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Home My WebLink About20221256.tiffPage 1 6.4.18 EXHIBIT Q - Proof of Mailing of Notices to Board of County Commissioners and Conservation District Proof that notice, of the permit application was sent to the Board of County Commissioners and, if the mining operation is within the boundaries of a Conservation District, to the Board of Supervisors of the local Conservation District, pursuant to Rule 1.6.2(1)(a)(ii). Office of the Board of Weld County Commissioners c/o Weld County Clerk to the Board 1150 O Street Greeley, Colorado 80632 Subject: Colorado Division of Reclamation Mining and Safety (DRMS) Office of Mined Land Reclamation (OMLR Permit application for Varra Companies, Inc. — Two Rivers Sand, Gravel and Reservoir Project. NOTICE TO THE BOARD of WELD COUNTY COMMISSIONERS Varra Companies, 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 Weld County Clerk to the Board. On review of the Application for Completeness, the Division found information previously provided under this Exhibit that had minor errors. Attached, find corrected pages, by page number, to the original 122 Application Form; as previously provided to you on 1 April 2022: • Page 2 of the application with the distance and direction to the nearest municipality and the site elevation completed on Item 9 of Page 2 of that document. • Page 3 of the application that now includes the Inspection Contact information for this permit. • Page 6 of the application without initialization of the final item (#10). If you would like to discuss the proposed post -mining land use, or any other issue regarding this application, please contact the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567. Date Received: Received By: RECEIVED APR 15 2022 Weld County Clerk wket3365tAiVld County Commissioners COMMISSIONERS VARRA COMPANIES, INC. TWO RIVERS SAND GRAVEL AND RESERVOIR PROJECT MARCH 2022 A REGULAR IMPACT [112] CONSTRUCTION PERMIT APPLICATION - COLORADO DIVISION OF RECLAMATION MIING & SAFETY OFFICE OF MINED LAND RECLAMATION Publ;c Rev;e(..) cc:n rp),poCsM/ERkl-I/C4 06/13 /22 o4/0c1422 2022-1256 0 STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St. Roan 215 Demer, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 CONSTRUCTION MATERIALS REGULAR (112) OPERATION RECLAMATION PERMIT APPLICATION FORM COLORADO DIVISION OF RECLAMATION MINING - 6L-• SAF ETY CHECK ONE: ❑ There is a File Number Already Assigned to this Operation Permit # M - _ (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 form; (2) Exhibits A -S, Addendum 1, any sections of Exhibit 6.5 (Geotechnical Stability Exhibit; and (3) the application fee. When you submit your application, be sure to include one (1) complete signed and notarized ORIGINAL and one (1) copy of the completed application form, two (2) copies of Exhibits A -S, Addendum 1, appropriate sections of 6.5 (Geotechnical Stability Exhibit, and a check for the application fee described under Section (4) below. Exhibits should NOT be bound or in a 3 -ring binder; maps should be folded to 8 1/2" X 11" or 8 1/2" X 14" size. To expedite processing, please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, ALL information requested below. ]. Analicant/oaerator or comnanv name (name to be used on permit): Varra Companies, Inc. 1.1 Type of organization (corporation, partnership, etc.): COrpOratiOn 2. Operation name (nit. mine or site name): Two Rivers Sand, Gravel and Reservoir Project 34 3. Permitted acreage (new or existine site): 409.2 permitted acres 3.1 Change in acreage (+) acres 3.2 Total acreage in Permit area acres 4. Fees: 4.1 New Application $2.696.00 application fee 4.2 New Quarry Application $3342.00 quarry application 4.4 Amendment Fee $2.224.00 amendment fee 4.5 Conversion to 112 operation (set by statute) $2.696.00 conversion fee 5. Primary commodities) to be mined: sand gravel earth products 5.1 Incidental commodities) to be mined: 1. lbs/Tons/yr 2. lbs/Tons/yr 3. lbs/Tons/yr 4. lbs/Tons/yr 5. lbs/Tons/yr 5.2 Anticipated end use of primary commoditie(s) to be mined: rural and urban infrastructure deeds 5.3 Anticipated end use of incidental cotmnoditie(s) to be mined: NIA -2- 6. Name of owner of subsurface rights of affected land: Varra Companies, Inc. If 2 or more owners, "refer to Exhibit O". 7. Name of owner of surface of affected land: Varra Companies, Inc. 8. Tvve of mining operation: EllSurface [111Underground 9. Location Information: The ec nter of the area where the majority of mining will occur: COUNTY: Weld 1� 1 PRINCIPAL MERIDIAN (check one): SECTION (write number): TOWNSHIP (write number and check direction): RANGE (write number and check direction): QUARTER SECTION (check one): QUARTER/QUARTER SECTION (check one): 6th (Colorado) fa 10th (New Mexico) S3 T 4 a✓ , North a South R 66 a East n West SW NE �NW �ESE I - ISW Ute GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): Within the City Limits of Evans, Colorado at approximately 4680' elevation. 10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (l) 39° 44' 12.98" (W) 104° 59' 3.87" Latitude (N): deg Longitude (W): deg OR min min sec (2 decimal places) sec (2 decimal places) Example: (N) 39.73691° (W) -104.98449° Latitude (N) 40.348174 . -104.776631 (5 decimal places) Longitude(W) (5 decimal places) OR Universal Tranverse Mercator (UTM) Example: 201336.3 E NAD27 Zone 13 4398351.2 N UTM Datum (specify NAD27, NAD83 or WGS 84) Nad 83 Easting Northing Zone 13 -3- 11. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Contact's Name: Garrett C. Varra Title: President Company Name: Varra Companies, Inc. Street/P.O. Box: 8120 Gage Street P.O. Box: City: Frederick State: Colorado Zip Code: 80516 Telephone Number: (303 ) _ 666-6657 Fax Number: (303 ) _ 666-6743 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Company Name: Street/P.O. Box: City: State: Telephone Number: Fax Number: INSPECTION CONTACT Contact's Name: Company Name: Street/P.O. Box: City: State: Telephone Number: Fax Number: Bradford Janes Title: Liaison, Interdisciplinary Affairs Varra Companies, Inc. 8120 Gage Street Frederick P.O. Box: Colorado (303 ) _ 666-6657 (303 ) _ 666-6743 Zip Code: 80516 Garrett C. Varra Title: President Varra Companies, Inc. 8120 Gage Street Frederick P.O. Box: Colorado Zip Code: 80516 (303 ) _ 666-6657 (303 ) _ 666-6743 CC: STATE OR FEDERAL LANDOWNER (if anv) Agency: Street: City: State: Zip Code: Telephone Number: ) - CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: Telephone Number: ) - -4- 12. Prima future (Post-minine) land use (check one): Cropland(CR) D Pastureland(PL) General Agriculture(GA) D Rangeland(RL) D Forestry(FR) Wildlife Habitat(WL) D Residential(RS) El Recreation(RC) Industrial/Commercial(IC) 121 Developed Water Resources(WR) Solid Waste Disposal(WD) 13. Primary present land nse (check mali 171. Cropland(CR) Pastureland(PL) General Agriculture(GA) .tom Rangeland(RL) - Forestry(FR) Wildlife Habitat(WL) Residential(RS) I:3 Recreation(RC) Industrial/Commercial(IC) Developed Water Resources(WR) 14. Method of Mining: Briefly explain mining method (e.g. truck/shovel): Surface extraction, processing, and transport of aggregate resources until bedrock establishment of final basins is complete. 15. On Site Processing: 1;71 Crushing/Screening 13.1 Briefly explain mining method (e.g. truck/shovel): In place extraction of uxxwrso6dated sog and aggregate by mxavalws, dom.. wagers or backhoes followed by transportation by conveyor or haul truck to a prolog 100300F0where mete. is awned. screened. and prepared and stockpiled tar commercial sale and removal from property. All extracted mewls may be utilised for ether rammer.' purposes or oa site reclamation and development. 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 are amending or converting an existing operation, provide a brief narrative describing the proposed change(s). N/A -5 - Maas 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 anew 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(1xb): EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H EXHIBIT I EXHIBIT J EXHIBIT K EXHIBIT L EXHIBIT M EXHIBIT N EXHIBIT O EXHIBIT P EXHIBIT Q EXHIBIT R EXHIBIT S Rule 1.6.2(1xb) Rule 6.5 Legal Description Index Map Pre -Mining and Mining Plan Map(s) of Affected Lands Mining Plan Reclamation Plan Reclamation Plan Map Water Information Wildlife Information Soils Information Vegetation Information Climate Information Reclamation Costs Other Permits and Licenses Source of Legal Right -To -Enter Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined Municipalities Within Two Miles Proof of Mailing of Notices to County Commissioners and Conservation District Proof of Filing with County Clerk or Recorder Permanent Man -Made Structures ADDENDUM 1 - Notice Requirements (sample enclosed) Geotechnical Stability Exhibit (any required sections) The instructions for preparing Exhibits A -S, Addendum 1, and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6,5 and Rule 1.6.2(1 xb) 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 notunderstand these obligations then please contact this Office for a full explanation. OKe��V. 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- 54V prC. V 65,:y �y d521/ 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information contained in the application or your permit misrepresent important material facts; 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties, to you as permittee can result; 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office; 5. It is your responsibility to notify the Office of any changes in your address or phone number; 6. Upon permit issuance and prior to beginning on -site mining activity, you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information (Rule 3.1.12): a. the name of the operator; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, c. the permit number. 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance. 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Construction Material Rules and Regulations in effect at the time the permit is issued. 9. Annually, on the anniversary date of permit issuance, you must submit an annual fee as specified by Statute, and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example, a permit with the anniversary date of July 1, 1995, the annual fee is for the period of July 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as the permittee, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. 10. For joint venture/partnership operators: the signing representative is authorized to sign this document and a power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application. -7 - NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions, changes, and deletions to this document prior to final decision by the Office. Therefore, if you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what changes may have been made to the application document. The Office is not allowed to consider comments, unless they are written, and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process, you may contact the Office at (303) $66-3567. -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 34-32.5-115(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. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112,C.R.S., of the Colorado Land Reclamation Ad for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any permit issued en the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to section 34-32.5-123, C.R.S. Signed and dated this a O day of MAMA,. Applicant/Operator or Company Name Signed: Title: Garrett C. Varra, President 20LZ If Corporation Attest (Seal) Signed — '/ f WALL. Corporate Secretary or Equivalent Town/City/County Clerk State of Cb TO4.0 ) 1 ) ss. County of UMtid ) The forego' g instrument was acknowledged before me ps 2 U day of r`�'�22�rG�tv0..1rrC`i25 �Gif,�.-� of uG�YA by C GD,NVQ.uu 05 TA4C— JESSICA HOOVER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20044035571 Y COMMISSION EXPIRES OCTOBER 4, 202 (-54t9D'— Public My Commission expires: / l VI - SIGNATURES MUST BE IN BLUE INK You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a proposed mining operation. The following is a sample of the Notice required for Rule 1.6.2(1)(b) that you may wish to use. NOTICE This site is the location of a proposed construction materials operation. (Name of the Applicant/Operator) varra companies, Inc. , whose address and phone number is (Address and Phone Number of the Applicant/Operator) 81" cage st.; Frederick. co; M-sss-sssr , 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 (County Name) Wecounty clerk to the Board - County Clerk and Recorder's Office, (Clerk and Recorder's Office Address) 1150 O Street, Greeley, CO 80632 and should send comments prior to the end of the public comment period to the Division of Reclamation, Mining, and Safety, 1313 Sherman St, Room 215, Denver, Colorado 80203. Certification: I, Bradford Janes , hereby certify that I posted a sign containing the above notice for the proposed permit area known as the (Name of Operation) 'I'M"' woRivers Sand. Gravel and Reservoir Project , on (Date Posted) 31 March 2022 IGNATU \3/yl;‘f P2-2-- DATE 14,0 COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources RECEIVED APR 2 2 2022 WELD COUNTY COMMISSIONERS NOTICE Consideration of 112c Construction Materials Reclamation Permit AnDlication DATE: April 18, 2022 TO: Weld County Commissioners 1150 O St Greeley, CO 80631 RE: Two Rivers Sand, Gravel and Reservoir Project, File No. M-2022-013 Please be advised that on April 18, 2022, Varra Companies, Inc., whose address and telephone number are 8120 Gage Street, Frederick, CO 80516; (303) 666-6657, filed an application to conduct a(n) Surface mining and reclamation operation, at or near Section 3, Township 4N, Range 66W, 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) Developed water resources post -mining land use. The application decision date is scheduled for July 17, 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 by searching M2022013 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 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 Robert D. Zuber, P.E. at the Division of Reclamation, Mining and Safety, 1313 Sherman Street, Room 215, Denver, CO 80203, by telephone at 303-866-3567 x 8113, or by email at Rob.zuber@state.co.us. M-nr-osn Pn•,si_al Adiress: 1=1; Shermar 5-ree', Rcon 21_, C:2n•:er. 5C C= R 85E.-.5' F ;;3,.8._.516 Address, DR1'S;corn 2-5. 10C.1 = 52nd CO SC:15 _--.------ _---- -- _- a j S. F ,is, Go•+ernor I Dan 7,ibts, E•:ecu-ive Direct, i aria Erannor, Ci,ector Page �1 6.4.1 EXHIBIT A — Legal Description (1) The legal description must identify the affected land, specify affected areas and be adequate to field locate the property. Description shall be by (a), township, range, and section , to at least the nearest quarter -quarter section and (b), location of the main entrance to the site reported as latitude and longitude, or the Universal Transverse Mercator (UTM) Grid as determined from a USGS topographic map. A metes and bounds survey description is acceptable in lieu of township, range, and section. Where available, the street address or lot number(s) shall be given. This information may be available from the County Assessor's Office or U.S. Geological Survey (USGS) maps. (2) The main entrance to the mine site shall be located based on a USGS topographic map showing latitude and longitude or Universal Transverse Mercator (UTM). The operator will need to specify coordinates of latitude and longitude in degrees, minutes and seconds or in decimal degrees to an accuracy of at least five (5) decimal places (e.g., latitude 37.12345 N, longitude 104.45678 W). For UTM, the operator will need to specify North American Datum (NAD) 1927, NAD1983, or WGS 84, and the applicable zone, measured in meters. All lands located within the permit boundary which may be affected include those parcels located in parts of the • SW/4, Section 34; and S/2SE/4, Section 33; all in Township 5 North; Range 66 West; and, • W/2NE/4, and the E/2NE/4; Section 4; and the W/2NW/4 and NE/4NW/4; Section 3; all in Township 4 North; Range 66 West; all in the 6"' P.M.; Weld County, Colorado, and comprising 409.234± acres, more or less as determined by American West Land Surveyors, Brighton, CO. The mine entrance is identified on Exhibit C-2: Extraction Plan Map, and located as identified under NAD 83 Colorado State Plane North Zone: Lat/Long for ALL Fields: Central Field SW Entrance: Central Field N Entrance: Central Primary Entrance: NW Field S Entrance: NW Field E Entrance: NE Field SW Entrance: Latitude (N) 40.41540 + Longitude (W) -104.64020 Latitude (N) 40:34816 + Longitude (W) -104.77656 Latitude (N) 40.34174 + Longitude (W) -104.77663 Latitude (19 40.34596 + Longitude (W) -104.78363 Latitude (N) 40.34954 + Longitude (W) -104.77504 Internal from Central Field Town of Milliken is adjacent to a portion of the West Boundary Town of Evans is overlain across portions of the combined Parcels VARRA COMPANIES, INC.TWO RIVERS SAND GRAVEL AND RESERVOIR PROJECT MARCH 2022 A REGULAR IMPACT [112] CONSTRUCTION PERMIT APPLICATION - COLORADO DIVISION OF RECLAMATION MIING 8, SAFETY OFFICE OF MINED LAND RECLAMATION SO April 13, 2022 COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources Bradford Janes Varra Companies, Inc. 8120 Gage Street Frederick, CO 80516 Re Two Rivers Sand, Gravel and Reservoir Project, File No. M-2022-013 Receipt of 112c Construction Materials Reclamation Permit Application Package Dear Mr. Janes: On April 4, 2022, the Division of Reclamation, Mining and Safety received your 112c Construction Materials Reclamation Permit Application package for the Two Rivers Sand, Gravel and Reservoir Project, File No. M-2022-013. Preliminary review of the information received determined that the following additional information must be received before the Division can consider your application as being submitted and technical review can begin. Please re -submit page 2 of the application and provide the distance and direction to the nearest municipality and the site elevation. Please re -submit page 3 of the application and provide the Inspection Contact information for this permit. Please re -submit page 6 of the application without initialization of the final item (#10) or submit documentation of a power of attorney related to a joint venture or partnership. Your application will not be considered submitted until all the information listed above is received and found sufficient to begin our review. You have sixty (60) days from the above date to submit all necessary documents that the Office needs for an application to be considered filed. If, at the end of the sixty day period, the application has not been determined to be filed with the Office, the Office may deny the application and terminate the application file. This letter shall not be construed to mean that there are no other technical deficiencies in your application. The Division will review your application to determine whether it is adequate to meet the requirements of the Act after submittal of all required items. 1313 Sherman St. Room 215 Denver, CO 80203 P (303) 866-3567 F (303) 832-8106 https://drms.cotorado.gov Jared Polls, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director If you have any questions, please contact me by telephone at 720-601-2276, or by email at Rob.zuber@state.co.us. Sincerely, Robert D. Zuber, P.E. Environmental Protection Specialist Cc: Michael Cunningham, DRMS Page 11 6.4.5 EXHIBIT D — Extraction Plan The mining plan shall supply the following information, correlated with the affected lands, map(s) and timetables: (a)description of the method(s) of mining to be employed in each stage of the operation as related to any surface disturbance on affected lands; (b)earthmoving; (c)all water diversions and impoundments; and (d)the size of area(s) to be worked at any one time. (e)An approximate timetable to describe the mining operation. The timetable is for the purpose of establishing the relationship between mining and reclamation during the different phases of a mining operation. An Operator/Applicant shall not be required to meet specific dates for initiation, or completion of mining in a phase as may be identified in the timetable. This does not exempt an Operator/Applicant from complying with the performance standards of Rule 3.1. If the operation is intended to be an intermittent operation as defined in Section 34- 32.5-103(11)(b), C.R.S., the Applicant should include in this exhibit a statement that conforms to the provisions of Section 34-32.5-103(11)(b), C.R.S. Such timetable should include: (i)an estimate of the periods of time which will be required for the various stages or phases of the operation; (ii)a description of the size and location of each area to be worked during each phase; and (iii)outlining the sequence in which each stage or phase of the operation will be carried out. (Timetables need not be separate and distinct from the mining plan, but may be incorporated therein.) (f)A map (in Exhibit C - Pre -Mining and Mining Plan Maps(s) of Affected Lands, Rule 6.4.3) may be used along with a narrative to present the following information: (i)nature, depth and thickness of the deposit to be mined and the thickness and type of overburden to be removed (may be marked "CONFIDENTIAL," pursuant to Rule 1.3(3)); and (ii)nature of the stratum immediately beneath the material to be mined in sedimentary deposits. (g)Identify the primary and secondary commodities to be mined/extracted and describe the intended use; and (h)name and describe the intended use of all expected incidental products to be mined/extracted by the proposed operation. (i)Specify if explosives will be used in conjunction with the mining (or reclamation). In consultation with the Office, the Applicant must demonstrate pursuant to Rule 6.5(4), Geotechnical Stability Exhibit, that off -site areas will not be adversely affected by blasting. (j) Specify the dimensions of any existing or proposed roads that will be used for the mining operation. Describe any improvements necessary on existing roads and the specifications to be used in the construction of new roads. New or improved roads must be included as part of the affected lands and permitted acreage. Affected land shall not include off -site roads which existed prior to the date on VARRA COMPANIES, INC. TWO RIVERS SAND GRAVEL AND RESERVOIR PROJECT MARCH 2022 A REGULAR IMPACT [112] CONSTRUCTION PERMIT APPLICATION -COLORADO DIVISION OF RECLAMATION MIING & SAFETY OFFICE OF MINED LAND RECLAMATION Page I2 6.4.5 EXHIBIT D — Extraction Plan which notice was given or permit application was made to the office and which were constructed for purposes unrelated to the proposed mining operation and which will not be substantially upgraded to support the mining operation. Describe any associated drainage and runoff conveyance structures to include sufficient information to evaluate structure sizing. Prologue: Extraction of natural resources for rock products is essential to the well-being of a community. The urban infrastructure served by development of construction materials is a local and transitional benefit. The more remote these resources are from the need, the greater the cost to the private and public community. Unlike fixed urban impacts to the landform and area ecosystems, reclamation and restoration of extracted lands allow for preservation of natural buffers, and complementary alteration of both natural and human systems. Commencing on the family farm in 1948, the Varra family combines nearly 73± years of operational experience that serves as testimony to a history of sound and thoughtfully executed operations of this kind. For the Two Rivers Sand Gravel and Reservoir Project, lands not otherwise occupied for Developed Water Resources will be improved to the highest possible end -use. Post Extraction Uses beyond the Primary Use of Developed Water Resources will likely comprise continuing and diverse general agricultural uses; as well as possible light residential, commercial, or industrial uses; as determined by right, or as otherwise authorized by the governing authority. The restoration of above ground lands to native grasses and attending large water bodies are a baseline asset to area wildlife terrestrials and avifauna. Beyond good will, there are continuing landowner philosophical and economic enticements to further benefit area wildlife populations and diversity to further the value and enjoyment of the modified and surrounding lands. These efforts laid down over time involve the considerable experience of the landowner, staff, and other resources, including periodic consultation with the Colorado Division of Wildlife, the U.S. Natural Resources and Conservation Service, Colorado State University Natural Resource Departments and Extension Service, and a multitude of other natural resource professionals; including those highly qualified organizations and professionals who have already contributed to the Exhibits included under this application. Setting: The project area lies along and within the flood plain of the South Platte and Big Thompson Rivers. The predominant location of extraction is proximal to the geological delta found near the existing confluence of the two VARRA COMPANIES, INC. TWO RIVERS SAND GRAVEL AND RESERVOIR PROJECT MARCH 2022 A REGULAR IMPACT [112] CONSTRUCTION PERMIT APPLICATION - COLORADO DIVISION OF RECLAMATION MIING 8, SAFETY OFFICE OF MINED LAND RECLAMATION Page 13 6.4.5 EXHIBIT D - Extraction Plan rivers (hence, the Two Rivers Sand Gravel and Reservoir Project (Two Rivers Project; or TRP); and overlies bedrock that varies in depths as shallow as 20± feet in some locations, and more commonly 30-45± feet in depth from the surface. The permit area is flanked on its immediate western boundary by agricultural operations. To the north, residential uses expand, as remnant agriculture clings to the rising ground. Unfettered agricultural and rangeland uses still thrive as they extend beyond the permit boundary east, west, and south of the permit boundary along the alluvial influences of the two rivers. To the immediate east of the TRP, riverine lands are under active transformation into a created wetland bank. It should be understood that agricultural practices will remain active over the project area until converted by resource recovery and reclamation. America's first Transcontinental Railroad was being discussed in the 1840's, and surveyed in the 1850's. The railroads began the transformation of the American West on 10 May 1869 at Promontory Point, Utah. Railroad routes were being planned for this location and surrounding lands likely soon after the end of America's Civil War. The lines planned over the Two Rivers parcels were never built. Other lines were built nearby, like the Union Pacific's Dent line, that runs parallel to this day along the south bank of the South Platte River; and below the TRP. With area railroads came increased settlement, and with population the nature of the landscape became modified to complement growing market economies of agriculture and commerce since the early 1870's. We estimate the lands hugging the two rivers were farmed and the topography gradually manipulated for agriculture following the early establishment of Greeley and LaSalle, Colorado; in 1869-70. Area crops are commonly in corn, but this has not always been the case. We postulate that near the onset of the Twentieth Century sugar beet farming began to feed the demand of area sugar beet mills, further evidenced by speculative railroad routes over and near the parcel, itself. So, the appearance of the land that we see today, is commonly different than what it appeared at the time of settlement. In order to improve the area and extent of tillable lands, even early agricultural practices included landform modification to aid the plow. Prior floodplain modification is evidenced today by the historical placement of utilitarian levees flanking the existing agricultural fields along the outer cottonwood tree lined escarpments of each river. The levees are maintained to this day, and form perimeter access to the rivers and tillable fields. VARRA COMPANIES, INC. TWO RIVERS SAND GRAVEL AND RESERVOIR PROJECT MARCH 2022 A REGULAR IMPACT [1121 CONSTRUCTION PERMIT APPLICATION - COLORADO DIVISION OF RECLAMATION MIING & SAFETY OFFICE OF MINED LAND RECLAMATION Page 14 6.4.5 EXHIBIT D — Extraction Plan The later creation of farm to market County Road 396 eased access to the areas' agricultural fields, yet consequentially separates the fields at the TWP with its graveled surface, and subsequent rights -of -way and easements. The levees, public roads, cottonwood corridors and area tributaries are visible in the different map exhibit aerial images, and will not be impacted by planned extraction. All planned operations have conforming setbacks, and levee access will remain limited to wheeled vehicles during operations. Today, the upper terrace where extraction operations are planned, supports agricultural crops above the lower stream terrace formed further below and beyond the perimeter levees and cottonwood corridors that frame the adjacent active stream channels. The Fields designated for resource recovery (Central Field and North-West Field; as shown on Exhibit C - 2: Extraction Plan Map) lie over a nearly level upper terrace of the two rivers. The South Platte River borders the southern and eastern extent of planned extraction, and the Big Thompson River intersects the permit area north of the Fields. The stream terrace itself is a riparian area that supports on its flanking escarpment an uneven aged stand of Cottonwood trees. The uneven aged trees suggest this segment of the river has experienced some scouring in the past from periodic, yet commonly limited, flooding; which encourages natural regeneration of Cottonwoods. To determine the influence of past activities on groundwater, twelve (12) Piezometer Wells were located along and within the entire TRP boundary. Groundwater level information here, is based on 5.75 years of continuous monthly measurements at twelve (12) piezometer locations identified on the included Exhibit G: Water Information Map. Recorded groundwater depths vary in elevation below the surface, with a general (weighted) mean depth of 8.40± feet. Groundwater elevations are influenced by crop irrigation practices that run generally from April through September, and may occasionally lag into the middle of October. During this time groundwater depths may be skewed higher in elevation to the extreme North-eastern extents of Central Field, yet with few exceptions, groundwater elevations over the entire site remain significantly deeper than 5.11± feet from the surface, year over year, over the entire TRP area. Using the approximate surface elevation at the extreme eastern boundaries of North-West Field and Central Field, and noting that groundwater fluctuations will commonly meet at 8.40± feet below the surface, yet rarely rise more than VARRA COMPANIES, INC. TWO RIVERS SAND GRAVEL AND RESERVOIR PROJECT MARCH 2022 A REGULAR IMPACT [1121 CONSTRUCTION PERMIT APPLICATION - COLORADO DIVISION OF RECLAMATION MIING 8, SAFETY OFFICE OF MINED LAND RECLAMATION Page 15 6.4.5 EXHIBIT D — Extraction Plan 5.11± feet from the surface, we determined the Static Water Level using the upper limit of 5.0± feet. The Cyan colored contour shown on Exhibit G: Water Information Map represents the Static Groundwater Elevation at 4675' at North-West Field, and 4673' at Central Field. Since completed reservoirs will be lined to meet State of Colorado Water Resources specifications and requirements, and since lined basins will ultimately equalize with the surrounding groundwater elevations, the Static Water Levels shown should reasonably reflect those of the both the lined or unlined state; and represent a proper reflection of the optimal surface area of the water over the finished basins. Varra Companies, Inc. has sufficient water to meet the circumstances and obligations of both the lined and unlined states; and as reflected under Exhibit G: Water Resources Information; until and unless the reservoirs have an approved liner, the Operator will dedicate sufficient waters to secure the reclamation of the resulting basins in the unlined state. Planned Field Activities: The 409.23± acre parcel boundary forms the permit boundary, as reflected on exhibit maps. All lands under its direct control within the 409.23± acre permit area, are affected lands under C.R.S. 34-32.5- 103(1), respective of this permit application. As a result, any changes required in the nature of planned extraction or reclamation will be made only through the Colorado Office of Mined Land Reclamation (OMLR), by Technical Revision only. If lands are needed beyond the designated permit boundary, those lands will be secured for the active OMLR permit by Amendment. Within the permit boundary, there are two* (2) identifiable areas designated for primary extraction, the description of which will help to explain the nature of planned extraction and reclamation. The Primary Areas of Extraction are as follows: 180.76± Acres = Primary Extraction (***) Central Field: 20-30± years (2022- `52) ** 53.30± Acres = Primary Extraction North-West Field: 5-10± years (2047- `57) ** 234.06± Acres = Total Primary Extraction * 175.17± Acres = Affected Lands beyond planned extraction limits 409.23± TOTAL (*) NOTE: The third area of secondary extraction is limited to apx. 5.60± Acres for a Plant Processing/Stockpile Area Pond, as further indicated, below; and is not included in this total. (**) NOTE: Final reclamation will add up to five (5.0±) years to the anticipated Life of the Mine, subsequent to completion of extraction and removal of all marketable materials. Life of Extraction is an approximation, and could lengthen or shorten the overall life of the mine depending upon market conditions. (***) NOTE: Of the 180.76± Acres of Primary Extraction, 4.22± Acres comprise an existing Farm Yard & Structures with residence. These facilities may be leased or VARRA COMPANIES, INC. TWO RIVERS SAND GRAVEL AND RESERVOIR PROJECT MARCH 2022 A REGULAR IMPACT [112] CONSTRUCTION PERMIT APPLICATION - COLORADO DIVISION OF RECLAMATION MIING & SAFETY OFFICE OF MINED LAND RECLAMATION Page 16 6.4.5 EXHIBIT D — Extraction Plan otherwise utilized as an Office and Support/Storage facilities for Operations, potable water and sanitation. Lands identified within a designated Extraction Limit may not be extracted, including the Farm Yard area, as circumstances warrant according to the discretion of the Operator. Of the outlying 175.17± Acres: 15.76± Acres = Plant Processing/Stockpile Area 5.69± Acres = Secondary Extraction - Plant Processing/Stockpile Area Wash Pond 21.35± TOTAL The remaining 153.82± acres of lands within the permitted limits may comprise planned or existing permanent access roads, levees, previously affected areas, and areas of minor to no disturbance (including public transportation corridors, right-of-way's, easements, permanent structures, river and stream terrace and cottonwood corridor buffer areas), or other farm land features or structures; or as otherwise determined from included maps and aerials. These lands may also include essential support operations, including: parked vehicles, equipment, plant site equipment and processing stockpiles, etc., not otherwise explicitly indicated or shown, but reasonably associated with operations of like kind, and may be varied in location and extent over time; or otherwise, field fit within the permit boundary as warranted. Wetland conditions appear confined within portions of the stream terrace and bank -full stage of the rivers, and along segments internal to the Evans Canal. Extraction will form a depression (basin) within the floodplain as shown in Exhibit C-2: Extraction Plan Map. Temporary above ground fill may occur within the floodplain, and as part of this permitted activity, provided the above ground volume does not exceed the below ground volume created by extraction. All product stockpiles and processing will occur within the city limits of Evans under this application, and North and outside of the floodplain boundary of the 100 -year floodplain of the Big Thompson River. The floodplain extent will be visually marked in the field to better assure the integrity of the floodplain. Material transport of raw materials from extraction locations to the plant site will occur via conveyor (see route on Exhibit C-2: Extraction Plan Map). This will in turn serve to minimize impacts to area transportation corridors. The actual location, extent, and nature of the conveyor systems not otherwise designated in this submittal will be provided as updates in the required OMLR Annual Reports. Known structures and landowners, including above and below ground utility owners, located on and within 200± ft. of the permit boundary, are shown on Exhibit C-1: Existing Conditions Map. Exhibit S: Stability Analysis - provides VARRA COMPANIES, INC. TWO RIVERS SAND GRAVEL AND RESERVOIR PROJECT MARCH 2022 A REGULAR IMPACT [112} CONSTRUCTION PERMIT APPLICATION - COLORADO DIVISION OF RECLAMATION MIING & SAFETY OFFICE OF MINED LAND RECLAMATION Page 17 6.4.5 EXHIBIT D — Extraction Plan certification from a registered professional engineer that these structures will not be harmed by planned extraction profiles and extents. Access to the Theater of Operations: Entry into the permitted areas is dependent upon the needs and necessary management of continued agricultural activities during operations, as well as essential management and mobility within the active areas of extraction, processing; and correlated need for transportation of human resources, equipment, and product. Human resources for operations, heavy equipment, and haul traffic will occur based upon the desired and dynamic activities necessitated by time and circumstance within the designated Fields. Access points for continued agricultural, extraction, and plant site operations are shown * on Exhibit C-2: Extraction Plan Map, as follows (NOTE: Access purpose and usage may change in time from that indicated here -in. Also, General Existing Dimensions and length of existing access roads are represented in the aerial images on the Exhibit Maps relative to the Access locations detailed, below. Modifications may occur as needed and will be reported in OMLR Annual Reports.): Q * Entrance 1: Farmstead entrance. Limited Access. Note: Visitors will first access operations by checking in at an established plant scale -house, not here. Entrance 2: Primary Access to the lower boundary of Central Field. Entrance 3: Primary Westem Access to the North-West Field. Entrance 4: Primary Eastern Access to the Wash Pond and designated Plant Site. Entrance 5: Adjacent Parcel Existing Access. Entrance 6: Oil & Gas Access into the Western Section of Central Field. Entrance 7: Primary Eastern Access to the North-West Field. Entrance 8: Primary Northern Access to Central Field. Entrance 9: Primary Northern Access into the designated Plant Site location. Entrance 10: Internal Access from Adjacent Lands. Entrance X — Agricultural/Mechanical Entrance WV — Agricultural/Mechanical — Westervelt R -O -W Access to adjacent Wetland Bank Existing roads outside of the permit boundary are shown on Exhibit C -l: Existing Conditions Map. Existing on -site internal access roads are also visible to scale in the aerial information provided under Exhibit C-2: Extraction Plan Map and other map exhibits included with this submittal. In general, VARRA COMPANIES, INC. TWO RIVERS SAND GRAVEL AND RESERVOIR PROJECT MARCH 2022 A REGULAR IMPACT [112] CONSTRUCTION PERMIT APPLICATION -COLORADO DIVISION OF RECLAMATION KING & SAFETY OFFICE OF MINED LAND RECLAMATION Page 113 6.4.5 EXHIBIT D — Extraction Plan preferred native seed mixture offers opportunity to gauge the potential performance of the selected species prior to utilizing it over larger areas requiring reclamation later in the life of the resource recovery operation. Once vegetation is established over the initial reclamation soil stockpiles, they will likely remain untouched for the life of the operation until final reclamation of remaining affected lands takes place. Where concurrent reclamation is possible, operations will utilize soil in an over the shoulder method when practical. In this manner, reclamation is expedited without increasing soil stockpile volumes while reducing expenditures related to labor, handling, and time. Dewatering: As extraction activity progresses into the aggregate profile, groundwater must generally be removed in advance through the use of pumps and subsequent discharge into area tributaries. A complete dewatering evaluation was performed by AWES in their report of 27 July 2020, as provided at the back of Exhibit G: Water Information. The report concludes that `the results of analytical and numerical solutions indicate that the proposed mine dewatering activities will not adversely affect the regional groundwater hydrology.' The reader is further assured that all discharge of waters will be conducted under an approved CDH discharge permit. Initial dewatering of the property in preparation for extraction and resource recovery will occur by establishment of a dewatering pump and/or well in the Southern boundary near an existing agricultural pond. The point of discharge is on Exhibit G: Water Information Map. Other discharge locations may occur in time as needed and otherwise approved under the applicable CDH discharge permit requirements. Subsequent CDH approved discharge locations will be field fit and the location updated in the following OMLR Annual Report. Active Resource Recovery: Following soil salvage, the balance of the extractable deposit will be removed to the depth of the unconsolidated or weathered bedrock, transported by conveyor to the plant site pit run, and subsequently manipulated as desired by screening, crushing, washing, and other methods to size and properly dimension the earth product into diverse merchantable materials for sale. Resource recovery will commence radially North and East from a point near the existing pond and planned first discharge point shown near the Southern boundary of Central Field. There are no fixed sequences or phases scheduled as part of the extraction plan. Instead, Fields are used instead of Phases to describe the activities, since each Field can be accessed concurrently instead of sequentially with the VARRA COMPANIES, INC. TWO RIVERS SAND GRAVEL AND RESERVOIR PROJECT MARCH 2022 A REGULAR IMPACT [112] CONSTRUCTION PERMIT APPLICATION - COLORADO DIVISION OF RECLAMATION MIING & SAFETY OFFICE OF MINED LAND RECLAMATION Page 114 6.4.5 EXHIBIT D — Extraction Plan other; as reflected or otherwise updated as part of required OMLR Annual Reports. Under this method, extraction is 'pulsed.' As such, the rate of extraction and subsequent reclamation will slow or quicken according to influences of the markets, weather, and internal logistics. Flexibility in Operations encourages better outcomes when adapting to changing circumstance or unexpected field conditions, and may involve actively working different fields or different parts of the same field as necessary. Generally, flexibility aids integrity of operations and encourages optimizing operational activity and subsequent reclamation of affected lands. Therefore, any method that accelerates the extraction timeline will be utilized, and should be encouraged to better engage the unpredictable elements and variables that reasonably affect the capacities of the Operator. Exhibit C-2: Extraction Plan Map, shows the location and planned extraction limits, general direction of extraction, and related features described above; along with features made obvious in the included aerial image of the permit location and surrounding lands. Additional information is provided under Exhibit C -l: Existing Conditions Map; which shows all known current and active significant man-made structures located on or within 200 feet of the permit boundary detailed under including creeks, roads, buildings, oil and gas facilities [such as tanks, batteries, wells and lines], and power and communication lines and support structures, easements and rights -of -way; located over the permitted lands or within 200 feet of the same. A listing of the adjoining surface owner's names and addresses located within these areas are listed under Exhibit C Text, correlated with those shown in the afore -mentioned Exhibit C -l: Existing Conditions Map. The extraction limits assure through the use of setbacks that other interests are not affected by planned extraction. Extraction is set back uniformly at a min' 10.0± feet from the edge of property lines; easements and rights -of - way; underground gas lines or other underground facilities, irrigation ditches and seep ditch, wells and other structures. Specific variations in the location of: stockpiles, boundaries of extraction, and related information relative to adjacent structures and easements; from that represented on Exhibit C-2: Extraction Plan Map. Extraction will not occur closer than 125± from the face of a residential structure; unless there is a written accommodation with the owner of the residential structure that allows extraction to occur within a closer stated limit. Extraction will occur no closer than 25± feet from well heads and related above ground facilities. Extraction around well heads will be concurrently backfilled to maintain a 100± foot buffer from the balance of extracted lands. At all VARRA COMPANIES, INC. TWO RIVERS SAND GRAVEL AND RESERVOIR PROJECT MARCH 2022 A REGULAR IMPACT [1121 CONSTRUCTION PERMIT APPLICATION - COLORADO DIVISION OF RECLAMATION MIING & SAFETY OFFICE OF MINED LAND RECLAMATION Page In 6.4.5 EXHIBIT D — Extraction Plan times, safety will take precedent and over -ride all other conditions in time with a matter of safety or emergency respective to any and all aspects of the approved permit. To minimize the potential of river capture, planned setbacks from the two rivers was evaluated by Flow Technologies (refer to report at the back of Exhibit G: Water Information - titled: `Two Rivers Riverside Berm Failure Analysis and Flood Control Mitigation Plan' of 22 January 2020). The report finds: `... that head cutting/erosion will not progress through the full length of a 100 -ft riverside berms. It is important to note that should a flood occur that results in head cutting/erosion of a riverside berm, Varra Companies, Inc. will act diligently to restore the damaged areas to pre - flood conditions. As mentioned, this analysis is conservative and riverside head cutting/erosion is based on the 100-yr flood. There is a small probability that such a flood event could occur during extraction and when the pit is dewatered. During extraction, a predominantly vertical advancing pit wall (the extraction front) is not anticipated due to the use of excavators in the removal of the material deposits. Excavators provide a great deal of control over the extraction process. The maximum length of the extraction front will likely never exceed the length of one side of a quarter section of land, or 1,320± feet, or less; in any given direction. The advancing front will result in a moving face with a slope typically equal to or flatter than 1.25H:1V, and commonly not greater than 1.25H:1V along the perimeter of the extraction limits to depth. The exception to cut perimeter slopes is shown with a distinct Red Boundary on Exhibit C-2: Extraction Plan Map, where cut slopes will not exceed 2H:1V in order to maintain integrity and stability along that designated perimeter area (refer to the AWES Slope Stability Analyses of 23 December 2019, located at the back of this exhibit). Internal transport of extracted materials to conveyor systems or other internal transport; or otherwise by approved public roadways, will be used in the transportation of extracted materials to the designated plant/stockpile location, described in greater detail, below. Acreage to be affected during the first year of extraction activities include the establishment of the initial Wash Pond and attending Settling Pond(s), Plant Site, and Initial Areas of Extraction and attending means of transportation by ground haulage or conveyor. While the acreage required for the Plant Site and Wash Pond are not expected to change, the Initial Area of Extraction will VARRA COMPANIES, INC. TWO RIVERS SAND GRAVEL AND RESERVOIR PROJECT MARCH 2022 A REGULAR IMPACT [112] CONSTRUCTION PERMIT APPLICATION - COLORADO DIVISION OF RECLAMATION MIING & SAFETY OFFICE OF MINED LAND RECLAMATION Page 116 6.4.5 EXHIBIT D — Extraction Plan expand until concurrent reclamation follows as each location is exhausted of resource. Although initial extraction may otherwise result in temporary slopes up to I.25h:1v, all cut slopes will be backfilled with unconsolidated bedrock, overburden (on -site unmerchantable excess materials, or imported inert materials) and soil to advance the reclamation and completion of the desired basins. Final reclaimed slopes and grades will be concurrently established where practical to 3h:ly, or flatter, and at a minimum from 5± feet above to 10± below the expected water level of each location of extraction, and to the basin floor. Concurrent backfilling and grading of cut perimeter slopes, while desirable, may be obstructed in time and extent by the need to maintain keyways and basin discharge during extraction. Backfilling of slopes can only occur once enough of the floor is exposed to facilitate backfilling and finished grade of extracted basin slopes without interfering with basin discharge operations. This makes concurrent backfill difficult to accurately forecast. Regardless, any completed slope remediation will be indicated in any subsequent OMLR Annual Report. Cut slopes will cause direct precipitation to drain internally into the resulting basins and are not anticipated to result in any off -site impacts due to erosion or stormwater runoff. The gentle to near flat topography of the area landscape tends to aid in overall stability above the planned areas of extraction. While some erosion of resulting basin perimeter slopes will be evident subsequent to extraction, the advance of reclamation activity over affected lands will provide cover for both near and long-term stability of those lands remaining above water level of the finished basins. All completed slopes above the anticipated static groundwater elevation will be soiled, seeded and stabilized as provided for under Exhibit E - Reclamation Plan. Of the total 234.06± acres of potential extraction, the resulting basins will function as multiple -use reservoirs with a slightly fluctuating combined water surface area covering 218.44±. The remaining balance of 37.9± acres of land above the anticipated high-water mark of the reservoirs, and not otherwise committed to existing or planned structures or infrastructure over the parcel, will be stabilized with vegetation; including the anticipated 16.50± acres of basin slopes reflected in the total, and 32.3 acres requiring resolling. NOTE: Shoreline irregularities and fill to establish and enhance the aesthetic and end -use functions of the resulting basins shown on Exhibit F: Reclamation Plan Map, are illustrative only, as this effect as to location and extent will be VARRA COMPANIES, INC. TWO RIVERS SAND GRAVEL AND RESERVOIR PROJECT MARCH 2022 A REGULAR IMPACT [112] CONSTRUCTION PERMIT APPLICATION - COLORADO DIVISION OF RECLAMATION MIING & SAFETY OFFICE OF MINED LAND RECLAMATION Page ( 17 6.4.5 EXHIBIT D — Extraction Plan field -fit where practical, and may substantively different from that portrayed under the application. The actual location and extent will be identified in subsequent OMLR Annual Reports, and absent there, at the time of any applicable release of a location in part or whole from the permit. Since representations cannot be accurately portrayed in advance, Exhibit F simply identifies the near maximum extent [typical] of the resulting basins or ponds and the potential for shallows during lining and finished grading. The estimated timetable for extraction, commencing approximately spring to winter 2021; is estimated to take 25-30± years combined, or longer, followed by an additional five years to complete reclamation; or a total estimated life of the mine of 30-35± years; ending approximately winter 2052 to 2057. This is a life of the mine operation and all timetables are estimates and may prove shorter or longer than stated. The final determination will occur five years after the deposit is exhausted and all marketable product has been removed and necessary infill completed at the location to the point of final reclamation as approved or modified under the terms of the permit is completed. This submittal is unable to fully forecast the maximum extent of affected land expected at any given point in time, beyond an annual basis. As operational extraction and reclamation efforts will vary annually, the timing of extraction, reclamation, and life of operation as forecasts must be based on an initial estimate [refer to Exhibit L - Reclamation Costs], then subsequently verified and adjusted as reasonably determined at the time of the required OMLR Annual Report. If justified by field conditions, a rider to the warranty would follow in due course to reflect current or forecast conditions where such conditions cannot be reasonably attenuated in a timely manner prior to the due date of the next year's Annual Report. This will serve to assure flexibility and confidence in continued operations until completion of the desired end use. Additional information on the reclamation and restoration of affected lands is identified under Exhibit E: Reclamation Plan. All reclamation will follow guidelines established under Exhibit E - Reclamation Plan and Exhibit I/J: Soils and Vegetation Information, until and unless otherwise revised. To the extent possible, pond bottoms will be left rough, with the possible introduction of logs or other non -putrescent inert material to aid in aquatic habitat and cover [Refer to Exhibit H - Wildlife Information]. Plant Site Development & Operations: Plant operations are generally comprised of portable equipment. A small wash pond will be established near the onset of extraction operations as shown in Exhibit C-2: Extraction Plan Map. Deposit materials are predominantly transported or conveyed from the VARRA COMPANIES, INC. TWO RIVERS SAND GRAVEL AND RESERVOIR PROJECT MARCH 2022 A REGULAR IMPACT [112] CONSTRUCTION PERMIT APPLICATION -COLORADO DIVISION OF RECLAMATION MIING & SAFETY OFFICE OF MINED LAND RECLAMATION Page in 6.4.5 EXHIBIT D — Extraction Plan north-west of the existing Evans Ditch as it courses winds north of the Big Thompson River. Plant activities will require a wash plant and attending wash pond to recycle wash water and receive discharge silts and other reject fines from the washed product. Plant and Wash Pond areas are identified on Exhibit C-2: Extraction Plan Map. The wash pond will function as recycling wash water and receiving basin for reject fines for the intended Plant/Processing activities. Since the basin functions in a closed system, it will not require dewatering. Once the wash pond is established, wet plant operations can be created and join any dry plant activities in progress. Dry Plant operations can be readily established since water is not integral to their operations. Once established, wash pond water will function as a closed system. Settled materials from wash Ponds will be utilized as product or for reclamation as desired. Plant equipment will include, but is not limited to, a crusher, screens, and conveyors, scale house and scale, and attending equipment. Resulting stockpiles of pit run and processed products may be temporarily stockpiled here with processed stockpiles, or combined as needed, until transported to market. Ultimately, once the wash plant activities near the completion of extracted deposit material, the closed system wash pond will fill with silt and be revegetated in a manner consistent with Exhibit E - Reclamation Plan. Interim clean out of the wash pond will occur until that point, returning the inert materials to the bottom of exhausted pits, or utilizing it in part or in whole as product, or for purposes as substitute soil, soil additive, or as subsoil for reclamation. Plant and material processing activity will divide materials into diverse and dynamic product stockpiles that will come and go with unpredictable variations in sale and production. To the extent possible, product material will surround plant activities to further lessen visual and noise impacts to surrounding properties. Plant placement will assure that plant noise is well below that of the nearby traffic. Relative to noise, traffic travelling on area roads at 55 mph or above is approximately 70.0± decibels within 100 feet from the centerline of the Highway. Noise at ground zero at a cone crusher, as measured by a hand- held meter, is at 80.0± decibels, dropping to 70.0± decibels at I00.0± feet from the center. The level drops an additional 5.0± decibels for every 100.0± feet from the center of the crusher and surrounding plant noise, achieving residential background levels at a total setback of 400± feet. VARRA COMPANIES, INC. TWO RIVERS SAND GRAVEL AND RESERVOIR PROJECT MARCH 2022 A REGULAR IMPACT [112] CONSTRUCTION PERMIT APPLICATION -COLORADO DIVISION OF RECLAMATION MIING & SAFETY OFFICE OF MINED LAND RECLAMATION Page I20 6.4.5 EXHIBIT D — Extraction Plan Backup sirens and heavy equipment averaged 60.0± to 75± decibels, with similar decreases in decibel readings from the source measured in a manner similar to that indicated for the crusher and plant equipment sources. Plant stockpiles will aid muting of plant sourced noise just as noise levels at areas of extraction are buffered with increasing depth of extraction. The location of the portable scale and scale house and correlated internal traffic at the plant site location will vary depending upon production levels and areas needed for product stockpiling. Regardless, the scale house will be located along internal paths for haul trucks, where finished material will be weighed and disembarked to help build the urban matrix of roads, highways, foundations, and desirable neighborhoods communities most desire. For a diverse list of products to be extracted and/or processed, and sold, they may include but are not limited to the more common products identified under Table DI - Earth Products, or other inert or commonly useful products used for diverse construction purposes, including, but not limited to: structural fill, concrete products, road construction products; and other products to aid the residential, commercial, industrial customer; and for any other infrastructure use. Explosives - will not be utilized. VARRA COMPANIES, INC. TWO RIVERS SAND GRAVEL AND RESERVOIR PROJECT MARCH 2022 A REGULAR IMPACT [112] CONSTRUCTION PERMIT APPLICATION - COLORADO DIVISION OF RECLAMATION MIING & SAFETY OFFICE OF MINED LAND RECLAMATION Page (1 6.4.5 EXHIBIT E - Reclamation Plan (1) In preparing the Reclamation Plan, the Operator/Applicant should be specific in terms of addressing such items as final grading (including drainage), seeding, fertilizing, revegetation (trees, shrubs, etc.), and topsoiling. Operators/Applicants are encouraged to allow flexibility in their plans by committing themselves to ranges of numbers (e.g., 6"-12" of topsoil) rather than specific figures. (2) The Reclamation Plan shall include provisions for, or satisfactory explanation of, all general requirements for the type of reclamation proposed to be implemented by the Operator/Applicant. Reclamation shall be required on all the affected land. The Reclamation Plans shall include: (a) A description of the type(s) of reclamation the Operator/Applicant proposes to achieve in the reclamation of the affected land, why each was chosen, the amount of acreage accorded to each, and a general discussion of methods of reclamation as related to the mechanics of earthmoving; (b) A comparison of the proposed post -mining land use to other land uses in the vicinity and to adopted state and local land use plans and programs. In those instances where the post -mining land use is for industrial, residential, or commercial purposes and such use is not reasonably assured, a plan for revegetation shall be submitted. Appropriate evidence supporting such reasonable assurance shall be submitted; (c) A description of how the Reclamation Plan will be implemented to meet each applicable requirement of Rule 3.1; (d) Where applicable, plans for topsoil segregation, preservation, and replacement; for stabilization, compaction, and grading of spoil; and for revegetation. The revegetation plan shall contain a list of the preferred species of grass, legumes, forbs, shrubs or trees to be planted, the method and rates of seeding and planting, the estimated availability of viable seeds in sufficient quantities of the species proposed to be used, and the proposed time of seeding and planting; (e) A plan or schedule indicating how and when reclamation will be implemented. Such plan or schedule shall not be tied to any specific date but shall be tied to implementation or completion of different stages of the mining operation as described in Rule 6.4.4(1)(e). The plan or schedule shall include: (i) An estimate of the periods of time which will be required for the various stages or phases of reclamation; VARRA COMPANIES, INC. TWO RIVERS SAND GRAVEL AND RESERVOIR PROJECT MARCH 2022 A REGULAR IMPACT [114 CONSTRUCTION PERMIT APPLICATION - COLORADO DIVISION OF RECLAMATION MIING & SAFETY OFFICE OF MINED LAND RECLAMATION Page 12 6.4.5 EXHIBIT E - Reclamation Plan (ii) A description of the size and location of each area to be reclaimed during each phase; and (iii) An outline of the sequence in which each stage or phase of reclamation will be carried out. (The schedule need not be separate and distinct from the Reclamation Plan, but may be incorporated therein.) (f) A description of each of the following: (i) Final grading - specify maximum anticipated slope gradient or expected ranges thereof; (ii) Seeding - specify types, mixtures, quantities, and expected time(s) of seeding and planting; (iii) Fertilization - if applicable, specify types, mixtures, quantities and time of application; (iv) Revegetation - specify types of trees, shrubs, etc., quantities, size and location; and (v) Topsoiling - specify anticipated minimum depth or range of depths for those areas where topsoil will be replaced. Acknowledged. Rule 6.4.5(1) is an advisory statement, the particulars of which are provided for, below. MISSION STATEMENT: Utilizing Resource Recovery of Sand and Gravel as a Method of Conservation to Establish DEVELOPED WATER RESOURCES; and to function as a Foundation for the implementation of other beneficial Multiple End -Uses over the Property. Reclamation and Development of the Property over Time. The majority of sand, gravel and other earth product demand, like water, is the consequence of market forces resulting from urbanization. The commercial, industrial, transportation, and other land use matrixes arise to support and sustain a growing residential population. Governments count the roof tops for they rely upon public and commercial revenue to sustain the roads, schools, water supply and infrastructure needed to secure it. With continued growth of human habitat and development in Colorado, the products that make possible the construction and maintenance of it all, comes from the ground. VARRA COMPANIES, INC. TWO RIVERS SAND GRAVEL AND RESERVOIR PROJECT MARCH 2022 A REGULAR IMPACT [112] CONSTRUCTION PERMIT APPLICATION - COLORADO DIVISION OF RECLAMATION MIING & SAFETY OFFICE OF MINED LAND RECLAMATION Page 13 6.4.5 EXHIBIT E - Reclamation Plan Unconsolidated aggregate deposits simply must be taken where they are formed. The aggregate resource must be recovered from undeveloped locations first, before those locations are overtaken by ever expanding urban development; or it is lost. Now is the time and this is the geologically determined and economically feasible location from which the proposed extraction activity must occur. Hence, the Two Rivers Sand Gravel and Reservoir Project. Underlying earth resources are too often squandered when human development occurs in advance of resource extraction and recovery. Extraction and resource recovery are required by Colorado law to occur in advance of development where sand and gravel deposits are present. The resource is 'recovered' to benefit inevitable and unrelenting human habitat and infrastructure expansion, while providing a more enduring indigenous buffer to the very impacts it serves. The extraction of aggregate resource is in fact resource conservation. Beyond that, it is an essential social asset. Without earth products, transportation maintenance costs increase as infrastructure begins to fall apart. Industries begin to shrink, along with correlated revenues for state and local governments. Impacts would likely spread downstream from there, degrading schools and everything else dependent upon government revenue, as taxes increase to make up the difference. Affected populations would likely begins to flee an ever-increasing tax burden, further depreciating home values while accelerating loss of revenues from ever diminished home valuations, loss of businesses, jobs, and ultimately the very infrastructure itself. Without earth products, the economic engine and quality of life for everyone, begins to unravel. The secondary and enduring benefit of mineral extraction is in the reclamation and restoration of extracted lands. Extraction of aggregate resources is comparatively temporary and transitional by its very nature. Reclamation at this location is geared to lay a foundation that will capture both short and long- term multiple -end use benefits that will complement the dynamic mix of surrounding land uses over time. While residential, commercial, and industrial development will eventually be inspired by economic forces over portions of the Two Rivers property; the primary end use will be the creation of essential Developed Water Resources. An understanding of the vital importance of aggregate resources to the people of Colorado is not new, but well established; and protected. It remains the stated duty of any governing body in Colorado to aid in the lawful recovery of these vital mineral resources under Title 34. Section 22-5-80 of Weld County's Code of Regulations is consistent with Colorado law, both of which require that this resource must be recovered prior to other development which would otherwise impede access to it. Municipalities are obligated for the sake of their citizens to assert the same. VARRA COMPANIES, INC. TWO RIVERS SAND GRAVEL AND RESERVOIR PROJECT MARCH 2022 A REGULAR IMPACT [1121 CONSTRUCTION PERMIT APPUCATION - COLORADO DIVISION OF RECLAMATION MIING & SAFETY OFFICE OF MINED LAND RECLAMATION Page 14 6.4.5 EXHIBIT E - Reclamation Plan The subsequent development of a diverse multiple land use potential at this location, when complemented with sound environmental parameters, as advanced under this application and the attending OMLR permit exhibits, is in keeping with the spirit and intent of the policies and goals of the State of Colorado, Weld County, and the Towns of Evans and Milliken. Approval of the application will allow the resource to be accessed and utilized in a responsible and orderly manner as required under both Colorado law, and consistent with local County and Municipal Regulations. Specific Reclamation Elements and Methods: This application provides substantial detail of features utilizing aerial photography that is ortho-rectified to approximately 1.0± percent of surveyed accuracy. This highly accurate and detailed portrayal of planned extraction and reclamation is visible under Exhibit C-1: Existing Conditions, Exhibit C-2: Extraction Plan Map, and Exhibit F - Reclamation Map. How reclamation will occur over affected lands is further detailed under Exhibit L - Reclamation Costs. As extraction progresses over the Fields south of the Big Thompson River, the resulting 1.25H:1V slopes (2H:1V, where indicated) created during extraction will be concurrently modified when and where practical. Concurrent reclamation is a natural incentive for Operations to speed site recovery while generally serving to lower attending financial warranty burdens. The cut slopes along the extraction limits perimeter will be finished graded by pushing the resulting pit bottom with a dozer until the resulting basin slopes conform with Rule 3.1.5(7). Since the primary end use is Developed Water Resources, the basins are intended to hold waters based upon the rights assigned by decree, or as stipulated in regulatory compliance with the Colorado Division of Water Resources, Office of the State Engineer (OSE). This may include the need to augment water sufficient to cover the anticipated exposed groundwaters of the basins in the unlined state. The entire unlined basin is or will be sufficiently covered under an approved substitute supply plan. In order to again liberate waters set aside for augmentation, the basins will at some point in the life of the activity be lined to segregate the basin from Colorado groundwaters. Lining of basins involves the placement of low permeability compactable fill, from on -site or other suitably sourced geologic materials, into the keyway; the same keyway used to facilitate discharge to keep the basins dry and free of groundwaters at the time of extraction. The balance of the basin floors and slopes are also covered and compacted with the same materials until it meets the standards established under the August 1999 State Engineer Guidelines for Lining VARRA COMPANIES, INC. TWO RIVERS SAND GRAVEL AND RESERVOIR PROJECT MARCH 2022 A REGULAR IMPACT [112] CONSTRUCTION PERMIT APPLICATION - COLORADO DIVISION OF RECLAMATION MIING & SAFETY OFFICE OF MINED LAND RECLAMATION Page (5 6.4.5 EXHIBIT E - Reclamation Plan Criteria. Typical to obtaining approval for the constructed liner, the lined basin must pass a 90 -day leak test. Correspondence from the OSE approving the construction of the lined basin will be submitted to the OMLR on receipt; or as part of any request for release of the permit, in part or whole. Essentially, the pushed parent rock material will form the minimum 3h:ly slopes of the basin and be compacted to a permeability of 10-6; forming a lined basin that complies with Colorado Water Law and Guidelines mentioned, above. In this manner, the lined basins will maintain a required separation and accounting of stored water from the underlying ground waters. Evidence of compliance with the rules and regulations of the Colorado Division of Water Resources will be provided to the OMLR on completion of the lined basins. Because Varra Companies, Inc. has sufficient water rights, the lining of the reservoirs is an option only; as in the absence of lined basins those water rights are sufficient to cover evaporative losses in an unlined state; therefore, there is no warranty needed for this consideration beyond the dedication of those waters necessary to supplement evaporation from exposed surface area of exposed groundwater during the life of the OMLR permit. A Backfill Notice is included with this application as an Addendum at the back of Exhibit E - Reclamation Plan, to facilitate the fill of portions of the extracted lands for final end -use potentials beyond water storage, which may include residential, commercial or industrial structures or uses otherwise approved, now or in the future, by Weld County, Colorado; or a Colorado municipality, as applicable. The extent and nature of the water storage basin represents the maximum build -out respective of optimal extraction of commercial product and resulting final slopes. As part of reclamation, lands situated above the anticipated final water level of the completed basins, and within 10.0± feet below the anticipated final water level of the basins, will be graded to 3H:1V, or flatter. Lands below 10.0± feet from the anticipated final water level of the basins will also be graded to 3H:1V, or flatter, unless 2H:1V slopes are otherwise approved by subsequent permit revision. Naturally occurring or previously established slopes may exceed 2H:1V where not otherwise affected by extraction activities and may not be altered as part of reclamation unless necessary to facilitate the reclamation of affected lands. All affected lands between the extraction limits and remaining above the anticipated high-water mark of the basins will be capped with a minimum of six (6.0±) inches of soil, as supported by Exhibit I & J - Soils and Vegetation Information. Timing and use of soil are detailed further under Exhibit I & J - Soils and Vegetation Information and Exhibit L - Reclamation Costs. Where compacted lands exist, and are to be revegetated, those locations will be ripped prior to re- VARRA COMPANIES, INC. TWO RIVERS SAND GRAVEL AND RESERVOIR PROJECT MARCH 2022 A REGULAR IMPACT [112J CONSTRUCTION PERMIT APPLICATION - COLORADO DIVISION OF RECLAMATION MIING & SAFETY OFFICE OF MINED LAND RECLAMATION Page 16 6.4.5 EXHIBIT E - Reclamation Plan soil application. There are no known areas of compaction at the time of this application which would require such activity; and ripping remains a contingency of the application. The final land configuration will ultimately result in two (2) reservoir basins totaling 234.06± surface acres, with a static water elevation surface area of 217.44± acres (refer to Exhibit F: Reclamation Map). The balance of unoccupied affected lands above the anticipated static water level will be stabilized where necessary utilizing the seed mixture as shown under Exhibit L - Table L-1: Primary/Preferred Revegetation Seed Mixture. Lands not otherwise occupied for developed water resources will be later developed to the highest possible end -use, and will likely comprise a mixed use which may include other general agricultural uses as well as light residential, commercial or industrial uses. The Primary Revegetation Seed Mixture, combines a thoughtful mingling of predominantly native grasses of diverse height, form, color and function, to assure that the reclaimed site can provide for a multiple -use benefit. Should post resource recovery land development be deferred, or even negated, all affected land remaining above the anticipated final water level of the resulting ponds will be stabilized with a diverse and durable cover of predominantly native grasses. This is compatible with, and an improvement over the diminished lands located in the floodplain of the two rivers, and area monocultures of residential bluegrass lawns and surrounding cropped land. Combined with the creation of waterfowl habitat, the baseline reclamation plan provided for under this submittal will provide less fragmentation of the area ecology than what may otherwise exist or transpire. As such, the operation will result in immediate and enduring positive impacts to area habitat as a long-term beneficial buffer against continued developmental impacts to the river ecosystem. Consistent with previous discussions with conservationists from the Division of Wildlife; operations will result in a desirable establishment of irregularities for the finished reservoirs. For example: The basin irregularities will be provided for, both by direct concurrent grading, post mine landform grading and establishment, and use of fill from excess or residual materials and reject fines from the operations. Shallower locations due to variations in site geology may allow for the creation of other shoreline features through the placement of fill. Due to the unpredictable nature of the anticipated geology [actual depth of material and type will vary - extraction and pond depths are approximated typical maximum extent] and other factors, it is a near misrepresentation to VARRA COMPANIES, INC. TWO RIVERS SAND GRAVEL AND RESERVOIR PROJECT MARCH 2022 A REGULAR IMPACT 1112] CONSTRUCTION PERMIT APPLICATION - COLORADO DIVISION OF RECLAMATION MIING 8, SAFETY OFFICE OF MINED LAND RECLAMATION Page (7 6.4.5 EXHIBIT E - Reclamation Plan forecast the final appearance of the ponds, as it creates an unrealistic expectation in a regulated environment on the minds of various regulating agents, the general public, and on Operations. Simultaneously, setting false expectations about the final appearance of the ponds, beyond that already portrayed, will drain flexibility from Operations essential to the creation of more desirable effects, while simultaneously exerting pressure for needless and on- going revisions to the permit. It should be remembered that the .Annual Report to the OMLR will provide a graphic record of this effort. Since the pace occurs over many years, there is ample time for reflection and analysis of the effort. Time and timing will also come into play respective of materials to be used as fill. The utilization of fill is dependent upon the space available for deposition over completed areas of extraction in relation to the rate of creation of reject fines and or other deposit materials. Other influences will be the attending space for stockpiling, uses, or market conditions for fill material. Some locations will be more advantageous to fill at a given point in time than others, and the attending circumstances cannot be reasonably anticipated. The random nature of this limitation will actually aid in furthering the establishment of preferred non -geometric patterns of the finished ponds. Exhibit F - Reclamation Plan Map, represents the regulated base for which reclamation must be judged as adequate for release. At the very least, the basins delineated under Exhibit F - Reclamation Plan Map, provide desirable shoreline irregularity and slopes in conformance with existing statutory requirements. Anything more is a bonus, for everyone, and every opportunity will be made to take advantage of it, as stated above. Since the creation of aesthetic effects, edge effect, and other natural landforms, remain subjective and empirical, the stated intentions and any resulting efforts to achieve such effects, beyond those identified in the approved seed mixture and as portrayed in Exhibit F - Reclamation Plan Map, is commendable, and to be encouraged. Placement of soil and initial stabilization of affected lands with a stabilizing cover of grasses will better assure a foundation for later vertical development and establishment of cover; whether resulting from natural invasion or direct planning of trees, shrubs, and forbs. By themselves, the grasses will provide a stable foundation for later enhancements, while visibly improving wildlife habitat by interrupting area monocultures. While end use development beyond that already described cannot be fully determined or detailed at this time, the trend toward continued residential, commercial and industrial development is self- evident on surrounding lands. Although the establishment of native grasses is a primal requirement under this permit, the incorporation of fortis, shrubs and trees remains at the VARRA COMPANIES, INC. TWO RIVERS SAND GRAVEL AND RESERVOIR PROJECT MARCH 2022 A REGULAR IMPACT [1121 CONSTRUCTION PERMIT APPLICATION - COLORADO DIVISION OF RECLAMATION MIING & SAFETY OFFICE OF MINED LAND RECLAMATION Page 18 6.4.5 EXHIBIT E - Reclamation Plan discretion of the landowner. Markets and the inherent values of the landowner to enhance the multiple end use worth of the property will serve to encourage the vertical development and diversity of the area vegetation with the contribution of forbs, shrubs, and trees. The purpose is to add cover, food source for wildlife and pollinators, and stratified creatures that will come to inhabit and depend upon the natural configuration, character and extent of the finished landform and diverse stabilizing cover. It should also be kept in mind that extraction is occurring within an area formerly occupied by monocultural crops, The cottonwoods along the lower terrace of the two rivers will be preserved in the majority. A light culling of a few cottonwoods may occur to assure the integrity of the intended conveyor line and wash basin; or as needed to assure the protection of personnel. The riverine areas will otherwise remain untouched, further complementing the utility of the reclaimed and restored expanse. Whatever long-term development occurs at the location, and on surrounding lands, resource recovery and correlated reclamation at this location will tend to direct human densities away from the two rivers. The reduced densities will produce direct and indirect long-term wildlife benefits and diverse multiple end -use potentials involving inherent wetland development, water resources development, water fowl improvement, and other desirable effects. The long-term worth of this effect will serve to increase the other long-term values for everyone in the area communities formed by the towns of Evans and Milliken; and greater Weld County. The final acreage of land remaining for development relative to surface acres of resulting ponds is illustrated on the following Exhibit F - Reclamation Plan Map. The map details the post resource recovery land form establishment. The size of the resulting basins is a function of area geology and available resource relative to man-made obstructions that serve to prohibit a greater linkage. The estimated timetable for extraction, commencing approximately spring to winter 2022; is estimated to take 25-30± years combined, or longer, followed by an additional five years to complete reclamation; or a total estimated life of the mine of 30-35± years; ending approximately winter 2052 to 2057. This is a life of the mine operation and all timetables are estimates and may prove shorter or longer than stated. The final determination will occur five years after the deposit is exhausted and all marketable product has been removed and necessary infill completed at the location to the point of final reclamation as approved or modified under the terms of the permit is completed. Continued...next page... VARRA COMPANIES, INC. TWO RIVERS SAND GRAVEL AND RESERVOIR PROJECT MARCH 2022 A REGULAR IMPACT [112] CONSTRUCTION PERMIT APPLICATION - COLORADO DIVISION OF RECLAMATION MIING & SAFETY , OFFICE OF MINED LAND RECLAMATION Page 19 6.4.5 EXHIBIT E - Reclamation Plan Miscellaneous considerations: Fertilizer may be utilized as part of revegetation efforts. The need for fertilization and any subsequent fertilizer rates will be determined based upon soil tests taken at the time of reapplication of salvaged soil to affected lands remaining above water level. Status of fertilization and soil test results can be included in OMLR Annual Reports, as warranted. Refer to Exhibit I - Soils Information. Weed Control may involve a mix of mechanical or benign vinegar -based sprays as control methods. Treatment and control of noxious or nuisance weeds will be reported in OMLR Annual Reports as warranted. A Backfill Notice follows this page. The flexible use of inert fill will facilitate the timely reclamation of affected lands. VARRA COMPANIES, INC. TWO RIVERS SAND GRAVEL AND RESERVOIR PROJECT MARCH 2022 A REGULAR IMPACT [112) CONSTRUCTION PERMIT APPLICATION - COLORADO DIVISION OF RECLAMATION MIING & SAFETY OFFICE OF MINED LAND RECLAMATION Page 110 6.4.5 EXHIBIT E - Reclamation Plan BACKFILL NOTICE: Inert fill may be imported, or utilized from existing on -site sources, to meet or exceed planned post extraction land use development potentials over the project area during the life of the operation. The extent and location of fill will be field determined. All inert materials used for backfilling will be consistent with °MLR Rules and Regulations, and those of the Colorado Department of Health and Environment. All backfill material will be placed with sufficient fines to minimize voids and settling of backfilled areas and slopes. There are no known or expected acid forming or toxic producing materials or refuse at this location, nor will materials known to possess such qualities be knowingly utilized for fill. Any other refuse or reject materials that do not meet the definition of inert and requiring removal and disposal will be placed in closed containers and taken to an appropriate landfill for disposal, unless it is otherwise 'inert,' per Rule 3.1.5(9), of the OMLR Rules and Regulations. All materials, whether extracted on -site or imported, will be handled in such a manner so as to prevent any unauthorized release of pollutants to surface or ground water resources. All fill will be integrated to meet or exceed the reclamation plan and correlated end uses authorized under the approved Colorado Office of Mined Land Reclamation permit. All fill above the anticipated static water level of the resulting basins will be soiled and stabilized according to the approved reclamation plan, or as otherwise allowed according to allowed under this application or locally approved land uses. The location and extent of fill utilized over extracted lands will be designated in required OMLR Annual Reports, permit revision, or as part of any request for release of the permitted area, in part or whole. I, Garrett C. Varra, hereby attest that the material to be utilized as inert fill in the area described as the Two Rivers Sand, Gravel and Reservoir Project; is clean and inert as defined in Rule 1.1(20), of the OMLR Rules and Regulations. Garrett C. Varra, President Varra Companies, Inc. VARRA COMPANIES, INC. TWO RIVERS SAND GRAVEL AND RESERVOIR PROJECT MARCH 2022 A REGULAR IMPACT [1121 CONSTRUCTION PERMIT APPLICATION -COLORADO DIVISION OF RECLAMATION MIING & SAFETY OFFICE OF MINED LAND RECLAMATION Page 1 6.4.18 EXHIBIT R - Proof of Filing with County Clerk and Recorder An affidavit or receipt indicating the date on which the application was placed with the local County Clerk and Recorder for public review, pursuant to Subparagraph 1.6.2(1)(c). Proof of filing with the County Clerk, pursuant to Subparagraph 1.6.2(1)(c): Weld County Clerk to the Board 1150 O Street Greeley, Colorado 80632 Subject: Colorado Division of Reclamation Mining and Safety (DRMS), Office of Mined Land Reclamation (OMLR) Permit application for Varra Companies, Inc. — Two Rivers Sand, Gravel and Reservoir Project. Your signature below acknowledges receipt of the following information: On review of the Application for Completeness, the Division found information previously provided under this Exhibit that had minor errors. Attached, find corrected pages, by page number, to the original 122 Application Form; as previously provided to you on I April 2022: Page 2 of the application with the distance and direction to the nearest municipality and the site elevation completed on Item 9 of Page 2 of that document. Page 3 of the application that now includes the Inspection Contact information for this permit. Page 6 of the application without initialization of the final item (#10). Also provided is a correction to the legal description from Exhibit A that properly describes the location of all lands in the permit to be within R66W. The previous version of Exhibit A had a typo on a portion of the description showing R65 W. This error was discovered by the Applicant and is remedied by the attached document. This correspondence and identified attachments should be placed for public inspection and review by your Office, with all related materials of the Application to the Division as Originally received by your Office on 1 April 2022. The information will be made available to the public until final agency action by the OMLR Board, as defined by C.R.S. 24-4-105(14). Date Received: Received By: RECEIVED APR 15 2022 WELD COUNTY CORWISSIONERS Office of Weld County Clerk to the Board VARRA COMPANIES, INC. TWO RIVERS SAND GRAVEL AND RESERVOIR PROJECT MARCH 2022 A REGUIAR IMPACT [112] CONSTRUCTION PERMIT APPLICATION - COLORADO DIVISION OF RECLAMATION MIING & SAFETY OFFICE OF MINED LAND RECLAMATION SG April 13, 2022 COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources Bradford Janes Varra Companies, Inc. 8120 Gage Street Frederick, CO 80516 Re Two Rivers Sand, Gravel and Reservoir Project, File No. M-2022-013 Receipt of 112c Construction Materials Reclamation Permit Application Package Dear Mr. Janes: On April 4, 2022, the Division of Reclamation, Mining and Safety received your 112c Construction Materials Reclamation Permit Application package for the Two Rivers Sand, Gravel and Reservoir Project, File No. M-2022-013. Preliminary review of the information received determined that the following additional information must be received before the Division can consider your application as being submitted and technical review can begin. Please re -submit page 2 of the application and provide the distance and direction to the nearest municipality and the site elevation. Please re -submit page 3 of the application and provide the Inspection Contact information for this permit. Please re -submit page 6 of the application without initialization of the final item (#10) or submit documentation of a power of attorney related to a joint venture or partnership. Your application will not be considered submitted until all the information listed above is received and found sufficient to begin our review. You have sixty (60) days from the above date to submit all necessary documents that the Office needs for an application to be considered filed. If, at the end of the sixty day period, the application has not been determined to be filed with the Office, the Office may deny the application and terminate the application file. This letter shall not be construed to mean that there are no other technical deficiencies in your application. The Division will review your application to determine whether it is adequate to meet the requirements of the Act after submittal of all required items. 1313 Sherman St. Room 215 Denver, CO 80203 P (303) 866-3567 F (303) 832-8106 https://drms.colorado.gov Jared Polls, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director If you have any questions, please contact me by telephone at 720-601-2276, or by email at Rob.zuber@state.co.us. Sincerely, Robert D. Zuber, P.E. Environmental Protection Specialist Cc: Michael Cunningham, DRMS -2- 6. Name of owner of subsurface rights of affected land: Varra Companies, Inc. If 2 or more owners, "refer to Exhibit O". 7. Name of owner of surface of affected land: Varra Companies, Inc. 8. Type of mining operation: 1 Surface El Underground 9. Location Information: The center of the area where the majority of mining will occur: CouNTy: Weld PRINCIPAL MERIDIAN (check one): j=1 6th (Colorado) ra 10th (New Mexico) 1:1 Ute SECTION (write number): S 3 TOWNSHIP (write number and check direction): T4 Cl North Q South RANGE (write number and check direction): R 66D. East j:3 West QUARTER SECTION (check one): ❑ E QUARTER/QUARTER SECTION (check one): NE �SW NW SE SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): Within the City Limits of Evans, Colorado at approximately 4680' elevation. 10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (1) 39° 44' 12.98" (W) 104° 59' 3.87" Latitude (N): deg min sec (2 decimal places) Longitude (W): deg min sec (2 decimal places) OR Example: (N) 39.73691° (W) -1.04.98449° Latitude (N) 40.348174 . -104.776631 (5 decimal places) Longitude(W) OR Universal Tranverse Mercator (UTM) Example: 201336.3 E NAD27 Zone 13 4398351.2 N (5 decimal places) 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: Garrett C. Varra Company Name: Varra Companies, Inc. Street/P.O. Box: 8120 Gage Street City: Frederick State: Colorado Telephone Number: (303 ) _ 666-6657 Fax Number: (303 ) _ 666-6743 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Company Name: Street/P.O. Box: City: State: Telephone Number: Fax Number: INSPECTION CONTACT Contact's Name: Company Name: Street/P.O. Box: City: State: Title: President P.O. Box: Zip Code: 80516 Bradford Janes Title: Liaison, Interdisciplinary Affairs Varra Companies, Inc. 8120 Gage Street Frederick P.O. Box: Colorado Zip Code: 80516 (303 ) _ 666-6657 (303 ) _ 666-6743 Garrett C. Varra Title: President Varra Companies, Inc. 8120 Gage Street Frederick P.O. Box: Colorado Telephone Number: (303 ) _ 666-6657 Fax Number: (303 ) _ 666-6743 Zip Code: 80516 CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: Telephone Number: ( ) - CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: Telephone Number: ( ) - -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. $. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Construction Material Rules and Regulations in effect at the time the permit is issued. 9. Annually, on the anniversary date of permit issuance, you must submit an annual fee as specified by Statute, and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example, a permit with the anniversary date of July 1, 1995, the annual fee is for the period of July 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as the permittee, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. 10. For joint venture/partnership operators: the signing representative is authorized to sign this document and a power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application. Hello