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HomeMy WebLinkAbout20203459.tiffblue earth SOLUTIONS Letter of Transmittal DATE: July 27, 2021 TO: Weld County Clerk to the Board 1150 O Street Greeley, Colorado 80632 FROM: Bill Schenderlein Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 (970) 227-2803 RECEIVED JUL 2 7 2021 WELD COUNTY COMMISSIONERS WE TRANSMIT: Attached n Information Below Remarks: THE FOLLOWING: n Originals ■ Copy of Letter n Applications n Specifications n Other FOR YOUR: ■ Use n Approval n Information nReview & Comment Submission of this material satisfies requirements of the Mine Land Reclamation Board Regular 112 Operation Reclamation Permit Application. The enclosed application material must remain for public review at least sixty (60) days after a decision on said application has been made the Office of Mined Land Reclamation (Rule 1.6.2 (2)). Confidential materials were purposely excluded. • One (1) copy of Aggregate Industries — WCR, Inc. response to DRMS staff Adequacy Review dated April 9, 2021, for the Baurer Pit Regular 112 Operation Reclamation Permit Application. Blue Earth Solutions, LLC • P.O. Box 2427 • Fort Collins, CO 80522 • (970) 227-2803 publ;G. Rev,ecA1 CC : PL(TP), P{,uOm/ER/CH/cK) 07/2112 I 20.20-34 59 blue earth SOLUTIONS July 27, 2021 Colorado Department of Natural Resources Division of Reclamation, Mining and Safety Attn: Mr. Daniel Cunningham 1313 Sherman Street; Room 215 Denver Colorado, 80203 RE: Response to Adequacy Review Comments for Aggregate Industries — WCR, Inc. Baurer Pit, Permit No. M-2020-058 Dear Mr. Cunningham: The following discussion and attachments are submitted on behalf of our client, Aggregate Industries — WCR, Inc., in response to the Adequacy Review comments prepared by the Division of Reclamation, Mining and Safety dated April 9, 2021, for the Baurer Pit 112 Construction Materials Reclamation Permit application. The information and discussion below address each comment as it was presented by the Division: 6.4.3 Exhibit C — Pre -Mining and Mining Plan Maps of Affected Land 1. The topography illustrated on the revised Exhibit C-1, Existing Conditions and Exhibit C-5, Pre-Mining/Mining Plan Map has been updated to include the existing pit lake and labeled such that the affected land direction and rate of slope is more accurately portrayed. Revisions were also made to the Exhibit C -1, Existing Conditions, property owner table (Property Owners and Man -Made Structures within 200 Feet of Affected Land). The table was updated with new contact/address information for Hall -Irwin Aggregates and Xcel Energy. Additionally, CenturyLink was added as a structure owner to the table. CenturyLink was a late responder to our utility locate request and, although their buried communication lines along Weld County Road 23 %2 were not in the original application submittal materials, their structure is included in the revised exhibit. Additionally, the same owner and contact/address information revisions have been made to the table in Exhibit S, Permanent Man -Made Structures within 200 Feet of the Affected Land. 6.4.4 Exhibit D — Mining Plan 2. Aggregate Industries acknowledges the permit stipulation that a 200 -foot buffer will be maintained around all structures until structure agreements and/or slope stability analyses are obtained. Agreements have been offered to all owners of man-made structures within 200 feet of the affected area. The certified letter receipts are attached. Mr. Daniel Cunningham RE: Baurer Pit M-2020-058 July 27, 2021 3. Dewatering pumps from the Baurer Pit will discharge into the Stillwater Ski Lake. The discharges have been illustrated on the revised Exhibit C-5, Pre-Mining/Mining Plan Map. 4. The Stillwater Ski Lake will receive all discharge from the Baurer Pit dewatering. Since the slurry wall is expected to be installed prior to mining, it is anticipated that dewatering discharge will be minimal and temporary. The ski lake has more than sufficient capacity to receive the dewatering discharge. The lake also has a natural overflow into the Huett Seepage Ditch which runs north out of the lake and the ditch also has capacity to handle all dewatering flows. If, however, the Stillwater Ski Lake and/or Huett Seepage Ditch are suspected to be over -capacity due to the dewatering flows, the dewatering discharge can be routed directly to the South Platte River through the Wattenberg Lakes site (M-2004-051). These discharge locations are/will be included in the Aggregate Industries — WRC, Inc. Colorado Department of Public Health and Environment discharge permit. 5. The conveyor corridor that will receive material from the Baurer Pit is included in the Aggregate Industries — WCR, Inc. Wattenberg Lakes site, M-2004-051. 6. The 1,500 feet specified on page 7 includes 500 feet of mining face highwall plus 500 feet of mining cell side walls on each side of the mine face; for a total of 1,500 feet near vertical highwalls. This is also explained in Exhibit L, Reclamation Costs. 6.4.5 Exhibit E — Reclamation Plan 7. On -site access following reclamation shall primarily include an un-improved access road following the slurry wall around the outside of the reservoir. This access road has been illustrated on the revised Exhibit F, Reclamation Plan Map. 8. The existing topsoil on -site is limited to the undisturbed east half of the affected area. All topsoil recovered during mining of the Baurer Pit will be stockpiled and used for reclamation. However, with the average and/or total quantity of topsoil on -site unknown, the conservative estimate of 6 inches has been proposed. 9. Aggregate Industries — WCR, Inc. will submit a technical revision prior to importing inert fill onto the site in accordance with Rule 3.1.5(9). 6.4.7 Exhibit G — Water Information 10. Aggregate Industries — WCR, Inc. shall submit quarterly groundwater elevation data with the associated annual report. If groundwater elevations change significantly (rise or fall more than 2 feet) from seasonal norms during the year, evaluations of the data and potential causes/mitigations shall also be included with the annual report. 11. Baseline groundwater elevation data is provided in the attached table and corresponding chart, Baurer Pit Groundwater Monitoring Data. At this time, five (5) to six (6) piezometers Page 2 of 4 Mr. Daniel Cunningham RE: Baurer Pit M-2020-058 July 27, 2021 are proposed for use to monitor groundwater elevations on and near the Baurer Pit site. A map illustrating the location of the proposed monitoring wells is also attached. Many of the proposed monitoring wells were installed, and have been monitored for over 15 years, as part of the adjacent Wattenberg Lakes Site (M-2004-051). Since the well installations, local groundwater conditions have been continually affected by influences surrounding the Baurer Pit property. As noted in the Baurer Pit 112 Construction Materials Reclamation Permit application, these influences include the South Platte River east of the site and the Brighton Ditch west of the site. Additionally, the existing lake on the western half of the Baurer Pit property and the Stillwater Ski Lake at the eastern edge of the property are previously dewatered mining excavations. Immediately north and south of the Baurer Pit property are additional mining excavations associated with the Wattenberg Lakes Site (M-2004-051) and Baseline Resource site (M-1997-058), both of which are now enclosed within below -grade slurry walls. Even with the local influences affecting groundwater, baseline ,conditions still exhibit a general southwest to northeast groundwater flow pattern. Although seasonal fluctuations in groundwater elevations are observed at wells upgradient of the Baurer Pit property (Wattenberg MW -7 and Wattenberg MW -8), these fluctuations appear to be muted in wells closer to the slurry walls and/or the South Platte River (Wattenberg MW -4 and Wattenberg MW -6). Although baseline data is not yet available for Baurer Pit MW -1, monitoring for a least 6 months is anticipated prior to Baurer Pit mining and/or slurry wall construction activities. Regardless, it is estimated that groundwater elevations and seasonal fluctuations would be similar to those observed in Wattenberg MW -4 and Wattenberg MW -6. 12. An unforeseen increase or decrease of 2 feet in groundwater elevation at a monitoring well shall be used as a trigger for potential mitigation measures. However, as seen on the attached Baurer Pit Groundwater Monitoring Data chart, recent baseline data often exhibits more than a 2 -foot variation in groundwater elevations seasonally. Therefore, monitoring procedures for the Baurer Pit shall include evaluation of the groundwater elevation data following each monitoring event with comparisons to the baseline data of similar seasons. The evaluations shall consider that there are many factors at or near the Baurer Pit property, not including mining and reclamation activities at the Baurer Pit site, that could create a significant groundwater elevation change at any one well. Other potential influences such as natural drought or flooding, changes in local irrigation, or adjacent mining operations shall be considered during data evaluation. 13. Aggregate Industries — WCR, Inc. owns, and has access rights to, the properties where all monitoring wells are located. If properties are sold and/or access agreement deadlines are passed (i.e. the City of Westminster), as long as Aggregate Industries — WCR, Inc. still holds the Baurer Pit 112 Construction Materials Reclamation Permit, property access for monitoring activities will be maintained. Page 3 of 4 Mr. Daniel Cunningham RE: Baurer Pit M-2020-058 July 27, 2021 6.4.12 Exhibit L — Reclamation Costs 14. Reclamation cost acknowledged. Publication and Notice 15. Proof of publication in a local newspaper is attached. A first publication was in the Brighton Standard Blade on March 24, 2021 with additional publications to total four (4) consecutive weeks (March 24, March 31, April 7, and April 14). 16. Proof of notice to all owners of record of surface and mineral rights of affected land and surface owners and easement holders within 200 feet of the affected land is attached (including CenturyLink, see Response 1 above). Notices were sent to owners and easement holders immediately following the March 24 publication. If you have any questions regarding this application and adequacy comment responses, please call me directly at (970) 227-2803. Sincerely, Blue Earth Solutions, LLC William Schenderlein, P.E. Project Manager Attachments Page 4 of 4 Proof of Adequacy Review Response Delivery to Weld County Clerk to the Board Revised Exhibits - Exhibit C-1, Existing Conditions - Exhibit C-5, Pre-Mining/Mining Plan Map - Exhibit F, Reclamation Plan Map - Exhibit S, Permanent Man -Made Structures within 200 Feet of Affected Land 4)r Ija G -. 1O0 abd —Tr —cc —I_ - — .. Y\ St.' D.E.',4 E-': I-. O ST.2 ma Oa id 0 K I- 6 Wi m O v 1553 cc Ll < % v H 3 g try _1 t ' iA;eFt„ 1 NCH • 150 FEEL LEGEND. PERMir KwNom, a■ OFrS[ MEG ENE FENCE r °- PARCEL No. 146925000004 BURIED POWERLINE IXCELENERGY) DEMING ROAD _ Exisrwe ,...0R coNTOAe 4571 LxISItiO MAJOR CON TDuR — — — —1670- - DEEMING STRUCtuRES Q 0 NOTES �.' : -- _ - • t' PARCEL No. 146925000018 FJIO PpEUME `� _ tDCP MAIDGTREANL p 2 - :r _ 1 THE PROPOSED BAURER Pir PERWT AREA IS LOCATED M SECTION !6. TOWNSHIP i NORTH RANGE 61 WEST OF THE Six TH PRINCIPAL MERIDIAN, WELD COUNTY STATE OF COLORADO 2 THE PROPOSED Plow AREA INCLUDES 794 ACRES WITH ONLY 672 ACRES CURREN L PLANNED FOR WRING ! MOST OF THE WESTERN SIDE OF THE PERMn AREA HAS PRE VIOUSLr BEEN MINCJ UNDE4 THE WAT/CNBERG LAKES DIVISION Or RECLAMA II(W, MiNMG ANO SAFETY W, (N 20D4-051) a WITH rHE FOLLDMNG EXCEPTIONS. THE PROPOSED PERMIT BOUNDARY FOLLOWS PROPERTY PARTHE NORTH PERWT BOUNDARY IS A STRAIGHT LINE r170ML RHE NORTHWEST CORNER OF WELD COUNTY PARCEL No 1469!6100002 t0 MC NORTHEAST CORNER Or PARCEL No. 1469!61000.35 AND THE SOUTHERN PERWT BOtiNDARr rQLL01y5 A STRAIGHT LINE FROM THE SOu MWEST CORNER OF PARCEL 2, THROUGH THE SOUTHWEST AND SOUTHEAST CORNERS OF B. AND ACROSS TO THE EASTERN EDGE 0 PARCEL No. PARCEL Or N169611000S5� S. ADJACENI LAND USES ARE PRIMARILY AGGREGATE MiNiNC, AGRICULTURE. AND SEMI - RURAL RESiDENPAL. PROPERTY OWNERS AND MAN-MADE STRUCTURES WITHIN 200' OF AFFECTED LAND 1 v'., i-, • NONITORNOPIPELINE WELL CELOAS ENERGY, ••,�- IXGELENEROY) ti j� r A 1' Ili L 121 N K ,e' r•, �a. PARCEL No. 146925000016 , ;,. ,.�. _ ._ __ - !/ J - .. 200' OFFSET WLVERT - � u y� - ° I 'ter 1.-M .. ..- y v:'.1. - w` F y� _ _ _ ._- _ 1 •'°` ':_-: is , mow.. ...._ •--.. a,..r -_�:-'-. .:L.... _._. .- - :' ..: _ ._ '� .. _.-._. ___—. — - __ `--'Si =4--. ..- _ , - ....+.. - `� -`;,r' "':R:'� ., _-.cr,....- __. rz�+w _ r. . _ - ,.--__-1_L•�_.::•'... _., - .._.. -_ -_ __ _ .:. __ , __ ._ _. r .. _..-, — `. ',- - _ — _a -.. ., _ .. :" ^° l--..--- _ —. 4,,.!--1 T- ._...... .,.,—.,_ .- - ..._ "' - _ . _ __ _ , - -- _: .`" _ _r-».-- .- _. - 1 -. '.� J •-+„_. ,- -• - -- __ -. - - a- • - fe_-i2i��ia�l.1!!�f _ w .. --s+aiVs .-. _-_-_ -9 r .._..a 3F- . - •t - --•-,r �y.Ib-..ff_ .,y. v, :. .. _ ••'. I~ .. _. .. -- _ .• — •' - -a. Y•)- ,. .., ` ,. r "'"� • .:S::. ' PARCEL V -., e; •. `,._,«' ::: ,,.. ., . ... y ,.. - .. .• if.<' 41:.E1•JH LINE FOIE - „ •-: Ex fN. Ur .hiviL,uS_--„ire.. '' - - MINING AREA NO, 146936000029 `, .. -. 4 }T}: �, Q'' q.,. w •„� —. " .'w;S. ° '�•._ _ - ,, .. " (7 - ..,,,,, -• - •�, ,•-�• _ i _.. , -. .. - ?, '. ?Z[p �� p .. :. ... .... _ , •t....,,.., '�, _ -- `•. , : ...... . .'.. • -•,• fl �r 146 PIPELINE E tKP xAUFFMAN) - PERMIT BOUNDARY - O ♦ x bii "' 03 1 n` Q �,•`J (U ......7.) 1 + i`r.� ,1 et-r•Ct .� i ;J ill,r ! ... " } 1„: I p1Y' I - FENCE _ • — f ) _ PROPERTY OWNER PARCELS/EASEMENTS /ROW: MAN-MADE STRUCAN-MADITIiIN 200 FEET OF AFFECTED LAND i .1 I !�' '• -- JII AND OAS FACKIIIEL ,PETEP6ON ENERor) - �• Ion. ANO GAD FACILITIES - JA Mal `K�FZ I I NO Aggregate Industries • 168/ Cole Blvd, Suite 30 Lakewood, CO 4 Bo of 3318 146936100035 14/131200093 Unimproved proved Road - Fence and Gates Wells "-, ELFDiR10 iPANSNMSdpN LINES 0 TxCEI ENERGY) ° ��, .,. ( w — CY Qr a_ Q U CrZ Z O _ in- y er W DI L1J D F-- U C Q Q C m O , al Q' f (3 O Q �, / • PARCEL No. 146936 00002 ; '} 1-T � City of Westminster 4800 W 92nd Ave Westminster, CO 800316387 146936100002 146925000018 145925000016 1469361100029• Frncepantl Gatesroved • Wel i 200' OFFSET __ .;r _ �NI��,r,1 . ;- v " •. r' -.,.. '. iG Hussey. Nolan and Iennder tUSB County Road 73 1/2 Bngtlton, CO80603-9705 146925014(X)04 stone � PARCEL No. 146936100035 Struck, Toby L S27 County Road 23 1/2 Brighton, CO 80603-9233 146936000042 Fence and Gate t s e BURIED (MAW O V_:i•. i ILJIv LINE . OIL AND cILA FACILITIES ' 1 ws RroE1lJE IxP tAUFFRIAf11 11 . (CENTURY LINK) (PETERSON ENERGY' '' Franca, Jaime Mejia County Road 23 1/2 Brighton, CO 80603.92.00 146936000030 •636 None .fie 11 .744:'''% ! ( ss _ J - 1, PARCEL No. 14636000042 y i �` HaII Irwin Aggregates lLC 5586W 19th Street, Suite Greeley, CO 80634 146936000031• IRRIGATION j. DATE ` GFence .,� c,: ,'' t O - ~ Q U — J O Q c I- ' U Z I--• O d' CO W — U N LX Z r--• I- IX g U D U w CC ` Yto tAEp' - ♦ v'• auP.TRANSOMS WE POLE!. 1 • a.' "' '."!3-,,,..--7-,•,:,.. _e+ -10N = - - Service Company of Public Se Colorado XCeI Energy Attn Tyler Swanson 4800 r Lanme Street,Suite S Denver, CO 80202 - Electric Transmission Line Easement • Electric Transmission Line and Poles , 1 - �!•.� ^ ,• _ •' ! QL-Jo-:`, w�+r.- _' - - iMli ,:-• , '• V FENCE - ... -. I,`• ._ .. ,.' •'. ._ -- ,.. .. .., '. .• _. / - I .f.:�- I -. - - - .. - MUNIIURNb ! ff " - WELL CR27 (80 ROW) I' F- _ / ,• _. ,' _ J - .. . 3 -' a.-' --'�SI T - - .-• - a�•.a •s-- ••�.IS a ■ • an Rear •• r i•t t .:. • i , VELROAD _ ) r4 + L Public Service Company Colorado Xce1 Energy 18201 W 10th Avenue Golden, CO 804U1en Gas Une Easement el Gas Pipeline p \ I I (J ,0 a FENCE • FEM:E 'i _„�, '-,Ylr'�'' ' /. _ I .. _ . •- - y ' '. - .- 3RAVEL ROAD' , :, `' — • - ' . — 4 -- _ --- -- .� �_ } - — �; uLL ANo OAS FAE arced - er. .. ".. j rP fEFJN ,.- - _ - - ' . 1 ) d . l KP Kauffman Company Inc C/O KE Andrews & Company d• c 3615 S. Huron Street, Suite 200 Englewood, CO 80170 Oil and Gas !rase Oil and Gas Facilities and Pipelines .-�_ ,- PARCEL No. 146.,36000030 li, y L • , T -.---..----- -----r,:. re PARCEL No, 146936000031 - -----c+,.•. z,-..7,^�_ !:—: - .--i-r -�� --., -' - ---�-- _ `, :.�♦ •' :l -o. -Q BNGISFAMILY .' t HOME L; - - . - -:, i — "l Peterson Energy Operating Inc 491 Denver 497 Denver Avenue Loveland, CO 80537-5129 Oil and Gas lease Oil and Gas Facilities HI ME •FANnr •.. ••�: I y i - - �� .. 11 f— - _. ... :. `'I'- I ' DCP Midstream 37017 Street, Suite 2500 Denver, CO 80202 - Gas Line Easement Gas Pipeline _ _ — - _ . " _. t. •aA�tCJ'„, . )' ' `: "�I Weld County Public Works O Brix /58 Greeley, CO 80 632 County Road 23 1/2 U ROW • County Road 23 1/2 7 EawL&PAtAMIY HOME t,....._ a :. .tea .��~�..a�::c,r;�..e;.:.._, -- ' ___ Century Link 1025 Eldorado Blvd Broomfield, CO 80021 -Communication Line Easement Communication Tine -' _ Date WAN&R 2.020 Jub No 231-Ot] Drawn 8 MA THISEN Design 8 MARPSEN Checked' B. SCHENDERLCIN Scale. t" = 200' Sheet 1 tit 5 gc. \ t .11 I "-1St • \\1\14*-' • — — \A \ / s„ \ I s. - — > r / I r L c•-‘ l\—\ r.,, A LAN — 3 ,,,Et 200' OFFSE• T PERMIT BOUNDARY -7 I c, L I ) fts / -- / - __ _ va.;14 23 In t er \\ \17 N.11 sE !BACK ' I I -- GA TE L _ _ k - r \i/ tk I I • I PERNIT fsouNDARY • LOUTS OF viNiNG • som -S; DEVVA tEFIINL. TRENCH OIL ANL GAS FACILITIES . / pip ?Ai — EXTENT GF PREVIOvS MINING AREA !Alt -,, , , L-1 •-• EXISTING PIT LAKE , • OEWAT Eat* SUMP 4 ‘s 6 tt r Si • ELEc TRIG TRANSIAICSION INES LIAO OF MINING PERMIT BOUNDARY 1 N. 54(05 ,444!t' Lci-5 /AC .t„ , • '4 tk” S - -7 j ▪ , 440.1••••' 1p1:: ririth...r. .\C I Fl• / *. 'Si?./ • 2000PFSETs . a ‘• 1 C04 I PANSMISSION LINE POLES LIMIT OT MINING GA:. PIPELINE FENCE s s.,P AND GA:. FACILITIES ti. 4 d_ --... e T Ce k - f • \ ) IN 1_1 \ 1 A OAS PIPELINE TRANSMISSION Posit k 1 s, , StuRR Y VALI F ENcE • IAMBI •••••• • • • c • • e r / —I— PEIttAIT ‘..._ i it_ --. '- I "I- I 1 — --Nit I . if I.VI c I - r•-, _ t A BOUNDARyt :"....- \ \ 4 ri/I --- /‘'Ill ll ISO-. -‘ IS. ' .1 , .01 N. - --,- -A..., . — — --- ....el— — ----- — — --- `°.-- BURIED PME.RUNE 1 t , 46.--...t. tt .. I , / .... N -4 — ..." C. ''''. -.. -- ' - ' — - N - .-..- 7/ , . _ •--t! . 10•• sEHIACK — — .. "LOOPY 1NAL VAC PIPELNES DESNA TERINV LINE ) ts -.4- -I/ CI — .... 41.0-‘1 h_t--..-1 ...• r 1 I 'r! i r A 1 3 1, • ... 1/4 C -NI D / 1 ../ s. 1: '‘'''‘‘ I\ Ns- 1 \ / . \•c‘ ( / 9 . N.) -,„, C: c NI ( . LIMITS OF MINING r 1 ‘-- 1 % I 'le 1 --' ‘ ‘ ',Ns k -s. \ \ e / \ . OVERBURDEN I t 5 — i -- -- 'STOCKPILE ITYPJ -_. E. . — —1 ,.. • i DEWATERING SUMP TOPSolt. cTOCKPILE triPa DEWATERING TRENCH ,r • % ...- /--i e ..///\ ..-"( I - \ / ./". e... I' : — --- "...-* A i 0 ' ''/ /Ili i .., _ , ,, I / asell OVERBURDEN ' ,..- e.e/#11:" 1 .1... ITTOCAPILE tr(PJ ..- .." I .t....... .. _ ....____.—_._...—.._...._—_—_...—/_./._,/,./..,.... i — ..„. .. —. • mew eta • • men • on• • to, • _ GATE GRAVEL ROAD G....„4„L„.(LVERT 43,4SSIst - r re s Itt th. OIL AND GAS FACILITY — iternitinstroirlit • • • • • a r-7 v- / e' ./ 4_14 - -1 7_1 PUMP AND DEMIA LINE IW SETBACK re— 'FROM EDGE OF LAKE, e_ ;-- 7-7 ;;;101 • se " • , GULVER7 fr' ;11 / I. WI' SI -ast.Cere-rar41 -r r I N I ' •\\ \ -S•tn\--ra; P %ts, , \ \ \ > • ) - S k- -t trA,‘\‘‘k kCs/- — OP\ 1/4•1/4 "•••• / • 20BOFFSET—al • OVERBURDEN ( %loci( PILE TY P.1 \ - C • 1 • I STILLWATER SKI LAKE I PERMIT I SOIJIMPRY I \\ k\ A tk1‘ 1 ,1 it ‘ \\ \I 09 It i Act --..I. .... I \IN \ N.. -.. \ \‘‘‘‘S ‘ \ I \'‘tik\ N. N... ‘ \ 411 _\ari A \ % ‘ 111° % 1 MIgi % % IWO % $ ak it 4 1 1/41 tr A 9 1 1/4 I 4 \ \ 14 3/4 k `1/4 L \I \ • oit 4‘1,I \ / ( • 4k.e . f/e?-12:- ‘‘ incr, ‘11‘i 0%1 • '• I :lc mmo \ItI% 1 mw\m‘1\\ \\:1% M\1/4.\\1/41:14 1 11K 1 ,1 \ . • 1S0 • t3 kr:O9-12!-- ' 't 0.• LEGEND. !DO 4(.0 Lstc: • Moil BOUNDARY Mill OF miNNO DENATERIND TRENCH PARCEL LW FENCE SLuRRY WALL cosnoc ROAD EASING 5 FOOT CONTD.* OWING 25 FOOT COKTOuR ExISTNG STRuCluRES DIRECTION OT VIAND SUMAS • 4870 — — — —4700 €3 THE PROPOSED BAURER PIT PERMIT BOUNDARY CONTAINS AN AREA PREVIOUSLY WINED UNDER IN( ViATTENBERG LAKES DIVISON OF RECLAMATION, MiNiNG AND SAFETY Mug (M-2004-051) 2 THE PROPOSED Mime BOUNDARY ENCOmPASSES APPROxIMATELY 79 ACRES WITH ONLY ABOUT 62 2 ACRES CURRENTLY PLANNED FOR VINING HOwEvER, 11-4E AFFECTED LAND BaJNOARY ESSENTIALLY FOLLOWS IKE PERMIT BOUNDARY TO ALLOW rOR RECLAMATION ACTIMITES AM) FulURE POTENTIAL MINING OPERATIONS 5 AREAS NOT DISTURBED BY MINING MAY BE DISTURBED BY ACCESS ROADS. MATERIAL CONVEYING. STOCKINLES, OR OTHER MINING RELATED ACTIVITIES. THE REMMNiNG AREA VALE CONSIST Of SETBACKS AND ROAO AND UITUrr RIGHT-or-wArs, • MINED MATERIAL nu. BE CONVEYED FROM THE 'RAW MATERiAC STOCKFKLE AREA TO 444 wATTENSERG LAKES STE (IA -2004-05T) AND ULTIMATELY 10 THE PLATTE VALLEY OPERATION DA:leas-120j FOR peOCESSING AND TRANSPORT 5 SLURRY WALL CONSTRUCTION SHALL OCCUR PRIOR TO. OR CONCURRENT MTh, THE MINING OPERATION 6 SETBACKS TROPT THE ANNE Pit ice or stoPt to etc PeoPosto orate, eouraomn. WILL BE Imo FEET OR GREATER. 7 ITEMS OWNED BY THE APPLICANT OR PROPERTY OVINER LOCATED WHIN THE PERMIT AREA SUCH AS UN-AMPROvED ROADS, FENCES. WATER SELLS AND ASSOCIATED PumPS, ANO OTHER STRuCTuRES 'KAY BE REMOVE() DR RELOCATED DURK& Mum& AND RECLAmATON • TEST PITS HAVE VERIFIED THAT COMMERCIAL DEPOSITS Of SAND AND GRAYEL EXIST uP TO 30 FEET BELOW THE SURFACE OF THE GROuND 9 MINING IS EXPECTED TO ENCOUNTER OROuttOwATER wTH4N 10 FEET OF THE (Mount) SURFACE THE DEPOSIT BE DRY mINED USING DEWATERING TRENCHES AND PUMPS 10 BEET MANAIXMEN I PRACTICES FALL RC wit° To Limit DigcsuLouc or STORieWATER AND SEDIMENT ONTO ADJACENT PROPERTIES AND wATERKIAYS. TYPICAL MINING SECTION AT PERMIT BOUNDARY 5' OvERBuRDEN 100. --••• )r ege• 25' AGGREGATE SLURRY WALL WORKING PAD SLURRY WALL IAINiNG HIGHINALL HIS TORIC GROUND -01••• ----- ----•• MINING FLOOR WT -E as 5. Le 0 cc C7NI ID CH rri; a, ORMS ADEQUACY REVIEW COMMENTS I C +. 0 O 0 2 \ • A • BAURER PIT INDUSTRIES - Z W 61- z F- 2 < 0 <C 112 PERMIT APPLICATION 5 0 a < 2 u? O — z re a_ Date. NOVEMBER 2020 Job No. Drawn: Desian MATHISEN Checked. 9. SCHENDERLEIN Scale Sheet 232-013 8 MA11-IISEN 5 Lit 5 !R 5 �._- I I I I I I I 1 I 1 I I I I I I 1 63 I \ 1 1. - SS E. r P / / / 1 — — - -.+ - - - --I -I --I - - ' La wR •w M 0 O C \ 10 N n n Tri CO 5 a TO B P cc ft •n • 7 W 5 S O v W W Q u o O < en 2 tc I I N FEET ) INCH • ISO FEET LEGEND. r maw &Duc aa.� •• �� PARCEL LIN - - IINCE NAO E•SING Rao _ USING NNW OMITS* 0171- - E•SING MA.OR CONTOUR •0)o- - PROPOSED tea CONtOIR M)1_ PROPOSED wa J0• co A 4ani- - Nag. 1 1. THE PROPOSED FINAL LAND uSE FOR BAURER MT IS DEVELOPED WATER RESOURCES. 2. THE MINE CELL WILL BE SEALED TO CREATE A BELOW -GRADE WATER STORAGE RESERVOIR !. THE RESERVOIR SHALL BE CONSTRUCTED TO MELT STATE ENGINEER'S OffICE OPERATIONAL PENFORMANCE STANDARDS • N PREPARAl10N FOSS Stuart CALL CONSIRUCI+ON, A COMI•NAf�ON ROAD AND VOMITING PAD WILL BE GRAOED ALONG TK SLURRY WALL. ALIGNMENT INF ORADNC WALL PRODUCE A DELA hVELY FIAT. STABLE SURFACE APPRo0RFA1[ly 50 TO 100 FEET N WIDTH. S SLURR'I ENlll CONSTRUCTION Rd[LUOf4 A S TO 1 -FOOT WIDE TRENCH KEYED A MINIMUM Or 7 FEET INTO SHALE &MOOT. 0 SLURRY WAIT SMALL BE CONSTRUCTED MIH BEN1aPTE SLURRY, A BLEND OF SOIL EKCAVA TED FROM ME TRENCH. DRY BENIOWTE. AND BORROTI SOILS I. Alt 51ERJCfURC5 ASSOCIATED W11H MNNG Rl BE RELOYED FROM IM SITE OURNG r1FMl. KQAMATION ACIMT[4 • All AVAILABLE TOPSOIL AND OVERBIRDEN MATERIAL MILL BE DSO FON BACK IIW NG AND RECIAMA itON I. FINAL $OPES WILL HAVE 3N:1v GRADE OR FLATTER. to DISt1RBE0 UPLAND AREAS NOT rims THE RESERVOIR SHALL BE 4EVEGf iAttD NTH 1HC rOILOWwG MAIM GRASS SEED MIK tUR[ y • ,i1 A Ili a O j • ,[ - - - - I 1 / ,P1V\�\L� - _ N v- \ • IVn �I i r- -- 1 Cr \ , , r � / \ 111 I , ( \ �% / .! ` ri / 144_,_( ( ( /T, ar -1). 1 - - - - - 11s \ _ - � - \\ 1 - _ _ \ • -I-7. * `�\ •. - _,,, t( ......4:7_,.... .\- �; + I J \l \ Y� T -E -_ ) / I _`� ' / _- - \ 1\\ r _ _ \\ I I -` 1� - . t �-J r\ / - - .• ,y . .. I I V� -' Sc -• -4- i-\.--.5-o-- - 1--s �- \ r� ='r \ \ 7a +r .. i,•.1 r:: '.`' `II C ♦ - ♦ , 1 r,_ ^ ) I •1 ,,,, .1� t J \ / ,Y \ _ 1 J PER01T 00NIWRY I„ 111 \�` \ \ / '1 n `_ - - _ _ ,-- - -- _ - I ( E/ �1\ .1' - KT1\ / Q-- 1 z.--) ) RUPIEG P0IVEALNE , i- .. r', Y / _ - .. �-- uAi PWEUIFE L / 1. l_ /j I 'r 1�+ -' I/It' 1 � • 11 �� ! �. , _-T. P` '�`�.n - .. • _ w V' I ��^� —�� .. �o . +..• ��- r. r. ----�_L5 X11 "—�'_• c 4 --a. _ _ t -- __ �� —, _ a�^::.-�—� . ' GRAVEL ROAD / -. .• \ ' . 9 f _ ,� _ _ �:; /' - - - JL � .- - - - - - - - - - i C +,-, I / \�\In I-.E�-� - ` ._ _ __ - r'-1.-- _- _ SLURRY WALL . -a f'• I ') — _I-�!,j y Y --__ - tit.W: L115.SION WE POLES _- LTuli l4Wll, _ — _ - -. _ -. _ _ — _. - _ -_ _ _ !.[o sET►ACF\ r I \`1 \,77771\ �'a• I \ \�\ L rl - \t 4) >` `� Q `�, a ``' O N. M ( CO 1 \ T \ 7" *- N. - 11 -‘44•- ) 1_ I �� _ , •�- / Jl• y 1 w \ ill � _1, c., •-•• \ �S. - •. II • I1 \ _. r L ' ! = = \ \ I \\ f .. i_ ` - --- = _ _ __ - -_ '/L)?i/ a -t } • N. __ -� _ ---y ^ -t \, si \ _ ' ' �_ I ��\�� �1\•1�� (..• • �.� F'I _ _ - !_ - + _ _ ___ _-- __ V,,p, \� �i\ \,r _ --__ - _ I p \� _ f . __ - - I\ - - \ I :IN ' \ . ' 1 ^\ S ' l 1 11 \1 r- ^__ �(• I H. ' ( L J II I \ ` I `\ •T ' \ _ -"' ♦ H .. �_- _ has . tit{_. % I I" II i /,r1/ I /�f/ /I, I III 111 III I NV SE7SACK �`,\\\n e �• a‘_�, t (4 1\> �\ �. \ / '\ Os \ 1 /� :, / �J 1\11.1 `\ y\ '� .y� T' :..\ Z ` 0 11 , '\ / -.....,____,- J \ . I SOD' RUFFER ` J .1-, �-" int l l UM EDGE OF LANS \ \ \ / � \ /`-. /- 1 1 \ \_ t U'PLAN'D GRASS SEED APrIALA I10\ SLATE* - Y • I I 1 l + eb ELECTAC IPNLSM4ILL:11 LiltI I I ll+ I f`, I' L Is .: ... I.I.- KW!I I - 11 \\‘SiI I \...P.- •� >V\itl� \11 •,VIII 1 1`11\1 +. 2SWl I IL � ,,,,- Ca Z jj - � WI DQ Q '^ CO a S W Cr O Q WESTERN w1I1 ATt;RASS 4 b .-;•1 i1Ll a t 1�' II PERMIT 6Cl/h C.R. HE ACCESS ROAD \'/ 1 II `� � \I \ I T •I. � .. r.. ill ze-- S I I I II II3� ..� � ; I I I I I I11`1��l�i• I I -. ERMIT LDUNWRr 1� \\1 11\� \\�\1\ 1 / I/�\ �0�j �t1 rS,— \/ I ` • I it 1 tY 11�W l�fLfCC 1-ri L/, 0 i 1 4 IL 0— i \ 11\‘ 1 ' 511LLWATER F �_ SEED IS T() HE HRUADCASYT TILE APPLICATION ,I t}II IL PERIOOIC NSPCCTgN roR NOIDOUS WEEDS. AT LEAST ONCE A +I: AN EARLY N THE SEASON• WILL BE DONE AS PMT Or AVM MANAGEMENT PLAN. 17. BEST MANAGEMENT PRACTICES SILL BE YSEO TO CONTROL EROSION A40 4)SPEMOED SEGMENT RUNDif FROM THE STC WRING RECLwMA IrON AC SMITES TYPICAL RECLAMATION SECTION AT PERMIT BOUNDARY r\i�It SKI LAKE • I aV SET OACF '• o IIIitI / / 1�II 1\11111 putt t11\ _ III\ 11,E 1I. - O I_ Q n 1..L. U_ Q __I a Q I - a C Z C Eli Z W d NI Q g Ce U O Q IOC' ell / . I 1 LW of SING K/00 pETEAGt i . 1111U 11111• I* % s Mw TO► SOS. roP Sat D HISTORIC GROUND f _ - \11i' - ► . MIaK -. 111 1111\ / __ �._.. P I ''} _ -.._ 11 \111, — - 1 • .. ^ _ — _ U 11\1 ! / I / SITE EIIIIWJCE I 11 ,�11 11,1 11 w-... ... RECWMLO SLOPE x .. r _ _ — — yA '. \ _ _ _ - - tirtl 11 t:.�. - -_ - - - -_'— — - — FIN, r t J KURD T1 t O1 \' \I' ._ ' .r-_ - W1E �` •�••S�•�•R�••� ••I�■■S�•■�.•i�.. �.BE!•■■ y,1 J. 6WAPrIAM a. +� / GA1E, .;AVI_n;:A_ {'RWII 11 �' 1 -. :,. *A � �\ M�N�tiG i.OOR BACKfILI V N vC L.. IA,. 1 �! - PERMIT SOLII/DAPY / i TRALIEOLSpy INS POISE -_ _ r _ _.1\�. - _ -- _. T \ O i I I I I /. \r / /�/ I / i / / // �•' _ \� 1• -/f :1`r f. CULVERT 1\ �� yI' \\\ I •+1\ \ 1 \ 1 _t ' r; � � -G r- -' I / 1 11 /he 1 I I Y- Y N r �. { r I .1K rR • I 11Ni 1 1 11 I e it )' 1 11w1 1 _ ka I ,•1 .- �" - 1 1 aI I I S. 1 I, 1 1� . Id Id 1 1 'L1 1 1 1111', t„,, OP I 1 h ,,, ., . _ TfI lI , I \ 1II it0 1k 11 110 I r — 1 I I t. a: �� '~• \ _ _ „ gAu .... \\ �� ���/ � � � —...,./ tit,. \\ yt \\ B/f \ t, 111 11 1 \ 1411\ 111h1 , . . .1 Date NOVEMBER 2010 Job No 137-01) Di awn B MAIHISEN Destan B. MATWSEN Checked B SCHENDERIEDI Scale. Sheet 1 ...1 PROPERTY OWNERS AND MAN-MADE STRUCTURES WITHIN 200 FEET OF AFFECTED LANI PROPERTY OWNER PARCELS/EASEMENTS/ROWS MAN-MADE STRUCTURES WITHIN 200 FEET OF AFFECTED LAND Aggregate Industries - WCR, Inc. 1687 Cole Blvd, Suite 30 Lakewood, CO 80401-3318 146936100035 147131200093 - Unimproved Road - Fence and Gates - Wells - Culverts City of Westminster 4800 W 92nd Ave Westminster, CO 80031-6387 146936100002 146925000018 146925000016 146936000029 - Unimproved Road - Fence and Gates - Wells Hussey, Nolan and Jennifer 1058 County Road 23 1/2 Brighton, CO 80603-9205 146925000004 - None Struck, Toby L 527 County Road 23 1/2 Brighton, CO 80603-9233 146936000042 - Fence and Gate Francia, Jaime Mejia 636 County Road 23 1/2 Brighton, CO 80603-9200 146936000030 - None Hall -Irwin Aggregates LLC 5586 W. 19th Street, Suite 2000 Greeley, CO 80634 146936000031 - Fence Xcel Energy Attn: Tyler Swanson 1800 Larimer Street, Suite 400 Denver, CO 80202 - Electric Transmission Line Easement - Electric Transmission Line and Poles Public Service Company of Colorado Xcel Energy 18201 W. 10th Avenue Golden, CO 80401 - Gas Line Easement - Gas Pipeline KP Kauffman Company Inc. C/O KE Andrews & Company 3615 S. Huron Street, Suite 200 Englewood, CO 80110 - Oil and Gas Lease - Oil and Gas Facilities and Pipelines Peterson Energy Operating Inc. 497 Denver Avenue Loveland, CO 80537-5129 - Oil and Gas Lease - Oil and Gas Facilities DCP Midstream 370 17th Street, Suite 2500 Denver, CO 80202 - Gas Line Easement - Gas Pipeline Weld Caunty Public Works PO Box 758 Greeley, CO 80632 - County Road 23 1/2 ROW - County Road 23 1/2 CenturyLink 1025 Eldorado Blvd Broomfield, CO 80021 - Communication Line Easement - Communication Lines Groundwater Monitoring Data - Groundwater Monitoring Well Map - Groundwater Monitoring Data Table - Groundwater Monitoring Data Chart nd\Wattenberg — DRAWING FILENAME: Nam 5u!-Ic 0 31 y CENTERLINE OF BRIGHTON DITCH 600 I 1 LEGEND: PERMIT BOUNDARY GRAVEL ROAD APPROXIMATE MONITORING WELL LOCATION ATTEN, W2q, Y 0 ( IN FEET ) 1 INCH = 600 FEET I= MI 600 1 l� tD i AMP t it ------ IMO' PERMIT BOUNDARY WATTENBERG M, PERMIT BOUNDARY 1 .x , ____ ,o . J� BAURRER MW -1 ----i ---- ,\ r ❑). el Y Uri. VWATT PERMIT BOUNDARY \` STILLWATER SKI LAKE 14. • 41, ti 4C :01. 1" -. I.° . • fit• a Baurer Pit Groundwater Monitoring Data M.P. Elev Date Wattenberg MW -4 ; Wattenberg MW -5 Wattenberg MW -6 Wattenberg MW -7 Wattenberg MW -8 Baurer MW -1 4939.35 4942.55 4946.82 4943.89 4949.59 Depth to Water (ft) GW Elev. (ft) Depth to Water (ft) GW Elev. (ft) Depth to Water (ft) GW Elev. (ft) Depth to Water (ft) GW Elev. (ft) Depth to Water (ft) GW Elev. (ft) Depth to Water (ft) GW Elev. (ft) 01/18/19 8.4 4931.0 11.9 4930.7 4.3 4939.6 13.2 4936.4 02/14/19 (1) (1) 11.8 4930.8 4.7 4939.2 13.4 4936.2 03/10/19 8.7 4930.6 11.8 4930.8 5.1 4938.8 13.5 4936.1 04/25/19 (1) (1) 9.1 4933.4 4.3 4939.6 13.0 4936.6 05/29/19 (1) (1) 8.6 4933.9 3.5 4940.4 11.9 4937.7 06/20/19 8.3 4931.1 6.0 4936.6 3.0 4940.9 11.5 4938.1 07/17/19 6.8 4932.6 8.1 4934.5 3.2 4940.7 11.3 4938.3 08/27/19 7.8 4931.5 8.0 4934.6 3.0 4940.9 10.9 4938.7 09/25/19 8.2 4931.2 7.9 4934.7 2.9 4941.0 11.1 4938.5 10/22/19 8.0 4931.3 8.6 4934.0 2.9 4941.0 11.2 4938.4 11/19/19 7.2 4932.2 8.9 4933.6 3.5 4940.4 12.0 4937.6 12/17/19 7.6 4931.7 9.8 4932.8 4.1 4939.8 12.4 4937.2 01/28/20 7.7 4931.7 9.6 4933.0 14.5 4932.3 4.7 4939.2 12.7 4936.9 02/05/20 7.7 4931.7 9.3 4933.3 14.6 4932.3 4.9 4939.0 12.9 4936.7 03/23/20 6.7 4932.7 7.3 4935.2 14.5 4932.3 4.8 4939.1 12.8 4936.8 04/22/20 7.2 4932.2 7.9 4934.7 14.5 4932.4 4.0 4939.9 12.5 4937.1 05/19/20 7.4 4931.9 8.3 4934.3 14.5 4932.3 3.4 4940.5 11.5 4938.1 06/29/20 6.9 4932.5 7.4 4935.1 14.5 4932.3 3.2 4940.7 10.2 4939.4 07/21/20 7.9 4931.5 7.2 4935.3 14.5 4932.3 3.5 4940.4 10.4 4939.2 08/25/20 8.1 4931.3 7.6 4935.0 15.5 4931.3 3.2 4940.7 10.9 4938.7 09/21/20 8.1 4931.3 7.7 4934.9 14.5 4932.3 3.0 4940.9 10.8 4938.8 10/29/20 8.2 4931.2 8.8 4933.8 14.6 4932.2 3.7 4940.2 10.5 4939.1 11/26/20 8.0 4931.4 8.9 4933.7 14.6 4932.2 4.4 4939.5 11.6 4938.0 12/23/20 8.0 4931.4 9.6 4933.0 14.5 4932.3 4.8 4939.1 12.0 4937.6 01/30/21 8.0 4931.4 9.4 4933.2 14.5 4932.3 5.4 4938.5 12.6 4937.0 02/27/21 7.8 4931.6 9.1 4933.5 14.5 4932.3 5.7 4938.2 12.8 4936.8 03/28/21 7.7 4931.7 8.5 4934.1 14.5 4932.3 5.3 4938.6 12.6 4937.0 04/29/21 7.5 4931.9 8.1 4934.5 14.6 4932.2 3.9 4940.0 11.8 4937.8 05/27/21 8.0 4931.4 7.9 4934.7 14.6 4932.2 3.7 4940.2 10.6 4939.0 06/27/21 5.8 4933.6 7.7 4934.9 14.6 4932.2 3.5 4940.4 9.9 4939.7 NOTES: (1) NA = Groundwater data not available (2) Well MW -06 available for monitoring in 2020 Baurer Pit Groundwater Monitoring Data 4950 4948 4946 4944 4942 (6) 4940 co 0 4938 rai 4936 w 4934 33 4932 so 0 4930 t2^ V 4928 4926 4924 4922 4920 1/19 I I 2019 I - 2020 2021 I I I I , I I I I I ; I I I 1 , I 1 I i I I I 1 1 I I • ; I t I , I t - I\ I , e/ ! I I I I I i 1 f 1 9 I I I " I i ! i' I I I I ! r I i I i t I I 1 f I I ! I 1 I I 1 I 1 1 i i i i f i { I t I 1 I l I 1 I I i 1 I I i 1 i t I I !r Wattenberg MW -04 . ! , I 1 I t t I I i I I I I —)K—Wattenberg MW i I I I -05 1 I - Wattenberg MW I I 1 I I I --*—Wattenberg MW -06 -07 I I ! E I 1 I I I I 1 I I I I I I Wattenberg MW I f --E— -08 —s ' --- Baurer MW -01 I 1 1 ► I i f i I t f 1 1 t 1 I i I I 1/20 Date (month/year) 1/21 Proof of Publication Colorado Community Media 750 W. Hampden Ave. Suite 225 Englewood, CO 80110 BLUE EARTH SOLUTIONS - Bill Schenderlein PO Box 2427 Fort Collins CO 80522 Description: BSB333498 Pub Notice Baurer Pit (112 Permit) AFFIDAVIT OF PUBLICATION State of Colorado } County of Adams } ss This Affidavit of Publication for the Brighton Standard Blade, a weekly newspaper, printed and published for the County of Adams, State of Colorado, hereby certifies that the attached legal notice was published in said newspaper once in each week, for 4 successive week(s), the last of which publication was made 4/14/2021, and that copies of each number of said paper in which said Public Notice was published were delivered by carriers or transmitted by mail to each of the subscribers of said paper, according to their accustomed mode of business in this office. For the Brighton Standard Blade State of Colorado County of Adams } } ss The above Affidavit and Certificate of Publication was subscribed and sworn to before by the above named Gerard Healey, publisher of said newspaper, who is personally known to me to be the identical person in the above certificate on 4/14/2021. Gerard Healey has verified to me that he has adopted an electronic signature to function as his signature on this document. Carla Bethke Notary Public My commission ends April 11, 2022 CARL%BETHKE WNW PUBUC STATE OF COWRADO NOTARY IDN004025550 W C0M MISS M EXPIRES/Mt 11.2022 PUBLIC NOTICE Aggregate Industries — WCR. Inc., 1887 Cole BotAevard 11300, Golden, Colorado 80401, (303) 965-1070, has filed an appiicaeon for a Regular (112) Construction Materials Operation Redamaaon Pandit with the Colorado Mined Land Reclamation Board under provisions of the Colorado Land Reclamation Act for the extraction of construction materials. The proposed operation is known as the Baurer Pit end is located in or near Section 38, Township 1 North. Range 67 West of the 8th Prime Meridian, Weld County, Colorado. The general location of Oils operation is approximately one mile northwest of the City of Brighton, Colorado, near the intersection of WCR 23% and WCR 23% . The proposed date of commencement for operations included in the permit area is 2021 and the proposed date of completion is 2022. The proposed future use of the land is developed water resources. Additional information and tentative decision date may be obtained from the Division of Reclamation, Mining and Safety; 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 8864587, or the Weld County Clerk to the Board's office. 1150 O Street, Greeley, Colorado, 80631. (970) 4004226 or the above -named applicant Comments must be in writing and must be received by the Division of Reclamation. Mining, and Safety by 4:00 p.m. on May 4. 2021. Please mote that under the provisions of C.R.S. 3442.5401 et seq. Cohurrents related to noise, truck traffic, hours of operation, visual brawls effects on property values and other social or economic concerns are issues not subject to this Office's Jurisdiction. 7heae subjects, and stellar ones, are typically addressed by your local governments, rather than the Division of Reclamation. Alining, end Safety or the Mined Lend Reclamation Board. Legal Ad No.: BSB3334B8 First Publication: March 24, 2021 Last Publication: April 14, 2021 Published in: Brighton Standard Blade Proof of Notice to Surface Owners and Easement Holders within 200 -Feet of Affected Land m Er O (73 CD IT' ru r -R C� f�- U.S. Postal Service"' CERTIFIED MAIL® RECEIPT Domestic Marl Only For delivery information, visit our website at www.usps.com''. Br i g h ton >< c0 89sp3 Certified Mail Fee $ 3.60 Extra Se -Val -noes ees Knock owl add tot) _nallitir7-1triate) ❑ Return Receipt ihardoopy) ❑ Return R e10 ic) ti �— ❑ eft — certified Medi Restricted oeirver,, s -�t o : ❑ Adutt &return Required $ s •0 0 HRestricted Signature Rs rt�rd Delivery $ P Q . U O Postage S Total Postage and Fees $7.00 $0.55 Sera To Toby I. Struck Street andApt. M 527 County Road 23 %2 Brighton, Colorado 80603-9233 City, $fate, z.IP4 0197 09 Postmark lege 9 ells% 03/26/2021 PS Form 3800, April 2015 PSN 73302 -(?00.90+17 0" m 0 a See Reverse for Instructions U.S. Postal ServiceT" CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at ivww.usps.com . 'ri 9 on 1 s 80603. Certified Mail ree $3.60 S ra rvices Fee$ rcneck �. add fee ❑ Hearn Reoelpt frierocopyi $ ❑ Return Receipt (elleetronic) $ SOS — Certified Mw Restricted Delivery $��tJ Adult Signature Recainxi $ ----thef — ❑ Atuli Signature Restricted Delivery $ (� , Postage r-4 r� r -q r. $0 . JO Total Postage and `. 00 Sent To Nolan and .fennifer I lussey Street anciAb _ i 1058 County Road 23 /2 i;ity; Sldre, Brighton, Colorado 80603-9205 -21/3.i t'ot to Here t 03/26/2021 09 � rrot/ Oie PS Form 3800, April 2015 PSN 7530.02-000-9047 See Reverse for instructions SENDER: COMPLETE THIS SECTIL V ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1 Toby L Struck 527 County Road 23 Brighton, Colorado 80603-9233 i u i m i 9590 9402 5029 9063 0479 13 2. COMPLETE THIS SECTION ON DELIVERY A. Signature C11( C(1 g:Sm D ent Addressee B. Received by (Printed Name) C. Date of Delivery T^� 5Asertt - -z9 D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: able 3. Service Type G Adult Signature O Adult Signature Restricted Delivery O Certified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery n r.,"aa♦ nllivery Restricted Delivery 7018 2290 0001, 9491, 3431, Restricted Delivery I lovei 4:0uvl ❑ Priority Mail Express® L Registered Mar" D Registered Mail Restricted Delivery ❑ Return Receipt for Merchandise D Signature Confirmationt" O Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Nolan Jennifer Hussey 1058 LJmy Road 23 Brighton, Colorado 80603-9205 1111111111111 111111111 u i 9590 9402 5029 9063 0479 44 i 2 PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt i At COA4PLETE THIS SECTION ON DELIVERY A. Signature El Acct ddressee B. Received by (Printed Name) C. Date of Delivery 1\l 4usa 3 -29 e-2( D. Is delivery address diffeent from item 1? ❑ Yes If YES, enter delivery address below: [its 701,8 1,1,30 0001 3916 3565 Restricted Delivery ( (over $500) 3. Service Type O Adult Signature O Adult Signature Restricted Delivery O Certified Mail® O Certified Mail Restricted Delivery O Collect on Delivery ielivery Restricted Delivery ❑ Priority Mail Express° ❑ Registered MailjM D Registered Mail Restricted Delivery C Return Receipt for Merchandise ❑ Signature Confirmation TM n Signaturo Confirmation Restricted Delivery Domestic Return Receipt U.S. Postal Service CERTIFIED MAIL® RECEIPT Domestic Mail Only in rr in 0 0 m rig r9 rR r - For delivery information, visit our website at www.usps.com . Bf i Shtt7n Y fled Mail Fee $3.60 Extra ervices & Pees (check box, add fee Return Receipt Qiardcopyl t ❑ Return Receipt (eir c tranic) $ .__Save° — Certified Mail Restricted Delivery $ 4e.. OMutt Signature Required s _an--. ['Adult Signature Restricted Delivery $ V V Postage Total Postage and Fees $7.00 3 $0.55 M97 0 Arnarkere 03126/2021 Sera To Jaime Mcjia Francta tireer andApr 636 County Road 23 % _ Brighton, Colorado 80603-920(1 OW, Mare, ?if PS Form 3800, April 2015 PSN 7534.0'2-000•9os7 Q.. m Cn a Q C7 m a r -R C1 f`- __,»e_ See Reverse for Instructions U.S. Postal Service"' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at wtvw.usps scorn Love:land, nd , cowl L S E Certified Mail Fee $3.60 'Extra Services & Fees (check box, add foe ❑ Return Receipt >) s O Return Flisoalpt (electronic) $ - • c:artiried Anvil Restricted Delivery ; ❑ Adult Signatures Required >D O Adult Signature Ratrtcted Deny $ $0 r 00- -40:60-- $0.00 Postage $0.55 'total Postage and Fees = $7.00 Sent To Peterson Energy Operating Inc. '8treet and Apt. 497 Denver Avenue Loveland, Colorado 80537-5129 -619, 2113 0197 09 istmark Here 03/26/2021 PS Form 3800, April 2015 PSN 7530-002.000-7 See Reverse for instructions + cr , it SENDER: COMP! E/E THIS SECTION i ■ Complete items 1,-2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. lair e Mejia Francia 63F County Road 23 1/2 Brighton, Colorado 80603-9200 IIIIIIIII III ui is i i 9590 9402 5029 9063 0479 68 i COMPLETE THIS SECTION ON DELIVERY A. Signature RC( S❑ Agent X Ea-AtaLessee eiv�dby (Printed Name) C. Date of Delivery tra ne e5 2?J21, D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: Cfrtcro T I I • _ _ 1_ L - Il 3. Service Type O Adult Signature ❑ Adult Signature Restricted Delivery ❑ Certified Mail® Q Certified Mail Restricted Delivery 0 Collect on Delivery n rr,ilnr* en, netu,very Restricted Delivery 701,8 1,1,30 D001s 391,6 3558 ( (over S5uu) estricted Delivery G Priority Mail Express® ❑ Registered MallTm ❑ Registered Mail Restricted Delivery El Return Receipt for Merchandise ❑ Signature Confirmationrrw O Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 - • •::._ •-T Domestic Return Receipt �I SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Peterscre ;*.i iergy Operating Inc. Attn: Ryan Dornbos 497 Denver Avenue Loveland, Colorado 80537-5129 m i i i i 9590 9402 5029 9063 0479 20 i COMPLETE TN:S :ECTION ON DELIVERY A. Sig X B. R eived by (Printed Name) r ■ Agent Addressee C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No r s 7 1 11,30 D001, 391,6 3893 3. Service Type O Adult Signature O Adult Signature Restricted Delivery ❑ Certified Mail® 0 Certified Mail Restricted Delivery D Collect on Delivery n r„uev-+.,n Delivery Restricted Delivery it it Restricted Delivery I (over wu) O Priority Mail Express C Registered MaiIT" ❑ Registered Mail Restricted Delivery ❑ Retum Receipt for Merchandise ❑ Signature ConfirmntlonnA t_1 Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt !� fT1 r-4 cr m a as tI r-� r-9 CI P- tO ea m cr m 113D DDDL c0 N U.S. Postal Service' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at ww w.usps.com Ensleat Sbpp A Certified Mail Fee Extra Services & Fees (check box, add fee ❑ Return Receipt (hwdcaay) � ❑ Return Receipt (electronic) s D Coddled Man Restricted Delivery S 10 • Q£f ❑ Adult Signature Required S D butt Signature Restricted Delivery S Postage S Total Postage and Foes $3.60 $0.55 Sent To \� 0197 0 <y r� 03/26/2021 'Street and -Apt I city, Stare, 2IP4 KP Kauffman Company Inc. 3615 S. 1 luron Street, Suite 200 Englewood, Colorado 80110 Ili — —'- M AO •1 el M I PS Form 3000, April 2015 PSN 7530-02-000.9047 Sect Reverse for Instructions U.S. Postal Service?' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com . Meei Bs'tr FO 8031 USE Certified Mail Fee $3.60 Extra Services & Fees (crock bar, add tea at ❑ Requm iteceipt thalydcopy) S El Return Receipt (electronic) S ❑ Certified Mail Restricted Delivery S • $0r Ir-i- [] Adult Signature Required s [] Adult Signature Restricted Delivery $0.55 Total Postage and Fees Sent To rSireeT andApt. h -`tin -2/Pi. $7.00 City of Westminster 4800 W. 92nd Avenue Westminster, CO 80031-6387 0197 09 Post Het* ekj 03/26/2021 ---------------- PS Form 3800. April 2015 PSN 7530-02.400.9047 See Reverse for Instructions SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1 KP Kauffman Company Inc. C/O KE Andrews & Company 3615 S. Huron Street, Suite 200 Englewood, Colorado 80110 i 111 1111111111 i i I i i 9590 9402 5029 9063 0479 37 i COMPLETE THIS SECTION ON DELIVERY A. Sig X re ---'ax—L_ - B. Received by (Printed Name) ❑ Agent �--;❑-Addressee C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 2 3. Service Type Q Adult Signature ❑ Adult Signature Restricted Delivery O Certified Mail® ❑ Certified Mail Restricted Delivery U Collect on Delivery f 1 Collo& on Delivery Restricted Delivery 7018 1,1,30 0001 3916 3909 1 �vVCI 1 I Restricted Delivery .pare i ❑ Priority Mail Express® C Registered Mailmi O Reeggistered Mail Restricted Delivery ID Return Receipt for Merchandise C Signature Confirmation"' G Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. ;.,I.r City of \iMirt•,,min ster 4800 W. -.C - Avenue •• Westminster, Colorado 80031-6387 1111111111111 II 111111111111 111 i 9590 9402 5029 9063 0478 90 t, COMPLETE THIS SECTION ON DELIVERY A. Signature X B. Received by (Printed Name) ❑ Agent ❑ Addressee C. Date of Delivery D. Is delivery address different from item 1? p Yes If YES, enter delivery address below: • oot VeS GOO VIESo A,iEt43taSTIANSTER, CO KO 1 NCR 2 Ariinln (►Ittrvrehr•r rresosrinlr.r:••...redo ..irt.ir••••• l••• 701,8 1,130 DD0It 391,6 3848 3. Service Type CJ Adult Signature ❑ Adult Signature Restricted Delivery O Certified Mail® ❑ Certified Mail Restricted Delivery O Collect on Delivery ❑ Priority Mail Express® ❑ Registered Maii ' M ❑ Registered Mail Restricted Delivery ❑ Retum Receipt for Merchandise f 1 f :nuart nn Delivery Restricted Delivery C7 Signature Confirmationlm PS Form 3811, July 2015 PSN 7530-02-000-9053 1 ❑ Signature Confirmation I Restricted Delivery Restricted Delivery luver Jew) Domestic Return Receipt r IT' m r-1 0 C.3 ale U.S. Postal Service" CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information. visit our website at www.usps.com • Mi 11 I,kein:! „CD 801543 L tit erni Certified Men Pee S txtra Services S Fees (ct+er"bar. add !fee e3 1•'t•a ra) ❑ Return Receipt (hercicoPy) $ $3.60 j] Return Receipt (electronhc) $ S 0 Ai ) ❑Certified Moll Restricted Delivery $ 40.0 th ❑ Adult Required s V ❑ Adult Spews Restricted Delivery $ �• CJ Postage m$ ral 'Total Postage and f=oes a $ $7.00 r9 MI P- r -4 m rrl r-14 iT1 a Q Sent To E1a11-In�in Aggregates LLC "Street and Ar 301 Centennial Drive Milliken, Colorado 80543-3222 City, State, $0.55 111 97 09 Postmark Here tis ,93/ 26/2021 PS Form 3800, April 2015 PSN 7530.02-o0o-9as7 See Reverse for Instructions U.S. Postal Service' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information. visit our website at www.usps.com o den: C g fir. Certified Mail Fee re rvices $ Fees /check boA, add Ave ❑ Return Receipt (hardcopy) i ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Del/ivory $ Adult Signature Required ['Acker Signature Restricted Delivery $ PPostage r -n its r� Total Postage rind F '� 51.00 S Sant To $3.60 $0.55 I A L $2.8 s $0.00 Street andApt Nt tifs4 4 +197 09 Postmark Here �� �7 r. r 031/70 Aggregate industries -- WC•R Inc. 1687 Cole Blvd. Suite 300 Golden, Colorado 80401-3318 ores_ _ ': PS Form 3800, April 2015 PSN 7530-02.000-0oa7 See Reverse for Instructions SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. ., Hall -Irwin Aggregates LLC 301 Centennial Drive Milliken, Colorado 80543-3222 i u i i 111111111 i i i 9590 9402 5029 9063 0479 51 i COi'✓1PLETE THIS SECTION ON DELIVERY A. Signature X C 19 803 eiEb4gent AddresS00 ■ B. Received by (Printed Name) C. Date 3/22 of Delivery Y No t D. Is delivery address different from item If YES, enter delivery address below: 1? ❑ tgi T • i.- -- - ' - tw. _ rt 701,8 11,30 0001, 3916 3923 PS Form 3811, July 2015 PSN 7530-02-000-9053 .:• a• h 3. Service Type Cl Adult Signature O Adult Signature Restricted Delivery © Certified Mail® ❑ Certified Mail Restricted Delivery 0 Collect on Delivery n rr,rlart nn Delivery Restricted Delivery flail flail Restricted Delivery cover aou0) 5 Priority Mail Express® ( J Registered Mail?"' ❑ Registered Mail Restricted Deliver), O Retum Receipt for Merchandise • Signature Confirmationi'" Li Signature Confirmation Restricted Delivery I SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Aggregate Industries — WCR, Inc. 1687 Cole Blvd, Suite 300 Golden, Colorado 80401-3318 1111111111111 111111111 i i i 11 9590 9402 5029 9063 0478 69 i Domestic Return Receipt COMPLETE THIS SECTION ON DELIVERY A. Sign X B. re ❑ Agent Addressee e of Delivery D. Is delivery address different from item 1? / Yes if YES, enter delivery address below: ❑ No in .-..•.•- a• --a- it 1-. -- --... .f-- I_t -fl 7018 1,1,30 0001 391,6 3831, I (over yovu) 3. Service Type ❑ Adult Signature O Adult Signature Restricted Delivery D Certified Mail0 O Certified Mall Restricted Delivery O Collect on Delivery n „rs Delivery Restricted Delivery it Ii Restricted Delivery Cl Priority Mail ExpressZ 0 Registered Malin' D Registered Mail Restricted Delivery ❑ Return Receipt for Merchandise O Signature ConfirmationnA O Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt c0 m rg Er 0 CI U.S. Postal Service"' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at tvww.usps.com . Certified Mail Fee vivo • II a*Er $3..0 _ AL $2.85 Extra Services & Fees (choclaors odd fie as - j 03 El Return Receipt ( KAY) $ —Et -M - Return Receipt (electronic) S ❑ certified Mall Restricteci Delivery s $0* 00 ❑ Adult Signature Requirod S $0 . OU ❑ Adult Signature Restricted Delivery $ Postage a Total Postage and F.? s $0.55 _ 019709 `*e 9�� c`\s, Hate N pi ) 03/26/2021 1O Sent To r3 Q &root andA, r- .�`tSt9, �. ru to m r--4 IT' a O Q IBC' 1' Midstream 370 17' Street, Suite 2500 Denver, Colorado 80202 iN NIMaa MleYM7 PS Form 3800, April 2015 PSN 7534.02-000.9047 See Reverse for Instructions U.S. Postal Service" CERTIFIED MAIL® RECEIPT Domestic Mai! Only For delivery information, visit our website at www.usps.com Broare teicri; (0 800VA 1, Certified Mail Fee $ $3.60 Extra Services & trees (check Gout, add feu aUae) ❑ Return Receipt (hardc'ofay) $ -GA.AGA. C4---- ❑ Ream Receipt t +it) $ • Ete-- ❑ Certified Mali Reef rict.d Delivery S n Adult signature Required $ Adult Signature Restricted oeiNery S W 0. VV Postage $0.55 Totai' Postage and Fees s $7.00 0197 09 PoAark 03/36/2021 Sent To C'enturyl,ink Street and Apt. 1025 Eldorado Blvd Luis -3't ierty Broomfield, Colorado 80021 PS Form 3300. April 2015 PSN 753042.000-9047 See Reverse for instructions t r SENDER: COMPLETE TH/S SECTION ■ Complete items 1, 2, ,and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. DCP Midstream 370 17"' Street, Suite 2500 Denver, Colorado 80202 i 1111111111 m m i I 111111111 9590 9402 5029 9063 0479 82 7018 1130 0001 3916 3886 COMPLETE THIS SECTION ON DELIVERY A. Signature X it ?net/ ❑ Addnressee B. Reced by (Printed me) C. D to of Delivery iqqkfti D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type C� Adult Signature D Adult Signature Restricted Deliver/ ❑ Certified Mail® O Certified Mall Restricted Delivery ❑ Collect on Delivery cI Collect on Delivery Restricted Delivery iil Restricted Delivery I Ivvrn .a.,w1 LI Priority Mail Express® :l Registered Mail("' Ll Registered Mail Restricted Delivery Return Receipt for Merchandise iJ Signature Contirmationtm U Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 •'► 1 • •••••••-••• SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1 Affirm Artri►accarl fer Centu ryLtn k 1025 Eldorado Blvd Broomfield, Colorado 80021 i m 111111111 111 1111111111 9590 9402 5029 9063 0479 99 • l,c .,/1 Domestic Return Receipt j 4%. COMPLETE THIS SECTION ON CEI_PrE Y A. Signature X i B. Received by (Printed Name) d Agent Ad -essee te,of Delivery D. Is delivery address different from item 1? If YES, enter delivery address below: ❑ Yes ❑ No 7018 1,1,30 0001, 391,6 3862 PS Form 3811, July 2015 PSN 7530-02-000-9053 3. Service Type O Adult Signature O Adult Signature Restricted Delivery O Certified Mail® ❑ Certified Mail Restricted Delivery C.r Collect on Delivery n rrrrart nn Delivery Restricted Delivery ail aii Restricted Delivery I (over 4)ow) ❑ Priority Mail Express® E7 Registered MaiITm O Registered Mall Restricted Delivery O Return Receipt for Merchandise O Signature Confirmationt"r El Signature Confirmation Restricted Delivery Domestic Return Receipt co m a cr m r -R r- m Er or 0 O C3 IMO rU ru r- U.S. Postal Service"' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.corn Certified Mail Fee 1-5. 60 S Extra services & Pees (check box, add rev dieneir Q Return Receipt ('harcicop'y) � $0. R• °Cr VI. 00 $0.00--. Return Receipt (elecutinic) $ ❑ Certified Mail Restricted Delivery S ❑ Adult Signature Required x O Adult Signature Restricted Deliver/ S $2.85 Postage $0.55 Total Postage and F 0 s Sent To `Street and Ag Z: Weld County Public Works P.U. Box 758 Greeley, Colorado 80632 USE 0197 09 .-,rte: _ Postmark Herr t 04%11% 03/26/2021 .1-1 sr M SM. • IP Mr Se IMO --MI N --•--- P5 Form 3800, April 2015 Pal 7530-02-000-9047 See Reverse br Instructions U.S. Postal Services"' CERTIFIED MAIL' RECEIPT Domestic Marl Only For delivery information. visit our website at www.usps.com'j . Denver I_.00 802i_12 Certified Mail Fo0 $ 3 .60 s rvioes & Fees neck box, add fee a Return Receipt (harr copY) S El Return turn Receipt (electronic) []Certifies! Mal Restricted Delivery S •• Q Adult Signature Required S _gat, C1 Adult Signature Restricted Delivery $ A 4, PP Postage $0.55 otal Postage and Fee . 00 Sent To Street a City, Sty • • --••_. t t Xcel Energy Attn: Tyler Swanson 1800 Larimer Street, Suite 400 :Denver. CO 80202 d 0197 09 Postmark • Here r P\36/ 2021: O1)----,I� PS Form 3800, April 2015 PSrs 7530.02.000.0047 See Reverse for Instructions SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Weld County Public Works Attn: Mike McRoberts P.O. Box 758 Greeley, Colorado 80632 11111111111111 m m i i i u 9590 9402 5029 9063 0479 06 i CON?PLE:n: THIS SECTION ON DELIVERY A. Signature C_ /1 X B. Received by (Printed Name) Gorey McGee ❑ Agent ❑ Addressee C. Date of Delivery D. Is delivery address different from item 1? If YES, enter delivery address below: • . • 1 • • rr t .- r 3. Service Type L.] Adult Signature O Adult Signature Restricted Delivery ❑ Certified Mail® ❑ Certified Mail Restricted Delivery O Collect on Delivery - Delivery Restricted Delivery 7018 1,130 0001, 3916 3879 'II ,II Restricted Delivery I (over S500) PS Form 3811, July 2015 PSN 7530-02-000-9053 SENDER: COMPLETE HIS SECTION ■ Complete items 1, 2, and 3......_ ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: Xcel Energy Attn: Tyler Swanson 1800 Ldrimer Street, Suite 400 Denver, CO 80202 2 111R119111111111111,1101111111,11 _ T 701,8 2290 0001 9491, 3479 cuvcs, ,7.vuJ PS Form 3811, July 2015 PSN 7530-02-000-9053 Q Priority Mail Express D Registered MailnA O Registered Mail Restricted Delivery ❑ Retum Receipt for Merchandise LI Signature Confirmation'"" D Signature Confirmation Restricted Delivery Domestic Return Receipt COMPLETE rnir SECTION ON DELIVERY A. Signature X 1 Agent ❑ Add> ee t . D a oPt elivery B. Rec iv - • by (Plied Name } address different from ite Yes D. Is delivery add T O No If YES, enter delivery address below: I A. n t*, 3. Service Type `- 0 Adult Signature Q Adult Signature Restricted Delivery Cl Certified Mail® El Certified Mail Restricted Delivery D Collect on Delivery rniinft nn Delivery Restricted Delivery I iI Restricted Delivery O Priority Mail Express® O Registered Mail"' O Registered Mall Restricted Delivery O Return Receipt for tvlerchandise O Signature Confirmation"' Li Signature Confimation Restricted Delivery Domestic Return Receipt �� 3916 3916 U.S. Postal Service"' CERTIFIED MAIL® RECEIPT Domestic Marl Only For delivery information, visit our website at www.usps.com Geld gin * CO uO4f rk 1AL S E Certified Mail Fee $ 3 .60 s txtra Services b Pees (chock box, add lee ❑ Rewm Receipt (hardc;cpy) s ❑ Return Flit (doctr ordc) 5 Certified Mal Restricted Delivery s ❑ Adult Signature Required $ $0.00 $0.00 Se 00 ❑ Adult Signature Restricted Delivery $ • Postage s t otal Postage and Fen .0 $0.55 s Lc, f ' v postmark i ire. G .1 �� �.c� 03n7/1. Sera To ~Street and/ G• iiy, Mato. Xcel Energy. 18201 West l0''' Avenue Golden, Colorado 80.01 PS Form 3800, April 2015 PSt47534.02-OOo-a047 See Reverse for Instructions i- . ", SENDER: C^MPLETS. THIS SECTION ■ aotnptate it: ms `1 , ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Xcel Energy 1.8201 West 10th Avenue Golden, Colorado 80401 111111111111 m u 9590 9402 5029 9063 0478 76 i • c COMPLETE THIS SECTION CIN DaIVERY A. Signature - re Agent r ❑ Addressee B. RectiliK(PrintrrieeU C- f e4ivery X r _ D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No ? Ariinles snoshnr /Tmncfor from enniinn lahofl 701,8 113❑ ❑001 3916 391,6 i wvtel JJvu) 3. Service C • •ult Signat C.i • dult Slgnatu,Restricted Certified Mail® D Certified Mail Restricted Delivery ❑ Collect on Delivery n (wort on Delivery Restricted Delivery it it Restricted Delivery rity Mail Express�v Registered Mail TM tered Mail Restricted wory etum Receipt for Merchandise Fl Signature Confirmation. "" ❑ Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt USPS Tracking' Track Another Package + Tracking Number: 701 81 1 300001 391 63541 FAQ s > Remove X The delivery status of your item has not been updated as of March 30, 2021, 2:18 am. We apologize that it may arrive later than expected. Awaiting Delivery Scan March 30, 2021 at 2:18 am Get Updates -n CD CD a. Cr a� L; Text & Email Updates u Tracking History u Product Information u reng m 0 CI U.S. Postal Service"' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at tvww.usps.com . r! - - Pik i • Certified Mail Fes $3.60 AL U` -t Extra Services & Fees (icheck boar, add tee ❑ Return Receipt iparrkopy) $ • d Return Receipt (electronic) $ take° ❑ Certified Mall Restricted Dekvery = 0 Adult & rsat,* Required $ —40 . �# t�� O Adult Signature Restricted DeRve y $ Posteee S tota�ostage end Frp. on S 0c5 c Sent To _rano4 Post 0197 f i c? \R c )11. Xcel Energy trivet andAer 1123 West 3r° Avenue Denver. Colorado 80223 bi y, state, z PS Farm 3800, April 2016 A&N 76:30.02-0110-0047 See Reverse for Instructions Ire? iuestions. i USPS Tracking" Track Another Package + Tracking Number: 701 81 1 300001 391 63855 FAQs > Remove X Your item was delivered to the front desk, reception area, or mail room at 11:38 am on March 31, 2021 in DENVER, CO 80209. G Delivered, Front Desk/Reception/Mail Room March 31, 2021 at 11:38 am DENVER, CO 80209 Get Updates u Text & Email Updates u Tracking History V Product Information u ce m Go Ha O U.S, Postal Service' CERTIFIED 11111AIL``) RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com' . De +c� Fta- 80209' Certified fVlai1 Fee s $3.60 Extra services & Fees box. add tae a 'e rot O Return wrote lhardcopy) $ t1.1-00 o Return warr* s $ Os 00 CarUAW Moil Restricted Delivery $ t Oft ❑ AdultSignature Required s en- " � p Adult Berarture Restricted Delivery S Postage sr,. 55 Total Postage and Fees s $7.00 Sent To Carl Eiberger t and -R L 303 S. Broadway, Unit B-200 airy-3t8tR.- Denver, Colorado 80209-1558 SE Postm Her 03/26/2021 PS Form 3800, April 2016 PSN'530.04-o0a900t'7 See Reverse for Instructions ns. Proof of Structure Agreement Offers to Owners of Man -Made Structures within 200 -Feet of Affected Area Signed: blue earth SOLUTIONS Letter of Transmittal DATE: July 27, 2021 TO: CenturyLink 1025 Eldorado Blvd Broomfield, Colorado 80021 FROM: Bill Schenderlein Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 (970) 227-2803 WE TRANSMIT: Attached nInformation Below THE FOLLOWING: ■ Originals n Copy of Letter n Applications n Specifications FOR YOUR: n Use n Approval n Information ■ Review & Comment Remarks: First, we apologize for needing to send another certified mailing letter and any inconvenience it may cause you. Aggregate Industies — WCR, Inc. is in the process of obtaining a Colorado Division of Reclamation, Mining and Safety (DRMS) permit for the mining of aggregate materials in Weld County (see Vicinity Map). The mining will include excavation to maximum depths of about 30 feet below the ground surface and reclamation will involve installation of a slurry wall, grading to create stable slopes, and creation of a below -grade reservoir. As part of the permitting, DRMS requires Aggregate Industries to offer an agreement to owners of man-made structures within 200 feet of the proposed mining activities. Aggregate Industries has identified permanent man-made structures owned by CenturyLink within or adjacent to the project (see Pre-Mining/Mining Plan Map). To protect your interests in the structures, Aggregate Industries is offering an agreement that provides CenturyLink compensation for structure damage. An initial/example agreement is attached. Mine planning has established appropriate setbacks from mining excavations to adjacent structures, including those owned by CenturyLink, and Aggregate Industries does not anticipate any structure damages. However, to ensure your interests are protected, we request that you please consider the enclosed Structure Agreement. If a representative of your organization will please sign and return the agreement to us, Aggregate Industries — WCR, Inc. will in -turn sign the agreement and we will return a copy of the completed agreement to you for your records. Please call me at (970) 227-2803 with any questions or to schedule a meeting for agreement revisio G� , Blue Earth Solutions, LLC • P.O. Box 2427 • Fort Collins, CO 80522 • (970) 227-2803 Signed: blue earth SOLUTIONS Letter of Transmittal DATE: July 27, 2021 TO: City of Westminster 4800 West 92' Avenue Westminster, Colorado 80031-6387 FROM: Bill Schenderlein Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 (970) 227-2803 WE TRANSMIT: • Attached Information Below THE FOLLOWING: ■ Originals n Copy of Letter n Applications n Specifications FOR YOUR: n Use n Approval n Information ■ Review & Comment Remarks: First, we apologize for needing to send another certified mailing letter and any inconvenience it may cause you. Aggregate Industries — WCR, Inc. is in the process of obtaining a Colorado Division of Reclamation, Mining and Safety (DRMS) permit for the mining of aggregate materials in Weld County (see Vicinity Map). The mining will include excavation to maximum depths of about 30 feet below the ground surface and reclamation will involve installation of a slurry wall, grading to create stable slopes, and creation of a below -grade reservoir. As part of the permitting, DRMS requires Aggregate Industries to offer an agreement to owners of man-made structures within 200 feet of the proposed mining activities. Aggregate Industries has identified permanent man-made structures owned by the City of Westminster within or adjacent to the project (see Pre-Mining/Mining Plan Map). To protect your interests in the structures, Aggregate Industries is offering an agreement that provides the City compensation for structure damage. An initial/example agreement is attached. If the City of Westminster is already in discussions with Aggregate Industries — WCR, Inc. regarding agreements to remove or protect structures at this location, you may disregard this letter. Mine planning has established appropriate setbacks from mining excavations to adjacent structures, including those owned by the City, and Aggregate Industries does not anticipate any structure damages. However, to ensure your interests are protected, we request that you please consider the enclosed Structure Agreement. If a representative of your organization will please sign and return the agreement to us, Aggregate Industries — WCR, Inc. will in -turn sign the agreement and we will return a copy of the completed agreement to you for your recArds. Please call me at (970) 227-2803 with any questions or to schedule a meeting fo a ee}Jlit rev, vi r Blue Earth Solutions, LLC • P.O. Box 2427 • Fort Collins, CO 80522 • (970) 227-2803 blue earth SOLUTIONS Letter of Transmittal DATE: July 27, 2021 TO: DCP Midstream 37017th Street, Suite 2500 Denver, Colorado 80202 FROM: Bill Schenderlein Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 (970)227-2803 WE TRANSMIT: Attached n Information Below THE FOLLOWING: ■ Originals n Copy of Letter n Applications n Specifications FOR YOUR: nUse n Approval n Information ■ Review & Comment Remarks: First, we apologize for needing to send another certified mailing letter and any inconvenience it may cause you. Aggregate Industries — WCR, Inc. is in the process of obtaining a Colorado Division of Reclamation, Mining and Safety (DRMS) permit for the mining of aggregate materials in Weld County (see Vicinity Map). The mining will include excavation to maximum depths of about 30 feet below the ground surface and reclamation will involve installation of a slurry wall, grading to create stable slopes, and creation of a below -grade reservoir. As part of the permitting, DRMS requires Aggregate Industries to offer an agreement to owners of man-made structures within 200 feet of the proposed mining activities. Aggregate Industries has identified permanent man-made structures owned by DCP Midstream within or adjacent to the project (see Pre-Mining/Mining Plan Map). To protect your interests in the structures, Aggregate Industries is offering an agreement that provides DCP Midstream compensation for structure damage. An initial/example agreement is attached. If DCP Midstream is already in discussions with Aggregate Industries — WCR, Inc. regarding agreements to remove or protect structures at this location, you may disregard this letter. Mine planning has established appropriate setbacks from mining excavations to adjacent structures, including those owned by DCP Midstream, and Aggregate Industries does not anticipate any structure damages. However, to ensure your interests are protected, we request that you please consider the enclosed Structure Agreement. If a representative of your organization will please sign and return the agreement to us, Aggregate Industries — WCR, Inc. will in -turn sign the agreement and we will return a copy of the completed agreement to you for your records. Please call me at (970) 227-2803 with any questions or to schedule a meeting for agrent re Signed: / r Blue Earth Solutions, LLC ♦ P.O. Box 2427 ♦ Fort Collins, CO 80522 ♦ (970) 227-2803 blue earth SOLUTIONS Letter of Transmittal DATE: July 27, 2021 TO: Jaime Mejia Francia 636 County Road 23 % Brighton, Colorado 80603-9200 FROM: Bill Schenderlein Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 (970) 227-2803 WE TRANSMIT: Attached nInformation Below THE FOLLOWING: ■ Originals n Copy of Letter n Applications nSpecifications FOR YOUR: n Use n Approval n Information ■ Review & Comment Remarks: First, we apologize for needing to send another certified mailing letter and any inconvenience it may cause you. Aggregate Industries - WCR, Inc. is in the process of obtaining a Colorado Division of Reclamation, Mining and Safety (DRMS) permit for the mining of aggregate materials in Weld County (see Vicinity Map). The mining will include excavation to maximum depths of about 30 feet below the ground surface and reclamation will involve installation of a slurry wall, grading to create stable slopes, and creation of a below -grade reservoir. As part of the permitting, DRMS requires Aggregate Industries to offer an agreement to owners of man-made structures within 200 feet of the proposed mining activities. Aggregate Industries has identified permanent man-made structures owned by you within or adjacent to the project (see Pre-Mining/Mining Plan Map). To protect your interests in the structures, Aggregate Industries is offering an agreement that provides you compensation for structure damage. An initial/example agreement is attached. Mine planning has established appropriate setbacks from mining excavations to adjacent structures, including those owned by you, and Aggregate Industries does not anticipate any structure damages. However, to ensure your interests are protected, we request that you please consider the enclosed Structure Agreement. If you or your representative could please sign and return the agreement to us, Aggregate Industries - WCR, Inc. will in -turn sign the agreement and we will return a copy of the completed agreement to you for your records. Please call me at (970) 227-2803 with any questions or to schedule a meeting for agreement revisions. „ Signed: Blue Earth Solutions, LLC • P.O. Box 2427 • Fort Collins, CO 80522 • (970) 227-2803 blue earth SOLUTIONS Letter of Transmittal DATE: July 27, 2021 TO: Hall -Irwin Aggregates LLC 5586 West 19`h Street, Suite 2000 Greeley, Colorado 80634 FROM: Bill Schenderlein Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 (970) 227-2803 WE TRANSMIT: • Attached Information Below THE FOLLOWING: ■ Originals n Copy of Letter n Applications n Specifications FOR YOUR: n Use n Approval n Information ■ Review & Comment Remarks: First, we apologize for needing to send another certified mailing letter and any inconvenience it may cause you. Aggregate Industries — WCR, Inc. is in the process of obtaining a Colorado Division of Reclamation, Mining and Safety (DRMS) permit for the mining of aggregate materials in Weld County (see Vicinity Map). The mining will include excavation to maximum depths of about 30 feet below the ground surface and reclamation will involve installation of a slurry wall, grading to create stable slopes, and creation of a below -grade reservoir. As part of the permitting, DRMS requires Aggregate Industries to offer an agreement to owners of man-made structures within 200 feet of the proposed mining activities. Aggregate Industries has identified permanent man-made structures owned by Hall -Irwin within or adjacent to the project (see Pre-Mining/Mining Plan Map). To protect your interests in the structures, Aggregate Industries is offering an agreement that provides Hall -Irwin compensation for structure damage. An initial/example agreement is attached. If Hall -Irwin is already in discussions with Aggregate Industries — WCR, Inc. regarding agreements to remove or protect structures at this location, you may disregard this letter. Mine planning has established appropriate setbacks from mining excavations to adjacent structures, including those owned by Hall -Irwin, and Aggregate Industries does not anticipate any structure damages. However, to ensure your interests are protected, we request that you please consider the enclosed Structure Agreement. If a representative of your organization will please sign and return the agreement to us, Aggregate Industries — WCR, Inc. will in -turn sign the agreement and we will return a copy of the completed agreement to you for your records. Please call me at (970) 227-2803 with any questions or to schedule a meeting for agreemprJjt revisns. Signed: Blue Earth Solutions, LLC • P.O. Box 2427 • Fort Collins, CO 80522 • (970) 227-2803 (blue earth SOLUTIONS Letter of Transmittal DATE: July 27, 2021 TO: Nolan and Jennifer Hussey 1058 County Road 23 Y Brighton, Colorado 80603-9205 FROM: Bill Schenderlein Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 (970) 227-2803 WE TRANSMIT: Attached nInformation Below THE FOLLOWING: ■ Originals n Copy of Letter n Applications nSpecifications FOR YOUR: nUse n Approval nInformation ■ Review & Comment Remarks: First, we apologize for needing to send another certified mailing letter and any inconvenience it may cause you. Aggregate Industries - WCR, Inc. is in the process of obtaining a Colorado Division of Reclamation, Mining and Safety (DRMS) permit for the mining of aggregate materials in Weld County (see Vicinity Map). The mining will include excavation to maximum depths of about 30 feet below the ground surface and reclamation will involve installation of a slung wall, grading to create stable slopes, and creation of a below -grade reservoir. As part of the permitting, DRMS requires Aggregate Industries to offer an agreement to owners of man-made structures within 200 feet of the proposed mining activities. Aggregate Industries has identified permanent man-made structures owned by you within or adjacent to the project (see Pre-Mining/Mining Plan Map). To protect your interests in the structures, Aggregate Industries is offering an agreement that provides you compensation for structure damage. An initial/example agreement is attached. Mine planning has established appropriate setbacks from mining excavations to adjacent structures, including those owned by you, and Aggregate Industries does not anticipate any structure damages. However, to ensure your interests are protected, we request that you please consider the enclosed Structure Agreement. If you or your representative could please sign and return the agreement to us, Aggregate Industries - WCR, Inc. will in -turn sign the agreement and we will return a copy of the completed agreement to you for your records. Please call me at (970) 227-2803 with any questions or to schedule a meeting for agreement revisions. Signed: ./) Blue Earth Solutions, LLC • P.O. Box 2427 Fort Collins, CO 80522 • (970) 227-2803 blue earth SOLUTIONS Letter of Transmittal DATE: July 27, 2021 TO: KP Kauffman Company Inc. C/O ICE Andrews & Company 3615 S. Huron Street, Suite 200 Englewood, Colorado 80110 FROM: Bill Schenderlein Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 (970) 227-2803 WE TRANSMIT: Attached ' Information Below THE FOLLOWING: ■ Originals n Copy of Letter n Applications nSpecifications FOR YOUR: nUse nApproval n Information ■ Review & Comment Remarks: First, we apologize for needing to send another certified mailing letter and any inconvenience it may cause you. Aggregate Industries — WCR, Inc. is in the process of obtaining a Colorado Division of Reclamation, Mining and Safety (DRMS) permit for the mining of aggregate materials in Weld County (see Vicinity Map). The mining will include excavation to maximum depths of about 30 feet below the ground surface and reclamation will involve installation of a slurry wall, grading to create stable slopes, and creation of a below -grade reservoir. As part of the permitting, DRMS requires Aggregate Industries to offer an agreement to owners of man-made structures within 200 feet of the proposed mining activities. Aggregate Industries has identified permanent man-made structures owned by KP Kauffman within or adjacent to the project (see Pre-Mining/Mining Plan Map). To protect your interests in the structures, Aggregate Industries is offering an agreement that provides KP Kauffman compensation for structure damage. An initial/example agreement is attached. If KP Kauffman is already in discussions with Aggregate Industries — WCR, Inc. regarding agreements to remove or protect structures at this location, you may disregard this letter. Mine planning has established appropriate setbacks from mining excavations to adjacent structures, including those owned by KP Kauffman, and Aggregate Industries does not anticipate any structure damages. However, to ensure your interests are protected, we request that you please consider the enclosed Structure Agreement. If a representative of your organization will please sign and return the agreement to us, Aggregate Industries — WCR, Inc. will in -turn sign the agreement and we will return a copy of the completed agreement to y f our rror , P as all me at (970) 227-2803 with any questions or to schedule a meeting f ent r Signed: Blue Earth Solutions, LLC • P.O. Box 2427 • Fort Collins, CO 80522 • (970)227-2803 blue earth SOLUTIONS letter of Transmittal DATE: July 27, 2021 TO: Peterson Energy Operating Inc. 497 Denver Avenue Loveland, Colorado 80537-5129 FROM: Bill Schenderlein Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 (970) 227-2803 WE TRANSMIT: Attached nInformation Below THE FOLLOWING: ■ Originals n Copy of Letter n Applications n Specifications FOR YOUR: n Use nApproval n Information ■ Review & Comment Remarks: First, we apologize for needing to send another certified mailing letter and any inconvenience it may cause you. Aggregate Industries — WCR, Inc. is in the process of obtaining a Colorado Division of Reclamation, Mining and Safety (DRMS) permit for the mining of aggregate materials in Weld County (see Vicinity Map). The mining will include excavation to maximum depths of about 30 feet below the ground surface and reclamation will involve installation of a slurry wall, grading to create stable slopes, and creation of a below -grade reservoir. As part of the permitting, DRMS requires Aggregate Industries to offer an agreement to owners of man-made structures within 200 feet of the proposed mining activities. Aggregate Industries has identified permanent man-made structures owned by Peterson Energy within or adjacent to the project (see Pre-Mining/Mining Plan Map). To protect your interests in the structures, Aggregate Industries is offering an agreement that provides Peterson Energy compensation for structure damage. An initial/example agreement is attached. If Peterson Energy is already in discussions with Aggregate Industries — WCR, Inc. regarding agreements to remove or protect structures at this location, you may disregard this letter. Mine planning has established appropriate setbacks from mining excavations to adjacent structures, including those owned by Peterson Energy, and Aggregate Industries does not anticipate any structure damages. However, to ensure your interests are protected, we request that you please consider the enclosed Structure Agreement. If a representative of your organization will please sign and return the agreement to us, Aggregate Industries — WCR, Inc. will in -turn sign the agreement and we will return a copy of the completed agreement to you for your records. Please call me at (970) 227-2803 with any questions or to schedule a meeting for agree,}r nt re Signed: Blue Earth Solutions, LLC ♦ P.O. Box 2427 ♦ Fort Collins, CO 80522 ♦ (970) 227-2803 (blue earth SOLUTIONS Letter of Transmittal DATE: July 27, 2021 TO: Toby Struck 527 County Road 23 '/z Brighton, Colorado 80603-9233 FROM: Bill Schenderlein Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 (970) 227-2803 WE TRANSMIT: III Attached nInformation Below THE FOLLOWING: ■ Originals n Copy of Letter n Applications n Specifications FOR YOUR: n Use n Approval n Information ■ Review & Comment Remarks: First, we apologize for needing to send another certified mailing letter and any inconvenience it may cause you. Aggregate Industries - WCR, Inc. is in the process of obtaining a Colorado Division of Reclamation, Mining and Safety (DRMS) permit for the mining of aggregate materials in Weld County (see Vicinity Map). The mining will include excavation to maximum depths of about 30 feet below the ground surface and reclamation will involve installation of a slurry wall, grading to create stable slopes, and creation of a below -grade reservoir. As part of the permitting, DRMS requires Aggregate Industries to offer an agreement to owners of man-made structures within 200 feet of the proposed mining activities. Aggregate Industries has identified permanent man-made structures owned by you within or adjacent to the project (see Pre-Mining/Mining Plan Map). To protect your interests in the structures, Aggregate Industries is offering an agreement that provides you compensation for structure damage. An initial/example agreement is attached. Mine planning has established appropriate setbacks from mining excavations to adjacent structures, including those owned by you, and Aggregate Industries does not anticipate any structure damages. However, to ensure your interests are protected, we request that you please consider the enclosed Structure Agreement. If you or your representative could please sign and return the agreement to us, Aggregate Industries - WCR, Inc. will in -turn sign the agreement and we will return a copy of the completed agreement to you for your records. Please call me at (970) 227-2803 with any questions or to schedule a meeting for agreement revisions. Signed: Blue Earth Solutions, LLC • P.O. Box 2427 • Fort Collins, CO 80522 • (970) 227-2803 blue earth SOLUTIONS Letter of Transmittal DATE: July 27, 2021 TO: Weld County Public Works PO Box 758 Greeley, Colorado 80632 FROM: Bill Schenderlein Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 (970) 227-2803 WE TRANSMIT: ▪ Attached ▪ Information Below THE FOLLOWING: ■ Originals n Copy of Letter n Applications n Specifications FOR YOUR: nUse nApproval n Information ■ Review & Comment Remarks: First, we apologize for needing to send another certified mailing letter and any inconvenience it may cause you. Aggregate Industries — WCR, Inc. is in the process of obtaining a Colorado Division of Reclamation, Mining and Safety (DRMS) permit for the mining of aggregate materials in Weld County (see Vicinity Map). The mining will include excavation to maximum depths of about 30 feet below the ground surface and reclamation will involve installation of a slurry wall, grading to create stable slopes, and creation of a below -grade reservoir. As part of the permitting, DRMS requires Aggregate Industries to offer an agreement to owners of man-made structures within 200 feet of the proposed mining activities. Aggregate Industries has identified permanent man-made structures owned by Weld County within or adjacent to the project (see Pre-Mining/Mining Plan Map). To protect your interests in the structures, Aggregate Industries is offering an agreement that provides Weld County compensation for structure damage. An initial/example agreement is attached. If Weld County is already in discussions with Aggregate Industries — WCR, Inc. regarding agreements to remove or protect structures at this location, you may disregard this letter. Mine planning has established appropriate setbacks from mining excavations to adjacent structures, including those owned by Weld County, and Aggregate Industries does not anticipate any structure damages. However, to ensure your interests are protected, we request that you please consider the enclosed Structure Agreement. If a representative of your organization will please sign and return the agreement to us, Aggregate Industries — WCR, Inc. will in -turn sign the agreement and we will return a copy of the completed agreement to you for your records. Please call me at (970) 227-2803 with any questions or to schedule meeting for agree t rev Si ned: /p Blue Earth Solutions, LLC • P.O. Box 2427 • Fort Collins, CO 80522 • (970) 227-2803 blue earth SOLUTIONS Letter of Transmittal DATE: July 27, 2021 TO: Xcel Energy Attn: Tyler Swanson 1800 Larimer Street, Suite 400 Denver, Colorado 80202 FROM: Bill Schenderlein Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 (970) 227-2803 WE TRANSMIT: • Attached Information Below THE FOLLOWING: ■ Originals n Copy of Letter n Applications n Specifications FOR YOUR: n Use n Approval n Information ■ Review & Comment Remarks: First, we apologize for needing to send another certified mailing letter and any inconvenience it may cause you. Aggregate Industries — WCR, Inc. is in the process of obtaining a Colorado Division of Reclamation, Mining and Safety (DRMS) permit for the mining of aggregate materials in Weld County (see Vicinity Map). The mining will include excavation to maximum depths of about 30 feet below the ground surface and reclamation will involve installation of a slurry wall, grading to create stable slopes, and creation of a below -grade reservoir. As part of the permitting, DRMS requires Aggregate Industries to offer an agreement to owners of man-made structures within 200 feet of the proposed mining activities. Aggregate Industries has identified permanent man-made structures owned by Xcel Energy within or adjacent to the project (see Pre-Mining/Mining Plan Map). To protect your interests in the structures, Aggregate Industries is offering an agreement that provides Xcel Energy compensation for structure damage. An initial/example agreement is attached. If Xcel Energy is already in discussions with Aggregate Industries — WCR, Inc. regarding agreements to remove or protect structures at this location, you may disregard this letter. Mine planning has established appropriate setbacks from mining excavations to adjacent structures, including those owned by Xcel Energy, and Aggregate Industries does not anticipate any structure damages. However, to ensure your interests are protected, we request that you please consider the enclosed Structure Agreement. If a representative of your organization will please sign and return the agreement to us, Aggregate Industries — WCR, Inc. will in -turn sign the agreement and we will return a copy of the completed agreement to y f our rall me at (970) 227-2803 with any questions or to schedule a meeting f ent r Signed: Blue Earth Solutions, LLC • P.O. Box 2427 • Fort Collins, CO 80522 • (970) 227-2803 6lue earth SOLUTIONS Letter of Transmittal DATE: July 27, 2021 TO: Xcel Energy 18201 W 10th Avenue Golden, Colorado 80401 FROM: Bill Schenderlein Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 (970) 227-2803 WE TRANSMIT: • Attached Information Below THE FOLLOWING: ■ Originals ❑ Copy of Letter n Applications n Specifications FOR YOUR: n Use n Approval n Information ■ Review & Comment Remarks: First, we apologize for needing to send another certified mailing letter and any inconvenience it may cause you. Aggregate Industries — WCR, Inc. is in the process of obtaining a Colorado Division of Reclamation, Mining and Safety (DRMS) permit for the mining of aggregate materials in Weld County (see Vicinity Map). The mining will include excavation to maximum depths of about 30 feet below the ground surface and reclamation will involve installation of a slurry wall, grading to create stable slopes, and creation of a below -grade reservoir. As part of the permitting, DRMS requires Aggregate Industries to offer an agreement to owners of man-made structures within 200 feet of the proposed mining activities. Aggregate Industries has identified permanent man-made structures owned by Xcel Energy within or adjacent to the project (see Pre-Mining/Mining Plan Map). To protect your interests in the structures, Aggregate Industries is offering an agreement that provides Xcel Energy compensation for structure damage. An initial/example agreement is attached. If Xcel Energy is already in discussions with Aggregate Industries — WCR, Inc. regarding agreements to remove or protect structures at this location, you may disregard this letter. Mine planning has established appropriate setbacks from mining excavations to adjacent structures, including those owned by Xcel Energy, and Aggregate Industries does not anticipate any structure damages. However, to ensure your interests are protected, we request that you please consider the enclosed Structure Agreement. If a representative of your organization will please sign and return the agreement to us, Aggregate Industries — WCR, Inc. will in -turn sign the agreement and we will return a copy of the completed agreement to you for your records. Please call me at (970) 227-2803 with any questions or to schedule a meeting for agreerent rev Signed: Blue Earth Solutions, LLC • P.O. Box 2427 • Fort Collins, CO 80522 • (970) 227-2803 6Iue earth SOLUTIONS March 26, 2021 Weld County Public Works Attn: Mike McRoberts P.O. Box 758 Greeley, Colorado 80632 Parcel Number: County Roads and Right -of -Ways Dear Landowner/Easement Holder: In conformance with the rules and regulations established by the Mined Land Reclamation Board, the attached notice is being sent to you in order to inform you of the Aggregate Industries, WCR — Inc. application for the Baurer Pit. The proposed project would create a developed water resource (below -grade lined reservoir) at or near Section 36, Township 1 North, Range 67 West of the 6th Prime Meridian, Weld County, Colorado. The general location of this project is approximately 1 mile northwest of the town of Brighton, Colorado, near the intersection of WCR 23% and 233/4. Should you wish to obtain additional information regarding the project, you may contact any of the individuals indicated in the notice or Bill Schenderlein at (970) 227-2803. Written responses must be forwarded to the Division of Reclamation, Mining, and Safety; 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567, by 4:00 p.m. on May 4, 2021. Sincerely, Blue Earth Solutions, LLC kill/d2f William Schenderlein Project Manager Enclosure Blue Earth Solutions, LLC ♦ P.O. Box 2427 ♦ Fort Collins, CO 80522 ♦ (970) 227-2803 Pvb 1; c Rev. euJ 04/14 /21 G G '. P1-erP), PWiJK/ERI CH /c0 °`+/08/21 ao2o - 3Li 59 CERTIFIED MAIL " BLUE EARTH SOLUTIONS, LLC PO BOX 2427 FORT COLLINS, CO 80522 i i i i i I I i 7018 1130 D001 3916 3879 Weld County Public Works Attn: Mike McRoberts P.O. Box 758 Greeley, Colorado 80632 ��g PUBLIC NOTICE Aggregate Industries — WCR, Inc., 1687 Cole Boulevard #300, Golden, Colorado 80401, (303) 985-1070, has filed an application for a Regular (112) Construction Materials Operation Reclamation Permit with the Colorado Mined Land Reclamation Board under provisions of the Colorado Land Reclamation Act for the extraction of construction materials. The proposed operation is known as the Baurer Pit and is located in or near Section 36, Township 1 North, Range 67 West of the 6th Prime Meridian, Weld County, Colorado. The general location of this operation is approximately one mile northwest of the City of Brighton, Colorado, near the intersection of WCR 23% and WCR 233/4 . The proposed date of commencement for operations included in the permit area is 2021 and the proposed date of completion is 2022. The proposed future use of the land is developed water resources. Additional information and tentative decision date may be obtained from the Division of Reclamation, Mining and Safety; 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567, or the Weld County Clerk to the Board's office, 1150 O Street, Greeley, Colorado, 80631, (970) 400-4225 or the above -named applicant. Comments must be in writing and must be received by the Division of Reclamation, Mining, and Safety by 4:00 p.m. on May 4, 2021. Please note that under the provisions of C,R.S. 34-32.5-101 et seq. Comments related to noise, truck traffic, hours of operation, visual impacts, effects on property values and other social or economic concerns are issues not subject to this Office's jurisdiction. These subjects, and .similar ones, are typically addressed by your local governments, rather than the Division of Reclamation, Mining, and Safety or the Mined Land Reclamation Board. COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources 1313 Sherman St. Room 215 Denver, CO 80203 RECEIVED FEB 2 6 2021 WELD COUNTY COMMISSIONERS NOTICE Consideration of 112c Construction Materials Reclamation Permit Application DATE: February 23, 2021 TO: Weld County Commissioners 915 10th St Greeley, CO 80631 RE: Baurer Pit, File No. M-2020-058 Please be advised that on February 23, 2021, Aggregate Industries - WCR, Inc., whose address and telephone number are 1687 Cole Boulevard Ste 300, Golden, CO 80401; (303) 982-1070, filed an application to conduct a(n) Surface mining and reclamation operation, at or near Section 36, Township 1N, Range 67W, 06th Principle Meridian, in Weld County. Please be advised that the permit area may be located in more than one Section, Township, and Range. Affected lands will be reclaimed to support a(n) Developed water resources post -mining land use. The application decision date is scheduled for May 24, 2021. A copy of the application is available for review at the Weld County Clerk & Recorder's office and at the office of the Division of Reclamation, Mining and Safety. The application, as well as all other permit documents, can also be viewed at https://dnrweblink.state.co.us/drms/search.aspx by searching M2020058 in the "Permit No" field. A user guide is available to help first time users of the imaged document system and can be viewed at https://drive.google.com/file/d/118OUdf Mpjo3kxIHkP5hMH-w7MeStxX7/view. To be considered in the review process, comments or objections on the application must be submitted in writing within twenty (20) days of the date of the last newspaper public notice. You should contact the applicant for the newspaper publication date. The Office will assume you have no comment or objection to the proposed activity if none are received by the end of the public comment period. If you need additional information or have any questions regarding the above -named application, please contact Daniel J. Cunningham at the Division of Reclamation, Mining and Safety, 1313 Sherman Street, Room 215, Denver, CO 80203, by telephone at 303-866-3567 x 8126, or by email at Daniel.cunningham@state.co:us. M -AP -05A Pk) 61. G Rev e �J cc '.12t-(TP), pw(aK/ER/cNkK) 3/3/21 2/26 /21 1313 Sherman St. Room 215 Denver, CO 80203 P (303) 866-3567 F (303) 832-8106 https://colorado.gov/drms Jared Polis, Governor I Dan Gibbs, Executive Director Virginia Brannon, Director 2oao- 59 Letter of Transmittal DATE: February 16, 2021 TO: Weld County Clerk to the Board 1150 O Street Greeley, Colorado 80632 FROM: Bill Schenderlein Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 (970) 227-2803 Eplue earth SOLUTIONS RECEIVED FEB 16 2021 WELD COUNTY COMMISSIONERS WE TRANSMIT: Attached nInformation Below Remarks: THE FOLLOWING: n Originals ■ Copy of Letter n Applications n Specifications n Other FOR YOUR: ■ Use ▪ Approval n Information nReview & Comment Submission of this material satisfies requirements of the Mine Land Reclamation Board Regular 112 Operation Reclamation Permit Application. The enclosed application material must remain for public review at least sixty (60) days after a decision on said application has been made the Office of Mined Land Reclamation (Rule 1.6.2 (2)). Confidential materials were purposely excluded. • One (1) copy of Response to DRMS Incompleteness Notice dated December 11, 2020 for the Aggregate Industries — WCR, Inc. Construction Materials Regular 112 Operation Reclamation Permit Application, Baurer Pit M-2020-058. Signed: V/1/, Blue Earth Solutions, LLC ♦ P.O. Box 2427 ♦ Fort Collins, CO 80522 ♦ (970) 227-2803 Pc.)bi;C Rev:e(") CC:PL(TO,pW(5M/ER/CH/CK) 2020 -3459 02/2-2/2.i 02/17/2.I Elue earth SOLUTIONS February 15, 2021 Colorado Department of Natural Resources Division of Reclamation, Mining and Safety Attn: Mr. Dan Cunningham 1313 Sherman Street; Room 215 Denver Colorado, 80203 RE: Aggregate Industries — WCR, Inc. Baurer Pit, Permit No. M-2020-058 Application Incompleteness Response Dear Mr. Cunningham: The following discussion and attachments are submitted on behalf of our client, Aggregate Industries — WCR, Inc., in response to the Application Incompleteness Notice comments prepared by the Division of Reclamation, Mining and Safety dated December 11, 2020 for the Baurer Pit 112 Construction Materials Reclamation Permit application. The information and discussion below address each comment as it was presented by the Division: APPLICATION FORM 1. Item number 6 on the application form has not been changed and still states, "refer to Exhibit O". Exhibit O has been revised to include Carl Eiberger as an owner of substance to be mined. A revised Exhibit O is attached. EXHIBIT N — Source of Legal Right to Enter (Rule 6.4.14): 2. The properties to be mined are owned by Aggregate Industries — WCR, Inc. (Applicant) and the City of Westminster. Attachments acknowledging ownership and legal right to enter include: Special Warranty Deed (Aggregate Industries — WCR, Inc. grantee) Special Warranty Deed (City of Westminster grantee) Aggregate Industries — WCR, Inc. legal right to enter document City of Westminster legal right to enter document (docusign) EXHIBIT O — Owner(s) of Record of Affected Land (Surface Area) and Owner(s) of Substance to be Mined (Rule 6.4.15): 3. Exhibit O has been revised to include Carl Eiberger as an owner of substance to be mined. A revised Exhibit O is attached. Blue Earth Solutions, LLC • P.O. Box 2427 • Fort Collins, CO 80522 • (970) 227-2803 Baurer Pit — Incompleteness Response February 15, 2021 If you have any questions or need additional information regarding the project, you may contact me at (970) 227-2803. Sincerely, Blue Earth Solutions, LLC William Schenderlein, P.E. Project Manager Cc: Jeremy Deuto Aggregate Industries — WCR, Inc. Page 2 of 2 a° DNR COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources 1313 Sherman Street, Room 215 Denver, CO 80203 December 11, 2020 Bill Schenderlein PO Box 2427 Ft. Collins, Co 80522 Re: Baurer Pit, M-2020-058, Incompleteness notice for 112 Construction Materials Reclamation Application Dear Bill Schenderlein: On November 30, 2020, the Division of Reclamation, Mining and Safety received your 112 Construction Materials Reclamation Permit Application package for the Baurer Pit, File M-2020-058. Preliminary review of the information received determined that the following items must be received before the Division can consider your application as being submitted and technical review can begin: APPLICATION FORM: 1. Item number 6 of the application page states "refer to Exhibit O", Evidence has been submitted to the Division that shows there may be another subsurface owner. The evidence provided has been attached to this letter. Please list all of the owners of subsurface rights in item number 6. EXHIBIT N - Source of Legal Right to Enter (Rule 6.4.14): 2. The legal right to enter documents provided do not have a notary seal and also appear to be printed directly from the Weld County Property Portal. These do not comply with Rule 6.4.14. You must provide the source of your legal right to enter and initiate a mining operation on the affected land. EXHIBIT O - Owner(s) of Record of Affected Land (Surface Area) and Owners of Substance to be Mined (Rule 6.4.15): 3. Evidence has been provided to the Division that shows there is a subsurface owner that is not listed in Exhibit O. Please submit a complete list of all owners or provide evidence that those listed in Exhibit O are the subsurface owners. 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us Jared Polls, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director i Baurer Pit December 11, 2020 Page 2 of 2 Your application will not be considered submitted until the information listed above is received and found sufficient to begin our review. A decision date will be established 90 days from the date of receipt of all of the requested information. Additionally, if you have already published notice you will need to republish notice, after the Division considers the application submitted. This notice must be published once a week for four (4) consecutive weeks, starting within ten (10) days of the date your application is considered submitted. We will notify you when you should initiate republication of your notice. The final date for receiving comments is the 20th day after the fourth publication or the next regular business day. You have sixty (60) days from the above date to submit all necessary documents that the Office needs for an application to be considered filed. If, at the end of the sixty day period, the application has not been determined to be filed with the Office, the Office shall deny the application and terminate the application file. This letter shall not be construed to mean that there are no other technical deficiencies in your application. The Division will review your application to determine whether it is adequate to meet the requirements of the Act after submittal of all required items. Sincerely, Daniel Cunningham Environmental Protection Specialist Enclosed: Stipulation and Cross Conveyance, and Joint Ownership and Easement Agreement CC: Jared Ebert, DRMS Aggregate Industries 1687 Cole Boulevard, Suite 300 Golden, Colorado 80401 EXHIBIT O Owner(s) of Record of Affected Land (Surface Area) and Owner(s) of Substance to be Mined Also see Exhibit C -1, Existing Conditions Map. - Aggregate Industries — WCR, Inc. - City of Westminster Carl Eiberger Baurer Pit DBMS 112 Permit Application Page 34 BAURER PIT SOURCE OF LEGAL RIGHT TO ENTER The undersigned, as owner(s) of property as set forth in the legal description and/or vicinity map attached hereto and made a part hereof by reference, hereby agrees to the inclusion of said property in the Baurer Pit Regular (112) Operation reclamation permit application of Aggregate Industries - WCR, Inc. for the purposes of mining construction materials and reclaiming said property in accordance with the requirements of the permit. • Weld County Parcel No. 146936100035 • See Baurer Pit Location Map Aggregate Industries — WCR, Inc. (Land Owner) State of Colorado County of ) ss. Date: 12/16/2020 The foregoing instrument was acknowledged before me this I la day of I)C 004y12020, by W. Chance Allen, as Regional General Manager, of Aggregate Industries — WCR, Inc. Witness my hand and official seal. (SEAL) My Commission Expires: a J 3 I a+ SARAN OREGA NOTARY PUBUC STATE OF COIORA O NOTARY IO 20174007757 4Y COMMISSION EXPIRES FEBRUARY 21, 2021 Notary Publit DocuSign Envelope ID: 4B042206-253D-4135-B4E6-82A6AA280D81 GRANT OF LICENSE Aggregate Industries-WCR, Inc. THIS GRANT OF LICENSE ("Grant") is given this 1st day of December , 2020 ("Effective Date"), by the CITY OF WESTMINSTER, a Colorado home rule municipality ("City"), whose address is 4800 West 92nd Avenue, Westminster, CO 80031 to AGGREGATE INDUSTRIES-WCR, INC. ("Licensee"), whose address is 1687 Cole Blvd., Suite 300, Golden, CO 80401. The parties hereby covenant and agree as follows: 1. License Property. The "License Property" shall mean the real property owned by City, more particularly described on Exhibit A, attached hereto and incorporated herein and shown on Exhibit B, attached hereto and incorporated herein. 2. Grant of License. City hereby grants to Licensee a license ("License") on, over, under, through and across the License Property for the purpose of: • Establishing survey control and placing targets for aerial photography and mapping; • Drilling or excavating geotechnical exploration holes to log existing soils and geology and to obtain soil samples for laboratory testing; • Performing utility locate activities; • Making field observations and take photographs for environmental evaluation; • Mining aggregate materials from the License Property and reclamation of mined areas consistent with the proposed and revised reclamation plans described in the Colorado Division of Reclamation, Mining and Safety (DRMS) Baurer Pit Regular 112 Reclamation Permit Application and shown on Exhibit C, attached hereto and incorporated herein; and • Installing, operating and maintaining a conveyor system to transport across the License Property mined material, including, sand and gravel from locations other than the License Property. The License Property shall be used for no other purpose by Licensee. 3. Term. The term of this Grant shall begin on the Effective Date and end on June 30, 2022. If after notice to Licensee by City of any alleged breach of this Agreement and an opportunity to cure such alleged breach, Licensee remains in breach of this agreement, City may terminate this License upon ninety (90) days prior written notice. 4. Liability. City assumes no liability associated with Licensee's use of the License Property. Licensee shall defend, indemnify and hold harmless City, its council, officials, officers, directors, agents and employees from any and all claims, demands, suits, actions or proceedings of any kind or nature whatsoever, including workers' compensation claims, in any way resulting from or arising from this Grant or the Licensee's DRMS permit. 5. Insurance. Licensee shall procure and continuously maintain at its own expense the minimum insurance coverages listed below, with forms and insurers acceptable to City. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. • Commercial General Liability Insurance with combined single limit of not less than $1,000,000 per occurrence and $2,000,000 in aggregate. This policy must include Contractor Liability; Products and DocuSign Envelope ID: 46042206-253D-4135-64E6-82A6AA280D81 Page 2 of 4 Completed Operations; and Broad Form Property Damage including, but not limited to, coverage for any damage to any City personal or real property. • Owned, hired and non -owned automobile liability coverage with $600,000 limit. • Statutory workers' compensation on all employees. The required insurance policies shall be endorsed to include City as additional insured as its interests may appear under this Grant. Every policy required above shall be primary insurance, and any insurance carried by City shall be excess and not contributory insurance to that provided by Licensee. Each party to this Grant agrees to waive subrogation on respective property insurance outlined herein. The certificate of insurance provided to City shall be completed by Licensee's insurance agent as evidence that policies providing the required coverages, conditions and minimum limits are in full force and effect. The certificate shall identify this License and shall provide the coverages afforded under the policies shall not be cancelled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. Certificates of insurance shall be marked to identify this License and shall be sent to: City of Westminster Attn: Tonya Bucher 6575 West 88"' Avenue Westminster, CO 80031 The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this Grant, the monetary limitation or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S., as from time to time amended, or otherwise available to its and its elected officials, officers or employees. 6. Notices. Any notices required or permitted to be sent pursuant to this Grant shall be in writing and shall be deemed served, given, delivered and received upon the earlier of: (a) when personally received by the party to whom it is addressed; or (b) one business day after being deposited with a commercial overnight courier for overnight delivery with all required charges prepaid; or (c) when confirmed if sent by email; and addressed to City or Licensee at the appropriate address or email address as set forth below. Any party hereto may change its address or email address for the purpose of this section by giving written notice of such change to the other party in the manner provided for in this section. CITY: Megan Orloff 6575 West 88th Avenue Westminster, CO 80030 LICENSEE: Aggregate Industries — WCR, Inc Attn: Land Manager 1687 Cole Blvd, Suite 300 Golden, CO 80401 7. Assignment. This Grant shall not be assigned without the prior written approval of City, which shall not be unreasonably withheld. DocuSign Envelope ID: 4B042206-253D-4135-B4E6-82A6AA280D81 Page 3 of 4 8. Restoration. Licensee shall restore the License Property as nearly as reasonably possible to the proposed and revised reclamation plans described in the Colorado Division of Reclamation, Mining and Safety Baurer Pit Regular 112 Reclamation Permit Application and shown on Exhibit C, attached hereto and incorporated herein. 9. Applicable Laws. Licensee shall comply with all applicable local, state and federal laws during its use of the License Property. DocuSign Envelope ID: 4B042206-253D-4135-B4E6-82A6AA280D81 Page 4 of 4 IN WITNESS WHEREOF, the parties hereto have executed this Grant the day and year first above written. CITY: e--DocuSigned by: BY: Null, M.. lirirr Dcinu UFRIDlril7QpF... City Manager YY Approved as to legal form: i—DocuSigned by: L�7l�li Our Kris ili15Mr5s... City Attorney's Office LICENSEE: p--DocuSigned by: By: Its: Attest: By: Its: lU. (JuwAa. dUm, W.eftaff6PW APP' Regional General Manager e—DocuSigned by: Ilkotrnaw Oioaki evfL Mat i�deir iUdW8fth Assistant Secretary DocuSign Envelope ID: 46042206-253D-4135-64E6-82A6AA280D81 EXHIBIT A License Property Weld County Assessor Parcel No. 146936100002 and a portion of Weld County Assessor Parcel No. 146925000018 Also known as: the NW 'A of the NE '/4 Section 36, Township 1 North, Range 67 West of the Sixth P.M., Weld County, State of Colorado DocuSign Envelope ID: 4B042206-253D-4135-B4E6-82A6AA280D81 EXHIBIT B License Property Figure See attached Baurer Pit Location Map O O n C C) a M D < rn O 0 �8Q08Z`db'9`dZ8-9St78-58 07-Q85Z-90ZZt708t :a DocuSign Envelope ID: 4B042206-253D-4135-84E6-82A6AA280D81 EXHIBIT C License Property Proposed Reclamation Figure See attached Exhibit F, Baurer Pit Reclamation Plan Map DocuSign Envelope ID. 4B042206-253D-4135-B4E6-82A6AA280D81 Exhibit C LEON.. f anz rzg.o <..w_o �s 340,81. VIM= Inair1,.4‘m=ntag. IICIMINOG:D'5Een ItATV wesrmxn2MnrcR4sa tLVLGRAMn L i[Maucaririivazis CAS,. HEAPP mciION i�sE visa ne exuAuc: sr,TNEnrEucnnw+ �rr.0 R17, mE'WL""oc cae .sfavr w--. xry � PP w,u. f, ove ��se��"i..�"Ar wurr n+m me s7E ova veaw°AsZ'o TYPICAL REGtAh(A,T10NSECTION:AT PERW eOONDARY uT{ BAURER PIT W cc ,Q N � z 8 Z_3 ce Q REGULAR 112 PERMIT APPLICATIO Z LL d H z m O 2 g O w Orttql Jy+No- PPv;Y p 4,3 Craws; U4onpi tl ,,p 0 5,4a=ke4 C4' a `hcix`cEFlN Jcap' SIWI Do . f ` it. Certificate Of Completion Envelope Id: 48042206253D4135B4E682A6AA280D81 Subject: Please DocuSign License Agreement between Al and Westy DocusignDocumentType: Contract CobbleStoneNumber: GLR-PWU-20-500 DateOfContract: 12/1/2020 Source Envelope: Document Pages: 9 Signatures: 4 Certificate Pages: 6 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) Record Tracking Status: Original 12/7/2020 8:24:27 AM Signer Events Jodie Ball jball@CityofWestminster.us Legal Assistant City of Westminster Signing Group: CAO Staff Review Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign W. Chance Allen chance.allen@lafargeholcim.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 12/14/2020 10:42:18 AM ID: 8fb4907c-bcd 1-41 cc-9804-3b087abf7340 Matthew Woodworth matthew.woodworth@lafargeholcim.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 1/21/2021 8:50:10 AM ID: 337e48b4-07eb-45b6-9c9a-8eb7d0077084 Kristin Decker kdecker@cityofwestminster.us Deputy City Attomey Security Level: Email, Account Authentication (None) Status: Completed Envelope Originator: City of Westminster 4800 West 92nd Avenue Westminster, CO 80031 westminsterdocusign@cityofwestminster.us IP Address: 198.243.1.248 Holder: City of Westminster Location: DocuSign westminsterdocusign@cityofwestminster.us Signature Completed Using IP Address: 198.243.1.248 CDo��Bianea by �. lam- K & DA275383FEC44D7... Signature Adoption: Pre -selected Style Using IP Address: 208.87.237.201 CBA02BCOE323A40A... DomSigned by: Signature Adoption: Pre -selected Style Using IP Address: 208.87.237.201 EDocuSlpned by J 1S1!lln Vt.(k , 50AE03EDA5E745B... Signature Adoption: Pre -selected Style Using IP Address: 198.243.1.248 Timestamp Sent: 12/7/2020 8:24:27 AM Viewed: 12/7/2020 4:03:35 PM Signed: 12/7/2020 4:10:10 PM Sent: 12/7/2020 4:10:11 PM Resent: 12/8/2020 7:55:04 AM Resent: 12/8/2020 11:14:19 AM Viewed: 12/14/2020 10:42:18 AM Signed: 12/14/2020 10:42:31 AM Sent: 12/14/2020 10:42:33 AM Resent: 12/29/2020 7:48:18 AM Resent: 1/6/2021 1:50:14 PM Resent: 1/7/2021 10:33:46 AM Resent: 1/12/2021 7:55:19 AM Viewed: 1/21/2021 8:50:10 AM Signed: 1/27/2021 9:53:04 AM Sent: 1/27/2021 9:53:07 AM Viewed: 1/27/2021 11:59:23 AM Signed: 1/27/2021 12:10:28 PM Signer Events Electronic Record and Signature Disclosure: Accepted: 1/27/2021 11:59:23 AM ID: d78c7b3b-672b-4b45-bf9f-ab8f99fad0f2 Sarah Borgers sborgers@cityofwestminster.us Water Resources & Quality Mgr City of Westminster Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Max E. Kirschbaum mkirschb@cityofwestminster.us Public Works & LAI Director City of Westminster Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 3/22/2016 3:51:19 PM ID:b5222fa6-8d5a-49a2-9f69-d0502b16699c Barbara Opie bopie@cityofwestminster.us Deputy City Manager, On Behalf of City Manager Don Tripp City of Westminster Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Donald M. Tripp dtripp@cityofwestrninster.us City Manager City of Westminster Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 2/29/2016 8:54:21 AM ID: 53adecf9-5f85-483c-b72d-52caa81439ac Signature Timestamp Completed Using IP Address: 198.243.1.248 Completed Using IP Address: 198.243.1.248 Completed Using IP Address: 198.243.1.248 cV oa°s�ey: alnaa M. tVirr 30FE81DC48E24DF... Signature Adoption: Pre -selected Style Using IP Address: 73.14.128.251 In Person Signer Events Signature Editor Delivery Events Status Agent Delivery Events Status Intermediary Delivery Events Status Certified Delivery Events Status Carbon Copy Events Status Sent: 1/27/2021 12:10:29 PM Viewed: 2/2/2021 8:06:08 AM Signed: 2/4/2021 9:31:34 AM Sent: 2/4/2021 9:31:36 AM Viewed: 2/4/2021 11:02:26 AM Signed: 2/4/2021 11:07:17 AM Sent: 2/4/2021 11:07:20 AM Viewed: 2/8/2021 9:34:21 PM Signed: 2/8/2021 9:38:49 PM Sent: 2/8/2021 9:38:52 PM Viewed: 2/9/2021 5:17:42 PM Signed: 2/9/2021 5:17:46 PM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp . Carbon Copy Events Tonya Bucher tbucher@cityofwestminster.us Administrative Assistant City of Westminster Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Alyssa Nilemo anilemo@cityofwestminster.us Executive Aide City of Westminster Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Kodi Erb kerb@cityofwestminster.us Assistant To The City Manager City of Westminster Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Megan Orloff morloff@cityofwestminster.us Senior Engineer City of Westminster Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign William Schenderlein bill@blueearthsolutions.net President Blue Earth Solutions, LLC Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Notary Events Envelope Summary Events Envelope Sent Certified Delivered Signing Complete Completed Payment Events Status COPIED COPIED COPIED COPIED COPIED Signature Signature Status Hashed/Encrypted Security Checked Security Checked Security Checked Status Electronic, Record and Signature Disclosure Timestamp Sent: 12/7/2020 8:24:27 AM Viewed: 12/7/2020 8:24:27 AM Signed: 12/7/2020 8:24:27 AM Sent: 2/4/2021 11:07:19 AM Sent: 2/8/2021 9:38:51 PM Sent: 2/9/2021 5:17:47 PM Viewed: 2/9/2021 6:09:05 PM Sent: 2/9/2021 5:17:48 PM Viewed: 2/10/2021 9:56:57 AM Timestamp Timestamp' Timestamps 12/7/2020 8:24:28 AM 2/9/2021 5:17:42 PM 2/9/2021 5:17:46 PM 2/9/2021 5:17:48 PM Timestamps Electronic Record and Signature Disclosure created on: 2/18/2016 5:49:03 PM Parties agreed to W. Chance Allen, Matthew Woodworth, Kristin Decker, Max E. Kirschbaum, Donald M. Tripp ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Westminster (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. 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Baurer of the *County of Weld and State of Colorado, grantor(s), and Aggregate Industries — WCR, Inc., a Colorado corporation whose legal address is 1687 Cole Blvd 0300, Golden, Co 80401 of the County of Jefferson and State of Colorado, grantee(s): Doc Fee S160.000 WITNESSETH, That the grantor(s), for and in consideration of the sum of and 00/100 DOLLARS, the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the grantee(s), its heirs and assigns forever, all the real propeny, together with improvements, if any, situate, lying and being in the [ I County of Weld, State of Colorado, described as follows: See Attached Exhibit A also known as street and number as: 11650 County Road 2 3/,, Brighton, Co 80603 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditantents and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee(s), its heirs, and assigns forever. The grantor(s), for themselves, their heirs, and personal representatives or successors, do covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee(s), their heirs and assigns, against all and every person or persons claiming the whole or any pan thereof, by, through or under the grantor(s). • grantor(s) have executed this deed on the date set forth above. Peter L. Baurer xzea O4.4) Cynthia S. Baurer STATE OF COLORADO, County of Adams i SS. The foregoing instrument was acknowledged before this 23rd day of April. 2018 by Peter L. Baurer and Cynthia S. Baurer. fticial seal. 'Win Dom.. insert"City awf'i LISA ANDERS NOTARY PUBLIC STATE OF COLORADO {{ NOTARY ID 19984027595 I MY COMMISSION EXPIRES 1O`05;2018 , Na 16. Rev. 344. SPECIAL WARRANT' DEED 4396920 05/07/2018 02:20 PM Page 2 of 2 ATTACHED EXHIBIT A A TRACT OF LAND CONSISTING OF A PORTION OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF SECTION 31, TOWNSHIP 1 NORTH. RANGE 66 WEST OF THE 6"' P.M., WELD COUNTY. COLORADO, AND A PORTION OF THE NORTHEAST I/4 OF SECTION 36. TOWNSHIP 1 NORTH. RANGE 67 WEST OF THE 6T" P.M., WELD COUNTY. COLORADO. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SECTION 31. TOWNSHIP 1 NORTH. RANGE 66 WEST OF THE 6"' P.M.. WELD COLTIY. COLORADO; THENCE ALONG THE NORTH UNE OF SAID SECTION 31 SOUTH 89°5520" EAST A DISTANCE OF 1390.29 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE SAID SECTION 31; THENCE ALONG THE EAST UNE OF THE NORTHWEST 1/4 OF THE. NORTHWEST 1/4 SOUTH 00°48.35" WEST A DISTANCE OF 950.00. THENCE PARALLEL WITH THE NORTH LAZE OF THE NORTHWEST 1/4 OF SAID SECTION 31 NORTH 89'5S20" WEST A DISTANCE OF 1000.00 FEET; THENCE PARALLEL WITH THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 31 SOUTH 00'13'27' WEST A DISTANCE OF 681.12 FEET; THENCE PARAI 1 Pt WITH THE SOUTH LINE OF THE NORTHEAST 1/4 OF SECTION 36, TOWNSHIP 1 NORTH. RANGE 67 WEST OF THE 6"' P.M., WELD COUNTY. COLORADO. NORTH 89'38'45' WEST A DISTANCE OF 2189.57 FFMT; THENCE NORTH OQ 2ST41" EAST A DISTANCE OF 312.2_3 FEET TO THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 36; THENCE ALONG SAID NORTH LINE SOUTH 89'18'45" EAST A DISTANCE OF 486.0S FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST 1/4 OFTHE NORTHEAST 1/4 OF THE SAID SECTION 36; THENCE ALONG THE WEST LINE OF THE NORTHEAST I/40F THE NORTHEAST I/4 OF SAID SECTION 36. NORTH 00`1431" EAST A DISTANCE OF 1318.09 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 36; THENCE ALONG THE NORTH LINE OFTNE NORTHEAST 1/4 SOUTH 89`.1532" FAST A DISTANCE OF 1319.06 FEET TO THE NORTHWEST CORNER Of AFORESAID SECTION 31. THE POINT OF BEGINNING, CONTAINING 89.017 ACRES. MORE OR LESS, COUNTY OF WELD. STATE COLORADO. 1111 121191141IIIIIIIIRIPillitiling211 of 8 oo0 100.00 Weld County CO II( A SPECIAL WARRANTY DEED This SPECIAL WARRANTY DEED ("Deed"), evidences a conveyance by CAMAS COLORADO, INC., an Indiana Corporation ("Grantor"), whose address is 3605 South Teller Street, Lakewood, Colorado 80235, to CITY OF WESTMINSTER ("Grantee"), whose address is Water and Wastewater Enterprise, c/o Director of Public Works, 4800 West 92"d Avenue, Westminster, Colorado 80030. Grantor, for and in consideration of the sum of Ten Dollars and no/100s ($10.00) (the "Purchase Price"), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto Grantee, its successors and assigns forever, all the real property located in the County of Weld, State of Colorado, which is more particularly described on Exhibit A attached hereto and incorporated herein by this reference, together with all interest of Grantor in all easements and other appurtenances thereto, all improvements thereon and all attached fixtures thereon, and together with any water or water rights appurtenant thereto except those water rights listed in Exhibit B attached hereto and incorporated herein by reference (the "Property"); but excepting all mineral rights including, without limitation, rights to sand, gravel, and heavy metals, which shall be reserved to Grantor and including the previously reserved oil and gas interests which have been leased to an operator, and excepting the leases and reservations described on Exhibit C attached hereto. Grantor's reservation of mineral interests shall include the right to the occupation and use of the Property for the purpose of mining, extraction, and processing of sand and gravel and minerals contained therein, the extraction of any related materials encountered in the course of sand and gravel mining, and the normal and customary activities of Grantor, its employees and agents associated therewith; and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or in equity, of, in and to the Property; SUBJECT TO the matters shown on Exhibit D attached to this Deed and incorporated herein by this reference (the "Permitted Exceptions). TO HAVE AND TO HOLD the Property with the appurtenances unto Grantee, its heirs, successors and assigns forever. And Grantor, for itself, its successors and assigns, does covenant and agree that Grantor shall and will WARRANT AND FOREVER DEFEND the Property in the quiet and peaceable possession of Grantee, its heirs, successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof by, through, or under Grantor, and not otherwise, except for the lien of general taxes and assessments for the current year and all subsequent years, and except for the Permitted Exceptions. Dated: December 2, 1 , 1999 CAMAS Colorado, Inc., an Indiana corporation By: Richard M. Mergens, Vice -'re : ent and General .Manager - Aggregate,'vision 1 111111 IIIII 111111 111111 11111 II 11111111 III IIIII 'III 1111 2740991 12128/1999 04:30P JA Sukl Teekamoto 2 of 18 R 90.00 D 100.00 Weld County CO STATE OF } ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this 4/3/51. -day of December, 1999, by Richard M. Mergens, as Vice -President and Manager of Aggregates Division of CAMAS Colorado, an Indiana corporation. Witness my hand and official seal. My commission expires: 2604173_2.000 //- /5-0760/ Notary Public EXHIBIT A ("Property") I 111111 11111 111111 111111 IIIII II IIIIIIII III 1111111111111 2710991 1Y/Y MMM WWMP JA Sukl Tsukamoto PARCEL 1: 3 of 18 A 90.00 D 100.00 Weld County CO The S1/2 0£ the NE1/4 of Section 25, Township 1 North, Range 67 West of the 6th P.M., lying South and East of the Seep Ditch, County of Weld, State of Colorado being more particularly described as follows: All that part of the S1/2 of the NE1/4 of Section 25, Township 1 North; Range 67 West of the 6th P.M. and that part of the SW1/4 of the NW1/4 of Section 30, Township 1 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado, described as follows, to -wit: Beginning at a point on the East line of the SW1/4NW1/4 of Section 30, 1560 feet South of the North line of said Section 30, said point being marked by an iron pin; thence South 00 degrees 11 minutes East along said East line of said SW1/4NW1/4 of said Section 30, 1128 feet to the Southeast corner thereof; thence North 89 degrees 46 minutes West along the South line of said SW1/4NW1/4 of said Section 30 and along the S1/2NE1/4 of said Section 25, 2884 feet to the Easterly boundary line of the right of way of The Denver, Laramie and Northwestern Railroad; thence North 1 degree 14 minutes West along said boundary line, 50 feet from and parallel to the center line of said railroad, 987.5 feet to the middle of that certain drain ditch beginning at or near the center of the South line of the NW1/4 of Section 25 and extending in a Northeasterly direction to the North line of the NE1/4 of said Section 25 at or near the Northeast corner of said Section; thence following approximately the meanderings of the said Drain Ditch as follows South 86 degrees 58 minutes East 581.0 feet; North 45 degrees 08 minutes East 196 feet; North 4 degrees 29 minutes East 25 feet to the point marked by an iron pin; thence East 2173 feet more or less to the Place of Beginning. ALSO, the NE1/4 of the NW1/4 of Section 36, Township 1 North, Range 67 West of the 6th P.M., less and except that part conveyed to Weldon Higgs and Dorothy Higgs in instrument recorded November 9, 1891 in Book 952 as Reception No. 1874092. PARCEL 2: That part of the SE1/4 of Section 25, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, described as: Beginning at the Southeast corner said Section 25; thence North 89 degrees 26 minutes 13 seconds West on an assumed bearing along the South line of said SE1/4 a distance of 1614.53 feet to an existing fence line and a point on the apparent R.O.W. line of the Denver, Laramie and Page EXHIBIT A (Cont.) ("Property") Northwestern Railway Company; thence along said existing fence and said apparent R.O.W. line as follows: On a curve to the left having a delta of 13 degrees 35 minutes 34 seconds, a radius of 3667 feet, a chord that bears North 06 degrees 00 minutes 00 seconds'East, 867.92 feet and an arc distance of 869.95 feet to the end of said curve and the beginning of a curve to the left, the delta of said curve is 90 degrees 26 minutes 30 seconds, the radius of said curve is 525.57 feet, the chord of said curve bears North 46 degrees 18 minutes 35 seconds West, 746.13 feet; thence along the arc of said curve a distance of 829.62 feet to the end of said curve; thence South 88 degrees 28 minutes 00 seconds West a distance of 222.00 feet; thence North 01 degrees 05 minutes 20 seconds West a distance of 50.00 feet; thence North 88 degrees 28 minutes 00 seconds East a distance of 222.00 feet to the beginning of a curve to the left, the delta of said curve is 89 degrees 33 minutes 20 seconds, the radius of said curve is 533.76 feet, the chord of said curve bears North 43 degrees 41 minutes 20 seconds East, 751.92 feet; thence along the arc of said curve a distance of 834.29 feet to the end of said curve; thence North 01 degrees 05 minutes 20 seconds Vest a distance of 681.13 feec to a point on the North line said SE1/4; thence South 89 degrees 49 minutes 06 seconds East along said North line a distance of 1576.07 feet to the East quarter corner of said Section 25; thence South 00 degrees 23 minutes 38 seconds West along the East line said SE1/4 a distance of 2664.20 feet to point of beginning. PARCEL 3: The W1/2 of the SW1/4 of Section 30, Township 1 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. EXCEPT the East 600 feet thereof. PARCEL 4: That part of the NW1/4 of the NE1/4 of Section 36, Township 1 North, Range 67 west of the 6th P.M., County of Weld, State of Colorado, described as: Beginning at the Northeast corner of said NW1/4 of the NE1/4; thence South 00 degrees 01 minutes 04 seconds East on an assumed bearing along the East line of said NW1/4 of the NE1/4 a distance of 1318.23 feet to the Southeast corner of said NW1/4 of the NE1/4; thence North 89 degrees 51 minutes 15 seconds West along the South line of said NW1/4 of the NE1/4 a distance of 540.62 feet to a point on the Southeasterly right of way line of the Great Western Railroad Company; thence North 13 degrees 44 minutes 57 seconds East along said Southeasterly right of way line a distance of 1356.33 feet to a point on the North line of said NW1/4 of the NE1/4; thence South 89 degrees 50 minutes 20 seconds East along said Page 2 121611INI1911111NITIMIIIIII EXHIBIT A (Cont.) ("Property") North line a distance of 217.85 feet to the point of beginning. PARCEL 5: Lot B of Recorded Exemption No. 1469-25-3-RE1093, recorded July 27, 1988 in Book 1203 as Reception No. 2149575, being a part of the W1/2 of the SE1/4 and of the E1/2 of the SW1/4 of Section 25, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. PARCEL 6: A parcel of land in the NW1/4NE1/4 of Section 36, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, lying North and West of the railroad. EXCEPTING THEREFROM a parcel o£ land conveyed by deed recorded March 3, 1882 in Book 31 at Page 624. Together with the 100 foot right of way of the NW1/4 of the NE1/4 of Section 36, Township 1 North, Range 67 West of the 6th P.M., formerly owned by the railroad. Page 3 IIIII IFMI III �IY IVII II �WB IY IIIII �Y Iln 5 of 18 R 90.00 D 100.00 Weld Countv CO ExareIT B WATTENBERG PROPERTY WATER RIGHTS I. Huett Seepage Ditch located at a point in a seepage area tributary to the South Platte River whence the NW Comer of Section 31, Township 1 North, Range 66 West of the 6'h P.M., County of Weld, State of Colorado, bears N. 18°11' W. 2,794.6 feet. 2. 4/6th share of the Brighton Ditch represented by Certificate No. 211 issued January 27, 1998. 3. 4 shares in the Brantner Ditch represented by Certificate No. 129 issued May 22. 1992. 26000°6i_1.DOC 1211191111111111110111 a i�mii m irta wi 1111 EXHIBIT C WATTENBERG PROPERTY LEASES Lease and Right of First Refusal to Purchase dated March 28, 1994 between Janice C. Dersham and Laura M. Knapp (Lessors), Jeronimus Nurseries, Inc., d/b/a Green Acres Nursery, Inc (Lessee) and Kenneth A. Jeronimus and Nfiichael A. Jeronimus (Guarantors). Residential Lease dated July 13, 1998 between CAMAS Colorado, Inc. (Landlord) and Janice C. Dersham (Tennant). Grazing and/or Agricultural Lease dated July 1, 1998 between CAMAS Colorado, Inc. (Lessor) and Craig Mayo and Ronald Swingle (Lessees). Grazing and /or Agricultural Lease dated July_ 1, 1998 between CAMAS Colorado Inc. (Lessor) and Don Rosenbrach (Lessee). Grazing and ; or Agricultural Lease dated July 1, 1998 be^Keen CAMAS Colorado Inc. (Lessor) and Mark Matheson (Lessee). Grazing and for Agricultural Lease dated January 1, 1999 between CAMAS Colorado Inc. (Lessor) and Mark Matheson (Lessee). 2600 1 S7I _1.Doc i n� niu imii uniuo� v uuini ui ennui �u 7 of 18 R 90.00 D 100.00 Weld Countv CO EXHIBIT D ("Permitted Exceptions") 1. Rights of way, whether in fee or easement only, for county roads 30 feet wide on each side of section and township lines as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. (Affects Parcel 1) 2. Right of way, whether in fee or easement only, for county road, granted to The Board of County of Commissioners by instrument recorded in Book 178 at Page 464, in which the specific location of the easement is not defined. (Affects Parcel 1) 3. Right of way, whether in fee or easement width railway, as granted to The Denver, Company by instrument, recorded July 15, 366 and May 14, 1910 in Book 330 at Page following described property: As more particularly described in said instrument. (Affects Parcel 1) 4. All oil, gas and other mineral rights as reserved in instrument recorded February 25, 1921 in Book 619 at Page 481, and any interests therein or rights thereunder. (Affects Parcel 1) 5. All rights to any and all minerals, ore and metals of any kind and character, and all coal, asphaltum, oil, gas and other like substances in or under said land, the rights of ingress and egress for the purpose o£ mining, together with enough of the surface of the same as may be necessary for the proper and convenient working of such minerals and substances, as reserved in Patent from the State of Colorado, recorded January 17, 1923 in Book 677 at Page 28, and any interests therein or rights thereunder. (Affects Parcel 1) 6. Terms, agreements, provisions, conditions, obligations and easements as contained in Deed recorded February 3, 1925 in Book 769 at Page 125. (Affects Parcel 1) 7. Right of way, whether in fee or easement only, for opipelie, granted to Public Service Company of Colorado by instrument recorded March 20, 1962 in Book 1610 at Page 321, in which the specific location of the easement is not defined. (Affects Parcel 1) Page 1,11.PERIEREIRIMIN in only, for 80 feet in Laramie and Railway 1909 in Book 305 at Page 6, affecting the 8 of 18 R 90.00 D 100.00 Weld County CO EXHIBIT D (Cont.) ("Permitted Exceptions") 8. Right of way, whether in fee or easement only, for electrical facilities, granted to Union Rural Electric Association by instrument recorded October 10, 1973 in Book 701 as Reception No. 1622841, in which the specific location of the easement is not defined. (Affects Parcel 1) 9, Right of way, whether in fee or easement only, for pipeline, granted to Panhandle Eastern Pipeline Company by instrument recorded January 14, 1974 in Book 706 as Reception No. 1628233, in which the specific location of the easement is not defined. (Affects Parcel 1) lo. Right of way, whether in fee or easement only, for railway, as reserved by Denver Pacific Railway and Telegraph in the Deed recorded October 10, 1872 in Book 7 at Page 488, in which the specific location of the easement is not defined. (Affects Parcel 1) 11. Right of way, whether in fee or easement only, for pipeline(s) and appurtenances, granted to KN Wattencerc Transmission LLC by CAMAS Colorado, Inc. by instrument recorded September 4, 1998 as Reception No. 2638326, in which the specific location of the easement is not defined. (Affects Parcel 1) 12. Rights of way, whether in fee or easement only, for county roads 30 feet wide on each side of section and township lines as established by Order of the Board of County Commissioners for weld County, recorded October 14, 1889 in Book 86 at Page 273. NOTE: Resolution recorded November 6, 1992 in Book 1358 as Reception No. 2310233. (Affects Parcel 3) 13. Easement and right of way for Huett Seepage Ditch as evidenced by map and statement for Huett Seepage Ditch recorded on January 6, 1956 in Book 8 at Page 24 as Reception No. 1220735. (Affects Parcels 2 and 3) Page 2 i 01 10 R 00.00 D 100.00 miN i�uiii� Weld m nN Nu Wii EXHIBIT D (Cont.) ("Permitted Exceptions") 14. Right of way, whether in fee or easement only, for pipeline purposes, as granted to the Public Service Company of Colorado by John W. Huett and Bertha C. Huett, recorded January 26, 1962 in Book 1605 at Page 117, affecting the following described property: Portion of the NW1/4 of the SW1/4 of Section 30, Township 1 North, Range 66 West and portion of the E1/2 of the SE1/4 O£ Section 25, Township 1 North, Range 67 West, all in the 6th P.M., more particularly described as follows: A right of way 75 feet wide 37.5 feet on each side of a centerline beginning at a point on the South boundary line and 1,911 feet East of the South quarter corner of said Section 25; thence North 25 degrees 01 minutes 15 seconds East 2,921 feet more or less to the North boundary line of the SW1/4 of said Section 30. (Affects Parcels 2 and 3) 15. Oil and gas lease between John W. Huett and Bertha C. Huett and T.S. Pace dated April 10, 1970, recorded April 21, 1970 in Book 624 as Reception No. 1545876, and any interests therein or rights thereunder. Note: Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106, by Amoco Production Company, recorded April 4, 1975 in Book 735 as Reception No. 1657470. (Affects Parcels 2, 3 and 4) 16- Undivided 1/2 interest in all oil, gas and other mineral rights owned by grantors, except sand and gravel, as reserved by grantors John W. Huett and Bertha C. Huett in the Deed to Baja Ranch Co., a Joint Venture, recorded December 22, 1972 in Book 682 as Reception No. 1604096, and any interests therein or rights thereunder. (Affects Parcels 2, 3 and 4) 17. Terms, agreements, provisions, conditions and obligations as contained in Agreement recorded October 14, 1975 in Book 750 as Reception No. 1672248. (Affects Parcel 3) is. Easement and right of way for highway along the East side of the right of way of Great Western Railway as the same is now located as reserved in Warranty Deed from Ella I. Apel and Martha E. Irvin to Williams A. Myers, recorded January 10, 1929 in Book 862 at Page 326 and as shown on Survey, recorded November 9, 1973 in Book 703 as Reception No. 1624503. (Affects Parcel 4) Page 3 I 111111 IIIII 111111 IIIIII 11111 II 1111111 III 111111 III 1111 2740991 12/2811999 04:30P JA 8ukl Tsukamoto 10 of 18 R 90.00 0 100.00 Wald County CO EXHIBIT D (Cont.) ("Permitted Exceptions") 19. Easement and right of way for Laramie Seepage and Drain Ditches as evidenced by Map and Statement of Laramie Seepage and Drain Ditches, recorded March 22, 1910 as Reception No. 153271. (Affects Parcels 2, 3 and 4) 20. Undivided 1/2 interest in all oil, gas and other mineral rights owned by grantors, except sand and gravel as reserved by John W. Huett and Bertha C. Huett in the Deed to Baja Ranch Company, recorded March 9, 1973 in Book 687 as Reception No. 1608810, and any interests therein or rights thereunder. (Affects Parcel 4) 21. All ores and minerals, including oil and gas, with full rights to mine, drill for and extract the same and the rights o£ access to, and the use of the surface of said land, as may be necessary or incident to this reservations, as reserved by The Great Western Railway Company, in the Deed to John W. Huett and Bertha C. Huett, recorded December 30, 1948 in Book 1239 at page 581 as Reception No. 1048756, and any interests therein or rights thereunder. (Affects part of Parcel 2) 22. Oil and gas lease between Gail Moore, Ruth Moore, Dan Briggs and June Louise Briggs and M. E. Thrash dated May 1, 1970, recorded June 2, 1970 in Book 627 as Reception No. 1548531, and any interests therein or rights thereunder. Note: Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106, by Amoco Production Co., recorded April 4, 1975 in Book 735 as Reception No. 1657471. (Affects Parcel 2) 23. Undivided 1/2 interest in all oil, gas and other minerals rights, owned by Grantors except sand and gravel as reserved by John W. Huett and Bertha C. Huett in the deed to Baja Ranch Co., recorded January 18, 1973 in Book 694, as Reception No. 1605628 and any interests therein or rights thereunder. (Affects part of Parcel 2) Page 4 11 of 18 R 90.00 D 100.00 Weld County CO NNI I6YI H�4'I MAN INp II IBW�I I� NNI I� IN EXHIBIT D (Cont.) ("Permitted Exceptions") 24. Right of way, whether in fee or easement only, for Electric Transmission or distribution line purposes, as granted to Union Rural Electric Association, Inc. by Gail Moore, Ruth Moore, Richard Dan Briggs and June Louise Briggs, recorded March 14, 1977 in Book 792 as Reception No. 1713517, affecting the following described property: That part of the W1/2 of the SE1/4 of Section 25, Township 1 North, Range 67 west of the 6th P.M., County of Weld, State of Colorado, being described as the North 25.00 feet of said W1/2 as described in that certain Deed recorded in Book. 1515 at Page 518 under Reception No. 1289419. (Affects part of Parcel 2) 25. Right of way, whether in fee or easement only, for Electric Transmission or distribution line purposes, as granted to Union rural. Electric Association, Inc. by Baja Ranch Co., a Joint Venture, recorded March 14, 1977 in Book 792 as Reception No. 1713518, affecting the following described property: A part of the SE1/4 of Section 25, Township 1 North, Range 67 West of the 6th P.M., being described as the North 25.00 feet of the West 250.00 feet of that parcel of ?and described in that certain deed recorded in Book 682, Reception No. 1604096. (Affects part of Parcel 2) 26. A Non -Exclusive Perpetual Easement for ingress and egress as granted to Dennis B. Clanahan, Trustee by Baja Ranch Company, a Joint Venture by instrument recorded June 18, 1980 in Book 906 as 'Reception No. 1827768, affecting the following described property: The South 30 feet of the following described property: (a) Lot 2 of the SW1/4 of Section 30, Township 1 North, Range 66 West of the 6th P.M., except the East 600 feet thereof. (b) SE1/4 of the SE1/4 of Section 25, Township 1 North, Range 67 West of the 6th P.M. (c) SW1/4 of the SE1/4 of Section 25, Township 1 North, Range 67 West to the East line of the existing County Road. (Affects Parcels 2 and 3) 27. Oil and gas lease between Baja Ranch Company, a Joint Venture and Buddy Baker dated May 12, 1980, recorded July 9, 1980 in Book 908 as Reception No. 1829564, and any interests therein or rights thereunder. Note: Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106, by Barrett Energy Company, recorded February 28, 1984 in Book 1022 as Reception No. 01957406. (Affects Parcel. 3) Page 5 IIIN pIN Nf dl ll� U�I II IY�N IN IWN � IHI EXHIBIT D (Cont.) ("Permitted Exceptions") 28. All interest in all oil, gas and associated hydrocarbons owned by Sellers in, under and underlying and that may be produced in commercial quantities from the within property, during a term of 25 years, commencing from and including the date of this instrument, and terminating on the same date, at noon thereof, 25 years thereafter without any other act or thing to be done to accomplish such termination; provided, however that said period shall not so terminate in the event that oil, gas or associated hydrocarbons are being produced in commercial quantities on the termination date as a consequence of bona fide production in commercial quantities prior to the termination date in which event, the termination date shall automatically be advanced until such subsequent date when commercial production shall cease under any existing leases, as reserved by Baja Ranch Co., a Joint Venture in the deed to Laura M. Knapp, William A. Dersham and David D. Dersham, recorded July 18, 1980, in Book 909, as Reception No. 1830535, and any interests therein or rights thereunder. (Affects Parcels 2, 3 and 4) 29. Terms, agreements, provisions, conditions and obligations as contained in Agreement (25 Year Royalty Agreement) related to sand, gravel or aggregate commercially mined, for a term of 25 years from July 18, 1980, by and between Baja Ranch Co., Laura M. Knapp, William A. Dersham and David D. Dersham, recorded July 25, 1980 in Book 909 as Reception No. 1831222. (Affects Parcels 2, 3 and 4) 30. Easement and right of way 50 feet in width for pipeline purposes as granted to Western Slope Gas Company by David D. Dersham and Laura M. Knapp by instrument recorded December 6, 1983 in Book 1014 as Reception No. 01949100, the specific location of which is set forth in said instrument. (Affects Parcel 2 and 3) 31. Easement and right of way 50 feet in width for pipeline purposes as granted to Coors Energy Company by Laura M. Knapp and David D. Dersham by instrument recorded December 6, 1983 in Book 1014 as Reception No. 01949111, the specific location of which is set forth is said instrument. (Affects Parcels 2 and 3) Page 6 1217119!1121111PIIII0MEIEFTRIloltillIIII EXHIBIT D (Cont.) ("Permitted Exceptions") 32. Easement and right of way for an electric transmission and/or distribution line or system as granted to Union rural. Electric Association, Inc., by Laura M. Knapp and Janice E. Dersham by instrument recorded February 20, 1986 in Book 1103 as Reception No. 02043643, the specific location of which is set forth in said instrument. (Affects Parcel 2) 33. Those Covenants, Conditions, Terms, Obligations, Easements and Restrictions which are a burden to the subject property as set forth as "Development Standards" on plat recorded January 26, 1987 in Book 1143 as Reception No. 02085995. (Affects Parcel 2) 34. Right of way, whether in fee or easement only, for electric facilities, including communication facilities and appurtenances, as granted to United Power, Inc. by Janice E. Dersham and Laura M. Knapp, recorded June 16, 1992 in Book 1339 as Reception No. 2292093, affecting the following described property: As more particularly described in said instrument. (Affects Parcel 2) 35. Right of way, whether in fee or easement only, for a pipe line and appurtenances, granted to K N Front Range Gathering Company by Janice E. Dersham and Laura M. Knapp by instrument recorded April 6, 1994 in Book 1435 as Reception No. 2382196, in which the specific location of the easement is not defined. (Affects Parcel 2) 36. Right of way, whether in fee or easement only, for distribution of electicity and appurtenances, as granted to United Power, Inc. by Janice E. Dersham, Laura M. Knapp, recorded February 14, 1996 in Book 1532 as Reception No. 2476353, affecting the following described property: As more particularly described in said instrument. (Affects Parcel 2) 37. Right of way, whether in fee or easement only, for pipeline and appurtenances, granted to PanEnergy Field Services, Inc. by Janice E. Dersham and Laura M. Knapp by instrument recorded March 31, 1997 in Book 1598 as Reception No. 2540219, in which the specific location of the easement is not defined. (Affects Parcel 2) Page 7 11111111111111111111111311111111111111111111111111111 144of9181RY90.00904:30P JA D 00 Weldld to County CO EXHIBIT D (Cont.) ("Permitted Exceptions") 38. Terms, agreements, provisions, conditions and obligations as contained in Notice of Agreement by and between Laura M. Knapp, William A. Dersham, David D. Dersham and Baja Ranch Co. recorded November 7, 1997 in Book 1634 as Reception No. 2578242. (Affects Parcels 2, 3 and 4) 39. Matters of Survey as shown on Land Survey Plat recorded May 28, 1998 as Reception No. 2615532. (Affects Parcels 2, 3 and '4) 40. Lease, and the terms and conditions thereof, between Janice C. Dersham and Laura M. Knapp, Lessor(s) and Jeronimus Nurseries, Inc., d/b/a Green Acres Nursery, Inc., Lessee(s), recorded November 7, 1997 in Book 1634 as Reception No. 2578243, beginning March 28, 1994 through May 31, 2006, with a first right of refusal. NOTE: Letter recorded July 21, 1998 as Reception No. 2627267. (Affects Parcels 2, 3 and 4) 41. Right of way for railway in width, and in manner and form as provided by the Acts of Congress in relation thereto, as reserved by Union Pacific Railway Company in the Deed recorded August 1, 1978 in Book 25 at Page 16, in which the specific location is not defined. (Affects NEI/4SW1/4 of Parcel 5) 42. Oil and gas lease between Gail Moore and Ruth Moore, Dan Briggs and June Louise Briggs and M. E. Thrash dated May 1, 1970, recorded June 2, 1970 in Book 627 as Reception No. 1548531, and any interests therein or rights thereunder. Note: Extension of the above lease as claimed by Affidavit_of Production, pursuant to CRS 38-42-106, by Amoco Production Company, recorded April 4, 1975 in Book 735 as Reception No. 1657471. NOTE: Amendment recorded July 11, 1991 in Book 1304 as Reception No. 2255980. (Affects Parcel 5) Page 8 121VIEN111110VedilalloP �p EXHIBIT D (Cont.) ("Permitted Exceptions") 43. Right of way, whether in fee or easement only, for an electric transmission and/or distribution line or system, as granted to Union Rural Electric Association, Inc. by Gail Moore, Ruth Moore, Richard Dan Briggs and June Louise Briggs, recorded March 14, 1977 in Book 792 as Reception No. 1713517, affecting the following described property: That part of the W1/2 of the SE1/4 of Section 25; Township 1 North, Range 67 West of the 6th P.M., Weld County Colorado, being described as the North 25.00 feet of said West 1/2 of Parcel 5 44. Right of way, whether in fee or easement only, for pipe line purposes, granted to Colorado Interstate Gas Company by Richard . Dan Briggs, June Louise Briggs, Gail Moore and Ruth Moore by instrument recorded February 16, 1982 in Book 961 as Reception No. 1883130, in which the specific location of the easement is not defined. (Affects E1/2SW1/4 of Parcel 5) 45. Right of way, whether in fee or easement only, for pipeline and related appurtenances, as granted co Western Slope Gas Company by Gail Moore, Ruth Moore, Richard Dar. Briggs and June Louise Briggs, recorded November 14, 1983 in Book ?013 as Reception No. 1946846, affecting the following described property: As more particularly described in said instrument. (Affects Parcel 5) 46. Right of way, whether in fee or easement only, for pipelines and related appurtenances, as granted to Coors Energy Company, a Colorado corporation by Gail Moore, Ruth Moore, Richard Dan Briggs and June Louise Briggs, recorded November 14, 1983 in Book 1013 as Reception No. 1946857, affecting the following described property: As more particularly described in said instrument (Affects Parcel 5) 47, Right of way, whether in fee or easement only, for an electric transmission and/or distribution line or system, as granted to Union Rural Electric Association, Inc., a cooperative corporation by Gail Moore, Ruth Moore, Richard Dan Briggs and June Louise Briggs, recorded December 19, 1985 in Book 1096 as Reception No. 2036426, affecting the following described property: As more particularly described in said instrument. (Affects Parcel 5) Page 9 2740991 mmi nm ��u �Nu ilia N mwu m iwii iu iui EXHIBIT D (Cont.) ("Permitted Exceptions") 48. Weld County Roads 4 1/2 and 23 1/2, and an irrigation ditch, and any and all rights of way therefore, as shown on Recorded Exemption No. 1469-23-3-RE1093, recorded July 27, 1988 in Book 1203 as Reception No. 2149575. (Affects Parcel 5) 49. All royalties from existing producing oil and gas leases in marketable quantities; All royalties from future development o£ producting oil and gas leases of marketable quantities will be shared by 1/3 to seller and 2/3 to purchaser; as reserved by Richard Dan Briggs in the Deed to Briggs Aggregate, recorded August 3, 1988 in Book 1204 as Reception No. 2150299, and any interests therein or rights thereunder. (Affects Parcel 5) 50. Terms, agreements, provisions, conditions and obligations as contained in Gas Tap Release recorded May 23, 1990 in Book 1264 as Reception No. 2214740. (Affects Parcel 5) 51. All royalties, payments, and other proceeds as reserved in deeds recorded January 21, 1998 as Reception No. 2590048, and January 21, 1998 as Reception No. 2590052, re-recorded January 27, 1998 as Reception No. 2590906, and any interests therein or rights thereunder. (Affects Parcel 5) 52. Laramie Seepage & Drain Ditches, and any and all rights of way therefore, as evidenced by Map and Statement filed March 22, 1910 as Retention No. 153271, in which the specific location is not defined. (Affects Parcel 6) 53. Oil and gas lease between Paul A. Struck and Ruth E. Struck and Amoco Production Company dated March 26, 1973, recorded April 17, 1973 in Book 689 as Reception No. 1611389, and any interests therein or rights thereunder. Note: Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106, by Amoco Production Company, recorded May 2, 1975 in Book 738 as Reception No. 1659507. Note: Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106, by Bataa Oil, Inc., recorded August 5, 1992 in Book 1346 as Reception No. 2299052. Page 10 AID IWI NIA �IIII IIIN II INIIY IA Ialll III MII EXHIBIT D (Cont.) ("Permitted Exceptions") Note: Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106, by Bataa Oil, Inc., recorded May 27, 1993 in .Book 1384 as Reception No. 2334503. Note: Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106, by Bataa Oil, Inc., recorded December 28, 1993 in Book 1419 as Reception No. 2366222. (Affects Parcel 6) 54. Right of way, whether in fee or easement only, for a pipeline gate valve or gate -valves and appurtenances, granted to Associated Natural Gas, Inc., a Colorado Corporation by James P. Struck and Dorothy G. Struck by instrument recorded February 17, 1993 in Book 1370 as Reception No. 2322015, in which the specific location of the easement is not defined. (Affects Parcel 6) 55. Matters of Survey as shown. on Land Surrey Plat recorded May 28, 1998 as Reception No. 2615532. (Affects Parcel 6) 56. Right of way, whether in fee or easement only, for a water conveyance pipeline, as granted to Central Colorado Water Conservancy District by James P. Struck and Dorothy G. Struck, recorded February 19, 1998 as Reception No. 2594986, as more particularly described in said instrument. (Affects Parcel 6) 57. Roads as shown on map of Weld County. (Affects Parcel 6) 1111111 IIIiI 111111 111111 IllII II IIIIIIII ll! 111111 il! 1111 2740991 12/28/1999 04:30P JA Sukl Taukamoto 18 of 18 R 90.00 D 100.00 Weld Counter CO Page 11 Chloe Rempel From: Sent: To: Subject: Attachments: William Schenderlein <bill@blueearthsolutions.net> Monday, November 16, 2020 5:05 PM CTB BCC Notice for Proposed Sand and Gravel Mine BCC Baurer Pit Notice.pdf RECEIVED Nov 1 7 2073 WELD COUNTY COMMISSIONFPc ICaution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Clerk to the Board — please find attached notice materials for the proposed Aggregate Industries — WCR, Inc. Baurer Pit. The Baurer Pit is a proposed sand and gravel mine in Weld County and State statutes require delivery of the attached notice to the Board of County Commissioners. I need to provide proof of delivery, so could you please send me a digital receipt or print the transmittal letter, stamp it received, and email a scanned copy back to me. Thank you very much for your help. Please feel free to call me if you have any questions. gra sakeA4erLeilw, P.E. Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, CO 80522 (970) 227-2803 POlOtiCe RLvieth.) l /ZS/ao PL -6-P), P(A(5frk/ER/c1-1/cW) II/19 /2.0 i 2020-3459 Chloe Rempel From: Sent: To: Subject: Attachments: William Schenderlein <bill@blueearthsolutions.net> Monday, November 16, 2020 5:11 PM CTB Proposed Sand and Gravel Mine Application for Clerk to the Board CR Tran.pdf; Baurer Pit DRMS Application complete.pdf Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Clerk to the Board — please find attached a copy of the proposed Aggregate Industries — WCR, Inc. Baurer Pit Colorado Division of Reclamation, Mining and Safety permit application. The Baurer Pit is a proposed sand and gravel mine in Weld County and State statutes require the application be put on file with the County Clerk and Recorder (Clerk to the Board) in case members of the public wish to see the application. I need to provide proof of delivery, so could you please send me a digital receipt or print the transmittal letter, stamp it received, and email a scanned copy back to me. Thank you very much for your help. Please feel free to call me if you have any questions. gra saketAioterl,e1A ,, P.E. Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, CO 8O522 (970) 227-2803 1 blue earth SOLUTIONS Letter of Transmittal DATE: November 16, 2020 TO: Weld County Board of County Commissioners 1150 O Street Greeley, CO 80632 FROM: Bill Schenderlein Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 (970) 227-2803 WE TRANSMIT: • o Attached Information Below Remarks: THE FOLLOWING: n Originals ■ Copy of Letter n Applications n Specifications n Other FOR YOUR: ■ Use ❑ Approval nInformation n Review & Comment The enclosed material is provided to fulfill the requirements of the attached Colorado Mined Land Reclamation Permit application. • One (1) copy of DRMS submittal form and DRMS 112 Application including Exhibits A and B — Baurer Pit — Aggregate Industries — WCR, Inc. Signed: /di Blue Earth Solutions, LLC • P.O. Box 2427 • Fort Collins, CO 80522 • (970) 227-2803 NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF COUNTY COMMISSIONERS Weld COUNTY Aggregate Industries — WCR, Inc. (the "Applicant/Operator") has applied for a Regular (112) reclamation permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials operations in Weld County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Reclamation, Mining, and Safety (the "Division") and the local county clerk or recorder. The applicant/operator proposes to reclaim the affected land to developed water resource use. Pursuant to Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Board of County Commissioners before approving of the post -mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the application within twenty (20) days of the date of last publication of notice pursuant to Section 34-32-112 (10), C.R.S. If you would like to discuss the proposed post -mining land use, or any other issue regarding this application, please contact the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, 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 change to a previously filed application you must either attach a copy of the changes, or attach a complete and accurate description of the change. Aggregate Industries — WCR, Inc. BAURER PIT DIVISION OF RECLAMATION, MINING AND SAFETY 112 RECLAMATION OPERATION PERMIT APPLICATION AGGREGATE INDUSTRIES - WCR, INC. 1687 Cole Boulevard, Suite 300 Golden, Colorado 80401 Clue earth SOLUTIONS P.O. Box 2427, Fort Collins, CO 80522 PH: (970) 227-2803 November 2020 STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 CONSTRUCTION MATERIALS REGULAR (112) OPERATION RECLAMATION PERMIT APPLICATION FORM COLORADO DIVISION OF RECLAMATION MINING — &— SAFETY CHECK ONE: n There is a File Number Already Assigned to this Operation Permit # M -_ - (Please reference the file number currently assigned to this operation) New Application (Rule 1.4.5) !_ Amendment Application (Rule 1.10) Conversion Application (Rule 1.11) Permit # M - (provide for Amendments and Conversions of existing permits) The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts: (1) the application form; (2) Exhibits A -S, Addendum 1, any sections of Exhibit 6.5 (Geotechnical Stability Exhibit; and (3) the application fee. When you submit your application, be sure to include one (1) complete signed and notarized ORIGINAL and one (1) copy of the completed application form, two (2) copies of Exhibits A -S, Addendum I, appropriate sections of 6.5 (Geotechnical Stability Exhibit, ands check for the application fee described under Section (4) below. Exhibits should NOT be bound or in a 3 -ring binder; maps should be folded to 8 1/2" X 11" or 8 1/2" X 14" size. To expedite processing, please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, ALL information requested below. 1. Applicant/operator or company name (name to be used on permit): Aggregate Industries - WCR, Inc. 1.1 Type of organization (corporation, partnership, etc.): Corporation 2. Operation name (pit, mine or site name): Baurer Pit 3. Permitted acreage (new or existing site): 3.1 Change in acreage (+) 3.2 Total acreage in Permit area 4. Fees: 4.1 New Application 4.2 New Quarry Application 4.4 Amendment Fee 4.5 Conversion to 112 operation (set by statute) 5. Primary commodities) to be mined: sand 5.1 Incidental commoditie(s) to be mined: I. 3. / Ibs/Tons/vr 4. Na 5.2 Anticipated end use of primary commoditie(s) to be mined: 5.3 Anticipated end use of incidental commoditie(s) to be mined: ilia gravel 79.4 79.4 permitted acres acres acres $2,696.00 application fee $3,342.00 quarry application $2,229.00 amendment fee $2,696.00 conversion fee lbs/Tons/yr 2. / Ibs/Tons/yr / Ibs/Tons/yr 5. / lbs/Tons/yr Construction materials (sand and gravel) -2- 6. Name of owner of subsurface rights of affected land: refer to Exhibit O If 2 or more owners, "refer to Exhibit O". 7. Name of owner of surface of affected land: Aggregate Industries - WCR, Inc. ; City of Westminster 8. Type of mining operation: Surface _C:L Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN (check one): Q 6th (Colorado) ,a 10th (New Mexico) El Ute SECTION (write number): s 36 TOWNSHIP (write number and check direction): T El North El South 1 RANGE (write number and check direction): R 67 Q East D✓ West QUARTER SECTION (check one): © SW QUARTER/QUARTER SECTION (check one): NE • - •NW Dix, SE SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): approximately one mile northwest of the City of Brighton, approximate elevation 4942 feet amsl ]0. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (N) 39° 44' 12.98" (W) 104° 59' 3.87" Latitude (N): deg min sec (2 decimal places) Longitude (W): deg min sec (2 decimal places) OR Example: (N) 39.73691° (W) -104.98449° Latitude (N) 40 .01124 (5 decimal places) Longitude(W) "104 .83417 (5 decimal places) OR Universal Tranverse Mercator (UTM) Example: 201336.3 E NAD27 Zone 13 4398351.2 N UTM Datum (specify NAD27, NAD83 or WGS 84) Nad 83 Zone 13 Easting Northing -3 - II. Correspondence Information: APPLICANT/OPERATOR Contact's Name: Company Name: Street/P.O. Box: City: State: Colorado Zip Code: 80401 Telephone Number. Fax Number: PERMITTING CONTACT Contact's Name: Company Name: Street/P.O. Box: City: State: Telephone Number: Fax Number: INSPECTION CONTACT Contact's Name: Company Name: Street/P.O. Box: City: State: Telephone Number: Fax Number: (name, address, and phone of name to be used on permit) W Chance Allen Aggregate Industries - WCR, Inc. Title: Regional General Manager 1687 Cole Boulevard, Suite 300 Golden P.O. Box: (303 ) _ 985-1070 (303 ) _ 716-5299 (if different from applicant/operator above) Bill Schenderlein Blue Earth Solutions, LLC Title: Project Manager Fort Collins P.O. Box: 2427 Colorado (970 ) _ 227-2803 S _ Zip Code: 80522 Jeremy Deuto Aggregate Industries - WCR, Inc. Title: Regional Land and Environment Manager 1687 Cole Boulevard, Suite 300 Golden P.O. Box: Colorado zip code: 80401 (303 ) _ 985-1070 (303 ) _ 716-5299 CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: Telephone Number: ( ) - CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: Telephone Number. ( ) - -4- 12. Prima future (Post -mining) land use (check one): Cropland(CR) ID Pastureland(PL) Rangeland(RL) _O Forestry(FR) _ID Residential(RS) _ID Recreation(RC) 1:3 Developed Water Resources(WR) 13. Primary Present land use (check ones ❑ Cropland(CR) - Rangeland(RL) Residential(RS) Pastureland(PL) Forestry(FR) Recreation(RC) ...J Developed Water Resources(WR) General Agriculture(GA) Wildlife Habitat(WL) Industrial/Commercial(IC) Solid Waste Disposal(WD) iiiGeneral Agriculture(GA) Wildlife Habitat(WL) Industrial/Commercial(IC) 14. !Method of Mining: Briefly explain mining method (e.g. truck/shovel): Open pit dry mining by dewatering using scrapers, loaders, and excavators 15. On Site Processing: El Crushing/Screening 13.1 Briefly explain mining method (e.g. truck/shovel): List any designated chemicals or acid -producing materials to be used or stored within permit area: None 16. Description of Amendment or Conversion: If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s). -5 - Maps and Exhibits. Two t 2) complete, unbound application packages must be submitted. One complete application package consists of signed application form and the set of maps and exhibits referenced below as Exhibits A -S, Addendtun 1, and the Gcotechnical Stability Exhibit. Each exhibit within the application tnust be presented as a separate section. Begin each exhibit on a new. page. Pages should be numbered consecutively for ease of reference. Ifsepardte documents are used as appendices, please reference these by name in the exhibit. With each of the two (2) signed application forms. you must submit a corresponding set of the maps and exhibits as described in the following references to Rule 6.4. 6.5, and I.6.2( I )(b): EXHIBIT .A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H EXHIBIT 1 EXHIBIT J EXHIBIT K EXHIBIT L. EXHIBIT M EXHIBIT N EXHIBIT O EXHIBIT P EXHIBIT Q EXHIBIT R EXHIBIT S Rule 1.6._2( 11(b) Rule 6.5 Legal Description Index Map Pre -Mining and Mining Phut Map(s) of Affected Lands Mining Plan Reclamation Plan Reclamation Plan Map Water Infonnation Wildlife Information Soils Information Vegetation Information Climate Information Reclamation Costs Other Permits and Licenses Source of Legal Right -To -Enter Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined Municipalities Within Two Miles Proof of ?tailing of Notices to County Commissioners and Conservation District Proof of Filings with County Clerk or Recorder Permanent Man -Made Structures ADDENDUM 1 - Notice Requ rements (sample enclosed) Geotechmcal Stability Exhibit (;any required sections) The instructions for preparing Exhibits A -S. Addendum I. and Gectechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule I.6.2( 1 b) of the Rules and Regulations. If you 14ty c any questions on preparing the Exhibits or content of the information required. or would like to schedule a pre -application meeting you may contact the Office at 303-866-3567. Resnonsibilities as a Permittee: Upon application approeal and permit issuance. this application becomes a legally binding document. Therefore, there are a nutnber of important requirements which you, as a permittee. should fully understand. These requirements arc listed below. Please read and initial each requirement. in the space pros ided. to acknowledge that you understand your obligations. If you do not understand these obligations then please contact this Office for a full explanation. V/ If— I. Your obligation to reclaim the site is not limited to the antottnt 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: _h_ ?. The Board may suspend or revoke this permit. or assess a civil penalty, upon a finding that the pennittec iolated 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 penult boundary. substantial civil penalties, to you as pennittec can result 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office: 5. It is your responsibility to notify the Office of any changes in your address or phone number: 6. Upon permit issuance and prior to beginning on -site mining activity, you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information (Rule 3.1.1?): 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. E/C-4-- 7. The boundaries of the permit boundary area must be marked by monuments or other markers that arc clearly visible and adequate to delineate such boundaries prior to site disturbance. x_ it is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Construction Material Rules and Regulations in effect at the time the permit is issued. 9. Annually, on the anniversary date of permit issuance. you must submit an annual fee as specified by Statute, and an annual report which includes a nap describing the acreage affected and the acreage reclaimed to date (if there arc 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 pre% ious year a permit is held. For example, a permit with the anniversary date of July I, 1995, the annual fee is for the period ofluly I. 1991 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. it is your responsibility, as the permittee, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. 10. For joint venture/partnership operators: the signing representative is authorized to sign this document and a power of attorney (provided by the partner(s)t authorizing the signature of the representative is attached to this application. -7 - MOTE TO COM M E NTORS/OBJ ECTORS: It is likely there will be additions. changes, and deletions to this document prior to final decision by the Office. Therefore, if you have any comments or concerns you must contact the applicant or the Office prior to the dceisiun 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 cnd of the public comment period. You should contact the applicant for the final date of the public comment period. Ifyou have questions about the Mincd Land Reclamation Board and Office's review and decision or appeals process, you may contact the Office at (303) 866-3567, -r - Certification: As an authorized representative of the applicant. I hereby certify that the operation described has met the minimum requirements of the following tenth and conditions. I. To the best of my knowledge. all significant. aluablc and pennancnt man -mace structure(s) in existence at the time this application is filed. and located within 0i) feet oldie proposed affected area have been identified in this application (Section 34-32.5-115(4)(a C.R.S. 1. _'. No nbning, operation .will be locatixi on lands .where such operations arc prohibited bt lass (Section 34-32.5-115(4)f IL C.R.S.: 3. As the applicant operator. i do not have an extraction exploration operations in the State of Colorado currently in violation of the provisions of the Colorado l.and Reclamation .Act for the Extraction of Construction Materials (Section 3-f-3_'.5-1?tt. C.R.S.) as determined thrown') a Board finding. 4. f understand that statements in the application arc beine made under penalty of peritir) and that false statements made herein are punishable as a (*lass 1 misdemeanor pursuant to Section I R -N-5(13. C,R.S_ ThA firm has hecn approved ht• the .(lined Land Reclamation Board pursuant to section 34-3?.5-11',(:R.S., of the ('nlorado l.anrd Reclamation Act for the Extraction of (;instruction Materials. Any alteration or modification of this firm shall result in voiding any permit issued on the ahered or modified form and subject the operator to erase and desist orders and civil penalties for operating without a permit pursuant to section 34-32.5423, C.R.S. Signed and dated this „i9 day of M Q oe rn her Aggregate Industries - WCR, inc. Applicant Operator or Company Name T Siened: Title: Regional General Manager State of 0_DLtzrad iJ C � {�- 1 5y ounty of � ;cn1 1 The toregointi instalment .sas ackno..Ied4ed before me this DA). b. 1,iJ . e4Na NCP fc\UtErl as Op o If Corporation attest 1 Seal t Art✓-{- .few. C orporate Secretary or E:4luttalent Tess n City Count, Clerk da) oaf Nn02nethe' jl mrd Gety a.P KA of fta-1-a �4,1e SARAN +► NOTARY PUBUC STATE OF COLORADO NOTARY ID 2O174007751 MY COMMISSION EXPIRES FEBRUARY 21, 2021 \start Public \Iv Commission expires: � IrsZ/ SIGNATURES MUST BF: IN BLUE INK You must post sufficient Notices at the location of the proposed mine site to dead identify the site as the location of a EXHIBIT A Legal Description The proposed permit area is located approximately one -mile northeast of the City of Brighton in Weld County, Colorado. The Baurer Pit permit includes 79.4 acres and is comprised of one new mining area and two previously mined areas. One of the previously mined areas is part of the current Wattenberg Lakes site (M-2004-051) and the second mined area is included in the Baseline Resource site (M-1997-058). These previously mined areas will either be incorporated into the Baurer Pit mining and reclamation plan or avoided. In either case, once the proposed Division of Reclamation, Mining and Safety (DRMS) Baurer Pit permit application is approved, the previously mined areas will be released from the applicable previous DRMS mining permits. According to the Weld County Assessor's Office, the permit area parcels are owned by the City of Westminster and Aggregate Industries — WCR, Inc. Quarter, quarter section description of the proposed permit area: N%2 of the NE'/4 in Section 36, Township 1 North, Range 67 West of the Sixth Principal Meridian, Weld County, State of Colorado. Latitude/Longitude of main entrance: 40.01124 degrees N 104.83417 degrees W Baurer Pit DRMS 112 Permit Application Page 1 EXHIBIT B Index Map See attached map. Exhibit B: Vicinity Map Baurer Pit DBMS 112 Permit Application Page 2 blue earth SOLUTIONS Letter of Transmittal DATE: November 16, 2020 TO: Weld County Clerk to the Board 1150 O Street Greeley, Colorado 80632 FROM: Bill Schenderlein Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 (970) 227-2803 WE TRANSMIT: • Attached Information Below Remarks: THE FOLLOWING: FOR YOUR: nOriginals ■ Use ■ Copy of Letter ❑ Approval ❑ Applications n Information ❑ Specifications n Review & Comment ❑ Other Submission of this material satisfies requirements of the Mine Land Reclamation Board Regular 112 Operation Reclamation Permit Application. The enclosed application material must remain for public review at least sixty (60) days after a decision on said application has been made the Office of Mined Land Reclamation (Rule 1.6.2 (2)). Confidential materials were purposely excluded. • One (1) copy of DRMS Construction Materials Regular 112 Operation Reclamation Permit Application — Baurer Pit — Aggregate Industries — WCR, Inc. Signed: /Llt,, Blue Earth Solutions, LLC • P.O. Box 2427 • Fort Collins, CO 80522 • (970) 227-2803 Aggregate Industries — WCR, Inc. BAURER PIT DIVISION OF RECLAMATION, MINING AND SAFETY 112 RECLAMATION OPERATION PERMIT APPLICATION AGGREGATE INDUSTRIES - WCR, INC. 1687 Cole Boulevard, Suite 300 Golden, Colorado 80401 blue earth SOLUTIONS P.O. Box 2427, Fort Collins, CO 80522 PH: (970) ss7-28o3 November 2020 STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 CONSTRUCTION MATERIALS REGULAR (112) OPERATION RECLAMATION PERMIT APPLICATION FORM COLORADO DIVISION OF RECLAMATION MINING — &— SAFETY CHECK ONE: El There is a File Number Already Assigned to this Operation Permit # M - (Please reference the file number currently assigned to this operation) i New Application (Rule 1.4.5) a Amendment Application (Rule 1.10) Conversion Application (Rule 1.11) Permit # M - (provide for Amendments and Conversions of existing permits) The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts: (I) the application form; (2) Exhibits A -S, Addendum 1, any sections of Exhibit 6.5 (Geotechnical Stability Exhibit; and (3) the application fee. When you submit your application, be sure to include one (1) complete signed and notarized ORIGINAL and one (1) copy of the completed application form, two (2) copies of Exhibits A -S, Addendum 1, appropriate sections of 6.5 (Geotechnical Stability Exhibit, and a check for the application fee described under Section (4) below. Exhibits should NOT be bound or in a 3 -ring binder; maps should be folded to 8 1/2" X 11" or 8 1/2" X 14" size. To expedite processing, please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, ALL information requested below. 1. Applicant/operator or company name (name to be used on permit): Aggregate Industries - WCR, Inc. 1.1 Type of organization (corporation, partnership, etc.): COrpOration 2. Operation name (pit, mine or site name): Baurer Pit 3. Permitted acreage (new or existing site): 3.1 Change in acreage (+) 3.2 Total acreage in Permit area 4. Fees: 4.1 New Application 4.2 New Quarry Application 4.4 Amendment Fee 4.5 Conversion to 112 operation (set by statute) 5. Primary commoditie(s) to be mined: sand 5.1 Incidental commodities) to be mined: I. 3. / Ibs/Tons/yr 4. n/a 5.2 Anticipated end use of primary commoditie(s) to be mined: 5.3 Anticipated end use of incidental commoditie(s) to be mined: Na gravel 79.4 79.4 permitted acres acres acres $2,696.00 application fee $3.342.00 quarry application $2.229.00 amendment fee $2.696.00 conversion fee lbs/Tons/yr 2. / / lbs/Tons/yr 5. Construction materials (sand and gravel) lbs/Tons/yr / Ibs/Tons/yr -2- 6. Name of owner of subsurface rights of affected land: refer to Exhibit O If 2 or more owners, "refer to Exhibit O". 7. Name of owner of surface of affected land: Aggregate Industries - WCR, Inc. ; City of Westminster 8. Type of mining operation: Surface _a Underground 9. ,Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN (check one): 6th (Colorado) a 10th (New Mexico) ❑ Ute SECTION (write number): S 36 TOWNSHIP (write number and check direction): T ✓ l North a South RANGE (write number and check direction): R 67 a East El West QUARTER SECTION (check one): ri Ea O SW QUARTER/QUARTER SECTION (check one): • NE - INW � SE SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): approximately one mile northwest of the City of Brighton, approximate elevation 4942 feet amsl 10. Primary Mine Entrance Location (report in either Latitude/Longitude pi UTM): Latitude/Longitude: Example: (N) 39° 44' 12.98" (W) 104° 59' 3.87" Latitude (N): deg min sec (2 decimal places) Longitude (W): deg min sec (2 decimal places) OR Example: (N) 39.73691° (W) -104.98449° Latitude (N) 40 ,01124 Longitude(W) '104 , 83417 OR Universal Tranverse Mercator (UTM) Example: 201336.3 E NAD27 Zone 13 4398351.2 N (5 decimal places) (5 decimal places) UTM Datum (specify NAD27, NAD83 or WGS 84) Nad 83 Zone 3 Easting Northing -3- 11. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Contact's Name: W. Chance Allen Tide: Regional General Manager Company Name: Aggregate Industries - VUCR, Inc. Street/P.O. Box: 1687 Cole Boulevard, Suite 300 P.O. Box: City: Golden State: Colorado Zip Code: 80401 Telephone Number: (303 ) _ 985-1070 Fax Number: (303 ) _ 716-5299 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Bill Schenderlein Title: Project Manager Company Name: Blue Earth Solutions, LLC Street/P.O. Box: P.O. Box: 2427 City: Fort Collins State: Colorado Zip Code: 80522 Telephone Number: (970 ) _ 227-2803 Fax Number: ( ) - INSPECTION CONTACT Contact's Name: Jeremy Deuto Title: Regional Land and Environment Manager Company Name: Aggregate Industries - VUCR, Inc. Street/P.O. Box: 1687 Cole Boulevard, Suite 300 P.O. Box: City: Golden State: Colorado Zip Code: 80401 Telephone Number: (303 ) _ 985-1070 Fax Number: (303 ) _ 716-5299 CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: Telephone Number: ( ) - CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Zip Code: Telephone Number: ( ) - -4- 12. Prima future (Post -mining) land use (check one): Cropland(CR) _O Pastureland(PL) _....1 Rangeland(RL) El Forestry(FR) IDResidential(RS) _E] Recreation(RC) 17 Developed Water Resources(WR) 13. Primary present land use (check one : La Cropland(CR) Pastureland(PL) Rangeland(RL) Forestry(FR) Residential(RS) ri Recreation(RC) Developed Water Resources(WR) tiGeneral Agriculture(GA) Wildlife Habitat(WL) Industrial/Commercial(IC) Solid Waste Disposal(WD) liiGeneral Agriculture(GA) Wildlife Habitat(WL) Industrial/Commercial(IC) 14. Method of Mining: Briefly explain mining method (e.g. truck/shovel): Open pit dry mining by dewatering using scrapers, loaders, and excavators 15. On Site Processing: ❑ Crushing/Screening 13.1 Briefly explain mining method (e.g. truck/shovel): List any designated chemicals or acid -producing materials to be used or stored within permit area: None 16. Description of Amendment or Conversion: If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s). -5 - Maps and Exhibits: Two (2t complete, unbound application packages must be submitted. One complete application package consists of signed application (Orin and the set of maps and exhibits referenced bel(m as Exhibits A -S, Addendum 1, and the Geotcchnical Stability Exhibit. Each exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for case of reference, If separate documents are used as appendices, please reference these by name in the exhibit. With each of the hso (2) signed application forms. you must submit a corresponding set of the maps and exhibits as described in the following references to Rule 6.4, 6.5. and I.6?( I lib): EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBrr H EXHIBIT I EXHIBIT J EXHIBIT K EXHIBIT L. EXHIBIT M EXHIBIT X EXHIBIT O EXHIBIT P EXHIBIT Q EXHIBIT R EXHIBIT S Rule I.6?( I )(In Rule 6.5 Legal Description Index Map Pre -Mining and Mining Plan Maps) of Affected Lands Mining Plan Reclamation Plan Reclamation Plan Map Water information Wildlife Information Soils Information Vegetation Information Climate Information Reclamation Costs Other Permits and Licenses Source of Legal Right -To -Enter Owners of Record of Affected Land (Surface Area ) and Owners of Substance to be dined Municipalities Within Two Miles Proorof Mailing of Notices to County. Commissioners and Conservation District Proof of Filing with County C'Ierk or Recorder Permanent Man -lade Structures ADDENDLAI I - Notice Requiements (sample enclosed) Gcotechnical Stability Exhibit (any required sections) The instructions for preparing Exhibits A -S, Addendtun I. and Geetechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule l .6 .24 11( b t of the Rules and Regulations. If you lun e any questions on preparing the Exhibits or content of the infornration required. or would like to schedule a pre -application meeting you may contact the Office at 3(X3 -M6-3567. Responsibilities as a Permittee: Upon application approval and permit issuance. this application becomes a legally binding document. Therefore, there area number of important requirements which you, as a pcnnittcc, should fully understand. These requirements are listed below. Please read and initial each requirement. in the space pros ided, to acknowledge that you understand your obligations. If you do not understand these obligations then please contact this Ollicc for a full explanation. 4../! I . Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your minim! operation in the event your permit is retokcd and financial warranty is forfeited: 4e /4/44— ?. The Board may suspend or revoke this permit. or assess a eivil penalty, upon a finding, that the pennittee iolated 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 pennit boundary, substantial civil penalties, to you as pennittee can result: 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office: S. It is your responsibility to notify, the Office of any changes in your address or phone number: h. Upon permit issuance and prior to beginning, on -site mining, activity, you trust post a sign at the entrance of the mine site, which shall be clearly visible from the access road. with the following information (Rule 3.112): 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. %e 7. The boundaries of the pennit boundary area must be marked by monuments or other markers that arc clearly visible and adequate to delineate such boundaries prior to site disturbance. Aie4- K. it is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Construction Material Rules and Regulations in effect at the time the permit is issued. 4//,01 9. Annually, on the anniversary date of permit issuance, you must submit an annual fee as specified by Statute, and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if there are changes from the previous year). any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees arc for the previous year a permit is held. For example, a permit with the anniversary date ofJuly I, 1995, the annual fee is for the period ofJuly I. 1994 through June 30, 1995, Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as the permittec, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. I0. For joint venture,partnership operators: the signing representative is authorized to sign this document and a power of attorney (provided by the partner(s)► authorizing the signature of the representative is attached to this application. -7 - NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions, changes, and deletions to this docutent 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 trade to the application document. The Office is not allowed to consider comments, unless they arc 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 rev iew and decision or appeals process, you may contact the Office at (303) 866-3567, -x - Certification: As an authorized representative of the applicant. I hereby certify that the operation described has stet the minimum requirements of the following terms and conditions; I. To the best of my knowledge, all significant. s aluablc and permanent matt -made structumis► in existence at the time this application is filed. and located within 'ntt feet of the proposed affected area have been identified in this application (Section 3-1-32.5-115(4w. C R.S.t. No mining operation will be located on lands where such operations are prohibited by law tSection 4-3_'.5-I1S(-I)(fl.C.R.S.: 3. As the applicant operator. i do not have any extraction exploration operations in the State of Colorado currently in violation of the provisions of the Colorado I.and Reclamation Act for the Extraction of Construction \laterials (Section 3J-32.5-120. C.R.S.t as determined through a Board findings. 4. I understand that statements in the application are being. made under penalty of perjury and that false statements made herein are punishable as a Class I misdemeanor pursuant to Section This fount has heen approved ht• the Alined Land Reclamation Hoard pursuant to section i4-32. i-l12,(:R„S-, of the colortrdn Land Reclamation .ace far the Extraction of (Onstruc•tion Materials. Any alteration or modification (lads form shall result in voiding any permit issued on the altered or modified form and snhjea the operator to cease and desist order% and civil penalties for operating without et permit pursuant to section 3-1-32.5-123, CR.R. Signed and dated this \ da• of )\-10 0 m be i' Aggregate Industries - WCR, inc. Applicant Operator or Company Name Title: Regional General Manager state <,f _... ad a count, VerSun t t a0aa If Corporation Attest (Seal) Signed: QSl3�itn{- ,f�c ( orporate Seeret,arx or l pm :dent Tots n (its County Clerk The titrcucsing inctnru�,�nc�,n�t,ssas ackncas Icducd before ntc thi`s(12 ,,,�p day ��f ti�nJ�m,(�(��.-,�tl� ' a d20. by UO . 0_,NL 1C I? �i � � n a � "i L GO ilfilaP Ma U of Pt 154.1(2 �► iGi�kS�frvS —t,t�Qt 1/)� . ef-A Notar, Public Nly Commission expires3 i.-a/4t SIGNATURES MUST BE I\ BLUE t\h You must post sufficient Notices at the location of the proposed mine site to clearly identity the site as the location of a EXHIBIT A Legal Description The proposed permit area is located approximately one -mile northeast of the City of Brighton in Weld County, Colorado. The Baurer Pit permit includes 79.4 acres and is comprised of one new mining area and two previously mined areas. One of the previously mined areas is part of the current Wattenberg Lakes site (M-2004-051) and the second mined area is included in the Baseline Resource site (M-1997-058). These previously mined areas will either be incorporated into the Baurer Pit mining and reclamation plan or avoided. In either case, once the proposed Division of Reclamation, Mining and Safety (DRMS) Baurer Pit permit application is approved, the previously mined areas will be released from the applicable previous DRMS mining permits. According to the Weld County Assessor's Office, the permit area parcels are owned by the City of Westminster and Aggregate Industries — WCR, Inc. Quarter, quarter section description of the proposed permit area: N% of the NE'/4 in Section 36, Township 1 North, Range 67 West of the Sixth Principal Meridian, Weld County, State of Colorado. Latitude/Longitude of main entrance: 40.01124 degrees N 104.83417 degrees W Baurer Pit DBMS 112 Permit Application Page 1 EXHIBIT B Index Map See attached map. Exhibit B: Vicinity Map Baurer Pit DBMS 112 Permit Application Page 2 EXHIBIT C Pre -Mining and Mining Plan Maps of Affected Lands See attached maps. Exhibit C-1: Exhibit C-2: Exhibit C-3: Exhibit C-4: Exhibit C-5: Existing Conditions Map Soils Map Vegetation Map Water Resources Map Pre-Mining/Mining Plan Map Baurer Pit DRMS 112 Permit Application Page 3 4- :0 G ILO AO 460 o 4 >~ m w a P • Cr alt --(al tNFEE1) 1 INCH • 160 FEET LEGEND PO ,' ON/ARY CW• • I I i I •I. •i. _ 'So, atrss a[►• — Ir .., '�' • - W M' tort — — - — PARCLL Loa i(NIX _. `•''-, PARCEL No. 146925000004 . - I AWNED YON16RlNE _ • 1 iRCEEEITERrrl I[iSIWS *GAD _ - _ --- _ (,LISTING WNW, CCN rouge 4621 ERiStireG MAJOR COr•Mule — ---4870- - 11u6TIwG STgeuC1uN 5 D NOTES �. ... _. _.I - __ - ? I \ \ 1, _1��+��-� PL. t- l_ No l 9r,I.Ifi,1u(100 ' � 1.4* it:. I , .� — - _ ❑Ac PIPELINE ." .. ;I .. _ .. .-` �y. ! i \ - `` , { I .J I Jl / 1w �/ 1 \ too, WIOStsmat; 4- ._.._ ...i �" ( /� t 0 z lL �— �- 1 THE PROPOSED BAURER PO PERMIT AREA IS LOCATED IN SECIION 56, TOMNSNIP NORTH, RANC. 61 MST Or THE MYTH PRINUPAL. MERIDIAN, HELD COUNly. Verdi Dr COLORADO 2 TNT CURREEN7I0 PLANNED �AREA AN LUO[S E94 ACRES IpM ONLY 62.2 AC1tC5 RNG ] iWST THE WESICRN SOC Of THE PIMP AMA HAS PRC v10USlY KEN l4WEJ UNDER INC w111T[NBERC LAKES ONSION OF RECLARATION MINING AND SAFETY PLOWT (N-200•-051) • Wm THE FOLLOMWC ERUPTIONS, THE PROPOSED PUS° BOUNDARY FOLLORS PROPERTY PARCEL BOUNDARIES. THE NORTH PERM! BOUNDARY IS A STRACH1 PROW THE NOR1HWESr CORNER Of WELD COUNTY PARCEL No 14{9!5100002 le , NORTHEAST CORNER a PARCEL MP 1.59lSIOOO3S AND TH[ SOUTHERN PEST 80uNDARY FOLLORFS A STRAIGHT LAW rROW THE SOUTHWEST CORNER Or PARE: Ne +46935100002 THROUGH THE SOUTHWEST MO SOUTNEASI CORNERS Of PARCEL No 146925000016. AND ACROSS TO TIE EASTERN EDGE Of PARCEL No • mm*3100036 S ADJACENT LANG USES ARE PRusAIMV AGGREGATE WWWC. ACRICLATWE. ANO SEW -RURAL RE SIDEN TIM PROPERTY DINNERS AND MAN -LADE STRUCTURES VUTHIN 200' OF AFFECTED LAND _.`... •- IN\_. • - - �- �-o "'- 1 M t + 1. - r /:# T u' .. / - - } 1 r .,' 1 • QIK PRKENE 12'ClI DJEFWI -, � 121 .�\(� f. \y �� 3 • - `_ ` ` 1 1 ir .: Ni PARCEL No. 146925000016 II I f` `• ` ` ( 1 ' ^ _ f, -" � i•` .-. { ./Lt -Iv r� - - .). 1 - \ Y �.. i _ .: yy._ .. 4 _-' -- �V .�. ti� •-z L— �,�— _ — _ ... •Ja -- `� ?^---� —as-T '. - - .� . . _ __ -- _ - 1-- - — — - / ; - 1 _ `,r _ .-_ _ W -. _ _ _ -. - .I L .. N t�r> __k___-.,c,r-a.-.;-. ��,� _ '. sR► �`\11,1•._:...‘ �.� 1 ^'J1 ♦ n '' -� .. r` •. - PARCEL _ .. - _ , i - ' �/ No. 14ti936000029 r• - „ .r ;II 1" \ L { -• t' _.�•, _ �_.. _.._.._. - " L\ I - F:'--1- - .. - ‘ _ ... �� \- - (�< \ e. Cr r`l{ . \' t-' �-. I - _- _ . _ -'y �I r -. GAL PIPET -WE ,rP [AURRAYA - 1 .. L PERMIT SOLNDAIIY - - .•.. n b...- /1\ �VJJ ^, — - C O W "� '� 4 N A ; I' 1 ."`� ` _ / _ I ELtMO y P•ar-,.. J R UNITA.. AREA t E•111 ', _ ` i �. I r1 I 1 1 ', • 1 ' ` .. - . -� fCiKE - t t ._ -� .. '_\ ` r, t. _ A _ �.. �`-.' • l PROPERTY OWNER - PARCELS/EASEMENTS/ ROWS MAN-IVLAW. STRUCTURES WITHIN 200 FEET OF AFFECTED LANQ Q %.' IPET(AVIDRCas ENE ILv, IPET 0ASNEM0YI t, r ( � �._• URANDuADFACILITIES -. Aggregate Industrie% WC.R, Inc 1681 Cole Blvd, Suite 30 takewood, CO 80401 3318 146936100035 14/131200093 • Unimproved Road - Fence and Gates - Wells - Culverts it 10 UAW rang, � A �l � ��i�4��tallEr� 7 / }• 3 9EEC1lIK T1IANSMCISIUN LILES ?- ) i11el! _ ()TM ENERUY, , W � 4 a D O v (jai V Z— W —t U '•)Ilk- Q CZ Q 17 m O , W S CC i 7 _ le, L , 4 e - Q, • • 1 1 III�� ' tJ,'' / _ Gtyof Westminster 4800 W 97nd Ave Westminster, CO ey.NoLn4ndiennder 30/ 146936100007. 146975400002 14692500[016 14643600(024 Unimproved Nod fence and Gates Wills \, ' I `,� U \ \ 1 rl t 1 1 �' / sr ', �_ ` f • •� /f 1. \ Y -S I I t.I t I t r a ) i.f Y / B�II{Ori, CO 80603•9206 146975000004 -None Struck, Roby l S27 County Road 231/2 Brighton, CO 8060}9233 146936000042 Fence and Gate \ \\ �� .. i , t PARCEL No. 146936100035 " ? f _ ••••, I _ LAASPMELNE lm Francia,laekAepa 636 CountyROad 231/2 6nghton,CO 80803.9200 146936000030 None Olt AHD GUFACIUTIEL / � •FrRAO-HAA , ,•r. , -_ A ei.;oNENERGY) i ".� I / - - Nall -Irvin Aggregates l tC 301 Centennial Or Milliken, C080S4}3227 146936000031 Fence // ,' ' PARCEL No. 14636000042 • lI Public Service Company of ColoradoQ 1127 Energy i23 West 3rd Avenue Denver, CO 80223 [Attest Transmission Urte Easement Electric Transmission1 Line and Poles -c-ver'�-'r t.. _. \ 1 l ,"r"�1,\ 1 ! � ��A1�' WILL ��EW Z p — F - Q U (n a Z Q — H aal Z CCt O O W U d X (V W Z I — in CC g w D O W EY 1 —� tun,. •• • V 1 •-Al � GATE - .. i __ .. _ / hr• I�- t . FENGE PubITC Service Company or Colorado Kcel Energy 18201 W. 10th Avenue Golden Co 80401 - Gas Line Easement - Gas Pipeline _ — - • r / �E �, ,� �'' unaNNUA9A. WELL - , — --- - Ili �. (\• C \ ,'� t 1 I „ - - ` � \ �- _ , i 1 \� r _ _ _ - - -' \ I — — — •-- - _ _ f �L\ t �.' _l X - FEN( [ . • •_ _ •''i �.' • GRAVEL ROAD .. =,�.. GRAVEL ROAD CLARE M ,. X KP Ktt loran Company Inc U O KE ArWress: Company 3615 S. +[aeon Street, Suite Englewood, CO $0110 'Peterson Oil and Gas Lease • Oil and Gas Facilities and Pipelines -•Ent1 .. _.,,. v _ - 1_ — -- — — 1 II y EnergyOperahng 491 Denver Avenue Lovllrno CO8053/ 3129 - Oii and Uas lease - Oa and Gas Facilities - - ' ' - L PAkl.l l (J l.1tiJ ibOOOO,3U rf ' ' ' -' - - ` - ct I r • ° PARCEL No, 146936000031 _ " OCP Midstream 3/0 11th Street, Suite r 00 7' Denver, CO 80202 • Gas tine Easement Gas Pipeline _„ ' ci �- f wrotEraRlKr I40ME i - i '�.�. I' I ( i �. y �` i' ., v , , Y ,A ,.r. M ... ,_ .-'^ ,.:i .(. ...• .....� � t". .,,sea r., e» .. ri — ' '•• ti Weld County PubLc Works PO Box /S8 Greelev. CO 80637 County Road 231/2 ROW County Road 73 1/2 j t — -' I -'.� .- �` vI • I It It \. \ - _. E \ 14 \ \ • \ \ \ \ .. _ 1 =' ., F _ r. ,, `\ Date Nortkt1ER 1D20 Job No 132-01S Drawn B IAATHtSEN Design B. NATRISEN Checked 9. SCRENOERLEDN Scale t • - 200' Shoot 1 I)I 5 A► + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + .� �. + + + + + + + + + + + \ + + + + + + + + + + + + + + + + 7- + 4 + + + + + + + + + -+-- + + + L + + + -T + + + x Vim. + + + + + + + + + ♦♦. a ♦.♦..♦♦�♦.♦♦♦•./ �V#mr ������������������������4. 4-.,- a a a. AIL AL 41 4 ° I . . ... a 40•#(..-afraRrA7 4- leirs",- + 4 404 t iD 44 br le. �. Nei►��44°Art i a .a. �N�471��t .4,4D4 t + + + + + + + + + + + + • WI + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + 1 + + + + + I + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + 4. PERMIT BOUNDARY + + + + + PERMIT BOUNDARY + + + + + + + T + + + + + + + +.. + + + 1.1 + + + + + + + + + + + + + + + + �- + + + + + f + + + + L --I- + + + + + + -t + + + + + + + .+ ..-)- + + + - - - - IW NO +t - __I-- +- +-� - + + \+ + - + + + �7_ _ ,_3+ + -+ + + + + + �►� + + + + + + + + + + + + + + + + + + + + + + + 4- + + + + + + + + + + + + + + + + + + + +�� + + + + + + + + + -1- 300 LEGEND. 0 300 ( IN FEET ) 1 INCH = 300 FEET PERMIT BOUNDARY SOILS LEGEND 2 3 10 ALTVAN LOAN (0 TO 1 PERCENT SLOPES) ALTVAN LOAN (1 TO 3 PERCENT SLOPES) AOVOLL5 ANO AOUENTS (GRAVELLY SUBSTRATUM) ELLICO TT-EW CO TT SANDY -SKELETAL COMPLEx, RARELY FLOODED (0 TO 3 PERCENT SLOPES) NOTES its r r 1. TRADITIONAL ORGANIC TOPSOIL ON MOST OF THE SITE IS THIN OR NONEXISTENT TO NEARLY 10 INCHES THICK. 2. THE MAJORITY OF SOILS IN THE PROPOSED PERMIT AREA WHERE MINING HAS NOT ALREADY TAKEN PLACE ARE CLASSIFIED AS ALTVAN LOAM AND AOUOLLS AND AOUENTIS. 3. THE ALTVAN LOAMS ARE FOUND ON LEVEL AND NEARLY LEVEL (0 TO 3 PERCENT SLOPES) LAND FORMS. FORMED IN OLD ALLUVIUM DEPOSITED BY MAJOR RIVERS, THESE SOIL TYPES ARE WELL DRAINED AND CLASSIFIED AS HYDROLOGIC SOIL GROUP B. THE WATER TABLE IS TYPICALLY MORE THAN BO INCHES BELOW THE SOILS 4. THE AOUOLLS AND AOUENTS ARE FOUND ON LEVEL BOTTOM LANDS AND FLOOOPLAINS ALONG MAJOR RIVERS AND STREAMS. THESE SOIL TYPES ARE POORLY DRAINED AND CLASSIFIED AS HYDROLOGIC SOIL GROUP D- THEY ARE A DOMINANT SOIL TYPE WITHIN THE PROPOSED PROJECT SITE. THE WATER TABLE IS TYPICALLY FROM 8 TO 48 INCHES BELOW THE SOILS. 5. SOIL INFORMATION WAS GATHERED USING USDA WEB SOIL SURVEY. BAURER PIT AGGREGATE INDUSTR WELD COUNTY. COLORADO O Q J d Q CV a_ U Q J X 0 w w� w0 cn N NOVEMBER 2020 300 0 LEGEND 300 ( IN FEET ) 1 INCH = 300 FEET PERMIT BOUNDARY VEGETATION LEGEND 1. UPLAND VEGETATION 2 PREVIOUSLY DISTURBED BY MINING ACT1V1TIES J. WETLAND VEGETATION NOTES: MIR W r N 1. DUE TO PREVIOUS MINING ACTIVITIES AND GRAZING, LANDS WITHIN THE PROPOSED BAURER PIT PERMIT AREA CONTAIN VERY LITTLE NATIVE VEGETATION. 2. THE WEST SIDE OF THE PROPOSED BAURER PIT PERMIT AREA HAS BEEN PREVIOUSLY DISTURBED BY MINING. WITHIN THE MINING PIT, A MIXTURE OF WEEDS, WETLAND VEGETATION, AND SMALL TRESS HAVE BEGUN TO GROW. VEGETATION IS MOSTLY NON-EXISTENT ALONG THE MINING Pi BANKS AND TOP OF SLOPE WITH ONLY SMALL PATCHES OF WEEDS IN DISTURBED AREAS. J. THE EASTERN SIDE OF THE PROPOSED PERMIT AREA CONTAINS AN UPLAND PASTURE AREA WITH MAINLY NON-NATIVE GRASSES, WEEDS, AND SCATTERED TREES. THE LAKE EDGE CONTAINS A LIMITED FRINGE WETLAND COMMUNI TY. m I AGGREGATE INDUSTR WELD COUNTY, COLORADO Z O Q U a_ Q REGULAR 112 PERM W �- wO cn co NOVEMBER 2020 I i I I I MILE BUFFER CENTERLINE OF BRIGHTON DITCH j MILE BUFFER FEMA FLOODWAY BOUNDARY PERMIT BOUNDARY PERMIT BOUNDARY PERMIT# 251823 \ PERMIT# 50440-MH - r ..gym - PERMIT BOUNDARY PERMIT# 209215 FEMA FLOODWAY BOUNDARY PERMIT# 64750 I PERMIT# 191-WCB PERMIT# 6291-R CENTERLINE OF SOUTH PLATTE RIVER t u �c STILLWATER SKI LAKE PERMIT# 49717-F PERMIT BOUNDARY PERMIT# 50358-F I I I I I 500 I _ LEGEND. 0 500 1 I ( IN FEET ) 1 INCH = 500 FEET PERMIT BOUNDARr GRAVEL ROAD 600' BUFFER J MILE BUFFER NOTES I THE PROPOSED BAURER PIT PERMIT AREA IS LOCATED WITHIN THE SOUTH PLA 10 RIVER DRAINAGE SYSTEM. 2. THE SDLLWA TER SKI LAKE (A HISTORIC MINING AREA) IS LOCATED AT THE EASTERN EDGE OF THE PROPOSED PERMIT AREA. 3 IRRIGATION LATERALS ARO RETURN FLOW DITCHES ASSOCIATED WITH HISTORICAL AGRICULTURAL USE ON THE PROPERTY ARE LOCATED IN THE PROPOSED PERMIT AREA 4 ALTHOUGH WELLS FOR DOMESTIC PURPOSES ARE WITHIN 600 FEET CF THE PROPOSED PERMIT AREA. IMPACTS TO HISTORIC USE FROM THE PROPOSED MINING OPERATION ARE NOT EXPECTED. S A WELL PERMIT FOR EXPOSED GROUNDWATER WILL BE OBTAINED FROM THE COLORADO DIMSION OF WATER RESOURCES. OFFICE OF THE STATE ENGINEER. 6 A SUBSTITUTE OF WATER SUPPLY PLAN WILL BE PREPARED FOR AUGMENTATION OF EVAPORATIVE LOSSES WE TO PROPOSED MINING AND RECLAMATION ACTIVITIES 7 FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FLOOOPLAIN AND FL000 INSURANCE RATE MAP FM080123C2115E (NATIONAL FLOOD INSURANCE PROGRAM, JANUARY 20. 2016). ADDITIONAL JURISDICTIONAL FLOOOPLAIN DELINEATION AVAILABLE FROM COLORADO WATER CONSERVATION BOARD (CWCB). 8 ALL WORK PERFORMED IN THE REGULATORY FLOODPLAIN WILL CONFORM TO THE WELD COUNTY ROOOPIAIN DEVELOPMENT REGULATIONS REGISTERED WELLS WITHIN 600' OF PERMIT BOUNDARY WELL OWNER PERMIT St USE STATUS AGGREGATE INDUSTRIES WCR INC 251823 MONITORING /SAMPLING ACTIVE BAURER, PETER l & EIBERGER, CARL I 6291.R IRRIGATION ACTIVE ME1R0 WASTEWATER RECLAMATION DISTRICT 50440 MH MONITORING /SAMPLING ACTIVE NATIONAL FOOD STORES 191 WCB STOCK ACTIVE BAURER, PETER L & EIBERGER, CARL F 491174 AUGMFNTATI ON DOMESTIC ACTIVE STECKL FIN, JONATHAN 138214-A DOMESTIC STOCK ACTIVE HALL IRWIN CONSTRUCTION 20921' MONITORING /SAMPLING ACTIVE HALL IRWIN CONSTRUCTION 64750 COMMERCIAL. INDUSTRIAL ACTIVE HAIL IRWIN CONSTRUCTION 50358-F OTHER ACTIVE Q BAURER PIT AGGREGATE WELD COUNTY, COLORADO O_ U REGULAR 112 PERM c.) m x W WATER RESOURCE MAP LIT L1_ w O v NOVEMBER 2020 i i • _— �;\(\ I` 1 \ AJ-• 1 1 I • ACM 7] 1/! It PERAIIt SOIINDAI. 14 '.IIM1Vt_m I I 1 I -T I I I I I I I I I I I I I I I I I I 1 L _ _ I I I s C. ✓ •-• PERMI BLUNOARY LOW , '51 6q.N'... - •.1. AND GAS F�t;IUTIE! ..1. %NO tat; FAGBTTIE:: a1IN; OF PREVIOUS TARING AREA StIIM•L LCt.I _l YI~I• .Nh L!TWA TEMIR. :tn�v I I I I I I I I I I I L lPS TAAHOAIICSIDM LINES /, L Wi OF W FUG PERMIT BW/NDA AY I ba I t 700' O i !more_ NP..d.Ia :NE POLES 1RAH.74AbT:AAI LINE PULEC PERMIT BOUNDARY r- •\ - - v YUPPIE, POYNER UNE _. LOG SE79AI.1 Pt SLUNRY NALL Gk. PI H r. Nt5 Ct1A•t I I N I OMR STOCKPILE %TYP,. I DEWATEWNO TRENCH WERE oRofti -- UGC, cT: F -.:.F OK FUND GM: FACILITY - J r' (I e r �..t)'t�` I l/ I� , 1�I�i 1 I PI1NV ANL rrEVM TEN Pis LINE WEAK 11f T�'� FINN ", LOS SET6ACKAA \ i .F ROM EOGR OF LE) 1 , 1 700 OFFSGT f ti t ' i ti \\ u---217Jimns � 1 r \ yie l _ ._ tvr \.Ire IA\ 1 \NI 11%11 i CULVERT 1 tr.EASUPOEH STut ERRE TYPI 1 i PERMIT B.„p.0. m r r • 11 I1 11 1 t \ STILLWATER SKI LAKE 1 1 %\rp 1'byll tot\ tal\ Ito 1,L 1 N RET ' 14W • •yO { . LEGEND MINT ROUNDARY LWt Or LINNO DERAIERNG TRENCH PARCEL LNE RNCE faulty *ALL EWSING ROAD E*SiNO S FOOT CHIN TOUR I nsTNG 2S F001 CCNTOUN .%TAO ITRUCTURES o1REG110M PA mon6 PGLIES •670 - — — --•700 0 c t. ENE PROPOSED BAURER PIT PERMIT BOUNDARY CONTAINS AN AREA PREVIOUSLY mNCO UNDER THE *A 1IENBERG LAKES °PAWN OF RECLAMATION, MINING AND SAFETY PERMIT (M-200•-051) 7 ME PROPOSED PERMIT BOUNDARY ENCOMPASSES &PPM:is: ILLY 70 e ACRES MTH ONLY ABOUT 62 ? ACRES CURRENTLY PLANNED FOR MNING. HOWEVER, THE AFFECTED LAND BOUNDARY ESSENTIALLY FOLLOWS THE KEW BOUNDARY TO ALLOW FOR RECLAMATION ACTIVITIES AND FUTURE POTENTIAL MINING OPERATIONS AREAS NOT DISTURBED BY INNING MAY BE DISTURBED BY ACCESS ROADS, MATERIAL CONVEYING. STOCKPILES. OR OTHER MINING RELATED ACtIMT1ES THE REMAINING AREA WILL CONSIST OF SETBACKS AND ROAD AND UKLIIY RIGHT-OF-WAYS • MINED MATERIAL PALL BE CONVEYED FROM ME WAN MATERIAL' STOCKPILE AREA TO THE RAT TEMBERC. LAKES SITE 01-2004-051) ANiI ULTIMATELY 1O THE PLATTE VALLEY C►ERA TOR 00_19011- 120) FOR PROCESSING ANO TRANSPORT. SLURRY WAIL CONSTRUCTION SHALL OCCUR PRICK TO. OR CONcuRREN' 04TH. TILE MMrNC OPERATION. S SETBACKS FROM THE MMIE PIT TOP D! SLOPE TO THE PROPOSED ►ERMa BOLINOARr at Bf WO FEEL 011 OREAIER. 7 UEMS ORNEO BY NNE APPLKANI OR PROPERTY OWNER LOCATED MTHIN THE PERMIT AREA SUCH AS UN -IMPROVED ROADS, /(MGRS WATER SELLS ANO ASSOCIATED PUMPS, AND OTHER STIIUCTYRE S MAY BE REMOVED OR RELOCATED DURING MINING AND RECLAMATION 6 TEST PITS HAVE KRtFTED THAT COMMERCIAL DEPOSITS Or SANO AND GRAVEL EXIST UP 10 JO MI BELOW INE SURFACE OF ME GROUND • MINING IS EXPECTED TO ENCOUNTER GROUNOWA TER WITHIN 10 FEET Of THE ()ROUND SURFACE THE DEPOSIT WKL BE DRY MINED USING (*WATERING TRENCHES AND PUMPS 10 BEST MANAGEMENT PRACTICES WILL K USED 10 UWI DISCHARGE OF STORMITATER AND SEDIMENT ONTO ADJ C.EN1 PROPERTIES AND WATERWAYS TYPICAL MINING SECTION AT PERMIT BOUNDARY 5. r °Koons 1 25' AGGREGATE MOD MW r MINING �MIGIIWAIL HisION GROUND „ow suet( WALL WORKINC PAD SLURRY WALL MINIM BAURER PIT 112 PERMIT APPLICATION cc J w If: NOVEMBER 2O20 Job N.. 137.01) linTnIMMAMMIZI [as_ 1"'3 r in:ltJ'�11 .r'�1i �gll4.!.I.i• RR1 4.F� 19 Sc6 Sheet 5 5 EXHIBIT D Mining Plan The proposed DRMS Baurer Pit permit area is approximately one mile southwest of the Aggregate Industries Platte Valley Operation (M-1989-120), which supplies aggregate construction materials to much of Weld County and the Denver metro area. The proposed Baurer Pit permit area contains substantiated resources to continue the aggregate supply in this region of Colorado. Supplementing resources at the Platte Valley Operation, new supplies from the proposed Baurer Pit will continue to provide construction materials to meet the Colorado Front Range demand. Introduction and Overview The proposed Baurer Pit permit area is currently owned by the applicant (Aggregate Industries — WCR, Inc.) and the City of Westminster and consists of general agriculture and previously mined areas. The eastern edge of the permit boundary is located about 1,500 feet from the South Platte River. The previously mined areas include an active aggregate pit over most of the western half of the property (Wattenberg Lakes site, M-2004-051) and a small portion of an adjacent mine pit to the east that has been reclaimed into a ski lake (Baseline Resource site, M-1997-058). The area of the site that is undisturbed by mining activities contains general agricultural land. In general, drainage on the site flows from west to east towards the South Platte River. However, the property is relatively flat and the adjacent ski lake likely intercepts all easterly surface water flow from the property. Permit Boundary Definition The proposed permit boundary is consistent with property parcel boundaries with the following exceptions. For the entirety of the north permit boundary, the boundary line is straight from the northwest corner of Weld County Parcel No. 146936100002 to the northeast corner of Parcel No. 146936100035. The southern permit boundary follows a straight line from the southwest corner of Parcel No. 146936100002, through the southwest and southeast corners of Parcel No. 146925400002, and across to the eastern edge of Parcel No. 146936100035. Affected Land Boundary Definition The proposed permit boundary will encompass approximately 79.4 acres with only about 62.2 acres currently planned for mining. However, the affected land boundary follows the permit boundary to allow for associated mining activities and reclamation operations. Areas not disturbed by mining may be disturbed by slurry wall construction, access roads, stockpiles, material transporting, or other reclamation related activities. The remaining area will consist of setbacks and road and utility right-of-ways. Baurer Pit DBMS 112 Permit Application Page 4 Land Uses The proposed Baurer Pit permit area currently consists of general agriculture and areas of previous sand and gravel mining. With the exception of a few semi -rural residential home lots, surrounding land uses are primarily aggregate mining and agricultural. East of the South Platte River, more industrial and commercial activities dominate the U.S. Highway 85 corridor. Items owned by the applicant located within the proposed permit area such as un-improved roads, fences, water wells and associated pumps, and other structures may be removed or relocated during mining and reclamation. There are established oil and gas wells with associated storage tank facilities and pipelines located on the property. The applicant is currently in discussions with the structure owners to relocate the facilities. However, the facilities, along with other structures, easements, or right-of-ways not owned by the applicant will not be disturbed without prior permission (see Exhibit C-1, Existing Conditions Map). None of the easements, right-of-ways, or associated structures are expected to be negatively affected by mining or reclamation operations. Nature of Deposit to be Mined The proposed permit area is located in the part of the South Platte River basin described as the Colorado Piedmont section of the Great Plains physiographic province. The western most boundary of the South Platte River basin originates at the Continental Divide in the Rocky Mountains southwest of Denver. From its origin, the river and its tributaries flow northeast through the Rocky Mountain Front Range foothills and across the relatively flat topography of western Adams and Weld counties. Aggregate materials within the proposed permit area are composed of unconsolidated sediments that could partly be of Tertiary age, but are mostly of Quaternary age. Below the ground surface, up to five feet of sandy clay overburden overlays approximately 25 feet of alluvial sand and gravel deposits. Traditional organic topsoil ranges from thin or non-existent in flood scoured areas to 10 -inches thick or more. Most of the soils are clay loams, sandy clay loams, or gravelly substratum. Native soils and overburden for the site were likely developed from loamy alluvium and eolian deposits of clay and silts. The aggregate deposits and loamy soil overburden material are underlain by sandstone, claystone, and siltstone that is likely part of the Upper Transition Member of the Pierre Shale. Mine Phasing Aggregate Industries anticipates mining and reclaiming the proposed Baurer Pit site in approximately 2 years. However, the rate of mining and overall life of the mine is dependent on several factors including product demand. Test pits have verified that commercial deposits of sand and gravel exist up to 30 feet below the surface of the ground. In addition to the commercial sand and gravel materials, clay, silt, and other non -marketable materials excavated from the proposed permit area will be used on -site for reclamation. The mining plan currently includes mining in one phase. It is anticipated that the existing, active mine pit in the western half of the site will be mostly reclaimed concurrently with mining of the eastern portion of the site. As new areas of the property are mined, non -marketable materials will Baurer Pit DBMS 112 Permit Application Page 5 be used to begin reclamation of the previously mined area. Reclamation of the previously mined area shall occur from west to east, while new mining is anticipated to occur from the east side of the permit area to the west. This may temporarily create two separate mining pits during the single phase of mining. A material conveyor will be established and `pit run' aggregate will be transported through the Wattenberg Lakes site (M-2004-051) and to the Platte Valley Operation site (M-1989-120) for processing. A summary of mining phases is presented in the following table. Mine Phasing Summary Mine Phase Number of Mine Cells Total Acreage (acres) Duration (years) Phase 1 1 62 2 Even with the proposed permit area being mined in only one phase, mining will be integrated with concurrent reclamation activities. In general, as mined out areas of the property become accessible for reclamation activities, highwalls along the edges of the mine cell will be backfilled and rough graded to create a minimum of 3H:1 V side slopes. Rough contouring will take place during mining while fine contouring, topsoil placement, and establishing vegetative cover will be one of the last steps in the reclamation process. The contour blending will avoid steep slopes and create a topography that produces a smooth transition from the mined areas to the adjacent land surface. Setbacks from the mining area top of slope to the proposed permit boundary will generally be 100 feet or greater. These setbacks, from the near vertical mining face to the permit boundary, are a minimum of twice the adjacent excavation depth to mitigate stability risks. The setback also allows room for slurry wall construction during final reclamation activities. Within the proposed permit boundary, several structures not owned by the applicant shall be relocated so that the mine plan can be completed (see Exhibit C-5, Pre-Mining/Mining Plan Map). These structures include oil and gas facilities and collection pipelines owned by KP Kauffman and Peterson Energy. Until these structures can be removed, structure agreements can be secured, and/or engineering slope stability analyses can be performed, mining will remain a minimum of 200 feet from the structures. Additional structures within the proposed permit boundary not owned by the applicant include electric transmission line poles owned by Xcel Energy (see Exhibit C-5, Pre-Mining/Mining Plan Map). The powerline poles are adjacent to the existing mine pit on the property and additional mining and reclamation activities will not occur within 200 feet of the poles until structure agreements can be secured and/or engineering slope stability analyses can be performed. Mining Methods Since groundwater is expected to be less than ten feet below the ground surface, a slurry wall is planned to be constructed around the mining cell prior to, or concurrent with, the mining operation. More detail regarding slurry wall construction is provided in Exhibit E, Reclamation Plan. Within the slurry wall, or until the slurry wall is constructed, the deposit will be dry mined using Bawer Pit DBMS 112 Permit Application Page 6 dewatering trenches and pumps. Prior to new excavation, trenches will be cut along the perimeter of the cell area to begin dewatering the sand and gravel material. The trenches will extend through the overburden and alluvium to bedrock and direct groundwater flow to sumps for pumping to the adjacent ski lake (Stillwater Ski Lake). Dewatering flows into the mining cell typically contains very little sediment and these sumps usually allow enough sedimentation for pumped discharge to meet Colorado Department of Public Health and Environment standards. However, if necessary, water from the trenches will be circulated through a settling basin prior to it being discharged to adjacent drainage ditches and/or the Stillwater Ski Lake (see Exhibit C-5, Pre-Mining/Mining Plan Map). Earth Moving Areas to be mined are first prepared by removal of topsoil and overburden. Each preparation area may be as much as 100 feet wide along the anticipated mining face. Usually, only enough area is stripped and prepared to provide the estimated needs for the next 10 to 14 months of mining. Where it is found, surface topsoil material will be stripped separate from the underlying, deeper subsoil or overburden material. This topsoil layer contains most of the soils organic matter and will be stockpiled separately for use in reclamation. Once the topsoil has been removed, the rest of the overburden will be stripped and used immediately for backfilling or stockpiled for future reclamation. When the alluvial material is exposed and sufficiently dewatered, the aggregate material will be recovered using equipment typical for sand and gravel mining operations. Earth moving equipment may include, but is not limited to, dozers, loaders, scrapers, and excavators as mining progresses to a depth of approximately 30 feet below the surface. The alluvial material is an unconsolidated deposit and, therefore, no blasting is required. During mining and reclamation activities, watering trucks for dust control will be used as needed. The aggregate material from the cell will be temporarily stockpiled within the cell or immediately conveyed off -site for processing. The final design of the material conveyor on the Baurer Pit site is not yet available. Ground and soil conditions will need to be evaluated prior to final design. However, it is not anticipated that permanent concrete footers will be necessary for the conveyor. If concrete footers or other constructed supports are necessary, all structures will be removed to a minimum of one -foot below ground surface during reclamation activities. The active mining face will extend no more than 500 feet in length. During mining and prior to reclamation, the mine walls will be a nearly vertical to %H:1 V slope (see Exhibit C-5, Pre- Mining/Mining Plan Map). Mining will progress down to the depth of quality aggregate material or about 30 feet below the surface. As stated previously, backfilling and/or grading of side slopes shall follow behind the mining activities as closely as is practical. As mining progresses, topsoil, overburden, and non -marketable materials will be removed and used in reclamation activities. If not used immediately for side slope backfilling, topsoil and overburden will first be stockpiled along the east and south sides of the permit area. Topsoil and overburden stockpiles will be configured to have side -slopes no steeper than 3H:1 V. If the stockpiles are inactive for more than one growing season they will be seeded with the fast growing grass seed mixture below. Baurer Pit DBMS 112 Permit Application Page 7 Stockpile Grass Seed Mixture Grass Species Rate (#PLS/acre) Intermediate Wheatgrass 5.0 Russian Wildrye 4.0 Triticale (sterile hybrid of wheat and rye) 1.25 Rates are for broadcast seeding. Long-term stockpiles are not anticipated. Temporary stockpile materials will continually be used for reclamation and the stockpiles will likely be disturbed on a frequent basis and seeding the stockpiles may not be practical during the course of the operation. If stockpile seeding is not used, surface roughening will be maintained to limit wind and water erosion. The Baurer Pit proposed permit area is within the regulatory floodplain of the South Platte River. Because of floodplain regulatory restrictions, stockpiling will occur within the mining cell whenever possible. Stockpiles within the regulatory floodplain above the existing ground surface will be created parallel to potential South Platte River flood flows when possible. The stockpiles will also be no longer than 500 feet, with sufficient area between adjacent stockpiles for flood flows to pass (see Exhibit C-5, Pre-Mining/Mining Plan Map). Additionally, temporary structures such as the material conveyor will be constructed in accordance with local floodplain regulations. In order to gain an understanding of the extent of the mining operation, it is helpful to know the acres disturbed by different aspects of the mining operation. Each aspect is listed in the following table with associated disturbed area. The table illustrates a point in time where the mining disturbance could be at its maximum. At the proposed Baurer Pit site, it is assumed that the mining disturbance will be at its greatest when the new mining area is mined out, but the slurry wall has not yet been installed. During this scenario, the previously mined area will have been backfilled and rough graded to 3H:1 V side slopes, but the newly mined out area will still have exterior highwalls that need backfilling and grading. Baurer Pit DBMS 112 Permit Application Page 8 Mine Operation Aspects and Disturbance Areas Aspect Mining Operation Disturbed Area (acres) A Active Mining Area: 1. Near vertical 1,500 linear feet of mining face and exterior mine cell wall averaging 30 feet deep requiring backfill to create 3H:1 V side slopes 2. Rough grade backfill to 3H:1 V side slopes 3 B Slurry Wall 1. Slurry wall working pad alignment (100' wide x 7,300 linear feet x 30' deep) 2. Rough grade slurry wall working pad 17 C Miscellaneous Disturbed Areas 1. Scarify conveyor and staging areas 2. Scarify internal haul road and main entrance areas 3. Scarify stockpile areas 6 D Final Reclamation 1. Replace topsoil on upper two vertical feet of Active Mining Area side slopes (6' x 1,500' x 0.5') 2. Replace topsoil on upper two vertical feet of concurrently reclaimed reservoir side slopes (6' x 5,800' x 0.5') 3. Replace topsoil on slurry wall working pad area (100' x 7,300' x 0.5') 4. Replace topsoil on conveyor and stage areas; internal haul road and main entrance areas; stockpile areas 5. Seed all areas in Aspects D1, D2, D3, and D4 6. Re -seed 1 Total Disturbed Area 27 Diversions and Impoundments Roads and adjacent mining activities will effectively minimize stormwater surface run-on to the mining site, so run-on diversion structures are not anticipated. The existing grade of the proposed permit area generally drains to the South Platte River. To manage stormwater run-off, stormwater that falls directly on the affected area will be contained in the active mining cell. The mine cell will effectively contain stormwater flows and prevent surface runoff from the site. Stormwater entering the active mining cell will be controlled in the groundwater dewatering trenches and, if necessary, circulated through a settling basin prior to being discharged to the Stillwater Ski Lake. Baurer Pit DBMS 112 Permit Application Page 9 Material Processing and Associated Facilities Pit run material will be conveyed off -site for direct use or processing at the Platte Valley Operation site (M-1989-120). On -site, raw material may be hauled or conveyed to temporary stockpiles prior to being conveyed off -site. No scale house will be necessary at the proposed Baurer Pit site. Commodities to be Mined and Intended Use Sand and gravel for use as construction materials will be the primary products produced from the proposed Baurer Pit site. Test pits have verified that commercial deposits of sand and gravel exist up to 30 feet below the surface of the ground. In addition to the commercial sand and gravel materials, topsoil and overburden materials will be used on -site for reclamation. Use of Explosives Since the material is unconsolidated deposits, no explosives or blasting is required. Baurer Pit DRMS 112 Permit Application Page 10 EXHIBIT E Reclamation Plan This plan covers the proposed Baurer Pit site including a single phase of mining. Reclamation activities have been coordinated with the property owners and are intended to meet the proposed final land use. Final Proposed Land Use The current land use for the Baurer Pit property is a combination of active aggregate mining and general agriculture. The proposed final land use for the property is for developed water resource. This land use of developed water resource is consistent with existing and future land uses in the area. Properties north, south, and east of the proposed permit boundary include proposed, active, or historic mining operations and developed below -grade water storage. The desired reclamation in the mining cell will create a single below -grade water storage reservoir. General Overview of the Reclamation Plan Reclamation of the proposed Baurer Pit site is fairly straightforward. Lining the mine cell will require establishing a relatively impermeable seal on the bottom and sides of the excavated area. The liner will effectively separate the water inside the reservoir from adjacent alluvial groundwater and potential bedrock groundwater below. Slurry wall technology has been used successfully in many situations to provide the vertical, relatively impermeable barrier between alluvial groundwater and below -grade reservoirs. At the Baurer Pit site, as in many areas of Colorado, the shale and claystone bedrock encountered below alluvial deposit provides an excellent low permeability barrier for the bottom seal of below -grade reservoirs. Based on this understanding, conditions at the Baurer Pit site are ideal for slurry wall construction and below -grade water storage. Except for reservoir slopes below the reservoir high water surface elevation, all areas disturbed by mining activities will be prepared with topsoil and revegetated during reclamation. Revegetation will generate a blend of upland grass species. Given suitable precipitation, seeding should produce good vegetation cover over much of the reclaimed site. The material conveyor and any other structures associated with mining will be removed from the site during final reclamation activities. Roads not necessary for future access and other disturbed areas will be reclaimed with topsoil and vegetative cover to stabilize the areas and minimize erosion. Reclamation Measures/Materials Handling All available topsoil and overburden material will be used for reclamation. Similar to mining, earth moving equipment may include, but is not limited to dozers, loaders, scrapers, and excavators. Additional farm equipment for grading and seeding may be used for revegetation activities. Baurer Pit DBMS 112 Permit Application Page 11 All backfilling and grading will be done to stabilize the material and control erosion. Final grading and seeding will be done as soon as possible after backfilling, grading, and topsoiling have been completed. The reclamation will not leave high walls on the property. In addition, there will be no auger holes, excavations, or shafts left on the property. Materials Handling - Baclfilling Backfilling will primarily be associated with the creation of reservoir side slopes. Topsoil, overburden, and non -marketable material excavated during mining will be used almost immediately since backfilling of reservoir side slopes will be concurrent with mining,. However, small temporary stockpiles may be created within or along the edge of the mining cell. When sufficient material is available in the stockpile, the material shall be used where necessary for reclamation activities. It is anticipated that sufficient overburden material will be available on -site for backfilling of reservoir side slopes. If it is determined during mining that there is not enough on -site overburden to create the required side slopes, exterior cell walls may be mined at 3H:1 V slopes. Alternatively, backfill material may be imported from off -site. The use of additional backfill material from off -site is not anticipated. However, prior to receiving any backfill material from outside the proposed permit area, the operator will provide notice with information that includes the backfill location and volume of off -site material to be used, an affidavit certifying that the material is clean and inert, an approximate time frame for backfilling with off -site material, and an update regarding material placement procedures and the final reclamation configuration. There will not be known toxic or hazardous materials in the on -site or off -site backfill material used. Materials Handling - Grading Once backfill is placed to the approximate final grade for side slopes and other disturbed areas, the areas will be rough graded to establish final elevations, slopes, and transitions. Final grading will include addition of topsoil and surface preparation for revegetation. The topsoil placement and final grading shall be performed as soon as is practical prior to seeding for revegetation. Special attention shall be given to transitions from reclaimed areas to undisturbed land. The final topography will not create new surface drainage directed onto adjacent properties. Materials Handling - Slurry Wall Construction As stated previously, slurry wall technology has been used successfully in many situations to provide a vertical, relatively impermeable barrier between alluvial groundwater and below -grade mining cells. Slurry walls (also known as slurry cut-off walls or slurry trenches) are non-structural barriers constructed underground to stop the flow of groundwater. Soil-bentonite slurry walls are the most common type of slurry wall used in Colorado and this type of slurry wall shall be used at the Baurer Pit. There will not be known toxic or hazardous materials in the slurry wall or backfill material. Baurer Pit DBMS 112 Permit Application Page 12 The slurry wall will be constructed with a long reach excavator, clamshell, or other suitable trenching equipment. A trench approximately 3 to 5 feet wide and 100 to 150 feet in length is established by excavating through the entire length of the alluvium and several feet into the shale bedrock below. The average slurry wall depth from top to bottom will be approximately 30 feet. The trench is filled with slurry that stabilizes the excavation and begins to seal the sides of the trench. A blend of soil excavated from the trench, dry bentonite, and borrow soils are mixed at the surface and placed into the trench in a semi -fluid state by a bulldozer or second excavator, displacing the bentonite slurry in the trench. As backfill is added, additional trench is excavated and the displaced bentonite slurry fills the new length of trench. Once the backfill operation is complete, the soil-bentonite backfill sets up slightly and acts like a soft clayey soil. The upper few feet of the trench are backfilled with clean soils to stabilize and protect the top of the slurry wall. Other considerations for slurry wall construction include a stable and sizable working area along the trench alignment. The potential slurry wall alignment on the outside of the Baurer Pit mining cell is primarily on stable, native soils and should not present a challenge for construction equipment. Preparation of the slurry wall alignment includes grading a 50 to 100 -foot wide, relatively flat working space along the mining cell top of slope. When slurry wall construction is complete, the working space will be final graded for stability and an operations and maintenance access route will be left in place. The route will be reclaimed with topsoil and grass seeding as a low traffic dirt road. Slurry Wall Performance Standards. According to the Colorado State Engineer's Office (SEO), the intent of the slurry wall design (design standard) is to achieve groundwater inflow (leakage rate) into the below -grade mining cell that is not greater than 0.03 ft/day (1 x 10-5 cm/sec) multiplied by the length of the perimeter wall in feet multiplied by the average vertical depth of the perimeter wall as measured from the ground surface to the mine cell bottom along the toe of the cell side slope, plus 0.0015 ft/day (5 x 10-7 cm/sec) multiplied by the area of the bottom of the liner system or natural bedrock bounded by the perimeter wall (State Engineer Guidelines for Lining Criteria for Gravel Pits, August 1999). The performance standard shall be three times the design standard and shall be applied to an initial test of competency of the liner, as well as to the ongoing operation of the reservoir. The initial test will include a water balance analysis to demonstrate that the balance of the inflows and outflows equals the change in storage volume over a minimum of a 90 -day period. Topsoil and Revegetation Re -vegetation will only include grass seeding of disturbed areas. No tree or shrub planting is planned. Where required, topsoil will be replaced to a depth of approximately four to six inches. Topsoil will be placed after rough grading of reservoir side slopes and slurry wall construction is completed. As the area is reclaimed, runoff or excess water from adjacent areas will not be allowed to flow over slopes being graded and seeded. If needed, temporary berms or channels will be constructed to divert excess water and dispose of it in a safe and non -erosive manner. Seeding of disturbed areas will be done as areas are finished with preparation including topsoil spreading and final grading. Planting will be most successful if done between mid -November and the end of April. Planting can be performed in May if necessary, but after May it is not advisable Baurer Pit ARMS 112 Permit Application Page 13 to plant. Planting before November is not advised as the potential for a warm growth environment and early germination would likely result in a major failure of the revegetation and require reseeding. Although not proposed at this time, fertilizer may be applied to re -soiled areas in a manner that will encourage emergence and survival of the grasses without encouraging competition from weeds. Starter fertilizer could be applied before, or at the time of, seeding. If necessary, full fertilization should be applied after emergence. Fertilizer mixtures need to be based upon soil tests made on samples taken from re -soiled areas prior to seeding. If a significant invasion of noxious weeds occurs after seeding, the weeds will be mowed before they can go to seed. The areas will be mowed periodically for additional control as needed. Mechanical control will be used as a first priority. Chemical methods will only be used if no other alternative produces acceptable results. Periodic inspection for noxious weeds, at least once a year early in the season, will be done. The weed inspection will search for not only the expected species but also any new List A or B species introductions. It is likely that non -noxious and List C species will also be found. Non -noxious weeds, which are often native invaders, do not need to be controlled, but if the population of a List C species is controllable then it will be included in the control program. List C noxious species are problematic but are usually not as serious as List B species. List B species in Colorado and utilized for Weld County weed management include: Absinth wormwood, Black henbane, Bouncingbet, Bull thistle, Canada thistle, Chinese clematis, Common tansy, Common teasel, Corn chamomile, Cutleaf teasel, Dalmatian toadflax, Dame's rocket, Diffuse knapweed, Eurasian watermilfoil, Hoary cress, Houndstongue, Jointed goatgrass, Leafy spurge, Mayweed chamomile, Moth mullein, Musk thistle, Oxeye daisy, Perennial pepperweed, Plumeless thistle, Quackgrass, Russian knapweed, Russian -olive, Salt cedar, Scentless chamomile, Scotch thistle, Spotted knapweed, Spurred anoda, Sulfur cinquefoil, Venice mallow, Wild caraway, Yellow nutsedge, and Yellow toadflax. All List A species must be eradicated by law. These weeds include African rue, Bohemian knotweed, Camelthorn, Common crupina, Cypress spurge, Dyer's woad, Elongated mustard, Giant knotweed, Giant salvinia, Hydrilla, Japanese knotweed, meadow knapweed, Mediterranean sage, Medusahead, Myrtle spurge, Orange hawkweed, Purple loosestrife, Rush skeletonweed, Squarrose knapweed, Tansy ragwort, and Yellow starthistle. The current complete list of noxious weed species and local management plans is available from the Weld County Weed Division. The seed mixture for disturbed areas presented below was provided by the Natural Resources Conversation Service for mine land reclamation in the region of the proposed permit area and is comprised of native upland grasses. Drill seeding is the preferred method for revegetation. If broadcast seeding is necessary on steep slopes or in excessively rocky areas, success can be encouraged by broadcasting onto growth medium that is very loose. If the seed is broadcast in those circumstances, then the seeded area will be dragged to help bury the seed. Baurer Pit DRMS 112 Permit Application Page 14 Upland Grass Seed Application Rate* (#PLS/acre) Western Wheatgrass 4.8 Blue grama 0.3 Side -oats grama 1.0 Big bluestem 1.7 Switchgrass 2.0 Green needlegrass 1.5 TOTAL 11.3 *Application rate is for drill seeding. If seed is to be broadcast, the application rate will be doubled. Wildlife Current wildlife conditions and potential impacts are described in Exhibit H, Wildlife Information. Water — General Requirement To minimize the effect on the prevailing hydrologic balance, the operator shall: a. Comply with all applicable Colorado water laws. b. Comply with all applicable Federal and State water quality laws and regulations. c. Comply with all Federal and State requirements for dredge and fill. d. Perform all work to minimize erosion and sediment transport. Current water resource conditions and potential surface water and groundwater impacts are described in Exhibit G, Water Information. Groundwater — Specific Requirements The mining and reclamation activities will not affect groundwater quality on or off the site. The operation will comply with State groundwater quality standards. Due to the absence of significant sources of potential pollutants, groundwater quality monitoring is not required in this operation. A Substitute Water Supply Plan (SWSP) for the replacement of stream depletions associated with mining operations will be obtained from the SEO. Additionally, a well permit for exposed groundwater in the proposed permit area will be obtained from the SEO. Potential impacts from mining in the proposed permit area are described in Exhibit G, Water Resources. Baurer Pit DRMS 112 Permit Application Page 15 It is not anticipated that the Baurer Pit mining and reclamation activities will significantly affect groundwater use surrounding the mine site. However, Exhibit G, Water Information, illustrates and describes existing registered wells within 600 feet of the permit boundary. Although damages are not anticipated, it is the intent of the applicant to operate responsibly and to mitigate potential damages to wells that are directly attributable to the mining and reclamation of this site. Buildings and Structures No buildings or structures associated with mining activities will be left in the proposed permit area following reclamation. Signs and Markers 1. Permit notification signs will be placed and maintained at the entrance to the operation. 2. The permit boundary will be identified where it is not already identified by fences or suitable markers. All signs and markers will be removed upon permit release. Baurer Pit DBMS 112 Permit Application Page 16 EXHIBIT F Reclamation Plan Map See attached map. Exhibit F: Reclamation Plan Map Baurer Pit DRMS 112 Permit Application Page 17 a • I TI, •I, 'Pe • r, —�' C' 0 / ;:1T V% • I\�� I:I\ 5.. h 1 Nil V AXE OUPFER ; I 1 1 mom 'awake: /r\ E•, ) 1 i — i\ \/`'li `o1`l /1. N. \\ \ E i r \ [ . V 1 1 1 1 I I —i I I 1 1 JAIL • J • f � \ SL dn...:.• NIIIMr•orNinInalf Nam N�_ ..... PEAWf 1101.14 -MUTT y DATE' FENCE i // ti CULVERT �•• % 1 • �\ L 1 • l 1 v p r• `' 1% I) — J L-� I • \ R — 1 li W 1:` .k • I \ / .;`-- .I \ \ 11 1 - ' /. a...0.,,-----.,--.. +..�.� --T L— ��G'" �G •,Prvfl RJAO' ` - 61.UNRV AVAIL - r�. 0� n / r � C: -�� / \ /14 V \\ / it I —" ,• / 7 -♦ -��� Y.; W FSE r \ T NµWIS6E0N LNE POLES SLURRY VYALL I I T PE EMIT GLIVNOARY I r /.' ' 1 II .-�-��._._.�� f. EOM POWERENE 1 ' IA _ OILS Precuts \•( �,. _r ,., a a i• EI III) I I' Rn ( I 6 G /� PIN a 6Et•ACK Ll I .iI I I _ I 0 ElEti►C TRAN6.16►RiN l.NE5 l _ I� I: HII I II�III )li' II I, MI !'/ - ; XII, ., IAX.Y:a D„ a ES 1 II WI 4 'ILL 1 aant4 4. 1 Ill. ",.,., • 4 ATE ENTNANCI s L // I ) II II II I I ( ▪ v _ / TRAII(R WWON LNE POLES / 100-SETEACX ■ erta•t•mait• EmmEi re) ••immani ••0mm••sw•�••�•■ • "—fall. _ JI.AVE.t f �`' - ,- - — yew* \ \ \ 7 \ \ (L�% • L .... I, 1 1 • 1 J • �\ CULVEPI -t- \ 1. \\ 7 I �a\\ •>% \ 1t ?- ��, \ 1' n \1 ~" V/ J •• I u u EMI RAI in' SETBACK FROM MINCE IA\EI i • • -- PI.AWi EUUNOAA• J5/ 74-1E ' • • I •• \\\ °AtI / \ \ al 1 \ 1 F 1 1 V 1 1 STILLWATER SKI LAKE t 1 - 1 \- 11 '1 11 \ o I 1 1 11 11 11 1 11• \ 1\ \ ,1 \ 11 11 11 11 ,1 ( ,• j.At r. - J V l ,Ta NCI { M FEET I 1 Pal . 1110 FEET .EGEND PERM •0UN0444 PARCEL toil FIN E SLtAll• Mu L[ISDNG ROAD i*IS11ND MINOR CONMuff :[M1TING MAJOR CON10uR . ROPOND MP1011 [1)40001 ?IMPOSED MAJOR C0410J1 •''nTU �• 4071 - - - -41170- 870-- 1 THE PROPOSED FINAL LAND USE FOR BAURER PIT IS DEVELOPED *AID? RESOURCES 2. THE MINE CELL FALL BE SEALED IO CREATE A BELOW -GRADE WAIER STORAGE RESERVOIR I THE RESERVOIR SHALL BE CONSTRUCTE0 10 MEET STATE ENGINEER • Oriel OPERATIONAL. PERFORMANCE STANDARDS • W PREPARATON FOR SLURRY MAIL CONSTRUCTTON, A COMONA1107. ROAD AND MORXING PAO Mit BE GRADED ALONG THE WARY MALL ALIGNMENT THE GRADING MALL PRODUCE A RELA WELY FIAT, STARE SURFACE APPROXAIATELY So TO 100 FEET IN MOTH S SLURRY MAIL CONSTRUCTION INCLUDES A S TO 5 -TOOT MIDE TRENCH KEYED A MINIMUM OF I FEET INTO SHALE BEDROCK. 6 SLURRY WALL SHALL BE CONSTRUCTED VAIN BENTONITE SLURRY. A BLEND Or SOIL EtCAVATLO FNMA THE TRENCH. DRY BENTONITE, µD BONBON SOILS / All STRUCTURES ASSOCIATED MTN MNMG MIL BE REMOVED fR0• THE SITE DURING FINAL RECLAMATON ACT4ATIES B All Ay/LAMLE TOPSOIL AND OVERBURDEN MATERIAL RILL BE USED FOR nocrILNC AND RECLAMATION 9. FINAL SLOPES FAll NAVE SH,1V GRADE OR PLATTER. 10. DISTURBED UPLAND AREAS NOT WITHIN THE RESERVOIR SHALL BE REVECEIAIED WIN THE ICALOM7N0 NA Dvt GRASS SEED MIXTURE APVI-It 411RTS- R_\TE• Ilbs PLSIleerel GPI.A\T) GRASS SC ED WESTER.\ WILEATGRA`iS a • l - • • I I;S:'el: • 1.1? i " I S G,_ T.. EM 7 SW I' 1 " SS It SEED IS TO BE BROADCAST THE APPLICATION • 11 PERIODIC INSPECTION FOR NOXIOUS WEEDS. Al LEAST ONCE A YEAR EARLY IN THE SEASON, WILL DE DONE AS PART R A HEED MANAGEMENT PLAN 12 BEST MANAGEMENT PRACTICES WEL BE USED TO CONTROL EROSION AND SUSPENDED SEDMIENT RUNOFF FROM THE SITE DURING R(CLAMATION ACTIVITIES YPICAL RECLAMATION SECTION AT PERMIT BOUNDARY 5' .: -BURVEre SO' I TOO MN TOP SOIL SLURRY MALL — TOP SO. EIS IOR.C W Ots•D RECLAIMED SLOP1 lit - MiNiNG I. DOR BACK1 .l l 111NNG HICHWA.I .•A 1 8 2 it ys BAURER PIT w D g Ug Z_ N? LL Ll.l S CD ? CD Q 112 PERMIT APPLICATION CC J w aa.. L QZ EL J � a a E. O xQ L1J U W or Dale NDVEMEIER 7OU Job No Drawn Design B MATHISfN Checked B SCKN0EREE+N Scale Shoot 7S)-01.1 B N4t4 TM T N 1 UT 1 EXHIBIT G Water Information The proposed Baurer Pit permit area is located in Section 36, Township 1 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado. The property contains substantiated aggregate resources and consists of general agricultural lands and previously mined areas. A significant area of the proposed Baurer Pit permit boundary previously mined under the DRMS Wattenberg Lakes (M-2004-051) permit, will be included with the new mining area in the final reclamation below -grade water storage reservoir. Introduction and Overview The eastern edge of the property is located about 1,500 feet from the South Platte River. In general, drainage on the site flows from west to east towards the South Platte River. However, the property is relatively flat and the ski lake adjacent to the east side of proposed permit area, reclaimed from a previously mined area within the Baseline Resource site (M-1997-058), likely intercepts all surface water flow from the property. Other water resources on or near the site include the Huett Seepage Ditch that flows from the north end of the ski lake and continues north through the Wattenberg Lakes site (M-2004-051). The Brighton Ditch runs south to north approximately 1,000 feet west of the proposed permit area. No impacts to the Huett Seepage Ditch or the Brighton Ditch are anticipated from mining and reclamation activities. Domestic water wells and monitoring wells are also located on and near the site (see Exhibit C-5, Water Resource Map). Current water use on the proposed Baurer Pit site is associated with previously mined areas. Evaporative losses from the ski lake (Baseline Resources, M-1997-058) and open mine pit area (Wattenberg Lakes, M-2004-051) are currently augmented under separate SWSPs with the SEO. Water use within the mining area currently under the Wattenberg Lakes permit (M-2004-051) may also periodically include water applications for dust control. As delineated on Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) Number FM080123C2115E (National Flood Insurance Program, January 20, 2016), the proposed permit boundary lies within the South Platte River 100 -year floodplain (see Exhibit C-5, Water Resource Map). A more recent 100 -year floodplain developed by the Colorado Water Conservation Board (CWCB) is currently being used by Weld County for floodplain development regulation. This floodplain delineation is very similar to the currently approved FIRM delineation within the proposed permit boundary. All work performed in the regulatory floodplain will conform to the Weld County Floodplain Development Regulations. Groundwater Monitoring Plan Groundwater monitoring and evaluation of potential mining and reclamation impacts shall be conducted as part of a groundwater monitoring plan. This summary provides monitoring procedures and methods to be used during mine operations and reclamation activities at the Baurer Pit to ensure monitoring data is accurate and representative of actual field conditions. The Baurer Pit DRMS 112 Permit Application Page 18 monitoring plan will be used during mining and reclamation activities and includes slurry wall construction. Local alluvial groundwater conditions have been evaluated on, and adjacent to, the proposed Baurer Pit property as part of the adjacent Wattenberg Lakes (M-2004-051) mining operation. Monitoring well installation, monitoring, and reporting at the Wattenberg Lakes site has been performed for nearly 15 years to evaluate baseline groundwater conditions and potential mining and reclamation impacts and to fulfill both DRMS and U.S. Army Corps of Engineers permit requirements. The proposed Baurer Pit site is located in valley fill alluvium associated with the South Platte River. The river is used extensively for irrigated agriculture in the valley and on neighboring upland properties. Additional adjacent land uses include aggregate mining to the north and south. The community of Wattenberg is located approximately %2 -mile north of the site, including the community water supply well. Local recharge to the alluvial aquifer has consisted of applied irrigation water infiltration and deep percolation of precipitation. The South Platte River forms a natural sink for the alluvial aquifer and groundwater flow to the river, along with local groundwater pumping, represent the major sources of aquifer discharge. Exploration borings and groundwater monitoring information were used to construct a conceptual hydrogeologic picture of the Baurer Pit site. For the purpose of characterizing the site hydrogeologic conditions, the subsurface materials can be subdivided into three units: sandy/clay overburden, permeable unconsolidated sand and gravel deposits, and low permeability bedrock. Where previous mining has not occurred on the property, the bedrock is covered by alluvial sand and gravel. In general, the thickness of the alluvium is approximately 25 feet across the site. Local mud seams and cobble zones occur as lenses or discontinuous beds within the alluvium, but none of the layers appear to be laterally continuous. Therefore, the subsurface information suggests that the alluvium can conceptually be considered one aquifer. Baseline alluvial aquifer conditions were established from four to six years of groundwater monitoring at the Wattenberg Lakes site (approximately January 2002 through December 2005). Installation of groundwater monitoring wells in 2002 included the drilling and completion of nine (9) wells spaced around the property perimeter. These wells include one immediately adjacent to the proposed northern permit boundary of the Baurer Pit, two less than 1,000 feet west of the site, and another on the southern edge of the Baurer Pit property. In general, under baseline conditions, groundwater elevations tend to fluctuate similarly in all of the monitoring wells. Monitoring data suggests that groundwater elevations on and near the Baurer Pit site have typically decreased through the winter months, being at their lowest in January through March. Data also suggests that groundwater elevations near and on the site increase rapidly during the spring (April through June) and then remain fairly constant through summer and into the fall months. In more recent years, however, alluvial groundwater on and near the Baurer Pit site has been influenced by dewatering operations at the Wattenberg Lakes site (M-2004-051) to the north and the Baseline Resource (M-1997-058) and Parker-Dersham Resource (M-2006-003) sites to the south. Baurer Pit DBMS 112 Permit Application Page 19 The water elevation data were also used to estimate baseline groundwater flow direction and gradient. Using the available data, the baseline groundwater gradient has been estimated to be approximately 0.002 to 0.003 (0.2 to 0.3 feet decline per 100 feet of horizontal distance) from southwest to northeast locally and across the site. However, to the east, near the South Platte River, groundwater gradients become less definable. Locations of alluvial wells to be included in the monitoring plan are illustrated on Exhibit C-5, Water Resources. The wells include the previously described alluvial monitoring wells associated with the Wattenberg Lakes site and an additional existing monitoring well near the southeast corner of the proposed Baurer Pit permit boundary. Wells are located in areas to accurately evaluate potential impacts of mine dewatering and reclamation activities. During mining and reclamation activities, at a minimum, alluvial groundwater elevations in the monitoring wells shall be measured monthly. The five (5) wells in the locations described are recommended as a minimum for inclusion in the groundwater monitoring plan to evaluate general dewatering, mounding, or shadowing impacts and collect information for potential mining or reclamation mitigation. At the applicant's discretion, extra wells may be added to the monitoring plan to evaluate the effects of specific mining, reclamation, or other aspects of property development. Additionally, wells may be added to the monitoring plan to specifically evaluate pre-existing or anticipated dewatering issues on adjacent properties. Potential Mining Impacts The new mining operation will impact groundwater systems hydraulically connected to the South Platte River by extracting sand and gravel deposits from the alluvial aquifer. Although it is anticipated that the slurry wall will be constructed prior to mining, the discussions in this section assume that the slurry wall has not been constructed prior to mining and dewatering activities at the Baurer Pit site. Replacement of stream depletions to mitigate these impacts will be covered under a SWSP obtained from the SEO. Additionally, a well permit for exposed groundwater in the proposed permit area will be obtained from the SEO. Dewatering associated with the proposed mining cell has the potential to impact alluvial groundwater wells near the mining cell. A well permit application search of the SEO database was used to locate wells near the proposed permit area. The Water Resource Map (Exhibit C-5) illustrates existing recorded well permit applications within 600 feet of the proposed permit boundary. Although there may be other wells in the area, they are not recorded with the SEO. Water Requirements Water consumed during mining activities will include evaporation from exposed groundwater in dewatering trenches, potential settling basins and operational water losses from dust control and water retained in product conveyed off -site. According to initial estimates, the net annual depletion from mining operations in the proposed permit area is 24.1 acre-feet. This depletion is based on approximately 1.5 acres of exposed groundwater area for dewatering trenches and settling basins and a net evaporative loss of approximately 2.94 feet per year. If the moisture content of the material transported off -site is assumed to be 4 percent by weight, and the annual Baurer Pit DBMS 112 Permit Application Page 20 mined product is estimated to be 600,000 tons per year, then the annual amount of water lost in product is approximately 17.66 acre-feet. It is also estimated that approximately 2 acre-feet of water will be needed annually for dust control during mining and reclamation activities. A new SWSP for evaporation and operational losses will be obtained from the SEO. Sources of Replacement Water The replacement of consumptive uses will be accounted for in a new SWSP administered by the SEO. Sources of replacement water include fully consumable effluent leased from the City of Westminster. Additional sources of replacements may include water rights owned or leased by Aggregate Industries in the South Platte River basin. Mining Impact Mitigation Plan Although impacts and damages are not anticipated, it is the operator's intent to operate responsibly and to mitigate damage to wells or structures that is directly attributable to mining. Operations at the Baurer Pit site are not anticipated to injuriously affect surrounding water rights. If impacts are experienced due to mine dewatering, these affects should be temporary and discontinue once dewatering operations cease. However, if dewatering from the proposed permit area directly affects the ability of surrounding wells to pump a full supply of water in accordance with their permitted uses, the operator shall take all necessary actions to remedy the affects to the extent they were directly caused by operations at the site. Mitigation measures may include, but are not limited to: 1. Modify existing wells to operate under lower groundwater conditions. This would include re - drilling existing wells to deeper depths or lowering the pumps. All work would be done at the operator's expense with the exception of replacing equipment that was non-functional prior to mining. 2. If existing wells cannot be repaired, the applicant will drill a new well for the owner to replace the damaged well. The new well will produce water of the same quantity and quality to support the historic use. 3. Provide an alternative source of water to support the historic well water use during mine dewatering. Potential Reclamation Impacts It is anticipated that the slurry wall will be constructed prior to mining and, therefore, potential impacts to surrounding wells from mine cell dewatering should not occur. However, if the slurry wall is constructed during mining or after mining and dewatering activities at the Baurer Pit site, potential impacts to surrounding wells from mine cell dewatering will cease. Whether constructed prior to, during, or following mining activities, the slurry wall is expected to influence the alluvial groundwater table and flow direction, but these effects are anticipated to be very localized. From preliminary subsurface exploration on the site and years of local monitoring well data, alluvial groundwater appears to be approximately 10 feet below the ground surface and other site groundwater conditions would be expected to reflect typical river and stream alluvial groundwater Baurer Pit DBMS 112 Permit Application Page 21 regimes. These groundwater regimes generally exhibit a relatively high transmissivity and low gradient with groundwater flow in the same direction as, and slightly towards, the river or stream (see Exhibit C-5, Water Resource Map). The alluvial groundwater elevation and flow direction in these systems are typically influenced by fluctuations in river flow, direct precipitation and infiltration, agricultural irrigation, and withdrawals from water wells. Mounding and shadowing refer to a slightly higher or lower normal groundwater elevation, respectively, and can be caused by obstructions to the natural alluvial groundwater flow regime. Once the slurry wall installation is complete, and based on the assumed groundwater flow regime, mounding would be anticipated upgradient, or south and west of the reclaimed mine cell. Shadowing would be expected downgradient of the reclaimed mine cell, or north and east. These groundwater elevation effects would be most pronounced immediately adjacent to the reclaimed mine cell, with groundwater returning to normal elevations over relatively short distances away from the cell. Upgradient (west and south) of the proposed Baurer Pit site slurry wall, there are additional permitted aggregate mining sites and a few semi -rural properties along Weld County Road 23%2. However, because of the normal depth to groundwater (approximately 10 feet below the ground surface), groundwater mounding is not expected to impact adjacent property owners. Additionally, aggregate mining sites, rural property owned by the applicant, and the South Platte River are located north and east of the proposed slurry wall, so shadowing impacts are not likely. Reclamation Impact Mitigation Plan Although impacts and damages are not anticipated, it is the intent of the operator and property owners to operate responsibly and to mitigate damage to wells or structures that is directly attributable to the reclamation of the Baurer Pit site. If mine cell (or slurry wall) reclamation creates injury to surrounding properties, the applicant will take all necessary actions to remedy the injury. If water levels are dropping in adjacent wells, due to shadowing from mine cell reclamation at the Baurer Pit site, such that well owners' historic water production may be injured, mitigation measures will be the same as those proposed for potential dewatering impacts during mining. Additionally, if it is determined that mine cell reclamation creates mounding impacts to surrounding structures or water resources, the applicant will take appropriate corrective action. Impacts would trigger mitigation measures that may include, but are not limited to: 1. Pumping from mounding areas to recharge ponds in shadowing areas. 2. Installing surface or underground drain systems to transport groundwater from mounding areas to shadowing areas. 3. Diverting surface water flows to recharge ponds in shadowing areas. Water Quality Mining and reclamation operations shall comply with Colorado Department of Public Health and Environment National Pollution Discharge Elimination System (NPDES) regulations. A Colorado Baurer Pit DRIVE 112 Permit Application Page 22 Discharge Permitting System (CDPS) permit for stormwater management and discharge flows to protect surface water quality on and off the proposed permit area from mining and reclamation activities will be obtained. The permit includes the continued updating and implementation of a site Stormwater Management Plan designed to prevent the contact and transport of potential contaminants to surface waters by stormwater flows. The depth to groundwater fluctuates by several feet depending on the season, but is typically near 10 feet below the ground surface. Due to the absence of large quantities of potential pollutants on site (no on -site processing or concrete or asphalt production), the mining and reclamation operations are not likely to affect groundwater quality on or off the site. As stated above, mining and reclamation activities shall operate under a CDPS permit and Stormwater Management Plan. The plan provides for regular inspections of potential contaminant areas such as mobile equipment and fuel or lubricant storage locations. Inspections and best management practices are incorporated into the plan to protect both surface and groundwater quality. Bawer Pit DRMS 112 Permit Application Page 23 EXHIBIT H Wildlife Information To evaluate potential wildlife habitat impacts from the proposed operation, information was gathered from the Natural Diversity Information Source (NDIS). The NDIS combines plant and animal abundance data from the Colorado Division of Wildlife (CDOW) and other Colorado natural resource agencies to be used for land -use analyses and decisions. Wildlife Habitat The proposed permit area includes active aggregate mining and general agricultural land with additional mining and reclamation activities on nearby properties. Except for the adjacent ski lake and shoreline, the undisturbed portion of the site primarily contains upland area with no water, riparian, or wetland habitats. Upland areas consist primarily of sparse native and introduced grasses. Wildlife and Potential Impacts There are no known federally threatened, endangered, or candidate species within the proposed site boundary. Federally threatened, endangered, or candidate species that could potentially be found in Weld County or that could potentially be affected by projects in Weld County include the Preble's meadow jumping mouse, interior least tern, Mexican piping plover, whooping crane, pallid sturgeon, Colorado butterfly plant, Ute ladies' -tresses orchid, and the western prairie fringed orchid. Suitable habitat for these species is not noticeable on the site and none of these species have been observed or documented within the proposed site boundary. Colorado state threatened, endangered, and species of concern that could potentially be found in Weld County or that could potentially be affected by projects in Weld County include the black - tailed prairie dog, Northern river otter, swift fox, American peregrine falcon, bald eagle, ferruginous hawk, greater sandhill crane, long -billed curlew, mountain plover, Western burrowing owl, Western snowy plover, plains minnow, suckermouth minnow, brassy minnow, common shiner, Iowa darter, stonecat, common garter snake, and Northern leopard frog. For many of these species, potentially suitable habitat does not exist within the proposed permit area. Potentially suitable habitat does exist within the proposed permit area for mammal and bird species such as the black -tailed prairie dog, swift fox, Western burrowing owl, and bald eagle. Burrows for black -tailed prairie dogs are present on the site, but swift fox or burrowing owls have not been observed. Although raptors and bald eagles have been observed temporarily foraging or perching in trees on or near the project site, no potential raptor or eagle nests were found in or near the project area. Many birds may use habitats similar to those found at the proposed permit site, either year-round, seasonally for nesting, or temporarily for roosting during migration. Some of the common or abundant species could include robins, orioles, starlings, magpies, longspurs, lark bunting, doves, kingbirds, and blackbirds. Because of the lack of non -mining created open water habitat within the proposed permit area, shore birds and waterfowl are not likely to be present. Baurer Pit DRMS 112 Permit Application Page 24 It could be expected that most mammals common or abundant in Weld County could be found near or within the proposed permit area. Smaller mammals that might be found at the proposed project site might include mice, voles, gophers, rabbits, raccoons, and skunks. Some of the larger mammals could include both mule and white tailed deer, coyote, and fox. The mining and reclamation activities may disturb some of the wildlife within the proposed permit area and adjacent area. However, the activities will be confined to specific areas and total disturbance at one time will be limited. Impacts to wildlife following reclamation will be minimal. Baurer Pit DBMS 112 Permit Application Page 25 EXHIBIT I Soil Information Soil Information At the end of this exhibit are some printouts from the NRCS website that describe many of the typical characteristics of the soils present on the site. Please refer to Exhibit C-2, Soils Map, for an illustration showing the distribution of the soils. According to the Web Soil Survey (United States Department of Agriculture, NRCS, 2004) of the proposed permit area, there are three major soil types within the proposed project site: 1. Altvan loams, 2. Aquolls, and 3. Ellicott sandy -skeletal complex. The location of these soil types is illustrated on Exhibit C-2, Soils Map. Traditional organic topsoil on most of the site is thin or non-existent, varying from 0 to 10 inches in depth. Most of the soils are undistinguishable from the general overburden material that consists of shallow, well drained loams. Over most of the identified sand and gravel deposit is a loamy, wind -mixed veneer layer of soil/overburden material varying from 0 to near 5 feet in depth. The soil/overburden material likely developed from alluvial and eolian deposits of clay, silts, and sands. The aggregate deposits and loamy soil/overburden material are underlain by a variable pattern of unconsolidated shale and sandstone parent materials. Altvan Loams The Altvan Loams are found on level and nearly level (0 to 3 percent slopes) land forms. Formed in old alluvium deposited by major rivers, these soil types are well drained and classified as Hydrologic Soil Group B. The water table is typically more than 80 inches below the soils. Areas containing these soils are used mainly for irrigated crop land. Their permeability and available water capacity are moderate and most methods of irrigation are suitable for these soils. These soils are suited to most crops grown in the area including corn, sugar beets, beans, and alfalfa. Aquolls and Aquents, gravelly substratum The Aquolls and Aquents are found on level bottom lands and floodplains along major rivers and streams. These soil types are poorly drained and classified as Hydrologic Soil Group D. They are a dominant soil type within the proposed project site. The water table is typically from 6 to 48 inches below the soils. Areas containing these soils are used mainly for rangeland and wildlife. Water transmissivity of the soil is relatively high and available water capacity is moderate. The potential for frequent flooding and seasonally high water table are the primary limitations for the crops that can be grown in this soil. The potential plant community on these soils is mainly switchgrass, alkali sacaton, and western wheatgrass. Baurer Pit DRMS 112 Permit Application Page 26 Map Unit Description: Altvan loam, 0 to 1 percent slopes --Weld County, Colorado, Southem Part Weld County, Colorado, Southern Part 1—Altvan loam, 0 to 1 percent slopes Map Unit Setting National map unit symbol: 361j Elevation: 4,500 to 4,900 feet Mean annual precipitation: 14 to 16 inches Mean annual air temperature: 46 to 48 degrees F Frost -free period: 130 to 150 days Farmland classification: Not prime farmland Map Unit Composition Altvan and similar soils: 90 percent Minor components: 10 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Altvan Setting Landform: Terraces Down -slope shape: Linear Across -slope shape: Linear Parent material: Old alluvium Typical profile H1 - 0 to 10 inches: loam H2 - 10 to 25 inches: clay loam H3 - 25 to 60 inches: gravelly sand Properties and qualities Slope: 0 to 1 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.20 to 2.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 5 percent Available water capacity. Low (about 5.7 inches) Interpretive groups Land capability classification (irrigated): 3s Land capability classification (nonirrigated): 4e Hydrologic Soil Group: B Ecological site: R067BY002CO - Loamy Plains Hydric soil rating: No �gpp Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 10/25/2020 Page 1 of 2 Map Unit Description: Altvan loam, 0 to 1 percent slopes --Weld County, Colorado, Southern Part Minor Components Cascajo Percent of map unit: 9 percent Hydric soil rating: No Aquic haplustolls Percent of map unit: 1 percent Landform: Swales Hydric soil rating: Yes Data Source Information Soil Survey Area: Weld County, Colorado, Southern Part Survey Area Data: Version 19, Jun 5, 2020 USDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 10/25/2020 Page 2 of 2 Map Unit Description: Altvan loam, 1 to 3 percent slopes ---Weld County, Colorado, Southern Part Weld County, Colorado, Southern Part 2—Altvan loam, 1 to 3 percent slopes Map Unit Setting National map unit symbol: 361w Elevation: 4,500 to 4,900 feet Mean annual precipitation: 14 to 16 inches Mean annual air temperature: 46 to 48 degrees F Frost -free period: 130 to 150 days Farmland classification: Prime farmland if irrigated Map Unit Composition Altvan and similar soils: 90 percent Minor components: 10 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Altvan Setting Landform: Terraces Down -slope shape: Linear Across -slope shape: Linear Parent material: Old alluvium Typical profile H1 - 0 to 10 inches: loam H2 - 10 to 24 inches: sandy clay loam H3 - 24 to 60 inches: gravelly sand Properties and qualities Slope: 1 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.20 to 2.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 5 percent Available water capacity: Low (about 5.6 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonirrigated): 4e Hydrologic Soil Group: B Ecological site: R067BY002CO - Loamy Plains Hydric soil rating: No USDA Natural Resources Web Soil Survey raj Conservation Service National Cooperative Soil Survey 10/25/2020 Page 1 of 2 Map Unit Description: Altvan loam, 1 to 3 percent slopes ---Weld County, Colorado, Southern Part Minor Components Cascajo Percent of map unit: 9 percent Hydric soil rating: No Aquic haplustolls Percent of map unit: 1 percent Landform: Swales Hydric soil rating: Yes Data Source Information Soil Survey Area: Weld County, Colorado, Southern Part Survey Area Data: Version 19, Jun 5, 2020 USDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 10/25/2020 Page 2 of 2 Map Unit Description: Aquolls and Aquents, gravelly substratum --Weld County, Colorado, Southem Part Weld County, Colorado, Southern Part 3—Aquolls and Aquents, gravelly substratum Map Unit Setting National map unit symbol: 3627 Elevation: 4,000 to 7,200 feet Mean annual precipitation: 12 to 18 inches Mean annual air temperature: 45 to 55 degrees F Frost -free period: 80 to 155 days Farmland classification: Prime farmland if drained and either protected from flooding or not frequently flooded during the growing season Map Unit Composition Aquolls and similar soils: 55 percent Aquents, gravelly substratum, and similar soils: 30 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Aquolls Setting Landform: Streams, flood plains, swales Down -slope shape: Linear Across -slope shape: Linear Parent material: Recent alluvium Typical profile H1 - 0 to 48 inches: loam H2 - 48 to 60 inches: gravelly sand Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Poorly drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.20 to 2.00 in/hr) Depth to water table: About 6 to 48 inches Frequency of flooding: FrequentNone Frequency of ponding: None Maximum salinity: Nonsaline to slightly saline (0.0 to 4.0 mmhos/cm) Available water capacity: Moderate (about 8.0 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 6w Hydrologic Soil Group: D Ecological site: R067BY035CO - Salt Meadow �i■ a Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 10/25/2020 Page 1 of 2 Map Unit Description: AquaIls and Aquents, gravelly substratum --Weld County, Colorado, Southem Part Hydric soil rating: Yes Description of Aquents, Gravelly Substratum Setting Landform: Stream terraces Down -slope shape: Linear Across -slope shape: Linear Parent material: Recent alluvium Typical profile H1 - 0 to 48 inches: variable H2 - 48 to 60 inches: very gravelly sand Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Poorly drained Runoff class: Very high Capacity of the most limiting layer to transmit water (Ksat): Moderately high to very high (0.57 to 19.98 in/hr) Depth to water table: About 6 to 24 inches Frequency of flooding: FrequentNone Frequency of ponding: None Calcium carbonate, maximum content: 10 percent Maximum salinity: Nonsaline to moderately saline (0.0 to 8.0 mmhos/cm) Available water capacity: Moderate (about 6.6 inches) Interpretive groups Land capability classification (irrigated): 6w Land capability classification (nonirrigated): 6w Hydrologic Soil Group: D Ecological site: R067BY035CO - Salt Meadow Hydric soil rating: Yes Minor Components Bankard Percent of map unit: 10 percent Hydric soil rating: No Ustic torrifluvents Percent of map unit: 5 percent Hydric soil rating: No Data Source Information Soil Survey Area: Weld County, Colorado, Southern Part Survey Area Data: Version 19, Jun 5, 2020 USDA Natural Resources Web Soil Survey i Conservation Service National Cooperative Soil Survey 10/25/2020 Page 2 of 2 Map Unit Description: Ellicott -Ellicott sandy -skeletal complex, 0 to 3 percent slopes, rarely flooded —Weld County, Colorado, Southem Part Weld County, Colorado, Southern Part 10 —Ellicott -Ellicott sandy -skeletal complex, 0 to 3 percent slopes, rarely flooded Map Unit Setting National map unit symbol: 2xsth Elevation: 3,950 to 5,960 feet Mean annual precipitation: 13 to 17 inches Mean annual air temperature: 50 to 54 degrees F Frost -free period: 135 to 165 days Farmland classification: Prime farmland if irrigated and the product of I (soil erodibility) x C (climate factor) does not exceed 60 Map Unit Composition Ellicott, rarely flooded, and similar soils: 65 percent Ellicott sandy -skeletal, rarely flooded, and similar soils: 25 percent Minor components: 10 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Ellicott, Rarely Flooded Setting Landform: Flood plains on intermittent streams, drainageways Down -slope shape: Linear Across -slope shape: Concave Parent material: Noncalcareous, stratified sandy alluvium Typical profile A - 0 to 4 inches: sand AC - 4 to 13 inches: sand C1 - 13 to 30 inches: sand C2 - 30 to 44 inches: sand C3 - 44 to 80 inches: coarse sand Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Excessively drained Runoff class: Negligible Capacity of the most limiting layer to transmit water (Ksat): High to very high (13.00 to 39.96 in/hr) Depth to water table: More than 80 inches Frequency of flooding: Rare Frequency of ponding: None Maximum salinity: Nonsaline to very slightly saline (0.1 to 2.0 mmhos/cm) Available water capacity: Very low (about 2.1 inches) Interpretive groups Land capability classification (irrigated): 4e aNatural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 10/25/2020 Page 1 of 3 Map Unit Description: Ellicott -Ellicott sandy -skeletal complex, 0 to 3 percent slopes, rarely flooded ---Weld County, Colorado, Southern Part Land capability classification (nonirrigated): 7s Hydrologic Soil Group: A Ecological site: R067BY031 CO - Sandy Bottomland Hydric soil rating: No Description of Ellicott Sandy -skeletal, Rarely Flooded Setting Landform: Channels on intermittent streams, channels on drainageways Down -slope shape: Linear Across -slope shape: Concave, linear Parent material: Noncalcareous, stratified sandy alluvium Typical profile A - 0 to 4 inches: very gravelly coarse sand AC - 4 to 13 inches: very gravelly sand C1 - 13 to 30 inches: very gravelly sand C2 - 30 to 44 inches: very gravelly sand C3 - 44 to 80 inches: very gravelly coarse sand Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Excessively drained Runoff class: Negligible Capacity of the most limiting layer to transmit water (Ksat): High to very high (13.00 to 39.96 in/hr) Depth to water table: More than 80 inches Frequency of flooding: Rare Frequency of ponding: None Maximum salinity: Nonsaline to very slightly saline (0.1 to 2.0 mmhos/cm) Available water capacity: Very low (about 1.2 inches) Interpretive groups Land capability classification (irrigated): 4s Land capability classification (nonirrigated): 8s Hydrologic Soil Group: A Ecological site: R067BY031 CO - Sandy Bottomland Hydric soil rating: No Minor Components Haverson Percent of map unit: 10 percent Landform: Terraces Landform position (three-dimensional): Tread Down -slope shape: Linear Across -slope shape: Linear Ecological site: R067BY036CO - Overflow USDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 10/25/2020 Page 2 of 3 Map Unit Description: Ellicott -Ellicott sandy -skeletal complex, 0 to 3 percent slopes, rarely flooded —Weld County, Colorado, Southern Part Hydric soil rating: No Data Source Information Soil Survey Area: Weld County, Colorado, Southern Part Survey Area Data: Version 19, Jun 5, 2020 =Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 10/25/2020 Page 3 of 3 Ellicott sandy -skeletal complex The Ellicott sandy -skeletal complex soils are found on the floodplains of intermittent streams and drainageways. These soil types are excessively drained and classified as Hydrologic Soil Group A. They are a minor soil type within the proposed project site. The water table is typically more than 80 inches below the soils. Areas containing these soils are used mainly for rangeland and wildlife. Water transmissivity of the soil is high to very high and available water capacity is very low. The potential for flooding is rare and the soils make prime farmland if irrigated. Baurer Pit DBMS 112 Permit Application Page 27 EXHIBIT J Vegetation Information Vegetation information for the proposed Baurer Pit site was gathered from the Soil Survey of Weld County, Colorado — Southern Part (United States Department of Agriculture, Soil Conservation Service) and an on -site vegetation survey (AloTerra Restoration Services, February 28, 2020). Please refer to Exhibit C-3, Vegetation Map, for an illustration of vegetation community distribution. The proposed permit area includes one new mining area and two previously mined areas. The previously mined area on the west side of the property (Wattenberg Lakes, M-2004-051) contains an active mining pit and the mined area on the east side of the property (Baseline Resources, M- 1997-058) contains a reclaimed groundwater ski lake. On the area of the site not previously disturbed by mining, traditional organic topsoil ranges from thin or non-existent in flood scoured areas to 10 -inches thick or more. The undisturbed soils are either well drained loams or poorly drained gravelly substratum. This area does not appear to have been recently used for irrigated or other crops and vegetation is generally sparce. Observed native species of grasses and forbs was limited and included wildrye and unidentified species of erigeron. The area was dominated by introduced pasture grasses such as smooth brome and crested wheatgrass. Patches of weeds including cheatgrass, kochia, and Russian thistle were also observed. Plains cottonwood trees, most growing in two distinct rows, were also observed scattered within the undisturbed (eastern) area of the property. Some limited growth of sandbar willow was also observed along with the plains cottonwood. At the eastern edge of the proposed permit boundary, adjacent to the ski lake, vegetation included more wetland species such as broadleaf cattail, bulrush, common threesquare, and saltgrass. Canada thistle was prevalent in the upland areas adjacent to the lake. Woody species such as non-native Russian olive and peach -leaf willow were also observed near the ski lake. Within the active mining pit on the west side of the permit area, a mixture of weeds, wetland vegetation, and small trees have begun to grow. Vegetation is mostly non-existent along the mining pit banks and top of slope with only small patches of weeds (i.e. kochia and Russian thistle) in disturbed areas. Following mining, disturbed areas will be seeded with a native upland grass mixture and a weed management plan will be implemented. Revegetation with native grasses and the weed management plan will help minimize the weedy vegetation that typically degrades agricultural land and wildlife habitat. Baurer Pit DBMS 112 Permit Application Page 28 EXHIBIT K Climate The proposed Baurer Pit permit area exhibits a semi -arid climate typical of the Colorado Front Range region. The region is characterized by low humidity, relatively low average precipitation, and a high percentage of sunshine. A large amount of the precipitation occurs in short durations, during high intensity summer thunderstorm activity. Climate information was available from the Western Regional Climate Center in Brighton, Colorado. The climate data collected from 1973 through 2016, indicates the total annual precipitation at the site to be approximately 14.0 inches per year. Monthly average temperature and precipitation data for the periods of record are provided in the following tables. BRIGHTON, COLORADO Average Monthly Temperature (°F) Average Monthly Precipitation Maximum Minimum January 43.3 14.8 0.42 February 46.9 18.4 0.39 March 55.8 26.0 1.11 April 63.8 33.5 1.76 May 72.8 42.7 2.33 June 83.8 51.6 1.60 July 89.6 57.1 1.64 August 87.1 55.2 1.63 September 79.1 46.0 0.95 October 67.1 34.5 0.92 November 52.4 23.7 0.76 December 43.9 15.6 0.51 Annual 65.5 34.9 I 14.03 Baurer Pit DRMS 112 Permit Application Page 29 EXHIBIT L Reclamation Costs In order to calculate maximum potential reclamation liability to the State, we have selected a point in time where reclamation costs could be at a maximum. It is assumed that the time of maximum mining disturbance will be at the end of mining prior to construction of the slurry wall. During this scenario, mining is mostly complete in the eastern area of property and reclamation has included backfilling and rough grading side slopes in the existing mine pit (western area of the property). Additional backfilling and rough grading of side slopes (assume rough grading moves 1 -foot of material over entire grading area) also occurred in the eastern area of the property as mining was completed, but additional backfilling is still required. The active mining highwall is approximately 500 feet long and the adjacent 500 -foot long cell walls have not yet been backfilled. Both the mining highwall and adjacent cell walls (1,500 linear feet total) require backfilled and rough grading to 3H:1 V slopes. Backfilling and grading 3H:1 V slopes will include reclaiming approximately 3 acres on the bottom of the mining cell. Slurry wall construction shall occur concurrent with mining or other reclamation activities. The slurry wall alignment around the mining cell is approximately 7,300 linear feet. Although the slurry wall trench is only 3 to 5 feet wide, the working pad and overall disturbance could be as great as 100 feet wide. Topsoil will be stripped from the working pad area prior to construction and following slurry wall completion the working pad area will be scarified and/or tilled in preparation for topsoil replacement, final grading, and seeding for revegetation. Stockpiles for topsoil storage will likely be constructed on the east side of the mining cell. The topsoil stockpiles will probably contain less than 20,000 cubic yards (yds) of material and cover approximately 2 acres. Enough topsoil should be stockpiled on -site for reclamation. Haul distances to use the stockpiled topsoil for on -site reclamation range from less than 100 feet to over 3,000 feet, but average only about 1,500 feet. Additionally, if necessary, overburden stockpiles will be created in the bottom of the newly excavated portion of the mine cell or on the southern side of the cell. The overburden will be used to backfill mining cell side slopes an average distance of 500 feet from the stockpiles. Miscellaneous disturbed areas at the point of maximum disturbance will include the material conveyor and staging area (3 acres), internal haul roads and the main site entrance (1 acres), and stockpile areas (2 acres). These areas will be scarified and/or tilled in preparation for topsoil placement, final grading, and seeding for revegetation. It is estimated that the combined area of these disturbances will be approximately 6 acres. Once backfilling and rough grading of all mining cell side slopes and top of bank (including slurry wall working pad) is complete, and the miscellaneous disturbed areas have been scarified and/or tilled, topsoil placement and final grading will occur (assume final grading moves 0.5 -feet of material over entire grading area) in preparation for revegetation. If available, a minimum of 6 inches of topsoil will be placed on all disturbed areas following backfilling and rough grading and/or scarifying. Topsoil placement, final grading, and seeding for revegetation shall only occur above the reservoir high water mark or approximately 2 vertical feet below the reservoir top of bank. After initial seeding and the first season's growth, it is estimated that approximately 20 percent of the area will need to be re -seeded. Each aspect is listed in the following table with associated disturbed area. Please refer to Exhibit D, Pre-Mining/Mining Plan, for a listing of the maximum disturbed area that totals 27 acres. This estimate Baurer Pit DRMS 112 Permit Application Page 30 will follow the same order as the listing in Exhibit D. Since all structures used in the mining operation are portable, it is assumed that removal of the structures do not have associated costs. Aspect Reclamation Operation Quantity Units Unit Cost ($) Cost ($) Active Mining Area A Backfill active mining face and side 1 slopes to 3H:1V (30' x 90' x 1,500') 75,000 CY $3.5 $262,500 Rough grade active mining area 2 backfilled side slopes (95' x 1,500' x 1') 5,278 CY $0.50 $2,639 Slurry Wall B 1 Slurry Wall construction (7,300' x 30') 219,000 SgFt $5.50 $1,204,500 Scarify/Till all areas in Aspect B1 2 (7,300' x 100' x 1.0') 17 Acre $500.00 $8,379 Miscellaneous Disturbed Areas C Scarify conveyor and staging areas; 1 internal haul road and mian entrance area; stockpile areas (6 acres x 0.5') 6 Acre $500.00 $3,000 Final Reclamation D Replace topsoil on upper two vertical 1 feet of all reservoir side slopes (6' x 7,300' x 0.5') 811 CY $1.05 $852 Replace topsoil on slurry wall working 2 pad area (100' x 7,300' x 0.5') 13,519 CY $1.05 $14,194 Replace topsoil on conveyor and staging 3 areas; internal haul road and main entrance areas; stockpile areas (6 acres x 0.5') 4,840 CY $1.05 $5,082 4 Final grade all areas in Aspects D1, D2, and D3 19,170 CY $0.50 $9,585 5 SDe3ed all areas in Aspects D1, D2, and 23.8 Ac $675 $16,041 6 Re -seed 20% of all areas in Aspects D1, D2, and D3 4.8 Ac $675 $3,208 Total Reclamation Costs $1,529,980 Contractor Mobilization/Demobilization Costs (8%) 0.08 $122,398 Overhead (18.5%) 0.185 $283,046 Administration (5%) 0.05 $76,499 Total Proposed Financial Warrenty $2,011,924 Disturbed Acreage 70.0 Financial Warrenty per Acre $28,742 Baurer Pit DBMS 112 Permit Application Page 31 EXHIBIT M Other Permits and Licenses The operator either currently has or will obtain: ■ Weld County Use by Special Review Permit — the area within the proposed Baurer Pit permit boundary that contains the active, previously mined pit is currently covered by the DRMS Wattenberg Lakes (M-2004-051) permit and Weld County USR 1350. The reclaimed ski lake is currently covered under the DRMS Baseline Resource (M-1997-058) permit and Weld County USR 1172. Once the proposed DRMS Baurer Pit permit application is approved, the existing DRMS and Weld County USR permits will be released from the Baurer Pit property. A Use by Special Review permit application shall be submitted to Weld County for the new Baurer Pit site area. The Use by Special Review permit will be obtained prior to operations. ■ Weld County Flood Hazard Development Permit — The property is within the South Platte River jurisdictional floodplain. The previously mined pit in the western portion of the permit area is currently covered by Weld County FHDP 408. The existing Weld County Flood Hazard Development Permit shall be amended to include the rest of the Baurer Pit site or a new Flood Hazard Development Permit shall be obtained prior to operations. ■ Well Permit and Substitute Water Supply Plan, Colorado State Engineer's Office — A Substitute Water Supply Plan and well permit shall be obtained through the State Engineer's Office prior to exposing groundwater. ■ APEN, Colorado Department of Public Health and Environment Air Pollution Emission Notification Permit — Permits will be obtained prior to operations. ■ CDPS, Colorado Department of Public Health and Environment Colorado Discharge Permit System Permit — Permits will be obtained prior to operations. ■ Army Corps of Engineers — a CWA Section 404 permit will be obtained prior to disturbance of any jurisdictional waters of the U.S. Baurer Pit DRMS 112 Permit Application Page 32 EXHIBIT N Source of Legal Right to Enter See attached material that includes: ➢ Legal right to enter statement signed by City of Westminster. Weld County Property Reports for City of Westminster. ➢ Weld County Property Report — Aggregate Industries — WCR, Inc. Baurer Pit DRMS 112 Permit Application Page 33 GRANT OF LICENSE Aggregate Industries-WCR, Inc. THIS GRANT OF LICENSE ("Grant") is given this day of , 2020 ("Effective Date"), by the CITY OF WESTMINSTER, a Colorado home rule municipality ("City"), whose address is 4800 West 92°a Avenue, Westminster, CO 80031 to AGGREGATE INDUSTRIES-WCR, INC. ("Licensee"), whose address is 1687 Cole Blvd., Suite 300, Golden, CO 80401. The parties hereby covenant and agree as follows: 1. License Property. The "License Property" shall mean the real property owned by City, more particularly described on Exhibit A, attached hereto and incorporated herein and shown on Exhibit B, attached hereto and incorporated herein. 2. Grant of License. City hereby grants to Licensee a license ("License") on, over, under, through and across the License Property for the purpose of: • Establishing survey control and placing targets for aerial photography and mapping; • Drilling or excavating geotechnical exploration holes to log existing soils and geology and to obtain soil samples for laboratory testing; • Performing utility locate activities; • Making field observations and take photographs for environmental evaluation; • Mining aggregate materials from the License Property and reclamation of mined areas consistent with the proposed and revised reclamation plans described in the Colorado Division of Reclamation, Mining and Safety (DBMS) Baurer Pit Regular 112 Reclamation Permit Application and shown on Exhibit C, attached hereto and incorporated herein; and • Installing, operating and maintaining a conveyor system to transport across the License Property mined material, including, sand and gravel from locations other than the License Property. The License Property shall be used for no other purpose by Licensee. 3. Term. The term of this Grant shall begin on the Effective Date and end on June 30, 2022. If after notice to Licensee by City of any alleged breach of this Agreement and an opportunity to cure such alleged breach, Licensee remains in breach of this agreement, City may terminate this License upon ninety (90) days prior written notice. 4. Liability. City assumes no liability associated with Licensee's use of the License Property. Licensee shall defend, indemnify and hold harmless City, its council, officials, officers, directors, agents and employees from any and all claims, demands, suits, actions or proceedings of any kind or nature whatsoever, including workers' compensation claims, in any way resulting from or arising from this Grant or the Licensee's DRMS permit. 5. Insurance. Licensee shall procure and continuously maintain at its own expense the minimum insurance coverages listed below, with forms and insurers acceptable to City. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. • Commercial General Liability Insurance with combined single limit of not less than $1,000,000 per occurrence and $2,000,000 in aggregate. This policy must include Contractor Liability; Products and Page 2 of 4 Completed Operations; and Broad Form Property Damage including, but not limited to, coverage for any damage to any City personal or real property. • Owned, hired and non -owned automobile liability coverage with $600,000 limit. • Statutory workers' compensation on all employees. The required insurance policies shall be endorsed to include City as additional insured as its interests may appear under this Grant. Every policy required above shall be primary insurance, and any insurance carried by City shall be excess and not contributory insurance to that provided by Licensee. Each party to this Grant agrees to waive subrogation on respective property insurance outlined herein. The certificate of insurance provided to City shall be completed by Licensee's insurance agent as evidence that policies providing the required coverages, conditions and minimum limits are in full force and effect. The certificate shall identify this License and shall provide the coverages afforded under the policies shall not be cancelled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. Certificates of insurance shall be marked to identify this License and shall be sent to: City of Westminster Attn: Tonya Bucher 6575 West 88"' Avenue Westminster, CO 80031 The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this Grant, the monetary limitation or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S., as from time to time amended, or otherwise available to its and its elected officials, officers or employees. 6. Notices. Any notices required or permitted to be sent pursuant to this Grant shall be in writing and shall be deemed served, given, delivered and received upon the earlier of: (a) when personally received by the party to whom it is addressed; or (b) one business day after being deposited with a commercial overnight courier for overnight delivery with all required charges prepaid; or (c) when confirmed if sent by email; and addressed to City or Licensee at the appropriate address or email address as set forth below. Any party hereto may change its address or email address for the purpose of this section by giving written notice of such change to the other party in the manner provided for in this section. CITY: Megan Orloff 6575 West 88`i' Avenue Westminster, CO 80030 LICENSEE: Aggregate Industries — WCR, Inc Attn: Land Manager 1687 Cole Blvd, Suite 300 Golden, CO 80401 7. Assignment. This Grant shall not be assigned without the prior written approval of City, which shall not be unreasonably withheld. Page 3 of 4 8. Restoration. Licensee shall restore the License Property as nearly as reasonably possible to the proposed and revised reclamation plans described in the Colorado Division of Reclamation, Mining and Safety Baurer Pit Regular 112 Reclamation Permit Application and shown on Exhibit C, attached hereto and incorporated herein. 9. Applicable Laws. Licensee shall comply with all applicable local, state and federal laws during its use of the License Property. Page 4 of 4 IN WITNESS WHEREOF, the parties hereto have executed this Grant the day and year first above written. CITY: BY: Donald M. Tripp Approved as to legal form: Kristin Decker City Attorney's Office LICENSEE: By: Its: Attest: By: Its: EXHIBIT A License Property Weld County Assessor Parcel No. 146936100002 and a portion of Weld County Assessor Parcel No. 146925400002 Also known as: the NW '/4 of the NE 'A Section 36, Township 1 North, Range 67 West of the Sixth P.M., Weld County, State of Colorado EXHIBIT B License Property Figure See attached Baurer Pit Location Map EXHIBIT C License Property Proposed Reclamation Figure See attached Exhibit F, Baurer Pit Reclamation Plan Map • r4 _ A as dVW Mild NOI1VYVV1O3M m en NOI1VOIlddV lIWZi3d Zt l V' m rn m n 0 m Ltd 832011/9 •,•/•o• •4141 ball a•r••r• .rests•• -/ •at .C• COL Qt: WO 1a• latlatlk latvt7unolik Attie fig ibis D16 \b1.1 hie VIII *Ca Witiv rla Inn 1411 7h So stare :aaalx a nArtra ray •0400 42.4•X3 oa al1 al s tra A•r 40•11704•11 410. 1Klr a•r••r••••• •aw • at tape t• 1140 s n• nets bewail'', wit • CO at•r to La teas SU Itla lIt• X rL .. 0/1:•x1 f/f aerie Pan ••llpt'pe •s no ait►IA11s A ••••f YAfNtll 7M MINIS Lao 'Os Oat ••••••••• x1,44. 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It I Weld County PROPERTY PORTAL FAccount Parcel Property Information (970) 400-3650 Technical Support (970) 400-4357 Account: R6783935 November 15, 2020 Account Information Space Account i Type Tax Year Buildings Actual Value Assessed Value R6783935 146936100002 i Agricultural 2020 697 200 Legal PT NW4NE4 36 1 67 LYING N & W OF RR ROW ALSO 100' ABANDONED RR ROW LYING IN NW4NE4 Subdivision i Block Lot Land Economic Area BRIGHTON RURAL Property Address Property City Zip Section 36 Township I Range H 01 67 Owner(s) Account Owner Name R6783935 WESTMINSTER CITY OF Address C/O DIRECTOR OF PUBLIC WORKS 4800 W 92ND AVE WESTMINSTER, CO 800316387 Copyright © 2020 Weld County, Colorado. All rights reserved. Privacy Policy & Disclaimer I Accessibility Information Weld County PROPERTY PORTAL Property Information (970) 400-3650 Technical Support (970) 400-4357 Account: R8967906 November 15, 2020 Account Information Account Parcel Space Account Type Tax I Buildings Year Actual Value Assessed Value R8967906 146925400002 ( Exempt I t 2020 I I 4,946 1,430 Legal PT SE4 25 1 67 BEG SE COR SEC TH N89D26'W 1614.53' N06DE 867.92' N46D18'W 746.13' S88D28'W 222' TH N01 D05'W 50' N88D28'E 222' N43D41'E 751.92 N01 D05'W 681.13' TO PT ON N LN SE4 TH S89D49'E 1576.07' S0D23'W 2664.20' TO BEG TOG WITH VACATED PT WCR 23.75 AND PT NW4NE4 36 1 67 BEG NE COR SD NW4NE4 TH S0D01'E 1318.23' TO SE COR SD NW4NE4 TH N89D51'W ALG S LN SD NW4SE4 540.62' TO SELY ROW GWRR TH N13D44'E ALG SD ROW 1356.33' TO N LN SD NW4NE4 TH S89D50'E ALG SD N LN 217.85' TO BEG TOG WITH VACATED PT WCR 23.75 AND PT W2SW4 30 1 66 BEG AT SW COR SEC TH N89D54'E 793.27' N0D36'E 2660.55' N89D40'W 803.02' TH S0D23'W 2664.20' TO BEG EXC COMM SE COR OF SW4 SEC 30 TH S89D33W 1924.58 TPOB TH N00D30W 1268.58 S89D59W 194.97 S31D06W 627.27 S07D45W 62.59 SO4D08W 467.4 S24D11E 229.49 N89D16E 478.51 TPOB F — ion Block Lot Land Economic Area i BRIGHTON RURAL Property Address Property City I Zip I Section Township I Range 25 01 67 Owner(s) Account Owner Name Address R8967906 WESTMINSTER , CITY OF C/O DIRECTOR OF PUBLIC WORKS 4800 W 92ND AVE WESTMINSTER, CO 800316387 Copyright © 2020 Weld County, Colorado. All rights reserved. Privacy Policy & Disclaimer I Accessibility Information Weld County PROPERTY PORTAL Property Information (970) 400-3650 Technical Support (970) 400-4357 Account: R7293397 November 15, 2020 Account Information Account Parcel Space Account I Type Tax Year j Buildings Actual Value Assessed I Value R7293397 I 146936100035 ! Agricultural j i 2020 1 1 345,269 25,020 I Legal PT NE4 36 1 67 BEG AT NE COR SEC 36 TPOB S0D13'W 1630' M/L N89D38'W 1810' M/L TH N0D29'E 312.23' TO N LN SW4NE4 TH ALG N LN S89D38'E 488.05' TO NE COR SW4NE4 TH ALG W LN NE4NE4 N0D14'E 1318.09' TO NW COR NE4NE4 S89D35'E 1319.06' TO TPOB Subdivision Block Lot I Land Economic Area BRIGHTON RURAL Property Address ; Property City Zip I Section I Township Range 11650 COUNTY ROAD 2 3/4 WELD 36 01 67 Owner(s) Account I Owner Name Address —7-- I AGGREGATE INDUSTRIES - + 1687 COLE BLVD STE 300 LAKEWOOD, CO R7293397 WCR INC 804013318 Copyright © 2020 Weld County, Colorado. All rights reserved. Privacy Policy & Disclaimer I Accessibility Information EXHIBIT O Owner(s) of Record of Affected Land (Surface Area) and Owner(s) of Substance to be Mined Also see Exhibit C-1, Existing Conditions Map. - Aggregate Industries — WCR, Inc. - City of Westminster Baurer Pit DBMS 112 Permit Application Page 34 EXHIBIT P Municipalities within Two Miles City of Brighton 500 South 4th Avenue Brighton, CO 80601 Fort Lupton 130 South McKinley Avenue Fort Lupton, CO 80621 Baurer Pit DRMS 112 Permit Application Page 35 EXHIBIT Q Proof of Mailing Notices to County Commissioners and Soil Conservation District See attached. Baurer Pit DBMS 112 Permit Application Page 36 blue earth SOLUTIONS Letter of Transmittal DATE: November 16, 2020 TO: Weld County Board of County Commissioners 1150 O Street Greeley, CO 80632 FROM: Bill Schenderlein Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 (970) 227-2803 WE TRANSMIT: • Attached Information Below Remarks: THE FOLLOWING: FOR YOUR: ❑ Originals IN Use ■ Copy of Letter n Approval ❑ Applications n Information ❑ Specifications n Review & Comment ❑ Other The enclosed material is provided to fulfill the requirements of the attached Colorado Mined Land Reclamation Permit application. • One (1) copy of DRMS submittal form and DRMS 112 Application including Exhibits A and B — Baurer Pit — Aggregate Industries — WCR, Inc. Signed: illt;1 Blue Earth Solutions, LLC • P.O. Box 2427 • Fort Collins, CO 80522 • (970) 227-2803 NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF COUNTY COMMISSIONERS Weld COUNTY Aggregate Industries — WCR, Inc. (the "Applicant/Operator") has applied for a Regular (112) reclamation permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials operations in Weld County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Reclamation, Mining, and Safety (the "Division") and the local county clerk or recorder. The applicant/operator proposes to reclaim the affected land to developed water resource use. Pursuant to Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Board of County Commissioners before approving of the post -mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the application within twenty (20) days of the date of last publication of notice pursuant to Section 34-32-112 (10), C.R.S. If you would like to discuss the proposed post -mining land use, or any other issue regarding this application, please contact the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, 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 change to a previously filed application you must either attach a copy of the changes, or attach a complete and accurate description of the change. blue earth SOLUTIONS Letter of Transmittal DATE: November 16, 2020 TO: West Adams Conservation District 57 West Bromley Lane Brighton, Colorado 80601 FROM: Bill Schenderlein Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 (970) 227-2803 WE TRANSMIT: • Attached Information Below Remarks: THE FOLLOWING: n O• riginals ■ Copy of Letter n Applications ❑ S• pecifications n O• ther FOR YOUR: ■ Use n Approval I Information n Review & Comment The enclosed material is provided to fulfill the requirements of the attached Colorado Mined Land Reclamation Permit application. • One (1) copy of DRMS submittal form and DRMS 112 Application including Exhibits A and B — Baurer Pit — Aggregate Industries — WCR, Inc. Blue Earth Solutions, LLC • P.O. Box 2427 • Fort Collins, CO 80522 • (970) 227-2803 NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF SUPERVISORS OF THE LOCAL SOIL CONSERVATION DISTRICT WEST ADAMS CONSERVATION DISTRICT Aggregate Industries — WCR, Inc. (the "Applicant/Operator") has applied for a Regular (112) reclamation permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials operations in Weld County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Reclamation, Mining, and Safety (the "Division") and the local county clerk or recorder. The applicant/operator proposes to reclaim the affected land to developed water resource use. Pursuant to Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Conservation Districts before approving of the post -mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the application within twenty (20) days of the date of last publication of notice pursuant to Section 34-32-112 (10), C.R.S. If you would like to discuss the proposed post -mining land use, or any other issue regarding this application, please contact the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, 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 change to a previously filed application you must either attach a copy of the changes, or attach a complete and accurate description of the change. EXHIBIT R Proof of Filing with County Clerk or Recorder See attached. Baurer Pit DBMS 112 Permit Application Page 37 blue earth SOLUTIONS Letter of Transmittal DATE: November 16, 2020 TO: Weld County Clerk to the Board 1150 O Street Greeley, Colorado 80632 FROM: Bill Schenderlein Blue Earth Solutions, LLC P.O. Box 2427 Fort Collins, Colorado 80522 (970) 227-2803 WE TRANSMIT: • El Attached Information Below Remarks: THE FOLLOWING: n Originals ■ Copy of Letter n Applications n Specifications n Other FOR YOUR: ■ Use ❑ Approval nInformation ❑ Review & Comment Submission of this material satisfies requirements of the Mine Land Reclamation Board Regular 112 Operation Reclamation Permit Application. The enclosed application material must remain for public review at least sixty (60) days after a decision on said application has been made the Office of Mined Land Reclamation (Rule 1.6.2 (2)). Confidential materials were purposely excluded. • One (1) copy of DRMS Construction Materials Regular 112 Operation Reclamation Permit Application — Baurer Pit — Aggregate Industries — WCR, Inc. /1/4,Signed: Blue Earth Solutions, LLC • P.O. Box 2427 • Fort Collins, CO 80522 • (970) 227-2803 EXHIBIT S Permanent Man -Made Structures within 200 Feet of the Affected Land The applicant, Aggregate Industries — WCR, Inc. believes that the mining operation, as proposed, will not adversely affect any of the permanent, man-made structures located within 200 feet of the affected area. Mining highwalls will remain at least twice the mine cell depth from the proposed permit boundary and ground beyond the permit boundary will remain stable. Since all mining and reclamation activities will be performed within the permit boundary, no impacts to man-made structures outside the permit boundary are anticipated. A list of observed and recorded man-made structures within 200 feet of the proposed permit boundary, organized by land parcel where the structure was observed, is provided below. Aggregate Industries is currently working with structure owners including private property owners, utilities, municipalities, and counties to obtain structure agreements. Aggregate Industries is also working with owners of structures within the permit boundary to remove the structures and/or determine appropriate mining setbacks. Structure agreements for man-made structures within 200 feet of the affected land and/or an engineering analysis evaluating potential affects to structures will be provided prior to permit approval. PROPERTY OWNER PARCELS/EASEMENTS/ROWS MAN-MADE STRUCTURES WITHIN 200 FEET OF AFFECTED LAND Aggregate Industries - WCR, Inc. 1687 Cole Blvd, Suite 30 Lakewood, CO 80401-3318 146936100035 147131200093 - Unimproved Road - Fence and Gates - Wells - Culverts City of Westminster 4800 W 92nd Ave Westminster, CO 80031-6387 146936100002 146925400002 146925000016 146936000029 - Unimproved Road - Fence and Gates - Wells Hussey, Nolan and Jennifer 1058 County Road 23 1/2 Brighton, CO 80603-9205 146925000004 - None Struck, Toby L 527 County Road 23 1/2 Brighton, CO 80603-9233 146936000042 - Fence and Gate Francia, Jaime Mejia 636 County Road 23 1/2 Brighton, CO 80603-9200 146936000030 - None Hall -Irwin Aggregates LLC 301 Centennial Dr Milliken, CO 80543-3222 146936000031 - Fence Baurer Pit DBMS 112 Permit Application Page 38 PROPERTY OWNER PARCELS/EASEMENTS/ROWS MAN-MADE STRUCTURES WITHIN 200 FEET OF AFFECTED LAND Public Service Company of Colorado Xcel Energy 1123 West 3rd Avenue Denver, CO 80223 - Electric Transmission Line Easement - Electric Transmission Line and Poles Public Service Company of Colorado Xcel Energy 18201 W. 10th Avenue Golden, CO 80401 - Gas Line Easement - Gas Pipeline KP Kauffman Company Inc C/O KE Andrews & Company 3615 S. Huron Street, Suite 200 Englewood, CO 80110 - Oil and Gas Lease - Oil and Gas Facilities and Pipelines Peterson Energy Operating Inc. 497 Denver Avenue Loveland, CO 80537-5129 - Oil and Gas Lease - Oil and Gas Facilities DCP Midstream 370 17th Street, Suite 2500 Denver, CO 80202 - Gas Line Easement - Gas Pipeline Weld County Public Works PO Box 758 Greeley, CO 80632 County Road 23 1/2 ROW - County Road 23 1/2 Baurer Pit DRMS 112 Permit Application Page 39 ADDENDUM 1 Notice Requirements • Certification of Sign Posting Baurer Pit DRMS 112 Permit Application Page 40 SIGNATURE NOTICE This site is the location of a proposed construction materials operation known as the Baurer Pit. Aggregate Industries — WCR, Inc., whose address and phone number is 1687 Cole Blvd, Suite 300, Golden, Colorado 80401, (303) 985-1070, has applied for a Reclamation Permit with the Colorado Mined Land Reclamation Board. Anyone wishing to comment on the application may view the application at the Weld County Clerk to the Board, 1150 O Street, Greeley, CO 80632, and should send written comments prior to the end of the public comment period to the Division of Reclamation, Mining and Safety; 1313 Sherman Street; Room 215; Denver, CO 80203. CERTIFICATION: I, William Schenderlein of Blue Earth Solutions, LLC, hereby certify that I posted a sign containing the above notice for the proposed permit area known as Baurer Pit, on November 14, 2020. 11/15/2020 DATE WIX:f d.-pafi.Pll %INT A•prizz.Y . .t.• rl!.:Cll Rh & tat •7J •:44.:ri t 2 . • Y.; t Diva- JAf'; iiU ry>t..J iY i ZM.6MIdyO rs c +. A ltill=Jr w.‘...4 Vr Site KfG..i:w2-.. I. .: • XI: w r.YA{ M CAmti 4lr 'i0•: atekt v... .t t+s.'ntl4sw=.t11.tilf.'.tY _wJ vY;t.• rti;T:t.lip S.:.riflfi; :a . .-:art pr..: a'!l C.mlt xll.l h1Yt14�•, \ yr l'Lk": ISR Slifty-ycfr y d.•i13: .• ft Vial LW*, Hello