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HomeMy WebLinkAbout20221705.tiffCIVIL RES'VURCES,LLC ENGINEERS & PLANNERS June 29., 2022 Mr. Rob Zuber Division of Reclamation, Mining, and Safety 1313 Sherman Street, Room 215 Denver, Colorado 80203 RECEIVED JUN 2 9 2022 WELD COUNTY COMMISSIONERS RE: Monarch-DENM Gravel Mine, File No. M-2022.009, 112c Permit Application, Third General Adequacy Review and Geotechnical Review Response Dear Mr. Zuber: This letter is being generated to satisfy the preliminary review dated June 29", 2022 for the Monarch DENM Gravel Mine. The italicized items are the current comment and the bold text are the responses: Mr. Regan: The Division of Reclamation, Mining and Safety (Division/DRMS/Office) reviewed the contents of your adequacy responses (letter dated June 8, 2022) for the Monarch-DENM Gravel Mine, File No. M-2022-009 and submits the following additional comments. The following headings indicate the item number from the preliminary adequacy review letter. Item #1 No additional response required. Item #2 No additional response required. Item #19 In the Weed Management Plan (begins on page E-6), please make the following revisions: I In the first paragraph of this section, add the following sentence to the end, "Efforts to address List C species will follow guidelines of Weld County weed experts." Added, see the attached Exhibit E. The third paragraph (starting with "The presence of noxious weeds will be monitored annually ...") should be deleted. It is the Division's policy to require mine operators to control weeds when they are identified. It is not appropriate to allow weeds to reach a certain percentage of species or percentage of cover prior to implementing control practices. Removed, see the attached Exhibit E. Item #25 Per our conversation on June 9, 2022, the Division requires that an underdrain be added to the Mining Plan and associated map (Exhibits C and D) with a commitment that this will be built prior to slurry wall construction. Two underdrains have been added to the Mine Plan Map Exhibit C-5 south of Cell 1 and Cell 3, the upgradient side of the site. The following text has been added to the Mining Plan, Exhibit D: There will be no mining below the groundwater table until the slurry wall is complete, tested and approved for each slurry wall lined cell. In order to mitigate mounding upgradient of the site two underdrains will be constructed prior to slurry wall construction on the southern end of Cell 1 and Cell 3. A mounding and shadow 323 FIFTH STREET • P.O. BOX 680 • FREDERICK, COLORADO 80530 • PHONE: 303.833.1416 • FAx: 303.833.2850 Pu bl: G Rev: a cJ cc:pi,(rp), p,J(m/cH/ER/cw) a02a -170S 7/20/22 7/ILI/22 Page 2 Mr. Rob Zuber June 3, 2022 groundwater model will be performed prior to construction to inform the design and necessity of the underdrains. The model will be provided to the Division when available. If the model demonstrates that excessive mounding is not anticipated at the site, MMMA may apply fora Technical Revision to remove either or both underdrains from the Mine Plan. Prior to starting construction of any slurry wall, the applicant shall apply fora Technical Revision with a slurry wall design and underdrain design report. Item #32 No additional response required. Regarding the geotechnical analysis, no additional response is required. The Division has looked closer at Exhibit L, Reclamation Costs, and has the following additional adequacy items. In the context of these items, please update Exhibit L or other portions of the application, as appropriate. Item #L1 Explain the fact that the cost estimate covers concrete pads and foundations, but there are no costs for the superstructures. Please add these costs. In particular, add costs for the large concrete silos. Lump sumps have been included for demolishing disposing of the drying and screening building and the concrete silos. The wash plant and scale will be portable. Item #L2 In your adequacy response of June 3, 2022 (Item #12), you stated that "a large quantity of overburden is not anticipated to be utilized in reclamation." Does this address the backfilling operation at the freshwater and siltation ponds? In the Exhibit L table, the costs for backfilling these ponds are substantial, suggesting that there maybe hauling costs in the total amounts in Section B. of the table. Please clarify and elaborate on the location of stockpiles to be used for backfilling. This statement was meant to point out that large quantities of overburden will not be utilized in the 3:1 reclamation slopes since they will be mined at a 3:1 which is why there is no line item for this in each of the slurry wall lined cells. The overburden for the reclamation of the Fresh Water Ponds and Siltation Ponds will come from the stockpile north of the plant. Item #L3 Explain the differences between Exhibit L and the Mining Plan Map, C-5. In particular, the volumes in Section B of the Reclamation Costs (reclamation of the Freshwater Pond and the Silt Pond) require explanation when compared to the volumes listed on C-5. For example, on the map the volumes for the Siltation Pond are 826,300 CY for AG and 130,600 CY for 0B), and in the cost table the value is 655,000 CY (prior to multiplying by 50%). The Freshwater Pond is approximately 12 acres and will have 1' of topsoil placed in the pit which is already accounted for in line item B.4. The topsoil placed is approximately 20,000 cy. The total volume of material extracted from the pit is 422,000 cy minus 20,000 cy equals 402,000 cy. I have changed the calculation for the siltation pond to the following reasoning. MMMA only needs 10 acres of siltation pond open at a time. The whole pond is approximately 25 acres. The total material removed is 956,900cy and topsoil added to the pit is approximately 41,000cy. The whole pit will require 915,900 cy of overburden to fill the whole 25 acre pit. 915,900 cy/ 25 acres = 36,636 cy/acre. 36,636 cy/acre x 10 acres x 366,000 cy of fill needed per 10 acres. Page 3 Mr. Rob Zuber June 3, 2022 Item #L4 Explain the reason for multiplying by 50% for the volume of the Siltation Pond. Will this pond be large enough to function properly? The 50% has been changed to 10 acres open at one time per the reasoning above. Item #L5 Explain the difference between the unit cost in the text of Section F. for slurry wall costs ($6.92 per SF) and the value in the table ($5.12 per SF). Also, for the slurry wall costs, please include a bid from a contractor to support your estimate. $6.92 was left over from a different project that had a deeper site. $5.12 per SF for the slurry wall curtain was the average of bids we received fora different project with similar depth which has been included with this letter. Item #L6 Add costs for the construction of the underdrain at Cell 1. Please include a bid from a contractor or other supporting documentation. Costs have been added for the construction of the Cell 1 underdrain and a bid from Fischer Construction including the cost of providing and installing the 6" PVC. The Division is currently required to issue an approval or denial decision no later than July 1, 2022. If your organization cannot address the concerns in this letter by June 30, 2022, please request an extension to an appropriate date (allowing the Division at least two days for review time). Attachments included with this letter: Exhibit C-5 Mining Plan Map Exhibit D — Mining Plan Exhibit E — Reclamation Plan Exhibit L — Reclamation Costs Summary of slurry wall bids Underdrain Bid Tab Please feel free to contact me with any questions or concerns. CIVIL RESOURCES, LLC Kyle Regan J:1Quikrete - 2821Monarch DENMORMS1CorrespondenceORMSIAdequacy1Adequacy 21Adq-2-2022-009_Response.doc PROPER/1' LAME $ SECTION UNE PFO ER/Y [1K MINE SLOPE PERMIT BOUNDARY •• MINE ENTRANCE N 40'19'15.77' W 104•41E40.22" OVERBURDEN STOCK PILE AREA (9 ACRES) PLANT SITE 30' MINE UM TO SLURRY W APPROXIMATE EAGLES NEST TYPICAL SECTION - MINING SLOPE NOT TO SCALE FRESH WATER POND - 1 (PHASE 1) AC 755 AG 397,200 CY (60% RECOVERY) SM-CC OB 24,728 CY 0.8 YEARS SCALE MOUSE Y 60 DRYING AND SCREENING BUILDING URGE PILE HIM CELL 4 (PHASE 5) Fac AG 5,315,500 CY I OB 442,200 CY 10.6 YEARS SLURRY WALL BEDROCK PROPOSED CONVEYOR ALIGNMENT AND ACCESS ROAD • uWWA4AE0 J \_ APAW 11 SILTATION POND(PHASE 1) AG 826,300 CY (60% RECOVERY) OB 130,600 CY 1.7 YEARS FRESH WATER POND (PHASE 5) AG 286,700 CY (60% RECOVERY) O9 46,800 CY 0.6 YEARS START UNDERDRAIN - SEE DETAIL (THE NECESSITY AND DESIGN OF THE UNDERDRAIN WILL BE DETERMINED WITH A MOUNDING/SHADOW MODEL WHICH WILL BE PROVIDED BY TECHNICAL REVISION TO THE DIVISION FOR REVIEW PRIOR TO CONSTRUCTION OF THE FIRST SLURRY WALL) CELL 3 (PHASE 4) AG 6,587,500 CY O9 296,400 CY 13.2 YEARS END UNDERDRAIN DISCHARGE TO UNNAMED SLOUGH - 700 YEAR F1000 PLAIN 69 FROM DCP GAS LINE TO MINE LIMIT LEGEND: CELL 2 (PHASE 3) AG 3,469,200 CY O9 215,600 CY 6.9 YEARS 30' MIN MINE LIMIT TO SLURRY WALL Ra. PROPOSED PERMIT BOUNDARY SLURRY WALL ALIGNMENT PROPOSED MINE LIMIT PROPOSED MAJOR CONTOUR PROPOSED MINOR CONTOUR EXISTING BARBED WIRE FENCE EXISTING EDGE OF PAVEMENT EXISTING EASEMENT SECTION LINE EXISTING RIGHT OF WAY PROPOSED CONVEYOR EXISTING GAS LINE EXISTING WATER LINE PROPOSED ACCESS ROAD EXISTING DIRT ROAD FLOOD PLANE EXISTING BURIED ELECTRICAL EXISTING OVERHEAD ELECTRICAL EXISTING FIBER OPTIC WATERWAY MONITORING WELLS ELECTRICAL BOX OVERHEAD ELECTRIC P9LE t- NCR ?55 END UNDERDRAIN DISCHARGE DITCH CELL 1 (PHASE 2) AG 2,113,600 CY OB 50,900 CY 4 YEARS 21' S WALL AKA MIN NE LIMIT SLURRY WALL START UNDERDRAIN - SEE DETAIL (THE NECESSITY AND DESIGN OF THE UNDERDRAIN WILL BE DETERMINEC WITH A MOUNDING /SHADOW MODEL WHICH WILL BE PROVIDED BY TECHNICAL REVISION TO THE DIVISION FOR REVIEW PRIOR TO CONSTRUCTION OF THE FIRST SLURRY WALL) PREPARED UNDER THE SUPERVISION OF QUAUFIED AS A,rROFESSIONAL GEOLOGIST AS DEFINED B COLORADO STATUTE. CaM CIVIL RLS1IURCCS 8308 COLORADO BLVD SUITE 200 FIRESTONE, CO 80504 303.833.1416 W W W.CIVILRESOURCES.COM MONARCH MOUNTAIN MIA 5 CONCOURSE PKWY. SUITE 1900 ATLANTA. GA 30325 720.219-5554 (p) ERIC LEIGH MON D REVISIONS DESCRIPTION DESIGNED NY: DRAWN BY. fl_ CHECKED BY'. 111L )05 NO.: DWG NAMEJJ-05-MINE PLAN AND REC P WELD COUNTY, DATE: 8/2112021 SCALP-M.10UL AS NOTED MINING PLAN MAP EXHIBIT D — MINING PLAN The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.4 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: (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; The permit area includes a significant deposit of sand and gravel located in the alluvium of the South Platte River in Weld County. The site is located west of Highway 60, north of Weld County Road 40.5, and east and south of the South Platte River. It encompasses 545.90 acres (plus or minus) and consists of four slurry wall lined pits, an unlined Siltation Pond, and two Fresh Water Ponds. Site Preparation: Initial disturbance on the property will be stripping overburden from Fresh Water Pond 1 and the Siltation Pond to establish the plant footprint and construction of site berms. Mining will then commence in these phases once the plant has been established. During preparation of the Plant, Fresh Water Pond and Siltation Pond, roads will be established from the entrance to the plant area and to the office. A scale with a scale house will be installed along the exit road in the plant area. A drying and screening building will be constructed at the east end of the plant site in the initial phases of the mine. The miner will utilize the existing buildings in the west of Cell 4 as the office until the point when mining progresses to the buildings. Existing Structures: The site is currently utilized as irrigated crop land, as such there is irrigation infrastructure located in the south freshwater pond, Cell 2, Cell 3, and Cell 4 that will need to be removed prior to mining. There are existing farm buildings along the western edge of Cell 4 that will be utilized as the site offices. These buildings will be removed prior to mining that side of Cell 4 during the later stages of the mine. There is an access easement that bisects Cell 4 to service the farm buildings which is owned by the property owner and will be removed. The office building structures located between the southern Fresh Water Pond and the Siltation Pond are planned to remain through the duration of the mine. There are multiple oil and gas companies operating wells at the site that have facilities that will need to be removed prior to mining. These facilities include: • 2 PDC wells and gas lines in Cell 2 • 1 KPK well and tank battery west of Cell 4 • 1 PDC well and tank battery west of Cell 4 • 1 PDC well and tank battery located in the Plant Site The Miner is responsible for obtaining the necessary agreements for removal of these facilities prior to mining in the area. Mining: Scrapers and/or bulldozers will strip the topsoil of any affected land prior to mining or stockpiling. Topsoil will be segregated and stockpiled either in berms around the mine pits or in the processing area. Topsoil stockpiles and berms that remain dormant for fourteen days Monarch DEN M — Gravel Mine — MLRB 112 Permit Application Exhibit D -1 shall be roughened, mulched, or tackified to stabilize them. Topsoil stockpiles that remain in place over 180 days will be seeded with the seed mixture described in the Reclamation Plan. Overburden will then be stripped with scrapers and stockpiled in the processing area north of the plant. Any excess material not needed for reclamation may be sold or hauled off -site during the life of the mine. There will be no mining below the groundwater table until the slurry wall is complete, tested and approved for each slurry wall lined cell. In order to mitigate mounding upgradient of the site two underdrains will be constructed prior to slurry wall construction on the southem end of Cell 1 and Cell 3. A mounding and shadow groundwater model will be performed prior to construction to inform the design and necessity of the underdrains. The model will be provided to the Division when available. If the model demonstrates that excessive mounding is not anticipated at the site, MMMA may apply for a Technical Revision to remove either or both of the underdrains from the Mine Plan. Prior to starting construction of any slurry wall, the applicant shall apply for a Technical Revision with a slurry wall design and underdrain design report. Each slurry wall lined phase will be dry -mined using scrapers, bulldozers, front-end loaders, excavators, or similar equipment. The Fresh Water Pond and Siltation Pond will be unlined an wet mined with excavators. For unlined cells, there will be no mining below the groundwater table until an approved Substitute Water Supply Plan(SWSP) has been obtained. Mining at the site will progress in five major stages comprised of minor phases expected to last approximately 37 years. A map depicting the phases can be found in Exhibit C-5. Processing: The material will be wet screened and transported offsite by truck. No crushing is planned at the site. The processing area will be located on the north side of the siltation pond, east of Cell 4. Drying and Screening Building: The building that houses the drying and screening operation will be on a reinforcd concrete pad that will be approximately 250' x 50' and located at the processing area. Included with the building is a rotary dryer, baghouse, and 2 80 -foot -tall silos with a truck loading spout. The entire footprint for the drying and screening operation is under 2 acres. Import Material: The Operator may import material from and export material to 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. (b) Earthmoving; Topsoil will be stripped with scrapers and/or bulldozers in the mining cells and stockpile areas and stockpiled in berms surrounding the pit for use in reclamation. Overburden will then be Monarch DENM — Gravel Mine — MLRB 112 Permit Application Exhibit D - 2 stripped with scrapers and/or bulldozers and placed either in the stockpile to the north of Cell 2 or to the stockpile north of the plant. Excavators, front-end loaders, and bulldozers will be used to excavate the material. Haul trucks and conveyors will be utilized to transport the raw material from the active mine phase to the processing area. See Exhibit C-5 for a cross-section of side -slope mining; the mine slope will be at a 3 horizontal to 1 vertical slope from the mine limit. If needed, overburden, recovered silt or other suitable fill will be replaced to establish the final slope profile. (c) All water diversions and impoundments; Storm water will be discharged per a CDPHE discharge permit. There are no planned diversions or impoundments of existing water bodies. A wash cycle for the aggregate processing area will be established using the freshwater pond as a source and the silt pond for return flow, with a pipe between the source pond and the retum pond. Any water consumed will be provided by the existing water rights associated with the property and/or a groundwater well with associated substitute water supply plan (see Exhibit G). (d) The size of area(s) to be worked at any one time. Each phase is approximately 27-97 acres in size. The Operator may mine multiple phases concurrently in order to obtain a range of material for production. In addition to mining, the Operator, will begin reclaiming slopes as mining is finished in each stage. Since multiple phases will be being worked at any one time, the approximate size of the areas to be worked at any one time will range from 25 acres to 120 acres and will depend on market conditions. The Financial Warranty will be increased, as appropriate, to reflect all of the phases being mined at any time. (e) An approximate timetable to describe the mining operation. The timetable is for the purpose of establishing the relationship between mining and reclamation during the different phases of a mining operation. The Operator anticipates that mining will commence as soon as all permits are in place. The Operator anticipates extracting approximately 750,000 tons of aggregate in a typical year, up to 1,000,000 tons at peak capacity. Production rate will vary based on market demands. Timetable for Mining and Reclamation TIMETABLE Phase 1 (Freshwater and Siltation Ponds) — 2.3 years Phase 2 (Cell 1) — 4 years Phase 3 (Cell 2) — 6.9 years Phase 4 (Cell 3) -13.2 years Monarch DENM — Gravel Mine — MLRB 112 Permit Application Exhibit D - 3 • Phase 5 (Cell 4) —10.6 years Total Project — 37 years (f) Use Mining Plan Map in conjunction with narrative to present: (i.) Nature, depth and thickness of the deposit and thickness and type of overburden to be removed The deposit consists mainly of sand and gravel with some lenticular clay deposits. The depth to bedrock ranges from 13 feet deep near the river to 58 feet deep to the east side of the site. Overburden is mainly sandy silt grading into silty sand averaging approximately four feet in depth. (ii.) Nature of the stratum immediately beneath the material to be mined in sedimentary deposits Bedrock consists mostly of soft bluish -grey claystone consistent with the Denver Formation. (g) Identify the primary and 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. Gold may be extracted as an adjunct component of any wash equipment installed at the site. (i) Specify if explosives will be used in conjunction with the mining (or reclamation) No explosive material will be used on -site. (I) Specify the dimensions of any existing or proposed roads that will be used for the mining operation. Describe any improvements necessary on existing roads and the specifications to be used in the construction of new roads. New or improved roads must be included as part of the affected lands and permitted acreage. Affected land shall not include off -site roads which existed prior to the date on which notice was given or permit application was made to the office and which were constructed for purposes unrelated to the proposed mining operation and which will not be substantially upgrades to support the mining operation. Describe any assocated drainage and runoff conveyance structures to include sufficient information to evaluate structure sizing. The affected land and permitted acreage is inclusive of over one and one-half miles of land directly abutting public roadways; there is no need for any additional driveways, and on -site Monarch DENM - Gravel Mine - MLRB 112 Permit Application Exhibit D - 4 haul roads will be incidental to mining areas depicted on the Mining Plan Map. No roadways are affected by the mining operation other than access roads within the permit boundary and existing public roads to the site. The Operator will apply for a Weld County Access Permit for the site. Monarch DENM — Gravel Mine — MLRB 112 Permit Application Exhibit D - 5 EXHIBIT E — RECLAMATION PLAN This information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.5 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: The proposed mining and reclamation plan focuses on minimizing the ecological impacts of mining, minimizing the length of time of impact, and maximizing long-term benefits. (a) A description of the type(s) of reclamation the Operator proposes to achieve in the reclamation of the affected land, why each was chosen, the amount of acreage accorded to each, and a general discussion of methods of reclamation as related to the mechanics of earthmoving; The majority of the site (Cell 1 through Cell 4) will be reclaimed to lined water storage reservoirs due to a need within the county and state for water storage facilities. The mined area in the Siltation Pond and Fresh Water Pond may be backfilled back to native grade and used as farmland or may be converted to a water storage facility if economically feasible and sufficient void space exists at the completion of mining. Refer to Exhibit F for the acreages of each cell and additional details. Earthmovinq Topsoil mined while establishing the plant sites and establishing the Fresh Water Pond and Siltation Pond will be placed in a berm along the edge of the pit. The bermed topsoil will be used in final reclamation of the siltation pond and freshwater pond. Any excess topsoil will be place to the north of the plant site(See Figure C-5). Topsoil mined in later phases will be placed in berms around the current mine phase or placed in the topsoil stockpiles to the north of the plant site or north of Cell 2. Topsoil from these stockpiles will be used to reclaim vegetated areas over the rest of the site. Topsoil may be replaced by a scraper or haul truck, excavator, and bulldozer, and will generally be graded with a blade. All grading will be done in a manner that controls erosion and siltation of the affected lands, to protect areas outside the affected land from slides and other damage. Reclamation in each phase will begin as soon as mining in that phase is completed. Overburden and clay seam materials will be removed from mining phases and stockpiled north of Cell 2 and adjacent to the Freshwater Pond and Siltation Pond(See Figure C-5). Overburden and clay materials may also be sold as general fill to remove excess material not needed in Reclamation. All disturbed areas will be regraded and smoothed to a finished grade that is suitable for revegetation or the final land use. (b) A comparison of the proposed post -mining land use to other land uses in the vicinity and to adopted state and local land use plans and programs. The water storage reservoirs will be compatible with the other land uses in the vicinity, which includes farmland, industrial land, and rural residential. Municipal boundaries have Monarch-DENM — Gravel Mine — MLRB 112 Permit Application Exhibit E -1 approached the vicinity of the site and represent a growing need for both construction materials and water storage facilities. (c) A description of how the Reclamation Plan will be implemented to meet each applicable requirement of Section 3.1. The Operator will carry reclamation to completion with reasonable diligence. Each phase of reclamation will be generally completed within one to two years from completion of mining, but not more than five years from the date the Operator informs the Board or Office that final reclamation has commenced. Section 3.1.5 Reclamation Measures Material Handling: Grading will be performed to help control erosion and siltation of the affected lands through phased mining, implementing good operation techniques to handle material as little as possible, and vegetation of stockpiles remaining in place for more than 180 days. Although the use of erosion protection devices is not anticipated, if deemed necessary by the operator at the time of excavation, silt fence, haybale dams or other erosion control devices will be installed. Backfilling and grading will be completed as soon as feasible after the mining process is complete for each phase. Maximum slopes and slope combinations will be compatible with the configuration of surrounding conditions and selected land use. Mining will occur at a 3:1 slope. Reclaimed slopes in the water storage reservoir will not be steeper than a 3:1 ratio and will be shaped by a bulldozer to remove rills caused by precipitation. Any gaps in the slope will be filled with fill materials and construction methods that will insure stability. The upland area will be reclaimed to grades consistent with pre -mining drainage patterns. The operator will backfill using fill material generated on -site, or imported inert fill generated outside the permit area. If any inert off -site material is used as backfill, a notarized letter will be submitted to the Division as required by Section 3.1.5(9) of the MLRB Construction Material Rules and Regulations. It is not anticipated that mining will uncover any refuse or acid-forming or toxic producing materials, however if any such materials are encountered the operator will take precaution to handle the materials in a manner that will control unsightliness and protect the drainage system. Drill or auger holes that are part of the mining operation shall be plugged with non- combustible material, which shall prevent harmful or polluting drainage. Any test pits, soils boring holes, or monitoring wells not located within the mine excavation limits will be plugged as soon as it can be confirmed that they are no longer needed for the operation. Mined material to be disposed of within the affected area will be handled in such a manner to prevent any unauthorized release of pollutants to the surface drainage system. No unauthorized release of pollutants to groundwater shall occur from any materials mined, handled or disposed of within the permit area. Monarch-DENM - Gravel Mine - MLRB 112 Permit Application Exhibit E - 2 Section 3.1.6 Water -General Requirements: 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. The operator will develop and comply with a stormwater management plan and will use best management practices (BMPs) to ensure groundwater and surface water are protected to the greatest possible extent. BMPs include schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the pollution in runoff from the site. Section 3.1.7 Groundwater - Specific Requirements: The Operator will comply with the applicable standards and conditions for classified and unclassified groundwater. Section 3.1.8 Wildlife: The mining and reclamation plans have been designed to account for the safety and protection of wildlife on the mine site. The Operator will mine the site in phases and use concurrent reclamation methods to minimize the impact on wildlife. The proposed reclamation plan may improve wildlife habitat. The proposed seed mix and plantings will create improved cover, foraging, roosting, and nesting areas for wildlife. The water area within the reservoir will serve as habitat for waterfowl and other bird species and the fringes of the reservoir will be used by mammal, bird, reptile and amphibian species. Control and/or removal of noxious and weedy species during the project and the introduction of desirable graminoid, forb and potential woody species during reclamation will result in enhancement of wildlife habitat on the project site. Section 3.1.9 Topsoiling: Topsoil shall be removed and segregated from other spoil. 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 180 days will receive vegetative cover with the Weld County Sandy Site Mix noted below: Weld County - Sandy Site Mix Sand Bluestem (Champ, Chet) 1.00 lbs pls/acre Sand Lovegrass (Bend, Native, Ne27) 2.50 lbs pls/acre Indian Ricegrass (Nezpar, Rimrock) 3.00 lbs pls/acre Praise Sandreed (Goshen) 0.75 lbs pls/acre Green Needlegrass (Lodorm) 1.50 lbs pls/acre Little bluestem (Blaze, Cimarron, Camper) 0.75 lbs pls/acre Monarch-DENM — Gravel Mine — MLRB 112 Permit Application Exhibit E - 3 Yellow Indiangrass (Cheyenne, Holt, Scout) 0.50 lbs pls/acre Switchgrass (Blackwell, Nebraska 28) 1.50 lbs pls/acre Sand Dropseed 0.50 lbs pls/acre Total: 12.00 pounds pls/acre Section 3.1.10 Revegetation: In those areas where revegetation is part of the reclamation plan, 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. These areas are relatively minimal given the water development reclamation plan for the site. The proposed seed -mix and plantings for reclamation are outlined below: Weld County - Areas South of County Road 68 Mix Westem Wheatgrass (Arriba, Barton, Rosana) 2.50 lbs pls/acre Blue Grama (Hachital, Lovington) 1.50 lbs pls/acre Sideoats Grama (Vaughn, Butte, Niner, El Reno, Haskell) 2.25 lbs pls/acre Smooth Brome (Lincoln, Manchar) 2.00 lbs pls/acre Sand dropseed 0.25 lbs pls/acre Perennial Ryegrass (Calibra or Garibaldi tetraploid) 0.75 lbs pis/acre Slender Wheatgrass (Pryor, Revenue or San Luis) 2.50 lbs pls/acre Alkaligrass (Fults II, Salt on Sea) 1.25 lbs pls/acre Switchgrass (Nebraska 28, Blackwell) 1.00 lbs pls/acre Total: 14.00 pound pls/acre Section 3.1.11 Buildings and Structures: The existing house and outbuilding in the western portion of Cell 4 will be utilized as office buildings until mining progresses to that portion of the Cell and the buildings are removed. A portable building will be utilized as an office during Phase 5 and will be placed in the plant area. An aggregate processing plant, a 250 by 50 -foot sand drying and screening plant and two 80 -foot tall silos will be located at the site for the duration of mining operations. These structures will be removed and the footprint will be graded back to native grade prior to final reclamation. The plant structures are shown on Figure C-5. Conveyors will be constructed at the site to move material from the cells to the processing plant. The approximate conveyor alignment is shown on Figure C-5. Section 3.1.12 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. Monarch-DENM — Gravel Mine — MLRB 112 Permit Application Exhibit E - 4 (d) Plans for topsoil segregation, preservation and replacement; for stabilization, compaction and grading of spoil; and for revegetation. Topsoil will be removed and segregated from other spoil. Topsoil not needed for reclamation may be sold or removed from the site. 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 and protects 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. For example, final grading of the reservoir above the high water line will replace material no steeper than 3:1 slope to meet the grade at the top of the banks. Topsoil will be uniformly placed and spread on areas disturbed by the mining, above the anticipated high water line. 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. In those areas where revegetation is part of the reclamation plan, the Operator will revegetate the land in such a manner 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. Seed will be drilled and mulched. The revegetation seeding list on the Reclamation Plan Map contains the preferred species of grasses to be planted. Seeding will take place once final grading and replacement of topsoil have been completed for each phase. Timing of seeding will be consistent with standard horticultural practice for dryland applications - generally between late September and the middle of April to ensure there is adequate moisture for germination. (e) A plan or schedule indicating how and when reclamation will be implemented. Include: L An estimate of the periods of time which will be required for the various stages or phases of reclamation. Reclamation for any given stage of mining may take up to five years to allow for successful revegetation. Please refer to the Timetable for Mining in Section (e) of Exhibit D. ii. A description of the size and location of each area to be reclaimed during each phase. Please refer to the Reclamation Plan Map (Exhibit F). iii. Outlining the sequence in which each stage or phase of reclamation will be carried out. Monarch-DENM — Gravel Mine — MLRB 112 Permit Application Exhibit E - 5 Please refer to the Timetable for Mining in Section (e) of Exhibit D. (f) A description of: i. Final grading — maximum anticipated slope gradient or expected ranges thereof; The finished slopes of the reservoir will be no steeper than 3:1 for slopes mined at a 3:1. ii. Seeding — types, mixtures, quantities and time of application; Please refer to the Reclamation Plan Map for the list of plant materials and seeds to be utilized. Timing of seeding will be consistent with standard horticultural practice for dryland applications - generally between late September and the middle of April to ensure there is adequate moisture for germination. Additional plantings may be installed once the reservoirs are full of water and the grasses are established. iii. Fertilization — types, mixtures, quantities, and time of application; The type and application rate of fertilizer shall be determined based on a soil test at the time of final reclamation. iv. Revegetation — types of trees, shrubs, etc.; The site is historically irrigated farmland. The site will be revegetated with an upland grass seed mix in areas that are above the highwater line or are graded back to native grade. v. Topsoiling — specify anticipated minimum 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 above the anticipated high water line and areas graded back to native grade. The minimum thickness shall be 6 inches above the surrounding finished grade. WEED MANAGEMENT PLAN Noxious weeds will be eradicated or managed within Monarch DENM operations areas. Noxious weed species to be managed are defined as those plant species currently identified by the Colorado State Department of Agriculture (CDA) as noxious under the Colorado Noxious Weed Act. Management efforts will be directed to those species identified under List A or List B by the CDA. List A species are required to be eradicated, while List B species will be controlled. Efforts to address List C species will follow guidelines of Weld County weed experts. The noxious species are not listed here as the list of noxious species changes regularly. The Colorado State Department of Agriculture maintains a list of noxious weed species on their web site (https://www.colorado.gov/pacific/agconservation/noxious-weed-species). Noxious weeds will be controlled by any combination of cultural, mechanical, biological or chemical measures. Weed control measures will be developed specifically for the noxious weed species encountered and in conjunction with the local county weed control district and/or the Colorado State Department of Agriculture. Weed control measures will be undertaken by trained and/or licensed (if required by law) personnel. Weed management control will initiate within two weeks of noxious weed identification at any operation, or as specified by the county weed control specialist. Monarch-DENM — Gravel Mine — MLRB 112 Permit Application Exhibit E - 6 Where noxious weed control measures cause elimination of vegetation at a revegetated site, seeding or planting of desirable replacement vegetation will occur during the first normal planting or seeding season after weed control measures have been implemented. Monarch-DENM — Gravel Mine — MLRB 112 Permit Application Exhibit E - 7 EXHIBIT L - RECLAMATION COST Activity Quantity Units Unit Costs Cost A. Processing area/Office/Shop (Equipment: Excavators, Dozers, Tractor, Water Truck) 1 Remove concrete pad for wash plant 30 CY $ 65.00 $ 1,950.00 2 Demolish and remove foundation of 250' x 50' drying screening operation 400 CY $ 65.00 $ 26,000.00 3 Demolish building 1 LS $ 3,000.00 $ 3,000.00 4 Remove concrete base for scale 10 CY $ 65.00 $ 650.00 5 Remove 12' diamter concrete foundation for silos 4 CY $ 65.00 $ 260.00 6 Remove and dispose of silos 1 LS $ 3,000.00 $ 3,000.00 7 Scarify ground 15 Acres $ 150.00 $ 2,250.00 8 Spread 12" topsoil 24,300 CY $ 0.75 $ 18,225.00 9 Seed and Mulch 15 Acres $ 900.00 $ 13,500.00 Subtotal ,1 ,,,,,,,68,:$35.00 ; B. Unlined Ponds and Stockpiles (Equipment: Excavators, Dozers, Scrapers, Water Truck) 1 Backfill Fresh Water Pond 12.5 acres, 60%recovery(one pond open at a time) 402,000 CY $ 2.05 $ 824,100.00 2 Backfill Siltation Pond, 60% recovery(10 acres open at one time) 366,360 CY $ 2.05 $ 751,038.00 3 Scariffy Ground(unlined pond and stockpile areas) 66 Acres $ 150.00 $ 9,900.00 4 Spread 12" topsoil(unlined pond and stockpile areas) 106,121 CY $ 1.50 $ 159,181.50 5 Seed and Mulch(unlined pond and stockpile areas) 66 Acres $ 900.00 $ 59,400.00 Subtotal $ 1,803,619.50 C. Area Surrounding Lined Reservoirs (Equipment: Dozers, Scrapers, Water truck) 1 Scariffy Ground 36 Acres $ 150.00 $ 5,400.00 2 Spread 12" topsail 58,300 CY $ 1.50 $ 87,450.00 3 Seed and Mulch 36 Acres $ 900.00 $ 32,400.00 Subtotal _$ ` ;125;250.00 D. Slurry Wall @ 100% Installation Cost ($6.92 per SF) per DRMS Bonding Requirement. Assumes 61'(North) and 52'(South) average depth (including 4' key into bedrock.) Cell 2.4 slurry wall and Cell 3 underdrain will not be constructed for more that 2 years. Equipment used- Excavators, Dozers, Scrapers, Water Truck 1 Cell 1 Slurry Wall @100%, 5392 linear feet of slurry wall approx 50' deep 269,600 SF $ 5.12 $ 1,380,352.00 2 Cell 1 Underdrain (approximately 2,500 linear feet along south-east of Cell 1) 2,500 LF $ 29.00 $ 72,500.00 3 CA 2 Slurry Wall @0%, 7,041 linear feet of slurry wall approx 50' deep 4 Cell 3 Slurry Wall @0%, 8,782 linear feet of slurry wall approx 50' deep 5 Cell 3 Underdrain(approximately 3,000' along south of Cell 3) 6 Cell 4 Slurry Wall @0%, 9,042 linear feet of slurry wall approx 50' deep (slurrywalls/underdrain for Cells 2-4 are more than 2 years out, and will be banded prior to construction) $ Subtotal $ "..1,452,852.00, Total Disturbance Costs $ 3,450,556.50 Indirect Costs Overhead & Profit Performance Bond (2.02%) - Based on DRMS estimate $ 69,701.24 Performance Bond (3.07%) - Based on DRMS estimate $ 36,230.84 Job Superintendent (240 hours @ $75/hr) - Based on DRMS estimate $ 18,000.00 Contractor Mob and DeMob (3%) - Based on DRMS estimate not including slurry wall $ 62,106.14 Contractor Overhead and Profit (10%) - Based on DRMS estimate not induding slurry wall $ 207,020.45 Subtotal $ 393,058.67 Contract Amount (direct + 0 &P) $ 3,843,615.17 Legal, Engineering A Project Management Financial warranty processing (legal/related costs) ($500) $ 500.00 Engineering Work and/or contract/bid preparation (4.25%) $ 163,353.64 Reclamation management and/or administration (5./o) - Based on DRMS estimate $ 192,180.76 Contingency (3%) $ 103,516.70 Subtotal $ 459,551.10 Total Indirect Costs $ 852,609.77 'TotalRood Amount. $r 'A3,03,166.27 CIVIL RES'TURCES,LLC ENGINEERS & PLANNERS June 3rd, 2022 Mr. Rob Zuber Division of Reclamation, Mining, and Safety 1313 Sherman Street, Room 215 Denver, Colorado 80203 RECEIVED JUN 0 8 2022 WELD COUNTY COMMISSIONERS RE: Preliminary Review of a 112 Construction Materials Reclamation Permit Amendment Application Package Monarch DENM Gravel Mine, Permit M-2022-009 Response Dear Mr. Zuber: This letter is being generated to satisfy the preliminary review dated May 13th, 2022 for the Monarch DENM Gravel Mine. The italicized items are the current comment and the bold text are the responses: Mr. Regan: The Division of Reclamation, Mining and Safety (Division/DRMS/Office) reviewed the contents of the 112c permit application for the Monarch-DENM Gravel Mine, File No. M-2022-009 and submits the following comments. The Division is required to issue an approval or denial decision no later than June 14, 2022, therefore a response to the following adequacy review concerns should be submitted to the Division as soon as possible. The review consisted of comparing the application contents with the specific requirements of Rules 1, 3, 6.1, 6.2, 6.4 and 6.5 of the Minerals Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials (effective date July 15, 2019). Any inadequacies are identified under the respective exhibit heading along with suggested actions to correct them. Comments 1) The Division received state agency comments from History Colorado, the Division of Water Resources and Colorado Parks and Wildlife. The letters from these agencies, as well as a letter from the U.S. Army Corp of Engineers, are included as an enclosure with this adequacy review letter. Please review the letters and provide comments accordingly. History Colorado — No response required, MMMA will follow the requirements of CRS 24-80 part 13 if human remains are discovered at the site. State Engineers Office — No response required, prior to use or exposure of groundwater MMMA will obtain a well permit and a substitute water supply plan or decreed plan for augmentation and will continue to operate under said plan until the proposed storage reservoirs or backfilling are completed. Any storm water runoff intercepted by this operation that is not diverted or captured in priority will infiltrate into the ground or be released to the stream system within 72 hours. Otherwise, the operator will make replacements for evaporation. Colorado Parks and Wildlife — 323 FIFTH STREET• P.O. Box 68❑ • FREDERICK, COLORADO 8053❑ • PHONE: 303.833.1416 • FAX: 3❑3.833.285❑ Pvbl.G Rev ;e- cc: Pt- (1P))Pc„)(TM/1≤R/cHicK) b/2% 6 /is/22 2022-1705 Page 2 Mr. Rob Zuber June 3, 2022 *Bald Eagle Nest — See the attached Savage Report and letter from US Fish and Wildlife stating that no mining should occur within a 660' buffer. *Mule Deer Severe Winter Range — See the attached figure showing that the Mule Deer Severe Winter Range is outside most of the Permit Boundary except where it crosses northwest of Cell 4. There is no planned disturbance planned for this area. No fencing is planned for the western boundary of the site and MMMA will utilize wildlife -friendly fencing where fencing is needed. *Aquatic Native Species — The permit boundary is outside of 500 feet from the ordinary highwater mark of the South Platte River. MMMA will prepare a Stormwater Management Plan to address the necessary stormwater BMPs prior to mining. 1.6 Public Notice 2) Pursuant to Rule 1.6.2(e), please submit proof of the notice to all owners of record of surface and mineral rights of the affected land and the owners of record of all land surface within 200 feet of the boundary of the affected land including all easement holders located on the affected land and within 200 feet of the boundary of the affected land. Proof of notice may be retum receipts of a Certified Mailing or by proof of personal service. See the attached images of the Certified Mailing receipts sent out to surrounding property owners on March 25th, 2022. As discussed in an April 22^d, 2022 email with you, 4 property owner notices were not accepted at the mailing address listed by the Weld County Assessor. These notices were personally served to their mailboxes by me on April 23rd, 2022. Application Form 3) On Page 1, Item #1.1 of the application form, the Applicant indicated the type of organization as a Limited Liability Corporation (LLC). Please provide the corporation seal on Page 8 of the application form, if the corporation does not have a seal please indicate "no seal". "No seal" was on the form submitted for the Completeness review. See attached copy. The total acreage has been updated on the application form, Exhibit A and the maps to account for two 100 foot wide bump -outs towards the unnamed slough to accommodate future dewatering operations. 6.2 General Requirements of Exhibits 4) Rule 6.2.1(2((b( requires maps be signed by a registered land surveyor, professional engineer, or other qualified person. Please submit signed copies of the Exhibit C and Exhibit F maps. Maps have been signed. 6.4 Specific Exhibit Requirements - Regular 112 Operations The following items must be addressed by the Applicant in order to satisfy the Mineral Rules and Regulations of the Mined Land Reclamation Board: 6.4.1 Exhibit A - Legal Description 5) The Applicant indicated the total acreage in the permit area as 544.06 on Page 1, Item #3 of the application form. However, the total of the parcels in Exhibit A is 799.497 acres. Please revise the exhibit to include descriptions of parcels that only includes the area in the permit. Exhibit A has been revised to only include descriptions of parcels that are in the permit area and has been updated to account of the two 100 -foot -wide bump -outs towards the unnamed slough to accommodate future dewatering operations. 6.4.3 Exhibit C - Pre -Mining and Mining Plan Maps of Affected Land 6) For the sake of clarity, the Division recommends that the entire permit area be permitted to be affected, and this should be stated in Exhibit C. 7) The Pre -Mining Map, Map C-1, should illustrate (with hatching or other symbolism) the Page 3 Mr. Rob Zuber June 3, 2022 areas that are currently undisturbed (if any). The areas that are currently undisturbed to the north of the site have been described with hatching. See attached updated Map C-1. 8) Please add the following to the Mining Plan Map, Map C-5. o Indicate if any area will remain undisturbed, preferably using shading that is included in the legend. Particular areas that require clarification are the area north of the Plant Area, the area northwest of Cell 4 along the permit boundary, and the area north of Cell 2. (The Division recognizes that although the entire area may be permitted to be affected, some areas may remain undisturbed, at least in the initial phases of the operation, and this will be reflected in the Reclamation Costs.) The areas that will not be disturbed initially have been indicated with hatching on Map C-5. Soil piles and other structures not currently shown on the map. Topsoil for use in reclamation will be placed in berms around the mining cells and a berm along State Highway 60. An annotation has been included to show the berms around the pits. o Indicate the constriction phase for the southem Fresh Water Pond. Is it Phase 1 like the other Fresh Water Pond? The necessity and opportunity to mine the south Fresh Water Pond area has yet to be determined. If more freshwater storage is needed and the area is available to be mined it will occur in the later stages of the mine. It has been changed to Phase 5 but the Division will be updated if the pond will be mined out prior to the final phase. I Indicate County Roads and site roads on the map. In particular, indicate if a road will be constructed next to the conveyor. A road will be constructed next to the conveyor to accommodate maintenance vehicles. The other access road at the site will follow the existing dirt access road to the plant area and to the office. I Add all symbols to the legend that are shown on the map. This includes the conveyor symbol and several others. The conveyor and other symbols have been added to the map legend. 6.4.4 Exhibit D - Mining Plan 9) In the text on page D-1, "Highway 66" should likely be "Highway 60." Correct, this has been changed in the attached Exhibit D. 10) In the first paragraph of page D-2, please clarify the phrase "3:1 setback to the planned top -of -slope." The mine slope will be at a 3 horizontal to 1 vertical slope from the mine limit. The language in the first paragraph of page D-2 has been changed to clarify this. 11) In the paragraph about the size of area to be mined at any one time, please add a statement that the Financial Warranty will be increased, as appropriate, to reflect all of the phases being mined. The statement, "The Financial Warranty will be increased, as appropriate, to reflect all of the phases being mined at any time" has been added to the aforementioned paragraph. 12) Regarding the discussion on topsoil and overburden stockpiles, more detail is needed regarding the storage volumes and locations of the piles, including distances from the piles to the areas to be reclaimed. It is recommended that they be shown on Map C-5. Topsoil will be placed in berms surrounding the mining cells to decrease push distance for reclamation(See Map C-5). Since the Mine Plan calls for mining and reclamation at a 3:1 slope, a large quantity of overburden is not anticipated to be utilized in reclamation. Any excess topsoil and overburden 13) The Mining Plan should state that topsoil should be stripped and salvaged from areas where Page 4 Mr. Rob Zuber June 3, 2022 soil will be stockpiled. The Mining Section now includes, " Scrapers andlor bulldozers will strip the topsoil of any affected land prior to mining or stockpiling. Topsoil will be segregated and stockpiled either in berms around the mine pits or in the processing area." 14) Exhibit D needs to include a discussion of stabilization of topsoil stockpiles. Reference Exhibit E, as appropriate. The following language has been included in the Mining section of the Mine Plan, "Topsoil stockpiles and berms that remain dormant for fourteen days shall be roughened, mulched, or tackified to stabilize them. Topsoil stockpiles that remain in place over 180 days will be seeded with the seed mixture described in the Reclamation Plan." 15) Exhibit D should include a discussion of the structures that will be constructed for the mining operation, including dimensions and general construction methods. (For example, will foundations include rebar reinforcement?) The only structure to be constructed at the site will be the drying and screening building, the scale and the scale house. The scale will be approximately 70' x 10' and will sit on concrete footers. The scale house will be a portable modular building. The drying and screening building will be approximately 250' x 50' and will sit on a reinforced concrete foundation. 16) The mining plan should include a discussion on erosion prevention on the steep slope at the northwest portion of the permit area, especially where the conveyor will be built between the boundary and Cell 4. The conveyor has been moved to pass between Cells 3 and 4. The area to the northwest of Cell 4 is planned to remain undisturbed and the native vegetation will act as erosion protection. The site will prepare a Storm Water Management Plan prior to site disturbance to control for erosion. Disturbed areas with steep slopes will be roughened, mulched, or tackified to stabilize them. 17) Provide a discussion of existing buildings, other structures, and easements within the disturbance area. This should indicate if structures and easements will be relocated or removed. A particular area that should be addressed is the area within Cell 4. A Structures section has been added to the Mine Plan. 18) The following text (or similar) should be added to the exhibit: "Prior to starting construction of any slurry wall, the applicant shall apply for a Technical Revision with a slurry wall design report." This text has been included. 6.4.5 Exhibit E - Reclamation Plan 19) The text needs to include details for revegetation, including details on seed bed preparation, the reclamation seed mix, seeding rate, application method, and the time of seeding. Also, include details for planting, if applicable. I have added the proposed seed mix to the Reclamation Plan. In subsection (d) the seed bed preparation is noted as, "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 application method is noted as, "seed will be drilled and mulched" and the time of seeding is noted as, "between late September and the middle of April" 20) On Page 3 of Exhibit E, the text states that stockpiles remaining in place for more than one growing season will be vegetated. Please commit to seeding stockpiles which have been in place for 180 days and provide a seed mixture, including pounds of pure live seed (PLS) per acre. Text has been changed to 180 days. Page 5 Mr. Rob Zuber June 3, 2022 21) Please add additional text to Exhibit E explaining the process to backfill and compact the mined slopes to the reclaimed 3:1 slope. This explanation should include the type of equipment used. The text should state that their construction methods will insure stability of the slopes. The following text has been included in subsection c, "Mining will occur at a 3:1 slope. Reclaimed slopes in the water storage reservoir will not be steeper than a 3:1 ratio and will be shaped by a bulldozer to remove rills caused by precipitation. Any gaps in the slope will be filled with fill materials and construction methods that will insure stability." 6.4.6 Exhibit F - Reclamation Plan Map 22) Please add additional information to the legend, indicating what all of the symbols on the map represent. Missing symbols have been added to the legend. A notation has been added to the Siltation Pond that only half of the pond will be used at a time. 6.4.7 Exhibit G - Water Information 23) On Page 1 of Exhibit G, the Applicant states stormwater collected in the active mine area will be managed through the dewatering system. Please provide a design of the system and a description of the operation of this system. Dewatering will be accomplished by digging a sump, generally along the base of the mine slope, which will hold a floating pump. The pump will have an HDPE discharge line that will be routed to one of the comingled discharge points located at the site. The pump will be powered by a diesel generator housed in the active mine area. The Operator will apply for and receive a comingled stormwater and process water discharge permit prior to dewatering at the site. 24) The Applicant needs to provide a general description of the hydrology (surface water bodies and aquifers) in the vicinity of the site, as well as related structures and activities that impact the hydrology. This should include a discussion of local aquifers, nearby wells, the river, ditches, ponds, and irrigation practices. This has been included in the attached Groundwater Monitoring Plan. 25) The Applicant needs to provide a report analyzing groundwater conditions after slurry wall construction. This report must include the methodology used to forecast groundwater mounding and shadow impacts of the slurry walls. The analyses should entail groundwater modeling or a similarly rigorous method of analysis. The report must also include a detailed discussion of the results of the analyses. MMMA stipulates to completing a groundwater model and to provide the results for review to the Division prior to slurry wall construction. 26) Please provide a water monitoring plan to assess future impacts of the mining operations on local groundwater wells. This has been included in the attached Groundwater Monitoring Plan. 27) Please change "NPDES" to "CDPS" to reflect the requirements of the Water Quality Control Commission. This has been changed, see the attached Exhibit G. 6.4.12 Exhibit L - Reclamation Costs 28) The Applicant should provide more detail on structures, including details on dimensions and types of construction. The drying and screening building will be a metal sided building with a reinforced concrete pad approximately 250' by 50'. The wash plant will be portable and will sit on 1 foot reinforced concrete pad. The scale will sit on concrete footers. The scale house will be a portable modular unit without a foundation. Two 12 foot diameter silos will be located at the drying and screening building load out which will sit on 1 and % foot foundations. All other buildings that Page 6 Mr. Rob Zuber June 3, 2022 the operator will use are existing at the site and will either remain in place or be removed during the mining process. The siltation Pond reclamation amount has been changed to account for only opening up half of the total Siltation Pond area at a time. 29) The cost estimate should include a task (or tasks) to reclaim the areas where overburden and topsoil will be stored. The stockpile areas (19 acres) have been added to the sections B.3, B.4, B.5. 6.4.13 Exhibit M - Other Permit and Licenses 30) Please commit to providing copies of all required and approved permits and licenses to the Division when available. This should include well permits and documents related to water rights, such as a Substitute Water Supply Plan. This language has been included in the attached Exhibit M. 6.4.18 Exhibit R - Proof of Filing with County Clerk and Recorder 31) Please provide an affidavit or receipt indicating the date on which the revised application information required to address this adequacy letter was placed with the Weld County Clerk and Recorder for public review, pursuant to Subparagraph 1.6.2(1)(c). 6.4.19 Exhibit S - Permanent Man-made Structures 32) The Division requires the Applicant to demonstrate that they attempted to obtain notarized structure agreements with all owners of the structures within 200 feet of the affected area of the proposed mine site, pursuant to Rule 6.4.19. This attempt must be made prior to the Division's consideration of a stability analysis. Proof of mailing has been included. 6.5 Geotechnical Stability Exhibit DRMS is reviewing the geotechnical analysis and our comments will be forthcoming. Page 7 Mr. Rob Zuber June 3, 2022 Included in this response is: USFWS Letter 660' Buffer Savage and Savage USFWS Bald Eagle Recommendation Mule Deer Winter Range Map A copy of all the 200' spacing and structure agreement proof of mailings. Updated Exhibit A — Legal Description Updated Exhibit C-1 through C-5 Maps Updated Exhibit D Mining Plan Updated Exhibit E Reclamation Plan Updated Exhibit F-1 Reclamation Plan Map Updated Exhibit G Water Info Groundwater Monitoring Plan Updated Exhibit L Reclamation Costs Updated Exhibit M Other Permits and Licenses Updated Exhibit R — Proof of Filing Please feel free to contact me with any questions or concerns. CIVIL RESOURCES, LLC 419 Kyle Regan J.\Quikrete-2821Monarch DENMORMS1CorrespondenceORMSIAdequacy1ResponselAdq-1-2022-009_Response.doc Kyle Regan From: Niva, Liisa M <Liisa_Niva@fws.gov> Sent: Tuesday, May 3, 2022 9:16 AM To: Kyle Regan Cc: Salamack, Kristin A; Eric.Leigh@quikrete.com; savageandsavage@earthlink.net Subject: Civil Resources Aggregate Mine: Bald Eagle Nest Hello Kyle Regan, The U.S Fish and Wildlife Service (Service) was contacted by Mike Savage of Savage and Savage, Inc. on behalf of Civil Resources on April 14, 2022, regarding a bald eagle nest in proximity to development of aggregate mining at the HS Land and Cattle project site near the town of Gilcrest in Weld County, Colorado. The bald eagle nest is west of the project site along the South Platte River. Savage and Savage conducted three monthly ground -based nest surveys (January, February, and March) and determined that the nest is active. The project site currently has several ongoing active land uses, including agriculture, irrigation ditch maintenance, irrigation water field distribution and pivot servicing, oil and gas production, and residential housing. The western -most extent of the permit boundary overlaps with the H -mile buffer of the bald eagle nest but the majority of future mining activities will be located outside of the %-mile buffer and no mining activities would occur within the 660 -foot buffer of the eagle nest. Given that mining activities would not occur within a 660 -foot buffer around the bald eagle nest, the Service does not think that disturbance take associated with this eagle nest is likely to occur in response to this project. Hence, we do not recommend that Civil Resources apply for an eagle incidental take permit for this project. Thank you for the opportunity to comment on this Project, Liisa Liisa M. Hernandez Niva (she/her/hers; hear my name pronounced here) Eastern Colorado Supervisor I I Colorado Ecological Services Field Office I I U.S. Fish & Wildlife Service I I Mobile (calls & texts): 303/905-4543 I acknowledge that I live and work in the ancestral lands of the Ute, Arapaho, Cheyenne, and Ochethi Sakdwin (Lakota, Dakota, and Nakota) Tribes. Savage and Savage Environmental practical solutions for environmental issues 4610 Haystack Drive Windsor, Colorado 80550 April 7, 2022 970 674 8080 telephone 970 674 8088 facsimile savageandsavage@earthlink.net Kristin Salamack Department of the Interior U.S. Fish and Wildlife Service ESA134 Union Blvd. Lakewood, CO 80228 Re: HS Land and Cattle Gilcrest Project: Request for Service Recommendations on Bald Eagle Nest Distance Restrictions Kristin: Savage and Savage conducted a web and on -site wildlife assessment for Civil Resources in advance of development planning for an aggregate extraction operation at the HS Land and Cattle project site in Weld County, Colorado. A review of wildlife species for which the Colorado Division of Parks and Wildlife has distribution maps on the Colorado Oil and Gas Conservation Commission (COGCC) web site (http://cogcc.state.co.us/infosys/Maps/wildlifemap.cfm) was undertaken in January 2022. This mapping indicated the presence of a bald eagle nest to the west of the project site along the South Platte River. The on -site investigation on January 19, 2022 did not locate this nest but did identify another nest along the South Platte River at the northwest boundary of the project site. The bald eagle nest was observed January 19, February 15, and March 22, 2022 and on February 15 and March 22 it was determined that the nest is active this season, with the observation of a pair of bald eagles actively attending the nest. The proponent has asked Savage and Savage to consult with the U.S. Fish and Wildlife Service (the Service) to determine appropriate mitigation distance buffers from the active bald eagle nest for the operation. I am providing the following background information to aid in our discussions. Project Site Location The project site is comprised of an approximately 790 acre site within portions of Sections 18 and 19, Township 4 North, Range 66 West, and portions of Sections 24, 25 and 26, Township 4 North, Range 67 West, all within the 6th PM, Weld County, Colorado. The center of the project site is located at 40.297290°N latitude and 104.820142°W longitude. The project site is located west of Gilcrest, Colorado, immediately west of Colorado Highway 60, south and east of the South Platte River, and north of Weld County Road 40. The project site is accessed from any of the above roads (Exhibit A.). Current and Past Site Activities The overall project site currently has several ongoing active land uses, including agriculture (irrigated and non -irrigated hay production), irrigation ditch maintenance and irrigation water field distribution and pivot servicing, a minor amount of oil and gas production (product removal from storage tanks and maintenance), and residential housing. Past land uses included oil and gas well drilling and maintenance and a light industrial supply business. Close -by human activities visible from the nest include agricultural activities within the crop and hay fields, limited use of recreational facilities (shooting range, hunting), and private and public roads and highways (Colorado Highway 60 borders the project site on the east). Currently, a non -irrigated hay field is active underneath the bald eagle nest. The locations and distances of these activities from the nest are depicted in the attached exhibits. All of these activities are within 1/4 to '/2 mile of the active nest Nature of the Project and Location Relative to the Bald Eagle Nest The proposed project will be an aggregate extraction, processing, and shipping operation with an anticipated life -of -mine of 25 years. The proposed mining plan (and attendant infrastructure facilities) is depicted in Sheet C-5 Mining Plan Map. The majority of the operations will be located outside the 1/4 mile buffer commonly applied by the Service. Currently, a portion of the Cell 4 Phase 5 pit (the last area to be mined) and the operations plant area are located within Y2 mile of the existing nest The operations plant area will be a long-term facility and will consist of an area containing a product sorting and screening area, product stockpiles, a loading area for delivery trucks, a scale, and attendant buildings. Significantly, no asphalt or concrete plants are proposed for this operation. The active bald eagle nest is located immediately adjacent to the South Platte River within an open stand of mature cottonwood trees to the north of the future operation. The cottonwood woodland stand is discontinuous, with hayfields winding between the groups of trees. When the trees are in full foliage, there exists a partial to full visual barrier between the nest and the proposed operations. Mining and plant operations are topographically removed from the active nest in that the nest is located on the primary alluvial terrace of the South Platte River and the operations are entirely on the secondary alluvial terrace approximately thirty feet higher in elevation. When mining excavation equipment will be working the mine face in the final phase pit, the operations and potential noise and visual impacts will be below the existing ground elevation, providing a visual and sound buffer from mining operations. Existing Activities Contributing Baseline Disturbance, Visual, and Noise Effects Existing activities at the proposed project site include agricultural production of hay for cattle feed (with attendant activities for irrigation maintenance, planting, and harvesting) oil and gas production, including servicing, monitoring, and product delivery, a light industrial supply business, residences for farm owners and workers, recreation activities, and significant traffic along Colorado Highways 60 and 394 that service existing agricultural operations, cattle ranches and feedlots, adjacent aggregate operations, and truck traffic accessing U.S. Highway 287 to the south. The activities are all within 1/4 to '/2 mile of the nest. Bald Eagle Nest Observations The bald eagle nest was observed January 19, February 15, and March 22, 2022 during on -site reconnaissance. On February 15, 2022 bald eagles were observed in the area adjacent to the nest, and on March 22, 2022 a pair of bald eagles was observed actively attending the nest (Exhibits C. and D.). Thank you for your assistance. Sincerely, Michael S. Savage Principal Googlegfarth HS Land and Cattle Prope Existing Land Uses Ag Agricultural Operations O/G Oil and Gas Operations R Residences/ upinesses Rec Recreation (shooting range 4 Exhibit A. HS Land and Cattle Property Location and Existing Land Uses 4 r- C- . II I r S. .. i acta�N :AC Bald Eagle Nest 1 PROPS /Y IIYC PERMIT IMAJNOMT MINE ENTRA4LT N 4061S1S 1r N44 10.4,4022- FRESH WATER POND - 1 (PHASE 1) AG 397,200 CY (60% RECOVERY) OB 24,728 CY 0.8 YEARS MATE IleffiAf 60 -- ... 4. ISM Mr MS NNW 1 A RAW ASEAA _1- 171 I/ i RaOPOSEO -� SAMT'0T+ 4IOIRtNT CELL 4 (PHASE 5) AG 5,315,500 CY OB 442,200 CY 10.6 YEARS JYWIEJ .J DREW e'ISTING ass r MIRL -. r xr �\ •l SILTATION POND(PHASE 1) AG 826,300 CY (60% RECOVERY) O8 130,600 CY 1 7 YEARS I• FRESH WATER POND AG 286,700 CY (60% RECOVERY) OB 46,800 CY 0.6 YEARS S 1 r Poi rem now MAW ItC1PON LMf TYPICAL SECTION -MINING SLOPE NOT TO SALE • it 1� e / /(y�1 --C.... lr A-. 'HI t - Ana+ LEGEND: MEI -+ --4--i CELL 2 (PHASE 3) AG 3,469,200 CY O8 215,600 CY 6.9 YEARS PROPOSED PERMIT BOUNDARY SLURRY WALL ALIGNMENT PROPOSED MAJOR CONTOUR PROPOSED MINOR CONTOUR EXISTING BARBED WIRE FENCE EXISTING CHAINLINK FENCE EXISTING EASEMENT EXISTING GAS LINE EXISTING WATER LINE EXISTING STORM SEWER EXISTING, RAW WATER 1 INF EXISTING IRRIGATION EXISTING BURIED ELECTRICAL EXISTING OVERHEAD ELECTRICAL EXISTING FIBER OPTIC EXISTING SANITARY SEWER MONITORING WELLS CELL 1 (PHASE 2) AG 2,113,600 CY O8 50,900 CY 4 YEARS ties;15) CIVIL RESIURCE5 8308 COLORADO BLVD SUITE 200 FIRESTONE, CO 80504 303.833.1416 WWW.CIVILRESOURCES COM MONMtQh MOUNIA1\S MOA S ca'sn SE a(wv. SUITE 1902' AT1.MRA CA Tin e 7220 2851-551I4 11.1 EPIC LEI O- MONARCH-DENM GRAVEL MINE DRMS 112 PERMIT APPLICATION GILCREST, COLORADO REVISIO O 'aT DESGLPT ION BATE --.r.A ST 118_ t CItEO DM AS e .... Ttn LE"C3'St* RAN. UY:'; Pt CaATE "1t7.+/AA7 SCJaLF,Jlp.,yQj�,_ 0$ NOTED MINING PLAN MAP C-5 Exhibit D. Bald Eagle Nest and Attending Eagle (March 22, 2022) STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 83f2-8106 CONSTRUCTION MATERIALS REGULAR (112) OPERATION RECLAMATION PERMIT APPLICATION FORM COLORADO DIVISION OF RECLAMATION MINING -&- SAFETY CHECK ONE: 0_ There is a File Number Already Assigned to this Operation Permit # M - _ (Please reference the file number currently assigned to this operation) New Application (Rule 1.4.5) Amendment Application (Rule 1.10) Conversion Application (Rule 1.11) Peen it # M - - (provide for Amendments and Conversions of existing permits) The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts: (1) the application form; (2) Exhibits A -S, Addendum 1, any sections of Exhibit 6.5 (Geotechnical Stability Exhibit; and (3) the application fee. When you submit your application, be sure to include one (1) complete signed and notarized ORIGINAL and one (1) copy of the completed application form, two (2) copies of Exhibits A -S, Addendum 1, appropriate sections of 6.5 (Geotechnical Stability Exhibit, and a check for the application fee described under Section (4) below. Exhibits should NOT be bound or in a 3 -ring binder; maps should be folded to 8 1/2" X 11" or 8 1/2" X 14" size. To expedite processing, please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, ALL information requested below. 1. Applicant/operator or company name (name to be used on permit): Monarch Mountain Minerals and Aggregates, LLC. 1.1 Type of organization (corporation, partnership, etc.): LLC 2. Operation name (pit, mine or site name): Monarch DENM Mine 3. Permitted acreage (new or existing site): 3.1 Change in acreage (+) 3.2 Total acreage in Permit area 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. Primary commoditie(s) to be mined: sand gravel overburden 545.90 545.90 permitted acres acres acres $2.696.00 application fee $3.342.00 quarry application $2.229.00 amendment fee $2.696.00 conversion fee 5.1 Incidental commoditie(s) to be mined: 1. gold - 1 lbs/Tons/yr 2. / lbs/Tons/yr 3. / Ibs/Tons/yr 4. / lbs/Tons/yr 5. lbs/Tons/yr 5.2 Anticipated end use of primary commoditie(s) to be mined: 5.3 Anticipated end use of incidental commoditie(s) to be mined: -2- 6. Name of owner of subsurface rights of affected land: HS Land and Cattle, LLC If 2 or more owners, "refer to Exhibit O". 7. Name of owner of surface of affected land: HS Land and Cattle, LLC 8. Type of minlna operation: El I Surface ja Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN (check one): ID 6th (Colorado) 10th (New Mexico) SECTION (write number): s 19 TOWNSHIP (write number and check direction): T 4 RANGE (write number and check direction): R 66 QUARTER SECTION (check one): l� k► ® SW QUARTER/QUARTER SECTION (check one): _ NE NW SE SW ElNorth El South West Ute GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): Approximately 2 miles northwest of Gilcrest, elevation - 4754' 10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (N) 39° 44' 12.98" (W) 104. 59' 3.87" Latitude (N): deg 40 min 18 sec 15 77 (2 decimal places) Longitude (W): deg 104 min 48 sec 40 22 (2 decimal places) OR Example: (N) 39.73691° (W) -104.98449° Latitude (N) (5 decimal places) Longitude(W) (5 decimal places) OR Universal Tranverse Mercator (UT ) Example: 201336.3 E NAD27 Zone 13 4398351.2 N UTM Datum (specify NAD27, NAD83 or WGS 84) Nad 83 Zone 13 Easting Northing -3- 11. Corresnondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Contact's Name: Eric I Title: Mining Advisor Company Name: Monarch Mountain Minerals and Aggregates, LLC. Street/P.O. Box: 5 Concourse Pkwy Suite 1900 P.O.Box: City: Atlanta State: GA Zip Code: 30328 Telephone Number 1720 ) _ 289-5584 Fax Number: ) PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Company Name: Street/P.O. Box: City: State: Telephone Number Fax Number: 1 ) - INSPECTION CONTACT Contact's Name: Company Name: Street/P.O. Box: City: State: Telephone Number: Fax Number: 1 ) - Kyle Regan Civil Resources, LLC Tide: Project Geologist 8308 Colorado Blvd. Suite 200 Firestone P.O. Box: CO Zip Code: 80504 (303 ) _ 833-1418 Eric Leigh Monarch Mountain Minerals and Aggregates, LLC. Title: Mining Advisor 5 Concourse Pkwy Suite 1900 Atlanta P.O. Box: GA Zip Code: 30328 (720 ) _ 289-5584 CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: Telephone Number: 1 1 - CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: Telephone Number: 1 ) - -4- 12. Prima future (Post -minion) land use (check one): Cropland(CR) Pastureland(PL) Rangeland(RL) Forestry(FR) Residential(RS) J Recreation(RC) _:_,l Developed Water Resources(WR) 13. Prima ' r ent land us check 1 ' L Cropland(CR) U Pastureland(PL) J� Rangeland(RL) I Forestry(FR) Residential(RS) I Recreation(RC) Developed Water Resources(WR) E General Agriculture(GA) EWildlife Habitat(WL) Industrial/Commercial(IC) Solid Waste Disposal(WD) ,4.! General Agriculture(GA) Wildlife Habitat(WL) Industrial/Commercial(IC) 14. Method of Mining: Briefly explain mining method (e.g. truck/shovel): Slurry wall lined dry mining with excavators, scrapers and front end loaders. 15. On Site Processing: Crushing/Screening 13.1 Briefly explain mining method (e.g. truck/shovel): Scrapers and excavators to dry mine, dredge to wet mine fresh water ponds and siltation pond. List any designated chemicals or acid -producing materials to be used or stored within permit area: Diesel, lubricants 16. Description of Amendment or Conversion: If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s). -5 - Mans and Exhibits: Two (2) complete, unbound application packages must be submitted. One complete application package consists of a signed application form and the set of maps and exhibits referenced below as Exhibits A -S, Addendum 1, and the Geotechnical Stability Exhibit. Each exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ease of reference. If separate documents are used as appendices, please reference these by name in the exhibit. With each of the two (2) signed application forms, you must submit a corresponding set of the maps and exhibits as described in the following references to Rule 6.4, 6.5, and 1.6.2(1)(b): EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H EXHIBIT I EXHIBIT J EXHIBIT K EXHIBIT L EXHIBIT M EXHIBIT N EXHIBIT O EXHIBIT P EXHIBIT Q EXHIBIT R EXHIBIT S Rule 1.6.2(1)(b) Rule 6.5 Legal Description Index Map Pre -Mining and Mining Plan Map(s) of Affected Lands Mining Plan Reclamation Plan Reclamation Plan Map Water Information Wildlife Information Soils Information Vegetation Information Climate Information Reclamation Costs Other Permits and Licenses Source of Legal Right -To -Enter Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined Municipalities Within Two Miles Proof of Mailing of Notices to County Commissioners and Conservation District Proof of Filing with County Clerk or Recorder Permanent Man -Made Structures ADDENDUM 1 - Notice Requirements (sample enclosed) Geotechnical Stability Exhibit (any required sections) The instructions for preparing Exhibits A -S, Addendum 1, and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule 1.6.2(1)(b) of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required, or would like to schedule a pre -application meeting you may contact the Office at 303-866-3567. Responsibilities as a Permittee: Upon application approval and permit issuance, this application becomes a legally binding document. Therefore, there are a number of important requirements which you, as a permittee, should fully understand. These requirements are listed below. Please read and initial each requirement, in the space provided, to acknowledge that you understand your obligations. If you do not understand these obligations then please contact this Office for a full explanation. ih" 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- !y!/ 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; �yv 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office; 5. It is your responsibility to notify the Office of any changes in your address or phone number; %y V 6. Upon permit issuance and prior to beginning on -site mining activity, you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information (Rule 3.1.12): a. the name of the operator; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, c. the permit number. 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance. 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Construction Material Rules and Regulations in effect at the time the permit is issued. 9. Annually, on the anniversary date of permit issuance, you must submit an annual fee as specified by Statute, and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example, a permit with the anniversary date of July 1, 1995, the annual fee is for the period of July 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as the permittee, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. 10. For joint venture/partnership operators: the signing representative is authorized to sign this document and a power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application. -7 - NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions, changes, and deletions to this document prior to final decision by the Office. Therefore, if you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what changes may have been made to the application document. The Office is not allowed to consider comments, unless they are written, and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process, you may contact the Office at (303) 866-3567. -8- Certification: As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1. To the best of my knowledge, all significant, valuable and permanent man-made structure(s) in existence at the time this application is filed, and located within 200 feet of the proposed affected area have been identified in this application (Section 34-32.5-115(4)(e), C.R.S.). 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-1 15(4)(f), C.R.S.; 3. As the applicant/operator, I do not have any extraction/exploration operations in the State of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section 34-32.5-120, C.R.S.) as determined through a Board finding. 4. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112,C.R.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to section 34-32.5-123, C.R.S. Signed and dated this 15 day of infracla 2a 2. 2 . i o"dszc.I4 lb -t? 460.6A-mc If Corporation Attest (Seal) J 0 Seib Applicant/Operator or Company Name Signed: /4"' • Title: 1,4 AY) VLfc3& State of COL oRADO ss. County of WEL.0 Signed: Corporate Secretary or Equivalent Town/City/County Clerk The foregoing instrument was acknowledged before me this 16 ' day of jVI ARC1{ Ag., by EIZ1C LEIGH as mihlim6 ADVISOR ADAM J SMITH NOTARY PUBLIC STATE OF COLORADO NOTAAY ID 20114040783 My Conmlunlon Expire. August 0, 2023 of rloot# reef MaoNYA/b/ M1Aflrg.LS AND AadEEd$IES, Notary Public My Commission expires: 13/9/510a3 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 Q LEGEND: /CNC QE NC CAS Kle1 P412PS /1-1J VP c1=31 -.- PROPOSED PERMIT BOUNDARY EXISTING MAJOR CONTOUR EXISTING MINOR CONTOUR EXISTING BARBED WIRE FENCE EXISTING CHAINLINK FENCE _ EXISTING EASEMENT EXISTING GAS LINE EXISTING WATER LINE EXISTING STORM SEWER EXISTING RAW WATER LINE EXISTING IRRIGATION EXISTING BURIED ELECTRICAL EXISTING OVERHEAD ELECTRICAL EXISTING FIBER OPTIC EXISTING SANITARY SEWER MONITORING WELLS PERMIT EOUNCAkf MIN PI 4L'• W IL4 TRANCE P IS.7P 48'40.22" i • aww rr.r:nv- +-.—WR.PAL:.nWNnyNuw•,dlnias.Pn..rxSwui•Av.rademf0.tvta--i ._ 1 r4 POC QL ARO GU Wf24 BC Nt10 itAW 41 —►9 A noft PAOI 1011W MO ELECABC tARf(ID W Rtb WV) EXISTING STRUCTURE / EXISTING HIGH WATER LINE EXISTING TREE CANOPY FLOOD PLAIN PROPERTY LINE UNPAVED ROAD IA ntk.( 1 MAYA I( PIKI *A1IM AND ee EC!RTC WE fro HI REMOvfQ) PREPARED UNDER THE SUPERVISION OF NAME KPM S. Ragan P.G. DATE QUALIFIED AS A PROFESSIONAL GEOLOGIST AS DEFINED IT COLORADO STATUTE. 1 3C.0' INGRESS! AHD EGRESS EASEMENT FOR LOTS An Nf[L 1J659 -R -R REO n(RRA COWES, [LC C(NIURr [AA' ca -s OPAAC ON/ CA 5ncR ANt) OEFRC( Bu4049GS — - -- r PIVOT 1N41EW (INE(7D SE RCMOVCO) % !(t NE / EAS(M(NI OW W * I V/ sRE.e% , NO19L E 04 ANO GAS left t J (ANN /12-19 60.c WELD coyNri ROAD 25.5 ROW BK 5 PG )36. $ CCMCO WA ,'ER e.NE 121.1 SUNCOR EASEMENT RFC NO 3636508 Il r 1.17 of •4 D 1�/C. I THIS MAP WAS CREATED TO SATISFY SECTION 6.4.3 SUBSECTIONS B, C, D, E AND I OF THE COLORADO MINED LAND RECLAMATION BOARD CONSTRUCTION MATERIAL RULES AND REGULATIONS. IF£57CRN MQS7R(AM GAS (At — wISFERN 04051RCAM 645 (AVE r— CCNCO WATER LINE i-- 0CwCO WATER LINE V KCEL CNERCr Ov(RAICA0 (t (DISC EN( Wt '4:),' .4 4.4 Rel (/ HUNAN a PO( OA AVG GAS WEt nSR- St: 7-.3z OCR /_T -JO "IA.., \— NCSIERPt MOS1 II 7J C45 LAY(, rsTERN MICSTREAF1 EASEMENT 'AEC NO 141V65) nrosara I I I I I I II II II I I )OA DiP MTDfREAM II EASEMENT I1 PEC NO. 4131740 I I 6C.D' ACCESS 1 II AND DRAINAGE A b.• EASEMENT • NELL 1074250- p ofie9 W CUEFELCVR I!3 MI E 1'S a I \� AKA I POC Ott AAO GS al t NSR—G0lf11.0 R /18-30 l 19.9 ACCESS ANp IRRIGATION EASEMENT REC NO. 3719674 80.5 WESTERN MUTUAL> DITCH ROW I1L P GAS 3! — CC11C0 /MICR t Alt 20 tNV( CCWCO IRRIGATION AKA GAS LLN( EASEMENT Plc NO 3719674 3G.c' AKA EASEMENT REC NO 4119994 L I , II I I II II 1 10.C AKA EASEMENT REC NO409)198 Witt .L.'n' ALLAN /AA NJ. 0 200 I...R=r tt *hi 14042-R „Amer FRANK .40 a run, Know whit's 1)010w. Call bcUMV you dig. CIVIL RCS'OURCES 8308 COLORADO BLVD SUITE 20C FIRESTONE, CO 80504 303.833.1416 W W W.CIV ILR E SOURCES.COM MONARCH MOUNTAINS MM 5 CONCOURSE PRIVY. SUITE 1900 ATLANTA. GA 30121 710.1/9-$514 101 ERIC LEIGH REVISIONS DESCRIPTION DESIGNED IV_ La_ DRAWN SY: SL CHECKED BY' AyL MB NO. DWG NAME EX -C-1 PRLMINING MAP.DWG DATE 1/1/202E SCALE(:S NOTED AS NOTED PRE -MINING MAP C-1 LEGEND: yie4wula••••;,, 0 < PROPOSED PERMIT BOUNDARY WATER TABLE MAJOR CONTOUR WATER TABLE MINOR CONTOUR EXISTING BARBED WIRE FENCE EXISTING CHAINIINK FENCE EXISTING EASEMENT EXISTING GAS LINE EXISTING WATER LINE EXISTING STORM SEWER EXISTING RAW WATER LINE EXISTING IRRIGATION EXISTING BURIED ELECTRICAL EXISTING OVERHEAD ELECTRICAL EXISTING FIBER OPTIC EXISTING SANITARY SEWER MONITORING WELLS PERMIT EOUNCA' ��\ IVNE • •TRANCE I/ 40• :•15.77' W 11.4 4bV0.tr I' b PREPARED UNDER THE SUPERVISION OF NAME Kyle S. Regan P.G. GATE QUALIFIED AS A PROFESSIONAL GEOLOGIST AS DEFINED IN' COLORADO STATUTE. II \\ II 11 II II. NrodING N[L[ NUs-a-a INV WO EOINR S [[c tom----�' t / / r 0 1 ) ti THIS MAP WAS CREATED TO SATISFY SECTION 6.4.3 SUBSECTION F OF THE COLORADO MINED LAND RECLAMATION BOARD CONSTRUCTION MATERIAL RULES AND REGULATIONS. - Wf[t 14028-R uNICD en MO SMV14170N ASI II II II 11 iI II 11 II 11 tdh L.Ltltruth' pI ILL ewe,t: yr Zr *(L 7'65 N n$ t AAG M'U t A77t t •. ..o .....W..W.v1.WPlpN'Wuu' I� II f I I: it II P27 t IL II a r , a,,;, 4 *Pt 106JB7- A/ LAN /NANI( •01" $ftt 14042-R JAVICE PRANK Know Mut') below. Call before you dig. CIVIL R[SIPURC1', 8308 COLORADO BLVD SUITE 2CC FIRESTONE, CO 80504 303.833.1416 W W W.CIV ILRESOURCES.COM MONARCH MOUNTAINS MD 5 CONCOURSE PKWY. SUITE 19C0 ATLANTA. GA 30120 720.209.5504 (p; ERIC LEIGH MONARCH-DENM GRAVEL MINE DRMS 112 PERMIT APPLICATION GILCREST, COLORADO REVISIONS 0 DESCRIPTION OAT! DESIGNED IT jyg DRAWN IT ._ CHECKED BY Un DATE •!1[1012 SCALES NOTED AS NOTED )DI NO. DWG NAvUF-_-; PREMIXING MAP,DWG PIEZOMETRIC SURFACE AND BEDROCK MAP EXHIBIT M - OTHER PERMITS AND LICENSES The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.13 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: The Operator has obtained or will apply for the following permits prior to mining: Colorado Department of Public Health and Environment • Air Pollution Emission Notice (APEN) Permit • Colorado Discharge Permit System (CDPS) and Storm Water Management Plan — Storm Water Only Weld County • Use by Special Review — an amendment is being submitted concurrently to Weld County with this DRMS 112 Amendment The Operator will provide to the Colorado Division of Reclamation Mining and Safety copies of all required and approved permits and licenses when available. Monarch -DEN M — Gravel Mine — MLRB 112 Permit Application Exhibit M -1 PROPERLY LMIE $ scclOav Lite a r E I A SURGE PILE R9OPCRIY LAC MINE SLOPE PERMIT BOUNDARY •• MINE ENTRANCE N 40.18'1S.77 - W 104.48'40.22" SUIE MIGNON). 60 !"00.n PLANT SITE APPROXIMATE EAGLES NEST TYPICAL SECTION - MINING SLOPE NOT TO SCALE FRESH WATER POND - 1 (PHASE 1) AG 397,200 CY (60°/D RECOVERY) O6 24,728 CY 0.8 YEARS DRYING AND SCREENING BUILDING rrA'u C lne• (flu' vies. I SILTATION POND(PHASE 1) AG 826,300 CY (60% RECOVERY) OB 130,600 CV 1.7 YEARS (PAW Crisis cl-f C ri.w PROPOSED CONVEYOR ALIGNMENT AND ACCESS ROAD CELL 4 (PHASE 5) AG 5,315,500 CY OB 442,200 CY 10.6 YEARS EX BUILDINGS TO SE UTILIZED S SITE \ ` \� 1 OFFICE \\ \ 1AMV4ME0 J SLURRY WALL BEDROCK CELL 3 (PHASE 4) AG 6,587,500 CY OB 296,400 CY 13.2 YEARS FRESH WATER POND (PHASE 5) AG 286,700 CY (60% RECOVERY) OB 46,800 CY 0.6 YEARS /OD YEAR a 000 PLAaV SEC BON uMf OVERBURDEN STOCK PILE AREA (19 Acres) LEGEND: SECTION LAVE CELL 2 (PHASE 3) AG 3,469,200 CY OB 215,600 CY 6.9 YEARS £3 0 B� PROPOSED PERMIT BOUNDARY SLURRY WALL ALIGNMENT PROPOSED MAJOR CONTOUR PROPOSED MINOR CONTOUR EXISTING BARBED WIRE FENCE EXISTING EDGE OF PAVEMENT - EXISTING EASEMENT SECTION LINE EXISTING RIGHT OF WAY PROPOSED CONVEYOR EXISTING GAS LINE EXISTING WATER LINE - PROPOSED ACCESS ROAD EXISTING DIRT ROAD FLOOD PLANE EXISTING BURIED ELECTRICAL EXISTING OVERHEAD ELECTRICAL EXISTING FIBER OPTIC WATERWAY MONITORING WELLS ELECTRICAL BOX OVERHEAD ELECTRIC POLE -- /$ �-NCR 75.5 _ _..11-5 SECAIN LINE CELL 1 (PHASE 2) AG 2,113,600 CY OB 50,900 CY 4 YEARS PREPARED UNDER THE SUPERVISION OF: NAME Kyle S. Regan P.G. DATE QUALIFIED AS A PROFESSIONAL GEOLOGIST AS DEFINED BY COLORADO STATUTE. 0 1Ro Co CIVIL RES'AURCES 8308 COLORADO BLVD SUITE 20C FIRESTONE, CO 80504 303.833.1416 WWW.CIVILRESOURCES.COM W.CIV ILRESOURCES.COM MONARCH MOUNTAIN PISA 5 CONCOURSE PKWY, SUITE 1900 ATLANTA. GA 3032$ 720.289-5584 (p) ERIC LEIGH REVISIONS DESCRIPTION DESIGNED BY: SA_ DRAWN BY: j a_ CHECKED BY: ma. DATE: Z12312012 SCALPAS NOTED AS NOTED MINING PLAN MAP 10B NO.: DWG NAMEi -CS-MINE PLAN AND REC PUW SHEET. C-5 EXHIBIT D — MINING PLAN The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.4 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: (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; The permit area includes a significant deposit of sand and gravel located in the alluvium of the South Platte River in Weld County. The site is located west of Highway 60, north of Weld County Road 40.5, and east and south of the South Platte River. It encompasses 545.90 acres (plus or minus) and consists of four slurry wall lined pits, an unlined Siltation Pond, and two Fresh Water Ponds. Site Preparation: Initial disturbance on the property will be stripping overburden from Fresh Water Pond 1 and the Siltation Pond to establish the plant footprint and construction of site berms. Mining will then commence in these phases once the plant has been established. During preparation of the Plant, Fresh Water Pond and Siltation Pond, roads will be established from the entrance to the plant area and to the office. A scale with a scale house will be installed along the exit road in the plant area. A drying and screening building will be constructed at the east end of the plant site in the initial phases of the mine. The miner will utilize the existing buildings in the west of Cell 4 as the office until the point when mining progresses to the buildings. Existing Structures: The site is currently utilized as irrigated crop land, as such there is irrigation infrastructure located in the south freshwater pond, Cell 2, Cell 3, and Cell 4 that will need to be removed prior to mining. There are existing farm buildings along the western edge of Cell 4 that will be utilized as the site offices. These buildings will be removed prior to mining that side of Cell 4 during the later stages of the mine. There is an access easement that bisects Cell 4 to service the farm buildings which is owned by the property owner and will be removed. The office building structures located between the southern Fresh Water Pond and the Siltation Pond are planned to remain through the duration of the mine. There are multiple oil and gas companies operating wells at the site that have facilities that will need to be removed prior to mining. These facilities include: • 2 PDC wells and gas lines in Cell 2 • 1 KPK well and tank battery west of Cell 4 • 1 PDC well and tank battery west of Cell 4 • 1 PDC well and tank battery located in the Plant Site The Miner is responsible for obtaining the necessary agreements for removal of these facilities prior to mining in the area. MI: Scrapers and/or bulldozers will strip the topsoil of any affected land prior to mining or stockpiling. Topsoil will be segregated and stockpiled either in berms around the mine pits or in the processing area. Topsoil stockpiles and berms that remain dormant for fourteen days Monarch DENM — Gravel Mine — MLRB 112 Permit Application Exhibit D -1 shall be roughened, mulched, or tackified to stabilize them. Topsoil stockpiles that remain in place over 180 days will be seeded with the seed mixture described in the Reclamation Plan. Overburden will then be stripped with scrapers and stockpiled in the processing area north of the plant. Any excess material not needed for reclamation may be sold or hauled off -site during the life of the mine. There will be no mining below the groundwater table until the slurry wall is complete, tested and approved for each slurry wall lined cel. For unlined cells, there will be no mining below the groundwater table until an approved Substitute Water Supply Plan(SWSP) has been obtained. Prior to starting construction of any slurry wall, the applicant shall apply for a Technical Revision with a slurry wall design report. Each slurry wall lined phase will be dry -mined using scrapers, bulldozers, front-end loaders, excavators, or similar equipment. The Fresh Water Pond and Siltation Pond will be unlined an wet mined with excavators. Mining at the site will progress in five major stages comprised of minor phases expected to last approximately 37 years. A map depicting the phases can be found in Exhibit C-5. Processing: The material will be wet screened and transported offsite by truck. No crushing is planned at the site. The processing area will be located on the north side of the siltation pond, east of Cell 4. Drying and Screening Building: The building that houses the drying and screening operation will be on a reinforcd concrete pad that will be approximately 250' x 50' and located at the processing area. Included with the building is a rotary dryer, baghouse, and 2 80 -foot -tall silos with a truck loading spout. The entire footprint for the drying and screening operation is under 2 acres. Import Material: The Operator may import material from and export material to 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. (b) Earthmoving; Topsoil will be stripped with scrapers and/or bulldozers in the mining cells and stockpile areas and stockpiled in berms surrounding the pit for use in reclamation. Overburden will then be stripped with scrapers and/or bulldozers and placed either in the stockpile to the north of Cell 2 or to the stockpile north of the plant. Excavators, front-end loaders, and bulldozers will be used to excavate the material. Haul trucks and conveyors will be utilized to transport the raw material from the active mine phase to the processing area. See Exhibit C-5 for a cross-section of side -slope mining; the mine slope will be at a 3 horizontal to 1 vertical slope from the mine limit. If needed, overburden, recovered silt or other suitable fill will be replaced to establish the final slope profile. Monarch DENM — Gravel Mine — MLRB 112 Permit Application Exhibit D - 2 (c) All wafer diversions and impoundments; Storm water will be discharged per a CDPHE discharge permit. There are no planned diversions or impoundments of existing water bodies. A wash cycle for the aggregate processing area will be established using the freshwater pond as a source and the silt pond for return flow, with a pipe between the source pond and the return pond. Any water consumed will be provided by the existing water rights associated with the property and/or a groundwater well with associated substitute water supply plan (see Exhibit G). (d) The size of area(s) to be worked at any one time. Each phase is approximately 27-97 acres in size. The Operator may mine multiple phases concurrently in order to obtain a range of material for production. In addition to mining, the Operator, will begin reclaiming slopes as mining is finished in each stage. Since multiple phases will be being worked at any one time, the approximate size of the areas to be worked at any one time will range from 25 acres to 120 acres and will depend on market conditions. The Financial Warranty will be increased, as appropriate, to reflect all of the phases being mined at any time. (e) An approximate timetable to describe the mining operation. The timetable is for the purpose of establishing the relationship between mining and reclamation during the different phases of a mining operation. The Operator anticipates that mining will commence as soon as all permits are in place. The Operator anticipates extracting approximately 750,000 tons of aggregate in a typical year, up to 1,000,000 tons at peak capacity. Production rate will vary based on market demands. Timetable for Mining and Reclamation TIMETABLE Phase 1 (Freshwater and Siltation Ponds) — 2.3 years Phase 2 (Cel/ 1) — 4 years Phase 3 (Cell 2) — 6.9 years Phase 4 (Cell 3) -13.2 years Phase 5 (Cell 4)— 10.6 years Total Project - 37 years (I) Use Mining Plan Map in conjunction with narrative to present: Monarch DENM - Gravel Mine - MLRB 112 Permit Application Exhibit D - 3 (i.) Nature, depth and thickness of the deposit and thickness and type of overburden to be removed The deposit consists mainly of sand and gravel with some lenticular clay deposits. The depth to bedrock ranges from 13 feet deep near the river to 58 feet deep to the east side of the site. Overburden is mainly sandy silt grading in to silty sand averaging approximately four feet in depth. (ii.) Nature of the stratum immediately beneath the material to be mined in sedimentary deposits Bedrock consists mostly of soft bluish -grey claystone consistent with the Denver Formation. (g) Identify the primary and 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. Gold may be extracted as an adjunct component of any wash equipment installed at the site. (i) Specify if explosives will be used in conjunction with the mining (or reclamation) No explosive material will be used on -site. (I) Specify the dimensions of any existing or proposed roads that will be used for the mining operation. Describe any improvements necessary on existing roads and the specifications to be used in the construction of new roads. New or improved roads must be included as part of the affected lands and permitted acreage. Affected land shall not include off -site roads which existed prior to the date on which notice was given or permit application was made to the office and which were constructed for purposes unrelated to the proposed mining operation and which will not be substantially upgrades to support the mining operation. Describe any assocated drainage and runoff conveyance structures to include sufficient information to evaluate structure sizing. The affected land and permitted acreage is inclusive of over one and one-half miles of land directly abutting pubic roadways; there is no need for any additional driveways, and on -site haul roads will be incidental to mining areas depicted on the Mining Plan Map. No roadways are affected by the mining operation other than access roads within the permit boundary and existing public roads to the site. The Operator will apply for a Weld County Access Permit for the site. Monarch DENM — Gravel Mine — MLRB 112 Permit Application Exhibit D - 4 EXHIBIT E — RECLAMATION PLAN This information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.5 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: The proposed mining and reclamation plan focuses on minimizing the ecological impacts of mining, minimizing the length of time of impact, and maximizing long-term benefits. (a) A description of the type(s) of reclamation the Operator proposes to achieve in the reclamation of the affected land, why each was chosen, the amount of acreage accorded to each, and a general discussion of methods of reclamation as related to the mechanics of earthmoving; The majority of the site (Cell 1 through Cell 4) will be reclaimed to lined water storage reservoirs due to a need within the county and state for water storage facilities. The mined area in the Siltation Pond and Fresh Water Pond may be backfilled back to native grade and used as farmland or may be converted to a water storage facility if economically feasible and sufficient void space exists at the completion of mining. Refer to Exhibit F for the acreages of each cell and additional details. Earthmoving Topsoil mined while establishing the plant sites and establishing the Fresh Water Pond and Siltation Pond will be placed in a berm along the edge of the pit. The bermed topsoil will be used in final reclamation of the siltation pond and freshwater pond. Any excess topsoil will be place to the north of the plant site(See Figure C-5). Topsoil mined in later phases will be placed in berms around the current mine phase or placed in the topsoil stockpiles to the north of the plant site or north of Cell 2. Topsoil from these stockpiles will be used to reclaim vegetated areas over the rest of the site. Topsoil may be replaced by a scraper or haul truck, excavator, and bulldozer, and will generally be graded with a blade. All grading will be done in a manner that controls erosion and siltation of the affected lands, to protect areas outside the affected land from slides and other damage. Reclamation in each phase will begin as soon as mining in that phase is completed. Overburden and clay seam materials will be removed from mining phases and stockpiled north of Cell 2 and adjacent to the Freshwater Pond and Siltation Pond(See Figure C-5). Overburden and clay materials may also be sold as general fill to remove excess material not needed in Reclamation. All disturbed areas will be regraded and smoothed to a finished grade that is suitable for revegetation or the final land use. (b) A comparison of the proposed post -mining land use to other land uses in the vicinity and to adopted state and local land use plans and programs. The water storage reservoirs will be compatible with the other land uses in the vicinity, which includes farmland, industrial land, and rural residential. Municipal boundaries have Monarch-DENM — Gravel Mine — MLRB 112 Permit Application Exhibit E -1 approached the vicinity of the site and represent a growing need for both construction materials and water storage facilities. (c) A description of how the Reclamation Plan will be implemented to meet each applicable requirement of Section 3.1. The Operator will carry reclamation to completion with reasonable diligence. Each phase of reclamation will be generally completed within one to two years from completion of mining, but not more than five years from the date the Operator informs the Board or Office that final reclamation has commenced. Section 3.1.5 Reclamation Measures Material Handling: Grading will be performed to help control erosion and siltation of the affected lands through phased mining, implementing good operation techniques to handle material as little as possible, and vegetation of stockpiles remaining in place for more than 180 days. Although the use of erosion protection devices is not anticipated, if deemed necessary by the operator at the time of excavation, silt fence, haybale dams or other erosion control devices will be installed. Backfilling and grading will be completed as soon as feasible after the mining process is complete for each phase. Maximum slopes and slope combinations will be compatible with the configuration of surrounding conditions and selected land use. Mining will occur at a 3:1 slope. Reclaimed slopes in the water storage reservoir will not be steeper than a 3:1 ratio and will be shaped by a bulldozer to remove rills caused by precipitation. Any gaps in the slope will be filled with fill materials and construction methods that will insure stability. The upland area will be reclaimed to grades consistent with pre -mining drainage patterns. The operator will backfill using fill material generated on -site, or imported inert fill generated outside the permit area. If any inert off -site material is used as backfill, a notarized letter will be submitted to the Division as required by Section 3.1.5(9) of the MLRB Construction Material Rules and Regulations. It is not anticipated that mining will uncover any refuse or acid-forming or toxic producing materials, however if any such materials are encountered the operator will take precaution to handle the materials in a manner that will control unsightliness and protect the drainage system. Drill or auger holes that are part of the mining operation shall be plugged with non- combustible material, which shall prevent harmful or polluting drainage. Any test pits, soils boring holes, or monitoring wells not located within the mine excavation limits will be plugged as soon as it can be confirmed that they are no longer needed for the operation. Mined material to be disposed of within the affected area will be handled in such a manner to prevent any unauthorized release of pollutants to the surface drainage system. No unauthorized release of pollutants to groundwater shall occur from any materials mined, handled or disposed of within the permit area. Monarch-DENM — Gravel Mine — MLRB 112 Permit Application Exhibit E - 2 Section 3.1.6 Water -General Requirements: 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. The operator will develop and comply with a stormwater management plan and will use best management practices (BMPs) to ensure groundwater and surface water are protected to the greatest possible extent. BMPs include schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the pollution in runoff from the site. Section 3.1.7 Groundwater - Specific Requirements: The Operator will comply with the applicable standards and conditions for classified and unclassified groundwater. Section 3.1.8 Wildlife: The mining and reclamation plans have been designed to account for the safety and protection of wildlife on the mine site. The Operator will mine the site in phases and use concurrent reclamation methods to minimize the impact on wildlife. The proposed reclamation plan may improve wildlife habitat. The proposed seed mix and plantings will create improved cover, foraging, roosting, and nesting areas for wildlife. The water area within the reservoir will serve as habitat for waterfowl and other bird species and the fringes of the reservoir will be used by mammal, bird, reptile and amphibian species. Control and/or removal of noxious and weedy species during the project and the introduction of desirable graminoid, forb and potential woody species during reclamation will result in enhancement of wildlife habitat on the project site. Section 3.1.9 Topsoiling: Topsoil shall be removed and segregated from other spoil. 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 180 days will receive vegetative cover with the Weld County Sandy Site Mix noted below: Weld County - Sandy Site Mix Sand Bluestem (Champ, Chet) 1.00 lbs pls/acre Sand Lovegrass (Bend, Native, Ne27) 2.50 lbs pls/acre Indian Ricegrass (Nezpar, Rimrock) 3.00 lbs pls/acre Prairie Sandreed (Goshen) 0.75 lbs pls/acre Green Needlegrass (Lodorm) 1.50 lbs pls/acre Little bluestem (Blaze, Cimarron, Camper) 0.75 lbs pls/acre Monarch-DENM — Gravel Mine — MLRB 112 Permit Application Exhibit E - 3 Yellow Indiangrass (Cheyenne, Holt, Scout) 0.50 lbs pls/acre Switchgrass (Blackwell, Nebraska 28) 1.50 lbs pls/acre Sand Dropseed 0.50 lbs pls/acre Total: 12.00 pounds pls/acre Section 3.1.10 Revegetation: In those areas where revegetation is part of the reclamation plan, 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. These areas are relatively minimal given the water development reclamation plan for the site. The proposed seed -mix and plantings for reclamation are outlined below: Weld County - Areas South of County Road 68 Mix Western Wheatgrass (Arriba, Barton, Rosana) 2.50 lbs pls/acre Blue Grama (Hachital, Lovington) 1.50 lbs pls/acre Sideoats Grama (Vaughn, Butte, Niner, El Reno, Haskell) 2.25 lbs pls/acre Smooth Brome (Lincoln, Manchar) 2.00 lbs pls/acre Sand dropseed 0.25 lbs pls/acre Perennial Ryegrass (Calibra or Garibaldi tetraploid) 0.75 lbs pls/acre Slender Wheatgrass (Pryor, Revenue or San Luis) 2.50 lbs pls/acre Alkaligrass (Fults II, Salt on Sea) 1.25 lbs pls/acre Switchgrass (Nebraska 28, Blackwell) 1.00 lbs pls/acre Total: 14.00 pound pls/acre Section 3.1.11 Buildings and Structures: The existing house and outbuilding in the western portion of Cell 4 will be utilized as office buildings until mining progresses to that portion of the Cell and the buildings are removed. A portable building will be utilized as an office during Phase 5 and will be placed in the plant area. An aggregate processing plant, a 250 by 50 -foot sand drying and screening plant and two 80 -foot tall silos will be located at the site for the duration of mining operations. These structures will be removed and the footprint will be graded back to native grade prior to final reclamation. The plant structures are shown on Figure C-5. Conveyors will be constructed at the site to move material from the cells to the processing plant. The approximate conveyor alignment is shown on Figure C-5. Section 3.1.12 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. Monarch-DENM - Gravel Mine - MLRB 112 Permit Application Exhibit E - 4 (d) Plans for topsoil segregation, preservation and replacement; for stabilization, compaction and grading of spoil; and for revegetation. Topsoil will be removed and segregated from other spoil. Topsoil not needed for reclamation may be sold or removed from the site. 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 and protects 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. For example, final grading of the reservoir above the high water line will replace material no steeper than 3:1 slope to meet the grade at the top of the banks. Topsoil will be uniformly placed and spread on areas disturbed by the mining, above the anticipated high water line. 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. In those areas where revegetation is part of the reclamation plan, the Operator will revegetate the land in such a manner 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. Seed will be drilled and mulched. The revegetation seeding list on the Reclamation Plan Map contains the preferred species of grasses to be planted. Seeding will take place once final grading and replacement of topsoil have been completed for each phase. Timing of seeding will be consistent with standard horticultural practice for dryland applications - generally between late September and the middle of April to ensure there is adequate moisture for germination. (e) A plan or schedule indicating how and when reclamation will be implemented. Include: i. An estimate of the periods of time which will be required for the various stages or phases of reclamation. Reclamation for any given stage of mining may take up to five years to allow for successful revegetation. Please refer to the Timetable for Mining in Section (e) of Exhibit D. ii. A description of the size and location of each area to be reclaimed during each phase. Please refer to the Reclamation Plan Map (Exhibit F). iii. Outlining the sequence in which each stage or phase of reclamation will be carried out. Monarch-DENM - Gravel Mine - MLRB 112 Permit Application Exhibit E - 5 Please refer to the Timetable for Mining in Section (e) of Exhibit D. (f) A description of: i. Final grading — maximum anticipated slope gradient or expected ranges thereof; The finished slopes of the reservoir will be no steeper than 3:1 for slopes mined at a 3:1. ii. Seeding — types, mixtures, quantities and time of application; Please refer to the Reclamation Plan Map for the list of plant materials and seeds to be utilized. Timing of seeding will be consistent with standard horticultural practice for dryland applications - generally between late September and the middle of April to ensure there is adequate moisture for germination. Additional plantings may be installed once the reservoirs are full of water and the grasses are established. iii. Fertilization — types, mixtures, quantities, and time of application; The type and application rate of fertilizer shall be determined based on a soil test at the time of final reclamation. iv. Revegetation — types of trees, shrubs, etc.; The site is historically irrigated farmland. The site will be revegetated with an upland grass seed mix in areas that are above the highwater line or are graded back to native grade. v. Topsoiling — specify anticipated minimum 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 above the anticipated high water line and areas graded back to native grade. The minimum thickness shall be 6 inches above the surrounding finished grade. WEED MANAGEMENT PLAN The Operator will monitor and control noxious weeds as they appear. The Operator may control weeds mechanically, by mowing and/or discing, or with a contact herbicide. Monarch-DENM — Gravel Mine — MLRB 112 Permit Application Exhibit E - 6 MAXIMUM WATER SURFACE ELEVATION ►EE MIT BOUNDARY MINE ENTRANCE N 40°11 15.77' W 104•46 40.22' SCALE MOUSE • PLANT SITE ADO 12' OF TOP SOIL AND RESEED DISTUMED ARIAS *NOVI THE NIGH WATER LINE WITH APPROVED SEED MIX T -I Imo- F 5 �1 SURGE PILE DRYING AND SCREENING BUILDING FRESH WATER POND TOPSOIL 21 20,200 CY FILL z 402,000 CY CELL 4 - RECLAIM AT 3 1 SLOPE SLURRY WALL LENGTH a 9,042 Lf TOPSOIL NEEDED a 17,400 CV EX BUILDINGS TO BE UTILIZED AS SITE OFFICE \N. EXISTING SLURRY WALL TYPICAL SECTION - RECLAMATION SLOPE NOT TO SCALE SILTATION POND TOPSOIL z 40,900 CY • FILL 2= 655,000 CY • (ONLY HALF OPEN AT A TIME) 0 FRESH WATER POND - 2 i OPENED AFTER FRESH WATER i$D POND 1 IS RECLAIMED TOPSOIL z 16,000 CY FILL z 317,500 CY CELL 3 - RECLAIM AT 3:1 SLOPE SLURRY WALL LENGTH a 6,763 LF TOPSOIL NEEDED ■ 16,900 CY /00 WAR ft 000 RAN DER THE SUPERVISION OF: QUALIFIED AS A PROFESSIONAL GEOLOGIST AS OIMIMED W COLORADO STATUTE. SCCFO LIFE sfOD1 rTTI_r___ LEGEND: e. PROPOSED PERMIT BOUNDARY SLURRY WALL AUGNMENT PROPOSED MAJOR CONTOUR PROPOSED MINOR CONTOUR EXISTING BARBED WIRE FENCE EXISTING EDGE OF PAVEMENT EXISTING EASEMENT SECTION LINE EXISTING RIGHT OF WAY PROPOSED CONVEYOR EXISTING GAS LINE EXISTING WATER LINE — PROPOSED ACCESS ROAD EXISTING DIRT ROAD FLOOD PLANE EXISTING BURIED ELECTRICAL EXISTING OVERHEAD ELECTRICAL EXISTING FIBER OPTIC WATERWAY MONITORING WELLS m ELECTRICAL BOX OVERHEAD ELECTRIC POLE SEChOY RAMC CELL 2 - RECLAIM AT 3:1 SLOPE SLURRY WALL LENGTH a 7.041 IS TOPSOIL NEEDED a 13.600 CY CELL 1 • RECLAIM AT 3'.1 SLOPE SLURRY WALL LENGTH • 5.392 LC TOPSOIL NEEDED • 10,400 CY ISIOGNRY-AM.I a M41 CIaAW M *town Wrap.. una. hater. Rs 4aea 5U M Milan NIA an riRta4. Lawgan 150 tY d14v. gnM1 Can Na4A EW. NM. EIRn. rtHB I_ M Wale „n.P, Beaa 'Nut. IInIW, =00 L. 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I4,N "ad CIVIL RI S1l1RCl S 8308 COLORADO BLVD SUITE 20C FIRESTONE, CO 80SC4 303.833.1416 WWW.CIVILRESOURCES.COM W.CIV ILRE SOURCES.COM MONARCH MOUNTAIN P&A S CONCOURSE PKWY, SUITE 1900 ATLANTA, GA 30326 720.259•$964 (p) ERIC LEIGH REVISIONS NO DESCRIPTION CAT DESIGNED 5Y JIL& DRAWN BY: jL CHECKED BY: AN_ .306 NO.: DWG MAME ER•CS-MINE PLAN AND EEC ►IJAI.OWG DATE. 2/2112022 SCALERS NOTED !IS NOTED RECLAMATION PLAN MAP EXHIBIT G — WATER INFORMATION This information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.7 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: (a) Locate on the map (Exhibit C) tributary water courses, wells, springs, stock water ponds, reservoirs and ditches The site is 0.2 miles east of the South Platte River. Please refer to Exhibit C for locations of water courses in close proximity to the site, including wells, springs, stock water ponds, reservoirs and ditches. (b) Identify all known aquifers The site is underlain by a shallow alluvial aquifer, typical of its position upgradient of the South Platte River. (c) Show how water from dewatering operations or runoff from disturbed areas, piled material and operating surfaces will be managed to protect against pollution of either surface or groundwater both during and after the operation. Please refer to the Mining Plan Map in Exhibit C-5 of this application. Mine areas will drain internally. Uncontrolled releases of surface water in disturbed areas will not occur. Stormwater collected in the active mine area will be managed through the dewatering system. The dewatering system will be comprised of a sump which will hold a floating pump. The pump will have an HDPE discharge line that will be routed to one of the comingled discharge points located at the site. The pump will be powered by a diesel generator housed in the active mine area. (d) Estimate project water requirements including flow rates and annual volumes for the development, mining and reclamation phases of the project. Water needs estimated below provide for sustained production as detailed in the Mining Plan. The Operator will adjust water supplies to account for actual demand, avoid waste, and continuously comply with laws and regulations of the Division of Water Resources and any other water agency having jurisdiction over the operation. Protected Use And Consumption: Annual evaporative depletions will be the evaporation from up to 5000 feet of 4 -foot wide de -watering trench, located inside of the slurry wall. The total area of exposed water is 0.5 acres. The gross annual evaporation at the Monarch DENM Mine is 42 inches according to NOAA Technical Report NWS 33, Evaporation Atlas for the Contiguous 48 United States. Monthly evaporative losses are determined using percentages specified by the State Engineer's Office for locations below 6,300 feet. The nearest weather station is in Longmont where the average annual precipitation is 15.08. Effective precipitation, that part of historical precipitation which was consumed by native vegetation on land to be covered by water surface, is conservatively estimated to be 70 MONARCH DENM — Gravel Mine — MLRB 112 Permit Application Exhibit G -1 percent of the total precipitation. The annual average effective precipitation at the property is estimated to be 9.09 inches. When subtracting the effective precipitation from the gross evaporation yields, the net annual evaporation is 31.44 inches, or 2.68 acre-feet per acre. The Fresh Water Pond 1(FWP 1) is approximately 12.9 acres and the Siltation Pond will be utilized in 10 acre stages. The approximate acreage of open water surface is 22.9 acres. The annual amount of evaporation from open water surfaces is 62.7 acre-feet. The second Fresh Water Pond will not be utilized at the same time as Fresh Water Pond 1 and it is slightly smaller than FWP 1(approximately 10 acres). Mining Production & Operations: The Operator expects to extract approximately 500,000 tons annually of aggregate material from the site. All water retained in the recovered material will be replaced pursuant to the Substitute Water Supply Plan (SWSP). The total annual amount of water retained in the gravel product from mining activities totals approximately 6.8 acre-feet. The SWSP is renewed annually and will reflect analysis of production and depletion anticipated in each year of operation. In addition, an estimated 4.0 acre-feet of water per year will be used for dust control based (approximately) on 5,900 gallons per day for 5 days a week for 10 months. Annually the total evaporative and operational losses from mining activities (open water surface evaporation, water retained in the aggregate product, dust suppression) totals 73.5 acre-feet of depletion which must be augmented. All depletions were lagged to the South Platte River using the lagging factors approved by the State Engineer pursuant to on -going Substitute Water Supply (SWSP) approvals. (e) Indicate the projected amounts of the water sources to supply project water requirements Replacement Water: The Miner will obtain an approved Substitute Water Supply Plan from the State Engineers office every year, providing annually or more frequently the opportunity to review the sufficiency of water supplies. The SWSP approvals require that the applicant provide a detailed explanation of the mining operations, a quantification of all mining activities and subsequent depletions and all legally available replacement sources. Water Sources Controlled by the Property Owners: Western Mutual Ditch 24 shares (own) Western Mutual Ditch 3 shares (leased) Farmers Independent 10 shares (leased) Grotto Water wells Main Farm property Big Bend Property Big Bend Ditch 3 Wells 6 wells 5 wells 3.48 CFS (6.9 acre feet) - March 1 -Dec 15 (f) Affirmatively state that the Applicant has acquired or applied fora National Pollutant Discharge Elimination System permit from the Water Quality Control Division MONARCH DENM — Gravel Mine — MLRB 112 Permit Application Exhibit G - 2 Groundwater Sampling and Analysis Plan This information provided in this subsection of Exhibit G is intended to satisfy the requirements outlined in the Groundwater Monitoring and Protection Technical Bulletin dated November 19, 2019: Existing Groundwater Conditions The near surface groundwater is part of an alluvial aquifer in which permeable sand and gravel alluvium overlies relatively impermeable bedrock of either the Fox Hills Sandstone and/or the Laramie Formation. Groundwater, measured in 7 piezometers, occurs at depths usually ranging from 5 to 26 feet below surface with shallower groundwater to the north of the site. The prevailing groundwater flow at the site is to the north reflecting the site topography. Groundwater in the area is tributary to the South Platte River located northwest of the site. Locally the groundwater levels and flow directions are likely influenced by: ➢ The South Platte River is northwest of the site. For most of the year, the river likely acts as a drainage way maintaining groundwater levels at elevations greater than water elevations in the river. In shorter periods of high run off, usually in the spring, river water levels will locally recharge the groundwater table. ➢ The Western Mutual Ditch passes through the site between Cell 1 and Cell 2. The ditch may act like a drain during the non -irrigation season maintaining water levels at or above the water levels in the ditch. During the irrigation season, the ditch may serve as a source of recharge to the water table. ➢ The Farmers Independent Ditch traverses three quarters of a mile southeast of the site. The ditch may act like a drain during the non -irrigation season maintaining water levels at or above the water levels in the ditch. During the irrigation season, the ditch may serve as a source of recharge to the water table. ➢ There are two irrigation ponds servicing the irrigation pivots at the site. These ponds likely causes elevated groundwater levels at the south of the site during the irrigation season. MONARCH DENM — Gravel Mine — MLRB 112 Permit Application Exhibit G - 4 ➢ Irrigation: The site is located in an area of irrigated cropland. Applied irrigation that is not lost to evaporation and transpiration lively recharges the groundwater. ➢ Alluvial wells: Other than the seven monitoring wells drilled at the site for monitoring groundwater levels, there are also nineteen pumping wells permitted within 600 feet of the mine property. There are seven wells north of the site, two wells east of the site, nine wells south of the site and one well west of the site. If pumping, groundwater will be drawn to these wells. Potential Slurry Wall and Mining Impacts to Local Groundwater Levels For all lined cells, a properly constructed slurry wall will tend to isolate these cells from the surrounding alluvial groundwater table. The liner around these cells could cause "mounding" of groundwater (increase in groundwater elevation) on the upgradient side (south and southeast) of the lined cells and a potential "shadow effect" (reduction in groundwater level) on the downgradient side (north and northwest) of the mine. Because the liner will tend to isolate these cells from the surrounding groundwater table, the effects of dewatering when mining lined cells will tend to not extend beyond the liner. Any mounding effect on the upgradient side of the site (south and southwest) is anticipated to be on the order of a few feet or less and will dissipate with distance from the mine. Similarly, shadowing effects will be on the order of a few feet and will dissipate with distance from the mine. The shadowing effects will be minimized by the presence of the South Platte River to the northwest and the Western Mutual Ditch that runs between Cells 5A and 5B and the Farmers Independent Ditch which runs southeast of the site. Dewatering of the unlined cells (Freshwater Pond 1, Freshwater Pond 2 and the Siltation Pond) will result in decreases in water levels around these cells. Since there are no wells permitted within 600' of the unlined cells, the effects of dewatering the unlined cells will be minimal. Area Wells A review of the permitted wells on file with the State Engineer's Office (SEO), Division of Water Resources (DWR) indicates that there are forty one permitted pumping wells within 600 feet of the permit boundary. All of these wells are screened in the alluvium. None of these wells are within 600 feet of the unlined cells (Cells 1 and 2). The well locations and applicants are shown on Figure G-2 attached at the end of this secticn. Groundwater Level Monitoring and Mitigation Plan Dewatering during mining of Cells 1 and 2 is unlikely to affect any wells in the area. However, if the miner receives a complaint, the following mitigation plan will be implemented. The site monitoring wells will be measured monthly to identify potential changes in alluvial groundwater flow or elevation associated with mining and reclamation activities. Baseline data will be collected prior to dewatering or construction of the slurry walls. Baseline data will be collected from the monitoring program will provide a range of relative water levels associated with pre -mining groundwater conditions. Experience MONARCH DENM — Gravel Mine — MLRB 112 Permit Application Exhibit G - 5 at other mines in similar geologic settings has found that groundwater levels tend to fluctuate being highest in the summer irrigation season and lowest in the winter and early spring. If, during mining or reclamation, the relative seasonal groundwater elevation at any monitoring wells differs from baseline conditions by more than 2 feet, and the condition was not observed during baseline monitoring, or if the miner receives a complaint from any well owner within 600 feet of the site boundary, then the miner will evaluate the cause and take action within 7 days and notify the DRMS. After the DRMS has been notified, the miner will review the data and available information and submit a report to the DRMS within 30 days. The evaluation will include discussions with the well owner who has contacted the miner regarding a concern and review of baseline data from the well and vicinity to evaluate whether changes may be due to seasonal variations, climate, mining, slurry wall lining or other factors. The report will identify the extent of potential or actual impacts associated with the changes. If the extent of groundwater changes due to mining or reclamation activities is determined to be a significant contributing factor that has or may create adverse impacts, the mining associated impacts will be addressed to the satisfaction of the DRMS. Miner will begin implementing one or more mitigation measures if mining and reclamation activity is determined to be a significant factor to groundwater changes requiring mitigation. Mitigation measures may include, but are not limited to: ➢ Placing water in a recharge pond to raise groundwater levels around the well. ➢ Constructing a local clay liner at the edge of the mine Cell (i.e. between the dewatering point and the well) in order to raise water levels on the well side of the liner and mitigate dewatering effects. ➢ Cleaning the well to improve efficiency. ➢ Providing an alternative source of water or purchasing additional water to support historic well use in terms of water quantity and quality. If needed, water quality parameters will be checked in affected wells to ensure alternative sources support historic use. ➢ Modifying a well to operate under lower groundwater conditions. This could include deepening the well or lowering pumps. All work would be done at the miner's expense with the exception of replacing equipment that was non-functional prior to mining. MONARCH DENM — Gravel Mine — MLRB 112 Permit Application Exhibit G - 6 Groundwater Quality Monitoring Plan Since mining operations at the site will take place inside of slurry wall lined cells, except for establishing the Freshwater Pond and Siltation Pond, it is unlikely that these operations will have a negative effect on groundwater quality. To establish pre -mining groundwater quality for the site and to get coverage for each side of the site, the permittee will sample MW -1, MW -2, MW -4, and MW -6. To establish that mining has had no negative affect on water quality in the area, RMCC will sample the wells listed above annually during the month of November. The water quality samples will be tested for the analytes listed in Tables 1 through 4 of "The Basic Standards for Ground Water," excluding the radiological section of Table 1. RMCC will notify DRMS within 7 days of receiving a lab report that indicates any of the standards set forth in Tables 1 through 4 have been exceeded. If a lab report indicates an exceedance, a new sample will be taken to verify the exceedance and discount lab contamination. Any water quality lab results will be included in the DRMS annual report for the site. Annual groundwater testing will be conducted for the life of the mine unless the requirement has been reduced or eliminated through the Technical Revision process with the DRMS. MONARCH DENM — Gravel Mine — MLRB 112 Permit Application Exhibit G - 7 CIVIL RESOURCES, LLC ENGINEERS S. PLANNERS June 1st, 2022 Mr. Eric Leigh Monarch Mountain Minerals and Aggregates, LLC. 5 Concourse Parkway, Suite 1900 Atlanta, GA 30328 RE: Monarch DENM Gravel Mine— Mitigation Plan for Potential Groundwater Impacts Dear Mr. Leigh The purpose of this memo is to describe the existing groundwater regime in the vicinity of the Monarch DENM gravel mine including the potential groundwater impacts of the new soil-bentonite slurry wall(slurry wall) installations and wet mining of the Siltation and Freshwater Ponds. The Monarch DENM The site is located west of Highway 60, north of Weld County Road 40.5, and east and south of the South Platte River. It encompasses 545.90 acres (plus or minus) and consists of four slurry wall lined pits, an unlined Siltation Pond, and two Fresh Water Ponds. More specifically, the site is within parts of Section 18, 19 and 30, Township 4 North, Range 66 West, 6. P.M., County of Weld, State of Colorado. The site is approximately 550' south east of the South Platte River at its closest point. Land uses in the area include irrigated agricultural, oil and gas production, active gravel mines, mines reclaimed as below grade reservoirs, and low -density residential housing. The Monarch DENM site will be mined in 5 phases comprising 7 cells. Phase 1 will consist of 2 unlined cells referred to as the freshwater pond and the siltation pond. The siltation pond will receive wash fines from the processing of mined sand and gravel. Phase 2 will be lined with a slurry wall and will contain Cell 1. Phase 3 will be lined with a slurry wall and will contain Cell 2. Phase 4 will be lined with a slurry wall and will contain Cell 3. Phase 5 will consist of 1 unlined Fresh Water Pond and a slurry wall lined Cell 4. Existing Groundwater Conditions The near surface groundwater is part of an alluvial aquifer in which permeable sand and gravel alluvium overlies relatively impermeable bedrock of the Denver Formation. Groundwater, measured in 7 piezometers, occurs at depths usually ranging from 4.6' to 29.3' feet with shallower groundwater to the north of the site. The prevailing groundwater flow at the site is to the north west reflecting the site topography. Groundwater in the area is tributary to the South Platte River located north of the site. Locally the groundwater levels and flow directions are likely influenced by: ➢ The South Platte River is north and west of the site. For most of the year, the river likely acts as a drainage way maintaining groundwater levels at elevations greater than water elevations in the river. In shorter periods of high run off, usually in the spring, river water levels will locally recharge the groundwater table. ➢ An unnamed slough runs between the South Platte River and the site. The slough likely acts as a drainage way maintaining groundwater elevations greater than water elevations in the slough. ➢ The Western Mutual Ditch traverses the southern portion property from west to east between Cell 1 and Cell 2 and then follows the east permit boundary until it flows underneath County Road 25.5. The ditch may act like a drain during the non -irrigation season maintaining water levels at or above the water levels in the ditch. During the irrigation season, the ditch may serve as a source of recharge to the water table. 8308 COLORADO BLVD • FIRESTONE, COLORADO 80504 • PHONE: 303.833.1416 • FAX: 303.833.2850 CIVIL RES,URCES > There are four (4) small pivot ponds at the site. These ponds likely cause elevated groundwater levels at the site during the irrigation season. > Irrigation: The site is located in an area of irrigated cropland. Applied irrigation that is not lost to evaporation and transpiration likely recharges the groundwater. ➢ Alluvial wells: Other than the five monitoring wells drilled at the site for monitoring groundwater levels, there are also eight pumping wells permitted within 600 feet of the mine property. There are three wells north of the site, three wells east of the site, one well south of the site and one well west of the site. If pumping, groundwater will be drawn to these wells. Potential Slurry Wall and Mining Impacts to Local Groundwater Levels For all lined cells, a properly constructed slurry wall will tend to isolate these cells from the surrounding alluvial groundwater table. The liner around these cells could cause "mounding" of groundwater (increase in groundwater elevation) on the upgradient side (south and southeast) of the lined cells and a potential "shadow effect" (reduction in groundwater level) on the downgradient side (north and northwest) of the mine. Because the liner will tend to isolate these cells from the surrounding groundwater table, the effects of dewatering when mining lined cells will tend to not extend beyond the liner. Any mounding effect on the upgradient side of the site (south and southwest) is anticipated to be on the order of a few feet or less and will dissipate with distance from the mine. Similarly, shadowing effects will be on the order of a few feet and will dissipate with distance from the mine. The shadowing effects will be minimized by the presence of the South Platte River to the northwest. Dewatering of the unlined cells (Siltation Pond, and Freshwater Ponds) will result in decreases in water levels around these cells. Area Wells A review of the permitted wells on file with the State Engineer's Office (SEO), Division of Water Resources (DWR) indicates that there are eight permitted pumping wells within 600 feet of the permit boundary. All of these wells are screened in the alluvium. Three of these wells are located within 600 feet of the unlined cells (south Fresh Water Pond, Siltation Pond and North Fresh Water Pond). Wells within 600 feet of the permit boundary(not owned by the site property owner) are discussed below: > Carrol Sorrell Well 12462 -R -R: This well is northeast of the plant area and is cross -gradient from the site. It is not expected to see a rise or fall due to the mine. ➢ Richard Karbowski Well 216684-8: This well is located between the north Freshwater Pond and the Siltation Pond. During mining of the North Freshwater Pond and Siltation Pond this well may see some drawdown due to the dewatering process. A monitoring well was installed approximately 250 feet to the west in order to monitor the effects of dewatering on the Karbowski well. ➢ Red Tierra Equities LLC Well 13689 -R -R: This well is approximately 350 feet east of the Siltation Pond and may see some drawdown during dewatering of the Siltation Pond. ➢ United Water and Sanitation District Well 14028-R: This well is located approximately 365' southeast of the southern Fresh Water Pond. This well is upgradient from the unlined Fresh Water Pond and may see some drawdown during dewatering operations. > Gerald Moran Well 187426—A: This well is located approximately 220 feet southeast and upgradient from the slurry wall lined Cell 2 and north of the Western Mutual Ditch. This well may see a groundwater mounding effect from the Cell 2 slurry wall on the order of a couple feet. CIVIL RES,URCES ➢ Allan Frank Well 206387-: This well is located approximately 520' south west of the slurry wall lined Cell 1. The well is cross -gradient from Cell 2 and it is not anticipated to see changes in groundwater table. > Janice Frank Well 14042-R: This well is located approximately 520' south west of the slurry wall lined Cell 1. The well is cross -gradient from Cell 2 and it is not anticipated to see changes in groundwater table. ➢ Ben Gutfelder Well 1874250-: This well is located approximately 275 feet northwest and downgradient from Cell 2. The well may see a groundwater shadow effect from the Cell 2 slurry wall on the order of a couple of feet. The groundwater shadow effect will likely be mitigated by the wells proximity to the South Platte River. Groundwater Level Monitoring and Mitigation Plan Dewatering during mining of the Siltation Pond and Freshwater Pond is unlikely to affect any wells in the area. However, if the miner receives a complaint, the following mitigation plan will be implemented. The site monitoring wells will be measured monthly to identify potential changes in alluvial groundwater flow or elevation associated with mining and reclamation activities. Baseline data collected from the monitoring program will provide a range of relative water levels associated with pre -mining groundwater conditions. Experience at other mines in similar geologic settings has found that groundwater levels tend to fluctuate being highest in the summer irrigation season and lowest in the winter and early spring. If, during mining or reclamation, the relative seasonal groundwater elevation at any monitoring wells differs from baseline conditions by more than 2 feet, and the condition was not observed during baseline monitoring, or if the miner receives a complaint from any well owner within 600 feet of the site boundary, then the miner will evaluate the cause and take action within 7 days and notify the DRMS. After the DRMS has been notified, the miner will review the data and available information and submit a report to the DRMS within 30 days. The evaluation will include discussions with the well owner who has contacted the miner regarding a concern and review of baseline data from the well and vicinity to evaluate whether changes may be due to seasonal variations, climate, mining, slurry wall lining or other factors. The report will identify the extent of potential or actual impacts associated with the changes. If the extent of groundwater changes due to mining or reclamation activities is determined to be a significant contributing factor that has or may create adverse impacts, the mining associated impacts will be addressed to the satisfaction of the DRMS. Miner will begin implementing one or more mitigation measures if mining and reclamation activity is determined to be a significant factor to groundwater changes requiring mitigation. Mitigation measures may include, but are not limited to: ➢ Placing water in a recharge pond to raise groundwater levels around the well. ➢ Constructing a local clay liner at the edge of the mine Cell (i.e. between the dewatering point and the well) in order to raise water levels on the well side of the liner and mitigate dewatering effects. > Cleaning the well to improve efficiency. ➢ Providing an altemative source of water or purchasing additional water to support historic well use in terms of water quantity and quality. If needed, water quality parameters will be checked in affected wells to ensure alternative sources support historic use. ➢ Modifying a well to operate under lower groundwater conditions. This could include deepening the well or lowering pumps. All work would be done at the miner's expense with the exception of replacing equipment that was non-functional prior to mining. Attachments: Existing Conditions Map Proposed Reclamation Map J:1Quikrete - 2821Monarch DENMIDRMS\Correspondence\DBMSIAdequacylGroundwatenGroundwater Monitoring Plan.doc EXHIBIT L - RECLAMATION COST Activity Quantity Units Unit Costs Cost A. Processing area/Office/Shop (Equipment: Excavators, Dozers, Tractor, Water Truck) 1 Remove concrete pad for wash plant 30 CY $ 65.00 $ 1,95500 2 Demolish and remove foundation of 250' x 50' drying screening operation 400 CY $ 65.00 $ 26,000.00 4 Remove concrete base for scale 10 CY $ 65.00 $ 650.00 5 Remove 12' diamter concrete foundation for silos 4 CY $ 65.00 $ 260.00 6 Scarify ground 15 Acres $ 150.00 $ 2,250.00 7 Spread 12" topsoil 24,300 CY $ 0.75 $ 18,225.00 8 Seed and Mulch 15 Acres $ 900.00 $ 13,500.00 ,az.jam, ... „ +'rr pS,jgi ... x - .t'�.+ 555`7 F' .. ..v-.. N'k�+ . `. .+, �:: .. . "-:4[GM'- B. Unlined Ponds and Stockpiles (Equipment: Excavators, Dozers, Scrapers, Water Truck) 1 Beckfill Fresh Water Pond 12.5 acres, 60% recovery(one pond open at a time) 402,000 CY $ 2.05 $ 824,100.00 2 Backfill Siltation Pond, 60% recovery(1/2 open at a time = 655,000/2) 327,500 CY $ 2.05 $ 671,375.00 3 Scariffy Ground(unlined pond and stockpile areas) 66 Acres $ 150.00 $ 9,900.00 4 Spread 12" topsoil(unlined pond and stockpile areas) 106,121 CY $ 1.50 $ 159,181.50 5 Seed and Mulch unlined .ond and stockpile areas) 66 Acres $ 900.00 $ 59,400.00 t+ Y ..,,Y ".... .45,. si,p•'Abl:Egi ,. ,,,, . ..` � ,. .' 0 Y~; .'+a:�v..d:�. �. am,'n<�sr E. Area Surrounding Lined Reservoirs (Equipment: Dozers, Scrapers, Water truck) 1 Scariffy Ground 36 Acres $ 150.00 $ 5,400.00 2 Spread 12" topsoil 58,300 CY $ 1.50 $ 87,450.00 3 Seed and Mulch 36 Acres $ 900.00 $ 32,400.00 . r F. Slurry Wall @ 100% Installation Cost ($6.92 per SF) per DBMS Bonding Requirement. Assumes 61'(North) and 52'(South) average depth (including 4' key into bedrock.) South slurry wall will not be constructed for more that 2 years. Equipment used- Excavators, Dozers, Scrapers, Water Truck Cell 1 Slurry Wall @100°/x, 5392 linear feet of slurry wall approx 50' deep 269,600 SF $ 5.12 $ 1,380,352.00 Cell 2 Slurry Wall @0%, 7,041 linear feet of slurry wall approx 50' deep Cell 3 Slurry Wall @0%, 8,782 linear feet of slurry wall approx 50' deep Cell 4 Slurry Wall @0%, 9,042 linear feet of slurry wall approx 50' deep (slurrywalls for Cells 2-4 are more than 2 years out, and will be bonded prior to construction) $ n:.' �Y e` Performance Bond (2.02%) - Based on DRMS estimate $ 66,506.35 Performance Bond (3.07%) - Based on DRMS estimate $ 34,570.13 Job Superintendent (240 hours @ $75/hr) - Based on DRMS estimate $ 18,000.00 Contractor Mob and DeMob (3%) - Based on DRMS estimate not induding slurry wall $ 57,361.25 Contractor Overhead and Profit (10%) - Based on DRMS estimate not induding slurry wall $ 191,204.15 Subtotal S 7 1 3� ILegat,≥Tring$.Pro,Manmert , Financial warranty processing (legal/related costs) ($500) $ 500.00 Engineering Work and/or contract/bid preparation (4.25%) $ 155,551.50 Redamation management and/or administration (5%) - Based on DRMS estimate $ 183,001.77 i Contingency (3%) $ 98,771.81 Hello