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HomeMy WebLinkAbout20223503.tiffNOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR SPECIAL 111 OPERATION NOTICE TO THE BOARD OF COUNTY COMMISSIONERS W c Irk COUNTY RECEIVED NOV 282022 WTY COMMISSIONERS S (f.(st R..ia ofty) 1 NC 5c.Uit (the "Applicant/Operator") has applied for a Special 111 reclamation permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct the, extraction of construction materials in We it) County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Reclamation, Mining, and Safety (the "Division") and the local county clerk or recorder. The Applicant/Operator proposes to reclaim the affected land to Dc.,Nly..1pAte Rtiowcct use. Pursuant to Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Board of County Commissioners before approving of the post -mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the application within five (5) working days after the application was filed with the Division. If you would like to discuss the proposed post -mining land use, or any other issue regarding this application, please contact the Division of Reclamation, Mining, and Safety, 1313 Sherman St., Room 215, Denver, Colorado 80203, (303) 866-3567. NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice of a change to a previously filed application you must either attach a copy of the changes, or attach a complete and accurate description of the changes. Pub' ;G Rey-;ec.J ' Wyk /2.2 RECEIVED DEC 08 2023 WELD COUNTY COMMISSIONERS (co,Ple4e APPi c...f:an) j/ Q� 1,eip/ a'cit ` Y e� // CC:PL.('r'P/M!i/DA/Ka/DA), Pi,.t(CH/ER/CK) t2./t4/22 2022-3503 STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Deparune'mt of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866.3567 FAX (303) 832.8106 CONSTRUCTION MATERIALS SPECIAL (Ill) OPERATION RECLAMATION PERMIT APPLICATION FORM COLORADO DIVISION f RECLAMATION MINING SA&Y The application fora Construction Materials Special 111 Operation Reclamation Permit contains four major parts: (1) the application form; (2) Exhibits A -L, Addendum 1, and any sections of Exhibit 6.5 (Geotechnicai Stability Exhibit), as required by the Office, and outlined in Rules 6.1, 6.2, 6.3, 6.5, and 1.6.2(I)(b); (3) the application fee; (4) the Performance Warranty and if required a Financial Warranty. When you submit your application, be sure to include one (1) completed. signed and notarized ORIGINAL and one ( I ) copy of the completed application form, two (2) copies of Exhibits A -L, Addendum 1, appropriate sections of Exhibit 6.5 (Geotechnicai Stability Exhibit), as required, a check for the application fee described under (4) below, and the fully executed Performance Warranty and Financial Warranty, if required. Exhibits should E I be bound or in 3 -ring binders; maps should be folded to 8 2" X 1 I" or 8 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, ail information described below 1. Apollcaat/operator or company name (name to be used on the permit): IHC soon 1.1 Type of organization (corporation, partnership, etc.): eargeragea 2. Operation name (nit. mine or site name); CR 43 Borrow garb" 3. Permitted acreage: 8.0 Permitted Acres 4. New Application: S898.00 Application Fee 5. primary commodities) to be mined: Construction RI Material - Minimal Aggregate 6. Name of owner to the surface of affected land: Front Range Feedlots 7. Name of owner to the subsurfacerightsof affected land: Front Range Feedlots 8. Tvoe of mining operation( Z. Surface El Underground II In -situ 9. j. oration Information; The outer of the area where the majority of mining will occur: CO . Weld PRINCIPAL MERIDIAN (check one): ' 6th (Colorado) ID 10th (New Mexico) 1:1Ute SECTION (write number): S 27 TOWNSHIP (write number and check direction): T 6 North South RANGE (write number and check direction): R 66 East ` West QUARTER SECTION (check one): NE NW SE SW QUARTER/QUARTER SECTION (check one): NE ✓ NW SE SW GENERAL DESCRIPTION: (the number of miles unction from the nearest town and the approximate elevation): 3.5 Miles Northeast of Greeley Colorado. The approx. elevation is 4,691'. Location access is existing and will not be improved. Office of Office of Mined Land Reclamation Denver • Grand junction • Durango Active and Inactive Mines -2- 10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (N) (W) 39° 44' 104° 59' 3.87" Latitude (N): deg 40 mm 27 12.98" see S1 .56 (2 decimal places) Longitude (W): deg 104 min 39 sec 22 .19 (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 (UTM) Example: 201336.3 E NAD27 Zone 13 4398351.2 N UTM Datum (specify NAD27, NAD83 or WGS 84) Easting Northing Nad 83 12 Zone 11. Primary Future (Post -mining) Land Use (check oniv ne) o: © Cropland(CR) f. Pastureland(PL) fl Rangeland(RL) fi Forestry(FR) ® Residential(RS) n. Recreation(RC) 0 Developed Water Resources(WR) 12. Primary Present Land Use (check only one): C3 Cropland(CR) E3 Pastureland(PL) U Rangeland(RL) Forestry(FR) Residential(RS) „Q Recreation(RC) 0 Developed Water Resources(WR) 13. Estimated Beginning Date of Contract: General Agriculture(GA) 0 Wildlife Habitat(WL) 0 Industrial/Commercial(IC) © Solid Waste Disposal(WD) General Agriculture(GA) El Wildlife Habitat(WL) n Industrial/Commercial(IC) Mg(MN) 11/14/2022 13.1 Estimated completion date of contract: 07/14/2022 14. Maps & Exhibits: Submit two (2) complete, unbound copies of the following application exhibits: 63.1 EXHIBIT A - Legal Description and Location Map 6.3.2 EXHIBIT B - Site Description 6.3.2 EXHIBIT C - Mining Plan 6.3.4 EXHIBIT D - Reclamation Plan 6.3.5 EXHIBIT E - Maps, to include the location of any recorded easements 6.3.6 EXHIBIT F - List of Other Permits and Licenses Required 6.3.7 EXHIBIT G - Source of Legal Right -to -Enter 6.3.8 EXHIBIT H - Municipalities Within a Two-mile Radius 6.3.9 EXHIBIT I - Proof of Filing with County Clerk 6.3.10 EXHIBIT J - Proof of Mailing Notices of Permit Application 6.3.11 EXHIBIT K - Terms of Governmental Contract 6.3.12 EXHIBIT L - Permanent Man-made Structures 1.6.2(1)(n) ADDENDUM 1 - Notice Requirements 6.5 Geotechnical Stability Exhibit (as required) 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 eacji 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. 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; 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information contained in the application or your permit misrepresent important material facts; 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties, to you as permittee can result; 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a new permit application and obtain approval from the Board or Office; 5. It is your responsibility to notify the Office of any changes in your address or phone number; 6. Upon permit issuance and prior to beginning on -site mining activity, you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information (Rule 3.1.12): a. the name of the operator; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, c. the permit number. -3- 15. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Contact's Name: Jeff Meyer Title: Project Manager Company Name: IHC Scott Street/P.O. Box: 10303 E. Dry Creek Rd., STE 300 P.O. Box: City: Englewood State: Colorado Zip Code: 80112 Telephone Number: (303 _ 790-9100 Fax Number: ( 1 - PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: _ Title: Company Name: Street/P.O. Box: P.O. Box: City: State: Zip Code: Telephone Number: ( ) - Fax Number: INSPECTION CONTACT Contact's Name: Jeff Meyer Title: Project Manager Company Name: IHC Scott Street/P.O. Box: 10303 E. Dry Creek Rd, STE 300 P.O. Box: City: Englewood State: Colorado Zip Code: 80112 Telephone Number: (847 ) - 778-4040 Fax Number: ( 1 - CC: STATE OR FEDERAL LANDOWNER (if any) N/A Agency: Street: City: State: Zip Code: Telephone Number: �1- CC: STATE OR FEDERAL LANDOWNER (if any) Agency: N/A Street: City: State: Zip Code: Telephone Number: ( 1- -4- -5- 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 Mineral 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 ($504), 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 an operator, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. 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. -6 - 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. All necessary approvals from local government have been applied for (Section 34-32.5-111(1)(a)(IX)); 2. This entire mining operation will not affect more than 30 acres; 3. This mining operation will not adversely affect the stability of any significant, valuable and permanent man-made structure(s) located within two hundred (200) feet of the affected lands. (However, where there is an agreement between the applicant/operator and the persons having an interest in the structure that damage to the structure is to be compensated for by the applicant/operator (Section 34-32.5-115(4)(e), C.R.S. 1984, as amended), then mining may occur within 200 feet. Proof of an agreement must be submitted to the Office prior to the decision date.) 4. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115(4)(1), C.R.S. 1984, as amended); 5. As the applicant/operator, I do not have any mining/exploration operations in this 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. 1984, as amended) as determined through a Board finding. 6. 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. 1984, as amended. This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-111,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 IHC Scott day of _odbt , Oc a• . By: Ti State of ect Manager ) ss. County of The foregoing instrument was acknowledged before me this by rvu21-itr LISA R. COONTS NOTARY PUBLIC STATE OF COLORADO NOTARY Ip:19904014114 MY COMMISSION EXPIRES 0926,2004 day of If Corporation Attest (Seal) 2 orporate Secret or Equivalent Town/City/ ounty Clerk o_li as Pry f al4C Notary Public My Commission expires: SIGNATURES MUST BE IN BLUE INK STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 60203 Phone: (303) 886-3587 FAX: (303) 832-8106 Operator: Operation: Permit Number: PERFORMANCE WARRANTY IHC son W0R 43 Borrow Location COLORADO DIVISION 0 F RECLAMATION MINING SAFETY This form has been approved by the Mined Land Reclamation Board ("Board's pursuant to the Mined Land Reclamation Act (CR.S. § 34-32401 et. seq.) ("Hard Rock Act") and associated Rules (2 C.C.R. 407-1) ("Hard Rock Rules") and the Land Reclamation Act for the Extraction of Construction Materials (C.R.S. § 34-32.5-101 et. seq.) ("Construction Materials Act9 and associated Rules (2 C.C.R. 407-4) ("Construction Materials Rules'). Any alteration or modification of this form, without approval by the Board shall result in the performance warranty being invalid and result in the voiding of any permit issued in conjunction with such invalid performance warranty and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to sections 34-32-123, C.R.S. of the Hard Rock Act and 34-32.5-123, C.R.S. of Construction Materials Act. KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. § 34-32-101 gt mg. (the "Hardrock Act"), as amended, and the Colorado Land Reclamation Act for the Extraction of Construction Materials, C.R.S. § 34-32.5-101 et . (the "Construction Materials Act"), as amended (collectively the "Acts"), provide that no permit may be issued until the Mined Land Reclamation Board (the "Board") receives a performance warranty consisting of the Operator's written promise to comply with the requirements of the Hardrock or Construction Materials Act, whichever is applicable. WHEREAS, INC $00 (the "Operator"), has applied for a permit to conduct a mining operation known as W0R 49 Borrow Location (the "Operation") on certain lands in WGId County, Colorado. These lands are described in the permit application, as amended and supplemented, and are referred to herein as the "Affected Lands." WHEREAS, in its application for the permit, the Operator has agreed to be bound by all requirements of the Hardrock or Construction Materials Act and all applicable rules and regulations of the Board, as amended from time to time. Office of Mined Land Reclamation inactive Mines Denver • Grand Junction • Durango Office of Active and WHEREAS, the Operator hereby gives the Board this performance warranty pursuant to C.R.S. §§ 34-32-117(2) or 34-32.5-117(2), and herein promises the Board that it will comply with all applicable requirements of the Hardrock or Construction Materials Act. NOW, THEREFORE, The Operator hereby promises the Board that it will comply with all applicable requirements of the Hard Rock or Construction Materials Act and applicable rules and regulations of the Board. The Operator hereby promises the Board that it will comply with all of the terms of the application for a permit, as amended and supplemented, as well as any conditions attached to the permit by the Board. The Operator promises the Board, pursuant to C.R.S. §§ 34-32-112(1)(d) or 34-32.5-112(1)(b)(IV), that it has the lawful authority to enter upon the Affected Lands to conduct mining operations, including, but not limited to, reclamation. The Operator further recognizes the right of the Board to enter to reclaim lands affected by the Operation. The description of lands herein is for convenience of reference only, and no error in such description, revision of the permitted mining area, or disturbance by the Operator of lands outside of the permitted mining area shall alter or diminish the Operator's obligation hereunder, which shall extend to the reclamation of all such lands disturbed. The obligation of the Operator hereunder is such that, if the Operator shall successfully comply with the requirements of the Hardrock or Construction Materials Act, applicable rules and regulations, and the permit, then the Board, upon a finding that the Operator has so complied, shall release this performance warranty, and the Operator from its obligation hereunder. The obligation of the Operator hereunder shall continue until released by the Board in accordance with applicable law. The Operator promises to be responsible for the cost of reclamation up to the amount established by the Board and has attached hereto its financial warranty, in accordance with C.R.S. §§ 34-32-117(3) or 34-32.5-117(3). The Operator agrees that it will maintain a financial warranty (or warranties) covering the Board's estimated costs of reclamation in good standing for the entire life of the permit. If the Operator is a unit of County or Municipal government, or is a department or division of State government, the Operator is not required to submit or post any other instrument of financial responsibility but hereby promises to be responsible for the cost of reclamation up to the amount specified by the Board. If the Board determines that the Operator is in default under this performance warranty and has failed to cure such default, although written notice of such default and ample time to cure such default have been given, the Operator's financial warranty shall be subject to forfeiture. This performance warranty may be executed in multiple copies, each of which shall be treated as an original, but together they constitute only one agreement, the validity and interpretation of which shall be governed by the laws of the State of Colorado. The provisions hereof shall bind and inure to the benefit of the parties hereto and their successors and assigns. -2- SIGNED, SEALED AND DATED this 7 day of 06(f(/j , STATE OF t`Wnxunmixxaa Operator (SpI) v 49� 'ten `_ By: 5 SFAT 1. • Title: John Medberry Vice President NOTARIZATION OF OPERATOR'S ACI O`hLEDGEMENT 00101-0.110 COUNTY OF , h U'_ ss.: The foregoin instru pt as acknowledged be me this day of by J o h r, rrc as V i eQ A, of Notary Publi My Commission Expires STATE OF COLORADO DEPARTMENT OF NATURAL RESOURCES MINED LAND RECLAMATION BOARD DIVISION OF RECLAMATION, MINING AND SAFETY By: Date Executed: Division Director G 496 �xia�uxunxnnmrmuo�r USA R. COONTS NOTARY PUBLIC STATE OF COLORADO NOTARY In: 19964014114 MY COMMISSION EXPIRES 09-26-024 Rev. 05/12 I Surface Wa to Impc?uncime.9;t (CUFrent9'y Dry) snow Area t. 40.45972 ►g.-104.6550 L1HC SCOTT1 Exhibit A — Borrow Area Location Map (NW Y4 of the NW % of Section 27, Township 6 North, Range 65 West, 6th PM) WCR 66 and WCR 41 Intersection Roadway Improvements Project Weld County Project Number: GR-45 IHC Scott Project Number: 22310 Revislon Date: 11112022 Reclamation Permit Application Package (111) Exhibit B — Site Description WCR 66 and WCR 41 Roadway Improvements Project Weld County Project Number: GR-45 IHC Scott Project Number: 22310 Revision Date: December 7,2022 Page 1 of 2 Applicability In support of Weld County Works WCR 66 and WCR 41 Roadway Improvements Project (Project), IHC Scott has developed this Reclamation Plan for the borrow area associated with the Project. The Construction Material Rules and Regulations (the Colorado Land Reclamation Act for the Extraction of Construction Materials, Section 34-32.5- 101 et Lag., C.R.S., 34-32.5-116, and 2 CCR 407-1) and the Colorado Mined Land Reclamation Board regulate permitting, operational, and reclamation requirements for all construction material extraction operations in Colorado. As part of the permitting process, owners/operators must submit a 111 Reclamation Permit Application for construction projects that extract materials (e.g., sand, gravel, or quarry aggregate) for the sole purpose of obtaining material for highway, road, utility, or similar type of construction under a federal, state, county, city, town, or special district contract and where the contract calls for work to be commenced within a specifically short time affecting thirty (30) acres or less. This Reclamation Plan is Exhibit D of the Construction Material Special (111) Operation Reclamation Permit Application Package. Project Information The Project is located at the intersection of WCR 66 and WCR 41 in Weld County in Greeley, Colorado. The Project includes erosion control, clearing and grubbing, topsoil removal/stockpile, pavement removal, roadway grading and sub -grade preparation, ditch diversion, installation of irrigation and drainage structures, paving, signage and striping, and final erosion control and revegetation. In support of the grading portion of this project approximately 20,000 cubic yards of geotechnically suitable material will be borrowed from an offsite source (private property). The borrow area sits on a large parcel of land located on the southeast corner of the intersection of WCR 66 and WCR 43 (see Location Map in Exhibit A). The proposed start date for the project is November 14, 2022. The start date of borrow activities is to be determined based on project progression. Property and Borrow Area Owner Information Front Range Feedlots, LLC 31751 County Road 43 Greeley, CO 80631 Operator Information IHC Scott 10303 East Dry Creek Road, Suite 300 Englewood, CO 80112 Operator's Contact Person Jeff Meyer — IHC Scott Project Manager Email: iemever@ihcscott.com Cell: 847-778-4040 Scan] Reclamation Permit Application Package (111) Exhibit B — Site Description WCR 66 and WCR 41 Roadway Improvements Project Weld County Project Number: GR-45 IHC Scott Project Number: 22310 Revision Date: December 7,2022 Page 2 of 2 Responsible Party Information IHC Scott is the responsible party for the reclamation described in this Reclamation Plan. November 11, 2022 Signature Date Jeff Meyer Name IHC Scott — Project Manager Title Site Description The location and legal description of the borrow area is provided on the Borrow Area Location Map In Exhibit A. Features of the site include: • The borrow area sits on a large parcel of land referred to as the Property (~70 acres). • The Property is located "'3.5 miles northeast of Greeley, Colorado on the south side of WCR 66 between WCR 43 and WCR 45. • Borrow area GPS coordinates; latitude: 40.45972, longitude: -104.6550 (^'4.0 acres) • Borrow area legal description: NW Y, of the NW 34 of Section 27, Township 6 North, Range 65 West, 6th PM • The ground surface at the borrow area consists of partially exposed soil, weeds, and primarily dormant grasses. • The parcels of land directly east and south of the borrow area are currently used for agricultural purposes. • There is a dry surface water impoundment ("17.5 acres) located directly north of the borrow area. • It is not anticipated that groundwater will be encountered during borrow activities. • The borrow area can be accessed from two locations off WCR 66 and two locations off WCR 43. No new access roads will be constructed on the Property during borrow activities. • There is an oil and gas production facility located on the north side of the Property. • There are no permanent structures located on the Property or borrow area, or within 200' of the proposed borrow area • The Property and borrow area are relatively flat (4,691 feet above mean sea level). • There are no current activities being conducted at the borrow area location. • Borrow location access is existing and will not be improved. giNie 05;O7 Reclamation Permit Application Package (111) Exhibit C — Mining Plan WCR 66 and WCR 41 Roadway Improvements Project Weld County Project Number: GR-45 IHC Scott Project Number: 22310 Revision Date: December 7,2022 Page 1 of 3 Applicability In support of Weld County Works WCR 66 and WCR 41 Roadway Improvements Project (Project), IHC Scott has developed this Mining Plan for the borrow area associated with the Project. The Construction Material Rules and Regulations (the Colorado Land Reclamation Act for the Extraction of Construction Materials, Section 34-32.5-101 et seg., C.R.S., 34-323-116, and 2 CCR 407-1) and the Colorado Mined Land Reclamation Board regulate permitting, operational, and reclamation requirements for all construction material extraction operations in Colorado. As part of the permitting process, owners/operators must submit a 111 Reclamation Permit Application for construction projects that extract materials (e.g., sand, gravel, or quarry aggregate) for the sole purpose of obtaining material for highway, road, utility, or similar type of construction under a federal, state, county, city, town, or special district contract and where the contract calls for work to be commenced within a specifically short time affecting thirty (30) acres or less. This Mining Plan Is Exhibit C of the Construction Material Special (111) Operation Reclamation Permit Application Package. Protect Information The Project is located at the intersection of WCR 66 and WCR 41 in Weld County in Greeley, Colorado. The Project includes erosion control, clearing and grubbing, topsoil removal/stockpile, pavement removal, roadway grading and sub -grade preparation, ditch diversion, installation of irrigation and drainage structures, paving, signage and striping, and final erosion control and revegetation. In support of the grading portion of this project approximately 20,000 cubic yards of geotechnically suitable material will be borrowed from an offsite source (private property). The borrow area sits on a large parcel of land located on the southeast corner of the intersection of WCR 66 and WCR 43 (see Location Map in Exhibit A). The proposed start date for the project is November 14, 2022. The start date of borrow activities is to be determined based on project progression. Property and Borrow Area Owner Information Front Range Feedlots, LLC 31751 County Road 43 Greeley, CO 80631 Operator Information IHC Scott 10303 East Dry Creek Road, Suite 300 Englewood, CO 80112 Operator's Contact Person Jeff Meyer — IHC Scott Project Manager Email: jemever@ihcscott.com Cell: 847-778-4040 scarT Reclamation Permit Application Package (111) Exhibit C — Mining Plan WCR 66 and WCR 41 Roadway Improvements Project Weld County Project Number: GR-45 IHC Scott Project Number: 22310 Revision Date: December 7,2022 Page 2 of 3 Responsible Party information IHC Scott is the responsible party for the mining described in this Mining Plan. Signature JeffMeyer Name November 11.2022 Date IHC Scott — Protect Manager Title Description of Current Site Conditions The location and legal description of the borrow area is provided on the Borrow Area Location Map in Exhibit A. Features of the site Include: • The borrow area sits on a large parcel of land referred to as the Property (~70 acres). • The Property is located "'3.5 miles northeast of Greeley, Colorado on the south side of WCR 66 between WCR 43 and WCR 45. • The parcel of land that the borrow area sits on Is currently permitted through the Colorado Division of Reclamation, Mining and Safety (Mine ID#: M-2018-11); Operator: Ames Construction, 18450 East 28th Avenue, Aurora, CO 80011. • Borrow area GPS coordinates; latitude: 40.45972, longitude: -104.6550 ("'4.0 acres) • Borrow area legal description: NW X of the NW X of Section 27, Township 6 North, Range 65 West, 6th PM • The ground surface at the borrow area consists of partially exposed soil, weeds, and primarily dormant grasses. • The parcels of land directly east and south of the borrow area are currently used for agricultural purposes. • There is a dry surface water impoundment (^'17.5 acres) located directly north of the borrow area. • it is not anticipated that groundwater will be encountered during borrow activities. • The borrow area can be accessed from two locations off WCR 66 and two locations off WCR 43. No new access roads will be constructed on the Property during borrow activities. • There is an oil and gas production facility located on the north side of the Property. • There are no permanent structures located on the Property or borrow area. • The Property and borrow area are relatively flat (4,691 feet above mean sea level). • There are no current activities being conducted at the borrow area location. Description of Mining Operation (Borrow Area) During the WCR 66 and WCR 41 Roadway Improvement Project IHC Scott will use heavy equipment to excavate approximately 20,000 cubic yards of material from the 18 -acre borrow area. The operator will perform stripping operations utilizing front-end loaders, dozers, and blades. All stripped topsoil will be stockpiled on -site prior to borrow material removal. The borrow material will be excavated from the site to a depth of approx. 15 feet utilizing front-end loaders and properly sized excavators. The borrow material will be transported to the Project �� scare Reclamation Permit Application Package (111) Exhibit C — Mining Plan WCR 86 and WCR 41 Roadway Improvements Project Weld County Project Number: GR-45 IHC Scott Project Number: 22310 Revision Date: December 7,2022 Page 3 of 3 location using highway haul trucks. The borrow material will be used to replace geotechnically unsuitable material and/or as fill to bring the Project site to planned grade and geotechnically unsuitable soils from the roadway construction project will be transported back to the borrow area and utilized as fill material, where suitable. Prior to borrow activities the operator will install erosion control measures at the Property and borrow area (i.e., silt fence, erosion logs, temporary berms, etc.), as needed. Temporary measures will be deployed and maintained throughout the duration of the permit to ensure compliance with all requirements associated with this work. Access Restrictions/Public Safety The borrow area is located on private property and access will be controlled by the owner before and after reclamation. There are no access restrictions for this property. The borrow area will not pose a risk to public safety. Conceptual Schedule for Disturbance and Reclamation The conceptual schedule includes: • The anticipated start date of the WCR 66 and WCR 41 Roadway Improvements Project is November 14, 2022. • Borrow activities will begin on or around January 1, 2023 and continue through approx. February 28, 2023. • Reclamation of the borrow area will begin on or around February 28, 2023, and be completed by approx. June 1, 2023. • Borrow location has pre-existing access roads that will not be improved. • Removal of temporary erosion control, if applicable. • Reclamation will be deemed complete once the reclaimed surfaces of the borrow area have been re -graded to safe and stable condition and the requirements listed in the Duties of Operators — Reclamation Plans, Section 34-32.5-116 of Title 34 - Mineral Resources, Article 32.5 - Colorado Land Reclamation Act for the Extraction of Construction Materials have been met, when applicable. Reclamation Permit Application Package (111) Exhibit D — Reclamation Plan WCR 66 and WCR 41 Roadway Improvements Project Weld County Project Number: GR-45 IHC Scott Project Number: 22310 Revision Date: December 7,2022 Page 1 of 6 Applicability In support of Weld County Works WCR 66 and WCR 41 Roadway Improvements Project (Project), INC Scott has developed this Reclamation Plan for the borrow area associated with the Project. The Construction Material Rules and Regulations (the Colorado Land Reclamation Act for the Extraction of Construction Materials, Section 34-32.5- 101 et seg., C.R.S., 34-32.5-116, and 2 CCR 407-1) and the Colorado Mined Land Reclamation Board regulate permitting, operational, and reclamation requirements for all construction material extraction operations in Colorado. As part of the permitting process, owners/operators must submit a 111 Reclamation Permit Application for construction projects that extract materials (e.g., sand, gravel, or quarry aggregate) for the sole purpose of obtaining material for highway, road, utility, or similar type of construction under a federal, state, county, city, town, or special district contract and where the contract calls for work to be commenced within a specifically short time affecting thirty (30) acres or less. This Reclamation Plan is Exhibit D of the Construction Material Special (111) Operation Reclamation Permit Application Package. Project Information The Project is located at the intersection of WCR 66 and WCR 41 in Weld County in Greeley, Colorado. The Project includes erosion control, clearing and grubbing, topsoil removal/stockpile, pavement removal, roadway grading and sub -grade preparation, ditch diversion, installation of irrigation and drainage structures, paving, signage and striping, and final erosion control and revegetation. In support of the grading portion of this project approximately 20,000 cubic yards of geotechnically suitable material will be borrowed from an offsite source (private property). The borrow area sits on a large parcel of land located on the southeast corner of the intersection of WCR 66 and WCR 43 (see Location Map in Exhibit A). The proposed start date for the project is November 14, 2022. The start date of borrow activities is to be determined based on project progression. Property and Borrow Area Owner information Front Range Feedlots, LLC 31751 County Road 43 Greeley, CO 80631 Operator Information 1HC Scott 10303 East Dry Creek Road, Suite 390 Englewood, CO 80112 Operator's Contact Person Jeff Meyer — IHC Scott Project Manager Email: iemeverc ihcscott.com Cell: 847-778-4040 C SCOT Reclamation Permit Application Package (111) Exhibit D — Reclamation Plan WCR 86 and WCR 41 Roadway Improvements Project Weld County Project Number: GR-45 IHC Scott Project Number: 22310 Revision Date: December 7,2022 Page 2 of 6 Besoonsible Party Information IHC Scott is the responsible party for the reclamation described in this Reclamation Plan. Signature Chris Abevta Name November 11, 2022 Date IHC Scott — Environmental Manager Title Description of Current Site Conditions The location and legal description of the borrow area is provided on the Borrow Area Location Map In Exhibit A. Features of the site include: • The borrow area sits on a large parcel of land referred to as the Property (^70 acres). • The Property is located —3.5 miles northeast of Greeley, Colorado on the south side of WCR 66 between WCR 43 and WCR 45. • The parcel of land that the borrow area sits on is currently permitted through the Colorado Division of Reclamation, Mining and Safety (Mine ID#: M-2018-11); Operator: Ames Construction, 18450 East 28th Avenue, Aurora, CO 80011. • Borrow area GPS coordinates; latitude: 40.45972, longitude: -104.6550 (-4.0 acres) • Borrow area legal description: NW % of the NW % of Section 27, Township 6 North, Range 65 West, 6th PM • The ground surface at the borrow area consists of partially exposed soil, weeds, and primarily dormant grasses. • The parcels of land directly east and south of the borrow area are currently used for agricultural purposes. • There is a dry surface water impoundment (-17.5 acres) located directly north of the borrow area. • It is not anticipated that groundwater will be encountered during borrow activities. • The borrow area can be accessed from two locations off WCR 66 and two locations off WCR 43. No new access roads will be constructed on the Property during borrow activities. • There is an oil and gas production facility located on the north side of the Property. • There are no permanent structures located on the Property or borrow area, or within 200' of the proposed borrow area. • The Property and borrow area are relatively flat (4,691 feet above mean sea level). • There are no current activities being conducted at the borrow area location. Description of Protect Disturbance (Borrow Area) During the WCR 66 and WCR 41 Roadway Improvement Project IHC Scott will use heavy equipment to excavate approximately 20,000 cubic yards of material from the 18 -acre borrow area. The operator will stockpile topsoil prior to borrow material removal. The borrow material will be transported to the Project location using highway haul trucks. The borrow material will be used to replace geotechnically unsuitable material and/or as fill to bring the Project site to planned grade, Prior to borrow activities the operator will install erosion control measures at the Property and borrow area (i.e., silt fence, erosion logs, temporary berms, etc.), as needed. 111 -IC scoTr Reclamation Permit Application Package (111) Exhibit D — Reclamation Plan WCR 66 and WCR 41 Roadway Improvements Project Weld County Project Number: GR-45 INC Scott Project Number: 22310 Revision Date: December 7,2022 Page 3 of 6 Post Mining Land Use (Borrow Area) Once sufficient material has been excavated from the borrow area, any material deemed geotechnically unsuitable for use at the Project location may be used as fill at the borrow area, if approved by the Property owner. The quantity of this material is unknown at the time this plan was developed. Following topsoil placement, the borrow area will be returned to the property owner for use at his/her discretion. The long-term plan for the borrow area Is unknown. Post Mining Re -grading and Erosion Control (Borrow Area) The final topography of the borrow area to be reclaimed will include excavation slopes no steeper than 3H:1V. The area will be graded to match thesurrounding topography as closely as possible. Remaining stockpiles of borrow material, if present, will be used at the Project location or replaced in the borrow area. Once final grade is achieved the stockpiled topsoil will be placed in the borrow area. Revegetation Plan Following topsoil placement natural vegetation is expected to be successful at the borrow area over time without the need for seeding. It will be the Property owner's responsibility to monitor slope stability, erosion, and vegetation growth. Access Restrictions/Public Safety The borrow area is located on private property and access will be controlled by the owner after reclamation. The borrow area will not pose a risk to public safety after reclamation. Conceptual Schedule for Disturbance and Reclamation The conceptual schedule includes: • The anticipated start date of the WCR 66 and WCR 41 Roadway improvements Project is November 14, 2022. • Borrow activities will begin January 1, 2023, and continue through February 28, 2023. • Reclamation of the borrow area will begin on February 28, 2023, and be completed by June 1, 2023. • Pre-existing access roads used to access the borrow area will be re -graded, if necessary. • Removal of temporary erosion control, if applicable. • Reclamation will be deemed complete once the reclaimed surfaces of the borrow area have been re -graded to safe and stable condition and the requirements listed in the Duties of Operators — Reclamation Plans, Section 34-32.5-116 of Title 34 - Mineral Resources, Article 32.5 - Colorado Land Reclamation Act for the Extraction of Construction Materials (see excerpt below) have been met, when applicable. 34-32.S-116 Duties of Operators — Reclamation Plans (Excerpt) (1) Every operator to whom a permit is issued pursuant to this article shall perform the reclamation prescribed by the reclamation plan adopted pursuant to this section. Reclamation Permit Application Package (111) Exhibit D — Reclamation Plan WCR 66 and WCR 41 Roadway Improvements Project Weld County Project Number: GR-45 IHC Scott Project Number: 22310 Revision Date: December 7,2022 Page 4 of 6 (2) Reclamation plans shall be based upon provisions for, or satisfactory explanation of, all general requirements for the type of reclamation chosen. The detailtof the plan shall be appropriate to the type of reclamation necessary to achieve the proposed postmining land use. (3) (a) Each year, on the anniversary date of the permit, an operator shall submit the annual fee specified in section 34-32.5-125, a report and map showing the extent of current disturbances to affected land, reclamation accomplished to date and during the preceding year, new disturbances that are anticipated to occur during the upcoming year, reclamation that will be performed during the coming year, the dates for the beginning of active operations, and the date active operations ceased for the year, if any. (b) Notwithstanding any provision of paragraph (a) of this subsection (3), an operator who has filed an application pursuant to this article shall submit the annual fee specified in section 34-32.5-125 in addition to the map and plan. Where an operator is late in payment of the annual fee by greater than sixty days, the office shall set the matter for a hearing before the board for permit revocation and forfeiture of the financial warranty. (4) Reclamation plans and their implementation are required on all affected lands and shall conform to the following requirements: (a) Grading shall be carried on so as to create a final topography appropriate to the final post -extraction land use selected in accordance with paragraph (.m) of this subsection (4). (b) If earth dams are constructed to impound water, the formation of such Impoundments will not damage adjoining property or conflict with water pollution laws, rules, or regulations of the federal government or the state of Colorado or with any local government pollution ordinances. (c) An operator shall demonstrate that all mined material disposed of within the affected area and all affected areas to be reclaimed as part of the approved application will not result in any unauthorized release of pollutants to the surface drainage system. (d) No unauthorized release of pollutants to groundwater shall occur from any materials mined, handled, or disposed of within the permit area. (e) All refuse shall be disposed of in a manner that controls unsightliness or the deleterious effects of such refuse. (f) in those areas where revegetation is part of the reclamation plan, land shall be revegetated so that a diverse, effective, and long-lasting vegetative cover is established that is capable of self -regeneration and is at least equal, with respect to the extent of cover, to the natural vegetation of the surrounding area, Species chosen for revegetation shall be compatible for the proposed post -extraction land use and shall be of adequate diversity to establish successful reclamation. (g) Where it is necessary to remove overburden to mine the construction material, topsoil shall be removed and segregated from other spoil. If such topsoil is not replaced on a backfill area within a period of time short enough to avoid deterioration of the topsoil, vegetative cover or other means shall be employed so that such topsoil is preserved from wind and water erosion, remains free of contamination, and is in a useable condition for sustaining vegetation when restored during reclamation. If, in the discretion of the board, such topsoil is of insufficient quantity or of poor quality for sustaining vegetation or if other strata can be shown to be more suitable for vegetation requirements, the operator shall remove, segregate, and preserve in a like manner such other strata which are best able to support vegetation. DisturbancesDisturbances to the prevailing hydrologic balance of the affected land and of the surrounding area and to the quality and quantity of water in surface and groundwater systems, both during and after the mining Reclamation Permit Application Package (111) Exhibit D — Reclamation Plan WCR 66 and WCR 41 Roadway Improvements Project Weld County Project Number: GR-45 ll-!C Scott Project Number: 22310 Revision Date: December 7,2022 Page 5 of 6 operation and during reclamation, shall be minimized. Nothing in this paragraph (h) shall be construed to allow the operator to avoid compliance with other statutory provisions governing well permits and augmentation requirements and replacement plans when applicable. (I) Areas outside of the affected land shall be protected from slides or damage occurring during the mining operation and reclamation. (j) All surface areas of the affected land, including spoil piles, shall be stabilized and protected so as to effectively control erosion. (k) All affected areas to be seeded or to receive transplants shall be seeded or transplanted using reclamation practices and techniques acceptable to the office. Planting methods include seedbed and seed preparation and soil amendments appropriate to the topography, physical and chemical characteristics of soil, and selected plant species adequate to give the best chance for successful reclamation. (l) The operator may permit the public to use lands it owns for recreational purposes In accordance with the limited landowner liability law contained in article 41 of title 33, C. R.5., except in areas where such use is found by the operator to be hazardous or objectionable. (m) With respect to all affected land, the operator, in consultation with the landowner where possible subject to the approval of the board, shall determine which parts of the affected land shall be reclaimed for forest, range, crop, horticultural, homesite, recreational, industrial, or other uses, including food, shelter, and ground cover for wildlife. Before approving a new reclamation plan or a change in an existing reclamation plan, the board may confer with the local board of county commissioners and the board of supervisors of the conservation district if the mining operation is within the boundaries of a conservation district. (n) If the operator's choice of reclamation Is for range, the affected land shall be restored to slopes commensurate with the proposed land use that shall not be too steep to be traversed by livestock. No grazing shall be permitted on reclaimed land until the planting Is firmly established. The board, in consultation with the landowner and the local conservation district, If any, shall determine when grazing may start. (o) if the operator's choice of reclamation is for agricultural or horticultural crops that normally require the use of farm equipment, the operator shall grade the affected land so the area can be traversed with farm machinery. Preparation for seeding or planting, fertilization, and seeding or planting rates shall be governed by general agricultural and horticultural practices except where research or experience in such operations differs with such practices. (p) If the operator's choice of reclamation is for the development of the affected land for homesite, recreational, industrial, or other uses, including food, shelter, and ground cover for wildlife, the minimum requirements necessary for such reclamation shall be agreed upon between the operator and the board. (q) (I) All reclamation requirements required by this section shall be carried to completion with reasonable diligence and conducted concurrently with mining operations to the extent practicable, taking into consideration the mining plan, safety, economics, the availability of equipment and material, and other site -specific conditions relevant and unique to the affected land and the postmining land use. Upon completion of each phase of mining and, in accordance with the reclamation plan, final reclamation of each mining phase shall be completed prior to the expiration of five years after the date the operator advises the board in an annual report that such phase of mining has been completed, unless such period is extended by the board pursuant to section 34-32.5-112; except that reclamation may be completed in Reclamation Permit Application Package (111) Exhibit D — Reclamation Plan WCR 66 and WCR 41 Roadway Improvements Project Weld County Project Number: GR-45 IHC Scott Project Number: 22310 Revision Date: December 7,2022 Page 6 of 6 phases and the five-year period may be applied separately to each phase as it commences during the life of the mine. (II) No planting shall be required on affected land: (A) Used or proposed to be used by the operator for the deposit or disposal of refuse until after the cessation of operations productive of such refuse or proposed for future mining operations; (B) Within depressed haulage roads or final cuts while such roads or final cuts are being used or made; or (C) Where permanent pools or lakes have been formed. (lit) No planting of any kind shall be required on affected land so long as the chemical and physical characteristics of the surface and immediately underlying material of such affected land are chemically incompatible with plant growth, deficient in plant nutrients, or composed of sand, gravel, shale, or stone to such an extent as to seriously inhibit plant growth and such condition cannot feasibly be remedied by chemical treatment, fertilization, replacement of overburden, orifice measures. When natural weathering and leaching of any of such affected land, over a period of five years after commencement of reclamation, falls to remove the chemical and physical characteristics inhibitory to plant growth or If, at any time within such five-year period, the board determines that any of such affected land is, and during the remainder of said five-year period will be, unplantable, the operator's obligations under the provisions of this article with respect to such affected land may, with the approval of the board, be discharged by reclamation of an equal number of acres of land previously mined and owned by the operator and not otherwise subject to reclamation under this article. (IV) With the approval of the board and the owner of the land to be reclaimed, an operator may substitute land previously mined and owned by the operator that is not otherwise subject to reclamation under this article or, in the alternative, with the approval of the board and the owner of the land, reclamation of an equal number of acres of any lands previously excavated or mined but not owned by the operator if the operator has not previously abandoned unredaimed land affected by mining operations. As an alternative, the board may grant the reclamation of lesser or greater acreage if the cost of reclaiming such acreage is at least equivalent to the cost of reclaiming the original permit lands. If an area is so substituted, the operator shall submit a map of the substituted area conforming to all map requirements in this article. Upon completion of reclamation of the substituted land, the operator shall be relieved of all obligations under this article with respect to the land for which substitution has been permitted. (r) A building, or a structure placed on affected land during extraction operations, may remain on the affected land at the option of the operator with the approval of the landowner and the board if such building or structure conforms to local building and zoning codes and is compatible with the postmining land use. IIHC SCOTT Reclamation Permit Application Package (111) Exhibit E — Maps Including Easements WCR 66 and WCR 41 Roadway improvements Project Weill County Project Number: GR-45 IHC Scott Project Number: 22310 Revision Date: December 7,2022 Page 1 of 2 Applicability In support of Weld County Works WCR 66 and WCR 41 Roadway Improvements Project (Project), IHC Scott has developed this Reclamation Plan for the borrow area associated with the Project. The Construction Material Rules and Regulations (the Colorado Land Reclamation Act for the Extraction of Construction Materials, Section 34-32.5- 101 et seg., C.R.S., 34-32.5-116, and 2 CCR 407-1) and the Colorado Mined Land Reclamation Board regulate permitting, operational, and reclamation requirements for all construction material extraction operations in Colorado. As part of the permitting process, owners/operators must submit a 111 Reclamation Permit Application for construction projects that extract materials (e.g., sand, gravel, or quarry aggregate) for the sole purpose of obtaining material for highway, road, utility, or similar type of construction under a federal, state, county, city, town, or special district contract and where the contract calls for work to be commenced within a specifically short time affecting thirty (30) acres or less. This Reclamation Plan is Exhibit D of the Construction Material Special (111) Operation Reclamation Permit Application Package. Project Informati n The Project is located at the intersection of WCR 66 and WCR 41 in Weld County in Greeley, Colorado. The Project includes erosion control, clearing and grubbing, topsoil removal/stockpile, pavement removal, roadway grading and sub -grade preparation, ditch diversion, Installation of Irrigation and drainage structures, paving, signage and striping, and final erosion control and revegetation. In support of the grading portion of this project approximately 20,000 cubic yards of geotechnically suitable material will be borrowed from an offsite source (private property). The borrow area sits on a large parcel of land located on the southeast corner of the intersection of WCR 66 and WCR 43 (see Location Map in Exhibit A). The proposed start date for the project is November 14, 2022. The start date of borrow activities is to be determined based on project progression. Property and Borrow Area Owner Information Front Range Feedlots, LLC 31751 County Road 43 Greeley, CO 80631 Operator Information IHC Scott 10303 East Dry Creek Road, Suite 300 Englewood, CO 80112 Operator's Contact Person Jeff Meyer — IHC Scott Project Manager Email: iemever@ihcscott.com Cell: 847-778-4040 IHC SCOTT Reclamation Permit Application Package (111) Exhibit E — Maps including Easements WCR 66 and WCR 41 Roadway Improvements Project Weld County Project Number: GR-45 IHC Scott Project Number: 22310 Revision Date: December 7,2022 Page 2 of 2 Resoonsible Party Information IHC Scott is the responsible party for the reclamation described in this Reclamation Plan. November 28, 2022 Signature Date Jeff Meyer Name IHC Scott — Project Manager Title Maps, Including Locations of Recorded Easements • There are no recoded easements within the proposed borrow. nit scot Reclamation Permit Application Package (111) Exhibit F — Other Permits and Licenses Required WCR 66 and WCR 41 Roadway Improvements Project Weld County Project Number: GR-45 IHC Scott Project Number: 22310 Revision Date: December 7,2022 Page 1 of 2 Aoolicability In support of Weld County Works WCR 66 and WCR 41 Roadway Improvements Project (Project), IHC Scott has developed this Reclamation Plan for the borrow area associated with the Project. The Construction Material Rules and Regulations (the Colorado Land Reclamation Act for the Extraction of Construction Materials, Section 34-32.5- 101 et seq., C.R.S., 34-32.5-116, and 2 CCR 407-1) and the Colorado Mined Land Reclamation Board regulate permitting, operational, and reclamation requirements for all construction material extraction operations in Colorado. As part of the permitting process, owners/operators must submit a 111 Reclamation Permit Application for construction projects that extract materials (e.g., sand, gravel, or quarry aggregate) for the sole purpose of obtaining material for highway, road, utility, or similar type of construction under a federal, state, county, city, town, or special district contract and where the contract calls for work to be commenced within a specifically short time affecting thirty (30) acres or less. This Reclamation Plan is Exhibit D of the Construction Material Special (111) Operation Reclamation Permit Application Package. Protect Information The Project is located at the intersection of WCR 66 and WCR 41 in Weld County in Greeley, Colorado. The Project includes erosion control, clearing and grubbing, topsoil removal/stockpile, pavement removal, roadway grading and sub -grade preparation, ditch diversion, installation of Irrigation and drainage structures, paving, signage and striping, and final erosion control and revegetation. In support of the grading portion of this project approximately 20,000 cubic yards of geotechnically suitable material will be borrowed from an offsite source (private property), The borrow area sits on a large parcel of land located on the southeast corner of the intersection of WCR 66 and WCR 43 (see Location Map in Exhibit A). The proposed start date for the project is November 14, 2022. The start date of borrow activities is to be determined based on project progression. Property and Borrow Area Owner Information Front Range Feedlots, LLC 31751 County Road 43 Greeley, CO 80631 Operator Information IHC Scott 10303 East Dry Creek Road, Suite 300 Englewood, CO 80112 Operator's Contact Person Jeff Meyer — IHC Scott Project Manager Email: iemeyer@ihcscott.com Cell: 847-778-4040 Reclamation Permit Application Package (111) Exhibit F — Other Permits and Licenses Required WCR 66 and WCR 41 Roadway Improvements Project Weld County Project Number: GR-45 MC Scott Project Number: 22310 Revision Date: December 7,2022 Page 2 of 2 Responsible Party Information IHC Scott is the responsible party for the reclamation described in this Reclamation Plan. ;t_ Signature Jeff Meyer Name November 11, 2022 Date IHC Scott — Proiect Manager Title Other Permits and Licenses Required • Certification to Discharge Under CDPS General Permit COR 400000 Stormwater Associated with Construction Activities • APEN — General Construction Permit, Land Development Projects — GP03 • Weld County Temporary Access Permit Reclamation Permit Application Package (111) Exhibit G — Source of Legal Right to Enter WCR 66 and WCR 41 Roadway Improvements Project Weld County Project Number: GR-45 IHC Scott Project Number: 22310 Revision Date: December 7,2022 Page 1 of 2 Applicability In support of Weld County Works WCR 66 and WCR 41 Roadway Improvements Project (Project), IHC Scott has developed this Reclamation Plan for the borrow area associated with the Project. The Construction Material Rules and Regulations (the Colorado Land Reclamation Act for the Extraction of Construction Materials, Section 34-32.5- 101 et sec., C.R.S., 34-32.5-116, and 2 CCR 407-1) and the Colorado Mined Land Reclamation Board regulate permitting, operational, and reclamation requirements for all construction material extraction operations in Colorado. As part of the permitting process, owners/operators must submit a 111 Reclamation Permit Application for construction projects that extract materials (e.g., sand, gravel, or quarry aggregate) for the sole purpose of obtaining material for highway, road, utility, or similar type of construction under a federal, state, county, city, town, or special district contract and where the contract calls for work to be commenced within a specifically short time affecting thirty (30) acres or less. This Reclamation Plan is Exhibit D of the Construction Material Special (111) Operation Reclamation Permit Application Package. Project Information The Project is located at the intersection of WCR 66 and WCR 41 In Weld County in Greeley, Colorado. The Project includes erosion control, clearing and grubbing, topsoil removal/stockpile, pavement removal, roadway grading and sub -grade preparation, ditch diversion, installation of irrigation and drainage structures, paving, signage and striping, and final erosion control and revegetation. In support of the grading portion of this project approximately 20,000 cubic yards of geotechnically suitable material will be borrowed from an offsite source (private property). The borrow area sits on a large parcel of land located on the southeast corner of the intersection of WCR 66 and WCR 43 (see Location Map in Exhibit A). The proposed start date for the project is November 14, 2022. The start date of borrow activities is to be determined based on project progression. Property and Borrow Area Owner Information Front Range Feedlots, LLC 31751 County Road 43 Greeley, CO 80631 Operator Information IHC Scott 10303 East Dry Creek Road, Suite 300 Englewood, CO 80112 Operator's Contact Person Jeff Meyer — IHC Scott Project Manager Email: jemever ihcscott.com Cell: 847-778-4040 Reclamation Permit Application Package (111) Exhibit G — Source of Legal Right to Enter WCR 66 and WCR 41 Roadway Improvements Project Weld County Project Number: GR-45 IHC Scott Project Number: 22310 Revision Date: December 7,2022 Page 2 of 2 Responsible Party information IHC Scott Is the responsible party for the reclamation described in this Reclamation Plan. November 11, 2022 Signature Date Jeff Meyer Name IHC Scott — Pro ect Manager Title Source of Legal Right to Enter Please see attached lease agreement executed with Front Range Feedlots, LLC. [IHC SCOTT IHC SCOTT, INC. Temporary Prooerta Use Agreement This agreement is entered into by and between (Front Ran a Feedlots LLCl hereinafter referred to as "Grantor", and IHC Scott, Inc. hereinafter referred to as "Grantee". Grantor covenants and agrees that (he) (she) (they) (it) owns, or (is) (are) entitled or authorized to grant rights of use in, the real property (hereinafter referred to as the "Property") described as: Parcel Number 080328000075 and borrow site located at Parcel Number 0803227200051. This Property Use Agreement relates to the Plant location and borrow site location for the C R6( and CR41 Intersection Pro'eet in Weld Coup; . Colorado. Grantor does hereby convey to the Grantee, its successors and assigns, a temporary lease for the use, access to or across, or ingress and egress to and over the property. The specific leasehold use of the Property contemplated by the patties is: (X) Plant Site; (NA) Dump (Natural materials); (NA) Dwnp (Rubble); (X) Storage Yard; (NA) Easement; (NA) Right of Way; X) Other Borrow of Fitton %totenalc from Pond I minion Water is () or is not (X) provided and included herein. Special considerations are: Requesting power drop from Xeel Energy to power our office trailers. Water will be metered from North Weld Water. In consideration therefore, the Parties agree as follows: Pa►memt: Grantee agrees to pay the following amount(s): S3000 , er month for agreed -u on access to the ro, attics at Weld Count Parcel Number 080328000075 and Parcel Number 080.127200031. Pa ment wtf l be made to Grantor for $2 er cubic and of borrow material eicavnted from the Parcel Number 0803272011051 verified h roe; area, tricot data. psnme$ Terms: Grantee agrees to pay the above sum or sums as follows: Grantor will he ; aid month:_ for lease agreement. Borrow site will he verified and aid once re _ tudin' of the area has been corn, leted. Arose Dorados: This lease will be for the duration of the construction project described herein, and for the duration of the restoration process, not to exceed ;11 months months, unless otherwise specified herein: Grantee may elect to extend the fame Duration Ly ,ad the initial 1 i months, on a month -to -month basis, by providing written notice to Grantor at least thirty (30) days prior to the Expiration Date. The month -to -month term may be terminated by either patty by providing thirty (30) days' notice to terminate. Grantor's warrants of crier essntamluation; Grantor warrants that the subject property is free from contamination of unnatural waste materials as defined below, or other hazardous waste contamination prior to the use of the property by Grantee unless as specified herein. Accordingly, pre-existing contamination: toes nor exist () does exist Description of pre-existing contamination: lone Description of previous use causing pre-existing contamination if any; (i.e., dump site, borrow or storage location, etc.) Photographs attached: Yes (1 No (X): Sae will he documented %%oh borers and t tdeo rior to stet in latm or plant set up, Restoration of the Preverts; Grantee will restore the Property to the specified conditions) as established by this agreement. Grantee warrants that the property shall be free of any unnatural waste materials, rubble or hazardous waste contamination contributed by Grantee's operations. upon the return of the Property to the Grantor at the end of the lease period, unless otherwise specified herein. Grantee warrants that any unnatural materials or objects brought onto the Property by Grantee will be removed by the Grantee prior to terminetian of this Agreement, subject only to either the express approval of the Grantor within the terms and conditions of this Agreement, or upon the Grantor's subsequent express and written permission to do so. "Unnatural" materials or objects, for the purposes of this agreement, are defined as those materials or objects which are not naturally occurring in the environment or are man- made. Grantee warrants that no such unnatural materials or objects will be buried on the Property without the Grantor's express and written permission to do so. Grantee shall be required to perform the following specific restoration functions Leveling; (Check all applicable condi„ttes) () Check if non -applicable. () Grantee shall restore the Property to the approximate elevation and profile of the pre-existing Property. (X) Grantor requests Property to be left in altered state. Specify state: %rea from which htmow materials are used will be converted to a coin: acted berm with the het ht :[t be determined and a reed -u; on between Grantor and Grantee at a later date Concrete ad ; laced at t lant site will be left in ; lace after lease a tremens. Left over material% (Cheek all applicable conditions) () Cheek_ if non -applicable. () No unnatural materials shall be left on the Property at the end of the restoration process. 0 Grantor specifically requests the following materials to be left after restoration: (X) Coarse Aggregate; (X) Fine Aggregate (); 0 Other (Specify): Will be left on site and re- graded Cl Compensation for materials purchased by Granto r. Specify: length (Check all applicable conditions) 0 Check if non -applicable. () Grantee shall strip topsoil to a maxhnum depth of inches, anti stockpile topsoil 0 onsite. () oftkite at beginning of lease. (X) Grantee shall replace topsoil at the end of the tease to the approximate conditions and depth existing before disturbance. () Cuantor shall approve the condition of the Property, in writing, before topsoil is replaced. Grantor will inspect condition of Property immediately upon Grantee's request, subject to a three (3) day advance notice by Grantee. Mew (Check all applicable conditions) 0 Check if non -applicable. ()Grantee shall seed the Property. List specific requirements if desired: (X) Grantee shall not seed the Property Ot:prgeatration cogditiuisid Horror site located at atcei t)$t)1272txto5I will he returned to the it _awinratc Injxst'raphv). Grantor expressly acknowledges that the condition of the Property will not be left In the exact and precise condition as existed prior to Grantee's use, however, Grantee warrants that it will return the Property to the Grantor in its approximate preexisting condition, subject to Grantor's approval and the specific requirements as stated herein. Grantor agrees to provide to the Grantee, within seven (7) days of notification of completion of restoration, and upon the Grantor's approval ofsuch restoration, execution of the Property Use Agreement Release attached hereto, releasing Grantee nom further responsibilities to restore the Property. Granter shall not unressonabiy withhold such written release, in the event Grantee has fulfilled all the specific obligations of restoration as stated hereto: My ref+sal by Grantor to execute said Masse must be in writing and must state with specificity the deficiencies of performance of Grantee's obligations under this Agreement. In the case of such event, Grantor agrees to provide such deficiency notice within the notification period as stated above (7 days). If said notice is not received within such period, Grantor waives any right to further restoration of the property and accordingly releases all future claims against the Grantee under this Agreement Nothing herein shall be construed to require the Grantee to pay Grantor or any other party or parties for loss of use of the property during the term of this Agreement or thereafter, except as provided for by consideration described herein. Grantor covenants and agrees that no building, structure, or other above or below ground obstruction which may interfere with Grantee's use of the property will be placed, erected, installpL or permitted upon the property during the taut of this Agreement. Grantor further covenants and agrees that Grantor will coma or eliminate any interference with Grantee's use within 24 hours of receipt of notice from Grantee that such interference exists_ in the event that the Grantor fails to so correct or eliminate such interference, Grantee shall have the right to take any and all reasonable action to correct or eliminate such interference, and to charge the cost incurred therefore to Grantor. So long as this Agreement shall remain in effect, Grantee shall, at no additional cost or expense to Grantor, keep and maintain the property m a good and safe condition and free from waste not related to the contemplated use; and Grantee shall bear all costs and expenses incurred for maintaining, repairing, or grading of any access road located thereupon, including snow removal as and when required, so long as said costs and expenses are not necessary as a result of the use of said roads by Grantor or third parties. Grantee does hereby release and agree to indemnity and hold harmless Grantor from any liabilities, damages, costs, and expenses which Grantor may suffer or be subjected to, by reason of permanent damage to the property not contemplated herein, or death or injury which are due to or arise by reason of Grantee's actions hereunder. No present or future division of Grantor's ownership as to different portions or parcels of the property shall operate to enlarge the obligations or diminish the rights of the Grantee hereunder, and all of Grantee's activities hereunder may be conducted without regard to any such division. Any subsequent sale, subdivision, sublease or any other change in ownership or entitlement to the Property shall be immediately conveyed to the Grantee in writing. Grantor agrees that upon anticipation of any subsequent transfer of ownership or other property rights to a third party, that the Grantor shall inform such third party of the existence and provisions of this Agreement by providing a copy of this Agreement to said third party. Any subsequent purchaser, owner, Lessee, or other coaled party of the subject Property takes said property subject only to the tears, conditions, and obligations of this Property Use Agreement. This Agreement constitutes and provides for an easement which runs with the land, and shall be binding upon the parties hereto, their respective heirs, successors, and assigns. This Agreement may be amended only upon the written stipulation of the parties hereto. The entire Agreement of the parties is contained in this written Agreement, and all other prior understandings or agreements, either written or oral, have either been incorporated herein or are of no continuing force and effect. In the event of any dispute arising out of or relating to this Agreement or a breach thereof, the parties hereto shall use their best endeavors to settle such disputes. To this effect, they shall consult and negotiate with each other, in good faith and understanding of their mutual interests, to reach a just and equitable solution satisfactory to both parties. If a just and equitable solution is unable to be reached, then after either party provides thirty days written notice, the panties must submit to binding arbitration in accordance with the Construction Industry rules of the American Arbitration Association, and any judgment of the award rendered by the arbitrator(s) may he entered in any eourt having jurisdiction thereof. By: Witness: rii51,41,0 Witness: . __ l Reclamation Permit Application Package (111) Exhibit H — Municipalities within a 2 Mile Radius WCR 66 and WCR 41 Roadway Improvements Project Weld County Project Number: GR-45 IHC Scott Project Number: 22310 Revision Date: November 11, 2022 Page 1 of 2 Applicability In support of Weld County Works WCR 66 and WCR 41 Roadway Improvements Project (Project), IHC Scott has developed this Reclamation Plan for the borrow area associated with the Project. The Construction Material Rules and Regulations (the Colorado Land Reclamation Act for the Extraction of Construction Materials, Section 34-32.5- 101 et gm., C.R.S., 34-32.5-116, and 2 CCR 407-1) and the Colorado Mined Land Reclamation Board regulate permitting, operational, and reclamation requirements for all construction material extraction operations in Colorado. As part of the permitting process, owners/operators must submit a 111 Reclamation Permit Application for construction projects that extract materials (e.g., sand, gravel, or quarry aggregate) for the sole purpose of obtaining material for highway, road, utility, or similar type of construction under a federal, state, county, city, town, or special district contract and where the contract calls for work to be commenced within a specifically short time affecting thirty (30) acres or less. This Reclamation Plan is Exhibit D of the Construction Material Special (111) Operation Reclamation Permit Application Package. Protect Information The Project is located at the intersection of WCR 66 and WCR 41 in Weld County in Greeley, Colorado. The Project includes erosion control, clearing and grubbing, topsoil removal/stockpile, pavement removal, roadway grading and sub -grade preparation, ditch diversion, installation of irrigation and drainage structures, paving, signage and striping, and final erosion control and revegetation. In support of the grading portion of this project approximately 20,000 cubic yards of geotechnically suitable material will be borrowed from an offsite source (private property). The borrow area sits on a large parcel of land located on the southeast corner of the intersection of WCR 66 and WCR 43 (see Location Map in Exhibit A). The proposed start date for the project is November 14, 2022. The start date of borrow activities is to be determined based on project progression. Property and Borrow Area Owner Information Front Range Feedlots, LLC 31751 County Road 43 Greeley, CO 80631 Operator Information IHC Scott 10303 East Dry Creek Road, Suite 300 Englewood, CO 80112 Operator's Contact Person Jeff Meyer — IHC Scott Project Manager Email: iemever@ihcscott.com Cell: 847-778-4040 Reclamation Permit Application Package (111) Exhibit H — Municipalities within a 2 Mile Radius WCR 66 and WCR 41 Roadway Improvements Project Weld County Project Number. GR-45 IHC Scott Project Number: 22310 Revision Date: November 11, 2022 , Page 2 of 2 Responsible Party Information IHC Scott is the responsible party for the reclamation described in this Reclamation Plan. i November 11, 2022 Signature Date Jeff Meyer Name MC_ Scott — Protect Manager Title Source of Legal Right to Enter Please see attached map showing a 2 -mile radius form the proposed borrow site as well as a City of Greeley Zoning map. The City of Greeley falls predominantly West of Hwy 85, more than 2 miles from our proposed borrow site. There is a portion of the Greeley Weld County Airport that falls within this 2-maile radius that is zoned as City of Greeley. 35 Ly Wi: a' `4, ii rp Z '�.�Y_ _ ' rte_? Y rC41s` IfY? r' I E r f. t.v,. ; f � h fw T1 �i !F vtil. r 1!1; tT! i''YM-L+ s? v3` p;--1. )'vi5,,,,r7�t7.,Ir1 pa it- a `,( i._';-r- -' , v I, *. `w i -0 ,,t, t ;I_ 1, , r, ice --7:44,14,6 t 1,41 "S`' ''',5:11`.,)`,--'T oven'- = ' L aRkyi7:'i-' `�i `ty-•z: i '7 - r � k Al'4 -1 r` ,3 rr-y4 v syp A�`` F V `s v '_ ,s.�1r, DJ eet a TO 't , 4 1'0 I :.�.....`} This map is a user generated ste reference only Data layers tha TH @ 5th St 5111 St a ? $ ma S©® 392 ■1 St m 3! @ � a&� wl E e $ St Cou@qUiityaidlici 84 Ecat S County Road 62 A l'{?Q Ai R m oft State H State, Hwy i'' 2 C!$+rifotbA$ Reclamation Permit Application Package (111) Exhibit I — Proof of Filing with County Clerk WCR 66 and WCR 41 Roadway Improvements Project Weld County Project Number: GR-45 IHC Scott Project Number: 22310 Revision Date: November 28, 2022 Page 1 of 2 Applicability In support of Weld County Works WCR 66 and WCR 41 Roadway Improvements Project (Project), MC Scott has developed this Reclamation Plan for the borrow area associated with the Project. The Construction Material Rules and Regulations (the Colorado Land Reclamation Act for the Extraction of Construction Materials, Section 34-32.5- 101 et pg., C.R.S., 34-32.5-116, and 2 CCR 407-1) and the Colorado Mined Land Reclamation Board regulate permitting, operational, and reclamation requirements for all construction material extraction operations in Colorado. As part of the permitting process, owners/operators must submit a 111 Reclamation Permit Application for construction projects that extract materials (e.g., sand, gravel, or quarry aggregate) for the sole purpose of obtaining material for highway, road, utility, or similar type of construction under a federal, state, county, city, town, or special district contract and where the contract calls for work to be commenced within a specifically short time affecting thirty (30) acres or less. This Reclamation Plan is Exhibit D of the Construction Material Special (111) Operation Reclamation Permit Application Package. Protect information The Project Is located at the Intersection of WCR 66 and WCR 41 in Weld County in Greeley, Colorado. The Project includes erosion control, clearing and grubbing, topsoil removal/stockpile, pavement removal, roadway grading and sub -grade preparation, ditch diversion, installation of irrigation and drainage structures, paving, signage and striping, and final erosion control and revegetation. In support of the grading portion of this project approximately 20,000 cubic yards of geotechnically suitable material will be borrowed from an offsite source (private property). The borrow area sits on a large parcel of land located on the southeast corner of the intersection of WCR 66 and WCR 43 (see Location Map in Exhibit A). The proposed start date for the project is November 14, 2022. The start date of borrow activities is to be determined based on project progression. Property and Borrow Area Owner Information Front Range Feedlots, LLC 31751 County Road 43 Greeley, CO 80631 Operator Information IHC Scott 10303 East Dry Creek Road, Suite 300 Englewood, CO 80112 Operator's Contact Person Jeff Meyer— IHC Scott Project Manager Email: jemever@ihcscott.com Cell: 847-778-4040 Reclamation Permit Application Package (111) Exhibit I — Proof of Filing with County Clerk WCR 66 and WCR 41 Roadway Improvements Project Weld County Project Number: GR-45 IHC Scott Project Number: 22310 Revision Date: November 28, 2022 Responsible Party Information IHC Scott is the responsible party for the reclamation described in this Reclamation Plan. Signature )eff Meyer Name November 28.2022 Date IHC Scott — Project Manager Title Page 2 of 2 Proof of Filing with County Clerk • Please see attached our Notice of Filing Application to the Weld County Board of Commissioners stamped as received on November 28, 2022. Proof of Filing with Conservation District • Please see attached our Notice of Filing Application to the West Greeley Conservation District signed as received on November 28, 2022. NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR SPECIAL 111 OPERATION NOTICE TO THE BOARD OF COUNTY COMMISSIONERS We id COUNTY RECEIVED NOV 28 2022 COMMINTY SSIIO E S I HC scot+ (the "Applicant/Operator') has applied for a Special 111 reclamation permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct the, extraction of construction . materials in We 1 J County. The attached information is being provided to notify you of the location and nature ofthe proposed operation. The entire application is on file with the Division of Reclamation, Mining, and Safety (the "Division") and the local county clerk or recorder. The Applicant/Operator proposes to reclaim the affected land to Dtv..lri W, k Rcs eurc4.4 use. Pursuant to Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Board of County Commissioners before approving of the post -mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the application within five (5) working days after the application was filed with the Division. If you would like to discuss the proposed post -mining land use, or any other issue regarding this application, please contact the Division of Reclamation, Mining, and Safety, 1313 Sherman St., Room 215, Denver, Colorado 80203, (303) 866-3567. NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice of a change to a previously filed application you must either attach a copy of the changes, or attach a complete and accurate description of the changes. 0).1k L /1 laYdrl /�/// a, NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR SPECIAL 111 OPERATION NOTICE TO THE BOARD OF SUPERVISORS OF THE LOCAL CONSERVATION DISTRICT Wit C 7 DISTRICT i H(. ScoEL (the "Applicant/Operator") has applied for a Special 111 reclamation permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials in We IA County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Reclamation, Mining, and Safety (the "Division") and the local county clerk or recorder, The Applicant/Operator proposes to reclaim the affected land to Peve.lonrel 1A1 4.1t, 12.00,0veduse. Pursuant to Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Conservation Districts before approving of the post - mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a heating before the Board on this application, you must submit written comments on the application within five (5) working days after the application was filed with the Division. If you would like to discuss the proposed post -mining land use, or any other issue regarding this application, please contact the Division of Reclamation, Mining, and Safety, 1313 Sherman St., Room 215, Denver, Colorado 80203, (303) 866-3567. NOTE TO APPLICANT/OPERATOR: You ant attach a copy of the application form to this notice. If this is a notice of a change to a previously filed application you must either attach a copy of the changes, or attach a complete and accurate description of the changes. Reclamation Permit Application Package (111) Exhibit J — Proof of Mailing Notices of Permit Application WCR 66 and WCR 41 Roadway Improvements Project Weld County Project Number: GR-45 IHC Scott Project Number: 22310 Revision Date: November 28, 2022 Page 1 of 2 Applicability In support of Weld County Works WCR 66 and WCR 41 Roadway Improvements Project (Project), IHC Scott has developed this Reclamation Plan for the borrow area associated with the Project. The Construction Material Rules and Regulations (the Colorado Land Reclamation Act for the Extraction of Construction Materials, Section 34-32.5- 101 et seq., C.R.S., 34-32.5-116, and 2 CCR 407-1) and the Colorado Mined Land Reclamation Board regulate permitting, operational, and reclamation requirements for all construction material extraction operations in Colorado. As part of the permitting process, owners/operators must submit a 111 Reclamation Permit Application for construction projects that extract materials (e.g., sand, gravel, or quarry aggregate) for the sole purpose of obtaining material for highway, road, utility, or similar type of construction under a federal, state, county, city, town, or special district contract and where the contract calls for work to be commenced within a specifically short time affecting thirty (30) acres or less. This Reclamation Plan is Exhibit D of the Construction Material Special (111) Operation Reclamation Permit Application Package. Protect Information The Project is located at the intersection of WCR 66 and WCR 41 in Weld County in Greeley, Colorado. The Project includes erosion control, clearing and grubbing, topsoil removal/stockpile, pavement removal, roadway grading and sub -grade preparation, ditch diversion, installation of irrigation and drainage structures, paving, signage and striping, and final erosion control and revegetation. In support of the grading portion of this project approximately 20,000 cubic yards of geotechnically suitable material will be borrowed from an offsite source (private property). The borrow area sits on a large parcel of land located on the southeast corner of the intersection of WCR 66 and WCR 43 (see Location Map in Exhibit A), The proposed start date for the project Is November 14, 2022. The start date of borrow activities is to be determined based on project progression. Property and Borrow Area Owner Information Front Range Feedlots, LLC 31751 County Road 43 Greeley, CO 80631 Operator Information IHC Scott 10303 East Dry Creek Road, Suite 300 Englewood, CO 80112 Operator's Contact Person Jeff Meyer — IHC Scott Project Manager Email: iemeyer@ihcscott.com Cell: 847-778-4040 Reclamation Permit Application Package (111) Exhibit J — Proof of Mailing Notices of Permit Application WCR 66 and WCR 41 Roadway Improvements Project Weld County Project Number: GR-45 IHC Scott Project Number: 22310 Revision Date: November 28, 2022 Page 2 of 2 Responsible Party Information IHC Scott is the responsible party for the reclamation described in this Reclamation Plan. Signature Jeff Meyer Name November 28, 2022 Date IHC Scott — Proiect Manager Title Proof of Mane Notice of Permit Application • There is no required mailing of notices associated with this permit application. NOTICE OF AWARD IHC Scott, Inc. Attention: Greg Frazee 10303 East Dry Creek Road Suite 300 Englewood, CO 80121 Project Description: CR 66 & CR 41 INTERSECTION PROJECT The project in general consists of construction of a new cast in place box culvert, adding left turn lanes to all 4 legs of the Intersection, concrete paving and HMA paving, replacement and relocation of irrigation and drainage systems, and correction of site distance issues. The project includes but is not limited to the following work items: unclassified excavation, embankment, aggregate base course, HMA pavement, concrete pavement, concrete lined Irrigatlonfbarrow ditches, and installation of various sized RCP culverts and irrigation pipelines. The Owner has considered the Bid submitted by you for the above described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of $12,621.472.61 or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute taro originals of the Agreement and furnish the required Performance Bond, Payment Bond and Certificates of Insurance within five (5) calendar days from the date of this Notice to you. If you fat to execute said Agreement and to furnish said Bonds within five (5) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner wit be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this 31 ^ day of October 2022 Wed County, Colorado, Owner By: l F/i.{ lam rx l CI Kimmi, P.E., Senior Engineer ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by (Contractor) Dated this day of 2022 Etc Title: Reclamation Permit Application Package (111) Exhibit K — Proof of Terms of Government Contract WCR 66 and WCR 41 Roadway Improvements Project Weld County Project Number: GR-45 IHC Scott Project Number: 22310 Revision Date: November 28, 2022 Page 1 of 2 Applicability In support of Weld County Works WCR 66 and WCR 41 Roadway Improvements Project (Project), IHC Scott has developed this Reclamation Plan for the borrow area associated with the Project. The Construction Material Rules and Regulations (the Colorado Land Reclamation Act for the Extraction of Construction Materials, Section 34-32.5- 101 et seg., C.R.S., 34-32.5-116, and 2 CCR 407-1) and the Colorado Mined Land Reclamation Board regulate permitting, operational, and reclamation requirements for all construction material extraction operations in Colorado. As part of the permitting process, owners/operators must submit a 111 Reclamation Permit Application for construction projects that extract materials (e.g., sand, gravel, or quarry aggregate) for the sole purpose of obtaining material for highway, road, utility, or similar type of construction under a federal, state, county, city, town, or special district contract and where the contract calls for work to be commenced within a specifically short time affecting thirty (30) acres or less. This Reclamation Plan is Exhibit D of the Construction Material Special (111) Operation Reclamation Permit Application Package. Project Information The Project is located at the intersection of WCR 66 and WCR 41 in Weld County in Greeley, Colorado. The Project includes erosion control, clearing and grubbing, topsoil removal/stockpile, pavement removal, roadway grading and sub -grade preparation, ditch diversion, installation of irrigation and drainage structures, paving, signage and striping, and final erosion control and revegetation. In support of the grading portion of this project approximately 20,000 cubic yards of geotechnically suitable material will be borrowed from an offsite source (private property). The borrow area sits on a large parcel of land located on the southeast corner of the intersection of WCR 66 and WCR 43 (see Location Map in Exhibit A). The proposed start date for the project is November 14, 2022. The start date of borrow activities is to be determined based on project progression. Property and Borrow Area Owner Information Front Range Feedlots, LLC 31751 County Road 43 Greeley, CO 80631 Operator Information IHC Scott 10303 East Dry Creek Road, Suite 300 Englewood, CO 80112 Operator's Contact Person Jeff Meyer— IHC Scott Project Manager Email: iemeyer@ihcscott.com Cell: 847-778-4040 ifFIC SCOTT Reclamation Permit Application Package (111) Exhibit K — Proof of Terms of Government Contract WCR 66 and WCR 41 Roadway Improvements Project Weld County Project Number: GR-45 IHC Scott Project Number: 22310 Revision Date: November 28, 2022 Page 2 of 2 Responsible Party Information IHC Scott is the responsible party for the reclamation described in this Reclamation Plan. Signature Jeff Meyer Name November 28. 2022 Date IHC Scott — Project Manager Title Proof of Terms of Government Contract • Please see attached our Contract with Weld County for the CR 66 & CR 41 Intersection Project dated November 14; 2022. IHC SCOTT NOTICE OF AWARD IHC Scott, Inc. Attention: Greg Frazee 10303 East Dry Creek Road Suite 300 Englewood, CO 80121 Project Description: CR 66 8 CR 41 INTERSECTION PROJECT The project in general consists of construction of a new cast in place box culvert, adding left tum lanes to all 4 legs of the intersection, concrete paving and HMA paving, replacement and relocation of irrigation and drainage systems, and correction of site distance issues. The project indudes but is not limited to the following work items: unclassified excavation, embankment, aggregate base course, HMA pavement, concrete pavement, concrete lined irrigation/barrow ditches, and installation of various sized RCP culverts and irrigation pipelines. The Owner has considered the Bid submitted by you for the above described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of 812,821,472.91 or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute two originals of the Agreement and furnish the required Performance Bond, Payment Bond and Certificates of Insurance within five (5) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to famish said Bonds within five (5) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this 12 day of October, 2022 Weld County, Colorado, Owner By: . P.,-71'1.1 CI ¢jj Kimmi, P.E., Senior Engineer ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by (Contractor) Dated this day of , 2022 By: Title: Reclamation Permit Application Package (111) Exhibit L — Permanent Mand-Made Structures WCR 66 and WCR 41 Roadway Improvements Project Weld County Project Number: GR-45 IHC Scott Project Number: 22310 Revision Date: November 28, 2022 Page 1 of 2 Applicability In support of Weld County Works WCR 66 and WCR 41 Roadway Improvements Project (Project), IHC Scott has developed this Reclamation Plan for the borrow area associated with the Project. The Construction Material Rules and Regulations (the Colorado Land Reclamation Act for the Extraction of Construction Materials, Section 34-32.5- 101 et sect., C.R.S., 34-32.5-116, and 2 CCR 407-1) and the Colorado Mined Land Reclamation Board regulate permitting, operational, and reclamation requirements for all construction material extraction operations in Colorado. As part of the permitting process, owners/operators must submit a 111 Reclamation Permit Application for construction projects that extract materials (e.g., sand, gravel, or quarry aggregate) for the sole purpose of obtaining material for highway, road, utility, or similar type of construction under a federal, state, county, city, town, or special district contract and where the contract calls for work to be commenced within a specifically short time affecting thirty (30) acres or less. This Reclamation Plan is Exhibit D of the Construction Material Special (111) Operation Reclamation Permit Application Package. Protect information The Project is located at the intersection of WCR 66 and WCR 41 in Weld County in Greeley, Colorado. The Project includes erosion control, clearing and grubbing, topsoil removal/stockpile, pavement removal, roadway grading and sub -grade preparation, ditch diversion, installation of irrigation and drainage structures, paving, signage and striping, and final erosion control and revegetation. In support of the grading portion of this project approximately 20,000 cubic yards of geotechnically suitable material will be borrowed from an offsite source (private property). The borrow area sits on a large parcel of land located on the southeast corner of the intersection of WCR 66 and WCR 43 (see Location Map in Exhibit A). The proposed start date for the project is November 14, 2022. The start date of borrow activities is to be determined based on project progression. Property and Borrow Area Owner Information Front Range Feedlots, [LC 31751 County Road 43 Greeley, CO 80631 Operator information IHC Scott 10303 East Dry Creek Road, Suite 300 Englewood, CO 80112 Operator's Contact Person Jeff Meyer — IHC Scott Project Manager Email: jemever@ihcscott.com Cell: 847-778-4040 Reclamation Permit Application Package (111) Exhibit L — Permanent Mand-Made Structures WCR 66 and WCR 41 Roadway Improvements Project Weld County Project Number: GR-45 IHC Scott Project Number: 22310 Revision Date: November 28, 2022 Page 2 of 2 Responsible Party information IHC Scott is the responsible party for the reclamation described in this Reclamation Plan. Signature Jeff Meyer Name November 28. 2022 Date IHC Scott — Project Manager Title Proof of Terms of Government Contract • Please see attached a map generated from the Weld County on-line mapping tool showing the nearest man-made structure to be approx. 553 feet from the proposed borrow area. Site observations have been performed and confirmed this distances shown in the included map. [IC! eIrmaf16flt Man-made St1ructures eet This map Is a user generated st. reference only Data layers tha TH The following is a sample of the Notice required for Rule 1.6.2(1)(b) that you may wish to use. You must post a notice at the proposed access to the site. NOTICE This site is the location of a proposed construction materials operation. (Name of the Applic t/Operator) / I C Scoff 16363 E. p.,sv cfahIt d 3av E. 1� ro 1 CO whose address and phone number is (Address and Phone Number of the/Applicant/Operator) J go-Tia-`l , has applied for a Special 111 Operation Reclamation Permit with the Colorado Mined Land Reclamation Board. Anyone wishing to comment on the application may view the application at the (County Name) \t4 .D County Clerk or Recorder's Office, (Clerk or Recorder's Office Address) 1250 H b . Gawky CO 80631 , and should send comments prior to the end of the public comment period to the Division of Reclamation, Mining, and Safety, 1313 Sherman St., Room 215, Denver, Colorado 80203. Certification: I, (Name of the Applicant/Operator) I H C. 5ccee hereby certify that I posted a sign containing the above notice for the proposed permit area known as the (Name of Operation) G R43 Borrow Liu.-/' ,on (Date Posted) (12.13/to DATE NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR SPECIAL 111 OPERATION NOTICE TO THE BOARD OF COUNTY COMMISSIONERS W t 1<i COUNTY RECEIVED NOV 282022 WTY COMMISSIONERS S I HC 5coti (the "Applicant/Operator") has applied for a Special 111 reclamation permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct the, extraction of construction materials in S,Je I d County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Reclamation, Mining, and Safety (the "Division") and the local county clerk or recorder. The Applicant/Operator, proposes to reclaim the affected land to DPI . 1. W n4 -w Res ev.acs use. Pursuant to Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local iloard of County Commissioners before approving of the post -mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the application within five (5) working days after the application was filed with the Division. If you would like to discuss the proposed post -mining land use, or any other issue regarding this application, please contact the Division of Reclamation, Mining, and Safety, 1313 Sherman St., Room 215, Denver, Colorado 80203, (303) 866-3567. NOTE TO APPLICANT/OPERATOR: You mast attach a copy of the application form to this notice. If this is a notice of a change to a previously filed application you must either attach a copy of the changes, or attach a complete and accurate description of the changes. Reclamation Permit Application Package (111) Exhibit L — Permanent Mand-Made Structures WCR 66 and WCR 41 Roadway Improvements Project Weld County Project Number: GR-45 IHC Scott Project Number: 22310 Revision Date: November 28, 2022 Page 1 of 2 Applicability In support of Weld County Works WCR 66 and WCR 41 Roadway Improvements Project (Project), IHC Scott has developed this Reclamation Plan for the borrow area associated with the Project. The Construction Material Rules and Regulations (the Colorado Land Reclamation Act for the Extraction of Construction Materials, Section 34-32.5- 101 et seg., C.R.S., 34-32.5-116, and 2 CCR 407-1) and the Colorado Mined Land Reclamation Board regulate permitting, operational, and reclamation requirements for all construction material extraction operations in Colorado. As part of the permitting process, owners/operators must submit a 111 Reclamation Permit Application for construction projects that extract materials (e.g., sand, gravel, or quarry aggregate) for the sole purpose of obtaining material for highway, road, utility, or similar type of construction under a federal, state, county, city, town, or special district contract and where the contract calls for work to be commenced within a specifically short time affecting thirty (30) acres or less. This Reclamation Plan is Exhibit D of the Construction Material Special (111) Operation Reclamation Permit Application Package. Protect Information The Project is located at the intersection of WCR 66 and WCR 41 in Weld County in Greeley, Colorado. The Project includes erosion control, clearing and grubbing, topsoil removal/stockpile, pavement removal, roadway grading and sub -grade preparation, ditch diversion, installation of irrigation and drainage structures, paving, signage and striping, and final erosion control and revegetation. In support of the grading portion of this project approximately 20,000 cubic yards of geotechnically suitable material will be borrowed from an offsite source (private property). The borrow area sits on a large parcel of land located on the southeast corner of the intersection of WCR 66 and WCR 43 (see Location Map in Exhibit A), The proposed start date for the project is November 14, 2022. The start date of borrow activities is to be determined based on project progression. Property and Borrow Area Owner Information Front Range Feedlots, LLC 31751 County Road 43 Greeley, CO 80631 Operator Information IHC Scott 10303 East Dry Creek Road, Suite 300 Englewood, CO 80112 Operator's Contact Person Jeff Meyer— IHC Scott Project Manager Email: jemeverfihcscott.corn Cell: 847-778-4040 INC SCTT. Reclamation Permit Application Package (111) Exhibit L — Permanent Mand-Made Structures WCR 66 and WCR 41 Roadway Improvements Project Weld County Project Number: GR-45 IHC Scott Project Number: 22310 Revision Date: November 28, 2022 Page 2 of 2 Responsible Party Information IHC Scott is the responsible party for the reclamation described in this Reclamation Plan. Signature Jeff Meyer Name November 28.2022 Date IHC Scott — Project Manager Title Proof of Terms of Government Contract • Please see attached a map generated from the Weld County on-line mapping tool showing the nearest man-made structure to be approx. 553 feet from the proposed borrow area. Site observations have been performed and confirmed this distances shown in the included map. NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR SPECIAL 111 OPERATION NOTICE TO THE BOARD OF SUPERVISORS OF THE LOCAL CONSERVATION DISTRICT Wcsi Geed,/ DISTRICT i I jC Scott (the "Applicant/Operator") has applied for a Special 111 reclamation permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials in Wald County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Reclamation, Mining, and Safety (the "Division") and the local county clerk or recorder. The Applicant/Operator proposes to reclaim the affected land to 1)evr.ITJ 14y ✓ ge3oKu3 use. Pursuant to Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Conservation Districts before approving of the post - mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the application within five (5) working days after the application was filed with the Division. If you would like to discuss the proposed post -mining land use, or any other issue regarding this application, please contact the Division of Reclamation, Mining, and Safety, 1313 Sherman St., Room 215, Denver, Colorado 80203, (303) 866-3567. NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice of a change to a previously filed application you must either attach a copy of the changes, or attach a complete and accurate description of the changes. An example Structure Agreement which meets the requirements of the Statutes is shown below. ************************************************************************************* Structure Agreement This letter has been provided to you as the owner of a structure on or within two hundred (200) feet of a proposed mine site. The State of Colorado, Division of Reclamation, Mining and Safety ("Division") requires that where a mining operation will adversely affect the stability of any significant, valuable and permanent man-made structure located within two hundred (200) feet of the affected land, the Applicant shall either: a) Provide a notarized agreement between the Applicant and the Person(s) having an interest in the structure, that the Applicant is to provide compensation for any damage to the structure; or b) Where such an agreement cannot be reached, the Applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or c) Where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility. ( Construction Materials Rule 6.3.12 and Rule 6.4.19 & Hard Rock/Metal Mining Rule 6.3.12 and Rule 6.4.20) The Colorado Mined Land Reclamation Board ("Board") has determined that this form, if properly executed, represents an agreement that complies with Construction Materials Rule 6.3.12(a), Rule 6.4.19(a), and C.R.S. § 34-32.5-115(4)(e) and with Hard Rock/Metal Mining Rule 6.3.12(a), Rule 6.4.20(a), and C.R.S. § 34-32-115(4)(d). This form is for the sole purpose of ensuring compliance with the Rules and Regulations and shall not make the Board or Division a necessary party to any private civil lawsuit to enforce the terms of the agreement or create any enforcement obligations in the Board or the Division. The following structures are located on or within 200 feet of the proposed affected area: No structures located within 200 feet of proposed affected area 1. 2. 3. 4. 5. (Please list additional structures on a separate page) CERTIFICATION The Applicant, IHC Scott bv Jeff Meyer (print representa<ive's name), as Project Manager not (P representative's title), does hereby certify that Not Applicable (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the R eclamation (print applicant/company name), Permit Application for CR43 Borrow Location File Number M - (operation name), This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the Extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Meta4 and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this form. NOTARY FOR PERMIT APPLICANT ACKNOWLEGED BY: �/ Applicant --I—tie 6 l-, I C Date STATE OF &Jad o) ss. COUNTY O ''' , an Representative Name Title T e f . regoing was acknowledg • - ore me this r as tary Public V day of Itepnlilyb of y Commission Expires: NOTARY FOR STRUCTURE OWNER ACKNOWLEGED BY: Structure Owner Date Name Title STATE OF ) ) ss. COUNTY OF ) The foregoing was acknowledged before me this day of , 20 , by as of My Commission Expires: Notary Public Hello