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Home My WebLink About20220127.tiffDEPARTMENT OF PLANNING SERVICES 1555 N ID" Ave, Greeley, CO 80631 Phone (970) 400-6100 Fax (970) 304-6498 USE BY SPECIAL REVIEW (MINING OPERATION) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT # /AMOUNT # /$ CASE # ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: 004322400010 and To be completed by APPLICANT is accordance with procedural guide requirements: 004322300009 1. I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed gravel (gravel, coal, borrow pit, etc.) mining operation for the following described unincorporated area of Weld County: Legal Description 8185 W2 SE4 22 12 63 (6R 2LONG) , Section 22 , Township - North, Range West Flood Plain: NO Zone District AG , Total Acreage: 27,16 + 12.2, Overlay District: NO Geological Hazard: NO , Airport Overlay District: NO 2. Surface owner(s) of area of land described Name: Konig Ag Co. / 37231 Hwy 14, Briggsdale Address: Co. 80611 Phone: 970-590-5061 Name: Address: 3. Owner(s) of mineral rights or substance to be mined H 5. Name: Konig Ag Co. 137231 Hwy 14,Briggsdale Address: Name: Address: Applicants name: Superior Ollleld Services Co., LTD Address: 2986 W 29th Street #12, Greeley, Co. 80631 Identify any prior permits for mining held by This is an amendment to USR20-0025. Currei adding 12.2 acres to make a total of 39.36 acres. Phone: Co. 80611 Phone' 970.590-5061 Phone: Email AddressJmcfariand3l@gmail.00m Phone: 970'352'4444 )licant or affiliated person: we have 27.16 acres under We are I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be in ed with the application. If a corpor is the fee owner, notarized evidence must be included indicating that the g story has to le authoJ4)y to Si or a corporation. cif l/ _ _ _ or Authorized Signature: Owner or Authorized Agent Date DEPARTMENT OF PLANNING AND BUILDING DEPARTMENT OF PUBLIC HEALTH AND ENVIRONNMENT 1555 NORTH 17TH AVENUE GREELEY, CO 80631 AUTHORIZATION FORM FOR BUILDING, PLANNING AND HEALTH DEPARTMENT PERMITS AND SERVICES i, (We), Joel Konig (Owner — please print) give permission to Superior Oilfield Services Co. LLC (Applicant/Agent— please print) to apply for any Planning, Building or Heat Department permits or services on our behalf, for the property located at: WCR 71 & WCR 138 Legal Description: Subdivision Name: 8185 W2I SE4 22 12 8300 of Section TownshipN, RangeW Property Owners Information: 970-590-5061 Phone: E-mail: Applicant/Agent Contact Information: Lot Block 970-352.4444 jmcfarland3l @gmail.com Phone: E -Mail: Email correspondence to be sent to: Owner ❑ ApplicantlAgent Both ❑ Postal service correspondence to be sent to: (choose only one) Owner LI ApplicantlAgent El Additional info: Owner Signature: Owner Signature: Date: 7!2912019 5 OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE OF FACT OF GOOD STANDING I, Jena Griswold, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, Superior Oilfield Services Co., Ltd is a Limited Liability Company formed or registered on 01/11/2011 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 20111010574 . This certificate reflects facts established or disclosed by documents delivered to this office on paper through 08/17/2021 that have been posted, and by documents delivered to this office electronically through 08/18/2021 @ 16:01:49 . I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued. this official certificate at Denver, Colorado on 08/18/2021 @ 16:01:49 in accordance with applicable law. This certificate is assigned Confirmation Number 13378525 Secretary of State of the State of Colorado ***************************************End of Certificate************************************** Notice: A certificate issued electronically from the Colorado Secretary of State's Web site is fully and immediately valid and effective, However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Validate a Certificate page of the Secretary of State is Web site, http://www.sas.state.co.us/bi:/Cert fcateSearchCriteria.do entering the certificate's confirmation number displayed on the certificate, and following the instructions displayed. Confirming the issuance of a certificate is merely optional and is not necessary to the valid and effective issuance of a certi icate. For more information, visit our Web site, http:// www.sos.state.co. us/ click "Businesses; trademarks, trade names" and select "Frequently Asked Questions." Document must be filed electronically. Paper documents are not accepted. Fees & forms are subject to change. For more information or to print copies of filed documents, visit www.sos.state.co.us. Colorado Secretary of State Date and Time: 12/23/2020 08:41 AM ID Number: 20111010574 Document number: 20208096107 Amount Paid: $10.00 ABOVE SPACE FOR OFFICE USE ONLY Periodic Report filed pursuant to §7-90-301, et seq. and §7-90-501 of the Colorado Revised Statutes (C.R.S) IDnumber: 20111010574 Entity name: Superior Oilfield Services Co., Ltd Jurisdiction under the law of which the entity was formed or registered: Colorado 1. Principal office street address: 27808 CR 50 (Street name and number) Kersey CO 80644 (City) (State) (Postal/Zip Code) CO United States (Province —if applicable) (Country — [not US) 2. Principal office mailing address: 2986 W 29th Street (if different from above) (Street name and number or Post Office Box information) #12-13 Greeley CO 80631 (City) (State) (Postal/Zip Code) CO United States (Province — if applicable) (Country — if not US) 3. Registered agent name: (if an individual) Miller Richard B. (Last) (First) (Middle) (Suffix) or (if a business organization) 4. The person identified above as registered agent has consented to being so appointed. 5. Registered agent street address: 6. Registered agent mailing address: (if different from above) 27808 CR 50 Kers (City) (Street name and number) 1707 36th Avenue Ct CO (State) 80644 (Postal/Zip Code) (Street name and number or Post Office Box information) Greeley CO 80634 (City) (State) (Postal/Zip Code) United States (Province — if applicable) (Country — if not US) REPORT Page 1 oft Rev. 12/01/2012 Notice: Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the secretary of state, whether or not such individual is named in the document as one who has caused it to be delivered. 7. Name(s) and address(es) of the individual(s) causing the document to be delivered for filing: Miller Richard (Last) (First) (Middle) (Suffix) 2896 W 29th St #12-13 Greele (SH eet name and number or Post Office Box information) (City) (Province — if applicable) CO 80631 (State) United States (Country — if not US) (Postal/Zip Code) (The document need not state the true name and address of more than one individual. However, if you wish to state the name and address of any additional individuals causing the document to be delivered for filing, mark this box ❑ and include an attachment stating the name and address of such individuals.) Disclaimer: This form, and any related instructions, are not intended to provide legal, business or tax advice, and are offered as a public service without representation or warranty. While this form is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form. Questions should be addressed to the user's attorney. REPORT Page 2 of 2 Rev. 12/01/2012 3990986 Pages: 1 of 1 01/20/2014 12:23 PM R Fee:$11.00 Steve Moreno Cle"k and Recorder Weld Courts: Co VIII 'k i'&i I II1 STATEMENT OF AUTHORUY 1. This Statement of Authority relates to an entity' named Superior Oilfield Services Co. Ltd.. and is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. 2. The type of entity is a: ■ ...I. . . .. :7 ■ I. . ❑ registered IisnTh8 liability partnership ❑ registered 1united liability limited partnership ❑ limited partnership association ❑ government or governmental subdivision or agency ❑ trust (Section 38-30-108.5, C.R.S.) 3. The entity is formed under the laws of: State of Colorado 4. The mailing address for the entity is: 1011 110' Avenue, Greeley, CO 80631 5. The ® name 0 position of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is: any one of Julie M. Hillyard, Member, Fred J. Miller, Member; or Richard B. Miller, Member 6 The authority of the foregoing person(s) to bind the entity is ® not limited ❑ limited as follows: 7. Other matters concerning the manner in which the entity deals with interests in real property. Executed this day of January, 2014. STATE OF COLORADO ) ss. County of Weld ) The foregoing instrtunent was aclmowledged before me this day of January, 2014, by Julie M. Hillyard, Fred J. Miller and Richard B. Miller as Members of Superior Oilfield Services Co. Ltd. Witness my hand and official seal. My commission expires: ThC/O 7/Th a 7 M:t_S23ssoa2tOsooAuthorPy.eoc 'This form should not be used unless the entity is capable of holding title to real property. 'The absence of any limitation shaft be prima facie evidence that no such limitation exists. J0DY M D00S0N 'The statement of authority must be recorded to obtain the benefits of the statute. State Nobly Public xdo . Rev. 841. STATE of AUrHORiTY Notary 1D 20094022943 Na 1112 orwr 5l ^ Ls3. ccommission Expires dog 7, 2017 , 10)1900 Weld County USR Questionaire Superior Oilfield Services Co., LTD North Star Mining Operation 1. Method of mining operation. 7/1/2021 a. There will be no permanent structures constructed for the operation, the equipment used for production will all be portable and moved in and out as required by sales demands. The equipment will be a portable crusher and screening plant, front end loaders, scrapers, dozers and conveyor belts. There will also be scales set up to weigh the products. b. One shift is planned for the operation, maximum number of employees would be ten. c. The operation will be a dry pit. d. Site is located on WCR 138 approx 11/2 miles west of WCR 71. WCR 136 east to WCR 77 is the main haul route. There are no bridges in the immediate area of mining or hauling. WCR 138 is our driveway to the site and is laid out as such with the road agreement with Weld County. e_ The site was first opened at ten acres and has been expanded three times since it opened in 2012 to its current acreage of 39*- acres. The lease is for 475+ acres but the mining is planned for small areas to be mined and added as needed determined by demand. f. The site is being mined in one phase currently, which includes the whole 39 acres. It is expected that the area will be mined to completion by the end of 2025. At this time an expansion of the mining area will be applied for before the current site is mined out. g. The site has six inches to one foot of topsoil that is stockpiled and saved for reclamation. The overburden runs from two feet to four feet and is also stockpiled for reclamation. The sand and gravel for mining is ten feet to twenty feet in thickness depending on the area of the operation. h. The site will be returned to its previous use of dry land farming, graded back to blend in with the original areas so farming can continue in a manner as before. Overbureden and topsoil will be replaced and graded with the use of scrapers and finished off by a blade to receive the desired slopes and grades. The areas will then be put back into service by the landowner for farming. 1 1. The technical advice for this reclamation plan comes from Pianit Consulting Services, who have designed numerous reclamation plans for similar mine sites. 2. The application is consistant with two of the Comprehensive Plan's guiding principals. "(A) it is the goal of the Comprehensive Plan to promote opportunities for County citizens while protecting private property rights"; and "(F) land use policies have a significant impact on economic conditions in the County and should be structured to encouage economic properity and economic growth." The application is consistent with the Comprehensive Plan because mining aggregate resourses is an identified property right in the agriculural zone district and thus, approval of the application would protect Konig's property rights. Additionally, aggregate resourses are vital to the economic prosperity of Weld County because they are critical to infrastructure and construction projects and therefore, the application is consistent with the Comprehensive Plan because it furthers the guiding principle of encouraging economic prosperity and growth. The Comprehensive Plan specifically states that the County recognizes that mineral resource extraction is an essential industry. This application is for that purpose and would return the mined areas back to their previous use of agricultural land used for dry land farming, after the safe and productive extraction of the sand and gravel. The application also meets the other commercial mineral deposit goals, which are dedicated to ensuring proper extraction and limited negative impacts to the environment and surrounding area, through the use of proper extraction techniques, mitigation efforts and proper reclamation. Lastly, the application is consistent with "A. Policy 7.2" of the Comperhensive Plan which provides that conversion of agricultural land to industrial uses should be accommodated when the subject site is in an area tha t can support such development, and should attempt to be compatible with the region. The application is consistent with this Policy as it is located in an area that can support the project and is surrounded bu other similar uses. Therefore, for the foregoing reasons, the application is consistent with the Comprehensive Plan. 3 . The property is located in the Agricultural Zone District. The code states that the Agricultural Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production, and for areas of natural resource extraction and energy development. 2 Open pit mining and aggregate production are both permitted uses by special review in the Agricultural Zone District. Therefore, because the projects activities are all permitted special uses in the Agricultural Zone District and because the Code's specific intent for the Agricultural Zone District includes providing areas for natural resourse extraction, the application is consistent with the intent of the district in which the property is located 4. The area will be returned to agriculture use after mining and will only be mined in smaller areas throughout the operation. 5 . All traffic laws will be observed during the time of the operation along all haul routes and all safety and mining procedures will be followed within the boundaries of the mining location itself required by the operator and the governing agencies. As previously stated there are no towns or neighborhoods. 6. The surrounding uses are farming and oil and gas exploration. The materials are being produced for use for the oil and gas industry and the site will be returned to it's original use as farm land. 7. The existing land use is for dryland farming. 8. a. There will be between 2 and 10 employees at the site normally, depending on level of hauling activity and the level of production. Also there could be up to 30 trucks hauling on the busier days making round trips to the construction site. Vistors, buyers and etc. will be minimal at the site, with possibly 10 trips per week on average. b Monday thru Saturday / Dawn to Dusk. c. There are no animals on this site. d. Passenger Cars / Pickups -Up to Twenty five per day. Tandem Trucks - Up to 25 per day. Semi -Truck / Trailer - Up to 150 per day. e. Pawnee Fire District f. There is no water source on the property, bottled water is used. g. There is no sewer system on the property. Portable units are used. h. No warehousing is proposed. Finished sand and gravel materials will be stockpiled on site. Overburden and topsoil will be stockpiled around the edges of the site, while the finished products will be where produced. There is no waste. j. N/A There will be no landscaping required for the site. Reclamation will be done when mining is complete, with some reclamation being done if possible during mining. k. The site has been in operation since 2012 providing materials for the oil and gas industry for construction of their well sites. It is anticipated to continue operation for as long as the need remains. I. When the site is finished the location will be returned to farming, using the materials saved on site to accomplish the reclamation. m. The site has an approved stormwater management plan, where all water Is retained on site. n. When the site is completed any and all egiupment, parts, or debris will be removed so the reclamation may be completed. o. The site is advantageous as it cuts down on haul times and number of trucks required to service the oil and gas industry in this area by providing a more local source for products. 9. The site is not located in any of the overlay areas. 4 Completeness Review Answers Major Amendment to USR20-0025 ( PRE21-0134) September 9,2021 1 Provide the legal right to enter. Enclosed 2 Provide the certified list of names ( buffer report ). Will be coming in a separte email. 3 Provide the Certificate of Conveyances. Will be coming in a separate email. 4 Total Acreage. We are now mining 27.16 acres under permit, we are adding 12.2 acres for a total of 39.36 acres to be mined. 5 Provide the DRMS permit. Enclosed 6 Provide the authorization form. Enclosed 7 The deed is the same from 2011. Public Health; This request is an amendment to USR20-0025 has been added on the application form. ACCESS AUTHORIZATION The owners of section 23, T12N, R63 W, 6th PM, KBF Inc. hereby grant an access easement to Superior Oilfield Services Co., LTD, PO Box 336356, Greeley, CO 80633, to build and use a roadway to be built within a 100 ft corridor bordered by the south section line of section 23 and running for one mile west from Weld County 71. The road shall be built and maintained by Superior Oilfield Services, Co. at their expense. The access shall be granted for a period of 20 years or until all mining and reclamation is completed at the North Star mine in Section 22. Signed and agreed this 11th day of April, 2012 by: Jo Konig Member BF Inc. 57851 CR 81 Grover, CO 80729 State of Colorado County of Weld a.:.... Michael Miller President Superior Oilfield Services Co., LTD PO Box 336356 Greeley, CO 80633 The foregoing instrument was acknowledged before me this 11th day of April, 2012 by Michael Miller and Joel Konig personally known to notary. Tara Brisby No 14280 CR 72 • P.O. Box 336356 • Greeley, CO 80633 • 970.454.3222 • Fax: 970.454.8723 www,superioroilfield.com • superioroilfield@hotmail.com Diana Aungst From: John McFarland <jmcfarland3l @gmail.com> Sent: Monday, September 27, 2021 8:08 AM To: Diana Aungst Cc: Melissa King Subject: Re: North Star USR - Traffic info This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Diana, There will be no traffic changes due to the expansion. Thanks, Jim. On Fri, Sep 24, 2O21 at 1O:O8 AM Diana Aungst <daungst@weldgov.com>wrote: Jim: Please let me know if the traffic is changing for the expansion to the North Star pit. Thanks, Diana Aungst Planner Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 D: 970-400-3524 O: 970-400-6100 Fax: 9 70-304-6498 daungst(ci weldgo v. nom www. ma/Ann go v. nom 1 NORTH STAR MINE TRAFFIC IMPACT STUDY WELD COUNTY, COLORADO FEBRUARY 2020 Prepared for: Superior Oilfield Services 2986 291h Street #12-13 Greeley, CO 80631 Prepared by: DELICH ASSOCIATES 2272 Glen Haven Drive Loveland, CO 80538 Phone: 970-669-2061 FAX: 970-689-5034 1 Project #2001 TABLE OF CONTENTS I. INTRODUCTION,,,,,........T... •t.•.T..., ..t.. ... T.[....i......TTf..Fi.ii...TT...T.I... T............... T. f T. T. 41... T. f I II. EXISTING CONDITIONS.............................................a............................................ 3 LandUse...............J....-1.1..11. L 1. a...., a1.. 4. L.... 44.... e.....0{000.-•----Aa0411111111111111 a i a..., .....V.... ......l... L.a- 3 Roads,e...a..e....ee..i.4ee.r.f.a.f.f.............a..aa...a..a.a.......,.....f....el.a.......1.............i. Pi#i.J a#.a4J iii. iiaif 3 Existing Traffic ................. Ja,........a..J....,....L....l.....Y-a....4L.. . Y.... L.... •a•. .f.i,. ifa.10000 a__. t, ai.......... .. 3 III. PROPOSED DEVELOPMENT ........................,.,................,T..........a••u..................... 5 TripGeneration.....................0000........--.44i40000, M. a., .f aif,...f.,i:.,..i.T...a.f,..fa.... 0000 ... 1.. ... I ,.,.- 5 Trip Distribution/Haul Route ...................•........---... ......,...._,........,T.... i......... •............. 01.... 5 TripAssignment......................................................................T.............,,.e...................... 5 Backgroun.,.d Traffic..................................a.....,......,............. ..... T ..............................T........ 9 TotalTra�.}}}1.}c; ..........fa a...4ai!-...R,,,...f....................l.aiifi......., .... .....1.......,.a..,. 4... .. .....a., . ........ 9 Rlads..........: :a:f isT}aiu"4•4a� ai:a...................T.....T....................1.................................. 0000 .T... 9 IV. CONCLUSIONSIRECOMMENDATIONS................................................ ........... .. . 1 2 LIST OF TABLES 1 Trip Generation 5 • .... 0000.. e....0 .4 n.... 0000 0000 . ............ .. u1.................f.,.... r....a.u.,. ........ a1 .......... LIST OF FIGURES 1. Site Location ......................................... I. J..... J..... -f .0116-.--. . .. ..a.[.. i li !!l.J !0000. li. L.[.. Y..Y {.�..• 2 2. Existing Daily and Hourly Traffic...................a.1._....__...._..-.-......... ...... ........._L.......-0000 4 Si te Site Plan...................................................... .J......f11r.Y..i. ...Y.. ... l.4laaa.[... Li.. a...a.. .. ... s.e.J. ..H 6 4- Trip Distribution/Haul Route .......... ...... ....... ................J6..._.... --...f....... 1LL.....J i..1 . 0.. af.,.T..E 7 5. 6. 7. Site Generated Daily and Hourly Traffic ........11........11111.. Background (2030) Daily and Hourly Traffic 1lotal (2030) Daily and Hourly Traffic.... .. ... .. t.fa..laa.laea!ll. is l.r ai ilrBYBf.. e.. ar ..• ........1. 10 r..1Y...rilfal.JlPl.I.Y..liaeliff ffif aY..i... 1!-.' .. 11 .1 L... a ..1.a1f Ji...a..r.i.ii .....a.a [1....Yf. a, .....1.... fir 1—DELICH -., j —ASSOCIATES I. INTRODUCTION This traffic impact study (TIS) is for the Superior Oil Services North Star Mine site, located west of Weld County Road 71 (WCR71) and north of Weld County Road 138 (WCR138) in Weld County, Colorado. The location of this site is shown on Figure 1. The North Star Mine is an existing gravel mining operation. The North Star Mine has been in operation since 2012. The permitted site is 27 acres and the lease is for 475 acres. There are two years remaining on the permitted use. It is expected that an application for expansion of the site will be submitted that will extend the operation another five years beyond that, with the mined area expanded accordingly. Therefore, the North Star Mine is expected to be operational until at least 2027. The purpose of the TIS is to provide information documenting the daily and hourly traffic that occurs and/or will occur along the designated haul route for the North Star Mine. This study involved the collection of data, trip generation, trip distribution, trip assignment, and road link volumes in the area for the existing conditions and the mine operating conditions. During the course of this analysis, numerous contacts were made with the owner representative (Jim McFarland) and the Weld County Public Works staff (Zackery Roberson). DELICH =°ASSOCIATES Page 1 N WCR140 Q WCR138. J_ WCR136.5 North Star Mine C) SITE LOCATION --/ LDELICH rASSOCIATES l _ COLORADO STATE LIN N- 0 WCR1 36 WCR132 WCRI30 SCALE: 1"4000' to U Figure 1 Page 2 II. EXISTING CONDITIONS Land Use The North Star Mine site is currently an active mining operation. The land surrounding the site consists of agricultural, other mining operations, and an oillgas collection facility. Weld County currently operates a gravel mine west of WCR71, along WCR136.5. Roads The designated haul route for the North Star Mine is on: WCR138, WCR71, WCR1 36, and WCR77. Access to the site is via WCRI 38. Weld County Road 138, west of WCR71, is a gravel east -west road that primarily serves the North Star Mine site. It is classified as a Gravel Local Road. From available aerial photography, it appears to be a minimally maintained road. Vehicles on WCR138 approaching WCR71 from the west stop at the WCR71/WCR138 intersection. Weld County Road 71 is a gravel north -south two-lane road. It is classified as a Gravel Local Road. From available aerial photography, it appears to have a higher level of maintenance. Weld County Road 71 continues to the south, as a gravel road, with a break in north -south continuity, a number of miles to the south. Weld County Road 136 is a gravel east -west two-lane road. It is classified as a Gravel Local Road. From available aerial photography, it appears to have a higher level of maintenance. At the WCR71/WCR136 (T -intersection), WCR136 goes east as a grave! road for three miles to k/VCR77. East of WCR77, WCR136 is a paved road to Hereford. It is posted at 55 mph on the paved segment. The paved segment of WCR136 is classified as an Arterial Road. Weld County Road 77 is a paved north -south two-lane road, south of WCR13G. It is classified as an Arterial Road. It is posted at 55 mph. Weld County Road 77 continues to the south, intersecting with State Highway 14 at Briggsdale. Existing Traffic Recent daily directional traffic volumes on the key road segments in the area are shown on Figure 2. These traffic counts were obtained on January 14 and 15, 2020. Also shown on Figure 2 are the highest directional hourly counts on each day. The raw count sheets are provided in the Appendix. Since there was minimal traffic on WCR138 (no trucks), it is apparent that there was no mining activity at the North Star Mine on either day. __/ L—DELICH ASSOCIATES Page 3 F EXISTING DAILY AND HOURLY TRAFFIC //I-DELICH 7! CASSOCIATES Figure 2 Page 4 III. SITE DESCRIPTION The North Star Mine is an existing gravel mining operation. The material produced at the site is used for pads and access roads at oil/gas drilling sites, primarily in eastern and southern Weld County. Figure 3 shows the site plan, at 27 acres, of the North Star Mine. The amount of activity at the mine is based upon demand for the material. It is estimated that it will operate approximately 200 days per year. On any given day, there will be 2-5 employees at the site to process/load materials and weigh the trucks, Haul trucks will enter the site empty and leave the site full. The typical haul truck is a tractor -trailer with a capacity of approximately 25 tons. Trip Generation Trip generation is important in considering the impact on the existing road system. This land use is not contained in the customary trip generation reference (Trip Generation. 101h Edition, ITE). Therefore, information provided by the operator was used to develop the daily and hourly trip generation. On active mining days, it is estimated that there would be 20-60 loads exiting the site. The 85th percentile of the high end of the range was used (50 loads [60 times 0.853). This resulted in 100 truck trip ends on an active mining day. Assuming a uniform hourly rate resulted in 12 truck trip ends per hour (6 in/6 out) between 7:00 am and 4:00 pm. The on -site employees resulted in 12 trip ends per day. A trip is defined as a one-way vehicle movement from origin to destination. Table I shows the expected trip generation from the site on a daily and hourly basis. TABLE I Trip Generation AWDTE AM Hourly (trucks) PM Hourly (trucks) Code Use Size Rate Trips Rate In Rate Out Rata in Rate Out N/A North Star Mine NM 1112 NIA 6 NIA 6 NIA 6 N/A 6 Trip Distribution/Haul Route Trip distribution for the North Star Mine was determined along the agreed upon designated haul route as shown on Figure 4. Once the trucks are on WCR77, to/from the south, the origin or destination is determined by the market for the material. Trip Assignment The trip assignment is how the generated and distributed trips are expected to be loaded on the road network. The site generated daily and hourly directional volumes for the North Star Mine are shown on Figure 5. The highest hour volumes, on Figure 5, are all trucks. ! DELICH 71 rASSOCIATES Page 5 N SITE PLAN LDELICH 7 f -ASSOCIATES Figure 3 Page 6 i1 TRIP DISTRIBUTION/HAUL ROUTE / L-DELICH ', rA8SOCIATES Figure 4 Page 7 3 SITE GENERATED DAILY AND HOURLY TRAFFIC DELICH f -ASSOCIATES Figure 5 Background Traffic Since the application near future, a conservative following traffic forecasts. developed by factoring the c traffic counts on the highest background daily and hourly Total Traffic for extending the life of the mine will be submitted in the future analysis year of 2030 was used in developing the Background traffic forecasts for the future horizon were :urrent traffic by 2 percent per year to the year 2030. The day were used to develop the 2030 forecasts. The 2030 directional volumes are shown on Figure 6. The site generated traffic was combined with the background traffic to determine the total forecasted traffic for the designated haul route roads. The 2030 total daily and hourly directional volumes are shown on Figure 7. Roads The existing gravel roads, on the designated haul route, are expected to continue to have a gravel surface for the foreseeable future. Whether these roads are paved should be determined by Weld County. It is expected that they will be treated for dust mitigation as necessary. Weld County Road 77, south of WCR136, will continue to have a two-lane cross section. The three key intersections should have stop sign control on the appropriate legs of each intersection. Auxiliary lanes are not required at the WCR71NICR138 intersection and the WCR71ANCR136 intersection. Given the forecasted hourly traffic volumes (<10 in one hour), auxiliary lanes will not be required at the WCRI36NVCR77 intersection. Given the opposing traffic on WCR77 (southbound), there will be numerous gaps such that the northbound traffic (empty trucks) will have little/no delay at this intersection. Operation at this intersection should be periodically evaluated if/when the background traffic conditions change in the area. The impact of the North Star Mine site generated traffic is considered to be small. In a given hour (operating hour), there will be one truck on any of the road segments along the designated haul route every 10 minutes in each direction. P DELICH cv ASSOCIATES Page 9 BACKGROUND (2030) DAILY AND HOURLY TRAFFIC -�` DELICH ASSOCIATES Figure 6 Page 10 TOTAL (2030) DAILY AND HOURLY TRAFFIC �/IL-DELICH 7i rASSOCIATES Figure 7 Page 11 IV. CONCLUSIONS/RECOMMENDATIONS This traffic impact study assessed the traffic impacts associated with the continued operation of the North Star Mine in Weld County, Colorado. As a result of these analyses, the following is concluded: Continued operation of the North Star Mine site is feasible from a traffic engineering standpoint. As analyzed, the North Star Mine generates approximately 112 daily trip ends and 12 hourly trip ends during each hour on operating days. The gravel roads, on the designated haul route, can continue to have a gravel surface with the appropriate dust mitigation. Auxiliary lanes are not required at the key intersections. Traffic volumes and operation should be periodically evaluated if/when background traffic conditions change in the area. The impact of the North Star Mine site generated traffic is considered to be small. f —/IA.-. DELICH 7, CASSOCIATES Page 12 APPENDIX Vehicle Volume Re rt - Hourly She Dmrlpta ltrolt 738 w/o Dart 11 Set Number: Mll Start I e: jib/mw End Date: 1115/ZDZ0 `. W IM tl i•: a[ nl -1�' + Ur i .. ---- 1 :a lAf fC � fl } Imo{ t•%IA T2 N1 .• I � .. t•7wYi z � •�I ul'll I(. 1. � 4.. n.. 77 a u.. 1 1 a 1' K I- I. 4,.�._ _ 15'11 ulY 1. 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No collateral Is required with this agreemwtt. Weld County Public Works, Planning Services and the County Attorney's Office have reviewed the above mentioned signed original document and observed the following: Al Public Works related Items, of the "Road Maintenance AgraementAccorrfing To PoSf, are found to be acceptable. This Agreement oamplles with the terms of the Use by Special Review Permit ReaouHan, as signed by the Board of County Commissioners. What options wrist for the Board? (include coneequeness, Impacts, costs, etc. of options): 1. Have this BOCC Hearing ttsm be placed an the next avallable agenda as partof the Consent Agenda, 2, Have this 6OCC Hearing item be placed on then next available agenda as part of the Regular Agenda. Reaommendatton: Option 1. The Departments of Public Works, Planning Services and the County Attorney's Office are recommending approval of the Road Maintenance Agreement According To Polky for USR20-0025, and that this Item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda. Perry L Buck Mike Freeman Scott K James, Pro-Tem Steve Moreno, Chair Lori Seine -/o -c2-/ Schedule work Session OtheriComnents &62QW(Dn/: TTt�I!'rl./ra) pL.Sre!Dh) rat(P&) 2021-0735 ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL, FOR IMPROVEMENTS Joel and Marcy Konig clo Superior Oilfield Services CO., LTD — USR20-0025 THIS AGREEMENT is made this fl day of Jj4J 202j, by and between Joel and Marcy Konig, 37231 State Highway 14, Briggsdale, Colorado 80611, do Superior Oilfield Services CO., LTD, 2986 West 29th Street, Unit 12, (ireeley, Colorado 80631, hereinafter referred to as "Property Owner," authorized to do business in the State of Colorado, and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Property Owner is the owner of the following described property in the County of Weld, Colorado: The WI/2 and SEI/4 /4 of Section 22, Township 12 North, Range 63 West of the 6th P.M., Weld County, Colorado hereinafter referred to as "the Property," and WHEREAS, Property Owner has received Board of County Commissioner approval of USR20-0025, and WHEREAS, Property Owner acknowledges that the final approval of USR20-0025 is conditional upon Property Owner's funding of road maintenance described in this Agreement. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant and agree as follows: ThaT O $MLSPP,CO'1C PROVISIONS A. I (dentes:T1w Property Owner shall be financially responsible for its proportional share of the County's costs associated with maintaining and/or improving designated haul/travel routes. 1A Haul Router_The following roads are desigwrsof as hauCfiravel routes for the Property: 1) North and south along CR 71 between site approved access and CR 136. RO r 61� 2) East and west along CR [36 between 00 71 and CR 77. 3) North and south along CR 77. Pf 2.0 1-1a:1 trucks shall enter and exit the site at the approved accesses) on CR 71and travel to the r L nearest paved road for further dispersal. Any County roads used by traffic associated with USR20-0025 q S may become part of the established haul/travel routes. 3.0 Wei hr Lim irs.No travel vehicles may exceed CDOT required specifications for pounds per axle I and axle configurations unless overweight permits have been applied for and granted. yet 1a 4.0 'l enlpnrary tAvotiuns.in unusual or rare occasions, if projects mandate deviation from the er' above -mentioned haul route for a limited period (six months or less), Weld County Public Works may 'a` Joel cad Marry Koaip do Superior Oltfietd Servicos CO., LTD—USP20-002s—RMA2D-0004 Pegelrt7 .y _ „I-0735 authorize, in writing, the deviation. In that circumstance, haul vehicles will utilize paved county roads whenever possible. A deviation from the established haul route lasting more than six (6) months or requests for one (1) or more deviations within a 12 -month period shall authorize the County to change the hauhoutes designated herein, and provide notice to the Property Owner. 5.0 Flail Route Siwtaee. Property Owner shall install travel route signs, if applicable, as per Manual of Uniform Traffic Control Devices standards, at all exit points of the Property which can be clearly seen by drivers leaving the facility and which clearly depict County approved travel routes. 5.1 Safety Traffic Control Measures. Property Owner shall install safety traffic control measures, stop signs, as approved by the Department of Public Works, prior to operation of mining. Locations where stop signs shall be installed include the east approaching leg of CR 138 at the intersection of CR 7l and the west approaching leg of CR 136 at the intersection of CR 71. 6.0 No Deviation from Permitted Haul Routes.tixcept as authorized by the Board pursuant to this Agreement, no use of any roads other than those specifically authorized for use in this Ag_recnicni is permitted without the prior written amendment of this Agreement. Be Malatenanee Ream nlenfs: 1.0 Off -site recurring maintenance, if applicable, as required by the Board: 2.0 Dust Control. Property Owner shall be financially responsible for its proportional share of dust control on unpaved designated haul/travel routes after commencement of operation. The amount and extent of dust control will be determined by site -specific conditions at the time, as determined exclusively by County personnel. Dust abatement along the relevant haul/travel routes is expected to occur approximately two to five times per year. Dust abatement is required for roads with more than 200 vehicles per day, per Section 8-6-100 of the Weld County Code. 2.1 Dust Control During Camstnaction.lf necessary, as determined by the County, the Property Owner shall cause to be performed within 30 days of notification, at its sole expense, dust control by a contractor approved by Weld County Public Works during the construction period of the development. 3.0 Eair.Property Owner shall be financially responsible for its proportional share of excavation, i__ patching, and pavement repair on designated baul/travel routes. The amount and extent of repair and paving measures will be determined by site -specific conditions at the time, as determined exclusively by u, County personnel. 4.0 Need for. Immediate Repairs. In the event of damage to a designated haul/travel route by project traffic that causes an immediate threat to public health and safety or renders the mad impassible ("Significant Damage"), County shall, after inspection, notify Property Owner of such Significant �z Damage. Property Owner shall identify the repair required and shall consult with County on the extent, -"L type, timing, materials and quality of repair (i.e. temporary versus permanent) within twenty-four (24) O N' hours after receipt of such notice and shall commence such repair within forty-eight (48) hours after N or § receipt of such notice. If Property Owner identifies Significant Damage prior to receiving notice thereof from County, Property Owner may commence repair of such Significant Damage and shall concurrently �$ notify County of the extent, type, timing, materials and quality of repair (i.e. temporary versus permanent). • r a ®r ZYL� __ Joel and Marcy Konig ato Superior Oilfield Services CO., LTD - USR24-0025 - RMA20-0004 404 L gm43� Page2of7 5.0 Repair of Road.On or before December 31 of the calendar year in which County staff has determined through site analysis and/or pavement testing that a particular haulkravel route road portion will require paving measures in order to protect the public health, safety, and welfare, and the County has budgeted sufficient funds for the following calendar year to pay its share of the Off -Site ImprovementfRepair Costs, County shall notify Property Owner in writing that the Off -Site Improvements/Repairs shall be undertaken. 5.1 In County's sole discretion, County may undertake the repairs and/or improvements. Property Owner's payment for its Proportionate Share of the mad mpairs/improvements will be calculated as determined in this Agreement. Property Owner will be invoiced accordingly for those proportional share costs. 6.0 Calculation of Pr pertyOwner's Propgrtional Share of Costs The County shall notify Property Owner of County's preliminary determination and assessment of Property Owner's proportional share of costs of maintenance, repair, or improvements to Property Owner's designated haul/bavel routes. Prior to County's final determination and assessment, County shall provide Property Owner with a reasonable opportunity to review, comment upon and supplement County's data, collection methodology, and determinations. The County shall review and consider Property Owner's input prior to making a final determination and assessment. The County shall have sole responsibility for determination of Property Owner's proportional share of costs. Property Owner agrees to pay such proportional share of costs within 30 days of receiving an invoice from County. 7.0 Annual Road Inspection. County may conduct a mad inspection annually with the cooperation of Property Owner and all other Property Owners and/or Lessees who are required by County to participate in road improvement/maintenance agreements for the haul routes designated in this Agreement. As a result of the annual inspection, County, in its sole discretion, shall determine actual conditions and shall further determine what road repair/ mprovement/maintenance work is to be pertormed during that construction season. Notification to the Property Owner of the required roadway repairs will be given as soon as the data become available. 8.0 Novi rcation. The County shall notify Property Owner of County's preliminary determination and assessment of Property Owner's proportionate share of costs of maintenance, rejiak. or improvements to Property Owner's designated haul/travel routes. Prior to County's final determination and assessment, County shall provide Property Owner with a reasonable opportunity to review, comment upon and supplement County's data, collection methodology, and determinations. The County shall review and consider Property Owner's input prior to making a final determination and assessment. MG PART' Ii: GENERAL PROVISIONS Ep A. Permits:Property Owner is required to apply for and receive all permits required by the County or any other applicable local, State, or federal pence including but not limited to: 1.0 Ate_ Permits.Property Owner shall not use any access onto any County road unless and until an ~' ;_ access permit has been issued by the Department of Public Works. Public Works may condition the 0 4 4 issuance of an updated access permit on the amendment of this Agreement if the updated access permit — authorizes the use of an additional access point, or if there is a change in use of the current access point, o r S as permitted by Article XIV of Chapter 8 of the Weld County Code. 2.0 Right -of -Way (ROW i Perrnits.Per Article X111 of Chapter 8 of the Weld County Code, any work t occurring within County ROW requires a ROW permit issued by the Department of Public Works. No work shall occur without said ROW permit. ` JocJ and Marcy Konig do Superior Oilfeld Serrives CO., LTD'- USR2OAp2S — RMA20.0D04 Page 3of7 3.0 TTransoort. Permits. Per Article XV of Chapter 8 of the Weld County Code, a Weld County Transport Permit is required for Extra -legal vehicles using Weld County roadways to ensure the operation and movement of Extra -legal Vehicles and Loads occurs in a safe and efficient manner. B. Enforcement and Remedies: 1.0 Violation of Ternis of Aement. If in County's opinion, Property Owner has violated any of the terms of this Agreement, County shalt notify Property Owner of its belief that the Agreement has been violated and shall state with specificity the facts and circumstances which County believes constitute the violation. Property Owner shall have fifteen (15) days within which to either cure the violation or demonstrate compliance_ If, after fifteen (15) days have elapsed. County believes in good faith that the violation is continuing, County may consider Property Owner to be in breach of this Agreement. 2.0 Remedies for RnMch by Properly Owner. In the event that County determines that Property Owner has violated the terms of this Agreement, and has failed to correct said violation, County may exercise any or all of the following remedies, or any other remedy available in law or equity. 2.1 Withholding Permits. County may "lock" any or all lots within the Property, which precludes the continued issuance of building permits, zoning permits, septic permits, or any other permit issued by any department of the County. 2.2 Court Action. County may seek relief in law or equity by filing an action in the Weld District Court or Federal District Court for the District of Colorado, except that no such civil action or order shall be necessary to access collateral for the propose of completing improvements as described above. 2.3 Revuation of USR. Perrnit, Property Owner acknowledges that failure to comply with the terms of this Agreement constitutes cause to revoke the USR, and County may exercise this option in its sole discretion by proceeding with revocation under the then current provisions of the Weld County Code. 3.0 Termination of Agreement. This Agreement shall terminate upon the earliest of the following events: 3.1 Failure to f:nwnencm, County may terminate this Agreement upon or after revocation of the underlying land use approval under Weld County Code Section 23-2-290. However, County may still exercise all necessary activities under this Agreement that the County determines necessary to protect the health, safety, and welfare of the residents of Weld County. 3.2 tomes. tiara of all Permit Related Activities. 'termination of this Agreement shall occur upon Property Owner's complete cessation of all activities permitted by the USR including any clean up or restoration required. A partial cessation of activities shall not constitute a Termination o of this Agreement, nor shall County's issuance of a partial relrw a vacation constitute a la Terrarinatioa. Caters informed in writing by the Property Owner of cessation of activities, and wftr verified by the County, cessation shall only be presumed if the County determines that the USR Th has been inactive for three (3) years. Property Owner shall not be entitled to a release of Project = or Warranty Collateral unless and until the improvements required by this AhrOcmeut are ep completed. a�Y 3.3 Execution of deplacenneut Lurowerot. This Agreement shall terminate following ad County's execution of a new Improvements Agreement with a new properly owner or operator w hp Np ~ Joel and Marry Konlg rlo hsfroor Oilfield Services CO., LTD — USR2at OOt — RMA2o-0004 w11y Page 4 of7 who has purchased the Property or has assumed the operation oldie business permitted by the USR, and intends to make use of the rights and privileges available to it through the then existing USR. 3.4 Revocation of USR. This Agreement shall terminate following County's revocation of Property Owner's USR, except that the Property Owner shall only be released from this Agreement after the successful completion of all improvements required under this Agreement, which may be completed by County after accessing Property Owner's collateral if Property Owner fails to complete such iniprovetnents. C. General Provisions: 1.0 Successors and Assigns. 1.1 Property Owner may not delegate, transfer, or assign this Agreement in whole or in part, without the prior express written consent of County and the written agreement of the party to whom the obligations under this Agreement are assigned. Consent to a delegation or an assignment will not be unreasonably withheld by County. In such case, Property Owner's release of its obligations shall be accomplished by County's execution of a new Improvements Agreement with the successor owner of the property. 1.2 County's rights and obligations under this Agreement shall automatically be delegated, transferred, or assigned to any municipality which, by and through annexation prorsedings, has assumed jurisdiction and maintenance responsibility over all roads affected by this Agreement. P.0 5evembility. If any term as condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 3A Governmental Immunity. No term or condition of this contract shall be construed as interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protecticsns or other provisions, of the Colorado Govemmental Immunity Act §§2¢10-101 et seq., as applicable now or herrctAr amended: 4.0 In Third-Far(v Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be S Th strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention r-�YL of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 5.0 Entire AgreelnentfModifcations: This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter D a by eoutained in this Agreement. This instrument supersedes all prir negotiations, representations, and arZ 9—a- uaderstandings or agreements with respect to the subject matter contained in this Agreement. This bap Agreement may be changed as supplemented only by a written instrument signed by both patties 6.0 Board to Counts Commissron rs of Weld County Agwwwh. This Apsswrwat sdnli not ha valid pP until it has been approved by the Board of County Commissioners of Weld County, Colorado orits designee. wh Joel and stray Konig e/o Superior Oilhald Services CO., L7D — USR20-t1025 - hMAP0.0004 Or Page 3 of 7 7.0 Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, the parties agree that the Weld County District Court or Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said dispute. 5.0 Attorneys' Fces'Legal Costs, In the event of a dispute between County and Property Owner, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 9.0 Release of Liability Property Owner shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions, or claims of every nature and description caused by, arising from, or on account of the design and construction of improvements, and pay any and all judgments rendered against the County on accouutt of any such suit, action or claim, and notwithstanding Section 7.0 above, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 10.0 Binding Arbitration Prohibited, Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 11.0 Authorityto Sign. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. If requested by the County, Property Owner shall provide the County with proof of Property Owner's authority to enter into this Agreement within five (5) days of receiving such request. • 12.0 AckiiuwiJgmeii1..Coimty and Property Owner acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agmcnt, with u ja the attached or incorporated Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications 3 between the parties relating to the subject matter of this Agreement. 0 % 13.0 Notwithstanding any other provision contained in this Agreement, for any conflict or potential Net conflict between any term in this Agreement and the Resolution of the Board of County Commissioners y approving the underlying land use permit, the provisions of the Board's Resolution shall control, In the ° u o event of a discrepancy between this agreement and the Weld County Code in effect at the time of the agreement, the terms of the Weld County Code shall control, r p • s_- 4 U 61 N ii `u in w a_ Joel and Marcy Konig do Superior Oilfield Services CO, LTD — USR20.0025 - RMA2tW004 Pege 6 of 7 tot, PROPERTY OWNER: Joel and Marcy Konig c/o Superior Oilfield Services CO., LTD STATE OF COLORADO ss. County of Weld The foregoing instrument was acknowledged before me this f day ofw, 202.E by Ii 11 J.1 1 ..11 4; I I I l.. i J I _ •A a ■• • i � Iryl kin Irv.en• 1• Moreno, Chair MAR 1 0 2021 Joel and Marcy Konig do Superior Oilfield Services CO., LTD — USR20-0025 — RMA20-0004 Page 7 of 7 o2cV -073 New Cofttact Request Entity lnfortnttlon Entity Flame' Entity ID* SUPERIOR OILFIELD SERVICES CO LTD @00043498 Contract Name * ROAD MAINTENACE AGREEMENT USR20-0025 JOEL AND MARCY KONIG C/O SUPERIOR OILFIELD SERVICES CO LTD Contract Status CU REVIEW ❑ New Entity? Contract ID 4539 Contract Lead JTRUJILLOMARTIN EZ Contract Lead Email jtrujillomartinezWweldgov.c om Parent Contract ID Requires Board Approval YES J_.0 tin.-i r .iLl Contract Description * ROAD MAINTENACE AGREEMENT USR20-0025JOEL AND MARCY KONIG C(O SUPERIOR OILFIELD SERVICES CO LTD NO COLLATERAL REQUIRED Contract Desvtptton 2 Contract Type * Department AGREEMENT PUBLIC WORKS Amount* Department Email $0.00 CM- PublicW orksmel dgov. cam Kenewabte' NO Department Head Email CM-PublicWorks- Automatic Renewal DeptHead weldgov.com Grant County Attorney BOB CHOATE IGA County Attorney Entail BCHOATE@CO. WELD.CO. US If this is a renewal enter previous Contract ID if this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Due Date Date' 03/06(2021 03/10/2021 Will a work session with BOCC be regtdred2* NO Does Contract require Purchasing Dept. to be included? NO Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnEase Contract Dates J i Si i i' t.. _ Review Date : 03"10;2022 h Termination Notice Period Committed Delivery Date Expiration Date' 03/1012023 Contact information Purchasing Piaclrasing Approver CONSENT Approval Process DeparnnentHead JAY MCDONALD DH Approved Date 03/04/202] Final Approval BOCC Agenda Date 03/10/2021 Originator JTRIJJILLOMARTINEZ Contact Type Contact Email Contact Phone! Contars Phone 2 Purchasing Approved Date 03/04/2021 Finance Approver CONSENT Finance Approved Date 0304}2021 Tyler Ref # AG 031021 Legal Counsel CONSENT Legal Counsel Approved Date 03/04/2021 Drainage Narrative Gravel Mining USR 21 - North Star Pit as operated by Superior Oilfield Services Co., LTD Located Within Part of the Southwest Quarter and Part of Southeast Quarter of Section 22, Township 12 North, Range 63 West of the 6th Principal Meridian, County of Weld, State of Colorado Richard Miller 1707 36th Ave Ct. Greeley, CO 80634 April 10, 2020 "I hereby attest that this drainage narrative for Richard Miller was prepared by me, or under my direct supervision, in accordance with the provisions of the Weld County Storm Drainage Design Criteria for the responsible parties thereof. I understand that Weld County does not and shall not assume liability for drainage facilities designed by others." Mark A. Taylor Registered Professional Engineer State of Colorado No. 46065 ATD Job # 2021-046 Property Description: The total area of the property is 475 +/- Acres with 27+/- Acres being mined being under Use by Special Review (USR) 20-0025. With the new USR 21- , 8+/- are being returned to the production of dry land crops and an additional 12+/- Acres being opened up for gravel mining. The new mining area will be 31+/- Acres. The property (Parcel #004322300009 SW 1/4) and (Parcel #004322400010 SE 1/4) is located in the South half of Section 22, Township 12 North, Range 63 West of the P.M., County of Weld, State of Colorado. Weld County Road 138 borders the property to the South. Weld County Road 71 is approximately 1.0 miles East of the property. Weld County Road 140 borders the Northern side of Section 22, AKA the State line with Wyoming.. The existing ground cover is dry farmland, planted in dryland corn, for a majority of the site and a small portion is an existing gravel pit. According to the United States Department of Agriculture's (USDA) WebSoil Survey, the site is made up of approximately 85.5% Ascalon fine sandy loam with 0 to 6 percent slopes, 6.3% Ascalon sandy loam with 5 to 9 percent slopes, and 8.3% Peetz gravelly sandy loam with 5 to 20 percent slopes. Both the Ascalon fine sandy loam and the Ascalon sandy loam are type B soils and the Peetz gravelly sandy loam is a type A soil. Through a site inspection, ATD agrees with the Web Soils Report in terms of soil type and site grades. Adjacent Property Owners: Adjacent to the Northeast of the site is an agricultural property owned by Gary, Terry, and Scott Rohrbouck and Tammy Tenley. To the East of the site is an agricultural property owned by KBF Inc. To the South is an agricultural property owned by Peters 313 Ranch Inc. To the West of the site are two agricultural properties owned by the Philip V Breeden Revocable Trust. To the North across the Wyoming -Colorado border is an agricultural property owned by Koing Investments LLC. No developments are located near the site. The land surrounding the property is agricultural. Proposed Site Development: The proposed development of the property is as follows: the gravel pit that is covered by USR20- 0025 is 27+/- acres, 8+/- Acres, of this mining area are being returned to the production of Dry Land Crops. An additional 12 +/-, as located in the South half section of the 475 -acre lease will be opened out for mining of the gravels. The total mining area will be 31+/- Acres. All stormwater is draining into the pit and does not flow off the gravel mining site. Only part of the whole 475 -acre parcel is being used at a time, the areas not in use are kept as the historic use of the parcel which is dry farmland. The new 8+/- Acres is located to the east of the current mining operations. It is assumed that the next gravel mining operations move to the North. Drainage Flow Patterns: All storm water flows, from the existing mining operations, have be contained in the gravel pit,. please see attached topography map from topographic data obtained from 1/21/2020 to 2/8/2020. There is an existing over -burden stockpile located on the Southwest corner of the active gravel pit mining area, at the time of the Topographic Survey (1/21/2020 to 2/8/2020), this area did not drainage into the Pit, that drainage stormwater flow pattern has been corrected and now drains into the gravel pit. The area of the gravel pit that is currently being mined and being used for 2 material processing and stock piling with USR20-0025, will remain as is. Please see sheet 5 of 5 for the existing grading and drainage swales. As the mining operations move to the East, the crusher may be moved east to follow the active mining area, however the stockpile areas will remain as placed. Minor offsite flows from the north and east may enter the gravel pit area in major storm events. There is a small dry creek that feeds into the Little Crow Creek, just West of the 27 acre gravel pit, cuts through the 475 acre lease parcel, this will not have an impact on the gravel pit and there are no plans to mine this area. No stormwater flows leave the gravel pit area and do not impact the dry creek. No known previous drainage problems have occurred at the site, Drainage Policy, Exception to Stormwater Detention: Weld County's Storm Drainage Criteria is provided in Article XI of Chapter 8 of the Weld County Code (Sec 8-11-40. — Drainage Policy). It adopts the most recent edition of the Urban Drainage and Flood Control District's Urban Storm Drainage Criteria Manual (Volumes 1-3), with amendments. Sec. 8-11-40. — Drainage Policy. I. Exceptions to stormwater detention shall not jeopardize the public health, safety, and welfare of public and private property. No stormwater detention will be required for sites that meet any of the following conditions. 6. Gravel pits if the stormwater drains into the gravel pit. Releases from the site shall comply with the Weld County Storm Drainage Criteria, including dewatering. Topographical information shall be provided. Requirements of the Municipal Separate Storm Sewer System (MS4) areas do not apply to the site as the site is not located in an MS4 area (Please see attached map). The site is approximately 12 miles Northwest of the town of Grover, CO (Please see attached map). As the site is not located within a half mile radius of an Urbanized area, the site is classified as Non -Urbanized area. A request for the exemption from stormwater detention is being requested under Sec. 8-11-40.1.6. as outlined above. 3 4 W'6..V.JY.. B� [v ]ja G"ICJ a1 IQn r1Jfl l --County:Road I38 -� Soil Map —Weld County, Colorado, Northern Part MAP LEGEND MAP INFORMATION Area of Interest (Aoq a Spoil Area The soil surveys that comprise your AOI were mapped at fl Area of Interest (AOl) Sp ot S of 1:24000. Soils Very Stony Spot Warning: Soil Map may not be valid at this scale. Soil Map Unit Polygons '`� wl wet Spot Enlargement of maps beyond the scale of mapping can cause Soil Map Unit Lines misunderstanding of the detail of mapping and accuracy of soil Other line placement. The maps do not show the small areas of D Soil Map Unit Points contrasting soils that could have been shown at a more detailed .� Special Line Features Special Point Features scale. U Blowout Water Features Streams and Canals Please rely on the bar scale on each map sheet for map Borrow Pit measurements. Transportation Clay Spot Rails Source of Map: Natural Resources Conservation Service Closed Depression Web Soil Survey URL: o ,..e Interstate Highways Coordinate System: Web Mercator (EPSG:3857) Gravel Pit US Routes Maps from the Web Soil Survey are based on the Web Mercator • Gravelly Spot Major Roads projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Landfill Local Roads Albers equal-area conic projection, should be used if more A. Lava Flow Background accurate calculations of distance or area are required. Marsh or swamp Aerial Photography This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Mine or Quarry Soil Survey Area: Weld County, Colorado, Northern Part Miscellaneous Water Survey Area Data: Version 15, Jun 5, 2020 O Perennial Water Soil map units are labeled (as space allows) for map scales aj Rock Outcrop 1:50,000 or larger. _} Saline Spot Date(s) aerial images were photographed: Jul 19, 2018 -Aug 10, 2018 ° " Sandy Spot 4 The orthophoto or other base map on which the soil lines were Severely Eroded Spot compiled and digitized probably differs from the background Sinkhole imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. �p Slide or Slip Sodhc Spot USDA Natural Resources Web Soil Survey 5/11/2021 Conservation Service National Cooperative Soil Survey Page 2 of 3 Soil Map —Weld County, Colorado, Northern Part Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 4 Ascalon fine sandy loam, 0 to 6 percent slopes 282.0 85.5% 5 Ascalon sandy loam, 5 to 9 percent slopes 20.7 6.3% 51 Peetz gravelly sandy loam, 5 to 20 percent slopes 27.3 83% Totals for Area of Interest 330.0 100.0% USDA Natural Resources Web Soil Survey 5111/2021 Conservation Service National Cooperative Soil Survey Page 3 of 3 Map Unit Description: Ascalon fine sandy loam, 0 to 6 percent slopes ---Weld County, Colorado, Northern Part Weld County, Colorado, Northern Part 4 —Ascalon fine sandy loam, 0 to 6 percent slopes Map Unit Setting National map unit symbol: 2tlp5 Elevation: 4,550 to 6,050 feet Mean annual precipitation: 12 to 17 inches Mean annual air temperature: 46 to 54 degrees F Frost -free period:: 135 to 160 days Farmland classification: Farmland of statewide importance Map Unit Composition Ascalon and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Ascalon Setting Landform: interfluves Landform position (two-dimensional): Backslope, summit Landform position (three-dimensional): Interfluve Down -slope shape: Linear Across -slope shape: Linear Parent material: Wind -reworked alluvium and/or calcareous sandy eolian deposits Typical profile Ap - 0 to 7 inches: fine sandy loam Btl - 7 to 13 inches: sandy clay loam Bt2 - 13 to 18 inches: sandy clay loam Bk - 18 to 48 inches: sandy loam C - 48 to 80 inches: sandy loam Properties and qualities Slope: 0 to 6 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.60 to 6.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 10 percent Maximum salinity: Nonsaline (0.1 to 1.9 mmhoslcm) Sodium adsorption ratio, maximum: 1.0 Available water capacity: Moderate (about 6.8 inches) usDA Natural Resources Web Soil Survey 5111/2021 r Conservation Service National Cooperative Soil Survey Page 1 of 2 Map Unit Description: Ascalon fine sandy loam, 0 to 6 percent slopes ---Weld County, Colorado, Northern Part Interpretive groups Land capability Land capability Hydrologic Soil Ecological site: Hydric soil ratin Minor Components classification (irrigated): 3e classification (nonirrigated): 4e Group: B R067BY024CO - Sandy Plains g: No Olnest Percent of map unit: 8 percent Landform: I nterfl uves Landform position (two-dimensional): Backslope Landform position (three-dimensional): Side slope Down -slope shape: Linear Across -slope shape: Linear Ecological site: R067BY024CO - Sandy Plains Hydric soil rating: No Otero Percent of map unit: 7 percent Landform: I nterfluves Landform position (two-dimensional): Footsiope Landform position (three-dimensional): Base slope Down -slope shape: Linear Across -slope shape: Linear Ecological site: R067BY024CO - Sandy Plains Hydric soil rating: No Data Source Information Soil Survey Area: Weld County, Colorado, Northern Part Survey Area Data: Version 15, Jun 5, 2020 U� Natural Resources Web Soil Survey 5/11/2021 Conservation Service National Cooperative Soil Survey Page 2 of 2 Map Unit Description: Ascalon sandy loam, 5 to 9 percent slopes ---Weld County, Colorado, Northern Part Weld County, Colorado, Northern Part 5 —Ascalon sandy loam, 5 to 9 percent slopes Map Unit Setting National map unit symbol: 2tlmx Elevation: 3,870 to 6,070 feet Mean annual precipitation: 13 to 16 inches Mean annual air temperature: 46 to 57 degrees F Frost -free period: 135 to 160 days Farmland classification: Not prime farmland Map Unit Composition Ascalon and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Ascalon Setting Landform: I nterfluves Down -slope shape: Linear Across -slope shape: Linear Parent material: Wind -reworked alluvium and/or calcareous sandy eolian deposits Typical profile Ap - 0 to 6 inches: sandy loam Bt1 - 6 to 12 inches: sandy clay loam 8t2 - 12 to 19 inches: sandy clay loam Bk - 19 to 35 inches: sandy clay loam C - 35 to 80 inches: sandy loam Properties and qualities Slope: 5 to 9 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Medium Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.60 to 2.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 10 percent Maximum salinity: Nonsaline to very slightly saline (0.1 to 2.0 mmhos/cm) Sodium adsorption ratio, maximum: 1.0 Available water capacity: Moderate (about 6.8 inches) interpretive groups Land capability classification (irrigated): 4e USDA Natural Resources Web Soil Survey 511112021 r Conservation Service National Cooperative Soil Survey Page 1 of 2 Map Unit Description: Ascalon sandy loam, 5 to 9 percent slopes --Weld County, Colorado, Northern Part Land capability classification (nonirrigated): 4c Hydrologic Soil Group: B Ecological site: R067BY024CO - Sandy Plains Hydric soil rating: No Minor Components Stoneham Percent of map unit: 10 percent Landform: I nterfluve s Down -slope shape: Linear Across -slope shape: Linear Ecological site: R067BY002CO - Loamy Plains Hydric soil rating: No Manter Percent of map unit: 5 percent Landform.: Interfluves Down -slope shape: Linear Across -slope shape: Linear Ecological site: R067BY024CO - Sandy Plains Hydric soil rating: No Data Source Information Soil Survey Area: Weld County, Colorado, Northern Part Survey Area Data: Version 15, Jun 5, 2020 U` Natural Resources Web Soil Survey 5/11/2021 Conservation Service National Cooperative Soil Survey Page 2 of 2 Map Unit Description: Peetz gravelly sandy loam, 5 to 20 percent slopes ---Weld County, Colorado, Northern Part Weld County, Colorado, Northern Part 51 Peetz gravelly sandy loam, 5 to 20 percent slopes Map Unit Setting National map unit symbol: 3606 Elevation: 3,500 to 6,500 feet Mean annual precipitation: 15 to 19 inches Mean annual air temperature: 48 to 50 degrees F Frost -free period: 120 to 150 days Farmland classification: Not prime farmland Map Unit Composition Peetz and similar soils: 80 percent Minor components: 20 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Peetz Setting Landform: Breaks, ridges Landform position (two-dimensional): Backslope, shoulder Down -slope shape: Linear Across -slope shape: Linear Parent material: Calcareous gravelly alluvium Typical profile H1 - 0 to 4 inches: gravelly sandy loam H2 - 4 to 60 inches: very gravelly sand Properties and qualities Slope: 5 to 20 percent Depth to restrictive feature: More than 80 inches Drainage class: Somewhat excessively drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): High (2.00 to 6.00 inlhr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content. 20 percent Available water capacity: Low (about 3.1 inches) Interpretive groups Land capability Land capability Hydrologic Soil Ecological site: Hydric soil ratin classification (irrigated): 6e classification (non irriga ted): 6e Group: A R067BY063CO - Gravel Breaks g: No uY Natural Resources Web Soil Survey 5/11/2021 Conservation Service National Cooperative Soil Survey Page 1 of 2 Map Unit Descrip₹ion: Peetz gravelly sandy loam, 5 to 20 percent slopes ---Weld County, Colorado, Northern Part Minor Components Wages Percent of map unit: 10 percent Hydric soil rating: No Altvan Percent of map unit: 5 percent Hydric soil rating: No Ascalon Percent of map unit: 3 percent Hydric soil rating: No Bushman Percent of map unit: 2 percent Hydric soil rating: No Data Source Information Soil Survey Area: Weld County, Colorado, Northern Part Survey Area Data: Version 15, Jun 5, 2020 U� Natural Resources Web Soil Survey 5/11/2021 r Conservation Service National Cooperative Soil Survey Page 2 of 2 Drainage Narrative Gravel Mining USR 20-0025 North Star Pit as operated by Superior Olf eld Services Co., LTD Located Within the Southwest Quarter of Section 22, Township 12 North, Range 63 West of the 6tt' Principal Meridian, County of Weld, State of Colorado Richard Miller 1707 36t'Ave Ct. Greeley, CO 80634 April 10, 2020 Prepared by Kimberly Fridsma BIT 74572 Revised by Mark A. Taylor CO PE 46065 "I hereby attest that this drainage narrative for Richard Miller was prepared by me, or under my direct supervision, in accordance with the provisions of the Weld County Storm Drainage Design Criteria for the responsible parties thereof I understand that Weld County does not and shall not assume liability for drainage facilities designed by others." Mark A. Taylor Registered Professional Engineer State of Colorado No. 46065 ATD Job # 2019-119 Property Description: The total area of the property is 475 +/- Acres though 27+/- Acres are currently being used for mining. The property (Parcel #004322000007) is located in the South half and Northwest quarter of Section 22, Township 12 North, Range 63 West of the P.M., County of Weld, State of Colorado. Weld County Road 138 borders the property to the South. Weld County Road 71 is approximately 1.5 miles East of the property. Weld County Road 140 borders the property to the North. The existing ground cover is dry farmland, planted in dryland corn, for a majority of the site and a small portion is an existing gravel pit. According to the United States Department of Agriculture's (USDA) WebSoil Survey, the site is made up of approximately 71.4% Ascalon fine sandy loam with 0 to 6 percent slopes, 12.3% Ascalon sandy loam with 5 to 9 percent slopes, and 16.3% Peetz gravelly sandy loam with 5 to 20 percent slopes. Both the Ascalon fine sandy loam and the Ascalon sandy loam are type B soils and the Peetz gravelly sandy loam is a type A soil. Through a site inspection, ATD agrees with the Web Soils Report in terms of soil type and site grades. Adjacent Property Owners: Adjacent to the Northeast of the site is an agricultural property owned by Gary, Terry, and Scott Rohrbouck and Tammy Tenley. To the East of the site is an agricultural property owned by KBF Inc. To the South is an agricultural property owned by Peters 313 Ranch Inc. To the West of the site are two agricultural properties owned by the Philip V Breeden Revocable Trust. To the North across the Wyoming -Colorado border is an agricultural property owned by Koing Investments LLC. No developments are located near the site. The land surrounding the property is agricultural. Proposed Site Development: The proposed development of the property includes: a gravel pit that is about 27 acres and as the pit is depleted of resources it will be returned to the flat farmland and another small section of the 475 -acre lease will be mined for the gravels. All stormwater is draining into the pit and does not flow off the gravel mining site. Only part of the whole 475 -acre parcel is being used at a time, the areas not in use are kept as the historic use of the parcel which is dry farmland. When they have finished mining current 27 acres, the area is reclaimed and returned to dry -land corn and a new area is opened up to the east of the last mining area. It is assumed that as they gravel mining operations move to the east the stormwater drainage patterns will continue to drain into the gravel pit. Drainage Flow Patterns: All storm water flows will be contained in the gravel pit, please see attached topography map from topographic data obtained from 1/21/2020 to 2/8/2020. There is an existing over -burden stockpile located on the Southwest corner of the active gravel pit mining area, at the time of the Topographic Survey (1/21/2020 to 2/8/2020), this area did not drainage into the Pit. Minor grading of the overburden stockpile and the addition of two drainage swales will be added to the area around the toe of the stockpile will be added to direct all stormwater runoff from the stockpile into the pit. Please see sheet 5 of 5 for the proposed grading and drainage swales. 2 Minor offsite flows from the north and east may enter the gravel pit area in major storm events. There is a small dry creek that feeds into the Little Crow Creek just West of the 27 acre gravel pit that cuts through the 475 acre lease parcel, this will not have an impact on the gravel pit and there are no plans to mine this area. No stormwater flows leave the gravel pit area and do not impact the dry creek. No known previous drainage problems have occurred at the site. Drainage Policy, Exception to Stormwater Detention. Weld County's Storm Drainage Criteria is provided in Article XI of Chapter 8 of the Weld County Code (See 8-11-40. — Drainage Policy). It adopts the most recent edition of the Urban Drainage and Flood Control District's Urban Storm Drainage Criteria Manual (Volumes 1-3), with amendments. Sec. 8-11-40. — Drainage Policy. 1. Exceptions to stormwater detention shall not jeopardize the public health, safety, and welfare of public and private property. No stormwater detention will be required for sites that meet any of the following conditions. 6. Gravel pits if the stormwater drains into the gravel pit. Releases from the site shall comply with the Weld County Storm Drainage Criteria, including dewatering. Topographical information shall be provided. Requirements of the Municipal Separate Storm Sewer System (MS4) areas do not apply to the site as the site is not located in an MS4 area (Please see attached map). The site is approximately 12 miles Northwest of the town of Grover, CO (Please see attached map). As the site is not located within a half mile radius of an Urbanized area, the site is classified as Non -Urbanized area. A request for the exemption from stormwater detention is being requested under See. 8-11-40.I.6. as outlined above. 3 ;rvei ,•. ALLES TAYLOR & DUKE, LLC LICENSED PROFESSIONAL ENGINEERS LICENSED PROFESSIONAL LAND SURVEYORS April 14, 2020 Diana Aungst Weld County Department of Planning Services 1555 N. 17th Ave. Greeley, CO 80631 3610 35TH AVE. UNIT #6 EVANS, 80634 970-330-0308 RE: Noise Report— Weld County USR Application North Star Mining Operation Gravel Pit (PRE19-0180) Dear Ms. Aungst, Noise Report According to Section 25-12-103 of the Colorado Revised Statues (CRS) permissible noise levels 25' outside of the property line for an industrial area activity are to be 80dB(A) from 7:00 a.m. to 7:00 p.m. and 75dB(A) from 7:00 p.m. to 7:00 a.m. Table 1, CRS 25-12-103(1) — Maximum Permissible noise levels 25 feet from property line. Zone Maximum permissible noise between 07:00 — 19:00 hours Maximum permissible noise between 19:00 — 07:00 hours Residential 55 db(A) 50 db(A) Commercial 60 db(A) 55 db(A) Light Industrial 70 db(A) 65 db(A) Industrial 80 db(A) 75 db(A) Within the site, peak noise levels have been estimated based on the equipment type using the Federal Highway Associations' "Construction Noise Handbook" where available. Table 2 shows the information obtained from the handbook. For the additional equipment not listed in the handbook, the manufacturers were contacted via email and phone in an attempt acquire the required noise measurements but were either unwilling or unable to provide the requested information. Table 2. Federal Highway Associations' "Construction Noise Handbook"— published Peak Noise Levels for equipment on - site. Machine Manufacturer Model/Type (Year) Peak Noise Level* (dBA) Cone Crusher Cedar Rapids RC -4511 No Information Available Wheel Mounted Stacker Superior 36"x125' No Information Available Land Conveyor CC Fab 36"x60' (2006) No Information Available Land Conveyor Superior 36"x60' (2002) No Information Available Land Conveyor CC Fab 36"x60' (2005) No Information Available Land Conveyor Cedar Rapids 36'x60' (1996) No Information Available Belt Feeder General 36' HD (2012) No Information Available ALLES TAYLOR & DUKE, LLC LICENSED PROFESSIONAL ENGINEERS LICENSED PROFESSIONAL LAND SURVEYORS 3610 35TH AVE. UNIT #6 EVANS, 80634 970-330-0308 8" Dewatering Pump (x2) Mody Pumps G1002T No Information Available Stacker McCloskey ST100T No Information Available Screen McCloskey S190 2DT No Information Available Portable Generator Magnaplus 361PLS1601 81 Wheel Loader (x2) John Deere 844K -II 79 As shown in Table 3 below, additional noise levels were obtained on -site with a db meter at distances of 100 feet, 200 feet, at the South property line and the East and West limits of the working area, please see the attached noise exhibit and were the decibel noise measurements were obtained . When running at full capacity the equipment on -site is operating above the 80 db limit when standing within 25' of the equipment. However, noise levels drop off rapidly and are well within the published limits once the outer boundaries of the mining site are reached. The majority of the equipment has limited mobility and is established in a centralized location within the working site with only the wheel loaders expected to operate within close proximity to the boundary. Per the "Construction Noise Handbook" these have a db rating of 79 db(A) and fall below the allowable threshold during daylight hours. North Star will not be working from 19:00 to 07:00, therefor the lower 75 db(A) limit will does not apply. Table 3. Measured noise levels* Distance Noise reading <25' (In Pit Work Area) 98 db(A) 100' 80 db(A) 200' (East line) 70 db(A) South Line (CR 138) 59 db(A) West Line 50 db(A) *see attached survey drawing "Noise Report Exhibit Map" for graphic representation Given that the nearest occupied structures are on the Peters 313 Ranch a mile to the South, and at the Highpoint Operating Corporation site more than 7,000 feet to the East, the measured noise levels will not have an impact at these distances, and are well within tolerance at the Mining Permit Lease line. I hope you find this information useful as an addition to the Use by Special Review Application. Feel free to contact me regarding any questions at Alles taylor duke@yahoo.com or 970-970-330-0308. Sincerely, Mark A. Taylor PE, Alles Taylor & Duke LLC. SUPERIOR OILFIELD SVCS CO. - USE BY SPECIAL REVIEW (USR) WEST HALF (W 1/2) AND SOUTHEAST QUARTER (SE 1/4) OF SECTION 22, TOWNSHIP 12 NORTH, RANGE 63 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORAD NOISE REPORT EXHIBIT MAP T%TCITT Tn T7TT A nil ♦ Scale 1' = 200' USE BY SPECIAL REVIEW (USR) RICHARD MILLER 27808 W.C.R. 57, KERSEY, CO 80644 COUNTY OF WELD COLORADO PART OF THE NE 1/4 OF SEC. 7, T. 8 N. R. 65 W. KtV l IUNJ Date: Description Appry 1 04/02 First Draft UT DESIGNED BY: DRAWN BY: ZW CHECKED BY: MT DATE I PROJECT NO. 04/02/2020 1 2019-119 Lilt, 138 A LLES TA YL OR & DUKE, LLC 3610 35th Ave., Unit 6 Evans, Colorado 80620 (970) 330-0308 ENGINEERING & LAND SURVEYING SERVICES qty Superior Oilfield Services Co., LTD / North Star Pit 970-352-4444 Superior Oilfield Services Co., LTD. 2. ion: 1.4 miles west of WCR 71 on WCR 138. (40` 59' 16" N) 3. Entergency Telephone Numbers: 4. S Facility Primary: Facility Secondary: Fire District Pawnee Fire District 970-352-4444 970-381-3459 Ambulance Service Area Banner Paramedic Services 911 911 N_ fight 970-381-6121 970-573-8020 Weld County Regional Communications center 911 911 911 911 Cher Chemtrec (Chemical transportation Emergency Center) (800) 424-9300 Fire Department/District: Ambulance Service Area: Law Enforcement Agency: Communication Center Office of Emergency management Surrounding Occupancies & Land Us 1.5 miles southeast High Point Offices 1.7 miles southeast Hereford Gas Plant Summit Mid -Steam 970-895-2237 970-768-3310 970-897-2561 970-350-9600 970-304-6540 2.0 miles southeast Weld County Peters 313 Pit 6. Personal Protective Luaiuinent Available: Location Ear Plugs / Muffs Self -Contained breathing apparatus: Spare compressed breathing air bottles Dust Masks (N-95) Work Gloves Safety Vests Face Shield or similar protection: Hard Hats Safety Glasses On Site Fire Department Fire Department On Site On Site On Site Fire Department On Site On Site 7. Location of E.mer2encvE ui ment & Supplies: Phone# Fire Extinguishers First -Aid Kits, Blanket and Stretcher 8. Location & 'Types _ofWater Supplies: Bottled Water Employees Personnel Water 9. Transjiortation routes: In all mobile equipment on site, at scale house and in conex box in pit. In conex box in pit and at scale house, On Site Employee Vehicles Most chemical/product( Diesel Fuel ) is delivered by 4gfjjy via WCR 77 from Briggsdale north to WCR 136 west to WCR 71 north to WCR 138 west to pit site. 10. Action Items and Res one: Diesel fuel is delivered to the site to a 1000 gallon storage tank used on site to fuel a generator plant and the mobile equipment on site used for the operation. The tank has secondary containment. A spill or leak outside the tank area would he contained by use of a t'ront end loader applying a drying agent such as sand to the area then relocating the contaminated material to a designated area to then be remediated. In case of a fire all mobile equipment on site and the scale house are equipped with fire extinguishers for just such an event. 11. [ `auwr•dination with First Responder Agencies: First Responder Representative and Company Representative met on March 23, 2021 to review emergency plan and tour facility. 12. Safet • and I rainin g 1(e% ins: Each year, all employees are provided with all necessary information concerning the proper handling of a chemical spill or accident. This information shall be in the form of a review sheet detailing proper procedures, which shall be signed and dated by each employee when all items are understood. Also, proper use of cleanup and containment tools and procedures will be demonstrated as necessary. Any new or updated information or procedures will be taught to employees immediately when applicable. Facility -Manager__t i date 'tc cl�2 j4c2d{ Fire Dept. Official _ ` Date 3-30-2021 Weld County OEM David Burns Date Digitally signed by David Burns Date: 2021.03.31 08:52:43 -06'00' STATE OF COLORADO COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AIR POLLUTION CONTROL DIVISION TELEPHONE: (303) 692-3150 CONSTRUCTION PERMIT PERMIT NO: 13WE3001 F Initial Approval DATE ISSUED: April 21, 2014 ISSUED TO: Superior Oi Ifield Services Co., LTD THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Sand and gravel pit, known as the North Star Pit, located at CR 71 & 138, Hereford, in Weld County, Colorado, THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: Description FAIR oint 001 Material extraction, handling, stockpiling, and hauling. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND CONTROL ACT C.R.S. (25-7-101 e_t sea), TO THOSE GENERAL TERMS AND CONDITIONS INCLUDED IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: REQUIREMENTS TO SELF -CERTIFY FOR FINAL APPROVAL 1. YOU MUST notify the Air Pollution Control Division (Division) no later than fifteen days after commencement of operation under this permit by submitting a Notice: o( Startup (NOSI form to the Division. The Notice of Startup (NOS) form may be downloaded online at www.cdphe.state.co.us/ap/downloadforms.htm1. Failure to notify the Division of startup of the permitted source is a violation of AQCC Regulation No. 3, Part B, Section lll.G.1 and can result in the revocation of the permit. 2. Within one hundred and eighty days (180) after commencement of operation, compliance with the conditions contained on this permit shall be demonstrated to the Division. It is the permittee's responsibility to self certify compliance with the conditions. Failure to demonstrate compliance within 180 days may result in revocation of the permit or enforcement action by the Division. Information on how to certify compliance was mailed with the permit or can be obtained from the Division, (Reference: Regulation No. 3, Part B, III.G.2), 3. This permit shall expire if the owner or operator of the source for which this permit was issued: (i) does not commence construction/modification or operation of this source within 18 months after either the date of issuance of this initial approval permit or the date on which such construction or activity was scheduled to commence as set forth in the permit application associated with this AIRS ID_ 123/9C1C1001 Page 1 of 6 Version 2009-1 Colorado Department of Public Health and Environment Air Pollution Control Division Superior Oilfield Services Co., LTD Permit No. 13WE3001 F Initial Approval permit; (ii) discontinues construction for a period of eighteen months or more; or (iii) does not complete construction within a reasonable time of the estimated completion date (See General Condition No. 6., Item 1.). Upon a showing of good cause by the permittee, the Division may grant extensions of the permit. (Reference: Regulation No. 3, Part B, Section III.F.4,) 4. Within one thirty (30) days after commencement of operation, the AIRS ID (example: 001/01791012) number shall be posted in an easily visible location for ease of identification. (Reference: Regulation No. 3, Part B, III.E.) (State only enforceable) EMISSION LIMITATIONS AND RECORDS 5. Emissions of air pollutants shall not exceed the following limitations (as calculated using the emission factors included in the Notes to Permit Holder section of this permit). (Reference: Regulation No. 3, Part B, Section II.A.4) Annual Emission Limits: Facility Equipment ID AIRS Point Tons per Year Emission Type PM PM10 PMz,s NOx CO North Star Pit 001 8.5 3.0 0.4 - - Fugitive Note: Compliance with the fugitive emission limits shall be demonstrated by not exceeding the production limits listed below and by following the attached particulate emissions control plan. PROCESS LIMITATIONS AND RECORDS 6. This source shall be limited to the following maximum consumption, processing and/or operational rates as listed below. Daily and annual records of the actual process rate shall be maintained by the applicant and made available to the Division for inspection upon request. (Reference: Regulation 3, Part B, II.A.4) Production Limits: Production Parameter Annual Limit (tonslyear) AIRS Point Daily Limit (tons/day) 001 Sand and gravel extraction 4,000 150,000 STATE AND FEDERAL REGULATORY REQUIREMENTS 7. Visible emissions from conveyors and transfer points shall not exceed twenty percent (20%) opacity during normal operation of the source. During periods of startup, process modification, or adjustment of control equipment visible emissions shall not exceed 30% opacity for more than six minutes in any sixty consecutive minutes. (Reference: Regulation No. 1, Section II.A.1. & 4.) OPERATING & MAINTENANCE REQUIREMENTS AIRS ID: 12319CIC1001 Page 2 of 6 Colorado Department of Public Health and Environment Air Pollution Control Division Superior Oilfield Services Co., LTD Permit No. 13WE3001 F Initial Approval 8. This source is not required to follow a Division -approved operating and maintenance plan. COMPLIANCE TESTING AND SAMPLING Initial Testing Requirements 9. There are no initial testing requirements. Periodic Testing Requirements 10. Periodic testing is not required for this source. ADDITIONAL REQUIREMENTS 11. The AIRS ID number shall be posted in an easily visible location for ease of identification. (Reference: Regulation No. 3, Part B, 1II.E.) (State only enforceable) 12. The particulate emission control measures listed on the attached page (as approved by the Division) shall be applied to the particulate emission producing sources as required by Regulation No. 1, Section III.D.1.b. 13. This permit is for the activities specified above; any additional process equipment (i.e. crushers, screens, etc.) to be located at this site must have a separate permit from the Division. (Reference: Reg. 3, Part B, III,E.) 14. A Revised Air Pollutant Emission Notice (APEN) shall be filed: (Reference: Regulation No. 3, Part A, Section II.C.) a. Annually whenever a significant increase in emissions occurs as follows: For any criteria pollutant: For sources emitting less than 100 tons per year, a change in annual actual emissions of five (5) tons per year or more, above the level reported on the last APEN; or For sources emitting any amount of lead, a change in actual emissions of fifty (50) pounds of lead above the level reported on the last APEN submitted. For any non -criteria reportable pollutant: If the emissions increase by 50% or five (5) tons per year, whichever is less, above the level reported on the last APEN submitted to the Division. b. Whenever there is a change in the owner or operator of any facility, process, or activity; or c. Whenever new control equipment is installed, or whenever a different type of control equipment replaces an existing type of control equipment; or d. Whenever a permit limitation must be modified: or AIRS ID: 123/9C1C/001 Page 3 of 6 Colorado Department of Public Health and Environment Air Pollution Control Division Superior Oilfield Services Co., LTD Permit No. 13WE3001 F Initial Approval e. No later than 30 days before the existing APEN expires. GENERAL TERMS AND CONDITIONS: 15. This permit and any attachments must be retained and made available for inspection upon request. The permit may be reissued to a new owner by the Division as provided in Regulation No. 3, Part B, Section ILB upon a request for transfer of ownership and the submittal of a revised APEN and the required fee. 16. This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon conduct of the activity, or construction, installation and operation of the source, in accordance with this information and with representations made by the applicant or applicant's agents. It is valid only for the equipment and operations or activity specifically identified on the permit. 1 By: By: 1 FOR K.C. Houlden R K Hancock III, P.E. Permit Engineer Construction Permits Unit Supervisor Permit History: Permit Histo Issuance Initial Appro Date This Issuance Notes to Permit Holder (as of permit issuance): Description to Suoerior oilfield Services Co.. LTD 1) The production or raw material processing limits and emission limits contained in this permit are based on the production/processing rates requested in the permit application. These limits may be revised upon request of the permittee providing there is no exceedence of any specific emission control regulation or any ambient air quality standard. A revised air pollutant emission notice (APEN) and application form must be submitted with a request for a permit revision. 2) This source is subject to the Common Provisions Regulation Part II, Subpart E, Affirmative Defense Provision for Excess Emissions During Malfunctions. The permittee shall notify the Division of any malfunction condition which causes a violation of any emission limit or limits stated in this permit as soon as possible, but no later than noon of the next working day, followed by written notice to the Division addressing all of the criteria set forth in Part II.E.1. of the Common Provisions Regulation. See: http://www.cdphe.state.co.us/regulationsfairregs/5CCR1 001-2 .pdf. 3) In accordance with C.R.S. 25-7-114.1, each Air Pollutant Emission Notice (APEN) associated with this permit is valid for a term of five years from the date it was received by the Division. A revised APEN shall be submitted no later than 30 days before the five-year term expires. Please AIRS I D: 123/9 C 1 C/001 Page 4 of 6 Colorado Department of Public Health and Environment Air Pollution Control Division Superior Oilfield Services Co., LTD Permit No. 13WE3001F Initial Approval refer to the most recent annual fee invoice to determine the APEN expiration date for each emissions point associated with this permit. For any questions regarding a specific expiration date call the Division at (303)-692-3150. 4) This facility is classified as follows: Applicable Requirement Permit PSD/NANSR Status Minor source Minor source 5) The permit holder is required to pay fees for the processing time for this permit. An invoice for these fees will be issued after the permit is issued. The permit holder shall pay the invoice within 30 days of receipt of the invoice. Failure to pay the invoice will result in revocation of this permit (Reference: Regulation No. 3, Part A, Section VI.B.) 6) If this permit specifically states that final approval has been granted, then the remainder of this condition is not applicable. Otherwise, the issuance of this construction permit does not provide "final" authority for this activity or operation of this source. Final approval of the permit must be secured from the Division in writing in accordance with the provisions of 25-7-114.5(12)(a) C.R.S, and Regulation No. 3, Part B, Section III.G. Final approval cannot be granted until the operation or activity commences and has been verified by the Division as conforming in all respects with the conditions of the permit. Once self -certification of all points has been reviewed and approved by the Division, it will provide written documentation of such final approval. Details for obtaining final approval to operate are located in the Requirements to Self -Certify for Final Approval section of this permit. 7) Unless specifically stated otherwise, the general and specific conditions contained in this permit have been determined by the Division to be necessary to assure compliance with the provisions of Section 25-7-114.5(7)(a), C.R.S. 8) Each and every condition of this permit is a material part hereof and is not severable, Any challenge to or appeal of a condition hereof shall constitute a rejection of the entire permit and upon such occurrence, this permit shall be deemed denied ab iniitio. This permit may be revoked at any time prior to self -certification and final authorization by the Division on grounds set forth in the Colorado Air Pollution Prevention and Control Act and regulations of the AQCC including failure to meet any express term or condition of the permit. If the Division denies a permit, conditions imposed upon a permit are contested by the applicant, or the Division revokes a permit, the applicant or owner or operator of a source may request a hearing before the AQCC for review of the Division's action. 9) Section 25-7-114.7(2)(a), C.R.S. requires that all sources required to file an Air Pollutant Emission Notice (APEN) must pay an annual fee to cover the costs of inspections and administration. If a source or activity is to be discontinued, the owner must notify the Division in writing requesting a cancellation of the permit. Upon notification, annual fee billing will terminate. 10) Violation of the terms of a permit or of the provisions of the Colorado Air Pollution Prevention and Control Act or the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under Sections 25-7-115 (enforcement), -121 (injunctions), -122 (civil penalties), -122.1 (criminal penalties), C.R.S. AIRS ID: 12319C1C1001 Page 5 of 6 Colorado Department of Public Health and Environment Air Pollution Control Division Superior Oilfield Services Co., LTD Permit No. 13WE3001 F Initial Approval PARTICULATE EMISSIONS CONTROL PLAN FOR MINING AND PROCESSING ACTIVITIES THE FOLLOWING PARTICULATE EMISSIONS CONTROL MEASURES SHALL BE USED FOR COMPLIANCE PURPOSES ON THE ACTIVITIES COVERED BY THIS PERMIT, AS REQUIRED BY THE AIR QUALITY CONTROL COMMISSION REGULATION NO.1, SECTION III.D.1.b. THIS SOURCE IS SUBJECT TO THE FOLLOWING EMISSION GUIDELINES; a. Mining and Processing Activities - Visible emissions not to exceed 20%, no off -property transport of visible emissions. b. Haul Roads - No off -property transport of visible emissions shall apply to on -site haul roads, the nuisance guidelines shall apply to off -site haul roads. c. Haul Trucks - There shall be no off -property transport of visible emissions from haul trucks when operating on the property of the owner or operator. There shall be no off -vehicle transport of visible emissions from the material in the haul trucks when operating off of the property of the owner or operator. Control Measures 1. Adequate soil moisture must be maintained in topsoil and overburden to control emissions during removal. Watering shall be implemented if necessary. 2. Topsoil and overburden stockpiles shall be revegetated within one year. 3. Emissions from material handling (i.e. removal, loading, and hauling) shall be controlled by watering at all times unless natural moisture is sufficient to control emissions. 4. Haul roads shall be graveled and watered as often as needed to control fugitive particulate emissions such that the above guidelines are met. 5. Reclamation works and sequential extraction of material shall be initiated to keep the total disturbed areas at any one time to a minimum. 6. All disturbed areas shall be watered as often as needed to control fugitive particulate emissions such that the above guidelines are met. AIRS ID: 12319C1C/001 Page 6 of 6 FIRST AMENDMENT TO GRAVEL MINING LEASE AGREEMENT This FIRST AMENDMENT TO EXTEND GRAVEL MINING LEASE AGREEMENT (the "Amendment"), effective as of the 5` day of October, 2021 (the "Effective Date"), is between Konig Ag Co., a Colorado corporation, whose principal address is 37231 Highway 14, Briggsdale, Colorado 80611 (the "Lessor"), and Superior Oilfield Services Company, Ltd., a Colorado limited liability company also doing business under the name Laser OiIheld Services, whose principal address is 2986 West 29th Street, #12-13, Greeley, Colorado 80631 (the "Lessee"). Lessor and Lessee may be referred to individually as a "par " and collectively as the "Parties." RECITALS A. Capitalized terms not otherwise defined herein shall have the meaning provided for such term in that certain Gravel Mining Lease Agreement (the "Least), dated effective as of the 5th day of October, 2011, which provides for Lessee's right to conduct sand and gravel mining operations on the Property. B. The Primary Term of the Lease expires on October 5, 2021, but the Parties desire to extend the Primary Term and to modify certain other terms of the Lease as set forth in this Amendment. NOW THEREFORE, the Parties hereby agree to amend the Lease as follows effective as of the Effective Date: AGREEMENT 1. No Known Existing Default. Lessor acknowledges and agrees that Lessee is not in default under the Lease as of the Effective Date of this Amendment. 2_ Primary 3'er�ee The first senteljIe vf'ecuvii ,.1 of tue Lease is hereby amended to state: a. The Lease is granted for a term commencing on the Effective Date and extending to 11:59 P.M. on October 5, 2026 (the "P rz:nrry Term"). 3. Production Royalty. Effective for Materials sold or removed from the Property on or after October 1, 2021, the Production Royalty due under Section 4.1 of the Lease is hereby changed to per Product Ton. 4. Notice. Any notices required or authorized to be given by this Amendment or the Lease shall be in written form, addressed to the proper Party at the following address or such address as the Party shall have designated to the other Party in accordance with this Section. If to Lessor: Konig Ag Co. Attn. Joel Konig 37231 Highway 14 Briggsdale, Colorado 80611 (970) 590-5061 CPP {00761230 3} Amendment to Extend Gravel Mining Lease Agreement Page 1 of 3 With a copy to: Lind & Ottenhoff, LLP. 355 Eastman Park Drive, Suite 200 Windsor, Colorado 80550 (970) 674-0888 (Telephone) (970) 674-9535 (Facsimile) If to Lessee: Superior Oilfield Services Company, Ltd. Attn. Rick Miller 2986 West 29th Street, #12-13 Greeley, Colorado 80631 (970) 454-3222 With a copy to: Coan, Payton & Payne, LLC Attn. G. Brent Coan 103 West Mountain Avenue, Suite 200 Fort Collins, Colorado 80524 (970) 225-6700 (Telephone) ghcoaiuicp2hikW,com(Email) 5. Ratification and Conflicts. Except to the extent expressly amended hereby, all of the terms and provisions of the Lease shall remain unaffected, unchanged, and unimpaired by reason of this Amendment. In the event of a conflict between the terms of the Lease and this Amendment, this Amendment shall control. 6. Readlaa The headings of this Amendment are for convenience of reference only. 7. Counterparts. This Amendment may be executed in counterparts, each of which shall constitute an original, but all of which together shall constitute one and the same instrument. The signature page of any counterpart may be detached therefrom without impairing the legal effect of any signature thereon provided such signature page is attached to any other counterpart identical to the Amendment except having additional signature pages executed by the other Party. Counterparts may be delivered by facsimile or electronic mail and shall be treated as original counterpart for all purposes. 8_ Clboice of Law. This Amendment shall be construed and enforced in accordance with the laws of the State of Colorado without applying Colorado's choice -of -law principles. The language in all parts of this Amendment shall in all cases be construed as a whole according to its fair meaning and not strictly for or against either Party. 9. Severahility. In the event that any part of this Amendment shall be held to be invalid or �W unenforceable by a court of competent jurisdiction, such provision shall be reformed and enforced to the maximum extent permitted by law. If such provision cannot be reformed or enforced at all, it CPP{0(776]2503} Amendment to Extend Gravel Mining Lease Agreement Page 2 of 3 shall be severed from this Amendment and the remaining portions of this Amendment shall be valid and enforceable, IN WITNESS WHEREOF, the Parties have executed this Amendment to be effective as of the Effective Date, LESSOR: Konig Ag Co., a Colorado co ration By: J l Kouig, Presid . t STATE OF COLORADO ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 2`day of October, 2021 by Joel Konig, as President of Konig Ag Co., a Colorado corporation. Witness my hand and official Kimberly Faith Vargas Notary Pubhr. Slate of Coluraat, Notary 4D 120?' 4021172 111MMAilr tXL • '&s May 28. LESSEE: Superior Oilfield Services Company, Ltd., a Colorado limited liability company r By; Rkk Miller President STATE OF COLORADO ) ) ss. COUNTY OF WELD ) Notary Public My commission expires: PAPA1 o?k The foregoing instrument was acknowledged before me this 9- day of October, 2021 by Rick Miller as President of Superior Oilfield Services Company, Ltd., a Colorado limited liability company. Witness my hand and official seal. AMANDA BUTLER Notary Public State of Colorado Notary ID #20204030594 My Commission Expires 09-02.2024 Notary Public My commission expires: o \ 0 -cvii4 CPP{00761250 3) Amendment to Extend Gravel Mining Lease Agreement Page 3 of 3 RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF COUNTY ROAD 138 AND AUTHORIZE CHAIR TO SIGN SUPERIOR OILFIELD SERVICES, LTD. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a the Upgrade and Maintenance of County Road 138 Right• State of Colorado, by and through the Board of County behalf of the Department of Public Works, and Superior Read 72, Greeley, Colorado 80633, with terms and agreement, and Nonexclusive License Agreement for •of -Way between the County of Weld, Commissioners of Weld County, on Oilfield Services Ltd., 14280 County conditions being as stated in said WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Nonexclusive License Agreement for the Upgrade and Maintenance of County Road 138 Right -of -Way between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Superior Oilfield Services, Ltd., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of July, A, D., 2012. ATTEST: Weld County Clerk to the Board BY: Deputy C rk to he Boa APPROVED AS TO FORM: Date of signature: 1''21-J D- BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO cPc Sean P. Conway, Chair CUSED Kirkmeyer USED 2012-1698 EG0064 SE AGREEMENT F LO COUNTY RRGHT-OF-WA THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this'1'day of 2012, by and between WELD COUNTY, COLORADO, by and through the Board of County Commissioners of Weld County, Colorado, whose address is 1150 O Street, Greeley, Colorado 80631, as First Party, and Superior Oilfield Services, Ltd. as Second Party whose address is 14280 County road 72, Greeley, CO 80633. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at the PT SW 4 of Section 22, Township 12 North, Range 63 West of the 6`h P.M. in Weld County, Colorado, and WHEREAS, First Party is the owner of the right-of-way known as WCR 138 section line west of WCR 71 and located as follows: 30 foot of right-of-way on the south section sine of Sections 22 and 23 Township 12 North, Range 63 West, in Weld County, Colorado, which is hereinafter referred to as "ROW," and Superior Oilfield Services, Ltd, has a lease agreement with the property owner allowing use and access to the subject property along the south 30 foot of Sections 22 and 23, Township 12 North, Range 63 West, and WHEREAS, ROW is currently not being maintained by First Party, and WHEREAS, Second Party wishes to upgrade and thereafter maintain ROW at his/her/its sole expense in order to provide said more effective access. NOW, THEREFORE, in consideration of the covenants contained herein and the agreements of said Second party to be performed hereunder, and upon the conditions herein stated, First Party does grant to Second Party, its successors and assigns, a nonexclusive license to upgrade and maintain ROW without gating or fencing across the same. The conditions by which Second Party may upgrade and maintain ROW are as follows: ] , First Party retains the right to revoke this Nonexclusive License Agreement at any time for any reason, but such revocation shall not prohibit Second Party's continued use of the ROW for access to Second Party's property, to the extent that such continued use is consistent with the right of the public to use the ROW. First Party shall give Second Party written notice of its intent to revoke this Nonexclusive License Agreement at least ninety (90) days prior to the intended date of revocation. Such notice shall be sent to Second Party by Certified Mail to its address written above or served upon Second Party in accordance with the Colorado Rules of Civil Procedure. Second Party shall have the duty of informing First Party of Second Party's change in address from his address written above. 2. The upgrade and maintenance of ROW by Second Party shall be done in such manner as reasonably prescribed by First Party, which manner shall include, but not be limited to, the fallowing: 3858559 Pages: 1 of 4 07110/2012 10:46 en a Fee:$0.0@ Steve Moreno. Clerk and Recorder. Weld County, GO ■iW1,1%Fir,rr tI.14,tW 14"1 1j7"4 NJ III w'rL/ate4Nh 09nP a. ROW shall be constructed and maintained as a graded and drained all-weather road, The access width requirements for emergency equipment (fire department) are a minimum of 20 feet, Dust control may be required. b If the installation of a cross culvert is required through an existing drainage pattern or di₹ch, Second Party shall be responsible to supply and install such culvert, which shall be inspected by First Party to ensure adequacy of capacity, strength, and length. Second Party shall be responsible to maintain the culvert after its installation, including periodically cleaning the same. c. If the installation of a cattle guard is required, Second Party shall be responsible to supply and install such cattle guard, which shall meet County standards. Second Party shall be responsible to maintain the cattle guard after its installation, including periodically cleaning the same. d. This Nonexclusive License Agreement does not grant the right to gate or fence ROW for private use, but is intended to provide access to private property. e. Prior to commending work within the ROW, Second Party shall, through the services of a licensed registered surveyor hired and paid for by Second Party, mark the location of the exterior boundaries of the ROW. 3. The upgrade and maintenance of the ROW by Second Party, including those items set forth in Paragraph 1 above, or any other requirements stated by First Party, shall be at its own expense and without the aid or use of Weld County funds. Second Party shall be responsible for snow removal from ROW, if required to gain access, as part of the maintenance responsibilities referred to herein. 4_ Except for the negligence of First Party, Second Party shall indemnify and save harmless First Party, its successors, assigns, employees, and agents from any damage or loss sustained by them or any of them to the extent caused by Second Party's negligence with respect to the upgrade and maintenance of the ROW. S. Except for the negligence of First Party, Second Party agrees to protect First Party and save and hold it harmless from any and all third party claims and damages that said upgrade and maintenance may directly or indirectly cause to the extent attributable to the negligence of Second Party, Second Party hereby releases First Party, its successors, assigns, employees, and agents from any and all claims and damages of whatsoever character to property owned by Second Party resulting from any act, either on the part of the First Party or on the part of any third party. 6, Otherthan assignments in connection with the mortgage or sale of all or substantially all ofthe Second Party's assets or equity interests in Second Party, for which no consent shall be required. Second Party shall not assign any or all of its rights under this Nonexclusive License Agreement without first obtaining written consent to such assignment from First Party, which consent shall not be unreasonably withheld, 38558009 pages 2 of 4 07110/2012 kmma.;rim and wn sit a ca dw$. kein Came. en '.Ill ( 1 ` I"A ii 114 S 7. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party hereto, or its agents or employees. This Nonexclusive License Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 8. If any term or provision of this Nonexclusive License Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Nonexclusive License Agreement, or the application of such terms or provisions, to a person or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Nonexclusive License A greement shall be deemed valid and enforceable to the extent permitted by law. 9. No portion of this Nonexclusive License Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Nonexclusive License Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Nonexclusive License Agreement. 10. It is expressly understood and agreed that the enforcement of the terms and conditions of this Nonexclusive License Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Nonexclusive License Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Nonexclusive License Agreement, it is the express intension of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Nonexclusive License Agreement shall be an incidental beneficiary only. 11. There shall be a $150 fee for the fabrication and installation of blue and white cross roads signs identifying the section line road intersection for the use of addressing and emergency response. The blue and white signs identify a non -maintained County right-of-way, Distance and location from the nearest maintained County road may require additional information signs. If existing signs are in place, the fee may be waived. 12. There shall be a $100.00 fee for the Nonexclusive License Agreement. 13. Weld County Road "Access Permit Application Form" is included in the packet. It will be required for all new and existing roads, driveways, change in use or other means of providing ingress or egress to lands adjoining County right-of-way. There may be a fee of $75.00 - $150.00. It is mutually understood and agreed that this Nonexclusive License Agreement and all the terms and conditions hereof shall extend to and be binding upon the parties hereto, their successors, and assigns. 3858009 Pages: 3 of 4 07A1@l2}12 19) 4E5 AMM R Fee•S0.00 Cleve C;crnu, C1 eI and IP.eCOrCer Weld bounty. CO If! 101111 ft J* Ilfl 3 EXECUTED IN DUPLICATE the day and year first above written, FIRST PARTY WELD COUNTY, COLORADO, by and through the BOAR OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO ATTEST: - ..'•. 1 ,• Clerk to the Board �. f taci4 S\!' � • .l'r •� r Deputy O&R ; * fy Sean P. Conway Chair JUL 12 f DIY Y. SECOND PARTY: NAME NAME By: SUBSCRIBED AND SWORN to before me this33 day of (`1 Qty , 20jj By VY'bjnrfljflI1 WITNESS my hand and official seal My commission expires: 1 - &• ZCES M:IAGREEMENTS\Non-exelusive\2U12\Superiur Oilfield Services.docx 3858039 Pages: 4 of 4 07/10/2012 j�45 An R Fee:$0-00 Steve Morenq. Clerk and Pecorder. weld CoUn$Y. CO BIi 111 11 Notary Public TARA BRISMY Notary Public State of Colorado My Commission Expires January 06, 2015 a YT + r • 'rn r1 YaY. 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';114 IIt'• n _ . - •1• S V r 1 x \y' JO 1 e-, Y ♦- N r a Y rxr F + I{ nr.T a r nri i • iI, '• . r4 1 a •j r [� y. l aaI {•♦1�I��d [T[T11I bl 1Y+�.I11e * ,1 , -; sr illFlrl+•C1IY� 9 u' i i f! ^ 1'i +'LJ n y€1'"/ 'r is " _ i L• 1 9 F , ' �, rr.. r M n ,.a .+ .t{w.y lr i ♦• .�� 1 _, h' �/'Pi r IM,~ 1 a � €� .• .'. �. 1 .Y ri r�rr 1 r fr�i l � )[V )�•.I•r .� �i/'n , 1 • r+a . v a "il SF _ -•M � w •.••P..rr _.... I [ .T � a .J •j •� T •- Y H 1 Y -i•li �• 1 I -^ IV. SI- 1 I 'y1 I. 'k:. "1 e 'f jA q /'Pi �e T." r'.< . KONIG LAND:& CM r LEI I, :,•-..••.-1.,• • GOL{}R�QC3.5TftTE Iris=- d..•. ' I ,^.I r ,�'i. r1 -_ • rt _' Iii, l� � 1 ��] ♦- " y V�`arl .�.1 +� ♦ i �'" I'd { fJl' 1 In_ rfif _•• . I•` •r +n SMITH '• T d��'LIJ �~�i rJ e'LL+ F �. I y'l5 ^I.., y •�-rPN YILI *a i ,J ♦_ _.a • •u .. V ' SM I H 11 }F i r l 11l+.Ya y�'. I "1 • i" r. I• i �.' v♦ r' v d:1]11F1�,111�J/LjjAAr r 1+ �• F\i L; I...J '�A11X t, �' sY... f'e� '-� , l 1 -1. ` r $ a�al d .{ (-. rr LOYID F1 F F �` SMITH GARY W -,'%4,.e. %' i , lie r • -µ , tr - ♦ Yti5 a b 4 MEADE —9 T IiFFFF2IN�r�5Ti�.Fw Q('.E 1 d SIE iMOT#1 £OW R{}_.�••0 ° - ' : �- SMITH GPRY:W y 3, FEUFFE INVESTMENT I. OPERT[ES I MEADER RANCH INC R RANCH INC `',, t'. NORTH STAR PIT 112 RECLAMATION PERMIT APPLICATION EXHIBIT N — SOURCE OF LEGAL RIGHT TO ENTER ACCESS AUTHORIZATION The owners of section Z3, Ti 2N, R63 `, 611, PM, KB? Inc_ hereby grant an access casetint to Suiierior f ilfield Services Co., LTD, PD flax 336356, (k'eeley, C0 3tl633, to build and use a roadway to be built within a 100 ft corridor bordered by the south section line &f section 23 and running for one mile west from Weld County 71. The read shall be built and maintained by Superior Oilfield Services, Co, it their expense, The access shall be granted for a period &120 years car until all milling and rec:]arnaticin is coinpitted wit thR Nrarth Star mine in Section 22. Signed and agreed this 111h day of April, 2612 by: Ko arf,4 Member ICEN'nc, Michael Miller Prey dent 57851 CR 81 Superior oilfield Services Cc:, LTD Grov r, CO 80729 IPA Box 336356 Croeluy+, CO 80633 Stats of Cciorado County ty^ of Weld 1'he forega -Lng instrijrnent wasacknowIecIgett before mne this 11th day ofApril. 2012 by 14 cbae1 Millcr and Joel Konig persr naliy known Lo notary. Tara Brizby Notary 14280 CR 72 • P.O. Box 33635a' Greeley, CO 6U633 ■ g7C]_454.3222 + Fak: 97].454.8723 www.superioroilfield.corn ! superioroiificld 'hotmaiI.Corn North Star Pit 112 Reclamation Permit 13 Page WIva Recorded send 10' tonerree LnerAy & Associales LLC 3 Well Dry Creek Circle Lrtveton, CO 00120 3814210 Al R Fea:;3t @0 98r�7ri rI tcl h A YT 1rif��t�r�lrb F r V � 14 21111 Slrve 11Wr4 t� �M�� et��r�Il PAID -UP Producers 88 OIL AND GAS LEASE Rocky Mountain 1989 (Paid Up Rev,1996a) THIS AGREEMENT, made and entered into this 1'" day of October, 201 and being effective July 24, 2013, by and between Joel W. 14on1p and Marcy J- Konig. husband and wife, whose address is, 37231 HirahwaT, Brig CO 00611, hereinafter called lessor (whether one or more), and EGG Resources, Inc. whose address is P.O, Box 4362. Houston. TX 772104362, hereinafter called lessee' WITNESSETH' 1. That lessor, for and in consideration of •"TEN AND MORE dollars ($10 00+) in hand paid, receipt of which is hereby acknowledged, and of the agreements of lessee hereinafter set forth, hereby grants, demises, leases and lets exclusively unto lessee the lands described below for the purpose of investigating, prospecting, exploring (by geophysical and other methods), drilling, operating for and producing oil or gas, or both (as defined below), together with the right to construct and maintain pipelines, telephone and electric lines, tanks, ponds, roadways, plants, equipment, and structures thereon to produce, save and take care of said oil and gas (which right shall include specifically a right-of-way and easement for ingress to and egress from said lands by lessee, or its assignees, agents or perrnrUees, necessary to or associated with the construction and maintenance of such pipelines, telephone and ezectric lines, tanks. ponds, roadways, plants, equipment, and structures on said lands to produce, save and take care of the oil and gas), and the exclusive right to inject air; gas, water, brine and other fluids from any source into the subsurface strata, and any and all other rights and privileges necessary, incident to; or convenient for the economical operation of said land, alone or conjointly with neighboring land, for the production, saving and taking mare of oil and gas and the infection of air, gas, water, brine, and other fluids into the subsurface strata, said lands bring situated in the County of Weld, Stale of Cc1.:49 described as follows, to -wit: Township 10 Nort.h. Ranee 62 West, 6th A.M. Section 3: Lot 3(41.48), Lot 4141.49`, S12NW14 Section 4: $12, S12NW14 Suu(ion 19; EJ23Ei4 Towrtshi®12 North. Range 63 West, 6th P.M,. Section 22; Lot 3 (36.32), Lot 4(36.45), S12NW14, 5/2 SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF and containing 1,113.74 acres, more or less In addition to the land described above, lessor hereby grants, leases and lets exclusively unto lessee, to the same extent as if specifically described, lands which are owned or claimed by lessor by one of the following reasons: (1) all lands and rights acquired or retained! by lessor by avutsion, accretion, reJlction or otherwise as the result of a change In the boundaries or centerline of any diver or stream traversing or adjoining the lands described above, (2) all riparian Lands and rights which are or may be incident, appurtenant, related or attributed to lessor In any lake, stream or river Traversing or adjoining the lands described above by virtue of lessor's ownership acme land described above: (3) all lands included In any road, easement or right-uf-way traversing or adjoining the lands described above which are or may be incident, appurtenant, related or attributed to lessor by virtue of lessors ownership of the land described above; and (4) all strips or tracts of land adjacent or contiguous to the lands described above owned or acquired by lessor through adverse possession or other sirnitar statutes of the state Jn which the lands are located The term oil as used in this lease shall be interpreted to include any liquid hydrocarbon substances which occur naturally in the earth, including drip gasoline or other natural condensate recovered from gas without resort to naarufactunng process. The term gas as used in this lease &hail be interpreted to include any subsianco, either combustible or noncombustible, which is produced In a natural state from the earth and which maintains a gaseous or rarified state at ordinary temperature and pressure conditions, including but not limited to helium, nitrogen, carbon dioxide, hydrogen sulphide, coal bed methane gas, casinghead gas and sulphur. Subject to the other provision$ herein contained, this lease shall romain in force for a term of five {6} years from July 24, 2013 (herein called primary terra") and as long thereafter as oil and gas, or either of them, is produced from the leasei premises or drilling operations are continuovscy prosecuted For purposes of this lease, a welt completed for the '1i334210 Pages- 2 of 5 �:7/ 2013 .1 1 , 17 ALA Rwe 44 i31, VD P!l Y I CO W4fl11i1 production of coalbed methane gas shall be deemed to be producing gas under this lease at all times when dewatering of the coal seams from which the coalbed methane gas will be produced is occurring. For purposes of this lease, "drilling operations" shall include operations for the drilling of a new well and operations for the reworking, deepening or plugging back of a well or hate or other nperations conducted in an effort to establish, resume or re-eslablish production of oil and gas; drilling operations shall be considered to be "continuously prosecuted" if not more than one hundred twenty (120) days shall elapse between the completion and abandonment of one well or hole and the commencement of drilling operations on another well or hole; drilling operations shall be deemed to be commenced for a new well at such time as lessee has begun the construction of the wellsite location or the road which provides access to the wellsite location; and drilling operations shall be deemed to be commenced with respect to reworking, deepening, plugging back or other operations conducted in an effort to resume or re-establish production of oil and gas at such lime as lessee has the requisite equipment for such operations at the wellsite. 2, The lessee shall deliver to the credit of the lessor as royalty, free of cost, into the tanks or in the pipe line on the leased premises to which lessee may connect its wells the equal fifteen percent (15%) part of all all produced and saved from the leased premises, or lessee may from time to time at its option purchase any royalty oil in its possession, paying the market price thereof prevailing for oil of like grade and gravity in the field where produced on the date of purchase. The lessee shall pay lessor, as royalty, on gas, including casinghead gas or other gaseous substances, produced from the leased premises and sold or used off the premises or used in the manufacture of gasoline or other products, the market value at the well of fifteen percent (16%) of the gas sold or used, provided that on gas sold the royalty shall be fifteen percent (16%) of the amount realized from such sale The amount realized from the sale of gas shall he the price established by the gas sales contract entered into in good faith by lessee and a gas purchaser for such term and under such conditions as are customary in the industry, Price shall mean the net amount received by lessee after giving effect to applicable regulatory orders and after application of any applicable price adjustments specified in such contract or regulatory orders. In the event lessee compresses, treats, purifies or dehydrates such gas (whether on or air the leased premises) or transports gas off the leased premises, lessee in computing royalty hereunder may deduct from such price a reasonable charge for each of such functions performed; including associated fuel 3. This is a paid -up lease and all cash consideration first recited above and annual rentals have been paid to lessor in advance to keep this lease in full force and effect throughout the primary term. In consideration of the payment of such cash consideration and advance annual rentals, lessor agrees that lessee shall not be obligated, except as otherwise provided herein, to commence or continue any operations during the primary term Lessee may at any lime or times surrender this lease as to all or any portion of the land described above, and as to any strata or stratum, by delivering to lessor or by filing of record a release or releases, and be relieved of aft obligations thereafter accruing to the acreage surrendered. 4 Any payments required to be made to lessors pursuant to this lease, other than the payment of royalties, may be paid by lessee to the lessor or to lessor's credit in the nay direr.( to lesor Bank, at the above address (or its successor or successors, or any bank with which it may be merged or consolidated, or which succeeds to its business assets or any part thereof, by purchase or otherwise) which shall continue as the depository regardless of changes in the ownership of said land or the oil and gas. All such payments may be made by cash, check or draft, mailed or delivered on or before the due date for that payment. Any payments so made shall be binding on the heirs, devisees, executors, administrators, and personal representatives of lessor and on lessor's successors in interest or on lessor's assigns. l •r -ILL--------------EEL-__ \ _ __ I • , L \- J f •L 5. II, ar View ri uiprimary rertn of r is leas&, od or gas is nps oeing pruuueed ream me (eases prarniSr¢s but lessee is then engaged in drilling operations, this lease shall continue in force so tong as drilling operations are continuously prosecuted; and if production of oil or gas results from any such drilling operations, this lease shall continue In force so long as all or gas shall be produced from the leased premises. If, after the expiration of the primary term of this lease, production on the leased premises should cease for any cause, this lease shall not terminate if lessee is then engaged in drilling operations, or within one hundred twenty (120) days after each such cessation of production commences or resumes drilling operations, and this lease shall remain in force so long as drilling operations are continuously prosecuted, and if production results therefrom, then as long thereafter as oil or gas is produced from the leased premises 6. If at any time, either before or after the expiration of the primary term of This lease, there is a well capable of producing oil or gas on lands covered by this lease, or or other lands with which lands covered by this lease are pooled or unitized, but the well, is shut-in, whether before or after production therefrom, and this lease is not being maintained otherwise as provided herein, this lease shall not terminate (unless released by lessee) and it shall nevertheless be considered That oil or gas is being produced from lands covered by this lease during all times while the well is so shut-in Lessee shall use reasonable diligence to market the oil or gas capable of being produced from such shut-in well, but shall be under no obligation to market the oil or gas under terms, conditions or circumstances which, In lessee's judgment exercised in good faith, are unsatisfactory. When the lease is continued in force in this manner, lessee shall pay or tender to the lessor or lessor's successors or assigns, an amount equal to $1,00 per year per net mineral acre covered by the lease. Such payments shall be made on or before the shut-in royalty payment date, as defined below, next occurring after the expiration of one hundred Twenty (120) days from the date the well was shut-in, unless prior to such date oil or gas from the well is sold or used or the lease is otherwise maintained as provided herein, In like manner, on or before each succeeding shut-in royalty payment date while such well remains shut-in, lessee shall make payment of shut-in royalty in the same amount and manner. The term "shut-in royalty payment date" shall mean the anniversary date of this lease. Any shut-in royalty payment may be made by cash, draft or check, mailed or tendered on or before the shut-in royalty date. Lessee's failure to pay or tender, or properly pay or tender, any such sum shall render lessee liable for the amount due but it shall not operate to terminate the lease 7. it lessor owns a lesser interest in the above described land than the entire and undivided fee simple estate therein, then the royalties, including shut-in royalty, herein provided shall be paid to lessor only In the proportion which 3J5421e Pages: 3 of 5 08(07/2813 11.17 An R Feu;$at e0 Slaw MoFen$, Ciurt ant %corder. Rvid Camty. CD ■Illmrf rphyVIOPAI IN Y,r1LI1IIII lessor's interest bears to the whole and undivided fee. Any interest in production from the lands described herein to which the interest of lessor may be subject shall be deducted from the royalty herein reserved. 8. Lessee shall have the right to use, free of cost, gas, oil and water produced an said land for its operation thereon, except water from wells and reservoirs of lessor. Lessee shell have the right at any time to remove all machinery and fixtures placed on said premises, including the right to draw and remove casing. 9. Lessee shall pay to lessor reasonable amounts for damages caused by its operations to growing crops on said land. When requested by lessor, lessee shall bury its pipelines which traverse cultivated lands below plow depth. No well shall be drilled nearer than two hundred (200) feet to a house or barn now on said premises, without written consent of lessor. Lessee shall have the right at any time (but not the obligation), to remove all improvements, machinery, and fixtures placed or erected by lessee on said premises, including the right to pull and remove casings 10. Lessee is hereby given the right and power at any time and from time to time as a recurring right, either before or after production, as to all or any part of the land described above and as to any one or more of the formations hereunder, to pool or unitize the leasehold estate and the mineral estate covered by this lease with other land, lease or leases In the immediate vicinity for the production of oil and gas, or separately for the production of either, when in lessee's judgment it IS necessary or advisable to do so, and irrespective of whether authority similar to this exists with respect to such other land, lease or leases. Likewise, units previously formed to include formations not producing oil or gas may be reformed to exclude such non -producing formations. The forming or reforming of any unit shall be accomplished by lessee executing and filing of record a declaration of such unitization or reformation, which declaration shalt describe the unit Any unit may include land upon which a well has heretotvre been completed or upon which drilling operations have been commenced Prnductian, drilling or reworking operations or a well shut-in for any reason anywhere on i unit which includes all or a part of this tease Shall be treated as if It were production, drilling or reworking operations or a well shut-in under this lease, in lieu of the royalties elsewhere herein specified, lessor shall receive on production from the will so pouted royalties only on the portion of such production allocated to this lease; such allocation shall be that proportion of the unit production that the total number of surface acres covered by this lease and included in the unit bears to the total number of surface acres in such unit. 11. Lessee shall have the right to unitize, pool, or combine all or any part of the land described above as to one or more of the formations thereunder with other lands in the same general area by entering into a cooperative or unit place of development or operation approved by any governmental authority and, from time to time, with like approval, to modify, change or terminate any such plan or agreement and, in such event, the terms, conditions, and provisions of this lease shall be deemed modified to conform to the terms, conditions, and provisions of such approved cooperative or unit plan of development or operation and particularly, all drilling and development requirements of this lease, express or implied, shall be satisfied by compliance with the drilling and development requirements of such plan or agreement, and this lease shall not terminate or expire during the life of such plan or agreement In the event that the land described above or any part thereof shall hereafter be operated under any such cooperatve or unit plan of development or operation whereby the production therefrom is allocated to different portions of the land covered by said plan, [hen the production allocated to any particular tract of fan d shall, for the purpose of computing the royalties to be paid hereunder to lessor, be regarded as having been produced from the particular tract of land to which it is allocated and not to any other tract of land; and the royalty payments to be made hereunder to lessor shall be based upon production only as so allocated. 12 II the estate of either party hereto is assigned or sublet, and the privilege of assigning or subletting in whole or in part is expressly allowed, the express and implied covenants hereof shall extend to the sublessees, successors and assigns of the parties, and in the event of an assignment or subletting by lessee, lessee shall be relieved and discharged as to the leasehold rights so assigned or sublet from any liability to lessor thereafter accruing upon any of the covenants or conditions of this lease, either express or implied No change in Ownership of the land, royalties, or other payments, however accomplished, shall operate to enlarge the obligations or diminish the rights of lessee or require separate measuring or installation of separate tanks by lessee. Nolwi!hstanding any actual or cor,strucflve Knowledge of or notice to lessee, no change in ownership of said land or of the right to receive royalties or other payments hereunder, or of any interest therein, whether by reason of death, conveyance or any other mailer, shall be binding on lessee (except at lessee's option in any particular case) until one hundred twenty (120) days after lessee has been furnished written notice thereof, and the supporting information hereinafter referred to, by the party claiming as a result of such change in ownership or interest. Such notice shall be supported by original and certified copies of all documents and other instruments or proceedings necessary in lessee's opinion to establish the ownership of the claiming party 13. in the interest of conservation, the protection of reservoir pressures and recovery of the greatasl ultirnare veld of oil ardlor gas, lessee shall have the right In combine the leased premises with other premises in the same genera! area for idle purpose of operating and maintaining repressuring and recycling facilities, and for such purpose may locale such facilities, including Input wells, upon leased premises, and no royalties shall be payable hereunder upon any gas used for repressuring and recycling operations benefiting the leased premises. 14. If lessor, during the primary term of this lease, receives a bona fide offer from a third party to purchase from lessor a lease covering any or all of the substances covered by this lease and covering all or a portion of the land described herein. with such lease to become effective upon expiration of this lease, wh+ch lessor is willing to accept from the offering party. lessor Hereby agrees to notify lessee to writing of said offer immediately, including in the notice the name and address of the offeror, the price ofteied and all other pertinent terms and conditions of the offer. Lessee, for a period of fifteen (15) days after the receipt of the notice, shall have the prior and preferred right and option to purchase the lease or part thereof or interest therein covered by the offer at the price and on the terms and conditions specified in the offer from a third party, All offers made up to and including the last day of the primary term of this lease shall be subject to the terms and conditions or this paragraph 14. Should lessee elect to purchase the lease pursuant to the terms hereof, it shall so notify lessor in writing by mail, telefax, or telegram prior to expiration of said fifteen (15) day period. Lessee shall promptly thereafter furnish to lessor the new lease for execution by lessor along with lessee's sight draft payable to lessor in payment of the specified amount as consideration for the new lease, such draft being subject to approval of title 3954210 Pages, 4 of 5 03/07/2013 11:17 An R Fiat:S31.@@ f.tw,ru t',rerm tier% aM R*cdrGbt'. Jd1.I C4nntty. CO ■OI11 II1 according to the terms thereof. Upon receipt thereof, lessor shall promptly execute said tease and return same along with the draft through lessor's bank of record for payment. 15, In the event lessor considers that lessee has not complied with all its obligations hereunder, either express or implied, lessor shall notify lessee in writing, setting out specifically In what respects lessee has breached this lease. Lessee shall then have sixty (60) days after receipt of said notice within which to meet or commence to meet all or any part of the breaches alleged by lessor The service of said notice shall be precedent to the bringing of any action by lessor on said lease for any cause, and no such action shall be brought until the lapse of sixty (60) days after service of such notice on lessee. Neither the service of said notice nor the doing of any acts by lessee aimed to meet all or any of the alleged breaches shall be deemed an admission or presumption that lessee has failed to perform all its obligations hereunder This lease shall never be forfeited or cancelled for failure to perform in whole or in part any of its implied covenants, conditions, or stipulations until a judicial determination is made that such failure exists and lessee fails within a reasonable time to satisfy any such covenants, conditions, or stipulations 16. All express and implied covenants of this lease shall be subject to all federal and state, county or municipal laws, executive orders, rules and regulatlans, and lessee's obligations and covenants hereunder, whether express or implied, shalt be suspended at the time or from time to time as compliance with such obligations and covenants is prevented or hindered by or is in conflict with federal, state, county, or municipal laws, rules, regulations or executive orders asserted as official by or under public authority claiming jurisdiction, or Act of God, adverse field, weather, or market conditions, Inability to obtain materials in the open market or transportation thereof, wars, strikes, lockouts, riots, or other conditions or circumstances not wholly controlled by lessee, and this lease shall not be terminated in whole or in part, nor lessee held liable in damages for failure to comply with any such obligations or covenants if compliance therewith is prevented or hindered by or is in conflict with any of the foregoing eventualities. The time during which lessee shall be prevented from conducting drilling or reworking operations during the primary term of this lease, under the contingencies above stated, shall be added to the primary term of the lease 17 Lessor hereby warrants and agrees to defend the title to the lends described above, and agrees that the lessee, at its option, shall have the right at any time to pay for lessor, any mortgage, taxes or other liens existing, levied or assessed on or against the above described lands in the event of default of payment by lessor and be subrogated to the rights of the holder thereof, and lessor hereby agrees that any such payments made by lessee for the lessor may be deducted from any amounts of money which may become due the lessor under the terms of this lease. 18. This lease and all its terms, conditions, and stipulations shall extend to and be binding on all successors in interest, in whole or In part, of said lessor or lessee. 19. With respect to and for the purpose of this lease, lessor, and each of them if there be more than one, hereby release and waive the right of homestead WHEREOF witness our hands as of the day and year first above written. STATE OF COUNTY OF INDIVIDUAL ACKNOWLEDGMENT On this day of , 2012, before me, the undersigned authority, personally appeared Joel W, KoWu and Marcy J. Konir, husband and wife, known to me or proved to me by satisfactory evidence to be the person(s) whose name(s) (Islare) subscribed to the foregoing Instrument, and acknowledged to me he/she/they executed the same for the, purposes therein stated- • , - 5 • • tAltrx Mplar,ai sc:lPStw 1p Above) r . y Notary Signature Primed Name of Notary: /" 1�ei rSc7�•'f Notary Public for the State of le r r a Residing at: ,Li 2 ! /1w !•,skier. 4 JV My Commission Expires] .2 ?/r/Sii EXHIBIT "A" Attached to and made a part of that certain Oil and Gas Lease dated October 1, 2012 but being effective .July 24, 2013 by and between Joel W, Konig and Marcy J, Konig, husband and wife, as Lessor, and EOG Resources, Inc.. as Lessee, covering the following described lands in Weld County, Colorado. Tawrship 10 North f ah a 52 Wesl th P.M. Section 3: Lot 3(41,48), Lot 4 (41.48), SI2NW14 Section 4: S12, S12NW14 Section 19: E12SE14 Township 12 NortIL! anfie rr3 West1h P_M. Section 22: Lot 3 (36.32), Lot 4(36.45), S12NW14, S12 3$54210 Pagan: 5 of 5 ¢d/4712013 I1'I7 Al A r=ee$a1.40 Fnr.rO Clerk Ara Wgeprder W.Sd Ceixite. CO DPI ■111K' is;R f1tS'fltPThWIii ii iii containing 1.115.74 acres, more or less in Weld county, Colorado. NOTWITHSTANDING ANYTHING CONTAINED WITHIN THIS LEASE TO THE CONTRARY, THE FOLLOWING PROVISIONS APPLY: Lessor and Lessee acknowledge that the lands described in this Lease are presently subject to an Oil and Gas Lease dated July 24, 2000, recorded as Document Nuuubei 3589272 of the record5 or Wefd County, C redo, from (James M. Konig and Janet F Konig, Individually and as husband and wife, as Lessor. to Exterra Resources, Lit, as Lessee (the "Existing Lease"), Lessor warrants, covenants and agrees not to extend, renew, amend, or modify the Existing Lease. 1 This lease is presently subject to the existing lease, and shall become effective only at such time and only as to such portion of the above described lands which cease to be subject to the existing lease, If the existing lease terminates at the end of its primary term as to all of the above described lards, then Lessee shall have thirty (30) days from the expiration of said primary term to tender payment to Lessor for any bonus due as consideration for [his lease. If, however, the existing lease is extended beyond its primary term under continuous operations or any other provisions of said existing lease, then the provisions of paragraph 2 shall apply. 2) Upon termination of the existing lease as to any portion of the above -described lands, which may occur from time to time under the provisions of said existing lease, this lease shall become effective as to such portion and Lessee shall have 30 days to tender payment to Lessor for any bonus due for this lease as to said portion One (1) year from the expiration of the primary term of the existing lease, the rights under this lease shall terminate as to any and all of the above -described lands not theretofore made subject to this lease under the provisions of this paragraph or of paragraph 1 above, 3) Notwithstanding the provisions of this lease to the contrary, this lease shall terminate at the end of the primary term as to all land except those within a production or a spacing unit prescribed by law or administrative authority on which is located a well producing or capable of producing oil and/or gas, or on which Lessee is engaged in drilling or reworking operations, This lease shall not termirate so long as drilling or reworking operalons are being continuously prosecuted if not mare than 180 days shall elapse between the complstion or et7andonmenl of one well and the beginning of operations for the drilling of anourier werl Signed for identification this P day of 2012 Joel W Ko ask roy nig VICINITY MAP (ear TO SCALE) UNE TABLE IJNE, BEARING LENGTH i1 Se6574O W 1144-0& L2 SMI'47'j6'W 1219.76' 1.3 N81151115E 1%0.71 14 N66'Se16'E 49A70' 16 S37'O6'IO'E 1296.30' 1.6 SS857'4f"W 501.60' 17 SSS67'J9"W 1107.48' PROPERTY DESCRIPTION LEGEND PERMIT/ AFFLCr_D LAND BOUNDARY -- ---- — — EDGE OF CRAVEI, ROAD/ ACCESS ---- RIGHT OF WAY �X—%— FENCE LINE -------4976-- ONE FOOT CONTOUR --- - ---463s--- 5 FOOT CONTOUR . .. --- SECTION LINE W WOOD POST A parcel of land located in the Southwest Ouorter (SW /4) of Section Twenty-twn (22), Township Twelve North ("f- 12N-). RangeSty-three West (R,63W.), Sixth Principal Meridian (Stn P.M.), County of Weld, State of Colorado, more particularly described as follows: COMMENCING at the Southwest corner of Section 22 and assuming the South line at said Section 22 as bearing North 88-57°40-" East, being a grid bearing of the Colorado State Plane Coordinate System. North Zone, North American Datum 1983/2007, with all bearings contained nerein relative tneret3. THENCE North 68-:57'40' East (LI) along the South Nne of said SWI/4 a distance of 1144.94 feet to the POINT OF BEGINNING; THENCE Following the line table L2 -L6 THENCE South 8&'5740" West (L7) along said South line a distance of 1197.48 feet to the POINT OF BEGINNING, Said described parcel of lard contains 1,707584.4685 sq. it.. or 39.201 acres, more or less and is subject to any existing easements and rights of way of record or as now existing on sold described parcel of land. FR. 1wMI,.NINGAND MINING FLAN 4P NORTH" SAAR PITAM-NDME'NT SUPERIOR O1LFIL';I.D SFRVICP:S CO LTD L + U4 r + r ! , ` `a_—_ — _'♦`,, r / j; ♦ 1. ___ r _ 1 . , 1 ,l 14 11 T1:\ 100 510 0 100 200 300 SCALE IN FEET SCALE: I'=1DO" -M1` .s ` ..r `I 1 Ilq _r _ 1 Y -� `a: •`, ', 1 '• ^' ,. `a, `, ' 5 'r 1,11 \ r " ` `, t -- _ •,I \ 1 . 1 • `5 `! %• `•, '-� Y0.141 M1CRE NECLNMEO AREA. I _ �'e v ,` , L 1 „ 1 \ , , ..i -.. , 1 , `I -, r FUEL T N' ' ' I \ i I' Y - ♦ 1 I I+ 5 ` ♦L , r 11 1 I ' a , , L J 1 1 1 r r 1 5 4 , . ` , 1 • r 1 F.wSAtel SYP74'/TlI w !• 1, , 5 a v a a L 1 1 1 I r v l 5 ' 5• t, ! �\ 'I I Y v.v.l s SSKY ' I r ! 7`, 4 \ I/ .' 5 "a 1avww ' ,/ ,l r♦ i' '\ \\a\!, '- I + 1 I�' r 1111,111 1111, - v , ♦ \ 5 4 1 J i 1 a`` a l l l r f 11111111^d1i111' I /♦ ♦ ,\`\, 1 1, `, •\ ' , v- I 1 11114 f 1 r' 1 a 1 `, , a a_ I I1, 4 r / 1', II'll'IL'lllllllll^41 `,\ ILL LLIII-- /r !/s ,�• !' \\L, AIr11 1 u v -a Y Lp'I I i r 11 i1�111P DA1sfl.c S '5 a- , 41 4 I 11'1 'lt ��_- `,, APPLICANT: SJPERIOR OILFIELD SI: 'VICES CO LTD 2916 WEST 29TH ST SIE #12 GREE_EY, CO 89631 LANDOWNER. KUNIG AC CO. 37231 HIGHWAY 14 BRIGCSOALE, CO 80611 VERTICAL DATUM: NAV488 BASED UPON OPUS sowTIDN_ HORIZON [AL DA IUM: COLORADO STATE PLANE COOROINATES NAD 83(2007) DATUM. HORIZONTAL CONTROL BASLL) UPON OP415 SOLUTION. NOTES. L THIS DRAWING IS AI MUDIEI€D STATE PLANE. TO REDUCE 10 SiAIE PLANE COORDINATES, SCALt Al 0.99978085 (1.000219198) ABOUT THE ORIGIN O;G. 2. ALL PROPERTY PINS, INTERSECTION MONUMENTS- AND SECIIUN CORNERS DISTURBED UUiING CONSTRUCTION MOST BE REFERENCED AND REPLACED UNGER THE SUPERVISION Of A LICENSED SURVEYOR. 3. THIS AUTOCAO uRAWING CONTAINS INFORMATION THAT 15 NUI VISIBLE ON THE PLOIIEO COPY. TO OBTAIN ALL THE INFORMAIIOr4 THAT IS AVAILABLE IN IH15 URAWINC, ALL THE AUIOCAD LAYERS MUST BE TURNED ON. AND FHAWLD 4. THE SIZE, TYPE ANJ LOCATION OF ALL KNOWN UNDERGROUND UTILITIES ARE. APPROXIMA;L WHLN SHOWN ON THESE DRAWINGS. II SHALL BE THE R?SPONSIBIUTY DF THE CONTRACTOR TO VERIFY HL EXISTENCE OF ALL UNDERGROUND UTILITIES IN THE AREA OF IHE WORK BEFORE COMMENCING NEW CONSTRUCTION. THE CONTRACTOR SMALL BE NE51'ONSIUL_ FOR LUCAIING ALL UNDERGROUND UTILITIES AND SHALL BE RESPONSIBLE FOR ALL UNKNOWN UNDERGROUND UTILITIES. 5. ALL PROJECT CQNIRUL LISTED HEREON I5 PROVIDED AS A COURTESY IT 15 THE RESPI),ISIBILITY OF THE RECIPIENT TO VERIFY HE ACCURACY OF THE COORDINATES AND ELEVATIONS SHOWN ✓RIQR IQ USING THEM. FOR ANY PURPOSES. 6. ANY LOT LINES, RIGHT OF WAYS OR EASEMENTS SHOWN ARE APPROXIMATE AND ARE NOI i0 BE RELIED UPON FOR FUTURE IMPROVEMENTS, 1. [HERE ARE NO CREEKS OF MAN-MADE STRUCTURES WITHIN 200 FEET OF THE FERMI! BCUNUARY IT EXISTING VEGETATION: CROPLAND CERTIFICATION: THIS MAP WAS PREPARED BY KING SURVEYORS IN CONJUNCTION PATH SUPERIOR OIL FIELD SttVICES CO (SOFSC) IHE t%p11 CONFIGUKAIION OF THE MINING PONDS AND STOCKPILES MAY CHANGE TO RESPOND TO FIELD CONOIITONS. SDISC WILL KEEP IHE DRMS INFORMED 0* ANY i7-IANGES THRUUC?1 ANNUAL REPORTS AS NECLSSARY THROUGHOUI IHE LIFE or THE MINE IRSLEW laJIRv i4•:III nclwla& , SCALES __ - - - r U2/01/2021 ILL BANE 20!419D cAl. F - 1o0' PA'. kIt' SJK H`r-KLLI H' JM It rI r x - LF r - r v T- H F n_ T flc V L tr. CL cc z J J Co U 4n 0 U Z 5 W 0S7 -I W <i Z O aL W cl ► 2014190 POINT OF BEc4NW4G /_Si 17 4 — _— 16 it GATE NOES: 'C TIONPLAN D &z 01140 Neff t. THE RECLAMATION PLAN 15 TO RETURN THE SITE TO CROPLAND. St. c. Ar0j91HS"AR PI "ffATDMEjV " 2. UPUN CDMPLE710h OF MMINC, THE SLOPES WILL BE SHAPED TO A MAXIMUM 4; 1 SLOvt. oRAVAI aY: 3. A MINIMUM OF AX INCHES OF TOPSOIL WU. BE SPREAD OVER DISTURBED AREAS PR'OR TO RESEEDING. SUPERIOR OILFIELD xED Bt. SER'V'ICES CO LTD Ad LEGEND PERMIT/ AFFECTED LAND BOUNDARY RKJHT OF WAY --IS--if- EX1S11NG FENCE LIME ------ SECTION LINE I `\` jam.. ______._________...__-_-----._-_-_•____________`y.y _ ,v♦ - x rte � gip 4 Cd V, yv `♦_ _ _ _ _ !-- /' _ •lei `..♦ `\ �,\\ \ y\ 1 I l I\ M1 \ 1 ♦ Y 3-JJO ACRE RECLAIMED AREA Y M1 v 4 ,, v ♦, \ I , •v 'mow .1 , \ , 100 50 0 100 200 300 SCALE IN FEET APPLICANT LD SUPERIOR OILFIESETD RVICES CO L 2986 WEST 29TH ST. STE. (12 GREELEY, CG 80531 AN LDOWNER! KONfG AG CO. 37231 HIGHWAY 14 5RIGGSOAL£, CO 50811 CERTFICATICN: THIS MAP WAS PREPARED BY KING SURVEYORS IN CIX9.AJNCPON YW1H SUPERIOR OIL LD FESERVICES CO (SOFSC). THE EXACT CONFIGURATION OF THE RECLAMATION MAY CHANGE TO RE3PBND TO FIELD CONDITIONS. SOFSL WU KEEP THE DRMS WFORA*ED OF ANY CHANGES 1HR JGH ANNUAL REPORTS AS NECESSARY THROUGHOUT lilt LIFE OF E MME. I. , z_- , ♦..`♦ 1,Lit I r --^ •--_ .. _. _ .. -[>_ - - __ .. - - S I - �.� --. Y_• : •.:p3� _ YaA��YYf }_A max- - -i - _ __ 4 - - - �� r.. - - - - 1 ! I / _ _ _ _ TLS S LI ONTE l WCR /JW _ _ FEYFkd313 < " 3 Q RANCH INC S C-) W fY cT 2014148 COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources 1313 Sherman St. Room 215 Denver, CO 80203 May 17, 2021 Mr. Rick Miller Superior Oilfield Services Co., LTD 2986W. 29th St., #12-13 Greeley, CO 80631 Re: North Star Pit, Permit M2012-004, Amendment Approval, Revision AM02 Mr. Miller. On May 17, 2021 the Division of Reclamation, Mining and Safety approved the Amendment application submitted to the Division on February 5, 2021, addressing the following: Amendment to add 12.2 acres to the exisf'ngpermitted area The terms of the Amendment AM02 approved by the Division are hereby incorporated into Permit M2012-004. All other conditions and requirements of Permit M2012-004 remain in full force and effect. If the revised bond amount exceeds the performance bond currently held (see below), please submit additional bond. The revision will not be final until the bond increase is approved by the Division. Bond Held: Change in Bond: If you have any questions, please contact me. Sincerely, Erie C. Scott Environmental Protection Specialist $122,250.00 55,105.00 $130,355.00 1313 Sherman St. Room 215 Denver, 00 80203 P (303) 866-3567 F (303) 832.8106 https:l/drms.cotorado.gov Jared Polls, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director VIClNflY MAP a.l lD salLp FRE-.1 LVINCAND MINING FLANM4F NOR TM STAR PITAt I NDMENT LEI;ND PETMIT/ ATEE.15D LAND B4VNOAm — _ — — f`+'GC Or GSWtD. '4'D/ Fgt'6 —••� RI HT OF WAY (— FETE'E DK . -....T?a . ONE PIVO, TDNP •_•--�+aY• E Fam Otl1dJR S*FT1. A E I JJri JI:i4 I]ior:TI:1PPi pored of IDnd lowtob In the Soulhwaet Oaortr (Soul/1) oT SPDfTm T.P,trs.E (= t=a..14 40Th Nana) CITIMIt TmMll SALF-ITPw woof (RB5w), Seth E+Incipal IWI (B@ PJL . Cu my at W. S1atF l tared nwt i CF e"emort Ma as Mon COMMENCING at the Southrot Tgmr of Section 22 and on.aT'Dt9the Sloth a!4 aI law $ai'•IOI 2.7 a IHNaVap as l et iw- irit S(4 pia b4eyL4. m• tnll ed nowd SLOW fl* cfTm t Ca a S ii Mfl fn. wmv. Am&k n !]etlf TWWrADT. ••Its a 4e(tR.a. CORIN r4 Pytp,n THENCE North 8657'4• East (L1) nlong the SNuUII One W a old SM/4 o dlcllcra of 1144194 flat to the PONT eF BEGM1INq THENCE FalloFhlq 4la Ina bible I_2 —I.$ THENCE South BB57'IC Waal (L7) olonq sole Saulh 1'pa a dictanaa M 11P74e fnat t0 Lila POINT OF BEGINNING S* IRPYbfD PWIZR at Ioa4 lwlld$t 1."r07S1R4.4aBO aq, IL r 542o1 WCra more as lnj aea 4 rn It any r91WTk1q tan rrl.E IRIB TlgNm aI way RI Tarn ty Pa now a Ivksgq aP law aslerAlaa ➢rcS aT 'me. SUPERIOR OILFIELD SERVICES CO LTD . .. • fe.Mt . a � n III .1, II '. AGM ILtii 'A u _ vfO 200 SCALE N FRET SCALE 1'-1L I I • v� NY. AEI JTTEac 313RANCU INC. AFLCAJr- 5Q El11U'1 OREICLD SERVICES CO L1t 29X TEST 29tH ST. Sit. 42 CAEOEY, DO bm3l cmic AOO: D]731 HIGHWAY li BTG50AlE Co S0a11 V619.TA1 OAT1JM: NA'ABa SASYD ward CPOS SaJsTO" HCWZONTAL DATUM: GOLEATDO STATE PLWE cC NA1ES NAD ATSmrn) OATS HI3SJ 141 COMROI 9A3T uPw w119 541ATON. I 1 T145 HIS LNA 19 AT MD TH STATE PLANE. TO REOJOE TO 5811E FUME COOROh4ANATES, 5CALE AT 61®INOSS (19aQIMe61 A& ITT E 2 All FHOPEHTY PIN, N'IF)�cm1C11 MIXINRCT5 ANT Scar N CThMS 0S 41m DUNC TSNSTRIIDTIMI 11DST DE FGERdCE9 nc HFRAfla MHOFA THE 9WfRt N OF A IICEIGTO 21 EVDL 1 TIME AUTOGAD DPAINNG CONTAINS INFORMATIBI THAT 15 NOT .SBLE ON T1E SLOT ED COY. Td OBTAIN ALL TIE 1HPORHATDR TNT I! AVAL E IN MIS DPANPNFi ALL IHE AAATOCM LAIIERS MUST SE TA4m ON AND TIA.TBI 4. THE —. T1PE NA LaknoN Cr ALL N a TIESELWOOI]RpIN] VIhI1R3 AHE APPfdX/JIATE WNEN EIOEM OY pTA%JG5 IT HILL OE THE IESPCi'nJTY OT TIE C I1TRMlTA N VEPE't 1HE OWTTIIOF ALL CWIG NITMEWIf KJ D VTtlIC N TTitANEA OF TIE WDNE DVOIiC NENOHO CCNSIRJc11 . TIE WELTIEEIOH sIML EE cel RE®n..E FOR LOCATN ILL LiN1EEHCRCUMD LTRJ11E5 AND 9MLL oc,.�lmlc FQI ALL DHNCWI UNDPHI[Pw.c UTVJ . S. 4L FgOECT COIRIIGL LOTISI IEREEI IS PQ W9ED A5 A COURTESY R IS TTE RC ILTY CF TIE AOPIEW 10 fl FT 11E Ac JRAcr OF THE COOMTRSRDHATE5 fl n EtLWT 3 91OTM FRIOR TO uaW] TMEM FIAt Mn Pl1RPfl 5. a, MY LOT LIFS. Il IT OF WAYS OR EAYTETAS SMDMl ARE AIwIWML1ATt AIL ASO NOT TO PE REIAT l toru Fm FuMEE IHFROVF]IENTS ] TffNE A E NN I}EFIC3 OF MAN -MME 61RJ4WRE5 R TXW 2 FFFF LF 1HE PEIiaT Wtl my. ! a] u l_I TLLT•.TJET.`? Ti5 NAP WAS PREPARED 3T MHO 9PNEYGR N CCNiMCIflI Will SUPERIOR DIL FlELE 9IRNCE5 CO 19DF5[} TIE ENACT fdNFN.LRAItON OF THE WHO AYOi AID STlhif%LES NAT CHANCE YD REm1D TD FlBD CONOITON2 SOTSC WAI. NFEP TIE rr9 PE4TEa4 OF ANY fYAAll:E5 TNPpJW AMIUAL RE= R1 AS IECES$49t 1!I ODOHafT lit LFE OF INC INE PREWAR LT Y SLPTNIXt OIL f1E,0 SERNCE5 CO LTD 1114._ � ATW 901490 r =R in in -ON — W m (If) N m O ND V b �OF�•. >4 ei ti V H (hpm Ii O h I ^ffTIcs I NOTE RECLAMATIONPLAN EC Y.TKN P AXfl 70 TURN a E ro //�/JTyT }}�/�Y /�'T f]�/� /��/(�#�yTJy{ /T 2 uPOY C01Pw SP of HEWING. TXE SLOPES IK EE 9N4m m A OE .f i ST Ji L FJ A -END 1�.;„/y' ' r NLILLW 41 SCPE L S A SSSIUY of fl INCHES OF FfPML WLL BE 9PXr•n aylni LSTIFBEII MYnF Nxa1 � REs®IN4 SUPERIOR OILFIELD SERVICES CO LTD iv 20c I ST 2SW ST. STE. /1Z FIiY, : xoui r .• . 1T n J} l� n �lr y r. NWIG HI LQ ll ♦ .` �p"` ' ra� l Y- 3J3d1 XIGIWAY IL - ^_ / �} j�{ f ,f f S �� xxl[G`API£. LO EOE9l .. _ ''r •r - .a.; #f��/Ilr • r.................. u..._ .. _ " �['p�♦�� -..•.. •.._... a. • .� A r r. VrJxpWSW '`. Iir� �' iN5 xLP wns PRETnXW BY KIMG NRlETLRF Ix CM�uxcYlY MX l�,f� LL"(K+T Si 'ASi EfxM3i5�' TT EffirCC '.�W$ii+T46 . '. YY -. � . 9 HC K�1tiy.YgYt Y.x MY!,]E '0 �"l�y TY 1�.'J LTW14fIi �I ..". •Y 'rY ♦ ti' ly" IN L{. �{i IlLF R'fi 1�91i KNOI�1� 1'l JN"/ GWY3� a�)s�.b+ •', • `Y's`4 +P4F'S NS./!rr 7Mp,9NT 1K 'J4 O 11� YTS. i -♦ Ya �..1. r ♦ Jy • LEGEND •. •'ti• it I. \ w PEi1WTi NFFEG3FD IIIYO 901RN1kY `,.r 'e. ,• '^ , + .a...� RFM OF IMY .' , . ''. °°.v ` .°,°°♦ ',r • 4•l Y' ., HI`l(— EYJSVWI FFM� ILE - r •,. °., •. ., •Y• ••. • Yi/ r i l --,z •.� } �fTY� i alal \y. ` '•r • �F"+� � I J i {♦� � � J� P . }J � J ..f•. 'r.r POI rd ••rr (.I.. .J i ♦ J �If1/n /F%f�JYn\ t f IY _,nr fY -J% _ { 5 . o r you s.i • ( . �.. �. ... _ v r . _ —.. - 5r -• — , �.._- •+ r•• J s r i} y' . .. rY-et+44JvStf''� PaNY vaoa[tEo Y AIPI7NM bL .P SE'R1.tS w Lin =1•1M SR 0 0 rb � 0 4 En ecc asb O 4 N U v W �3^ Ln C V i .C rn b zQb m i 6 IyI V rp5 G L 1�1 i-4�J�V O O d b 1• k a Nji1 DEPARTMENT OF NATURAL RESOURCES COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY 1313 Sherman Street, Room 215 Denver, Co., 80203 4/7/2021 RE: Responses to Preliminary Review for the 112 Construction Materials Reclamation Permit Amendment Application Package AM02, North Star Pit, Permit M201z-004 Mr. Eric Scott; Enclosed are Superior Oilfield Services reponses to the following; 09202 Exhibit C D VISION OF RECW' Exhibit E IJJININGANDSAFE Exhibit L Exhibit M Exhibit N Also enclosed is the Publishers Affidavit for the Public Notice and the Proof of Filing with the WCCR of the changes to the Application. Please let us know if there are any questions. Jim McFarland Superior Oilfield Services Co., LTD PUBLIC NOTICE Superior Oilfield Services Co-. LTD; 2986W 29th Street #12, Greele , Co.,B0531, (970) 352-4444, has tiled an application for an amendment to their Regular (112) Construction Materials Oper- ation Reclamation Permit with the Colorado Mined Land Recla- mation Board under provisions of the Colorado tend Reclama- tion Act for the Extraction of Construction Materials. The pro- posed mine is known as the North Star Pit, and is located at or near Section 22, Township 12 North. Range 63 West, 6th Prime Meridian. The proposed date of commencement is May 19, 2021, and the proposed date of completion is June I, 2D26. The proposed future use of the land is to return it back to cropland. Additional information and tentative decision date may be obtained from the Division of Reclamation. Mining, and Safety, 1313 Sherman Street, Room 215, Denver, Colorado, $0203 (303) 866-3567, or at the Weld County Clerk and Recorder's office; 1250 H Street, Greeley, Colorado, B0631, or the above -named applicant. Comments must be in writing and must be received by the Division Of Reclamation. Mining, and Safety by 4:96 pant, an April 5, 2021, Please note that under the provision of C.RS. 34-32.5.101 et seq. Comments related to noise, truck trafc, hours of Opera- tion, vlsualimpacts, effects on property values and other social or economic concerns are issues riot subject to this Office's ju- risdiction. These subjects, and similar ones am typically ad' dressed by your iocalgovernments, rather than the &visiorn of Reclamation, Mining, and Solely or the Mined Land Reclamation Seerd, Published: Greeley Tribune February 24, March 3, 10. 17, 2D21- 1778724 Prairie Mountain Media, LLC PUBLISHER'S AFFIDAVIT County of Weld State of Colorado The undersigned, Melteee Nalera , being first duty sworn under oath, states and affirms as follows: Helshe is the legal Advertising Reviewer of Prairie Mountain Media LLC, publisher of the Greeley Tribune. 2- The Greeley Tribune Is a newspaper of general circulation that has been published continuously and without interruption for at least fifty-two weeks in Weld County and meets the legal requisites for a legal newspaper under Colo. Rev, Stat. 24-70-103. 3. The notice that Is attached hereto Is a true copy, published in the Greelay Tribune In Weld County on the following date(s): Feb 24 and Mar -3, 10, 172921 Subscribed and sworn to me before Me this li-U day of d 'r Notary Public SHACLA NAJERA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174031955 (SEAL) _MT COMSIOSICC EXPIRES JULY 31, 2021 Account: 1097307 Ad Number: 1778724 Fee: $238.40 Exhibit C Pre -Mining and Mining Plan Map(s) of Affected Lands See Attached - Two Maps Exhibit C Exhibit C (a) 0 Exhibit. E - Reclamation Plan The primary objective of the reclamation for this site is to return the reclaimed areas back into cropland to be dry land farmed as before. Reclamation will be completed on an on going bases in order to return the areas back over to the farmer as soon as feasibly possible. This will be accomplished by grading and sloping the mined areas with overburden stripped and placed during the mining process connecting the existing grade on the perimeter of the site to the mined areas to provide a grade suitable for farming as per agreement with Konig Ag Co. The west edge of the site will be daylighted through and connected to the existing grades. The other three sides will be sloped to a minimum 4:1. slope during the mining process and graded to match the floor of the site so as to be leveled and graded to drain to the west as per agreement with Konig Ag Co. Topsoil will then be placed on the reclaimed grades at a depth of 6" to then allow the areas to be returned for farming. There will be no seeding required as the farmer plans to immediately return the areas back to crops thereby doing the planting. The proposed crop land is compatible with the surrounding uses and is currently what the land is being used for. The operator will comply with applicable Colorado water laws governing injury to existing water rights and with applicable state and federal water quality and and dredge and fill laws and regulations. This operation will not impact any groundwater. The mining and reclamation plans have been designed to account for the safety and protection of wildlife at the mine site. Topsoil shall be removed and segregated from other soils. Topsoil piles will be stored in places and configurations to minimize erosion and located in areas where disturbance by ongoing operations will be minimized. Once stockpiled, topsoil shall be handled as little as possible. Stockpiles that remain in place for more than one growing season will be seeded to minimize erosion. The land will be revegetated back to crop land, either dry land corn or wheat. No buildings will be impacted by this proposal. The operator will post appropiate signage at the entrance to the mine site. The permit area will be marked. 7 Topsoil will be removed and segregated from other soil. Please refer to the mining plan map, Exhibit C for general locations of stockpiles. For reclamation topsoil will be placed and graded by a scraper and blade. Grading shall be done in a manner that controls erosion and siltation of the affected land to protect areas outside the affected land from slides and other damage. In addition, backfilling and grading shall be completed as soon as feasible during and after the mining process. Final grading will create a final topography that is appropiate for the final land use which will be cropland. Topsoil will be uniformly placed and spread on areas disturbed by the mining. The minimum thickness shall be 6" above the surrounding finished grade. Reclamation of the site will be completed within two years after mining is complete or sooner if possible. The life of the mine is anticipated to be five years. Also the site can be extended to include approx. another 400 acres if market conditions allow. The operator will monitor and control noxious weeds mechanically, by mowing and/or disking. If necessary, weeds will be treated with a contact herbicide by a person who is certified to purchase and handle the herbicides. ri Exhibit L Reclamation Costs Reclamation will be completed when feasible during the mining of the site if it can be done without interuption to the mining activities. As decribed the site will be returned to cropland as was it's previous use. Any reclamation not completed during the mining will be done at the completion of the mining activities. The rough grading and sloping will be accomplished during the mining activities leaving the final grading and topsoil placement as the last item to address. Topsoil will be placed at the designed depth of 6" by scraper and finished graded by a blade to achieve the final product. Area will then be seeded with corn or wheat as directed by the farmer. Volumes / Areas 39.36 acres to be reclaimed 32,400 cubic yards of topsoil to be placed at a depth of 6" over the 39.36 acres. Unit Costs topsoil placement with scraper blade per hour mob/demob from Greeley planting / either corn or wheat Direct Costs 32,400 cu yds topsoil placement @ $1.50 / cu yd 60 hours blade time @ $150.00 / hr 8 round trips @ $500.00 / trip planting 39.36 acres @ $275.00 per acre Total Direct Costs Indirect Costs Insurance/Bond/Superintendant/Profit @ 18% Legal/ Engineering/Project Management @ 14% Contingency Total Indirect Costs $1.50 per cu yd $150.00 per hour $500,00 per round trip $275.00 per acre $48,600 $9,000 $4,000 10,824 $72,424 $13,036 $10,139 $0 $23,176 Removal of on Site Equipment All equipment used will be mobile / crushers, screens, loaders, etc. 10 trips at $500.00 per trip Scale Removal No roads will need to be reclaimed Total Removal Costs TOTAL BOND AMOUNT ( Direct + Indirect + Removal) $5,000.00 $4,500,00 $0.00 $9,500.00 $105,100 Exhibit M - Other Permits and Licences The operator has the following permits; APEN'S for crusher, screen, gen set and overall site Stormwater management plan Weld County USR Exhibit N - Source of Legal Right to Enter A more legible copy of the lease is attached The lease extension is in progress at the present time The renewal date of the lease is October 5, 2021 f GRAVEL MINING LEASE AGREEMENT This LEASE AGREEMENT ("Lease") effective as of the 5th day of October, 2011 (the "Effective Date"), is between Konig Ag Co. , a Colorado corporation, whose principal address is 37231 Highway 14, Briggsdale, Colorado 80611 ("Lessor") and Superior Oilfield Services Company, Ltd., a Colorado limited liability company, whose principal address is P.O. Box 336356, Greeley, Colorado 80633 ("Lessee"). Lessor and Lessee may be referred to individually as a "Party" and collectively as the "Parties." RECITALS A. Lessor is the owner of a tract of land located in Weld County, Colorado, more particularly described in Attachment A attached hereto and incorporated herein by reference (the „Property"). B. The Property contains underground deposits of sand and gravel. C. Lessee desires to lease and accept from Lessor and Lessor desires to lease and grant to Lessee a lease on the Property for the purpose and term hereinafter provided. AGREEMENT In consideration of the foregoing and the mutual covenants contained in and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: ARTICLE I DEFINITIONS Section 1.1 Definitions. As used in this Lease, the following terms shall have the meanings set forth below: Commencement Date shall mean the date that the Contingencies (as defined in Paragraph 7.3 below) are satisfied or waived by Lessor and Lessee. Effective Date shall mean the date on which this Lease is executed by both Lessor and Lessee. Lease Year shall mean a period of twelve months beginning on the Commencement Date or on any anniversary thereof during the Lease Term; provided however, that if the Commencement Date does not occur on the first day of a calendar month then the first Lease Year shall include the remainder of the month in which. the Commencement Date occurs and shall end on the anniversary of the first day of the next calendar month. Materials shall mean stone, sand and gravel and any valuable solid minerals that are removed incident to sand and gravel operations hereunder and which are saleable and recoverable from the Property in the course of such operations. Product Ton shall mean 2,000 pounds of Materials from the Property used in products that are measured (or weighted) after making allowance for tailings and wash fines as. provided for in- Paragraph 9.B (below), subject to the terms of Paragraph 6 below. Lease Term shall have the meaning given in Paragraph 3 below. ii ARTICLE II GRANT Section 2.1 From and after the Effective Date and subject to Lease (and any easements, encumbrances and right-of-way of record Property), Lessor hereby grants, leases and demises exclusively to Lessee quarrying, excavating, mining, producing, transporting, processing, stoc selling the Materials and conducting such other activities related thereto. ARTICLE III TERM the terms and conditions of this or in use with respect to the the Property for the purposes of kpiling, crushing, removing, or Section 3.1 This Lease is granted for a term. commencing on the Effective Date and extending for a period of 10 years (the "Primary Term"). In the event this Lease is extended as provided for in Section 3.2 below, the additional period of time shall be referred to as the "Extended Term". The Primary Term and Extended. Term shall collectively be referred to as the "Lease Term." Section 3.2 This Lease shall be extended by the satisfactory performance by the Lessee of the following provisions: (a) Lessee must have developed at least fifty percent (50%) of the acreage permitted for extraction by the end of the Primary Term, (b) Lessee must demonstrate a good faith effort to continue development of the remaining acreage during the Extended Term, (c) Lessee must have all necessary permits and be in compliance with such permits, and (d) Lessee must be in compliance with the terms of this Lease. ARTICLE IV PAYMENT TO LESSOR Section 4.1 Production Royalty. Subject to Paragraphs 4.2 and 4.3, for all Materials sold or removed from the Property during each calendar month, Lessee shall, within 30 days after the close of such calendar month, pay to Lessor a royalty at the rate $0.55 per Product Ton (the "Production Royalty"). Section 4.2 Payments during the Extended Term. If this Lease is extended, as provided for in Article III above, the royalty rate shall remain the same as the royalty rate applicable during the last Lease Year of the Primary Term, unless otherwise agreed to by the parties. Section 43 Precious Metals. The royalty rate for gold, silver or other precious metals extracted from the Property, if any, shall be 50% of net proceeds received by Lessee for such precious metals. Section 4.4 Production Records. Lessee shall keep and maintain adequate and accurate records of the quantities of Materials mined and sold or removed from the Plant Site and Property to permit determination of the Product Tons and calculation of the Production Royalty. The royalty payments shall be accompanied by a monthly statement with the royalty calculation that includes an accounting of the tons of Materials mined from the Property and sold or removed (or deemed sold or removed pursuant to Paragraph 6.C) for the month. Lessor shall have the right at all reasonable times during business hours and upon reasonable prior notice to examine and audit such records of Lessee at. the offices of Lessee and to verify the quantities of Materials removed, and sold and the accuracy of the scales used to weigh the Materials. In the event of a dispute between the parties with respect to the measurement or weighing of the Materials or the calculation of the royalty rate, the parties agree to submit to binding arbitration pursuant the terms of Article XN. 2 ARTICLE V WEIGHING OF MATERIALS Section 5.1 For purposes of calculation of Production Royalty, quantities of Materials sold and/or removed from the Property on which Production Royalty is due will be measured as described below. For purposes of this Lease, any materials that are removed from the Property shall be considered removed and sold regardless of whether Lessee has or will receive compensation for such Materials. Section 5.2 Use of Scales, Scale Adjustments. All Materials shall be weighed on a certified scale upon sale and removal from the Property. Accuracy of the scales at the Plant shall be checked and adjustments made at least as often as required to continue to be certified under all applicable laws rules and regulations. Records of the accuracy check and adjustments shall be preserved and made available in the same manner as other records. ARTICLE VI OPERATIONS Section 6.1 Mining Practices, Compliance with Laws. Lessee shall conduct its operations on the Property in a prudent and workmanlike manner and in accordance with good and accepted mining and business practices and in compliance with the Permits as well as all applicable federal, state and local laws, rules and regulations. The timing, nature, manner and extent of mining operations, processing and sales shall be within the sole discretion of Lessee, except that Lessee will not occupy more than 100 acres at any one time for mining operations. Lessee shall not be required to mine, preserve or protect in its operations any Materials which, under good mining practices, cannot be mined or sold at a reasonable profit to Lessee at the time they are encountered, Section 6.2 Use of Property. Lessee shall have the right to construct, maintain, and use roads, pipe lines, power lines, telephone lines, and stockpile areas and any right of way it deems necessary or desirable for its operations on the Property related to Lessee's operations under this Lease. Lessee shall have the right during the Lease Term and without payment to Lessor to strip and remove overburden (subject to the Permits) and otherwise to use and occupy the Property as is reasonably required in connection with mining, quarrying, extracting, processing (including tailings -washed fines storage facilities), storage, transportation, sale and removal of Materials from the Property and from other properties on which Lessee is conducting operations. Section 6.3 Processing Plant. Lessee shall have the right to construct and maintain a processing plant ("Plant") at a location selected by Lessee and approved by Lessor in compliance with applicable zoning, and Lessor agrees that Lessee shall have full right of access for the construction, use and maintenance of the Plants and for stockpiling Materials processed or to be processed, whether from the Property or from other properties on which Lessee is conducting operations. Lessee may construct and operate a Plant for asphalt or concrete operations, subject to issuance of regulatory permits. Section 6.4 Zoning. Lessor hereby authorizes Lessee, at Lessee's expense and in Lessor's name, if required, to apply for zoning classifications, variances or exceptions, and the Permits, and agrees to cooperate with Lessee in obtaining such approvals and to execute or join in applications, plats and other documents which are required to obtain the same that are reasonably required in connection with the operations that are contemplated under this Lease; provided, however, that (i) Lessee shall provide bonds or other financial assurance for its operations, including for the restoration, reclamation or rehabilitation of the Property, as may be required to obtain such permits and approvals, and (F) any such approvals and permits shall be assignable to Lessor upon, Lessor's discretion, at the end of the Lease Term or earlier termination of this Lease. C Section 10.3 Without regard to the warranties of title given to Lessee by Lessor, if Lessor own less than 100% of the Materials under all or any portion of the Property, then the amounts payable to Lessor hereunder shall be reduced in the proportion that the interest of the Lessor in the Materials bears to 100% of the Materials within the Property. Section 10.4 Lessor shall not enter into any new oil and gas leases or other new agreements regarding oil and gas operations of the Property during the Lease Term, except under conditions which prohibit surface entry or occupancy in any manner which would unreasonably interfere with Lessee's operations on the Property. With respect to new wellsites and other surface facilities under existing oil and gas leases, Lessor shall promptly notify Lessee of any notices or requests by an oil and gas operator regarding surface use and hereby authorizes Lessee to use reasonable efforts to obtain understandings with the oil and gas lessees or operators to minimize impact of such wellsites and other surface facilities on Lessee's sand and gravel operations on the Property. Lessor shall reasonably cooperate with requests by Lessee for assistance in Lessee's efforts. to negotiate surface use agreements with the oil and gas operators relative to existing leases. Section 10.5 Notwithstanding anything to the contrary in this Lease, Lessor has disclosed to Lessee all existing oil and gas leases and Lessee takes this Lease subject to all existing oil and gas leases. Lessor and Lessee agree to cooperate to manage current or future oil and gas operations in a manner that is mutually beneficial. Section 10.6 Notwithstanding anything to the contrary in this Lease, Lessor reserves the right to graze and/or farm the property, use the surface water, hunt the property, or issue other surface use licenses that do not unreasonably interfere with ongoing mining or production activities of Lessor. ARTICLE XI TAXES Section 11.1 During the Lease Term, Lessee shall pay when due all ad valorem property taxes assessed on the production, severance or extraction of Materials from the Property. In addition, Lessee shall pay all personal and real property taxes assessed against machinery, tools, equipment, supplies, buildings, improvements, pipelines, stockpiles of Materials, and other property and/or fixtures placed by Lessee on the Property. Lessor shall pay all other real property taxes on the Property and on any improvements thereon, including without limitation, improvements that Lessor installs on the Property for Lessor's own purposes and any taxes attributable to the production royalty or to Lessor's farming operations. Section 12.1 Lessee agrees to keep the Property free and clear of liens, charges, claims or demands arising from Lessee's operations hereunder and to promptly pay for all labor performed on the Property and for all supplies, materials, and equipment. used or placed on the Property. Lessee shall defend, indemnify and hold harmless Lessor from and against any and all claims, charges, demands, causes of action, damages and liability, including reasonable attorneys fees and expert fees, that arise from or are connected to the acts or omissions of Lessee hereunder or to those of its contractors, subcontractors, employees, officers, agents or lessees in regard to providing labor and acquiring or installing materials, equipment and supplies for operations under this Lease. Lessee may in good faith and at its own expense, contest any lien by appropriate proceedings so long as Lessee posts a bond or takes other steps acceptable to Lessor that stay enforcement of such lien. 7 ARTICLE XIII TERMINATION Section 13.1 In addition to the remedies available to Lessor under the provisions of this Lease and all applicable laws, Lessor shall have the right at Lessor' option to terminate this Lease if Lessee fails to perform any of its obligations hereunder as follows: (a) If Lessee fails to pay when due any amounts to be paid hereunder, Lessor may at Lessor's option give Lessee written notice of such failure and Lessee shall have 45 days from the date it receives notice to pay the amounts owed to Lessor. If Lessee fails to pay the past due amounts to Lessor within the 45 day period, Lessor may at Lessor's option declare Lessee in default and terminate this Lease. (b) If Lessee defaults in the performance of any obligation hereunder other than the obligation to pay money when due, Lessor may at Lessor's option give written notice of such default to Lessee, and Lessee shall have 30 days from the date it receives such notice to cure the default. If Lessee fails to cure the default within the thirty day period, Lessor may at Lessor's option terminate this Lease; provided, however, that if the default is minor and the default can be fully compensated for in damages, then such default shall not be a basis for cancellation or forfeiture of this Lease or any of Lessee's rights hereunder if Lessee pays the full amount of damages within 30 days after demand by Lessor. If, through no fault of Lessee, such failure is impracticable to correct within the 30 day period, Lessor shall have no right to terminate this Lease if Lessee commences in good faith to correct the failure and provided that Lessee diligently pursues and. completes the correction within a reasonable time not to exceed 90 days. (c) If Lessee shall file a petition under any section or chapter of the federal Bankruptcy Code, as amended, or under any similar law or statute of the United States or any state thereof; or Lessee or Guarantor shall be adjudged bankrupt or insolvent in proceedings filed against Lessee or Guarantor. Section 13.2 Upon termination of this Lease for any reason, Lessee shall continue to be liable for the performance of all obligations and the satisfaction of all liabilities to Lessor including, but not limited to, the payment of royalties which have accrued prior to the date of termination and the compliance with all laws, regulations, and permit conditions that apply to the Property and the operations on the Property including, but not limited to the Permits all reclamation, environmental and land use laws, regulations and permit conditions_ Section 13.3 Upon termination of this Lease with respect to all or any part of the Property, Lessee agrees to furnish Lessor with a document reasonably satisfactory to Lessor verifying such termination and release of Lease. Section 13.4 Upon termination of this Lease by Lessee for any reason, all sums paid hereunder to Lessor shall remain the property of Lessor and shall not be recoupable or refundable except to the extent that they have already been recouped or refunded as of the effective date of termination. Section 13.5 End of Lease Term._Lessee shall have the right for one year from the date of the expiration or termination of this Lease to dismantle and remove machinery, equipment, improvements, and other facilities installed or constructed on the Property by Lessee and also to sell and remove Materials then stockpiled on the Property, subject to its obligations under this Lease including, without limitation,, the obligations to pay Production Royalties and maintain insurance. E Section 13.6 Restoration of Property._With respect to each cell identified on the Mining Plan, Lessee shall restore the Property to the condition required by law and by the applicable permits and approvals required for Lessee to conduct operations hereunder (including the Permits) on or before the date which is two (2) years after the earlier to occur of (a) the Substantial Completion of such cell or portion of the Mining Plan or (b) the expiration or earlier termination of this Lease. The term "Substantial Completion" shall mean, with respect to each cell or portion of the Mining Plan, excavation of such cell or cells as provided for in the Mining Plan. Following the expiration or termination of this Lease for any reason, Lessor covenants that Lessor will not extract or allow others to extract Materials until Lessor or others effect the termination of the Permits or transfer of the Permits to their names. for reclamation or rehabilitation of the Property and the release of any security or bond provided by Lessee to secure its performance or discharge its responsibilities and Lessee hereby agrees to cooperate with such termination or transfer of the Permit. Unless Lessor desires to continue operations to extract Materials (either by Lessor or through an operator, representative, or other lessee), Lessee shall have the right to access and enter the Property and to effect on the Property such restoration, rehabilitation and reclamation as may be required to discharge the responsibilities which Lessee has assumed pursuant to the Permits and otherwise under this Lease and to procure the release of any bond or other financial assurance provided by Lessee; provided, that, Lessee shall deliver written notice upon completion of such reclamation obligations and shall remain liable for its obligations hereunder (including its indemnification obligations to Lessor) until completion of its reclamation obligations, and; provided further, that, Lessee shall not have such continued access from and after such time as Lessor elects, in its sole discretion, to assume Lessee's obligations as successor operator under the Permits and procures the release of any and all outstanding bonds posted by Lessee under the Permits. ARTICLE XIV ARBITRATION Section 14.1 Arbitration. Any claim or dispute arising out of or relating to the matters in this Lease which reference this Paragraph, if not resolved by negotiation between the parties hereto, shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association as administered by the Judicial Arbiter Group ("JAG"). The claim or dispute shall promptly be submitted to arbitration by a single arbiter through JAG, any successor of JAG, or any similar arbitration provider who can provide a former judge to conduct such arbitration if JAG is no longer in existence, or an arbiter appointed by a court or competent jurisdiction. The arbiter shall be selected by JAG or the relevant court on the basis, if possible, of his or her expertise in the subject matter(s) of the dispute. The arbitration shall take place in Weld County, Colorado. The arbitrator shall be bound by the laws of the State of Colorado applicable to the issues involved in the arbitration and all Colorado rules relating to the admissibility of evidence, including, without limitation, all relevant privileges and the attorney work product doctrine. All such discovery shall be completed in accordance with the time limitations prescribed in the Colorado Rules of Civil Procedure, unless otherwise agreed by the parties or ordered by the arbitrator on the basis of strict necessity adequately demonstrated by the party requesting an extension or reduction of time. The arbitrator shall issue a written opinion setting forth her or his decision and the reasons therefore within thirty (30) days after the arbitration proceeding is concluded. In no event shall any arbitration award provide a remedy beyond those permitted under this Agreement, and any award providing a remedy beyond those permitted under this Agreement shall not be confirmed, no presumption of validity shall attach, and such award shall be vacated. Each party shall bear its own costs relating to such arbitration and all related proceedings, and discovery shall take place pursuant to a protective order entered by the arbitrator that adequately protects the confidential nature of the parties' proprietary and confidential information. The decision of the arbiter shall be final, nonappealable and binding upon the parties, and it may be entered in any court of competent jurisdiction. The obligation of the parties to submit any dispute arising under or related to this Lease to arbitration as provided in this Paragraph shall survive the expiration or earlier termination of this Lease. G; ARTICLE XV MISCELLANEOUS PROVISIONS Section 151 Assignment. The provisions of this Lease shall extend to and be binding upon the heirs, personal representatives, successors, assigns and sublessees of the respective parties to this Lease. Lessee may assign this. Lease only with the prior written consent of Lessor, such consent may not be unreasonably withheld. Lessor may assign this Lease without Lessee's consent. Lessee shall have the right to subcontract with others for the performance of exploration, development and mining work hereunder, with the prior written consent of Lessor, subject to all terms of this Lease, but no such. subcontract shall relieve Lessee of its obligations to Lessor hereunder. Section 15.2 Notice. Any notices required or authorized to be given by this Lease shall be in written form, addressed to the proper Party at the following address or such address as the Party shall have designated to the other Party in accordance with this Section: If to Lessor: Konig Ag Co. 37231 Highway 14 Briggsdale, Colorado 80611 (970) 590-5061 With a copy to: Lind & Ottenhoff, LLP. 355 Eastman Park Drive, Suite 200 Windsor, Colorado 80550 (970) 674-9888 (Telephone) (970) 674-9535 (Fax) If to Lessee: Superior Oilfield Services Company, Ltd. P.O. Box 336356 Greeley, Colorado 80633 (970) 454-3222 With a copy to: Lind & Ottenhoff, LLP. 355 Eastman Park Drive, Suite 200 Windsor, Colorado 80550 (970) 674-9888 (Telephone) (970) 674-9535 (Fax) All notices shall be given by (a) personal delivery to the Party, (b) electronic communication, capable of producing a printed transmission, (c) by registered or certified mail return receipt. requested, or (d) by overnight or other express courier service. All notices shall be effective and shall be deemed given on the date of receipt at the principal address if received during normal business hours, and, if not received during normal business hours, on the next business day following receipt, or if by electronic communication, on the date of such communication. Either Party may change its address for notice purposes by notice properly given. Section 15.3 Condemnation. If the whole or any part of the Property shall be taken by any public authority under the power of eminent domain at any time during the Lease Term, Lessor and 10 Lessee shall each be entitled to share in the award to the extent of their respective interests in the Property with respect to any taking. In the event only a portion of the Property is taken, and if notwithstanding such taking Lessee will be able to continue to conduct its business in the remainder of the Property in substantially the manner it was being conducted immediately prior to such taking, this Lease shall cease only as to the part taken. If, however, by reason of the condemnation there is not sufficient property left in or upon the Property for Lessee to conduct its business in substantially the manner in which it was being conducted immediately prior to such taking, then and in such event this Lease shall terminate. All condemnation awards on account of the interest of the Lessor shall be paid to the Lessor and all awards on account of Lessee's leasehold interest shall be paid to Lessee. The allocation of any lump sum award for any taking between Lessor and Lessee shall be made by agreement between them, if possible, or if the parties cannot agree, then by arbitration, taking into account (i) the value of Lessor's interest in the property affected by such taking and under this Lease, and (ii) the value of Lessee's interest therein under the Lease. Section 15.4 Non -Business Day Deadlines. If a date for notice, performance or payment falls on a holiday or weekend, the time for performance or payment shall be extended to the next business day, and if notice, performance or payment has occurred on such weekend or holiday or after 5:00 p.m. on any business day, it shall be deemed to have occurred on the next business day. Section 15.5 Confidentiality, Recording. The Parties agree that the terms and conditions of this Lease are confidential and shall not be disclosed to any third party without the consent of the other. Neither Party shall record this Lease without the consent of the other. The Parties agree to execute a short form lease for recording to provide record notice of this Lease without disclosing the economic terms hereof. Section 15.6 Headings. The headings of the Sections of this Lease are for convenience of reference only and arc not a part of the substantivc provisions of this Tease. Section 15.7 Further Instruments. Each Party shall from time to time execute and deliver such further instruments as the other Party or its counsel may reasonably request to effectuate the intent of this Lease. a. Entire Akreement: Amendments; Waiver, This Lease supersedes all prior agreements between the Parties relating to the Property and constitutes the entire agreement thereof. No amendment or modification of this Lease shall be binding on either Party unless made in writing and duly executed by both Parties. Failure of either Party to insist in any one or more instances upon the strict performance of any terms, covenants, conditions or obligations of this Lease, or to exercise any right, remedy or election contained in this Lease, shall not be construed as a waiver or relinquishment for the fixture of the performance of such one or obligations of this Lease or of the right to exercise such right, remedy or election, but the same shall continue and remain in. full force and effect with respect to any subsequent breach, act or omission. Section 15.8 Choice of Law; Construction. This Lease was drafted jointly by the Parties, and shall be construed and enforced in accordance with the laws of the State of Colorado. The language in all parts of this Lease shall in all cases be construed as a whole according to its fair meaning and not strictly for or against either Party. Section 15.9 Counterparts. This Lease may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same Lease. This Lease may be executed by facsimile or electronic signatures. 11 Section 15.10 Brokers. Each Party represents and warrants to the other that it has not dealt with any broker or finder in connection with this Lease. Each Party hereby agrees to indemnify, defend, and hold the other Party harmless from any and all claims or liability for the commissions or fees payable to any broker or finder with which it has dealt in connection with this Lease and for any and all other loss or damage resulting from the falsity of the representation made by it in the first sentence of this Article. Section 15.11 Severability. In the event that any part of this Lease shall be held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be reformed, and enforced to the maximum extent permitted by law. If such provision cannot be reformed, it shall be severed from this Lease and the remaining portions of this Lease shall be valid and enforceable. Section 15.12 No Partnership or Joint Venture. This Lease does not reeresent an intent or act, whether expressed or implied, to form a partnership or joint venture between the Parties to this Lease. [Remainder of Page Intentionally Left Blank] 12 IN WITNESS WHEREOF, the Parties have executed this Lease to be effective as of the Effective Date. LESSOR: Konig A Co. a Colorado Corporation By: me, title LESSEE: Superior Oilfield Services Company, Ltd. , a Colorado Limited Liability Company Bytc7j4$k P L& L I err Name, title STATE OF COLORADO ) ) ss COUNTY OF WELD ) T e ore oing instrument was acknowledged, fare me t is day of 2011, by Joel Konig as 4P of Konig Ag My Commission Expires: , STATE OF COLORADO ) )ss COUNTY OF WELD ) T f re i instrument was acknowledged Company, Ltd. My Commission Expires: %a I3b /0 I & 2011, by Michael Miller SUSAN C. MCCOLLUM Notary Public State of Colorado my hand and official seal otary Public: before me this day of as President of Superior Oil Services SUSAN C. UM Notary Public State of Coio� a S my hand and official seal Notary Public: [SIGNATURE PAGE TO LEASE AGREEMENT] ATTACHMENT A Attached to that certain Gravel Mining Lease Agreement dated October 5, 2011 by and between Konig Ag. Co. as Lessor and Superior Oilfield Services Company, Ltd. as Lessee. 1. The Property generally described is as follows; West Half (W1/2) and the Southeast Quarter {SE1/4) of Section 22, Township 12 North, Range 63 West of the 6t" P.M. in Weld County, Colorado. IN WITNESS WHEREOF, the Parties have executed this Lease to be effective as of the Effective Date. LESSOR: Konig Ag Co., a Colorado Corporation By: LESSEE: Superior Oilfield Services Company, Ltd. , a Colorado Limited Liability Company By: Exhibit R - Proof of Filing with Weld County Clerk And Recorder Placed with Weld County Clerk and Recorder changes and additions to the Amendment Application for Permit # 2012-004 already on file on April 7, 2021. r as a. - . mss. �r - 1W Received By I r tar r STA M P Date $/o PRIORITY *MAIL* UNITED STATES AOSTALSERVI For Domestic Use Only Label 1078, July 2013 E0� -'"n¢, _ 1.,, t+�� APR 092.021 DIVISION OF RECL4.rq t� O,N DR4l MINING AM) c -c 6o,2o3 EXPECTED DELIVERY DAY: 04/08121 USPSTRAGKING® M IIIIIIIYIII�I Wlnlllllll��l llllllll lllllll� U 1 IPOSTAGE PAID ay MtLLIKEN, CO 80543 AMOUNT 1 $770 • O R2304N1 117718.02 Division of Reclamation, COLORADO Mining and Safety Uepo&t cot # Nati,n1 Rues 1313 Sherman Street, Room 215 Denver, Colorado 80203 March 16, 2021 Rick Miller Superior Oilfield Services 2986W 29th St #12-13 Greeley CO 80631 Re: Preliminary Review of a 112 Construction Materials Reclamation Permit Amendment Application Package AM02, North Star Pit, Permit M2012-004 Mr. Miller: The Division of Reclamation, Mining, and Safety has completed its preliminary adequacy review of your 112 construction materials reclamation permit amendment application. The application was called complete for review on February 18, 2021. All comment and review periods began on February 18, 2021. The decision date for this application is May 19, 2021. Please be advised that if you are unable to satisfactorily address any concerns identified in this review before the decision date, it will be your responsibility to request an extension of the review period. If there are outstanding issues that have not been adequately addressed prior to the end of the review period, and no extension has been requested, the Division will deny this application. In order to allow the Division adequate time to review your responses to any adequacy issues, please submit your adequacy responses to the Division no later than one week prior to the decision date (May 12, 2021). Please note that any changes or additions to the application on file in our office must also be reflected in the public review copy, which has been placed with the Weld County Clerk and Recorder. The review consisted of comparing the application content with specific requirements of Rule 6.1, 6.2, 6.4 and 6.5 of the Minerals Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials. As with most applications, there are items that will require clarification of the existing information. Any inadequacies are identified under the respective exhibit heading. APPLICATION FORM: Adequate as submitted 6.2 GENERAL REQUIREMENTS OF EXHIBITS Adequate as submitted 1313 Sherman Street. Room 215. Denver. CO 80203 P 303.866.3567 F 303.832.8106 htto:l/ drms.colorado. Jared Polls, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director Rick Miller March 16, 2021 Page 2 of 4 EXHIBIT A - Legal Description (Rule 6.4.1): Adequate as submitted EXHIBIT B - Index Map (Rule 6.4.2): Adequate as submitted EXHIBIT C - Pre -mining and Mining Plan Map(s) of Affected Lands (Rule 6.4.3): One or more maps may be necessary to legibly portray the following information: (a) all immediately adjacent surface owners of record; Please include names of all adjacent property owners on the map provided (Konig Ag?, Peters 313 Ranch?), otherwise, adequate as submitted. EXHIBIT D - Mining Plan (Rule 6.4.4): Adequate as submitted EXHIBIT E - Reclamation Plan (Rule 6.4.5): Seeding cost for returning the affected area to cropland must be included in the reclamation cost estimate what crop will be utilized, and what will the cost per acre to seed be for the initial planting? EXHIBIT F - Reclamation Plan Map (Rule 6.4.6): Adequate as submitted EXHIBIT G - Water Information (Rule 6.4.7): Adequate as submitted. EXHIBIT H - Wildlife Information (Rule 6.4.8): Adequate as submitted EXHIBIT I - Soils Information (Rule 6.4.9): Adequate as submitted EXHIBIT J - Vegetation Information (Rule 6.4.10): Adequate as submitted EXHIBIT K - Climate (Rule 6.4.11): Adequate as submitted EXHIBIT L - Reclamation Costs (Rule 6.4.12): All information necessary to calculate the costs of reclamation must be submitted and broken down into the various major phases of reclamation. You Rick Miller March 16, 2021 Page 3 of 4 must provide sufficient information to calculate the cost of reclamation that would be incurred by the state. The Reclamation Cost Estimate will be calculated when all adequacy issues have been resolved and site conditions verified through the pre -operation inspection for this amendment. See previous comment requiring cost of initial seeding to return affected area to cropland use. You will also need to provide costs for removal of any Operator -owned on -site equipment (such as scales, conveyors and crushers) and reclaim any roads constructed by the permittee that do not have an agreement in place with the property owner to remain after mining is completed. EXHIBIT M - Other Permits and Licenses (Rule 6.4.13): If a Weld County Special Use Permit, or Grading Permit is required for this operation, please include it in this list. EXHIBIT N - Source of Legal Right to Enter (Rule 6.4.14): You must provide the source of your legal right to enter and initiate a mining operation on the affected land. According to Article III of the lease provided, this lease appears to be valid for 10 years, which would be May of 2021. Is this correct? The copy of this lease as provided is almost illegible. Please provide a legible copy of the lease agreement and commit to renewing the lease with the property owner as required to continue this mining operation. EXHIBIT O- Owner(s) of Record of Affected Land (Surface Area) and Owners of Substance to be Mined (Rule 6.4.15): Adequate as submitted EXHIBIT P - Municipalities Within Two Miles (Rule 6.4.16): Adequate as submitted EXHIBIT Q - Proof of Mailing of Notices to County Commissioners and Soil Conservation District (Rule 6.4.17): Adequate as submitted EXHIBIT R - Proof of Filing with County Clerk and Recorder (Rule 6.4.18): Adequate as submitted EXHIBIT S - Permanent Man -Made Structures (Rule 6.4.19): Adequate as submitted Rick Miller March 16, 2021 Page 4 of 4 Additional Information: You will also need to provide the Division with proof of notice publication as well as proof of notice to surrounding property owners within 200' of the permit. Any letters from other commenting agencies/entities received by the Division to date have been included with this correspondence for you to review. This concludes the Division's preliminary adequacy review of this application. This letter shall not be construed to mean that there are no other technical deficiencies in your application. Other issues may arise as additional information is supplied. Please remember that the decision date for this amendment application is May 19, 2021. As previously mentioned, if you are unable to provide satisfactory responses to any inadequacies prior to this date, it will be your responsibility to request an extension of time to allow for continued review of this application. If there are still unresolved issues when the decision date arrives and no extension has been requested, the application will be denied. If you have any questions, please contact me at (303) 229-9414. Sincerely, Eric Scott — Environmental Protection Specialist Enclosures: SEO Comment Letter CODivision of Water Resources ICOLORADOs Department of Natural Resources Response to Reclamation Permit Amendment Application Consideration DATE: February 25, 2021 TO, Eric C. Scott, Environmental Protection Specialist FROM: Sarah Brucker, D. S. RE: North Star Pit, File do. M-2012-004 - AM02 Applicant/Operator: Superior Oilfield Services Co., Ltd.; (970) 352-4444 SW'/a Section 22, Twp 12 North, Rng 63 West, 6th P.M., Weld County Water Division 1, Water District 1 CONDITIONS FOR APPROVAL © The proposed operation does not anticipate exposing groundwater. Therefore, exposure of groundwater must not occur during or after mining operations. © Water will be used at the site for dust control and processing. The applicant will need to document that the water was obtained from a legal source. © Any stormwater runoff intercepted by this operation that is not diverted or captured in priority must be released to the stream system within 72 hours ; otherwise the operator will need to make replacements for evaporation. COMMENTS: The North Star Pit is a surface mining operation located approximately 6 miles west of Hereford, Colorado. The primary commodities mined at the site are sand and gravel. The applicant has requested an amendment to add 12.2 acres to be mined to the currently permitted 27.16 acres. The new total acreage in the permit area will be 39.36 acres. Upon completion of mining, the site is proposed to be reclaimed to pastureland. The deposits to be mined are found at a depth of approximately 5-15 feet below ground surface, therefore, no groundwater is anticipated to be encountered at the site. A water truck will be used at the site if needed for dust control on roadways or during processing. According to the previous amendment application, this water will be obtained from an industrial well leased by the operator located approximately 2 miles north in Wyoming. Estimated water requirements for dust control were given as 6,000 gallons per day. According to the previous amendment application, stormwater will be contained onsite by berms. Stormwater is proposed to be released in a controlled manner so as to not damage offsite areas in accordance with the operation's stormwater management plan. Based on the available information, this office has no concerns regarding the requested amendment. The applicant may contact the State Engineer's Office with any questions. 1313 Sh rman Street._ Seam $21, Dorms, PDESSt3 P tSt7.: tsm hLtps:r ten.coloredra_son Jared S. Polis, Governor I ban Gibbs, Executive Director I Keven G. One, tteLo Pnr;I ea:e i Dueclur COLORADO PNA July 3, 2019 Division of Reclamation, Mining and Safety Department oI Natural Resources 1313 Sherman Street, Room 215 Denver, Colorado 80203 Mr. Rick Miller Superior Oilfield Smvices Co., LTD 2986 W. 29th St., #12-13 Greeley, CO 80631 Re: North Star Pit, Permit M2012-004, Amendment Approval, Revision AM01 Mr. Miller: C tJVED On July 3, 2019 the Division of Reclamation, Mining and Safety approved the Amendment application submitted to the Division on April 9, 2019, addressing the following: Mined Land Reclamation Board ordered 112c permit amendment to increase permit area. The terms of the Amendment AM01 approved by the Division are hereby incorporated into Permit M2012-004. All other conditions and requirements of Permit M2012-004 remain in full force and effect. If the revised liability amount exceeds the performance bond currently held (see below), please submit additional bond. The revision will not be final until the bond is approved by the Division. Bond Held: $30,035.00 Total Bond Required: $122,250.00 Additional Bond Required $92,215.00 - must be posted within 60 days You are also required to execute the enclosed performance warranty and submit it to the Division. If you have any questions, please contact me. Sincerely, Eric C. Scott Environmental Protection Specialist Enclosures: Performance Warranty 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 Jared Potis, Governor I Dan Gibbs, Executive Director http://rnining.state,co.us Virginia Brannon, Director 3 D1V'S1ON OF RECLAMATION, MINING AND SAFETY fleDanrnent of `la€ulai snur5 1313 Snennan jr.: + oom 215 Denver, Color ado 602'03 Pion: (303) a -35a7 FAX (3031, 332-8 136 STATE QF COLORADO CONSTRUCTION MATE.Rt4L.S REGULAR (112) OPERATION RECLA%I.AIIoN PERMYT APPLICATION FORM CHECK ! There Is a File Number Already Assigned to this Operation Parrs t M 20 __ - (Plas4 ref rence the file number curl r end v, assrgrsed to this operatiar€) NLaW Application (Rule 1.4.5) J Conversian Application (Rule 1,.1)) Amendment Appticatia�n (Rule LID) Perrrrit r* t� f Z 12 Q (provide for Amendments and Ceroeerrern5 of C0LORAD5 RECLAIv ATEO i MINING SAFETY cxtstmg permits) The appPscahon (br a Cor}struction !Materials Regular 112 Operatioat k clamakroe P'trmrx conEaina three major farm; (2) Fxhibin , -e, .4.ddendurrr 1. any sections of Exhibit 6,5 (Geatecl cat tabiii too 1 pares: '1 the Submit your application, be to include one (t) corn etc si ert and ( app�catioo t5' and (3) the apgli;zation Fee. When you application roan, two (2) copies ofFxhiNt -S Addondum I tBrixed RIGIN4L and one (1) cagy of the completed the appltcatiorr fen described untie+ Section (4) below. Exhibit+ tennis SlOT be bound a inoa. 3 erg b rlity xnibit, and a c 3 1 2" 'C 1 I " ar S t ' 1W size. In expedite pa oces5 in _ beck Or plenee provide the ieormation in she Seemet and other deso bed in Lhis onm rtes,_. vv"'4a-.LcuJ, OPERATION 1-' F_CFMTTIO 1 Type or print cleeriy, in the space rovi�de P d, ALL infurrranhao-o rarrnr,iap.r �.,r.... 1.1 Type o'engne zatioe (eerperatien, partnership, ere.): LLC rsratinn urine+ lair. nm®e or siir nannel: North Star Fit Toe Oilfield Services Co., Ltd_ Permitt&l were r Inert or g s#in4 g IleS 3-! Gl a zvg in acreage (f) 1 . �---�� 24 permitted d acres 3.2 Total acreage 1 4.61 �V in P`emit area acres 4. Fees; 4.! New Applieotten 4.2 N' rew Quarry Application 4.4 Amendment Fee 40 Corversion to 112 operation (set by statute) S. oimeor cerreritraesoi std be mined: Sarld 5.1 Incidental commoditie(s) to be mined: 5.2 5.3 3. I lbsl Seo.1 Gravel -- IbrJTeer/ur 27.16 2 ss6,U4 C3 3- Obi 22— ,22 Ott 52255.00 _mere application the goerty application amendrntnt ₹'ee Conversion fee 2. f tbe4 omf 4. / IbsiTops// Anticipated end use of 5 l ibsl f ons; l?eypy comma iitie(e) to be mined: Roads & Pitt Pad Site Construofion Anticipated end oee of incidental commnditie(s) to be mined: 6 Nltne of of er of subsurface flSus of at%t�ed land. Konig Ag Co. Ir2 or mare owners, "refer to Exhibit O". 7. Name of owner or,tzr{ace of affected land Konig Ag Co.. 8. Type of minlnooerubion; Suxface _[L Underground 9. Location Infarrmatxoa_ The een[er of the aria where the majority of mining w-tiI DeCUUr- cOUy: Weld P1 LxiCl tlI 1TRIDIANf ( ~heck one): _.E15th ( 'olarado) I oth 1New Mexico) EJt� SECTION (write cumber)- S 22 TOWNSHIP (write number and check direction): RANGE (write number and check directiocz): QUARTER SECTION (check one): QUARTER QUARTER SECTION (check one): T 12 fl ____________ [J North d Snu+.Pz East i J NE NCI _ SE __ SW GENERAL DESCRIPTfON: (the number of mils and direction from the nearest town and the approximate elevation]: _ Six miles west and one mile north of Hereford, Co. Elevation is approx. 5480 feet. ID. PI'MI ry Mine Entrance Locatinn (report in either Ladt =detongit e OR UT4l is LatitecleE.arn etude Example: (N) 3 Latitude")_ Longitude (W}: OR Example: (N) L.atit Lon4tode(w( OR 39O 44 12,98" I04O 59' 3.87,• deg 4D rain 59 18 54 sec (f decimal places) deg 124 25 sec 19 .5% (2 decimal places) 39.73591' Universal Twnuerse Netcator f CT11 Example: 201336.3 E NAD27 Zone 13 32941512N (5 decimal places) (5 decimal places) UTM Datum (specify NAD27, NAD83 or WOS 84) dad 83 Lasting Noath f ug Zone 13 1 [. C rre on4e to int`urmarto, .APPLICA.%4-fQPERJtTOR (name, address, and phone ofnane to be used on permit) Contacts Name: Rick MiNef Company Name: Superior Oilteld Services Co, Ltd Street P.p 8;,y. 2986 W 29th Street #12-13 City- Greeley State : Colorado Telephone Number (970 - 352-4444 Fax Number 1970 M - 353-0139 ricie.r i�laseroiifeid com Pa' MC; CON ± ACT (if dhrTer nt from appfie tbperavor abas) Contact'gName: Title: President Company Name. Strvet'`P,O. Bert: City: State: Telephone Nernber: Fax Number: ttrbbp.horoiv CONTACT CantaerFt Name: Company Name: Street/P.O. Sox: City: Sere: Telephone hFeiuiber: Fax Number Lack Miller Superior Oilfield Services Co., Ltd. 2986442916 Street # 12-13 Greeley Colorado 970 352-4444 Cell 970-573-8020 970 353-0139 jack. M@Iaseroiifeld.cost P.D Box: Zip Cade: 80631 Title_ P.O. Box. Zip Code: CC: STATP OR FEDERAL LANDOWNERif an ui Agency: Street: City: State: Telephone Number: Agency: Street: City: State: Telephone Number: Title: V,P P.O. Sox: Zip Code: 80631 Zip Cade: Zip Code: 1? Cropland(CR) I Pasturelatid(PL) iseneral Agtictdhare(CrAI L" Rangeland(j) „1 Forestry(FR) Wildlife Habitat(t) Residential(RS) Recreatio?I(RC) fndustriaL'commercial{ c) Developed Water Rcsaurcvs( ) F Solid Waste D sposal( 'D) 13. Cropland(CR) _ Pasrureland(PL1 General .fig iet ur(G ) Rangeiand(RL) hYFares FR) ( Wtldlife Habitat(Wt) Residetial(RS RecreationC? ��s,'CoercialiC) Developed Water Resources(%VR ) 14. Method of khiMng: Brietiy explain mining method (e.g. truckk'shov-tl)- Front end loaders, dozers, scrapers, and excavators will be used. U 15 n Site i rrrcessln¢ CrusMng(Scr-eening 3.1 fart x lot ran' met od e, true hovel): rout era aade s wilt tee f e crustier wench w 1 process 4 ce S.Oratsers and doxeers "Nfis be �1RAfi to atrin IRa r, r.., aE _F_.__ ... {rad frV, P 'sfl rF r List any designated chemicals or acid-produciva materials to be used or stored within permit area: Descrl tune of Amendment or Conversion: U' you are amending or convcrting an existing operation, provide a briefnarrariw describing the proposed change(s). The operator is adding 14..331 acres to the permit bneedary. Maus 4.ad Exhibbs Two (2 Lornptefe, unbound application packages mast be subrnitced- One ccmpktt application packge consists 0t" signctf apphcau on toi in nnd the set ofmaps and exhibfir5 referenced bolow as Thfhibits A -S, Addend= I, and the Geotecbnivo! Stabi1h r l thibtt- Each nhibft within the applicatiDrr aitut be prrsentutl as a a sar'atese'c#ian. Bed n each e thiNE otn a nevr page. Pug skiedd be ntrrrtlaered Yonsecuti=rfy tar eaav c f refer n+ a li septets d�seuments are used as 3pransiic s. pleas,: mf trice these baare in the exhibit_ W tr# : ,q3µ !pof gt}�3 CW } i2 133 yTi ed app l�a'anc orms. ,^ o must 3i a corresponding s t o L e maps and ' rt≥'iib]is desc!i v in h Cols owing l'n FCrz l z3 J -1D Fuik' 6 -1, 6.5- 'Jnd 1,6. tJ th,. L EXHIBIT A Legal Description EXIt IIEDIT B Index Map EXHThIT C Pie -Mining and M5ning Plan slap(,) of Affdcted Lands EYI-IIBit D .4ls a Plan EXHIBIT E Ryc1 on Plan EXHIBIT F Recla dfln Phan Map FlU-lIBI T G Water Information EXHIBIT H Wildlife Inforruation EXHIBIT I 3Dila Information E I IT J Vegetauuon Intormation Fear K Chnwe infra ytian EXHIBiT L Recian&tizm cvs EXJT{I&IT M Other Permits and License EXHIBIT N Eocene of Legal Right -To -Enter EXHIBIT D Owners of Ree.ot-cl of Affected Land (Surtacs Area) and. Owners of Substance to be Mined E liBIT P 4flAn cipalities Within Two Miles E i�3i I Q P7oaf Df M iliag v,f '©bees to CQttat+d Cccnsfsslonmrs and Carser adt�r Diathct EYEEETT R Pram of F sting with Coumy Clerk etc Recorder EXHIBIT S Permangnt Man -glade Structires Rule I.6.2(I)(b) ADDENDUM t - Nor �e Requfrernnts (,ample encbbsed) Rut 53 Ciwecthr._`& S:ithility E. ibis (r_v =e r d s.,u i+ -q! J1 u ) The iostr zt1Q s. for pnpthng Exhibits A -S, Addrnduaa 1, and Oeotcchnicai Stability Exhibit 2 speci. ed lint Risk 6.4 and 6.5 aura Jule 1..6.2[ f)(b) of the ,Rules and Regt4ati . If you have any qurrc3tions on prrpaciag the i xhibics or ctxttcnt of tie iafonx tiou required, Dr would like to sche€ id>m a pr: -application meeting you may contact the Off c at 303466-3 567. lees. onsiiriliti a a r errrsifle : Upon application approval and permit issuance, this application becomes -a legally binding document. Therefore, there are a number of important requircrncnts which yOe't, as a perniittee, should fully understand. These requirements are listed below. Please read and initial each rcquir ment, in the space provided, to acknowledge that you understand your obligations. If you do n• t understand these obligations then please contact this Office for a full explanation. I. Water obligation to reclaim the site is not limited to the amount of the fmaneia.l 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 ev nt your permit is revoked and financial warranty is forfeited; -o- t The Bawd ray rung -end ec cm-nbe Pitt permit, er ascesa a nod perielt?f, upon a braimy the Be perrnitt an violated [tie terms or cendidenr of this permit, the Act, the Mmmcl Artier anti Reythe_ errs, er that inithirregae wan fined in the application or yeer pc;rmit m.isrepreeerit important material facts. . Ii" your mining m d reclarnat.inn operation; alTect ar?as beyond boa3niry. abstaritial cm i! penalties: ID y0U as permettve can result- 4 he boundaries of an apprt ed permit +"� Any nodiiiaUon w the approved mi ing and reclamation plan from i rose rie ct b 't yous apparo-eel applic.ar'ion requires you to submit t permit modification and obtain approval from the Board or Office;. 5. Ii is your respowibiiity to notify the Df&e Df any vh2ngPs in your act -ass cif phone zturn' ; 6. Upon pmt swany and prior tv beginning om-site mithsng ac vi , you mint post a sigrt at the caccaxice of the chine 3: e, which Thal; be clearly isib1e From the access mad. with the Following information (Role 3, i.3 }: a. the name of the operator: b a stiaternent that a reclamation permit for the operation has been issued by the Colorado Mined Lwxi Rechimacoo Boa d; and C. the permit nambc3. Thebouridhres of the it u r s perm- bcttr�dary ar.,a must b.. maa-iced by monuments or other markers that arc clearly Bible and adequate to dzli.nea.te such botmclari: s prior to the disturbance. It Is ft prsiM Df s'his pent that the operations will be cored ae.d in accoidence with S terms and conditions listed in your application, 4$ well as with the provisions 4f the Aet and the Construction llatcriai Rules and Regulatiots in effect at time the pest is issued. _9. Annually, on the anniversary date Dfpermit issuance, you must .submit an annuli The as specutetl 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 Reeii ition Plan to be submirte,d annually on the anniversa y diatc o.f the permit appraval. AmniaAmnial fees are for the pnviwi!; yrara permit is helr}. For exnrnple„ a permit with the aruiMnry date of July 1, 1995, (.annual fee is nor the period of July 1, 1994 through brae 30. W95. Faihire to submit your nivaa1 tee and report by the pexmi! anrh!iver33ary date may result in a civil penalty, revoroation of your pennft, and ft7rfeiture Qf 7aaur 'financial warranty. 1t is your raaonaibiIfry, as the pm -milieu, to anntinue to pay year annnn1 the to the Dice until the Board releases you Thm your total reclamation resgciusiblliry. bO. For tint %%:nEx m artnershi .. m orators: the signing representative is autborined to sign this docu'me'nt and a power of attorney (provided by the p e)s)) an11nu30ng the slgna rn tad the representative is attached to this applita'tion. -7 - NOTE TO CO.TIVfLN6ORS/YiIY4fCTORS: i{ is likely them wtil 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 contort the applicant or the Office prior to the derision date so that you will know what changes nmy have been made to the applicarioo document. The Office is not allowed to consider comments, Unk ss they are written, and received prior to the end of the public comment period. You should contact the applicant for the rni date of the public comment period. If you have questions about the Refined Land Reclamation Board and Office's review and decision or appeals process, you may contact On Ogee at (303) 866-3567. -8- Certifcaiion: As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1. To the best of my knowledge, all significant, valuable and permanent man-made structure(s) in existence at the time this application is filed, and located within 200 feet of the proposed affected area have been identified in this application (Section 34-32.5- t 15(4)(e), C_R.S.). 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115(4)(f), C.R.S,; 3. As the applicant/operator, I do not have any extraction/exploration operations in the State of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section 34-32.5-120, C.R.S.) as determined through a Board finding. 4. 1 understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 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-.ti2,CCR$, of the Colorado Land Reclamation Act for the Extraction of f Construction Materials. Any alteration or modification of this form shall result in volt/in, any permit issued on the adtered or modified form and subject the operator to cease and desist orders anad civil penalties for operating without a permitpursuant to section 34-32.5-123, C,ltS. Signed and dated this day of /-j P IQ I _1� P E jR o P . /4 FLU, 0 _ I,•ica5 Cc 4. i Dlf Corporation Attest (Seal) Applicant/Operator or Company Name Signed: Corporate Sec. tary or Equivalent Title: President State of i ) ss. County of -' _- Town/City/County C1erk The foregoing instrument was acknowledged before me is day of , by f ' �! as 1 `� f of JOD1 COX Notary Public State of Colorado Nalary lD # 20144022503 ^fly Carni,nission Expires C6 -Ora -2Q22 Notary Public My Commission expires: 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) # ' .# cxa b SI K/Ap scf #p whose address and phone number is (Address and Phone Number of the ApplicantlOperator), f 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) 1!j gCounty Clerk and. Recorder's Office, / tc2 ".7 "`' 0 jV (Clerk and Recorder's Office Address) ti .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, c, 'L ii' 1 0 e , hereby certify that I posted a sign containing the above notice for the proposed permit area known as the (Name of Operation) i'I,' on (Date Posted) SIGNATURE DATE EXHIBITS FOR NORTH STAR AMENDMENT Exhibits that were charged; Exhibit A Exhibit C Exhibit D Exhibit E Exhibit F t Exhibit L Exhibit Q Exhibit R Exhibits that were unchanged Exhibit B Exhibit G Exhibit H Exhibit I Exhibit J Exhibit K Exhibit M Exhibit N Exhibit 0 Exhibit P Exhibit S Exhibit A - Legal Description 3F� ry fl i( `y j/y is'wP.t ILi1 i lotd �.f lebl the Sout- _ l rfri / r 4 -a�l. ya 1 :�t,'1.�L T/yraJ `lti'�yS� r (� '}p !� .l . 1 � ♦. i t { r a . 0 f V V L L . tf i� l� r. y y- x j` J W in .rs " 16t_ ?3 T County of V' Sc, State �/! 'It {' r + o n Cry p.3rtcuary desor Cea as 1O ;lrse"lam: aE 3 ` 1 Southwest corner o, Section 22 F ossu r In g h e South ? i1 I e o< sa€d Sect3 V!•-: 22 as :.f v s' k ✓ N o'-tn' 83'57'4O L".as D ^^ a ggrft Dearing Cr the Coiorod. Stote Pne Coordncte Sys�er�, North Zone, Nortn American Datum i9 �.. 2 O7, `TitCfk# bearFngs Conto'ned `;eras"L 1• I e�aP` e thereto. �`'� / North '� t4C)*' dJii. I1 � l.i Ilv o i x.41 e h ne so! SW1 /4 a distance of 1144.94 Feet to the POINT Oh '1.1 itl4r�North �s n f t n F- ' _� r 3 West Rst nce of 1 2' 9. !,'7 feet; �1..f�;.i �i .jf1�.'r( ors ,5 :a a. " I� V LJ� 6F: �.` IL 8 X 91 Last a distance of 1060.21 T ? � SCU *l 37'O1 ° .5" east a distanCu of ' 295.19 feet tc rn , s of sold SWI 4;. T F OF South BB'57'40'" West oiong said 5out fire a distancs of 1197,48 feet to the ijT OF BCbNNtNG. laid descr' ed paraei of 27.159 acres, more or Fe easements and rights of On said described parcel land contains 1,183,026 sq. ft. or ass and is subject to any existing way of record: or as now existing of land. NORTH STAR PIT 1k2 F LAMAT]oN PEfM]F APP ]C-AT1ON EXHIBiT a_]NmEX MF&P 0. �g'a i. ss L •: akay. ♦- •�l .i!h rS �' a .. - 2 I r r. r iiie L .. �M>F-' w{' - f t } - - 1. 1 • i • - S r • • a. Tuc � e : ::_ • r --- w r. - s' 7a a i . d - av .. 4 s. •.' f- ✓� 4 It i r< - ♦ w1'..yF ' V i a .. T v iP 1 ••. .yS y rn '. 11 1 J' • r I T ' •-j` f4 I's Y: S .IFf V1 s. - • _V..: - - n ... . i-. .. -- `. _ NcrUi Star Pig 112 Redamat on Fprr t 2 ! NORTH STAR. PIT 112 RECLAMATION PERMIT APPLICATION - RR See attached, EXHIBIT P - MINING PLAN Des cnad ion of the method,(%,s of nittthng to be employed/n each stage of rye opera on as related to any surface tstur&arrce on affected lards,. This site has been rained tinder an approved 112 permit since 2014, It is being amended due to an increase in acreage, The total permitted area will now be approximately 2716 acres Mining will be done from west to east working the rnatsrial from the north to the south to the pemiit boundaries, this wrl' be done once the west ,side bank has been dayligh ted through to the existing lower elevations added to the permit boundaries to be worked and included, Eartftrnovlrrg, Scrapers will strip the topsoil and overburden materials and place them in the designated areas for fufure use during reclamation. These areas will be at the south end of the permit area on he west side. Any excess Material not needed for reclamation may be sod or hauu#ed off -site during the Nfe of the mine_ The topsoil will be seeded if it is left undisturbed for more than one growing season. The site will be minted in one phase using scrapers, bulldozers, front-end loafers; excavators, or similar type equipment, Material will be fed to the crushing and screening operations by front end loaders picked up at the embankment areas and transported for Processing. The plant sites for the crushing and screening will vary depending on what part of the site is being mired. The processed material will be stockpiled by conveyor or front end loaders depending on available space. There will be a ten foot set back left around the entire permit boundary with the exception of the west side that will be dsyllghted through to the existing ground level. The remaining sides will be worked at a 411 slope with the in place material being used. for the slopes, thereby negating to need for III meterisi to be used for reolarnaten, The operator may import material from other sites, The applicant is aware that in accordance with Rote 3.1.b(d) of the 2anstructioo klatehst Rules and Regulations, ff any offsite material is used as backf€ll, a notarized letter will be submitted to the Division indicating the materials are inert. The applicant will supply such a letter to the Division if, at the time of Reclamation, the applicant intends to use of -site material as backfrll. (ci All water diversions end rtwpoundbeeetsf and It is not anticipated that this operates will impact surface or groundwater. A water track will be assigned to the site when in operation for dust 505501 11 needed. Water will be sourced from an industrial well leased by the operator approximately 2 miles north in Wyoming. An estimated 6,000 gailons per day will be used for dust control. North Star Pit 112 Reclamation Permit NORTH STAR PIT 112 RECLAMATION PRMiT APPLICATION Stormwatec +aifl be contained on site by berms placed in the correct areas, StormwateA wilt be coritroiied on site and released in a controlled manner to not damage off site areas In accordance with the operation's stormwater management plan, North Star Pit 112 Reclamalori Permit 51 NORTH STAR PIT 112 RECLAMATION PERMIT APPLICATION (d) The size ofarea(s) to be worked at any ace dim. The entire 27 1B acre site will be mined in one phase. If possfbie reclamation will be done in areas that have been completed and are out of the future mining activities, (e) An approximate timetable to describe the mining operation. The timetable Is for the purpose ofestablishlrrg the relationship between mining and reclaination during the different phases c/a rtrinirrg operation. it is estimated that nning will be completed wathiin five years, but the life of the operation is dependent on market demand. Any reda.rnation not done before the mining is completed will be finished post in=ning () Use Mirrfng Flan Map Jr conjurrctioc with narrative to preset (I.l Natuure, depth and thickness of the deposit and thickness and type of overburden to be removed The thickness of the topsoil is 4 to F. The overburden ranges from I foot to 2 feet. The sand and gravel resource is an alfuvfa[ deposit that ranges in depth from approx matefy ten to 16 feet. (it) Nature of the stratum /rnnedratefy beneath the rnalerfal to be rained In sedimentary deposits The stratum immediately beneath the sand and gravel deposit is daystone with tenses of siitstoee and sandstone bedrock. (9) identify the primary and secnndaq cararnadities to be minedfextrscted and describe the Intended uae, The primary commodities are sand. gravel and fll; intended for eenstnnctien mmeterals. Ti) Nsme and describe the Intended use of all expected bee/denial products to be mieedferaofed by the proposed operation. O1ere ere no expected accidental prodnnets to be maned: (IJ' Specify If explosives aedibe usedin coejunctbee arch the mining (or reclareetlon) No explesive metedal will be used err -site. North Star Pit 112 Reclamation Permit 61 NORTH STAR PIT 112 RECLAMATION PERMIT APPLICATION EXHIBIT E RECLAMATION PLAN (a) A rye son$ on of the type(s) of reclamation the Operator proposes to achieve in the reclamatforr of the affected farad,. w1 y each was chosen, the amount of acreage accoroed h each, and a general dlscuss(or of methods of reclamation as related to me mechanics of eartlamorang, U2an compfetton of mining, the slopes will be shaped to a maximrUm &lope of 4:1 to cor.rrect with the existing grade on the perimeter of the property: and the mined areas The ironed areas v ill be seeded to the grass mixture noted on the reclamation plan and ratur^ed to pasture land that the property o'Nner can then dry lard farm if he wishes The lever areas mined will be graded. Fop soiled and re€urned to pasture land graded to work wth the surrounding elevations. (b/ A comparison of the prcposed pcstiining land use to other land uses la me vicinity and to adopted state and local land use plans and programs. The proposed pasture and is compatThe with the other land uses in the vicinity, which is essentially agdctltural land. cJ A rdescrivtica of how fe Reclamation Plan will be imp(em emmad to meet aach applicable requirement of Section 3.11 The Operator will carry reclamation to completion with reasonable diligence. The site racl3matior~ will be completed within appraxlmately one year fpm completion of mining. but not morn. than tvo years from the date the Operator informs the Board or Office that such phase has commenced. Section Z 1.5 Reclamation Measures ure fYJaterral Handllng Grading of the upland area will be consistent with the existing pre -mining grades in this area th is appropriate for this arse. When backfllling the upland. the operator will use overburden and non -saleable soils Compacted for stability. 3rading will be performed to help control em ion and siltation of the affected lands during mining, implernenting good operation techniques to handle material as 1}ttfe as possible, and vegetation of stcckStes remaining in place for more than one growing season, Although the aye of erosion profectior,. devices is not antcipated, if deemed necessary by the operator at the time of excavation, sift fence and haybale dams will be installed to prevent erosion. Backfiring and grading will be completed as soon as feasible after the mining process is complete. Maximum slopes and slope combinations will be compatible with the configuration of surrounding conditions and land use. Mining swill be done at a slope of 4.1 allowing for farming of the area post mining. Section 3.1.5 Water&eneraiRequfrements: The Operator will comply with applicable Colorado water laws governing intury to existing water rights and with applicable state and federal water quality and dredge and fill laws and regulations. North Star Pit 112 Reciarnatior' Permit NORTH STAR PIT 112 RECLAMAToN PERMIT APPLICATION Section 3. t7Groundwater- Specific Reguirene rtt ft is not anticipated that this operation will impact any groundwater. North Star Pit 112 Reclamation Permit NORTH STAR PIT 112 RECLAMATiON PERMIT APPLICATION ,Section 3. f.8 I+ fldlifei The raining and reclamation plans have been designed to account for the safety and protection of wildlife on the mine site. Currently there is no significant vegetation or topographic stratification that contributes to wildlife habitat. The proposed seed mix will provide fond, cover and nesting areas for wildlife. Section 3. f:9 Toe Soiling. Topsoil shall be removed and segregated from other soil. Topsoil stockpiles shall be stored in places and confguratio;ns to minimize erosion and located in areas where disturbance by ongoing mining operations will be minimized. Once stockpiled, topsoil shall be re -handled as little as possible. Stockpiles that will remain in - place for more than one growing season will receive vegetative cover to minimize erosion_ Sectr`on if. to Revegetatian The land shall be revegetated in a manner that establishes a diverse, effective, and lone -lasting vegetative cover that is capable of se#f-regeneration ritbout continued dependence on irrigation or fertilizer and is at least equal in extent of cover to the natural vegetation of the surrounding area. Refer to the Reclamation Plan map for the proposed seed -mix. Section R Off Sells lope and Sttrrotores- No buildings will be impacted by this proposal. Section 3 f.12Srgns andMarkars The Operator will post appropriate nignage at to entrance to the mine site. The permit area will be mardod by existing fencing, or proximity to existing County roads. by Plans for tops oil segregation, preservafioo and replacement, for edebillzatloe, eompaotion and grading of Spoil; and for re vegetation. Topsoil shall be removed and segregated from other soil. Please refer to the Mining Plan Map in Exhibit C for general locations of stockpiles. For roolamohion, topsoil will be replaced by a scraper and generally graded with a blade. Grading shall be done in a manner that controls erosion and siltation of the affected land to protect areas outside the affected land from slides and other damage. In addition, backfilling and grading shall be completed as soon as feasidle after the mining process. Final grading will create a final topography tat is appropriate for the Foal land €rse. Topsoil will be uniformly placed and spread on areas disturbed by the raining. The odnimom thickness dell be d inches above the su€ronadiog datohod grada. The topsoil shall be keyed to the underlying and surrounding material by the use of harrows, rollers or other equipment suitable for the purpose. The Operator will revegetata the land in such a manner so as to establish a diverse, affective, and long-lasting vegetative cover that is capable of self -regeneration without continued dependence no iTgafon or fertilizer and is at least equal in extent of cover to the natural vegetation of the surrounding area. North Star Pit 112 Reclamation Permit 9 NORTH STAR PIT 112 RECLAMATION PERMIT APPLICATION a A plan or schedule fndicatrng how arid when reclamation will be itnplernented. include. 1 An estimate of the periods of time w*lch will be required for the various stages or phases of reclamation. Reclamation of the site will be completed within approximately one year after mining is complete, but no longer than two years. Please note that the schedule is an estimate based on current market conditions, The timing may vary depending upon the demand for construction material, which may impact the life of the mining operation, 2' A description of.• a. Final growling a MJWMum anticipateds/ot gradient or expected ranges thereof, The maximum anticipated slope gradient will be 41. 3) Seec/r"rig - frees. mixtures, quantities and time ofapp//cati'orr; The operator will seed during the appropriate season to ensure adequate moisture for germination and implement weed controls to allow the grasses to successlifly establish. Common Name Sand Lovegrass Prairie San :reed Sand Bluestem D grutais €rlcBOes r1 Cafamoviffa forngifoli:a P 'a&curn virgaturrt Andropogon hatlii 'U 20 20 5 Species and/or % may change depending on availability. .30 2.W 1.210 0.60 Seeding rate: 11.40 PLS #/acre drilled, 22.8 PLS#.acre broadcast seeded, 45.0 PL/acre smaller areas. a. Fertilization -typos, mixtures, psewd lee, and tyrne of application; It is not anticipated that any fertilizer will be necessary. [fit is, the type and application rate of fertilizer shall be determined based on a soil test at the time of final reclamation. North Star Pit 112 Reclamation Permit l0 NORTH STAR PIT 112 RECLAMATION PERMIT APPLICATION A Re vegetation o types of trees, shrubs, etc., and No trees or shrubs will be planted as the area is too arid to naturally sustain them, c. Tap Soiling — specify antici,,t aced minimum depth or range of depths for those areas where topsoil MW be replaced Topsoil will be unifrmy placed and spread on all areas disturbed by the mining to a minimum thickness of 6 inches. WEED MANAGEMENT PLAN The operator will monitor and control noxious weeds mechanically by mowing and'ar diskingif necessary weeds will be killedd with a contact herbicide by a person who is certified to purchase and handle the herbicides, ExHiBIT F — RECLAMATION PLAN MAP See attached. EXHIBIT G — WATER INFORMATION The operation is not expected to directly affect surface or groundwater systems: EXHIBIT I - WILDLIFE INFORMATION rfj The Operator/A, pp{lcant sha/f include in this Exfu"bit a descriptfoo of the game and won -game resources on and in tie viclnify ofthe appiication area, including; aJ A description ofthe significant wildlife resources on the affected land; There are no significant wildlife resources on the site as this site has been disturbed by raining for over 13 months. Prior to that the site was regularly disturbed as it was cultivated agricultural land (and it is surrounded by cultivated agricultural land). The BERGS cuaracte� izes this site as Loamy Plaints and 'Proud Breaks' with low giant density (refer to Figure 1 can the next page for illustrative graphic). We have incorporated several of the grasses historically on the site (Little Sulestem., Sidooats Grumu) into our seed mix to help improve the site's wildlife value post -reclamation. North Star Pit 112 Reclamation Permit 11 NORTH STAR PIT 112 RECLAMATION PERMIT APPLICATION Li) Seso,r'use c/the errs,. Because the site does not contain any significant w ldlife resources, seasonal use of the area is limited. Threatened or endsngerdaf spe resa The site does not contain suitable habitai for any threatened or endangered species. d) General effect during and after the proposed operat}on on the existing wfldWfle of the areal The agricultural and mining activities on the site have limited its value to wildlife. The site is small enough that migrating wildli€e may travel around the site. Once the site is revegetated, it will create improved cover, foraging, and nesting areas for wildlife. M[nr RC Emk Vfn rapt�ens cumimmlt !rnc;iol Y 70 3] 'n3i' l _ oa S'/ `lap Jn,f 'a irx� n9nE Yeah Laub a,a s Ij- ]IE9 TJpa 'e II'C Iriels AS Et R467BTIsoBCQ — Eaarey Pales tis Ecok4col Site Blue GranaiBuffalograss Sod Blue GraremBtBdCtcsss Sad with C,c Remnants Re -back Low Plant offm ,, BroasRee LhRe' Bud Thresawn, sus nao9, Bare Ground Seeded tarrgeueiui Yvestern Whea<arasa, Blue Orsini, Cc teedlewass, tanning Salf.Oemh Bt R967BY063M -- Graver Breaks F fllosi.=_ai slke dare doeteuf, ,Wtsgaraa, ArurueBl Pt BBce Greene Sod, ThreaBeaf sedge Or Blue "arMna x'Fh 7e usased ?Bd aoO T itBruBteuO L5tO Bhses₹am, Sideeate Grama Pfant Figure 1 Source: USDA Natural Resources Conservation Service: irttsriwobsorrorvoyrc euodl usd0 0ovrppproon rolnorvey ascx North Star Pit 112 Reclamation Permit 12 NORTH STAR PIT 112 RECLAMATION PERMIT APPLICATION EXHIBIT I SOILS INFORMATION In consul/atlon with the Sol/ Cooserva& n Service or other qualiuJedrs. indicate onsnap (inFrhFbrlC)orbysstafementfhegorraral , 1 kknessand dis/rOuffor of soil over a ecte Ind II° L Weld County, Colorado, Northern Part (0O617) ; j Map Unit flap Unit Name Acres Percent Symbol in AOT of AD! � r •T•• _ecer'_ sicLes l _ _ r' 3'e'I. t 3{oSiP� l 7ota]s for Area aff Interest y _ 3y -1.' -a .1 12. V 100,0 4i Fgur 2 Source: USDA Natural Resources Conservation Service: wens iI5ree S.!CC v usdd ;c' - ttV13o +d rte 35^x • Y ^d tA }1d J 8 North Star Pit 112 Reclamation Permit 131 NORTH STAR PIT 112 RECLAMATION PERMIT APPLICATION EXHIBIT J —VEGETATION INFORMATION (a) fleserfptfon oftrreserrt vepetatic.i types including estimates of coverand height afprirrc%cef species in each fife -form represented,' This site has been ruined under an approved 110 permit since May 2012. It is being converted to a 112 Reclamation permit due to a slight increase in acreage .As a result, the entire site is disturbed and these is scant vegetation, ( J Refatibnshfp of present vegetation to soil types; This site has been mined under an approved 110 permits ..nce 2012. It is being converted to a 112 Reclamation permit due to a slight increase in acreage. As a result, the entire site is disturbed and There is scant vegetation. (cJ Estimates of annual productioc and carrying capacItylime choice for reclamation is for range of agr'culture. According to the Natural Resources Conservation Services (NRCS), 'most areas with Peetz gravelly sandy loam soils are used as rangeland...a few areas are used as a source of gravel." The NRCS estimates that the average annual production of air-dry vegetation ranges from 500 to 1,200 pounds and that livestock glazing should be managed to maintain the desired balance of preferred species in the plant community. EXHIBIT K — CLIMATE INFORMATION (t) Provide a descr7ptton of the significant cifmatological factors for the frcalty. This property is in a semi -arid continental climate strongly influenced by the Rocky Mountains. The area is usually warm in the summer with frequent hat days. In winter, periods of very cold weather are caused by arctic air moving in from the north or northwest. Milder periods occur when westerly winds are warmed as they move down slope off of the mountains to the west. Weather monitoring data is not available from the site. The nearest weather monitoring station is the Greeley IJNC, Colorado, Station 053553 in the National Weather Service (NWS) cooperative network. Fire 3 on the following page lists the average minimum and maximum temperature, average total precipitation, average total snowfall and average snow depth on a monthly and annual basis. Most of the precipitation occurs as rainfall during the warmer part of the year with the heaviest rainfalls in the late spring and early summer. Winter snowfall is frequent but the snowcover usually melts quickly during the milder periods. North Star Pit 112 Reclamation Permit 14 NORTH STAR PIT 112 RECLAMATION PERMIT APPLICATION Greeley Unc, CO LatilLde 4) 24C`L�_•it_ji'u Jan Feb Mar Apr May Low Temperature°F Cooling & Degree Days Precipitation (inches) v. • 1 144? t 5 ' i=krvJ j.n. 4, l 5 ID , :,g Jun Jul Aug Sep OGt P1ev Dec Jan Fein Fir Apr May Jun 1ni Aug Sep Ckt Winter Spring Summer Autumn Figure 3 Source: F .w .Nww ctlmate-charts com1USA-Statons,COr'CoQ53553 vhp EmISIT L — RECLAMATION COSTS See Attached. EXHIBIT III - OTHER PERMITS AND LICENSES The operator has the following permits: APENs for crusher, screen, generator and overall mining operation. The operator also has a stormwater management plan per Colorado Department of Public Health and Environment requirements. EXHIBIT N SOURCE OF LEGAL RIGHT TO ENTER North Star Pit 112 Reclamation Permit 151 NORTH STAR PiT 112 RECLAMATION PERMIT APPLICATION EXHIBIT N - SOURCE OF LEGAL RIGHT TO ENTER ACCESS AUTHORIZATION I he i1cvnE;r5 o sc`c2wn , . l t r1.1 Pt, C,'r, PM, hl l' lr c. hr s eby gni Er rs acI s to c lCrlt ti? Sufi rior Oiliicld SC rviLes Cu, Lift, Pal fl 13G356, Carr iQy'CD ai 6?fr3, to build Lirsd r[sea roadway to be b il't within a 100 [t corridor bordered by the south section line Gfsectson 23 arnd running for one mile west from Weld County 71 "I -he road shalt be built am ;nai.ntained by Superior Oilfield Services, Co at their expenn. The i.tess shall be granted for a period Of ac' vtars or u3-7til all minting and rec:l:an:atacin is cc5rnplewd aL tliNorth St_ r mine In Secti.un 22. S1f;itcd and agreed tins 11Thday cir April, 20i1? by: r Y, Joel ho 'g lwlelber 57851 CR I1 Gruver, CO €0729 Sure of Calnradci County of Weld • n N1i:ct acl Milier PresdciiE Superior thifield Services Cc., L -3'D Pt1 Box 3363S6, Grr :/yr rCO 80633 The foregoing irrstrum nt g as acknv lcrlge+d before rate this ifl days of April, 2012 by lv itch ei f► fll r and Irxrsl Kuntg per.a naily kns rrt tn. notary t /aI Ttar-a firiisby lotary/ 14260 OR 72 • P.Q, Box 335356 + Oreeley-. CO8QS3 • f7b.454.3222 ■ Fax. 97€ ,454.8723 r: :. upr rlo.eiilfieId.cam + sup rioroi lie Id' h strrra.iIcom North Star Pit 112 Reclamation Permit 13 1 Page NORTH STAR PIT 112 RECLAMATION PERMIT APPLICATION G AVEai, MIN '4`Ga I EASE AGREEMENT A.1J5�1��f ETNILTY1�71(al Ailjr(9 rp}ii1, G�s�] L11 .eASE1 y4nc ti ye the 511.�•f,c{i�� ' :3'3s 1ctth'cr. ] 1��1i rthc A 11!IL 1Milo 3j y �a�l.T��l y.,t�b1�i�'.f6J L iL/featiik�i1S' IZT L j, ix b.Y!/Ln�I≥7eol omg i ' i?g V ) L- Clut�rn,l th C�k.i w. �i.lf1�.'i13"K �< i(≥1� S5 +q�f W■a Itlfj:Wa��++p1Jw1:n`.a1 E'W(tCS ii ` l2? 1 .1fgbvirt,y _`�, lrigpd&I; Uotor=a.d�.i €\1iV1I #(1;�-.cr: Icw and 8iptzkrr O.fii �lLwic3ttcxi Comp ny. Ltd., i.`r}Jk�:irtc':' 1. r. Ltd ! b�li i company, whwwr pi4ncipal sthda�a f f�0 B.nx 33.-056+ i{t 'ta t1 Ci*.ta ' • le.Y 4�.1,,. �� IBS` ��i6 3 e ! e ' fe :3 t,li FI ki L r ] nL' i Cw.7� G T>�'y..3r �]Ii� �.�"��- �C1c15 Ftt�. f-r{�Si4 In �t�ati•r��Ahr��o ,1.: 1. .vi. iF '. 11 P r1 ��[-1 si�4�a�'!.'��I�S7r��j i, u 7E'.�. �lt� �� RE;~T.JAI.S ! &1 6'4i' 1v i''i the 4.f T1`n t 9J'1 el tract of 1.S. fccciid In. d4 Cctnt CvIc'cac a icrb' piti _'5'• 3Curl' [ict; .rt el trr °41t.cict nien A Ml citlM L`.6t.`' o acid 7xnc L .s1 r CGS Entt by CEi `.t' r1S.c" ,.the B. ifs Pmperi' xiniath et derVructrd 4qesthc i7fs rn.d i nd griwel. L . LesLssrtc desires iz L-ta. cr iE d ;acct ! frcni Lessor sad 3.rs € dres tt 1 a{xt :arks gnat to k -is on t-T,p Prcrperiy =:rr lix pwpG}w nn4 wrm beraana€ter pt- adt- . In cer irdec tier: of t,L 1cTtths2 six! the t e zi tit Li;Vi 3Uftt CUUUW3CIL in Lit: ai r S u »hfe tci ki* 1 wttaalin. the receipt and su fftz6e kc y cf w1aden ssi hzrehy cbaccwicd.je4. thac Parties grce as fooaf�wws; M N't't ICi ii: I +{r1. th�ii . is 's §t= stts- Asus+ed in dus La. t i fc"�'rawin tem shall ha; a the r-.iemnLgs i�CSIlLS3l its_'iftil?i1't_ l)d� tz h�t41 s' T t '•ni the 4&11• nth Cin ici 1 uli:s a C 7rsj ii Fn P}lr i aph 7.3 ar s Li.. Syr ' iaiv y beaannti Leee. t lTtct,ivv Dteshall ist_tr; tk daie rrr whiTh ;,his I cave_ Lc €xea<-u cid by k L,.,*seE aDd Lcse. . f imgt� Ycat shill rtm s period u l' t &tan"nbg enyP an vier ary t3 efet urirtg th Le;is' Tonrt; p swrik nc4 t.ccrAr om thc lint day of a; a'crizr month tier, the iriuuutl} in wbkh trim Canmencemeat DIli& omuis and shall rtfr t �ir43kiidiiT fiionth. b ginnaug ti Ihr" .'.[ l 31 rr i rt . It M to 4,T en 6't'virrr, fiat if the fihne k cnt Date does Peat Lai3 ittudc the reina i ; r o div afi nit the :uiniwus&ry of the felt days of the $ati.sSJ3 zn'm stranl ; band' quid' grist end Rn . vtluahic szikd > Snr s tJw YrJ rent d it c-iddent to sand gtavd operaticaors Fere:mder and which, are 1ia3t: biit nd rovrtth1 tivem the Pr'u9 th th ui of such ojnniLius: Prcduei inn slu.1.1 r al Z IQQ d f rfMwcSJs firm thi Ni)pe't • usO in pf dkvss at {ire r iqu r i�ti°add aitr cathis lrk' {Y for t i4 ti is s i tar as mtnvidal fbr Lis -Parraigppii S (bck ), su.bbjc [tot z itnu orPara?�falih 6hei;h . Le-iisc TD.rm e1iJ1 harm the .ta *3i g jt4 ib Parrcrai* 3 b&aw. North Star Pit 112 Reclamation Permit 141 Page w NORTH STAR PIT 112 RECLAMATION PERMIT APPLICATION AIt1.rciJ Ii CAL001 f /�j.e ii ipil 3 3 ` -d• i t i:1l lj�.l R'. M1 S •-a°� '��r.11} fy. {yl ,!YS ti ],,{F lam••q " 4-�-� r' l)-•{s'r -� l yl hie i [It•y i+.1,Ek 'fi '!T Y a, . 'l;:.� `r ,•s,, LV � :1'F-1 1 ,y- I- T IFI �V L.I IIi;.i[Ii 4ir:S rFv y[5(�• i1Jlr• i_31e �.VA.'iC a; s,rd wry ztt; NK-rikdsk erc..iii .f?I i=i 4`,C'ti'*i[I I r-zuit , l�-ZSI (Ir T MA:4?T1.1 4T Ifs UNTi= � LrI IQN1SGi' �o the £5XuYF"s lr�_ �4:fr yrf e:t i, I i.rasLLs`_, and ilY�!]'s i.$I_.x�{jzXLl.I.s y.,c-M1,{? Ili 4,pv'-w z Pnifycmv fl rth pu p!u` k!�: o{, 13 1T il1 i, a 7i1g riJra l, I°�ilL I�LF,1 riG4 b � cckp l ttcrt f ris. is riM_ ru: �1 if1�i�'-':1f- or F r ;mil if! I h1' h m ;i:7l i ccg QilC€glrS ;l. :g7.i b Ciliittr a; 'i14l 11 J f4pj44hiri ei .ARTICLE l 3 1 `i'E.RM Section: i "I7s_ `�c�sc i;r parted iccr a tetltr cam.TlxncmITZ in iiicc Eifraarivcr £J.rr.{ fir.C- e rEe r rleri'€ir a fic acrd oCt13 Y (the e ' E'nn errn"" _ to €ire ra ni iaUS LCSC IS ti - a w°Vim' for i°a S.d1ic,r 3 2 helm, S2 add -it v=ai peed of tlnie reh if be re nS to a [by °`iI~?� Ll 'si- tixsn lit I'r7Try 'tvusr and i_'ter,dLd T est sf ,all col I.ecii y be remfcuei o a- the tc c)ic .' IIfJII IJ4 it id] br4- i'sfl L `-1 I�' LJd'q ari,'aJ-i?{�7.i�1 iFyt 1iii Cki r'_1.j It {j. ] 4i/(�� ZZ��S11i �yfLl'Yii'�C /. fo I:f owing Prn L:ltl.,i j.. fry.{A }Nu �]{d f) I cv'Ssei: iILYLvii Il tv� -- �S.'?ciuccd 'L i {A i�}i. +�T}..jrtoi`Si .eF 3: £`T1xi"Ca ill q ii%) ti 11.�{�- i3(lfkll/:L, ryEa.L4.f.L't}yti Hl�yl 17 L.rca e pL.rmii �.L4J r e �rr rliaa 1,. + the c M ;i# ll.c Pni 41i T rrr. E1j E.ss-=L must A1 cFtRIt'•Ei�iit 1:ra& gad' faith.- eliirt to LLLnuc � r3c�p r f the, rcrnk-t axing U 1nF1! thring Lhc E.ccnc*l Thi ui_, (i 1.3 t,'. mitr'dd to c;r ,a fl r4C&St . p m tS bu ira compith ic' w-I[h rueb p r!nhs. z.mi ('dj Lest irui bsi it ccnupl.iance 4 [h die wins tk t.lris, Tra. ARI LUL'L IV I'A'�`l" T TO LLSS I� ieeduu 4. Pro rc-rsf_•v'ecl rrccn the 1'ropert =. J}!CA C&tftdtT month., pa' du Ltc'a Rti during v-a..d to .. '- `*4rr LL ilk_ Su jcci tr }'iimu ;nphs 4.2 -arid 43, fci aL Mmtitds M[ J Cr calet d-ar niionib. Lkb-sc ° s[t sits wiAhht-1 30 dal, i.ft,tr the i)w, of i�ir�'Li'li P if'i fa• "1¼'itrciieij y fi ' f'asrret. ' brig y } c -L lean. E9 V bi.. L k tcr.:d�Y- 1, as provi' 4 ft r u; 4`irtl�a Ilrz 1� � LLISY� �Et� ri�L�4r� ti f L% 'S r t&.rtfc-lr 111 IL -ice, the royalrrr raft, tU rcrr±.in hA &xmc aS; dic rii 'ally raii: apptic abic. thrin t c tasi i else YO�T uf&t Pri.mar_y T lint. unless oitrlli-k:�rfi- ,agreed t4 by the J artre_ Section 4.3 JjigjaLictj. Thc� rav;ra[ty° rate for g•'itd. silvi r or cstllrls yrt ims tiai &th £Vi4Cd Foam fltel"tLw k1 . If i!t ;<≤ flaft Il' uct yruUtth1 i_ervv'J itd Ly I_tsae for 5142-r prey:rnua �tita[sa a .'i&cti au &. !rpd z, pr.. Lasser: shall kcep .sijd 1≥*.ir�tai n aci'cquatc arid acctiaic ro-ccldh. Of the quwitkkd r r aLtn i; mine8 an.d sa}d ar rethLfled fzorr tS afarfl Silt at -4 Freperty ia pannit dcacrruhyitjun of S Produc-; Toms and calcul; ti an of the;E?ntue6ii"a Royalty. Tim royalty e ait3 &ball fir, accarnj..kd by n nu ssbIy rilatcmtrn with i - royalty c is Uiaa thai ins�ludvi an accWtrr6ig Of the tonic of Mufrria a mired 1m m the Pmperty amdmad r r ret ovcd ;l-tir deenied wld ar rwnow4 ptkn anto i¼raraph 6.C- for the mgr€h.. Lsf shall haalve the right M n!I to s*► Nc t tit during biisi s hom- and upon reasnaat th priihx .3t.ict In eXartri!iirand ebdit sith Yeordi r,1Ua3cc of It o1iice as v Cv the quaatfties rC 7afrardalh4 rentnveni, nn+d 3olJbd []k a clfraey of t1 s rI used t wih Lb -c MteSb,i l tLv evtnt c1 a di piite lstIVOL the parties with rpccL tc thc iuturtheni 1pg wt i i]g OF" th Matctiah or Gklc c,Ictrl nitro tax#" the nay tlr' rate, tht par*- Agr^•- 10 ;raf-:rain Loa hLmding areraEra₹; rri puruant jJ. takmis of ArrtiiI XIV. I North Star Pit 112 Reclamation Permit 15 Page NORTH STAR PIT 112 RECLAMATION PERMIT APPLICATION P•; i ' F'F '9; foss ' `l FMFt W. lrw I'�rtke. hivr, nL4iU[UJ this, I l� kt ef t1: = Ff1afi t f;1€t LESSOR; or a a v C4J.��. LI �'f.'+iS. fil�%�• �r+ �Y^. f 'r/- r -t'i$ 1L 6ik f LW E.SS EES gptrt Guf3elM SaMces Cn:7yl7 t'r' lid.. a 'GLOrz — "a- IjrFli d Ei lltiik''t�ca t'ziix, [iii& COUNTY OF WELD 1 Ap ren! vas oduiowledged me fl i E � # n 1 1 I I F b J Fel t Ing aL * y — F I Co. Cc r •• 1L M_v Ccm r�.tth-stole E.. tr S,_ _1.1cam- r kid ST.ATh OF C' a7:QRADO COgs i N t Y O1 WELD ) TI.34 .1t sr ini alas n i was k , 201 E, b MkhitR Millar Coiiuuy L. d- SUSAN C. MdCCCLWM Nofcry Public Stare of Colorado my hand and ojtciai rcaL beffir • Inc' this k' wi Pr knt of Sup rior i3 C. �tM' 11�� P401OFV SiaFe of colas day of W1Tt3SS my hand aid cffiresl icil y(2j/ r� 7 p try Public: [$iti!;TLKEPA~a:E,ro8_CsASE .dk ikVtEtcf3 North Star Pit 112 Reclamation Permit 161 Page NORTH STAR PIT 112 RECLAMATION PERMIT APPLICATION A'1~ra'AC II 1iiNT A Afft thed to that tveiahj Gror d Mining Lease Agreerrnen( dated f kf fiber ,5. 2.1)11 by urul lac-rti ern Ktm*g Ag. Co, a. Lessor and Superior 0a t:ld&rvleo Company, Ltd, us } se f 1. 1fle PE"4Jpcny geitcc d da.cr&tcd s w ('.'1i ws: Wes: I!&f (1Vti2) and tilt: 5uut t1asi Quarter (S UI4) nlSec-fion 22. 1 wSti a 12 Nr rlb, Rangc i 1. WccfjC ci the 6-' P.M. ii, Weld Cc:3 ty, t ci nr r3 1N \i$t' fitdss w -.M Eo E , tfi V i tcs ]-liv c cu'd tiis Lcil is (.C, h *ffft:tt'•-n &s afi SS Dftec:t3v K�_Ojlmn&lirn ''Y fib,: •e14 •bi1ity c 1 L7 i l North Star Pit 112 Reclamation Permit 171 Pate NORTH STAR PIT 112 RECLAMATION PERMIT APPLICATION A '['F -A - M E. +i A •'1fTkwl cda to that eer: rtt7 Grp t 4 :i!rf .+-fr I:nirl t -.f all C °rr.rnt dated (iclsober- �54 11 kr. crn '.' 't'{'ll /ooni.'r €6 ( n A .SLap �rcor Oi fIcLIf ] t° : k^= f t'xr sUaL-rd. it �' �Mj�a a 1R •fie P a- }+ y . .•, _ y Y-..�1� �el� ]'r �. 1 s. � Lfl d chi. )I ir41. �.� i �f }. trc ( ! ; .y p a J_ 'i T. .i ti'e-i wy. dL 6a 7 �i�a S�� •.�{t. 13� 1st y] -?I •.K F� yy yw J ++i yea F f' �(`�d �P! 1}�,I p � `� yf ! t . t.M. � .. ;�-i z.'k�.♦� ]� �f ril i♦�3 �ae.�`�i.. 1'Jj Iu�T 6 in �FL�i i.'i-•i;:rt 11 `Y'Illi t,'i lam! y�y L ) tl the & r(( j y to 4 1 p i(( ) j yy 'F pp .J {� 11�j 41 ! a REC)&, � 'S .b.�1 II1Ti�6A �[Lr+,.d.(L°I..] 4'�ii a �. �J�rl] �1, �% g I I�-�-1�� S�� fir IGyF Lill E1f �1 i1��+' 1 s q- �J�;rl �4 i'. ..1_�---•.-._—e',1 i + h!+ •NL.-- - - r - � _ r' . !1 r LV .SE.`, .'�f �,�, `tiT','lr 1� 1['li il�'id-.' i;~r iL. •..� '� !t n"Lud. C 1 r• !__1:x!4 ^ C ft sy-�1I Y 1,5'TF, Yip j L -at. h. � 1 North Star Pit 112 Reclamation Permit 201 NORTH STAR PIT 112 RECLAMATION PERMIT APPLICATION EXHIBIT 0 OWNERS OF RECORD OF AFFECTED LAND (SURFACE AREA) AND OWNERS OF SUBSTANCE TO BE MINED Konig Ag Co., is the owner of record and of the substance to be mined. EXHIBIT P - MUNICIPALITIES WITHIN TWO MILES There are no municipalities within two miles. Carpenter, Wyoming is approximately four miles north of the property and Hereford, Colorado is approximately five miles southwest (as the crow flies), EXHIBIT Q - PROOF OF MAILING OF NOTICES TO BOARD OF COUNTY COMMISSIONERS AND SOIL CONSERVATION DISTRICT m rq U.S. Postal ServiceT"' CERTIFIED MAIL® RECEIPT Domestic Mail Only For do. -t -. y intormabon, visit our website'at wwtY.usNs.Ceat41 `'. $3. C 43 N r C ..d $3.54 --- . ❑ Relum Receipt lhta�PY) $ " • ' Ratum Rece1Pt tisdocPY1 $ • O ❑ Retum Receipt (elecuonla) $ 1LiIi Postmark i� ❑ Retun Reoaipt (electcanlo) $ L ll 1 ❑CerlMed Mail Reetrloted Delivery $ iIiitii Here 0 ❑ Bedtfed Mail Reetrtated delkery $ C3 ❑Adult Slgnm um RequIred $ $(I U,�- ❑Rduft sbrature agiukod $ d Adult 8lgnehue Ratcridad Del ❑Mtu1!&gnature Raetdcted Deilvery $ ❑ klarl $ o P as $1.90 o Postage 11.90 - $ 44/26/2019 rout Pos"ge and �'q@q 24 Tom/ Postaos and F . 24 iT Son!7b. 7(a CrS enf O ��4r r t=C. ttr YY ii N- a a---JY.Jiiii.JJ�JafMYiMlN3i HJJ: JY 1I } J.7? W PO Y3i isi JiJ.(R .i Yy 4401 03 Postmark Here 014/26/2019 North Star Pit 112 Reclamation Permit 21 NORTH STAR PIT 112 RECLAMATION PERMIT APPLICATION EXHIBIT R - PROOF OF FILING WITH COUNTY CLERK AND RECORDER PLACED WITH WELD COUNTY CLERK AND RECORDER A COPY OF THE AMENDMENT APPLICATION FOR PERMIT # M2012-004 ON APRIL 26, 2019 AS PER NOTICE REQUIREMENTS. Receivedby: T CARL Y KOPPES WELD CO•) d'r( CLEA t & RECORDER 1402 gyp?iH 17TH AVENUE P a BOX 459 GRE€[EY, COLORADO 80632 North Star Pit 112 Reclamation Permit 22 NORTH STAR PIT 112 RECLAMATION PERMIT APPLICATION EXHIBIT S - PERMANENT MAN-MADE STRUCTURES The mining operation will not adversely affect the stability of any significant, valuable and permanent man-made structure located within 200 feet of the affected land as there are no structures on or adjacent to the site. North Star Pit 112 Reclamation Permit 231 Exhibit L - Reclamation Costs The following reclamation cost estimate is based on recia[ming the whole 27 acres at one time when mining is complete. As stated in the mining plan the shaping and sloping of the site will be done during the mining process, thus not requiring any cuts or fills needing to be done. Topsoil will be placed using a 25 - 30 yard scraper at the designed depth of 6'', The area will then be seeded with the approved seed mix being drilled and mulched as required. As stated no irrigation or fertilizer is anticipated to be used during the process. The revegetation cost figure used includes approved ssed mix, mulch, labor, drilling costs and mobilization from Greeley. A blade will be used to do the final grading both before and after topsoil placement. VOLUMES / AREAS > 27 acres to be reclaimed. > 21,600 cubic yards of topsoil to be placed at a depth of 6" over the 27 acres. ESTIMATED UNIT COSTS > Revegetation including all of the above mentioned items $600.00 per acre > Topsoil placement with scraper $1.10 per cu yd > Mobilization from Greeley per trip $450.00 per trip > Blade per hour $125.00 Per hour RECLAMATION COSTS > Topsoii placement - 21,600 Cu yds @ $1.10 / cu yd $23,761],00 > Revegetation @ $600 / acre for 27 acres $16,200.00 > Secondary revegetation of 9 acres @ $600 per acre $5,400.00 > Mobilization - four trips from Greeley and return with $2,800.00 scraper and blade. > 50 hours blade time. $6,250.{30 SUB -TOTAL > Insurance, Bond, Management & Profit > Administration Costs SUB - TOTAL TOTAL Recommended Bond Amout Current Bond Amount Additional Amount Required $53,410.00 $6,409.20 $2,670.50 $9,079.70 $62,489.70 $62,500.00 $ 30,100.00 $32,400.00 QLA rf: 04/03/2019 l'RE MININGX4..1 D MIXING I'I4NMA NORTH SJXR .FITAA.ENDMENT SUPERIOR OILFIELD SERVICES CO LTD VICINITY MAP (NOT JO SCALE) }t APPLICANT, SUPERIOR OILFIELD SERVICES CO LTD 2986 WEST 29TH ST. STE. pit GREELEY, CO 60631 LANOOWNFR: KONIC AG CO. 37231 HIGHWAY 14 BRIGGSDALE, CO 30611 VERTICAL DATUM- NAVDBB BASEL UPON OPUS SOLU11ON,. KORiZONTAL DATCUh4 COLORADO STATE PLANE COORDINATES NAD 83(2007) DATAM. HORIZONTAL CONTROL BASED UPON OPUS SOLUTION. NOTES: I. THIS DRAWING IS AT MODIFIED STATE PLANE, TD REDUCE TO STATE PLANE COORDINATES, SCALE AT 0,99978085 (1.006219198) ABOUT THE ORIGIN 0,0, 2, ALL PROPERTY PINS, INTERSECTION MONUMENTS, AND SECTION CORNERS DISTURBED DURING CONSTRUCTION MUST BE REFERENCED AND REPLACED UNDER THE SUPERVISION OF A LICENSED SURVEYOR. 3. THIS AUTOCAD CRAWING CONTAINS INFORMATION THAT IS NOT VISIBLE ON THE PLOTTED COPY• T4 OBTAIN ALL THE INFORMATION THAT IS AVAILABLE iN THIS DRAWING, ALL THE AUTOCAD LAYCRS MUST EL TURNED ON AND THAWED 4, THE SIZE, TYPE AND LOCATION OF ALL KNOWN UNDERGROUND + UTILITIES ARE APPROXIMATE WHEN SHOWN ON THESE DRAWINGS.. IT tB6421 • ` SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO VERIFY THE 75 37,5 0 75 15D 225 EXISTENCE OF ALL UNDERGROUND uRuTIES IN THE AREA OF THE WORK _ �pY�. _ ' *'' BEFORE COMMENCING NEW CONSTRUCTION. THE CONTRACTOR 34AL BE RESPONSIBLE FOR LOCATING AL UNOERGROUND UTILITIES AND SHALL z � ALL KNOWN UNDERGROUND UTAJTIES, - ?-�� SCALE IN FEET , •+ - BE RESPONSIBLE FORuN -,{ k r '^G + • 5, ALL PROJECT CONTRCL LISTED HEREON IS PROVIDED AS A w COURTH TESY. IT IS E RESPONSIOILJTY OF THE RECIPIENT CIPT TO VERIFY THE r _ - SrUIarA![ c- ,.i1 ?• 't s4*• ACCURACY OP THE COORDINATES AND ELEVATIONS SHOWN PRIOR TO ';.` °,.• • +alb j_ +� USING THEM FOR ANY PURPOSES, - - - " , 6. ANY LOT LINES, RIGHT OF WAYS OR EASEMENTS SHOI4N ARE • APPROXIMATE AND ARE NOT TO BE RELIED UPON FOR FUTURE �y_____. nswcsrenry,F MPROVEMENTS • ` 7. THERE ARE NO CREEKS OF MAN—MADE STRUCTURES WITHIN 200 y\ - _ _�. _____..t ' • _ . I, r� ', FEET OF THE PERMIT OOuNOARY. - __ _ _ 1 ,� B, E705TING VEGITATION: PASTURE LAND •_ __ ___ CERTIFICATION:+A'-- __ a `€t- -1 THIS MAP WA5 PREPARED BY KING SURVEYORS IN CONJUNCTION WITH --- -L�- T' +` I ' •T- `• + ' SUPERIOR OIL FIELD SERVICES CD (SOFsC). THE EXACT CONFIGURATO,N - --- h - ', OF THE MINING PONDS AND STOCKPILES MAY CHANGE TO RESPOND TO FELD CONDITIONS, 50FSC WILL KEEP THE CRMS INFORMED Or ANY P1 ERr"A 1�'. E3(;ra'fP i7[IN - `k yr ' CHANCES THROUGH ANNUAL REPORTS A5 NECESSARY THROUGHOUT THE `•5$te__\� �\ 1 r ' ' LIFE CF THE MINE _ A parcel of land located in the Southwest Quarter (SW1/4) _ .• +, .- 21 of Section Twenty—tw❑ (22), Township Twelve North __- •- `I as 'r,S `.... • (T.12N.), Range Sixty—three West (R.63W.), Sixth Prineipaf KOMG Meridian (6th PM), County of Weld, State of Colorado, +. -% i AG CO. more particularly described as follows: '-,: . _ .___' ,+ - -- iM La . COMMENCING at the Southwest corner of Section 22 and P _ - `N.•'�. • assuming the South line of said Section 22 as bearing `� �•. 1 N. North 88`57'4D" East, being a grid bearing of the Colorado h • - - '_•- • - State Plane Coordinate System, North Zone, North American ", - _ - - ~ Datum 1983/2067, with all bearings contained herein +7'p, relative thereto. ` .4 - ; THENCE Nortn 88'57'40' host along the South Ilse of said - -' , SW1/4 ❑ distance of 114494 feet to the PAINT OF €� �--j. BEGINNING, I . ,' J ' - ' rr,e ;rows[ THENCE North 31.47'58" West a distance of 1219,75 feat: -•; /'.• _ ' ' . ` H , 1 , THENCE North 685816" E❑st a distance of 106Q21 feat: 'H-1 • . � • h I• THENCE South 37'01'45' E❑st a distance of 129519 feet to � • ; ' '+ ° rn- the South line of sold SW1/4), . THENCE South 88.5740" West along said South line a ' !, ,` _ —�uc-: TANK distance of 1197-48 feet to the POINT OF BEGINNING. Said described parcel of loud containg 1,183,026 sq. ft, or •, ••,' - _ 27,!59 acres, more or less and is subject to any existing - , , `. t' easements and rFghts of way of record or as now existing ` '�.�� - on gold dea••cribed parcel of land, : - \•,4� V_ .�'' .. _ 'F`YYi 1, }} ILPh'-i,l p°.,. '"y •\ \ '• .`� .. ' a• a- IuP1ns 11 1✓Ltii 1', IIY. }ia 4 ,,„1 . \ • . r 1 h+,lfh ♦1 !,1 5 — — ,♦ ♦iy, k,,a,ln 1•, •, Ili l , ll•' rk,•,Ii,,,11„ . , _ �' ; 5'� y,N, ' • P , I , +1�;( , •! Lb5111'C lWSAYf a \+ PERMIT/ AFFEC LAND •- 'r I y v# .,, ;1'r ,P _ '- - _ - • - - r` ' TED BOUNDARY _ 1 +i7 die`, „\ `-- — - EDGE OF GRAVEL ROAD/ ACCESS - -- - - - - - -_ - - ' ___ ---_- e ka ` Y: :'!i,%: .i fl--- �� .y __—..vim.- ti--•— ---- RIGHT OF WAY WCR /38 ranrvr � X— PENCE LINE — — — — — - — ' — - +,-—r— 'a X�.zaas-..�71R ,��•, =7 =l�r—f=�i(—,r' - - - .E7E-- ONE FOOT CONTOUR ------=�— 5 FOOT CONTOUR --- SECTION LINE Yl WOOD POST POINT OF PETERS 313 RANCH INC, 2014190 _. __, 9Y: SJK JM O O N 7 «1 Cl) COO is V O J W ti z 00 v n "O U O U) C 0 S z cca CL OD OU Z 7 Z w QLO tL -J Z w V O Z tu cZ tu a I : Iii 0.. PRC.ECT Ak 2014190 I Y SHEET 1 OF 1 04/D3/2019 NOTES: 1 THE RECLAMATION PLAN IS TO RETURN THE SITE TD RANGELAND 2.UPON COIIPLEPO4 OF MINING. THE SLOPES WILL OE SHAPED TD A MAXIMUM 4:1 SLOPE - 3_A MINIMUM DE Six INCHES OF TOPSOIL WILL BE SPREAD OVER DISTURBED AREAS PRIOR TO RESEEDING 4.ALL DISTURBED AREAS WILL DE SEEDED WITH SPECIFIED SEED MIX. SEEDING SHALL OCCUR 3ETWEEN NOVEMBER ITT Ti1R000H APRIL 15TH IF POSSIBLE. ALL SEEDING SHOULD TAKE PLACE ON UNFROZEN SOIL 5,GRAS5 SEED WILL BE DRILLED MECHANICALLY WITH A NATIVE GRASS DRILL. BROADCAST SEEDING WILL DL PERMITTED ONLY ON SMALL AREAS NOT ACCESSIBLE TO MECHANICAL METHODS, SEEDING RATES WILL BE DOUBLED FOR BROADCAST SEEDING.. SA 4f M= SATI®X G3ASWJv♦V9 SEED MIX GAMMON NAME SCIENPFlC NAME R OF MIX DUD/NET?)' YELLOW SORCHASTRUM 20 LOLL? INDIANGRASS NUTANS LITTLE SCHIZADFLWLIM 10 1.05 BLUESTEM SCOPARIVN INDIAN ACHNATHERUM 5 1.80 RICEGRASS HYMENOIDES SIDEOATS BOUTELOUA 10 1.35 GRAMA CURTPENDULA )ANN ERAGROSTIS 10 030 LOVEGRASS TRIGHDDEs PRAIRIE CALAMO`4LFA 20 210 5ANOREEO LONGIFOLIA SWITCHGRASS PANICUM YIRGATUM 20 1.20 SAND ANDROPOGON S 0-e❑ DLUESTEM HALLII PECIES AND OR A MAY CHANGE EFA NEING UN AL ILNEIDFTA GFFWF NAEDt 11 40 PLS ¢/ACRE DRILLED, 22.8 PLS 0/ACRE ROADLAST SEEDED. 45 0 PLS #/ACRE SMALLER AREAS. LECPA ❑ PERMIT/ AFFECTED LAND BOUNDARY RIGHT OF WAY N N EXISTING FENCE LINE - • SECTION LINE ROLLASAL TION PLAN NOR TH STAR TITLMENRMANT SUPERIOR OILFIELD SERVICES CO LTD 1580.FL 5 R3 N A RI AR KONIG AG CO. L r IA OEAMN - _ - - _ _ - - _ - - -. ti. .+—rte . - A 1C -s° _ _ _ _ ,H+IGW9a], 79f POINT OF EPOAiM Y� 07MNS7 75 37S D 75 150 225 SCALE IN FEET APPLIC NT: SUPERIOR OILFIELD SERVICES CD LTD 2986 'NEST 29TH ST STE. #12 GREELEY, AD 90631 LAPELAMLR: KONIG AC CO, 37231 HIGHWAY 14 NAIFLUDNUE. CD 80611 CERTIFICATION' THIS MAP WAS PREPARED BY KING SURVEYORS IN CONJUNCDON WITH SUPERIOR OIL FIELD SERVICES CA (SOFSC), THE EXACT CONFIGURATDN OF THE MINING PONDS AND STOCKPILES MAY CHANGE TO RESPOND TG FIELD CDNDITION5. SOFSC WILL KEEP THE PEPS INFORMED OF ANY CHANGES THROUGH ANNUAL REPORTS AS NECESSARY THROUGHOUT THE DAM OF THE MINE. 000 -. -_sue -- -- 110}�kd• -- WCR 138 EBAMNAMO PETERS 313 RANCH INC. LAOA ELF NAME 2014180 )NALE_ 1"-75' DRAM BY, SJK RILCN 9Y LW L CAD CAM O Ln EAN CE 00 OIAM `) P~ C NC Ln NI } C V7 AM [M TO AM Y I�"3 E Cl • GE . CAD AD AM 0 --i.- S W w rc 0 S 0 Z 0 <IA J IA EL 0 A Z AM AM < oa �A <C p W0 Er 0 w 0 CT/: 2014194 I SHEET 1 OF 1 STATE OF COLORADO DIVISION OF RECLAMATION,. MINING AND e Department of Naturai Resources RE C EIV ED 1313 Sherman St., Roc- I COLORADO Denver, Colorado 8020. (� o L v 1 s 1 o N OF Phone (303) 866-3567 AP Q `/�Jrt _ /�J RECI�LIAMATIION FAX (303) 832-8106 (�( ff 10 INI ANDDCSAF Tr( SAFETY MINING CONSTRUCTION MATERIALS REGULAR (112) OPERATION N oI m RECLAMATION PERMIT APPLICATION FORM s n CHECK ONE: There is a File Number Already Assigned to this Operation o by Permit P M 20 004 - (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 2012 O.04 (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 (Cieotechnical Stability Exhibit and (3) the application fee. ' 'Fen 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 Sr bound or in a 3 -ring binder: maps should be folded to rn C D 8 1 /2" V 11 "' or 8 112" A 14" size. To expedite processing, please provide the information in the format and order described in this force cv C� m 3o GENERAL OPERATION IIdTORMATION Tope or print clearly, in the space provided, ALL information requested below. 1. 4. licantla erator or cam env name (name to be used on permit : Superior Oilfield Services Co., Ltd. Cl Type of organization (corporation, partnership, etc.): LLC 2. Operation name (pit, mine or site name): North Star Pit 3. Permitted acreage tnew or existing sited: 12.52 permitted acres 3.1 Change in acreage (+) 14.61 acres 3.2 Total acreage in Permit area 27.16 acres 4. Fees: 4.1 New Application 52,69b.00 application fee 4.2 New Qnrrty Application (p.342.00 quarry application 4.4 Amendment Pee 52,229.00 amendment fee 4.5 Conversion to 112 operation (set by statute) _ 2-69f .00 conversion Ar 5. Primers- commodities) to be mined: Sand Gravel 5.1 Incidental commoditie(s) to be mined: 1. Ihn.Tcnshrt 2. lbsn"Ionshrr 3. ,`_-- bsoTons/vr 4. / lbs/Tans/vr 5. 1 lbs;Tonslvr 5.2 Anticipated end use of primacy camnmoditie(s) to be mined: Roads & Drilling Pad Site Construction 5.3 Anticipated end use of incidental commodities) to be mined: ASER OILFIELD SERVICES Jack Miller, Vice President cell 970-573-8020 jack_m@laseroilfield.com Tim 2986 W 29th Street #12-13 Greeley CO 80631 970. 352.4444 970.353.0139 fax Iaseroilfield.com *zmrsOGJTa 1110ird STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone; (303) 866-3567 FAX: (303) 832-8106 CONSTRUCTION MATERIALS REGULAR (112) OPERATION RECLAMATION PERMIT APPLICATION FORM CHECK ONE: �v� There Is a File Number Already Assigned to this Operation COLORADO DIVISION OF RECLAMATION MINING & SAFETY Permit # M 20__QO4__-___ (Please reference the file number currently assigned to this operation) New Application (Rule 1.4.5) a Amendment Application (Rule 1.10) Conversion Application (Rule 1.11) Permit # M 2012 Q04 (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 81/21 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. I 2 3. GENERAL OPERATION INFORMATION Type or print clearly, In the space provided, ALL Information requested below. A H for or n me to be used on permit): 1.1 Type of organization (corporation, partnership, etc.): LIC Permitted acreage (new or existing site): 3.1 Change in acreage (+) 3.2 Total acreage in Permit area North Star Pit Superior Oilfield Services Co., Ltd. 4. Fees: 4.1 New Application 4.2 New Quarry Application 4.4 Amendment Fee 4.5 Conversion to 112 operation (set by statute) 5. eentmodDtrtD to be mined: Sand Gravel 5.1 Incidental commoditie(s) to be mined: 1. - IbsfTons/yr 5.2 12.55 permitted acres 14.61 acres 27.16 acres $2.696.00 application fee 23,342.00 quarry application $2,229.00 amendment fee $2,696.00 conversion fee 2. / lbsfToes/yr 3. / 1bs/ Tons/ +fir 4. 1 1bs/ Tons/pr A i lbs/ Tons/vr Anticipated end use of primary commodities) to be mined: Roads & Drilling Pad Site Construction 5.3 Anticipated end use of incidental commoditie(s) to be mined: -2- 6. 7 rA Name of owner of subsurface rishts of affected land: Konig Ag Co. If 2 or more owners, "refer to Exhibit O". Name of owner of surface of affected land: Konig Ag Co. Type of minims operation: Surface Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN (check one): iii 6th (Colorado) 10th (New Mexico) Ute SECTION (write number): S22 TOWNSHIP (write number and check direction): RANGE (write number and check direction): QUARTER SECTION (check one): QUARTER/QUARTER SECTION (check one): T 12 Q North Q South R 63 na East West SW❑ 9n9 NW it SE J SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): _ Six miles west and one mile north of Hereford, Co. Elevation is approx. 5480 feet. 10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (N) 39° 44' 12.98" (W) I04° 59' 3.87" Latitude (N): deg 40 min 59 see 18 .54 (2 decimal places) Longitude (W): deg 104 min 25 see 19 57 (2 decimal places) OR Example: (N) 39.73691' (W) -104.98449° Latitude (N) (5 decimal places) Longitude(W) (2 decimal places) OR Universal Tranverse Mercator (I1 T +I) Example: 201336.3 E NAD27 Zone 13 4398351.2 N UTM Datum (specify NAD27, NAD83 or WGS 84) Nad 83 keeling Northing Zone 13 -3- 11. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Contact's Name: Rids lust Title: President Company Name: Superior Oilfield Services Co., Ltd. StreetiP.O. Box: 2986 W 29th Street #12-13 P.O. Box: City: Greeley Colorado Zip Cu tlet oa80631 et Telephone Number: (970 ) - 3524444 Fax Number, X970 ) - 353-0139 rictm@Iaseroflf1e1d.com i.com PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Title: Company Name: Street/P.O. Box: P.O. Box: City: State: Zip Code: Telephone Number: { 1 - Fax Number: L.. TNSPECTION CONTACT Contact's Name: Jack Miller Title: V.P. Company Name: Superior Oilfield Services Co., Ltd. Street/P.O. Box: 2986 W 29th Street # 12-13 P.O. Box: City: Greeley Colorado Z State: ip Code: 80631 Telephone Number: (970 ) - 3524444 Cell 970-573-8020 Fax Number: {970 - 353-0139 jactm@Iaseroitfield.com CC: STATE OR FEDERAL LANDOWNER (if any-) Agency: Street: City: State: Telephone Number: ) - CC: STATE OR FEDERAL LANDOWNER (if any) Zip Code: Agency: Street: City: State: Zip Code: Telephone Number: { 1- ME 12. 13. Cropland(CR) Pastureland(PL) iii Rangeland(RL) E Forestry(FR) CI Residential(RS) El Recreation(RC) Developed Water Resources(WR) Cropland(CR) Rangeland(RL) Residential(RS) Pastureland(PL) Forestry(FR) Recreation(RC) Developed Water Resources(WR) General Agriculture(GA) Wildlife Habitat(WL) Industrial/Conimercial(IC) Solid Waste Disposal(WD) ffi General Agriculture(GA) Wildlife Habitat(WL) Industrial/Commercial(IC) 14. M thod of : Briefly explain mining method (e.g. truck/shovel): Front en oaders, dozers, scrapers, and excavators will be used. 15. On Site Processing: iii i Crushing/Screening IPA II11Itktr- a1 _ lip • • = k- • i�t; ai -1 = !.- -. e�• 4 _..r- t4= l = - 4 = • =r 1.- Viz. +� 1h� l List any designated chemicals or acid -producing materials to be used or stored within permit area: 16. Description of Amendment or Conversion: If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s). The operator is adding 14.61 acres to the permit boundary. - 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 1, and the Geowchnicai Stability Exhibit. Each exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for case 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 t .6.2(I)(b): EXHIBIT A Legal Description EXHIBIT B Index Map EXHIBIT C Pre -Mining and Mining Plan Map(s) of Affected Lands EXHIBIT D Mining Plan EXHIBIT E Reclamation Plan EXHIBIT F Reclamation Plan Map EXHIBIT G Water Information EXHIBIT H Wildlife Information EXHIBIT I Soils Information EXHIBIT I Vegetation Information EXHIBIT K Climate Information EXHIBIT L Reclamation Costs EXHIBIT M Other Permits and Licenses EXHIBIT N Source of Legal Right -To -Enter EXHIBIT O Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined EXHIBIT P Municipalities Within Two Miles EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Conservation District EXHIBIT R Proof of Filing with County Clerk or Recorder EXHIBIT S Permanent Man -Made Structures Rule 1.6.2(11(b) ADDENDUM I - Notice Requirements (sample enclosed) Rule 6.5 Geotechnical Stability Exhibit (any required sections) The instructions for preparing Exhibits A -S, Addendum 1, and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule 1.6.2(1)(b) of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required, or would like to schedule a pre -application meeting you may contact the Office at 303-866-3567. Restnonsibilities 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 npt understand these obligations then please contact this Office for a full explanation. 1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; -6- 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; i —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; ikr 5. It is your responsibility to notify the Office of any changes in your address or phone number; ✓ nnL 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. .1— 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. A".0. For joint venture/mu"tnn;hip 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 COMMENTORSIOB.ECTORS.' 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 docuument, The Office is not allowed to consider comments, unless they are written, and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process, you may contact the Office at (303) 866-3567. -8 - Certification: As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1. To the best of my knowledge, all significant, valuable and permanent man-made structure(s) in existence at the time this application is filed, and located within 200 feet of the proposed affected area have been identified in this application (Section 34-32.5-11.5(4)(c), C.R.S.). 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-1 I5(4)(f), C.R.S.; 3. As the applicant/operator, I do not have any extraction/exploration operations in the State of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section 34-32.5-120, C.RS.) as determined through a Board finding. 4. 1 understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class I misdemeanor pursuant to Section 18-8-503, C.R.S. This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112,CR.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to section 34-32.5-123, C.R.S. Signed and dated this 31& day of 4PRJ J-. _ If Corporation Attest (Seal) Applicant/Operator or Company Name Signed: Title: President Signed: Corporate Secretary or Equivalent State of ) ,hy County of t+�le_ 1 U The foregoin instrument was acknowledged before me this 3 day of r VI __,by C✓t - IL1 l' l k ✓ as � �' Y of JODI COX Notary Public State of Colorado Notary ID # 20144022503 My Commission Expires 06-05-2022 Town/City/County Clerk deLi Notary Public My Commission expires:rI 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 Ij NORTH STAR PIT AMENDMENT APPLICATION Exhibit A- Legal Description A parcel of land located in the Southwest Quarter (SW1/4) of Section Twenty—two (22), Township Twelve North (T.12N.), Range Sixty three West (R.63W.), Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, more particularly described as follows: COMMENCING at the Southwest corner of Section 22 and assuming the South line of said Section 22 as bearing North 88"57'40" East, being a grid bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2007, with oil bearings contained herein relative thereto. THENCE North 8857'40" East along the South line of said SW1/4 a distance of 1144.94 feet to the POINT OF BEGINNING; THENCE North 3147'58" THENCE North 885816" THENCE South 37'01'45" the South line of sold S THENCE South 88'57'40' distance of 1197.48 feet West a East a East a W1 /4); West c to the distance distance distance long said POINT 0 of 1219.75 feet; of 1060.21 feet; of 1295.19 feet to South line a 1' BEGINNING. Said described parcel of land contains 1,183,026 sq. ft. or 27.159 acres, more or less and is subject to any existing easements and rights of way of record or as now existing { on said described parcel of land. NORTH STAR PIT 112 RECLAMATION PERMIT APPLICATION EXHIBIT C PRE -MINING AND MINING PLAN MAP See attached. EXHIBIT D _ MINING PLAN (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; This site has been mined under an approved 112 permit since 2014. It is being amended due to an increase in acreage. The total permitted area will now be approximately 27.16 acres. Mining will be done from west to east working the material from the north to the south to the permit boundaries, this will be done once the west side bank has been daylighted through to the existing lower elevations added to the permit boundaries to be worked and included. (b) Earthmoving; Scrapers will strip the topsoil and overburden materials and place them in the designated areas for future use during reclamation. These areas will be at the south end of the permit area on the west side. Any excess material not needed for reclamation may be sold or hauled off -site during the life of the mine. The topsoil will be seeded if it is left undisturbed for more than one growing season. The site will be mined in one phase using scrapers, bulldozers, front-end loaders, excavators, or similar type equipment. Material will be fed to the crushing and screening operations by front end loaders picked up at the embankment areas and transported for processing. The plant sites for the crushing and screening will vary depending on what part of the site is being mined. The processed material will be stockpiled by conveyor or front end loaders depending on available space. There will be a ten foot set back left around the entire permit boundary with the exception of the west side that will be daylighted through to the existing ground level. The remaining sides will be worked at a 411 slope with the in place material being used for the slopes, thereby negating to need for fill material to be used for reclamation. The operator may import material from other sites. The applicant is aware that in accordance with Rule 3.1.5(9) of the Construction Material Rules and Regulations, if any offsite material is used as backfill, a notarized letter will be submitted to the Division indicating the materials are inert. The applicant will supply such a letter to the Division if, at the time of Reclamation, the applicant intends to use off -site material as backfill. (c) All waterdiranione and impoundments; and It is not anticipated that this operation will impact surface or groundwater. A water truck will be assigned to the site when in operation for dust control if needed. Water will be sourced from an industrial well leased by the operator approximately 2 miles north in Wyoming. An estimated 6,000 gallons per day will be used for dust control. North Star Pit 112 Reclamation Permit 4 V NORTH STAR PIT 112 RECLAMATION PERMIT APPLICATION Stormwater will be contained on site by berms placed in the correct areas. Stormwater will be controlled on site and released in a controlled manner to not damage off site areas in accordance with the operation's stormwater management plan. North Star Pit 112 Reclamation Permit 5 I P c. e NORTH STAR PIT 112 RECLAMATION PERMIT APPLICATION (d) The size ofarea(s) to be wrorked at any one time. The entire 27.16 acre site will be mined in one phase. If possible reclamation will be done in areas that have been completed and are out of the future mining activities. (e) An approximate Urble to describe the mining operation. The timetable is for me purpose of establishing to relationship between mining and reclamation wring the different phases of a mining operation. It is estimated that mining will be completed within five years, but the life of the operation is dependent on market demand. Any reclamation not done before the mining is completed will be finished post mining. (f) Use Mining Plan Map in conjunction with narrative to present: (1) Nature, depth and thickness of the deposit and thickness and type of overburden to be removed The thickness of the topsoil is 4to 6'. The overburden ranges from I foot to 2 feet. The sand and gravel resource is an alluvial deposit that ranges in depth from approximately ten to 16 feet. (1) Nature of the stratum immediately beneath the maters/ to be mined in sedimentary deposits The stratum immediately beneath the sand and gravel deposit is claystone with lenses of siltstone and sandstone bedrock. (g) Identify the primaryand secondary commodities to be mined/extracted and describe the Intended use. The primary commodities are sand, gravel and fill; intended for construction materials. (h) Name and describe the intended use of all expected incidental products to be mined/extracted by the proposed operation. There are no expected incidental products to be mined. (iJ SpecAfyifexplosives will be used in conjunction with the mining (or reclamation) No explosive material will be used on -site. North Star Pit 112 Reclamation Permit 6 I NORTH STAR PIT 112 RECLAMATION PERMIT APPLICATION EXHIBIT E - RECLAMATION PLAN (a) A description of me type(sj ofreclamation the Operator proposes to achieve in he reclamation of the a}nected/and; why each tens chosen, the amount ofacneage aceorded to each, and a general discussion ofIi*hods ofneclamadon as related to the machanks ofoaxfhmoring; Upon completion of mining, the slopes will be shaped to a maximum slope of 4:1 to connect with the existing grade on the perimeter of the property and the mined areas. The mined areas will be seeded to the grass mixture noted on the reclamation plan and returned to pasture land that the property owner can then dry land farm if he wishes. The level areas mined will be graded, top soiled and returned to pasture land graded to work with the surrounding elevations. (b) A compierison of the proposed post -mining land use to other land uses in the vxin* and to adfopteu'state and local/and use plaits andpnrograms. The proposed pasture land is compatible with the other land uses in the vicinity, which is essentially agricultural land. (c) A description ofhow the Reclanwhon Plan will be implemented he mast each applicable requirement of Section 3. I. The Operator will carry reclamation to completion with reasonable diligence. The site reclamation will be completed within approximately one year from completion of mining, but not more than two years from the date the Operator informs the Board or Office that such phase has commenced. Section r4 f.5Reclamutder Measures Material Handling. Grading of the upland area will be consistent with the existing pre -mining grades in this area which is appropriate for this use. When backftliing the upland, the operator will use overburden and non -saleable soils compacted for stability. Grading will be performed to help control erosion and siltation of the affected lands during mining, implementing good operation techniques to handle material as little as possible, and vegetation of stockpiles remaining in place for more than one growing season. Although the use of erosion protection devices is not anticipated, if deemed necessary by the operator at the time of excavation, silt fence and haybale dams will be installed to prevent erosion. Backfilling and grading will be completed as soon as feasible after the mining process is complete. Maximum slopes and slope combinations will be compatible with the configuration of surrounding conditions and land use. Mining will be done ate slope of 4:1 allowing for farming of the area post mining. Section 3. Lb Water-Gerwm/Rsquiruuwuiw. The Operator will comply with applicable Colorado water laws governing injury to existing water rights and with applicable state and federal water quality and dredge and fill laws and regulations. North Star Pit 112 Reclamation Permit 7 1 = NORTH STAR PIT 112 RECLAMATION PERMIT APPLICATION Section 3.1.7Groundhrater - Specific Requirements It is not anticipated that this operation will impact any groundwater. North Star Pit 112 Reclamation Permit 8 1 a NORTH STAR PIT 112 RECLAMATION PERMIT APPLICATION Section 3.1.8 WldlEfs The mining and reclamation plans have been designed to account for the safety and protection of wildlife on the mine site. Currently there is no significant vegetation or topographic stratification that contributes to wildlife habitat. The proposed seed mix will provide food, cover and nesting areas for wildlife. Section 31.9 Top Soiling: Topsoil shall be removed and segregated from other soil. Topsoil stockpiles shall be stored in places and configurations to minimize erosion and located in areas where disturbance by ongoing mining operations will be minimized. Once stockpiled, topsoil shall be re -handled as little as possible. Stockpiles that will remain in - place for more than one growing season will receive vegetative cover to minimize erosion. Section 3.1.l0Revegetatiorr. The land shall be revegetated in a manner that establishes a diverse, effective, and long-lasting vegetative cover that is capable of self -regeneration without continued dependence on irrigation or fertilizer and is at least equal in extent of cover to the natural vegetation of the surrounding area. Refer to the Reclamation Plan map for the proposed seed -mix. Section 11.11 Buildings and Structures No buildings will be impacted by this proposal. Section 3.1.17 Signs and Markers The Operator will post appropriate signage at the entrance to the mine site. The permit area will be marked by existing fencing, or proximity to existing County roads. d) Plans for topsoil segregation, preservation and replacement; for stabilization, compaction andgrading ofspoil; and for re vegetation Topsoil shall be removed and segregated from other soil. Please refer to the Mining Plan Map in Exhibit C for general locations of stockpiles. For reclamation, topsoil will be replaced by a scraper and generally graded with a blade. Grading shall be done in a manner that controls erosion and siltation of the affected land to protect areas outside the affected land from slides and other damage. In addition, backfilling and grading shall be completed as soon as feasible after the mining process. Final grading will create a final topography that is appropriate for the final land use. Topsoil will be uniformly placed and spread on areas disturbed by the mining. The minimum thickness shall be 6 inches above the surrounding finished grade. The topsoil shall be keyed to the underlying and surrounding material by the use of harrows, rollers or other equipment suitable for the purpose. The Operator will revegetate the land in such a manner so as to establish a diverse, effective, and long-lasting vegetative cover that is capable of self -regeneration without continued dependence on irrigation or fertilizer and is at least equal in extent of cover to the natural vegetation of the surrounding area. North Star Pit 112 Reclamation Permit 9 I R ,i c. e NORTH STAR PIT 112 RECLAMATION PERMIT APPLICATION a) A plan or schedule indicating ho wand when reclamation will bye implemented. Include: 1) An estimate ofthe pet/ads of Wine wh/ch will be required for the various stages or phases ofrrec/antion. Reclamation of the site wilt be completed within approximately one year after mining is complete, but no longer than two years. Please note that the schedule is an estimate based on current market conditions. The timing may vary depending upon the demand for construction material, which may impact the life of the mining operation. 2) A description of a. Fina/grading- maximum anticipated slope gradient or expected ranges thereof, The maximum anticipated slope gradient will be 4:1. 3) Seeding - types, mu lures, quantifies and time of application; The operator will seed during the appropriate season to ensure adequate moisture for germination and implement weed controls to allow the grasses to successfully establish. Native Sandy Grassland Seed Mix Common Name Scientific Name % of Mix PLSIAcre Yellow Indiangrass Sorghastrum nutans 20 3.00 Little Bluestein Schizachyruim scopariun 10 1.05 Indian Ricegrass Achnatherum hymenoides 5 1.80 Sideoats Grama Bouteloua curtipendula 10 1.35 Sand Lovegrass Eragrostis trichodes 10 .30 Prairie Sandreed Calamovilfa longifolia 20 2.10 Switchgrass Panicum virgatum 20 1.20 Sand Bluestein Andropogon hallii 5 0.60 Species and/or % may change depending on availability. Seeding rate: 11.40 PLS #/acre drilled, 22.8 PLS#.acre broadcast seeded, 45.0 PL/acre smaller areas. a. Fertilization -types, mixtures, quantities, and time of application; It is not anticipated that any fertilizer will be necessary. If it is, the type and application rate of fertilizer shall be determined based on a soil test at the time of final reclamation. North Star Pit 112 Reclamation Permit 40 1 P <≤ �. NORTH STAR PIT 112 RECLAMATION PERMIT APPLICATION b. Re vegetation — types of trees, shrubs, etc.; and No trees or shrubs will be planted as the area is too and to naturally sustain them. c. Top Soiling - specifyanitcipratedminimum depth or range of depths for those areas where topsoil will be replaced Topsoil will be uniformly placed and spread on all areas disturbed by the mining to a minimum thickness of 6 inches. WEED MANAGEMENT PLAN The operator will monitor and control noxious weeds mechanically, by mowing and/or disking. If necessary, weeds will be killed with a contact herbicide by a person who is certified to purchase and handle the herbicides. EXHIBIT F - RECLAMATION PLAN MAP See attached. EXHIBIT G -- WATER INFORMATION The operation is not expected to directly affect surface or groundwater systems. EXHIBIT H -- WILDLIFE INFORMATION (1) The Operator/Applicant shall include in this Exhibit a description ofthe gar ee and non game resources on and in the vicinity of the application area, including; a) A description of the significant wildlife resources on the affected/and; There are no significant wildlife resources on the site as this site has been disturbed by mining for over 18 months. Prior to that the site was regularly disturbed as it was cultivated agricultural land (and it is surrounded by cultivated agricultural land). The NRCS characterizes this site as Loamy Plains and 'Gravel Breaks" with low plant density (refer to Figure 1 on the next page for illustrative graphic). We have incorporated several of the grasses historically on the site (Little Bulestem, Sideoats Drama) into our seed mix to help improve the site's wildlife value post -reclamation. North Star Pit 112 Reclamation Permit 11 E W Exhibit L - Reclamation Costs The following reclamation cost estimate is based on reclaiming the whole 27 acres at one time when mining is complete. As stated in the mining plan the shaping and sloping of the site will be done during the mining process, thus not requiring any cuts or fills needing to be done. Topsoil will be placed using a 25 - 30 yard scraper at the designed depth of 6". The area will then be seeded with the approved seed mix being drilled and mulched as required. As stated no irrigation or fertilizer is anticipated to be used during the process. The revegetation cost figure used includes approved ssed mix, mulch, labor, drilling costs and mobilization from Greeley. A blade will be used to do the final grading both before and after topsoil placement. VOLUMES / AREAS > 27 acres to be reclaimed. > 21,600 cubic yards of topsoil to be placed at a depth of 6" over the 27 acres. ESTIMATED UNIT COSTS > Revegetation including all of the above mentioned items > Topsoil placement with scraper > Mobilization from Greeley per trip > Blade per hour RECLAMATION COSTS > Topsoil placement - 21,600 cu yds @ $1.10 / cu yd > Revegetation @ $600 / acre for 27 acres > Secondary revegetation of 9 acres @ $600 per acre > Mobilization - four trips from Greeley and return with scraper and blade. > 50 hours blade time. SUB - TOTAL > Insurance, Bond, Management & Profit > Administration Costs SUB - TOTAL TOTAL Recommended Bond Amout Current Bond Amount Additional Amount Required $600.00 per acre $1.10 per cu yd $450.00 per trip $125.00 Per hour $23,760.00 $16,200.00 $5,400A0 $1,800.00 $6,250.00 $53,410.00 $6,409.20 $2,670.50 $9,079.70 $62,489.70 $62,500.00 $30,100.00 $32,400.00 NORTH STAR PIT 112 RECLAMATION PERMIT APPLICATION EXHIBIT 0 — OWNERS OF RECORD OF AFFECTED LAND (SURFACE AREA) AND OWNERS OF SUBSTANCE TO BE MINED Konig Ag Co., is the owner of record and of the substance to be mined. EXHIBIT P -- MUNICIPALITIES WITHIN Two MILES There are no municipalities within two miles. Carpenter, Wyoming is approximately four miles north of the property and Hereford, Colorado is approximately five miles southwest (as the crow flies). EXHIBIT Q — PROOF OF MAILING OF NOTICES TO BOARD OF COUNTY COMMISSIONERS AND SOIL CONSERVATION DISTRICT N Id7 ci Lfl rR GREEtEYi. CO 8063* Cerlfied Mail Fee 3 • X41 - - 0401 $ 32 )30 15 Extra Serv{Ces & FOaS (check box, add Ise gsoapip4ate) ❑ Datum Receipt thardcopy} $ 7 �r-ff •VVyyy�� ❑ Return Receipt (etectren[cl $ $0.00 Postmark ❑Certified Mail Restricted OaGvery $ dt fu")_ Here ❑ Adult Signature Required $ ❑Adult Signature Restricted Delivery $ Postage $1.45 Total Total Postage and Fees lw)� 1.f5 o - m N U, CO a C s $2.8') Extra Services & Fees ichack bar, aid (eak are) ❑ Retum Receipt Ihardmpy $ ❑ Return Receipt (edactmnic) $ ' ❑ Cad fled Mall Restricted Delivery-- o Mull Signature Required $ �u • r14' ❑ Adult Signature Restricted Delivery $ •75 Postmark Here 04/09/2019 N Sent To Sfreef andApt. No., or Sax No. .------------------------------------ North Star Pit 112 Reclamation Permit 211 NORTH STAR PIT 112 RECLAMATION PERMIT APPLICATION EXHIBIT R - PROOF OF FILING WITH COUNTY CLERK AND RECORDER PLACED WITH WELD COUNTY CLERK AND RECORDER A COPY OF THE AMENDMENT APPLICATION FOR PERMIT #, M2012-004 ON APRIL,8�019 AS PER NOTICE REQUIREMENTS. Q CARLY KOPPES WELD r0UNTY CLERK & RECORDER North Star Pit 112 Reclamation Permit 22 1 VICINITY MAP (NOT TO SCk1) PROPERN DESCRIPTION A parcel of land located in the Southwest Quarter (SW1/4) of Section Twenty—two (22). Township Twelve North (T.12N.), Range Sixty—three West (R•63W.), Sixth Principal Meridian (6th P.M.). County of Weld, State of Colorado, more particularly described as follows: COMMENCING ut the Southwest corner of Section 22 and assurning the South line of said Section 22 as bearing North 88.5740' East, being a grid bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2007, with all bearings contained herein relative thereto. THENCE North BB -57'40" East along the South line of sold WW1 /4 a distance of 1144.94 feet to the POINT OF BEGINNING; THENCE North 31'47'58" West a distance of 1219.75 feet; HENCE North 88'5B'16" East a distance of 1060.21 feet; THENCE South 37'01'45" East a distance of 1295.19 feet to the South line of said SW1/4); THENCE South 88'57'40" West along said South line a distance of 1197.48 feet to the POINT OF BEGINNING. Said described parcel of land contains 1,183,02E sq. ft. or 27.159 acres, more or less and is subject to any existing easements and rights of way of record or as now existing on scid described parcel of land, LEGEND PERMIT/ AFFECTED LAND BOUNDARY PROPOSED STOCKPILE AREA PROPOSED PIT BOUNDARY - EDGE OF GRAVEL ROAD/ ACCESS ----- RIGHT OF WAY x N— FLNCE LINE ----- .e+c-- ONE FOOT CONTOUR -------483--- 5 FOOT CONTOUR --- SECTION LINE W WOOD POST Fill? -MINING AND MINING FLANM,4F SSJC 5525_____ -` - ---- __-- -.. 56ts--_-------_ -- I \i •♦ 1 �� :•i\, r 1 EVSIIYI: NORTH STAR PIT ` SUPERIOR OILF'IEIJ) SERVICES CO LTD } S - 1 • I 3 I 1 1 I , 1 1 1 '', --- ---------- __ -------- -- -- •3 • I. I. 1r b ti M1 � KONTG AG CO. r rn 75 37.5 0 75 150 225 SCALE IN FEET _ _ _ _ st9'6Y4t111 — PETERS 313 RANCH INC. APPLICANT; SUPERIOR OILFIELD SERVICES CO LTD 1011 11TH AVENUE GREELEY, CO 80631 LANDOWNER: KONIG AG GO. 37231 HIGHWAY 14 BRHGGSDALE, CO 80611 VERTICAL DATUM: NAVD8B BASED UPON OPUS SOLUTION. HORIZONTAL DATUM: COLORADO STATE PLANE COORDINATES NAD 83(2007) DATUM. HORIZONTAL CONTROL BASED UPON OPUS SOLUTION. MOVES 1 S DRAWtNC IS AT MODIFIED STATE PLANE. TO REDUCE TO STATE 'PLANE COORDINATES. SCALE AT 0.99978085 (1,000219198) ABOUT THE ORIGIN D.C. 2. ALL PROPERTY PINS. INTERSECTION MONUMENTS. AND SECTION CORNERS DISTURBED DURING CONSTRUCTION MUST BE REFERENCED AND REPLACED UNDER THE SUPERVISION OF A LICENSED SURVEYOR. 3. THIS AUTOCAD DRAWING CONTAINS INFORMATION THAT IS NOT VISIBLE ON THE PLOTTED COPY. TO OBTAIN ALL THE INFORMATION THAT IS AVAILABLE IN THIS DRAWING. ALL THE ALTOCAD LAYERS MUST BE TURNED ON AND THAWED. 4. THE SIZE, TYPE AND LOCATION OF ALL KNOWN UNDERGROUND UTILITIES ARE APPROXIMATE WHEN SHOWN ON THESE DRAWINGS. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO VERIFY THE EXISTENCE OF ALL UNDERGROUND UTILITIES IN THE AREA OF THE WORK BEFORE COMMENCING NEW CONSTRUCTION. THE CONTRACTOR SHALL BE R€SPONSIBLE FOR LOCATING ALL UNDERGROUND UTILITIES AND SHALL BE RESPONSIBLE FOR ALL UNKNOWN UNDERGROUND UTILITIES. 5_ ALL PROJECT CONTROL LISTED HEREON IS PROVIDED AS A COURTESY. IT IS THE RESPONSIBILITY OF THE RECIPIENT TO VERIFY THE ACCURACY OF THE COORDINATES AND ELEVATIONS SHOWN PRIOR TO USING THEM FOR ANY PURPOSES. 6. ANY LOT LINES, RIGHT OF WAYS Cl EASEMENTS SHOWN ARE APPROXIMATE AND ARE NOT TO BE RELIED UPON FOR FUTURE IMPROVEMEN'TS- 7. THERE ARE NO CREEKS OF MAN-MADE STRUCTURES WOTHIN 200 FEET OF THE PERMIT BOUNDARY. B. EXISTING v£GITATICN: PASTURE LAND CERTIFICATION: THIS MAP WAS PREPARED BY KING SURVEYORS IN CONJUNCTION WITH SUPERIOR OIL FIELD SERVICES CD (SOFSC). THE EXACT CONFIGURATION OF THE MINING PONDS AN3 STOCKPILES MAY CHANGE TO RESPOND TO FIELD CONDITIONS. SOFSC WILL KEEP THE DRMS INFORMED OF ANY CHANGES THRDUGH ANNUAL REPORTS AS NECESSARY THROUGHOUT THE LIFE OF THE MME. PRELIMINARY SUPERIOR OIL FIELD SERVICES CO LTD 07/03/16 N aYE 2014190 Ln Q Z -J Co i]L � Z_ S Li OQ Z w Q J \7c00 ^ rV O 2 o! d I N 190.51e-5xaree.ne -C 138PROJECT YY A - - - � 20ta190 I SHEET I OF 1 NOTES: 1. THE RECLAMAT10N PLAN IS TO RETURN THE SITE TO RANG`ELANO 2. UPON COMPLETION OF MINING. THE SLOPES WILL BE SHAPED TO A MAXIMUM 4:1 SLOPE 3. A MINIMUM OF SIX INCHES OF TOPSOIL WALL BE SPREAD OVER DISTURBED AREAS PRIOR TD RESEEDING. 4. ALL DISTURBED AREAS WALL BE SEEDED WITH SPECIFIED SEED MIX. SEEDING SHALL OCCUR BETWEEN NOVEMBER 1ST THROUGH APRIL 15TH IF POSSIBLE. ALL SEEDING SHOULD TAKE PLACE ON UNFROZEN SOIL. 5. GRASS SEED WALL BE DRILLED MECHANICALLY WTH A NATIVE GRASS DRILL BROADCAST SEEDING WILL BE PERMITTED ONLY ON SMALL AREAS NOT ACCESSIBLE TO MECHANICAL METHODS, SEEDING RATES WILL BE DOUBLED FOR BROADCAST SEEDING. NATIVE SANDY GRASSLAND SEED M COMMON NAME SCIENTIFIC NAM€ % OF MIX YELLOW SORGHASTRUM 20 INDIANGRASS NUTANS LITTLE SCHIZACHYRUIM BLUESTEM SCOPARIUN 10 INDIAN ACHNATHERUM 5 RICEGRAS5 HYMENOIDES SIDEOATS BOUTELOUA 10 GRAMA CURTIPENDULA SAND ERAGROSTIS 10 LOVEGRASS 1RICHODES PRAIRIE CALAMOVILF.A 20 SANDREED LONGIFDUA SWITCHGRASS PANICUM 20 VIRGATUM SAND ANDROPOOON BLUESTEM HALLII 5 SPECIES AND OR Z MAY CHANGE DEPENDING ON AVAIL EEDING - 11.40 PLS #/ACRE DRILLED, 22.8 PLS I BROADCAST SEEDED, 45.0 PLS #/ACRE SMALLER AREA LEGEND PERMIT/ AFFECTED LAND BC ----- RIGHT OF WAY EXISTING FENCE LINE -- _- SECTION LINE PRELIMIIVAKY SUPERIOR OL FIELD SERVICES CC LTD RECLAMA TI0NPLAN NORTH ST" PIT SUPERIOR OILFIELD SERVICES CO LTD I PETERS 313 RANCH INC. 12/20/2617 Rwe: 201419D DRAW BY: 55/TJ C1EcKO Bt w 7; ON O N 00 CO ✓� � x 4 � OC / W Cn rID a 00 Q � � u C C — L InD', C a z Q U1 J W CL_ u s z cr 1- 0 Q 1 J W Q J Q U w Li.1 0_ 7 to PR0.LCT t 2014190 I Division of Reclamation, Mining, and Safety Fee Receipt for M2012004 Superior Oilfield Services Co., LTD Rick Miller 2986 W 29th St., #12-13 Greeley Cele:III*TiLIIIIIII� Check #1033 14300-MAMD I Minerals Amendment Fees User: sdt Payer: Laser Oilfield Services Receipt #: Date: Permit: 28440 04/09/2019 M2012004 $2,229.00 Receipt Total: I $2,229.00 Page 1 of 1 Hello