site. No potential raptor nests were found in or near the project area. The Lone Tree Creek drainage within the proposed permit area could provide potential habitat for the common garter snake. Many birds may use habitats similar to those found at the proposed amendment area, either year- round, seasonally for nesting, or temporarily for roosting during migration. Some of the common or abundant species could include robins, orioles, starlings, swallows, magpies, wrens, longspurs, lark bunting, doves, kingbirds, and blackbirds. Because of the lack of open water habitat within and near the proposed permit area, shore birds and waterfowl are not likely to be present. It could be expected that most mammals common or abundant in Weld County would not be found near or within the proposed permit area. Smaller mammals that might be found at the Carr Pit East DRMS 112 Permit Application Page 20 proposed project site might include mice, voles, gophers, rabbits, raccoons, and skunks. Some of the larger mammals could include both mule and white tailed deer, antelope, coyote, and fox. The mining and reclamation activities may disturb some of the wildlife within the proposed permit area and adjacent area. However, the activities will be confined to specific areas and total disturbance at one time will be limited. Impacts to wildlife following reclamation will be minimal. After removal of the gravels and the creation of a basin within the mine pit, wildlife habitat could be better on the bottom of the pit where vegetation growth may be more abundant. Grading of the mine pit into the Lone Tree Creek drainage may also improve the creek's connection with the surrounding flood area, potentially creating better vegetation growth conditions and an increase in wildlife utilization. However, water availability will still be limiting. The Lone Tree Creek drainage will likely still be the primary wildlife habitat in the area. Carr Pit East DRMS 112 Permit Application Page 21 EXHIBIT I Soil Information At the end of this exhibit are some printouts from the NRCS website that describe many of the typical characteristics of the soils present on the site. Please refer to Exhibit C-2, Soils Map, for an illustration showing the distribution of the soils. According to the Web Soil Survey (United States Department of Agriculture, NRCS, 2004) of the proposed permit area, there are three major soil types within the proposed project site: 1. Altvan and Ascalon fine sandy loamy and 2. Peetz gravely sandy loam. The location of these soil types is illustrated on Exhibit C-2, Soils Map. Traditional organic topsoil on most of the site is thin or non-existent. Most of the soils are shallow to deep loamy that are well drained. Over most of the identified sand and gravel deposit is a loamy, wind -mixed veneer layer of soil overburden material varying in depth from less than one inch to over four feet. The soil overburden material likely developed from alluvial and eolian deposits of clay, silts, and sands. Over time, erosive forces of wind and water have influenced the soils on the site. Mobile soil particles, such as silt and clay, have eroded from higher topographic positions and have been re -deposited in lower areas. Therefore, swale areas may have finer textured soils than ridgetops. Altvan and Ascalon Fine Sandy Loams The Altvans and Ascalons are found on level and nearly level (0 to 6 percent slopes) land forms. Located on loamy plains throughout the area, these soil types are well drained and classified as Hydrologic Soil Group B. They are also the most dominant soil types within the proposed project site. The water table is typically more than 80 inches below the soils. Areas containing these soils are used mainly for rangeland and wildlife habitat. Their water holding capacity is low to moderate and typically do best as seeded rangeland. These soils produce low plant densities of Blue GramalBuffalo Grass sod with excessive ground litter. Peetz Gravely Sandy Loam The Peetz is found on 5 to 20 percent slopes and located on land form breaks and ridges. This soil type is somewhat excessively drained and classified as Hydrologic Soil Group A. The water table is typically more than 80 inches below the soil. Areas containing this soil type are used mainly for rangeland and wildlife habitat. Its water holding capacity is low and typically supports Blue Grama sod with bare ground, cryptogam, and annual plant communities. Carr Pit East DRMS 112 Permit Application Page 22 Map Unit Description: Altvan fine sandy loam, 0 to 6 percent slopes ---Weld County, Colorado, Northern Part Weld County, Colorado, Northern Part 1—Altvan fine sandy loam, 0 to 6 percent slopes Map Unit Setting Elevation: 3,500 to 5,500 feet Mean annual precipitation: 14 to 16 inches Mean annual air temperature: 46 to 48 degrees F Frost -free period: 130 to 150 days Map Unit Composition Altvan and similar soils: 85 percent Minor components: 15 percent Description of Altvan Setting Landform: Plains Down -slope shape: Linear Across -slope shape: Linear Parent material: Calcareous gravelly alluvium Properties and qualities Slope: 0 to 6 percent Depth to restrictive feature: 20 to 40 inches to strongly contrasting textural stratification Drainage class: Well drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.20 to 2.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 15 percent Available water capacity. Low (about 4.6 inches) Interpretive groups Farmland classification: Farmland of statewide importance Land capability classification (irrigated): 3e Land capability (nonirrigated): 4e Hydrologic Soil Group: B Ecological site: Loamy Plains (R067BY002CO) Typical profile 0 to 6 inches: Fine sandy loam 6 to 22 inches: Sandy clay loam 22 to 27 inches: Sandy clay loam 27 to 60 inches: Gravelly coarse sand Minor Components Ascalon Percent of map unit: 5 percent USDA Natural Resources Web Soil Survey 11/20/2013 Conservation Service National Cooperative Soil Survey Page 1 of 2 Map Unit Description: Ascalon fine sandy loam, 0 to 6 percent slopes ---Weld County, Colorado, Northern Part Weld County, Colorado, Northern Part 4 —Ascalon fine sandy loam, 0 to 6 percent slopes Map Unit Setting Elevation: 4,500 to 6,500 feet Mean annual precipitation: 13 to 17 inches Mean annual air temperature: 46 to 57 degrees F Frost -free period: 130 to 160 days Map Unit Composition Ascalon and similar soils: 85 percent Minor components: 15 percent Description of Ascalon Setting Landform: Plains Down -slope shape: Linear Across -slope shape: Linear Parent material: Calcareous loamy alluvium Properties and qualities Slope: 0 to 6 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.60 to 2.00 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 (0.0 to 2.0 mmhos/cm) Available water capacity: Moderate (about 6.9 inches) Interpretive groups Farmland classification: Farmland of statewide importance Land capability classification (irrigated): 3e Land capability (nonirrigated): 3e Hydrologic Soil Group: B Ecological site: Loamy Plains (R067BY002CO) Typical profile 0 to 8 inches: Fine sandy loam 8 to 22 inches: Sandy clay loam 22 to 60 inches: Sandy loam Minor Components Olney Percent of map unit: 8 percent USDANatural Resources Web Soil Survey 11/20/2013 Conservation Service National Cooperative Soil Survey Page 1 of 2 Map Unit Description: Cascajo gravelly sandy loam, 5 to 20 percent slopes ---Weld County, Colorado, Northern Part Weld County, Colorado, Northern Part 20—Cascajo gravelly sandy loam, 5 to 20 percent slopes Map Unit Setting Elevation: 4,000 to 5,000 feet Mean annual precipitation: 11 to 13 inches Mean annual air temperature: 52 to 54 degrees F Frost -free period: 120 to 160 days Map Unit Composition Cascajo and similar soils: 85 percent Minor components: 15 percent Description of Cascajo Setting Landform: Breaks, ridges Down -slope shape: Linear Across -slope shape: Linear Parent material: Calcareous gravelly alluvium Properties and qualities Slope: 5 to 20 percent Depth to restrictive feature: More than 80 inches Drainage class: Excessively drained 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: 25 percent Maximum salinity: Nonsaline (0.0 to 2.0 mmhos/cm) Available water capacity: Low (about 3.9 inches) Interpretive groups Farmland classification: Not prime farmland Land capability (nonirrigated): 7s Hydrologic Soil Group: A Ecological site: Gravel Breaks (R067BY063CO) Typical profile 0 to 3 inches: Gravelly sandy loam 3 to 24 inches: Very gravelly loamy sand 24 to 60 inches: Very gravelly sand Minor Components Stoneham Percent of map unit: 14 percent USDA Natural Resources Web Soil Survey 11/20/2013 Conservation Service National Cooperative Soil Survey Page 1 of 2 Map Unit Description: Haverson loam, 0 to 3 percent slopes ---Weld County, Colorado, Northern Part Weld County, Colorado, Northern Part 29—Haverson loam, 0 to 3 percent slopes Map Unit Setting Elevation: 3,500 to 6,000 feet Mean annual precipitation: 12 to 17 inches Mean annual air temperature: 46 to 54 degrees F Frost -free period: 125 to 180 days Map Unit Composition Haverson and similar soils: 90 percent Minor components: 10 percent Description of Haverson Setting Landform: Flood plains, stream terraces Down -slope shape: Linear Across -slope shape: Linear Parent material: Stratified, calcareous loamy alluvium Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 2.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 15 percent Gypsum, maximum content- 1 percent Maximum salinity: Nonsaline to slightly saline (0.0 to 8.0 mmhos/cm) Available water capacity: High (about 9.6 inches) Interpretive groups Farmland classification: Prime farmland if irrigated and either protected from flooding or not frequently flooded during the growing season Land capability (nonirrigated): 4c Hydrologic Soil Group: B Ecological site: Overflow (R067BY036CO) Other vegetative classification: OVERFLOW (067BY036CO) Typical profile 0 to 12 inches: Loam 12 to 60 inches: Stratified sandy loam to loam Minor Components Nunn Percent of map unit: 6 percent USDA Natural Resources Web Soil Survey 11/20/2013 Conservation Service National Cooperative Soil Survey Page 1 of 2 Map Unit Description: Peetz gravelly sandy loam, 5 to 20 percent slopes --Weld County, Colorado, Northern Part Weld County, Colorado, Northern Part 51—Peetz gravelly sandy loam, 5 to 20 percent slopes Map Unit Setting Elevation: 3,500 to 6,500 feet Mean annual precipitation: 15 to 19 inches Mean annual air temperature: 48 to 50 degrees F Frost -free period: 120 to 150 days Map Unit Composition Peetz and similar soils: 80 percent Minor components: 20 percent Description of Peetz Setting Landform: Breaks, ridges Landform position (two-dimensional): Backslope, shoulder Down -slope shape: Linear Across -slope shape: Linear Parent material: Calcareous gravelly alluvium Properties and qualities Slope: 5 to 20 percent Depth to restrictive feature: More than 80 inches Drainage class: Somewhat excessively drained 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: 20 percent Available water capacity: Low (about 3.1 inches) Interpretive groups Farmland classification: Not prime farmland Land capability classification (irrigated): 6e Land capability (nonirrigated): 6e Hydrologic Soil Group: A Ecological site: Gravel Breaks (R067BY063CO) Typical profile 0 to 4 inches: Gravelly sandy loam 4 to 60 inches: Very gravelly sand Minor Components Wages Percent of map unit: 10 percent Altvan Percent of map unit: 5 percent USDA Natural Resources Web Soil Survey 11/20/2013 Conservation Service National Cooperative Soil Survey Page 1 of 2 EXHIBIT J Vegetation Information Vegetation information was gathered from the Soil Survey of Weld County, Colorado, Northern Part (United States Department of Agriculture, Soil Conservation Service), and Vascular Plant Species of the Pawnee National Grasslands (United States Department of Agriculture, Forest Service, General Technical Report RMRS-GTR-17). Disturbance to vegetation within the proposed permit area is limited to previous grazing by the owner's bison and cattle herds. Upon completion of mining activities, reclamation will seed disturbed areas with a mixture of native grass species. The vegetation in northeastern Colorado is generally classified as a shortgrass prairie ecoregion. The shortgrass prairie has traditionally been separated from other grassland in the Great Plains area on the basis of the relative height of the dominant grasses. This view is no longer held by ecologists. Besides the low rainfall and dominance of short grasses, one of the better means to distinguish between the shortgrass and the midgrass or tall grass prairies is that in the shortgrass region all of the available soil moisture is transpired before the end of the growing season. In general, less than 50 percent of the ground in shortgrass regions is covered by vegetation. This is an important aspect of the proposed permit area for maximizing and determining reclamation success. Most of the uplands are sparsely covered with prairie grasses such as Blue Grama, Buffalo Grass, Western Wheatgrass, and Prairie Sandreed. The height of some grasses may reach 12 inches during periods of maximum growth, but most stands of grass do not reach that height. Within the Lone Tree Creek drainage, a few patches of trees dot the drainage bottom, including cottonwoods and shrubs in deeper, more protected areas of the drainage. Along the creek bottom, low growing sedges and rushes grow intermixed with thicker growth of Blue Grama grass. Carr Pit East DRMS 112 Permit Application Page 23 EXHIBIT K Climate The proposed permit area exhibits a semi -arid climate typical of the High Plains region. The region is characterized by low humidity, low average precipitation, and a high percentage of sunshine. A large amount of the precipitation which occurs falls during short duration, high intensity summer thunderstorm activity. Climate information was available from the Western Regional Climate Center in Fort Collins, Colorado and Cheyenne, Wyoming. Fort Collins is about 40 miles south-southwest of the proposed site and Cheyenne is approximately 16 miles north-northeast of the proposed permit area. The climate data collected from 1893 through 2016 and 1915 through 2016 for Fort Collins and Cheyenne, respectively, indicates the total annual precipitation at the site to be approximately 15.1 inches per year. Monthly average temperature and precipitation data for the periods of record are provided in the following tables. FORT COLLINS, COLORADO Average Monthly Temperature (°F) Average Monthly Precipitation Maximum Minimum January 41.4 13.7 0.36 February 44.2 17.1 0.48 March 51.2 24.0 1.18 April 60.6 33.0 1.97 May 69.1 42.1 2.74 June 79.3 50.4 1.83 July 85.2 56.0 1.62 August 83.5 54.2 1.42 September 75.4 45.1 1.27 October 64.2 34.2 1.13 November 51.1 23.1 0.59 December 42.5 15.5 0.49 Mean/Total 62.3 34.0 15.08 Carr Pit East DRMS 112 Permit Application Page 24 CHEYENNE, WYOMING Average Monthly Temperature (°F) Average Monthly Precipitation Maximum Minimum January 37.8 15.7 0.42 February 40.1 17.5 0.52 March 45.0 22.1 1.05 April 53.9 29.9 1.75 May 63.8 39.1 2.38 June 74.8 48.1 2.06 July 82.7 54.7 2.07 August 80.6 53.1 1.64 September 71.6 43.9 1.26 October 59.7 33.7 0.94 November 46.5 23.7 0.61 December 39.4 17.6 0.47 Mean/Total 58.0 33.3 15.17 Carr Pit East DRMS 112 Permit Application Page 25 EXHIBIT L Reclamation Costs In order to calculate maximum potential reclamation liability to the State, we have selected a point in time where reclamation costs could be at a maximum. It is assumed that the time of maximum mining disturbance will be midway through Phase I. During this scenario, no reclamation will have been performed on the active mining face, pit side slopes on both sides of the mining face, and about half the exposed pit bottom. Since backfilling side slopes and the active mining face to a minimum 3H: 1V slopes is more costly than "cut and fill" sloping, backfilling is used to estimate reclamation costs. Stockpiles with available topsoil/overburden for backfilling will be near the pit and areas for reclamation, so haul distances will generally be less than 1,000 feet. Each aspect is listed in the following table with associated disturbed area. Please refer to Exhibit D, Pre-Mining/Mining Plan, for a listing of disturbed areas that total 28.3 acres. This estimate will follow the same order as the listing in Exhibit D. Connell Resources Inc. is an earth moving and construction contractor and unit costs for reclamation activities were provided from bidding documents associated with similar projects. Since all structures used in the mining operation are portable, it is assumed that removal of the structures do not have associated costs. The active mining area will include the active mining face, un-reclaimed pit side slopes, un- reclaimed pit floor, and partially reclaimed pit side slopes and pit floor. The active mining face will be near vertical with a maximum length of 1,000 feet and an average height of 10 feet. In front of the active mining face, an area 100 feet wide will have been pre -stripped in anticipation of mining (2.3 acres). In addition, a maximum 500 feet of un-reclaimed pit side slopes may be adjacent to each end of the active mine face. These side slopes will also be near vertical with an average height of 10 feet. Framed by the active mining face and pit side slopes, the pit floor (11.5 acres) will be un- reclaimed, contain overburden, raw material, and product stockpiles. Following backfill, the areas are rough graded in preparation for topsoil/overburden growth medium placement, final grading, and seeding for revegetation. In addition to the active mining area, parts of the mine pit will be partially reclaimed. A maximum of 2,000 feet of pit side slopes dozed or backfilled to 3H: 1V, and an area of pit floor backfilled with a layer of topsoil/overburden growth medium, will require final reclamation. Since backfilling and grading may occur several seasons before final reclamation, the areas will be rough graded prior to additional reclamation activities. Final reclamation for these areas will include topsoil/overburden growth medium placement, final grading, and seeding for revegetation. Miscellaneous disturbed areas at the point of maximum disturbance will include the main site access road, internal haul roads, and other areas disturbed by mining activities. These areas will be tilled in preparation for topsoil/overburden growth medium placement, final grading, and seeding for revegetation. It is estimated that the combined area of these disturbances will be approximately two (2) acres. Since quality topsoil is scarce on the Carr Pit East site, vegetation growth medium will include the best quality topsoil/overburden material available. If available, a minimum of 6 inches of growth medium will be placed on all disturbed areas following backfilling, scarifying, and/or rough grading. Final grading of the topsoil/overburden growth medium will prepare the surface for seeding. After initial seeding and the first season's growth, it is estimated that approximately 20 percent of the seeded area will need to be re -seeded. Carr Pit East DRMS 112 Permit Application Page 26 Aspect Reclamation Operation Quantity Units Unit Cost ($) Cost ($) Active Mining Area A Dozer active mine face to 3H:1 V slopes Al 5,556 CY $0.50 $2,778 [1,000' x 0.5(10' x 30')] A2 Rough grade mine pre -stripped area 1' 855 CY $0.50 $928 (2.3 acres_x_0.5') 0.5') Dozer two un-reclaimed pit side slopes A2 5,556 CY $0.50 $2,778 to 3H:1 V [(2 x 500) x 0.5(10' x 30')] A3 Rough grade dozed slopes and active mining pit 9,277 CY $0.50 $4,639 floor to drain (11.5 acres x 0.5') A4 Place growth medium on all Aspect A areas 11,132 CY $1.05 $11,689 (13.8 acres_x0.5') 0.5') Final grade all Aspect A areas A5 (13.8 acres x 0.5') 11,132 CY $0.50 $5,566 Partially Reclaimed Mining Area Rough grade 2,000 linear feet of previously B B 1 dozed/backfilled side slopes and pit floor graded 10,083 CY $0.50 $5,042 to drain (12.5 acres x 0.5') B2 Place growth medium on all Aspect B areas 10' 083 CY $1.05 $10,587 (12.5 acres_x0.5') 0.5') Final grade all Aspect B areas B3 (12.5 acres x 0.5') 10,083 CY $0.50 $5,042 Miscellaneous Disturbed Areas Access road to Connell Carr Pit (M-2014-001), C Cl internal haul roads, and other areas disturbed by na mining activities C2 Scarify all Aspect C areas 2 Ac $500.00 $1,000 C3 Place growth medium on all Aspect C areas 1,613 CY $1.05 $1,694 (2 acres x 0.5') Final grade all Aspect C areas C4 (2 acres x 0.5')' 1,613 CY $0.50 $807 Final Reclamation Dl Seed all areas in Aspects A, B, and C 28.3 Ac $675 $19,103 D (13.8+12.5+2) acres D2 Re -seed 20% of all areas in Aspects A, B, and C 5.7 Ac $675 $3,821 Total Reclamation Costs $75,470 Contractor Mobilization/Demobilization Costs (8%) 0.08 $6,038 Overhead (18.5%) 0.185 $13,962 Administration (5%) 0.05 $3,773 Total Proposed Financial Warrenty $99,243 Disturbed Acreage 28.3 financial Warrenty per Acre $3,507 Carr Pit East DRMS 112 Permit Application Page 27 EXHIBIT M Other Permits and Licenses ■ Weld County Use by Special Review Permit — A Weld County Use by Special Review permit application shall be submitted upon approval. The Use by Special Review permit will be obtained prior to operations ■ APEN, Colorado Department of Public Health and Environment Air Pollution Emission Notification Permit — Permits shall be obtained prior to operations. ■ CDPS, Colorado Department of Public Health and Environment Colorado Discharge Permit System Permit — Permits shall be obtained prior to operations. ■ U.S. Army Corp of Engineers Section 404 Permit — A permit shall be obtained prior to disturbance of any Waters of the U.S. Carr Pit East DRMS 112 Permit Application Page 28 EXHIBIT N Source of Legal Right to Enter See attached material. Carr Pit East DRMS 112 Permit Application Page 29 SOURCE OF LEGAL RIGHT TO ENTER The undersigned, as owner(s) of property as set forth in the legal description and/or vicinity map attached hereto and made a part hereof by reference, hereby agrees to the inclusion of said property in the Carr Pit East Regular (112) Operation reclamation permit application of Connell Resources, Inc. for the purposes of mining construction materials and reclaiming said property in accordance with the requirements of the permit. Terry Grazing Association Date: State of €uk,ruduW °"'° ) ) ss. County of L a�a1,.- e- ) jazz V, The foregoing instrument was acknowledged before me this Z day of f , 20,.11% by Iq rn4 -5 l.enhard _ , as r , of Witness my hand and official seal. RACHEL AUSTIN - NOTARY PUBLIC COUNTY OF STATE OF LARAMIE WYOMING MY COMMISSION EXPFES DECEMBER 16. 4 (SEAL) My Commission Expires: ` Ceyrtbur (4 7-0 q Not Public 4007567 Pages. of 4 04/07/201404:34 PM R Fee:$26.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■III 14� FAIIII l i 'Ir+fi;I ' InM AO N' UN 'dl *A till FIRST AMENDMENT TO SAND AND GRAVEL LEASE This First Amendment to Sand and Gravel Lease ("Amendment") is entered into effective September 16s', 2013 ("Effective Date") and amends the Sand and Gravel Lease ("Lease-) for the Carr/Tucker Pit in Weld County, Colorado dated January 1, 2011 between JRT Limited Partnership and Terry Grazing Association, P.O. Box 3170, Cheyenne, WY 82003, ("Lessor") and Connell Resources, Inc., a Colorado Corporation, 7785 Highland Meadows Parkway Suite 100, Fort Collins, CO 80528 ("Lessee"). 1. Term of Lease. In Section 2, the term of the Lease is amended to continue to January 1, 2031. 2. Royalty Amounts. Section 3.1, is amended by adding the following language at the end: The royalty for all sand and gravel Material shall be changed beginning on the following dates to the following amounts: on January 1, 2016: $1.03 per ton; on January 1, 2021, $1.06 per ton; on January 1, 2026: $1.09 per ton; on January 1, 2031: $1.12 per ton. 3. Minimum Tonnage Requirements. Section 3.3 of the Lease is amended so that: the minimum tonnage per year for each calendar year is reduced to 15,000 tons and Sections 3.3.1 and 3.3.2 are hereby deleted. 4. Permit Ownership and Management. Section 4 is hereby deleted and replaced with the following language: Lessee currently holds permits for a gravel mining operation on the Property. Lessee will be responsible for complying with all such permits and for paying ongoing premiums for the reclamation bond. 5. Real Property Taxes. Section 7.6 is amended by adding the following language at the end: except that the Lessee shall be responsible for and shall pay all real estate taxes assessed for earth or stone products produced from the Property during the term of the Lease. 6. DPW Game Area. New Section 7.11, "DPW Game Area.", is hereby added with the following language: The Lessor shall be responsible for renegotiating Lessor's current agreement with the Colorado Department of Parks and Wildlife ("DPW") so that Section 21 of Lessor's Property is no longer included in the public access agreement with DPW. Lessor agrees to complete this revision to the DPW • 4007567 Pages: 2 of 04107/2014 04:34 PM R Fee : 1.00 Steve Moreno; Clerk and Recorder, Weld County, CO mill N.51 N ulw' I 11 II agreement prior to final approval of mining permits on Section 21 by the State of Colorado and by Weld County. 7. Termination. Section 8.3 is amended to: January 1, 2031 and Section 8.5 is hereby deleted. 8. Inconsistency. In the event of any inconsistency between the terms of this Amendment and any other Lease terms, this Amendment shall control. 9. Continuing Effect. Except as amended by this Amendment, the Lease terms remain unchanged and in full force and effect. 10. Defined Terms. Except as otherwise defined in this Amendment, capitalized words and phrases are as defined in the Lease. [Signature pages follow.] 2 4007567 Pages: 3 of ry 04/07/2014 04:34 PM R Fee:$26.00 Steve Moreno, Clerk and Recorder. Weld County, CO mill IrrT IL101110 ,E�4��' :1I 11111 I• *s• I. ;► STATE OF WYOMING ) ) ss COUNTY OF LARAMIE ) Acknowledged before me this 11 day of S kim , 2013, on behalf of JRT Limited Partnership by Am V Lt',trt as__________ Witness my hand and official seal. p Ei+Rl�cwnxtotts�-W#nRrPubuC Myexpires: � Q. o -O commission J _Chc[i) Notary Public LESSOR: Terry Grazing Associa on By: QL,thMd± Printed • Name. 3, n iorcL± its Tice 5lf" STATE OF WYOMING ) ) Ss COUNTY OF LARAMIE ) Acknowledged before me this .J' day of , 2013, on behalf of Terry Grazing Association by as pry-fruyA p i #- ir;(,$-rL+- Witness my hand and official seal.M-1 My commission expires: JC'U' , aOl (p wonM Notary Public 4007567 Pages: 4 .- 4 04/07/2014 04:34 PM R Fee:$26.00 Steve Moreno, Clerk and Recorder Weld County, CO ■Ill l inl r'liILiG4 1Js uI II LESSEE: Connell Resources, Inc. .-4 r) By- L ---- Printed Name: Richard Connell, President STATE OF COLORADO ) )ss COUNTY OF LARMIER ) Acknowledged before me President of Connell Resoi Witness my hand and MY COMMISSION EXPIRES. My commission expires: Deco aer 3, 2015 4 51 2013, by Richard Connell as I r SAND AND GRAVEL LEASE THIS LEASE, is entered into and is effective as of January 1, 2011 between JRT Limited Partnership and Terry Grazing Association, P.O. Box 3170, Cheyenne, WY 82003, (jointly referred to as the "Lessor"), and Connell Resources, Inc. or assigns ("Lessee"). In consideration of the mutual covenants contained in this Lease, and for other valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. Leased Propaty. Lessor, Terry Grazing Association, is the owner of real property (the "Property") and Lessor, JRT Limited Partnership is the owner of the Material located on that propertly situated in the County of Weld and State of Colorado and more specifically described as: a. The currently -operating Carr/Tucker Pit, including all of Section 17, Township 11, Range 67, except 1 acre in SW4SW4, and the N2NE4 in Section 20, Township 11, Range 67, Quarter Section I, AND b. additional real property which is being added to the Carr/Tucker Pit, including all of Section 21, Township 11, Range 67, and the SW4&S2SE4 in Section 22, Township 11, Range 67 (25RR). Lessor, in consideration of the royalties herein reserved and the covenants to be performed by the Lessee, does hereby lease, let, and demise unto the Lessee for the purposes of mining and processing sand, gravel, rock, overburden (fill dirt), and related materials (collectively referred to as "Material") from the Property, stockpiling and storing Material on the Property, and for conducting any and all related activities including, but not limited to, testing, drilling, surveying and inspecting the Property; constructing, operating, using, dismantling and removing an asphalt plant on the Property; constructing, operating, using, dismantling, and removing a concrete batch plant on the Property; and constructing, using and operating any other improvements, processing plants, scales, sales offices, facilities other improvements, machinery and equipment in connection with Lessee's operation on the Property. Lessee shall also have the right to import and store on the Property sand, gravel, and similar materials for resale from the Property. All Material extracted from the Property by the Lessee (including any stockpiled, processed Material located on the Property) shall, subject to the payment of Royalty amount herein stated, be considered the sole property of Lessee. 2. Term of Lease. Unless earlier terminated under Section 8 below, this Lease shall be in effect as of the date set forth in the introductory paragraph and shall continue until January 1, 2016. Lessee shall also have the option to extend the lease for an additional 5 years on the same terms. 3. Royalties and Minimum Tonnage Requirement. 3.1 Royalty Amounts. Lessee shall pay Lessor JRT Limited Partnership a royalty of: (i) $1.00 per ton for all sand and gravel Material and (ii) $.50 per ton for all overburden (fill dirt and related materials) removed from the leased premises by the Lessee. The Lessee's weight tickets from a certified scale will be used to determine the Royalty due Lessor, which records shall be available to Lessor on a monthly basis, all as herein provided. 3.2 Royalty Payment Terms. Lessee's royalty payments are due by the 25th day of each month following the month in which the Material is removed from the leased premises. If any monthly payment is not received by the 10th day of the month following the due date, a late fee of 1% of such payment shall be added to the balance due. 3.3 Minimum Tonnage Requirement. Lessee will be required to pay Lessor for a minimum of 30,000 tons of Material per year for each calendar year, however, further provided that: 3.3.1 Excess tonnage, the net amount over the minimum for any year, accrues and carries forward to subsequent years and counts as a credit toward the minimum annual tonnage for subsequent years. (For example, if the total tonnage for 2011 is 35,000 tons, that meets the minimum for 2011 and results in a credit of 5,000 tons, which is carried forward.) 3.3.2 If the annual minimum tonnage requirement (including credits for any unused, accrued tonnage credits for previous years) does not meet the annual minimum, then Lessee shall pay Lessor for the shortfall by January 25th of the following year. 4. Permit Ownership and Management. Yarra Companies, Inc. currently holds permits for a gravel mining operation on the Property. Lessee will coordinate with Lessor for the transfer to Lessee of applicable permits authorizing such operations from the appropriate governmental authorities ("Permits"). Lessee will be responsible for complying with all such permits, both before and after transfer, and for paying ongoing premiums for the reclamation bond. In the event Lessor is unable to complete the transfer of applicable permits, the responsibility shall fall on the Lessee to obtain the applicable permits. 5. Records and Reports. Lessee and Lessor shall keep records and furnish reports to each other as follows: 5.1 Material Records. Lessee agrees to keep strict and accurate records, including scale weight tickets, of all Material removed from the Property, and the Lessor shall have the privilege, during business hours, of examining the mining procedures and checking the books and records of Lessee for the purpose of verifying the amount of production and of royalties payable. 5.2 Monthly Reports. Lessee shall forward to Lessor monthly reports showing the quantity of Material removed during the preceding month. Such reports shall be forwarded to Lessor by the 25th day of the month for the preceding month. The parties acknowledge that during certain months of the year it may be impractical to remove Material because of weather conditions and no report shall be required for any month during which no Material 2 ri ri has been removed. 5.3 Liability Insurance. Within 30 days following the date of this Lease, Lessee shall furnish to the Lessor copies of certificates of insurance showing that the Lessee has insurance coverage covering Lessee's operations on the premises. Said insurance shall provide that Lessor be given notice prior to cancellation of said insurance. 6. Lessee's Covenants. 6.1 Lessee's Possession/Lessor's Access. Lessee shall have, and it is hereby given and granted, the right to enter into and take over immediately the exclusive possession and control of the leased premises, subject to the reservations of the Lessor contained herein which include, among others Lessor's use for personal access during the term of this agreement and any extensions thereof, to remain in possession and control thereof, and to sample, test, examine, develop, work, mine, operate, use, manage and control the same, including water and water rights appurtenant thereto as the same may be required, and to mine, extract and remove from said property sand and gravel, asphalt, and other salable materials therein belonging thereto, and to erect, construct, maintain, use and operate thereon and therein buildings, structures, machinery, and equipment used in connection with the extraction, processing and sale of sand and gravel and other salable products associated therewith. 6.2 Conduct of Operations. Lessee will cause all operations under this Lease to be ( carried on in a commercially reasonable manner and in accordance with all applicable federal, state and local regulations, permits, and the terms and conditions of any bond issued relative to such operations. Materials shall be removed from each excavation to the point commercially feasible, through the use of equipment selected by the Lessee. 6.3 Liens/Indemnity. Lessee shall keep the Property free and clear of liens for labor done or work performed under this Lease, and shall keep the Property free from all other forms of encumbrance, and will hold Lessor harmless from all claims, demands, suits, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) which may arise by reason of injury to any person employed by Lessee on the Property, or which may arise by reason of injury to any persons or damage to any property as a result of any operations of Lessee. 6.4 Surrender of Possession. In the event of a valid termination of this lease, Lessee will surrender to Lessor peaceable possession of the Property, subject to Lessee's right to leave equipment and Materials on the Property and have access to remove such equipment and Materials. Co -incident with such surrender, Lessee shall deliver to Lessor a release of all its interest in this Lease. Lessee shall have 120 days to remove all of Lessee's equipment from the Property, plus an extension of time, at no charge, for any snow or mud conditions which cause such equipment removal to be impossible or impractical. Lessee shall offer to sell to Lessor, at a price to be negotiated, any of Lessee's processed Material which is stockpiled on the propetty. If no agreement can be reached, Lessee shall have 12 months to remove all of Lessee's processed Material from the Property, plus an extension 3 C of time, at no charge, for any snow or mud conditions which cause such Material removal to be impossible or impractical. 6.5 Personal Property Taxes. Lessee shall pay when due all taxes levied or assessed against all personal property placed upon the Property by Lessee during the Lease term. 6.6 Hazardous Materials. Any use, storage, treatment, disposal or release of hazardous materials on the Property by Lessee shall be in compliance with all applicable federal and state laws and regulations. Upon termination of this Lease, Lessee shall remove all hazardous materials used, stored, treated, disposed of or released by it on the Property during the lease term. Lessee shall indemnify and hold Lessor harmless for any loss, liability, cost, expense or claim arising from (1) Lessee's use, generation, storage, release or disposal of any hazardous materials on the Property and (2) Lessee's violation of any law relating to environmental conditions in connection with the Property. The Lessee's obligations under this paragraph shall survive the termination or earlier cancellation of this Lease. 7. Lessor's Covenants. 7.1 Title. Lessor covenants that it has good title to the Property and the Materials to be removed from the Property, and warrant and will defend the title to the Property and Material. Furthermore, Lessor will indemnify Lessee against any and all claims, demands, suits, liabilities, damages, losses, costs and expenses (including reasonable attorney's fees) arising from or related to any lien, encumbrance, restriction, or defect in the title to the Property and Material. In the event the holder of any lien or encumbrance against the property commences foreclosure proceedings against the Property, Lessee shall have the right, but not the obligation, to make any cure or redemption payments to stop the foreclosure. In such case, all sums paid by Lessee to stop the foreclosure shall be credited against sums Lessee then owes or may in the future owe to Lessor under Section 3, above. 7.2 Access. Lessor grants to Lessee all necessary access across the Property which is necessary to provide Lessee with access for its operations under this Lease. 7.3 Lessee's Expense Recovery. If, prior to termination hereof, Lessee has incurred expenses in preparing the Property for future operations, then Lessor shall promptly repay Lessee for all such expenses incurred unless such termination results from Lessee's breach or from any of the reasons outlined in Sections 8. 1 through 8.4 hereof. These expenses shall include all labor and overhead costs of Lessee as well as other expenses. 7.4 Access for Removal of Lessee's Equipment. In the event of any termination of this Lease, Lessor shall allow Lessee access to the Property for removal of equipment and extracted material per Section 7.3. 7.5 Condemnation. Lessor warrants and represents that it has no knowledge of any condemnation actions pending or threatened against the Property or any portion thereof. 4 r r 7.6 Real Property Taxes. Lessor is responsible to timely pay all real property taxes owing for the Property. 7.7 Indemnity. Lessor shall indemnify, defend and hold Lessee harmless from and against all claims, demands, suits, liabilities, damages, losses, costs and expenses (including reasonable attorney fees) which may arise by reason of injury to any person or damage to any property as a result of any act or omission of Lessor, unless such injury or damage is caused by an act or omission by Lessee. 7.8 Water. Lessor agrees that Lessee may use all of Lessor's water and water rights on the Property as needed by Lessee for operations under this Lease, without limitation. 7.9 Oil, Gas and Other Minerals. Lessor owns the surface rights for the Property, but does not own the oil, gas, and mineral exploration rights. During the term of this Lease, Lessor shall not, to the extent that it has any control, lease, authorize, or allow oil, gas or other mineral exploration or operations which interfere in any manner with Lessee's operations under this Lease. If any such activities are conducted by the owner of the oil, gas, and mineral exploration rights and these activities substantially interfere with Lessee's gravel mining or processing operations, Lessee shall have the option to terminate this Lease. 7.10 Limited Mining Rights of Lessors: Lessor, for itself and for Ron and Janice Thiel, related entities, including but not limited to Iron Mountain Bison Ranch and Jan Thiel, Inc., or limited Lessor use contracted for by Ron and/or Ron and Janice Thiel may, with this expressed reservation contained in this Lease, remove sand, gravel and topsoil from the permitted premises for use on the Lessors' property, provided however, that such removals shall not interfere with Lessee's operations under this Lease, and Lessee will not be held responsbile for any costs or damages incurred as a result of Lessor's or of aforesaid designated representative's removals. In engaging in the limited sand & gravel removal operations, Lessor agrees that it, as well as its aforesaid designated representatives, will comply with all applicable mining laws and regulations, will provide its own insurance covering any damages, personal injuries, loss of life, or any other harm resulting from its activities and will hold the Lessee harmless from any such harm or loss. 8. Termination. This Lease shall terminate on the earlier of: 8.1 One year following the date all commercially salable Material has been removed and sold; 8.2 Lessee terminating this Lease by giving Lessor written notice on or before September 1 of any calendar year stating that Lessee is terminating the Lease as of December 31 of that calendar year; 8.3 On January I, 20I6, unless extended pursuant to Section 2; 8.4 Either party terminating this Lease under the default provisions of Section 13, below; W A 8.5 Failure of the Permits transfer process in Section 4, above; 8.6 At Lessee's option, upon substantial interference with Lessee's operations by the oil, gas, or mineral owner, as referred to in Section 7.9. 9. Restoration and Reclamation. Lessee agrees that on completion of the removal of Material from pits that have been dug on the Property, the Lessee will back -slope such pits with unused waste substances, place topsoil on top,, re -seed the back slopes with native grasses, and will otherwise complete all restoration and reclamation requirements of the Colorado Division of Reclamation, Mining and Safety. To the extent the restoration and reclamation is not completed by the termination of the Lease, Lessee shall have the right to enter the Property following Lease termination to conduct such restoration and reclamation work as may be required to discharge Lessee's responsibilities under the Permits and to obtain the release of any bond or other financial assurance provided by Lessee in connection with the Permits. 10. Remediation and Reclamation. Upon termination of the Lessee's mining operation, Lessee will perform remediation or reclamation described as Property as required by the mining permits held by Lessee and issued by the Colorado Division of Minerals and Geology. 11. Notice. Any Notice under this Lease shall be mailed via certified mail, return receipt requested, to the parties at their addresses listed below (or to such other address as a party may designate in writing): Lessee: Connell Resources, Inc. 7785 Highland Meadows Parkway, #100 Fort Collins, CO 80528 Lessor: JRT Limited Partnership PO Box 3170 Cheyenne, WY 82003 Notice shall be considered given when deposited in the mail. 12. Time of the Essence. Time is of the essence to this Lease. 13. Default. If either Lessor or Lessee defaults under this Lease, then the non - defaulting party may give the defaulting party forty-five (45) days written notice specifying the paiticular default or defaults. If said default is not corrected within the 45 -day period, then this Lease, at the option of the party who is not in default, may be terminated by such party, in which case the non -defaulting party may recover from the defaulting pmty such damages as may be proper, including all reasonable attorney's fees and costs. In the event of such default by Lessor, and Lessee elects to treat this Lease as terminated, then any pre -paid royalty not yet earned as of the termination date shall be returned to Lessee. In the event of such default by Lessee, and Lessor elects to treat this Lease as terminated, then all payments made hereunder shall be forfeited and retained by Lessor. In the event, however, the non -defaulting party does not terminate this 6 Lease and instead elects to treat this Lease as being in full force and effect, then the non - defaulting party shall have the right to an action for specific performance or damages, or both, together with all reasonable attorney's fees and costs. 14. Laws and Governmental Regulations. This Lease shall be subject to all federal, state and local laws, executive orders, rules and regulations, and this Lease shall not be terminated in whole or in part, nor shall the Lessee be held liable for failure to comply therewith, if compliance is prevented by, or if such failure is the result of, any such law, order, rule or regulation, or if such compliance is prevented, by, or failure is the result of, inability of the lessee through no fault of its own, to obtain authority to continue production of Material form the Property. 15. Assignment and Subletting. Lessee shall not assign or sublet this Lease without the consent of Lessor, and no assignment or- subletting by Lessee shall release Lessee of its obligations, duties and responsibilities hereunder unless such release is in writing and executed by Lessor. 16. Entire Agreement. This Lease constitutes the entire agreement between the parties, and it cannot be modified except in writing signed by both parties. 17., Waiver. Any waiver of any provision of this Lease must be in writing. No waiver of any breach of this Lease shall constitute a waiver of any other or subsequent breach. 18. Invalid Provisions. If any term or provision of this Lease shall be held to any extent invalid or unenforceable, the remaining terms and provisions of this Lease shall be valid and enforceable to the fullest extent permitted by law. 19. Public Notice. At its expense, Lessee may record this Lease, or a Memorandum approved and executed by Lessor of this Lease, with the Weld County Clerk and Recorder. 20. Binding Effect. This Lease Agreement is binding upon, and shall inure to the benefit of, the parties, their heirs, successors, assigns, and legal representatives. 21. Relationship of Parties. Nothing contained in this Lease shall be construed to create the relationship of principal and agent or partnership or joint venture between the patties. 22. Survival of Terms. To the extent necessary to give them effect, the terms of this Lease shall survive any termination of this Lease. LESSOR: JRT Limited Partnershi By: V1hOAdJ Printed Name: I 1 J J_L�iii_fC2J, its t�1 LlI - STATE OF WYOMING ) ) ss COUNTY OF LARAMIE ) Acknowledged before me this .25' day of 1Y\ , 2011, on behalf of S R•r d 1'arh,e"5k Eby . 1. Q as A, Witness my hand and official seal. My commission expireftmy PAMELA SPORTS - NOTARY PU3W GOtJNTYO� 4 grrATEOP M 4�- LARAM E W1 OMM ConanisatortE�mk, 9eeRs .�,4 otary Public LESSOR: Terry Grazing Printed N its y STATE OF WYOMING ) )ss COUNTY OF LARAMIE ) Acknowledged before me this a.5 `day of 2011, on behalf of Te�'r Gr'at;na h"oa:a.+�:ems by . A as Viet l�Pes:ete�if Witness my hand and official seal. PAMELA SPORTS - NOTARY PU3UO My commission expires: ATE ow rT) ay �orr,rr�selon e tary Public 8 LESSEE: Connell Res ur Printed Name: Richard Connell, President STATE OF COLORADO ) ) ss COUNTY OF LARIMER ) Acknowledged before me this lr day of k11a - , 2011, on behalf of Richard Connell, President, Connell Resources, Inc. Witness my hand and official seal. My commission expires: Notary Public MY COMMISSION EXPIRES: Augus113, 2011 7 EXHIBIT 0 Owner(s) of Record of Affected Land (Surface Area) and Owner(s) of Substance to be Mined Also see Exhibit C -1, Existing Conditions Map. - JRT Limited Partnership - Terry Grazing Association Carr Pit East DRMS 112 Permit Application Page 30 LIMITED OWNERSHIP REPORT DATE: 01/20/2022 Posted through: 01/14/2022 PROSPECT: T1 1N-R67W Section 22 — Connell Resources Inc. COUNTY: Weld STATE: Colorado TRACT DESCRIPTION: TOWNSHIP 11 NORTH, RANGE 67 WEST, 6TH P.M. Section 22: SW1/%NE'/a, S1/2SE1/a, NW'/4SE'/a, SW'/4 Containing 295.00 acres, more or less. SURFACE OWNERSHIP: TRACT OWNER. INTEREST No: Terry Grazing Association 100% P. O. Box 3170 Cheyenne, Wyoming 82003-3170 Am Lenhardt, President MINERAL OWNERSHIP: ALL SAND, GRAVEL AND OTHER MINERAL RIGHTS, EXCLUDING OIL, GAS AND RELATED HYDROCARBONS NAME 8r ADDRESS TRACT INTEREST NET ACRES LEASEHOLD STATUS Terry Grazing Association 1 100.00% 295.00 Memorandum of Sand and Gravel P. O. Box 3170 Lease recorded at Reception No. Cheyenne, Wyoming 82003-3170 3863177 from JRT Limited SEE COMMENT 1 Partnership and Terry Grazing Association to Connell Resources, Inc. as to S1/2SE1/a and SW'% Section 22. Amended at Reception Nos. 4007567, 4166067 and 4066068 TOTAL: 100.00000% 295.00 EASEMENTS, RIGHTS OF WAY, COVENANTS AND RESTRICTIONS Special Taxing and Water Districts, Zoning Resolutions and Ordinances are not covered under this report. No Covenants by subdivisions were reviewed for this report. NOT EXAMINED AS A PART OF THIS LIMITED OWNERSHIP REPORT NOTES/ COMMENTS: 1. In Warranty Deed dated May 17, 1965, recorded at Reception No. 1463879 of the Weld County Clerk's records Terry Land and Livestock Company, Inc. conveyed the subject lands to Terry Grazing Association. There is a reservation contained in the deed that states "EXCEPTING AND RESERVING therefrom however, unto TERRY LAND AND LIVESTOCK COMPANY, INC., part of the first part, its successors and assigns, all gas, casinghead gas, oil and other minerals valuable as a source of petroleum in and under said lands and appurtenances thereto..." It is the opinion of the examiner that this reservation is for oil, gas and other hydrocarbons only and does not include other minerals such as sand, gravel, uranium, etc. even though in some cases sand and gravel has been construed to be a mineral by legal ruling. This Report was prepared based upon an examination of the records of the Weld County Clerk and Recorders Office from inception to the posted date of January 14, 2022. This report is made solely for the benefit of Hill Land Services, Inc. for the purpose of assisting in a determination of the apparent mineral ownership of the captioned property with respect only to all minerals, except oil, gas and other hydrocarbon interests. A more complete and thorough examination of the title may be required to confirm the above ownership with absolute certainty. The instruments referred to have not been examined to determine their legal sufficiency. No warranty of title is expressed or implied by virtue of this report. BY: Hill Land Services, Inc. Wade Hill (970) 396-1668 T11N_R67W_ SEC_ 22_Limited_Ownership_Report I Page 1 of 1 01 M2' NAY 181865 KdCorda'O! 4G38'7 .3 _�._,._..�J Rem AM ' , Recorder '---I SPECIAL WARRANTY DEED THIS DEED, Made this j day of May, 196.5, between TERRY LAND AND LIVESTOCK COMPANY, INC., a corporation duly organized and existing under and by virtue of the laws of the State of Wyoming, of the first part, and TERRY'17ALING"ASSOCIATION a corporation duly organized and existing under and by virtue of the laws of the State of Colorado, of the second part; WITNESSETH, That the said party of the first part, for and in consideration of the sum of Ten Dollars and other good and valuable considerations, to the said party of the first part, in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto the said party of the second part, its successors and assigns forever, all that certain property, real estate, premises and appurtenances situated in the County of Weld , and State of Colorado set forth and described on Schedule "A" attached hereto and by this reference made a apart hereof; together with all improvements located thereon, and all water, water rights, storage, ditches and canals appurtenant thereto or used in connection therewith; also together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of the said party of the first part, either in law or equity, of, in ,and to the above bargained premises, with the hereditaments and appurtenances; EXCEPTING and RESERVING therefrom however, unto TERRY LAND AND LIVESTOCK COMPANY, INC., party of the first part, its successors and assigns, all gas, casinghead gas, oil, and other minerals valuable as a source of petroleum in and under said lands and appurtenances thereto, together with the right of ingress and egress at all times for the purpose of mining, drilling, exploring, operating and developing said lands for gas, casinghead gas, oil, and other minerals valuable as a source of petroleum in and under said lands, and storing, handling, transporting and marketing same therefrom with the right to remove all property and improvements placed thereon by party of the first part, its successors and assigns; TO HAVE AND TO HOLD, the said premises above bargained and described with the appurtenances, unto TERRY GRAZING ASSOCIATION , the said party of the second part, its successors and assigns forever. And the said party of the first part, for itself and its successors covenants and agrees to and with the said party of the second part, its successors and assigns. the above bargained premises in the quiet and peaceable possession of the said party of the second part, its successors and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by, through or under the said party of the first part, to WARRANT AND FOREVER DEFEND, subject however to all easements, rig ,.,covenants, conditions, restrictions and reservations, and to the 1965 gene lggprtop y�,taxes. ". NGGWITNESREOF, The said party of the first part has caused its corporate mmne to be. he,reilritd. subscribed by its President, and its corporate seal to be har'P b �p,ffd.x�c}`=a� tested by its Secretary, the day and year first above wstkten. ATT: >O i•� �'` •' ' : TERRY �,,A.DTB- ND LIVESTOCK COMPANY, INC / ' • / fl , i s�' L °L. By: Se retary President STATE OF COLORADO i• s. ao CITY AND COUNTY OF DENVER ) _ On this day of May, 1965 before me appeared ,% ,Jo me personally known, who, being by me duly sworn did say that he is the President of TERRY LAND AND LIVESTOCK COMPANY, INC., and that the seal affixed to said instrument -, is the corporate seal of said corporation and that said instrument was signed and sealed . in kehalf of said corporation by authority of its board of directors and said v: acknowledged said instrument to be the free act and deed of said corporation. .'•U"iven,under my hand and Notarial Seal the day and year first above written. .ass ? '•, `� Notary Public It L13mmissionrE#cgites: My Commission expires Jan. 14,,E _7 • ' d313N r ti7 w '• C� �lnuln3ytbxeaiu,_ !I ��I� �•:�r o /�q �, 14 n `542 1,163579 SCHEDULE "A" -Attached to and forming a part of Special Warranty Deed dated May 17, 1965 between TERRY LAND AND LIVESTOCK COMPANY, INC., of the first part, and TERRY GRAZING ASSOCIATION, of the second part. TOWNSHIP 11 NORTH, RANGE 67 WEST OF THE 6TH P.M. Section 1: All Section 2: SJSEJ Section 3: All Section 4: SEJ, EXCEPT a strip for Union Pacific Railroad Company as shown on Map filed July 2, 1917, File No. 255201. Section 5: All East of Interstate Highway No. 25 described in Book 1619 at page 614 Section 7: All East of Interstate Highway No. 25 described in Book 1619 at page 614 Section 8: W1 Section 9: All, EXCEPT a strip 400 feet wide for Union Pacific Railroad Company road described in Book 233 at page 153. Section 11: All Section 13: All _Section 15: All, EXCEPT a strip 200 feet wide for Union Pacific Railroad Company road described in Book 149 at page 411. Section 17: All, EXCEPT that part conveyed to American Telephone and Telegraph Company described in Book 1076 at page 441. Section 19: That part of said Section 19 described as follows: Beginning at the point of intersection of the East line of said Section and the North line of the County Road described in Book 999 at page 193, said point being 30 feet North of the East quarter corner of said Section; thence Westerly along the Northerly line of said County Road to the intersection with the Easterly line of Interstate Highway No. 25 as described in Book 1619 at page 614; thence Northeasterly along the Easterly line of said Highway No. 25 to the North line of said Section; thence East to the Northeast corner of said Section; thence South to the oint of beginning. Section 20:.. NJNE� Section 21: All Section 22: SWJNEJ, SSE*, NWjSE* and SWj, EXCEPT a strip 400 feet wide for Union Pacific Railroad Company road as shown on Map filed July 2, 1917. Section 23: All TOWNSHIP 12 NORTH, RANGE 67 WEST OF THE 6TH P.M. Section 20: All of the EjSEj and of the SW*SEj East of Interstate Highway No. 25 described in Book 1619 at page 614. Section 21: All in Colorado Section 22: SEjSWj, EXCEPT a strip 400 feet wide conveyed to Union Pacific Railroad Company described in Book 233 at page 383. Section 23: All in Colorado Section 25: All Section 27: All, EXCEPT a strip 400 feet wide in NjNWj and a strip 200 feet wide in SW*NW of said Section conveyed to Union Pacific Railroad Company described in Book 233 at page 383. Section 29: All East of Interstate Highway No. 25 described in Book 1619 at page 614. Section 34: SEi Section 35: All EXHIBIT P Municipalities within Two Miles The community of Carr, an unincorporated town, is ½ mile south of the proposed permit area. Carr Pit East DBMS 112 Permit Application Page 31 EXHIBIT Q Proof of Mailing Notices to County Commissioners and Soil Conservation District See attached. Carr Pit East DBMS 112 Permit Application Page 32 blue earth SOLUTIONS Letter of Transmittal DATE: February 4, 2022 TO: Weld County Board of County Commissioners 1150 O Street Greeley, CO 80632 FROM: Bill Schenderlein Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 (970) 227-2803 WE TRANSMIT: 0 Attached ❑ Information Below Remarks: THE FOLLOWING: ❑ Originals ■ Copy of Letter ❑ Applications ❑ Specifications ❑ Other FOR YOUR: ■ Use ❑ Approval ❑ Information ❑ Review & Comment The enclosed material is provided to fulfill the requirements of the attached Colorado Mined Land Reclamation Permit application. • One (1) copy of DRMS submittal form and DRMS 112 Application including Exhibits A and B — Carr Pit East — Connell Resources, Inc. Signed: Blue Earth Solutions, LLC • P.O. Box 2427k Fort Collins, CO 80522 • (970) 227-2803 NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF COUNTY COMMISSIONERS Weld COUNTY Connell Resources, Inc. (the "Applicant/Operator") has applied for a Regular (112) reclamation permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials operations in Weld County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Reclamation, Mining, and Safety (the "Division") and the local county clerk or recorder. The applicant/operator proposes to reclaim the affected land to rangeland use. Pursuant to Section 34-32.5- 116(4)(m), C.R.S., the Board may confer with the local Board of County Commissioners before approving of the post -mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the application within twenty (20) days of the date of last publication of notice pursuant to Section 34-32-112 (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, 1001 East 62nd Avenue, Room 215, Denver, Colorado 80216, (303) 866-3567. NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice of change to a previously filed application you must either attach a copy of the changes, or attach a complete and accurate description of the change. (:blue earth SOLUTIONS Letter of Transmittal DATE: February 4, 2022 TO: West Greeley Conservation District 4302 W. 9th Street Road Greeley, Colorado 80634 FROM: Bill Schenderlein Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 (970) 227-2803 WE TRANSMIT: Attached ElInformation Below Remarks: THE FOLLOWING: ❑ Originals ■ Copy of Letter El Applications ❑ Specifications ❑ Other FOR YOUR: ■ Use Approval Information OReview & Comment The enclosed material is provided to fulfill the requirements of the attached Colorado Mined Land Reclamation Permit application. • One (1) copy of DRMS submittal form and DRMS 112 Application including Exhibits A and B — Carr Pit East — Connell Resources, Inc. Signed: ` Blue Earth Solutions, LLC ♦ P.O. Box 2427 ♦ Fort Collins, CO 80522 ♦ (970) 227-2803 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 SOIL CONSERVATION DISTRICT WEST GREELEY CONSERVATION DISTRICT Connell Resources, Inc. (the "Applicant/Operator") has applied for a Regular (112) reclamation permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials operations in Weld County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Reclamation, Mining, and Safety (the "Division") and the local county clerk or recorder. The applicant/operator proposes to reclaim the affected land to rangeland use. Pursuant to Section 34-32.5- 116(4)(m), C.R.S., the Board may confer with the local Conservation 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 34-32-112 (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, 1001 East 62nd Avenue, Room 215, Denver, Colorado 80216, (303) 866-3567. NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice of change to a previously filed application you must either attach a copy of the changes, or attach a complete and accurate description of the change. EXHIBIT R Proof of Filing with County Clerk or Recorder See attached. Carr Pit East DBMS 112 Permit Application Page 33 (blue earth SOLUTIONS Letter of Transmittal DATE: February 4, 2022 TO: Weld County Clerk to the Board 1150 O Street Greeley, Colorado 80632 FROM: Bill Schenderlein Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 (970) 227-2803 WE TRANSMIT: Attached ElInformation Below Remarks: THE FOLLOWING: O Originals ■ Copy of Letter ❑ Applications ElSpecifications El Other FOR YOUR: ■ Use Approval Information ElReview & Comment Submission of this material satisfies requirements of the Mine Land Reclamation Board Regular 112 Operation Reclamation Permit Application. The enclosed application material must remain for public review at least sixty (60) days after a decision on said application has been made the Office of Mined Land Reclamation (Rule 1.6.2 (2)). Confidential materials were purposely excluded. • One (1) copy of DRMS Construction Materials Regular 112 Operation Reclamation Permit Application — Carr Pit East — Connell Resources, Inc. Blue Earth Solutions, LLC • P.O. Box 2427k Fort Collins, CO 80522 (970) 227-2803 EXHIBIT S Permanent Man -Made Structures within 200 Feet of the Affected Land The applicant, Connell Resources, Inc., believes that the mining operation, as proposed, will not adversely affect any of the permanent, man-made structures located within 200 feet of the affected area. Mining highwalls will remain at least three times the pit depth from the proposed permit boundary and ground beyond the permit boundary will remain stable. Since all mining and reclamation activities will be performed within the permit boundary, no impacts to man-made structures outside the permit boundary are anticipated. A list of observed and recorded man-made structures within 200 feet of the proposed permit boundary, organized by land parcel where the structure was observed, is provided below. PROPERTY OWNER PARCELS/EASEMENTS/ROWS MAN-MADE STRUCTURES WITHIN 200 FEET OF AFFECTED LAND Terry Grazing Association 020122000003 - Unimproved Road P.O. Box 3170 Cheyenne, WY 82003-3170 020121000002 - Fence, Poles and Gates State of Colorado 1127 N. Sherman Street, Suite 300 20122000004 - None Denver, CO 80203-2398 Thomas Larry E (LE) 7900 County Road 120 20128100008 - Fence, Poles and Gates Carr, CO 80612-9621 Deporter, Arvid R 14503 County Road 108 20127002001 - Unimproved Road - Fence, Poles and Gate Nunn, CO 80648-9603 Tri-State Generation and Transmission Association - High Voltage Power Lines, Poles, 1100 West 116th Avenue Power Line Easement and associated infrastructure Westminster, CO 80234 Union Pacific Railroad Company 1800 Westland Road Railroad Right -of -Way Railroad Tracks and associated Cheyenne, WY 82001 infrastructure Nunn Telephone Company Communication Line - Communication Lines and 285 Logan Avenue Easement associated infrastructure Nunn, CO 80648 Poudre Valley REA 7649 REA Parkway Power Line Easement - Overhead Power Lines, Poles, and Fort Collins, CO 80528 associated infrastructure Weld County Public Works - County Road 126 and associated PO Box 758 County Road Right -of -Way infrastructure Greeley, CO 80632 Zayo Group Holdings Inc. 1805 29th Street - Buried Fiber Optic Line Boulder, CO 80301 Sprint/T-Mobile Telecommunications Co. 114 W. 10th Street - Buried Fiber Optic Line Cheyenne, WY 82001 Carr Pit East DRMS 112 Permit Application Page 34 ADDENDUM 1 Notice Requirements • Certification of Sign Posting • Tri-State Generation and Transmission Association easement crossing license application Carr Pet East DRMS 112 Permit Application Page 35 SIGNATURE NOTICE This site is the location of a proposed construction materials operation known as the Carr Pit East. Connell Resources, Inc., whose address and phone number is 7785 Highland Meadows Parkway, Fort Collins, Colorado 80528, (970) 223-3151, has applied for a Reclamation Permit with the Colorado Mined Land Reclamation Board. Anyone wishing to comment on the application may view the application at the Weld County Clerk to the Board, 1150 O Street, Greeley, CO 80632, and should send written comments prior to the end of the public comment period to the Division of Reclamation, Mining and Safety; 1001 East 62"d Avenue, Room 215, Denver, CO 80203. CERTIFICATION: I, William Schenderlein of Blue Earth Solutions, LLC, hereby certify that I posted a sign containing the above notice for the proposed permit area known as Carr Pit East, on February 4, 2022. 02/04/2022 DATE TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. HEADQUARTERS: P.O. BOX 33695 DENVER, COLORADO 80233-0695 303-452-6111 CROSSING LICENSE APPLICATION INSTRUCTIONS When other facilities cross Tri-State Generation and Transmission Association, Inc.'s (Tri-State) right of way a license is required. The purpose of the license is to inform the requestor of safety codes and requirements for the safe coexistence of facilities. This also informs Tri-State of changes to its right-of-way and acts as a record. The process for obtaining a license from Tri-State is as follows: 1. Make a written request to Tri-State's Permitting and Land Rights Department with a description of the intended use for the request (see attached); and 2. Complete application form (see attached) and return it with your written request to the following address: Tri-State Generation and Transmission Association, Inc. Attn: Transmission Land Rights Manager P.O. Box 33695 Denver, CO 80233-0695 3. Contact Tri-State Outage Coordination a minimum of thirty (30) days prior to any work in Tri-State Right Of Way at TSGTOuta e (Itristategt.org between 7:00 am and 4:00 p.m. M -F. Applications are processed as they are received and reviewed by Tri-State's engineering, maintenance, legal, and land departments. Typically, the entire process takes up to ninety (90) days. Within Tri-State's easement area, no structures (houses, mobile homes, garages, carports, decks, shops, barns, storage sheds, dog houses, animal enclosures, fuel tanks, stock tanks or wells) are allowed. Fences, roads, recreational trails and utilities are allowed through licensing. Buried utilities such as pipelines and cables must stay a distance of twenty-five feet from any power pole or guy anchor. Fences perpendicular to the power line are allowed, they must be at least fifty feet from any power pole or guy anchors, and must contain a gate at least sixteen feet wide to allow access for transmission line maintenance vehicles. Trees are not allowed within the easement area. Shrubbery that does not grow higher than five feet is allowed within the easement area. An area of fifty feet on either side of a power pole or guy anchor must be kept clear of foliage, along with an unimpeded path for maintenance equipment. All grade changes to the easement area must be reviewed by Tri-State's Engineering Department, before implementing. Transmission Land Rights Manager Tri-State Generation and Transmission Association, Inc. P.O. Box 33695 Denver, CO 80233-0695 Connell Resources. Inc. is requesting a crossing license to construct a haul road within Tri-State's right of way. The proposed construction is located in Section 22, Township 11 N, Range 67W, County of Weld, State of Colorado. The proposed facility will undercross between (undercross, between, or parallel) Structure 394 and 395, of Tri-State's 345 kV Ault -Laramie River Station (115/230 etc...) Transmission line. If you have any questions concerning this request please contact Kevin Anderson at (970) 223-3151. Sincere John M. Warren ?.s;h..- President Date: i ILS�ZZ. 3. Provide the State Plane Zone, datum (NAD83), if the US Survey foot or International Foot was used, and the Vertical Datum (NAVD88). 10. If a modification to a Tri-State facility is necessary to accommodate the proposed crossing, in addition to the crossing license a request for a cost estimate is required. Cost Estimate required? ❑ Yes ® No 11. Schedule for the construction/operation of the proposed: Spring 2023 12. President Date: 1,29')L2 3 6. Sketch the following information using the attached plan and profile map: a. The exact location of the proposed crossing on the right of way (see attached Can- Pit East Vicinity Map: Mining Plan Map: Tri-State TL Man b. The edges of the right of way easement: c. The distance from the proposed crossing to the nearest poles, towers, or other Tri-State facilities. Provide additional maps or plan drawings as necessary to fully explain the proposed crossing and any changes to existing grades and distances from structures. 7. Required Information for Above -Ground Facilities Crossings Under a Tri-State Line: State Plane coordinates and elevations for the following: 1. The nearest pole on each side of the crossing with elevations at the base and at the top of Licensee's structures. 2. The centerline of the nearest Tri-State structure on each side of the crossing with elevations at the ground and lowest conductor. 3. Elevation for the Licensee's highest conductor and the elevation of Tri-State's lowest conductor at the point of crossing. 4. Provide the State Plane Zone, datum (NAD83), if the US Survey foot or International Foot was used, and the Vertical Datum (NAVD88). 8. Required Information for Above -Ground Facilities Crossing Over a Tri-State Line: State Plane coordinates and elevations for the following: 1. The nearest pole on each side of the crossing with elevations at the base and at the top of Licensee's structures as well as the elevation of the Licensee's lowest conductor. 2. The centerline of the nearest Tri-State structure on each side of the crossing with elevations at the ground, the highest conductor, and the Overhead Shield Wire. 3. Elevation for the Licensee's lowest conductor and the elevation of Tri-State's highest conductor and Overhead Shield Wire at the point of crossing. 4. Provide the State Plane Zone, datum (NAD83), if the US Survey foot or International Foot was used, and the Vertical Datum (NAVD88). 9. Required Information for Underground Crossings: State Plane coordinates and elevations for the following: 1. Depth of proposed pipeline, or other facility, below grade at the crossing, and 100 feet each side of the crossing. 2. The centerline of the nearest Tri-State structure on each side of the crossing with elevations at the ground. TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. CROSSING LICENSE APPLICATION 1. Applicant Information: Applicant: Connell Resources. Inc. Provide the legal name to appear on the Crossing License and/ or Cost Agreement contract Address: 7785 Highland Meadows Pkwv - Suite 100, Fort Collins, CO 80528 Phone: (970) 223-3151 Cell Phone: (970) 214-1601 Email: kndersont�connellresources.com 2. If Applicant is a Business: Applicant's Authorized Agent: Kevin Anderson 3. Location of the Proposed Crossing: Street Address: Carr, Colorado Section 22, Township 11 N, Range 67W County Weld State Colorado Principle Meridian 6th Nearest Street or Road intersection: WCR 126 and WCR21 4. Name Tri-State's Affected Facility and/or Structures: (e.g., transmission line, substation, etc.) 345 kV Ault -Laramie River Station Transmission Line 5. Proiect description (describe in detail): (a) Type of facility, (e.g., pipeline, road); (b) physical specifications (length, width, grading, etc.); (c) Impact on Tri-State's affected facility and/or structures (such as grade change impacting conductor wire clearance, proximity to a support structure, etc.) Unimproved (gravel) haul road crossing perpendicular to the full 180 -foot right-of- way, approximately 40 feet wide. Haul road will be used by 40 -ton articulated rock haul trucks (less than 14 feet tall) to transport aggregate material. Center of road will be approximately 365 feet south of Structure 394 and approximately 895 feet north of Structure 395. Haul road will be constructed at, or near, the existing ground surface elevation so as not to change the existing grade or elevation within the right-of-way. Hello